Elko County Board of Commissioners

Commissioners

Sheri Eklund-Brown

John Ellison

Charlie Myers

Warren Russell

Elko County Manager Robert K. Stokes

STATE OF NEVADA, )

COUNTY OF ELKO. ) ss. NOVEMBER 6, 2008

The Board of Elko County Commissioners met on Thursday, November 6, 2008 at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Sheri Eklund-Brown, Chair

John Ellison

Charlie Myers

Warren Russell

Elko Co. Manager Robert Stokes

CFO/Asst. Manager Cash Minor

District Attorney Gary Woodbury

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Sheriff Dale Lotspeich

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The proceedings were as follows:

CALL TO ORDER:

Chairman Eklund-Brown called the meeting to order at 1:36 p.m.

PLEDGE OF ALLEGIANCE:

Commissioner Ellison led the meeting participants in the Pledge of Allegiance.

I. COMMENTS BY THE GENERAL PUBLIC:

No public comments were submitted.

II. PAYMENT IN LIEU OF TAXES (PILT) SECURE RURAL SCHOOLS STABILITY ACT (SRS):

Discussion and consideration of the recent Federal Legislation that provides full funding for PILT and revised the formula for SRS to include additional funding availability to Nevada Counties including a County Election regarding the SRS Funding Program in Elko County and all other matters related, thereto.

Cash Minor stated the monies for the Secure Rural Schools was a declining amount of money each year and they had two options for allocation. They could elect to share in the State’s 25% payment, which meant they would get $10,000 to $12,000 or they could elect to share in the overall payment. The allocation in the overall payment would be 50% to the School District and 50% to the County. Cash Minor stated out of the 50% County allocation 15% to 20% must go to Title II and Title III projects. He stated that if they elect the 15% that meant $358,000 would go to the Elko County Road Fund. If they chose to allocate to Title III programs, it was capped at 7% of the $153,000 for the first year. Cash Minor explained that Title II was allocated under Forest Service RACS wherein they could do projects related to roads and bridges or improvements to help the fish and wildlife. Commissioner Ellison inquired if they elected the option of Title II, would it take away from their PILT funding. Cash Minor stated the Forest Service would create a FS RAC for Elko County and the money would stay in Elko County. Commissioner Myers inquired if the designation of a committee had to be under the Forest Service and Cash Minor replied in the affirmative. Commissioner Russell suggested they look for a partnership with the Forest Service on that amount of money. Commissioner Myers recommended they look at Harrison Pass, Charleston Road, and the Saval Ranch Road. Tom Montoya, Forest Service District Ranger, explained a Forest Service RAC was a 15-member committee similar to the BLM RAC. Tom Montoya stated there were three categories and submitted documentation explaining Category A, B and C. He stated the RAC committee’s job was to review projects and recommend them back to the Forest Service for approval. Tom Montoya stated generally they do that by majority vote and the Forest Supervisor determines if they meet the FS plan or environmental direction. The FS Supervisor may direct the committee to either eliminate the project or go to NEPA. Commissioner Ellison cautioned it would take it away from the PILT funding and that was the reason most of the counties do not seek this funding. Tom Montoya stated there were Title III funds wherein the projects were emergency services that occur on public lands such as search and rescue, fire, fuels projects. The County has total control of those funds and the County determined those projects if the County wished to split out 7% of the funds to Title III. The Board discussed the net gain from the PILT and the Secured Rural Schools funding process. Commissioner Myers commented that it would be advantageous to set aside a portion or all of that SRS for Harrison Pass. Robert Stokes noted their reduction to the PILT was displayed in the handout. Cash Minor stated PILT was under a population ceiling limitation with an Alternative A and B. He stated Elko was under the census population of 47,000 and there was an inflation rate factor for each year through the Green Book. Cash Minor reviewed the amount of PILT funds they would receive under Alternative A and B in the submitted copies of his presentation. Cash Minor noted that if they were an Alternative B county, they would not have to do the offsets. Commissioner Ellison stated that the National Association of Counties wanted to look at the formula for the PILT based on acreage and not on population. Cash Minor gave an overview of the appropriations they would receive for the Road Fund under the limitations and with the deductions of the SRS. Cash Minor explained these were based on the full funding formula for PILT but with the CPI adjustment of 3.5% per year. Cash Minor believed the Secure Rural Schools procedure would begin in February or March of 2009. He stated the County must have their election to the State Treasurer by the 14th of November. Commissioner Russell inquired if the Forest Service RAC committee would be people from the County. Tom Montoya stated it could be national organizations but they would look for people within the County because the RAC boundaries would be in Elko County. Tom Montoya understood that 50% was the offset on the PILT for the SRS funding. Robert Stokes noted that previously the reduction was 62% from PILT but was now told that it was dollar for dollar. Cash Minor stated they should research to find out if there was any type of deduction beyond the Title II. Commissioner Myers asked how long they would be under this option if it was elected. Cash Minor replied four years and if they opt for Title II and Title III, then they would have to elect that every two years. Commissioner Ellison asked Tom Montoya if RAC would have say over Title III funding. Tom Montoya stated it would go before RAC and it was required to have a 45-day public comment period prior to implementation. He stated there was a certification annually on those Title III dollars to the Washington office. Cash Minor clarified they would have to make a decision on Title II whether to do 15% or 20% allocation and Title III was limited to 7% of either one of those numbers with the balance going to Title II projects. Tom Montoya stated that a minimum of 50% of the Title II funds go to road type projects. Tom Montoya stated that they had previously discussed the Jack Creek Bridge but the Forest Service was unable to acquire funding for that project. He asked if the County would like to partner on that job. Commissioner Ellison inquired if that bridge was on private or public lands. Commissioner Myers noted there was a prescriptive easement where the bridge had been but right now they were going on private property for access across the stream. Tom Montoya stated that with Title II funds they could use that process to get that bridge funded.

