state of nevada, ) mike nannini warren russell sheri ......balance. he stated in speaking with the...

ELKO COUNTY COMMISSIONERSREGULAR SESSION

MAY 8, 2003PAGE 1

STATE OF NEVADA, )COUNTY OF ELKO. ) ss. MAY 8, 2003

The Board of Elko County Commissioners meet in a regular session on May 8, 2003, at8:30 a.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners John Ellison, ChairMike NanniniWarren Russell Sheri Eklund-BrownCharlie Myers

County Manager Robert StokesChief Financial Officer Cash Minor Deputy Comptroller Debbie ArmuthDistrict Attorney Gary WoodburyElko County Clerk Win SmithCounty Clerk Adm Carol FosmoDeputy County Clerk Marilyn TiptonCounty Treasurer Caesar SalicchiJustice Court Adm Liz WatsonDistrict Attorney Lynne GillettePublic Guardian Debbie HarrisonPublic Guardian Ofc Kathy GearyHuman Services Dir. Jerilyn UnderwoodUndersheriff Steve BishopLibrary Director David Ellefsen Library Laura OkiLibrary Jeanette MooreLibrary Board Member Carol MadsenRoad Supervisor Otis TiptonNDF Tom TurkWells Justice of the Peace Patricia CaltonJackpot Justice of the Peace Phyllis BlackData Processing Dennis Gilligan

- - -The following proceedings were held:Chairman Ellison called the regular meeting to order at 8:35 p.m. All

commissioners were present with Commissioner Myers present via telephoneconferencing.

PLEDGE OF ALLEGIANCE:

ELKO COUNTY COMMISSIONERSREGULAR SESSIONMAY 8, 2003PAGE 2

Commissioner Russell led the meeting participants in the Pledge of Allegiance.COMMENTS BY THE GENERAL PUBLIC:

Win Smith, County Clerk’s Office, expressed her concern about the cost of a newlogo. She noted that with a new logo they would have to replace new letterheads,envelopes, business cards, the county flag and the vehicle logos. She noted it would beapproximately the cost of part-time help for one year. Commissioner Ellison stated that itwas the Board’s intention that they would not change anything but when it came forwardthat the cards need to be purchased then they would be replaced. Win Smith stressed thatCounty Elko was faced with tremendous financial problems and that was a lot of money tochange the logo. She noted that even if that was spread out over two or three years thatamount was a lot of money. She felt in plush times it may be a good thing but they werehaving terrible financial problems. She stated they were losing employees because of thefinancial problems and that was a tremendous amount of money even if it was spread outover a year’s time. Commissioner Ellison stated they would explore to see what the costswould be. Win Smith noted that it was estimated at approximately $30,000.00.Commissioner Myers inquired what that amount would be for. Win Smith noted thateverybody had business cards, everybody had letterheads and envelopes. She noted thata new county flag would cost a tremendous amount of money. She stated that she justwanted to express her opinion. Commissioner Myers felt Win had a good point. Hebelieved they should take all the entries for the change in the logo and go forth only whenthey could go forward financially. He stated that they had a budget where they had to lookat positions and services vs. extravagancies and felt that they needed to be careful rightnow.

BUDGET PROJECTIONS:Cash Minor review and discussed the projected budget recommendations for

FY03/04 and all matters related thereto.He noted that on the green pages addressed the action taken on the tentative

budget. He stated they had an ending fund balance of $604,421.00 at this point whichrepresented a 3.04% and they would need $1,051,402.45 for the recommended 8.3%ending fund balance. He stated that the recommended amount for contingency was 3%of their expenditures which would be $604,000.00 and it was currently at $300,000.00. Hestated that in the past they had managed to survive on that amount. He noted that thetransfers in and transfers out were upon the green pages.

Cash Minor stated that there were suggested options on pages 2 & 3. He stated thatpage 2 was the recap and page 3 was the detail of the proposed cuts in the budget. Hestated this would be his worse case scenario but it would result in an 8.69% ending fundbalance. He stated in speaking with the Commissioners they felt the 6% or 7% range forending fund balance would be sufficient.

Cash Minor stated on page 4 & 5 had the cuts proposed to bring the budget to anending fund balance of 7.42%. He noted that on pages 6 & 7 had the ending fund balanceat 6.78% ending fund balance and on pages 8 & 9 had the proposed budget for an ending


MAY 8, 2003PAGE 3

fund balance of 5.52%. Cash Minor believed the 5.52% ending fund balance was too lowfor their ongoing operations. He stated that page 10 gave them all the various options andthe comparisons. Commissioner Nannini inquired if the department heads had looked atthis. Cash Minor stated Robert Stokes had talked to some of the department heads but no,not across the board. Commissioner Eklund-Brown stated that if there were reductions instaff then it should come from the department heads because they would be more awareof what they could do without. Cash Minor noted the public hearing for the budget wouldbe May 19th and they could hold one more meeting Wednesday through Friday next weekif they wished to make other decisions. Commissioner Myers stated he would be in RenoThursday and Friday. The board discussed holding a meeting on Saturday or Monday.Robert Stokes inquired about holding it earlier on Monday. Commissioner Eklund-Brownnoted they would not have enough time for posting it for next Monday. CommissionerEllison noted they could recess this and go to Monday the 12th. It was suggested to holdthe meeting on Monday the 12th in the afternoon at 1:30 p.m.

Commissioner Eklund-Brown requested they go to page 10 and review their options.Cash Minor noted they had a one and one-half ($.015) cent tax rate which went to

the State controlled Indigent Auto Fund (IFA). He stated the board for the IFA fund statedthey had a surplus of money and they don’t want to implement that tax for one year so theyshifted that amount of $138,670.00 to the general fund. He stated in FY 2004/2005 thatrate would be assessed again for the Indigent Auto Fund. Commissioner Ellison inquiredif that passed. Commissioner Nannini stated he was on that board and they had voted onthat for this year. He commented that he had been on that board for ten years and felt theyhad done a good job with that fund.

Cash Minor stated the next item was the Group Insurance which was originallybudged at a 30% increase which was $9,800.00 per employee and they had dropped thatto 20% for a reduction of $158,000.00.

Cash Minor stated they had increased the contingency by $75,000 to offset that justin case something went wrong with the health insurance renewal. He stated that they hadincluded the 3% step increase for appointed non represented officials totaling $29,800.00.

Cash Minor noted in the Commissioners’ budget they had eliminated $50,000 for thelobbyist contract and added an additional $10,000 to Commissioners’ travel. He statedwith the loss of the lobbyist the County Manager, himself as well as the board memberswould do more travel than they had in the past. Commissioner Eklund-Brown noted thatnext year it was a non legislative year. Cash Minor noted there were still committeemeetings they would want to attend some of those meetings. Commissioner Nanniniinquired on some of those issues, they could perform a case by case proposal withStephanie Licht on an as needed proposal. Commissioner Ellison noted they had acontract up to June and they would have to sit down and negotiate with her. CommissionerNannini stated he hated to lose Stephanie Licht because she did an excellent job. Hestated she may work on a case to case basis this next year.

Cash Minor stated they had increased the Property Casualty Insurance by$10,000.00. He stated they had decreased the legal/professional labor attorney from


$20,000 down to $10,000. Cash Minor noted that most of the major contracts were donefor two years. He stated the ECEDA contribution was $3,000 lower than in the prior years.He noted that Elko County would be hosting the NACO conference so they had added a$5,000 line item because there would be certain expenses that the County would berequired to pay.

Cash Minor noted in the Clerk’s office they had eliminated a part-time position.Commissioner Ellison inquired if the $5,000 for the NACO expenses could come from theRecreational Fund because it did encourage tourism. Cash Minor stated that could bedone.

Cash Minor stated they had decreased the Comptrollers’ budget by $2,000 fortraining, and they were looking at mandatory direct deposits to eliminate postageexpenses. He stated in the Collections Office they had eliminated $1,000 in travel, $1,500in training and $4,000 in operating. He stated that the travel and training were paid by theAdministrative Offices of the Courts. He stated that the operating costs were less.