MOTION: Commissioner Myers moved that under agenda item II Payment in Lieu of Taxes/Secure Rural Schools Stability Act they accept and adopt Resolution No. 39-2008; they also select in that distribution under SRS the 50% to our local School District, leaving a minimum to Elko County of $358,175 for roads; the election under Title II and Title III would be a minimum of 15% which would be $153,504 and under Title III, which would be subtracted from Title II, a minimum of 15% or $10,745. Commissioner Russell seconded the motion.

Commissioner Ellison noted that the language was changed in the Federal Register that PILT would go back to the existing funding in 2012 and it would be up to the Board to request full funding for PILT again. Commissioner Myers noted that in 2012, they would have to do the subtraction but they would not have the SRS payments. Cash Minor did a recap of the payments under the election of the SRS payments. Commissioner Eklund-Brown publicly thanked Commissioner Ellison for his work on this legislation, and Cash Minor for his presentation and Tom Montoya for his overview.

The motion passed unanimously.

III. 2010 NATIONAL ASSOCIATION OF COUNTIES (NACo) ANNUAL CONFERENCE:

Discussion and consideration of a request to financial participate in the National NACo Annual Conference that will be held in Reno, Nevada that will highlight Nevada Counties on the National NACo stage and all other matters related, thereto.

Cash Minor stated Bob Hadfield was approached to generate county support for the National Conference. He asked for $10,000 from this County and they could budget it for next year. Commissioner Ellison noted this would bring many people within the State of Nevada for the conference. Commissioner Eklund-Brown believed it would bring the state issues to the national forefront. Cash Minor commented that it would bring in between 2,000 to 3,000 people for the conference.

MOTION: Commissioner Russell moved that they send a letter to Bob Hadfield committing themselves for $10,000 and they would include it as part of their budget process for the next fiscal year. Commissioner Ellison seconded the motion.

Commissioner Ellison stated most of the counties have pulled the money out of their additional PILT monies. Commissioner Myers suggested they add a caveat that if NACO needed the money before the budget process then they would take it from the Net Proceeds.

Commissioner Russell amended his motion that if NACO needed the money before the budget process then they would take it out of the net proceeds funding. Commissioner Ellison seconded the amendment. The motion passed unanimously.

IV. ELKO COUNTY SHERIFF’S DEPARTMENT:

A. Discussion and consideration of the approval of a Nevada Department of Emergency Management Public Safety - State Homeland Security Program (SHSP) grant for $721,109 for a Statewide Citizen Corps Program, Advanced IED/WMD for Nevada Bomb Squads and advanced CBRNE Detection and Decontamination and all other matters related, thereto.

Sheriff Lotspeich reported that a portion of that grant was for the Nevada bomb squads and it would go to the local bomb squad in the City of Elko to allow them to maintain national certification and become a full partner in the statewide bomb squad unit. He stated that funding would be applied toward respiratory protection equipment and to the Northeastern Nevada Citizen’s Core Group. Commissioner Ellison voiced support for better radio communication and the Enhanced 911 System. Dale Lotspeich stated 25% of all the monies coming to Nevada had to be utilized for the advanced IED Program. He stated the other bomb squads in Reno, Carson City, Tahoe and Clark County have given up their projects for the monies to come to Elko. Sheriff Lotspeich stated a certain amount of monies went to inoperable communication under previous programs. Dale Lotspeich noted the County had allocated funding to develop an engineering plan to move forward on Elko communications. He stated the Nevada Department of Emergency Management had asked him to administer this grant. Commissioner Myers asked if administration fees went to the Sheriff’s Department. Sheriff Lotspeich stated there were no administration fees but there were monies through DEM for travel, etc. He explained the administration for these grants were not manpower intensive.

MOTION: Commissioner Russell moved to approve the Nevada Department of Emergency Management Public Safety-State Homeland Security Program (SHSP) grant for $721,109 for a Statewide Citizen Corps Program, Advanced IED/WMD for Nevada Bomb Squads and advanced CBRNE Detection and Decontamination and other aspects. Commissioner Myers seconded the motion. The motion passed unanimously.

B. Discussion and consideration of the approval of a Nevada Department of Emergency Management Public Safety - State Homeland Security Program (SHSP) grant for $53,500 for a Statewide Citizen Corps Program and all other matters related, thereto.

Dale Lotspeich noted this was another pool of money for the citizen corps programs in the five counties. He stated the primary purpose for the citizen corps was emergency and disaster preparedness and giving more people training when a major emergency happens. He commented that the Neighborhood Watch was also a partner in the program. Dale Lotspeich stated most of their resources were dedicated to the criminal element.

MOTION: Commissioner Myers moved to approve the Nevada Department of Emergency Management Public Safety – State Homeland Security Program (SHSP) grant for $53,500 for a Statewide Citizen Corps Program. Commissioner Russell seconded the motion. The motion passed unanimously.

C. Discussion and consideration of the approval of an Office of Traffic Safety – Joining Forces grant for $44,000 for traffic safety related services and all other matters related, thereto.

Sheriff Lotspeich explained that it was funding for overtime to do DUI enforcement, seatbelt enforcements, speed issues and alcohol enforcements. Commissioner Eklund-Brown asked if Check Point was the same as the Joining Forces Program. Dale Lotspeich explained that Joining Forces was all the law enforcement entities working together at the same time to reduce accidents. He explained they would assign a four-hour block of time for that activity and that funding was through the National Highway Transportation Board.