Cash Minor stated in the Recorder’s office Jerry Reynolds told them he could takea $2,000 decrease in services and supplies.

Cash Minor stated in Community Development they had looked at the elimination ofa draft person/GIS operator and/or a building inspector. He stated it was theirunderstanding that the building inspector had applied for a job elsewhere. If he leaves thenthey could look to see if they want to fill that position.

Cash Minor stated in data processing they had shifted from other contractualmaintenance to pay for software maintenance contracts coming up.

Cash Minor noted the Sheriff’s office was proposed at a $300,000.00 decrease andthe Jail was proposed at a $75,000 decrease.

Cash Minor stated the Northeastern Area Fire District was proposed for a decreaseof one employee in the amount of $75,000 and there was some salary savings of$4,828.00.

In District Court I, they proposed to give them $25,000 for their salaryrequests/positions and there was a $900.00 increase for liability insurance. He stated theypay to the State Risk Pool for District Court Juveniles rather than insuring thosethemselves.

Cash Minor stated for District Court II there was an increase of $725.00 for the sameinsurance for juveniles.

Commissioner Myers inquired if that increase included the request from JudgeAndrew Puccinelli. Cash Minor stated that would be reflected in that department budget.Debbie Armuth noted that request was above his budget and those requests were includedfor the most part with $1,000 difference. Commissioner Eklund-Brown inquired if it waspossible to show how they accommodated those requests into the budget. Debbie Armuthnoted none of those were accommodated through the tentative budget exclusive of thepurchase of the Sheriff’s budget.

Cash Minor stated there was a proposed decrease for the Elko Justice Court in theamount of $50,000. The Jackpot Justice Court proposed decrease was $10,000.00 for the


MAY 8, 2003PAGE 5

reduction of a part-time employee. Cash Minor stated they proposed to lower the trial expenses by $25,000.00. He

stated they would eliminate one public defender for $73,431.00. In the District Attorney’sbudget there would be a reduction of $60,000.00

Cash Minor stated the Public Health had replaced a nurse with a part-time clericalposition so there was a salary savings of $6,000.00.

Cash Minor noted the Public Guardian position was in the tentative budget at$37,000 and they proposed to maintain one full time position and put that position inHuman Services Welfare rather than in the District Attorney’s Office.

Cash Minor stated in the Ag Extension office they proposed the elimination of oneclerical position ($50,331.00).

Cash Minor noted in the Library they had a lot of contracts with Eureka and LanderCounty so it was proposed to put 40% of the Library Extension Supervisor’s salary/benefitsin there and 10% of the bookkeeper/director’s time which would be $34,000.00. He notedthat would be a total reduction of $1,646,090.00 and would result in an 8.69% ending fundbalance. He noted they had submitted various options across the page with option 1 asthe worse case scenario.

Commissioner Eklund-Brown inquired if that was an enterprise fund for the libraryand a cost sharing basis. Cash Minor replied the library fund was funded with sales taxand property taxes but the Library Service Fund was actually under contract. He statedthat within that contract they have their employee costs and previously the County hadfunded that through Elko County tax dollars. However, they felt that it was appropriate thatthe contracts should pay for a portion of those employees within that contract. Cash Minorstated they would decrease the cost to the library fund and increase the cost to the libraryservice fund to match it with the contracts. Commissioner Nannini clarified that the worsecase scenario was option 1 but it would give them an 8.69 % ending fund balance.Commissioner Ellison inquired what Cash Minor’s recommendations were. Cash Minorsuggested they stay between 6% and 7% for their ending fund balance. He did not believethey could go below 6% and still maintain their operating cash flows. Commissioner Ellisoninquired what option that would be. Cash Minor felt option 3 was the lowest option theyshould consider. Commissioner Nannini requested that they review option 2.Commissioner Ellison noted in option 2 the Sheriff’s office would save $100,000 and thejail would retain $20,000. The Justice Court would retain $15,000. The District Attorneywould retain $35,000 under option 2.

Commissioner Russell stated he had viewed the budget conservatively. He notedthey did not go to the depths last year that he had recommended and in January andFebruary they had to make corrections because they were too optimistic. In looking at thisbudget, he believed that bottom line for comfort level would be option 3. He felt that on thejail budget there were issues of safety for the personnel. He believed going below a safemargin of staff that safety level may encourage possible litigation if an incident occurredin the jail. He preferred option 3 because he was not in favor of cutting the jail budget. Hestated with option 3 they would only be down by $300,000.00. He stated if they come to


January and February and the economy had not turned around then the discrepancybetween options they could make adjustments midterm without being too midstream.Commissioner Russell stated it was his personal opinion that option 3 was the appropriateoption. He stated they could discuss items within that option 3. Commissioner Ellison wasconcerned that every year all the county employees had to go through this and worry aboutbudget cuts. He noted that sales tax, ad valorem and population was down. He felt theyshould take this hammer by the head and fix this so they did not have to address this everyyear. He felt option 2 would give them a little leeway so they were no reviewing it againand again. He noted between option 2 and option 3 there was not that much difference.Commissioner Nannini inquired if they were going to lay off four people in the sheriff’sdepartment. He stated he met with the Sheriff the other day and he could not get bywithout those people due to sickness, vacations, etc. Commissioner Ellison stated he hadreviewed that budget and since 1992 that budget had raised $330,000 every year. Hestated the population was down to 1992 level yet the sheriff’s budget was at a 1993 level.Commissioner Nannini inquired if that was due to the increased amount of employees, orwhat caused that increase. Commissioner Ellison stated it was inflation, employment,insurance, etc. He believed they should bring it back down to reality. CommissionerNannini inquired how many people had been increased since 1992. Cash Minor stated hedid not have that information from 1992. Commissioners Eklund-Brown and Ellison notedthat every employee’s amount increased annually. Commissioner Ellison felt they shouldmake the hard decisions now or they would be back again next year doing the same thing.

Commissioner Myers agreed with option 2. He felt they may want to consider on along term basis the difference between options 2 and 3. He stated they could take thatdifference between options 2 and 3 to do some employee buyouts. Commissioner Ellisonnoted there were some 30 year employees that may want to retire. He stated the savingswould be over the next 3 or 4 years. Commissioner Myers stated that if they did options2 and 3 they could take that difference in the ending fund balance and perform the buyoutswhich would have a positive affect to the budget long term. Commissioner Ellison felt theyshould stay between options 2 and 3. He felt option 4 was putting a band-aid upon it.Commissioner Nannini felt they should take a hard look if they cut four (4) people from anydepartment. Commissioner Ellison stated if they look at options 2 and 3 there would notbe four people cut. Commissioner Nannini suggested they keep the proposed cut at$150,000 for the Sheriff which would only mean he would lose two (2) people. He felt thata 6% ending fund balance was more than adequate. Commissioner Ellison inquired whatthe board’s opinions were on the ending fund balance and if they wanted to maintain thesuggested 6%. Commissioner Nannini felt they should because it was something theycould live with. Commissioner Russell inquired about the dollar amount for the differencebetween 6% and 8.3%. Debbie Armuth replied if was approximately $100,000.00. CashMinor clarified they were talking about the 8.69% down to the 6% percent. Cash Minorbelieved that they should remain at the 6% or the 7%. Commissioner Russell noted thefigure for the six (6) percent would be approximately $350,000.00. Commissioner Myersagreed with Commissioner Nannini on the six percent. Cash Minor stated that to get down


MAY 8, 2003PAGE 7

to six percent they would need approximately $350,000.00. He stated if they look at option3 it would reduce it at $150,000.00. Commissioner Nannini stated it would be$1,156,425.00 if they did the estimate that Cash Minor had stated. Commissioner Ellisonnoted that the board members agreed to remain at the 6% and asked Cash Minor andDebbie to calculate the difference and come back with the difference. CommissionerEklund-Brown noted it would increase their position now by $500,000.00. CommissionerRussell noted that if they wished to save $50,000 for sheriff they would have to take$50,000 from another option item. Cash Minor stated they would only take $150,000 fromthe Sheriff’s budget under option 3 to get to the 6%. Commissioner Russell inquired aboutthe effect to the Sheriff’s Department. Commissioner Nannini suggested that they makethe sheriff’s cut at $125,000 rather than the $200,000. Cash Minor clarified that theywanted to change option 3 under the sheriff’s department from $200,000 to $125,000.00.Commissioner Ellison suggested they figure the six percent first, then look at the individualbudgets. Cash Minor stated they would have to take $125,000 out of option 3. He statedthey could utilize the $125,000 to restore some of these cuts. Cash Minor clarified thatthey want to change the Sheriff’s budget reduction from $200,000 to $125,000.Commissioner Nannini stated that gave them $50,000 to restore one or more of thereductions they had proposed.

Commissioner Myers inquired where they would put that $50,000. CommissionerEllison felt they should put that back in. Commissioner Myers noted they should considerindividual contracts with the lobbyist. Commissioner Eklund-Brown felt they should hire heron a needed basis and stated the $10,000 increase in the travel could go to the lobbyistcontracting. Commissioner Ellison felt they would spend every bit of that travel expense.Commissioner Eklund-Brown inquired about the travel budget. Cash Minor stated that overthe last 6 years they had under budgeted that every year between $10,000 and$20,000.00. Commissioner Russell suggested on an off year they could eliminate thatposition and board members and staff could attend those meetings. However, during thelegislative session he seriously doubted that they could cover that effectively as theexperienced lobbyist. Commissioner Nannini agreed with him. Commissioner Russellcommented upon the amount of committees and meetings to be attended. He noted asthey reduce the size of their county government the commissioners would have to acceptmore responsibility to take care of things like this. He felt this would be their way tocontribute in saving money and perhaps saving positions within the County.Commissioners Ellison felt that the travel fund money would be very important. He statedon Friday they had to send Robert Stokes to Carson City at a minute notice and they gothit with another unfunded mandate for China Springs. Commissioner Nannini stated thewhole reality of this situation was if they don’t keep her on as an as needed basis then theysend a commission down they it cost them $500.00 depending whether they have to stayover night or the $300.00 plane ride, rent a car, etc. He stated that they should be practicalbecause when the Commissioners go down there they were no known and do not knowwho to talk to and Stephanie Licht knew exactly the people to speak with and who chairedthe committees. He noted that on an off year they ran into situations where they try to


muster support for those different bills. Commissioner Nannini noted they knew aboutsituations where they needed to head off some of these things before it got to thelegislative session. He stated that was why he was saying you could spend as muchmoney as they wanted on the commissioners and staff but if they did not know who to talkto or deal with. Commissioner Ellison stated that was why they suggested leaving the$50,000 in there for midterm and part-time basis. Commissioner Nannini stated heunderstood that Commissioner Russell had suggested they cut it off completely. He notedthey had spent lots of money training Stephanie Licht and establishing these connectionsso they should be careful what they do. Commissioner Ellison noted that she had savedthe County a lot of money by keeping her ear to the ground. Cash Minor noted that theyemployed a lobbyist in the off year was to maintain the continuity from the session throughall the interim studies into the next legislative session. Commissioner Ellison felt it shouldbe on an as-needed basis. Commissioner Russell clarified that they were saying if therewas an issue that affected the county then they would contract with Stephanie Licht toattend those committee sessions that affect the county.

Cash Minor clarified that they left the lobbyist in for $50,000 and decreased the cutsto the sheriff from $200,000 to $125,000.00. Commissioner Eklund-Brown stated the$50,000 was for the lobbyist for the on-year but for the off-year they would utilize theincreased travel of $10,000.00. Debbie Armuth clarified that in an on-year it was budgedat $50,000 and $25,000 for an off-year. Cash Minor stated that during an off-year theypreviously budgeted $30,000.00. Commissioner Nannini felt it would be on an as-neededbasis. Commissioner Eklund-Brown suggested they leave in $20,000 for the lobbyist.Cash Minor stated they had $30,000 left to get down to the six percent (6%) ending fundbalance.

Commissioner Myers inquired about the travel budget and felt it should be increased.Cash Minor stated they could put in another $10,000 in travel so it would be total of$20,000 for travel.

Commissioner Ellison suggested that the $20,000 remain in there for emergencies.Debbie Armuth noted that China Springs cost them approximately $50,000 more than lastyear. Commissioner Ellison voiced his concern that there may be more unfundedmandates. Commissioner Eklund-Brown noted they had taken $75,000 off of the Sheriff’sbudget and added $30,000 back in from the lobbyist budget, took another $10,000 fortravel and left it at $70,000 that they could still reduce the cuts. Debbie Armuth clarifiedthat it would be $30,000.00 for the lobbyist. Commissioner Eklund-Brown noted they hadleft in $20,000.00 for the lobbyist. Commissioner Nannini noted that they had cut $25,000from the District Attorney’s budget and inquired if Gary Woodbury could do with that budgetbecause he knew they had stuff coming up on the Jarbidge matter.

Gary Woodbury stated he could not answer that question. He stated that he couldlive with half of what he got but it depended upon the amount and upon the quality of thingsthey want them to do. He stated if they take the $25,000 then one of their people wouldhave to go which would be their quality control person. He stated that person proofreadstheir work with great care. He stated he could not evaluate what was more valuable at this


MAY 8, 2003PAGE 9

point. Gary Woodbury stated that if they cut his budget then he would make it work. Commissioner Russell stated he agreed with Commissioner Ellison that they may

have a potential of buying out people who want to retire or they have a murder case comebefore the District Attorney. Commissioner Myers noted they had issues out there and feltthat they may have to give that $30,000 to the District Attorney’s office. CommissionerEllison believed that they should retain that $30,000 for emergencies. CommissionerNannini agreed that they need to put that into the District Attorney’s budget. CommissionerEklund-Brown noted that the Northeastern Area Fire District had fewer employees than theDistrict Attorney’s office. Commissioner Ellison noted he had spoken to contract serviceemployees this morning and they were bringing in teams from different States, and theydid not believe there would be any large fires here this year. Commissioner Eklund-Brownstated he would like to hear from Tom Turk. Commissioner Ellison felt they should notcommit that money. He noted that Win Smith may be slapped with more expenses for thevoting machines. Commissioner Nannini noted that there was $375,000 in thecontingency. Commissioner Russell did not believe that amount was very much for thesize of their budget. Commissioner Ellison felt that money should not be committed.Commissioner Myers noted that if they don’t budget it then everybody would be looking atthat $30,000. Commissioner Russell suggested that it should be shifted to the contingencyfund so the Commissioners could utilize that later in the year. Commissioner Nannini feltthat every department head should know exactly what their budget would be. He did notbelieve they should have money hanging out there that these folks felt they could comeand get during the middle of the year. Commissioner Russell felt that if they put it in thecontingency it would be a solid number. Commissioner Ellison felt that the numbersalready looked good and believed they had compromised from 6.5% to 6%. DebbieArmuth noted that they were looking at $30,000.00. Commissioner Eklund-Brown statedshe had $20,000.00. Cash Minor noted they had added back in $95,000. CommissionerMyers suggested that Cash Minor come back Monday with the amended figures. DebbieArmuth stated they were at $25,000.00. Commissioner Nannini suggested a meeting onSaturday. The board discussed scheduling another meeting on Saturday. Robert Stokesstated they had a CDBG grant hearing at 1:45 p.m. Commissioner Nannini suggestedMonday night at 6:00 p.m. Commissioner Ellison suggested the meeting be scheduled at6:30 p.m. on Monday night. Commissioner Russell suggested that they perform a strawpoll on putting the $25,000 into contingency. Commissioner Nannini suggested they givetheir opinion. Cash Minor stated they could address this Monday night. CommissionerRussell suggested the $25,000.00 go into contingency. Commissioner Eklund-Brownwould like Cash Minor and Debbie Armuth meet with the department heads and look attheir outstanding requests before Monday night. Commissioner Ellison suggested meetingon Monday night. Commissioner Nannini felt they could spread that out through thedepartments. Debbie Armuth requested clarification that they would like to put it incontingency. Commissioner Nannini stated they had $25,000 and they were to meet withdepartment heads and if not needed they would put it in contingency.TAX RATES:


Medical Indigent Fund:Debbie Armuth reviewed Tax Rates for the Medical Indigent Fund. The first column

reflected the current FY 2002/2203 with the maximum operating levy at 0.8262 rate. Shestated that column 2 reflected their tentative tax rate for FY 2003/2004 with a .0157increase. She stated that increase was reflected in the medical indigent fund and the youthservices assessments together with the reduction in the South Fork bond. She stated thatbasically the operating levy had stayed the same from last year to this year. She statedthat there was an increase in the China Springs assessment and felt that the Board shouldaddress that issue. She inquired if they wanted to increase the tax rate to accommodatethat. She stated this reflected the reduction of the Indigent Auto Fund (IAF), and the SouthFord bond redemption. Debbie Armuth stated that if they were to increase the tax rate foryouth services it would go up from the .0160 to become .0167. She stated the last columnshowed them where the changes were. She felt they should keep in mind that theoperating rate fluctuates depending on how the expenses were incurred. She noted therewere increases in revenue within the Juvenile Department due to the 4D reimbursement.Commissioner Russell requested clarification that they would have to raise taxes to meetthe budget that they were just discussing. Debbie Armuth stated they would have to dothat for youth services. Commissioner Ellison noted that he would not do that. Cash Minorstated the only two increases which affected the operating fund was the medical indigentand the youth services. He stated the 2 cents affected the medical indigent fund and therewas a small increase for the youth services which was for China Springs. CommissionerEklund-Brown noted that would mean about one and one-half cent (.015) increase. Debbie Armuth noted that was reflected directly into the medically indigent and the youthservices fund. Commissioner Nannini stated that they could not meet their bills.Commissioner Ellison noted that they kept mandating the County to pay more and morefor the assessments for China Springs. He stated they had built a juvenile facility here inElko for first response so they would not have to send them down there. Cash Minor statedthat the juvenile center here and China Springs were different levels of juvenileintervention. Commissioner Ellison noted that China Springs was mandatory but the otherwas not. Commissioner Eklund-Brown inquired if they had any choice. Cash Minor statedthat they had to fund china springs. Commissioner Ellison inquired where they would takethat money from. Commissioner Ellison stated that they would have to take it either fromthe juvenile budget or the operating funds. Robert Stokes stated he would likeauthorization to send a letter from the Commission to the legislature on this issue. Hestated for several years they had paid into China Springs and now they have Aurora Pines.He stated that there was just another increase for the operating costs and another increasethis year because the legislature had decreased the amount the State paid. He stated theState dropped the percentage they paid from 36.8% down to 30.5%. Robert Stokes notedthat with regards to that issue he would request the commission to allow him to send aletter to the legislature that the 36.8% be restored as the State’s contribution toward theyouth services. The Board members voiced their support of Robert Stokes sending thatletter to the legislature. Robert Stokes cautioned them that they would not deal with all the


MAY 8, 2003PAGE 11

increases. He noted that the County received information two years ago but theinformation was submitted to the County too late to adjust for the increases, so they werenow playing catchup. Debbie Armuth stated they had submitted an analysis upon theyouth services. Commissioner Eklund-Brown inquired about the increases that the Countyincurred two years ago when their budget was already submitted. Robert Stokes reviewedthe legislative procedure wherein the China Springs/Aurora Pines budget would go through3 or 4 legislative hearings. He noted they had just received information last week that theState planned on reducing their assessment amount so there would be an increase in theCounty assessment. Commissioner Eklund-Brown inquired what happened two years ago.Debbie Armuth stated they receive their revenue projections from the State Department ofTaxation and they tell them what their assessments would be based upon the budgets ofthe legislature. She noted two years ago at the last minute Elko County received a fax onthe day of their meeting from the State Department of Taxation stating what theirassessment would be. Robert Stokes stated the reason for the delay was due to it goingthrough the legislative process. He noted that some of the mandates had just been votedon. Commissioner Eklund-Brown inquired if there could be increases from this session.Debbie Armuth stated yes they may have to adjust their budget. Commissioner Ellisongave Robert Stokes authorization to submit that letter. He felt that their elected officialsshould be made aware of the letter. Robert Stokes stated that there was a jointsubcommittee of the Senate, Finance Ways and Means which would address this.Commissioner Russell would like to see an option which shows a comparison without thetax increase and with the tax increase. Debbie Armuth requested further clarification.Commissioner Eklund-Brown stated they were already under funded in the indigent.Commissioner Russell felt the reason for doing that analysis was so they could look atrevenues to fund the budget without raising taxes. Debbie Armuth inquired if they wantedto reduce the operating fund for the youth services fee assessments. CommissionerEklund-Brown noted they would drop the South Fork bond so there would be an increasethere. Commissioner Russell stated he would like to keep the taxes the same this year aslast year. Cash Minor warned them that if they did not increase the tax then they would belooking for an additional $354,000 in cuts from the operating fund. Commissioner Eklund-Brown felt the public should be more aware of what they were looking at without theseincreases. Commissioner Nannini did not think that they could do that because they didnot have the money. Commissioner Ellison inquired if they could leave the medicalindigent at 7 cents and still make it up. Cash Minor stated it could be set between six andten (6-10) cents. He stated that if they did not raise it two (2) cents they would continue tohave a negative fund balance because they cannot pay the bills. Commissioner Eklund-Brown inquired about their projections for indigent care and accommodating the reducedrate to pay the hospital bills. Cash Minor stated he had not paid the hospital for two yearsso they would be playing catch up and they were currently incurring additional bills. Hestated that the hospital would not be paid until July. Commissioner Nannini inquired aboutthe amount needed to catch up and pay the bills. Cash Minor replied two (2) cents andone-half (½) cent would be applied to youth services. Commissioner Eklund-Brown noted


that with bringing back in the South Fork bond it would be a cent and one-half (.015) forthose two funds. Debbie Armuth stated that would result in about $4.00 on the taxes.

Jerilyn Underwood inquired if there was a possibility of the Indigent Auto Funds thatwent to the general fund could be utilized to supplement the Indigent Medical Fund.Commissioner Eklund-Brown noted that it was a supplement for revenue right now to theoperating fund. Jerilyn Underwood voiced concern that for years that it had been comingout of the indigent fund and the situation was getting worse. She noted that a lot of hard-pressed indigent residents were ending up in jail. She noted they were in one system ofthe other. She stated that they had been directing these funds to different places forseveral years. She noted that as the economy got worse the situation would get worse foreveryone. Debbie Armuth felt that Jerilyn Underwood was saying put the .015 cents intothe indigent fund. Cash Minor stated $140,000.00 would be eliminated from the generalfund. Commissioner Ellison noted that would eliminate two people to do that.Commissioner Nannini felt they had to raise the taxes to pay the bills. CommissionerEllison stated the City, County, and State had raised the taxes about 38 cents last year.He noted that with this year’s tax raises that amount it would be raised to almost 60 centsin two years. Commissioner Ellison felt they should tighten their belt. CommissionerNannini inquired how they would get that money. Commissioner Ellison noted they did notwant to lay off any Sheriff’s employees. He stated that their indigent fund was growingmassively. He noted that indigent system was growing so big and broad. CommissionerNannini stressed they had to pay the bills. Jerilyn Underwood agreed with CommissionerEllison and their budget was lower than previous years. She noted they had beenoperating in the deficit and they would have to bring it back up to the 8 cents to balance thebudget. She noted in poor financial times it increased indigence. She noted that they wereseeing regular residents that did not have health insurance and medical facilities would notsee individuals that did not have health insurance or the cash. Jerilyn Underwood notedthose type of individuals had been reduced from full time to part-time employment.Commissioner Eklund-Brown clarified that more people were qualifying for indigent funds.Jerilyn Underwood noted that their tax rate had been diminished by the reduction from 8cents to 6 cents. Cash Minor stated that for the past 12 years it went from below 6 centsto as high as 9 cents. He stated that as their assessed value increases then the same taxrate brings in more money. However, they were in a situation wherein their assessed valuehad declined and the tax rate was lower. Commissioner Eklund-Brown clarified that theyhad adjusted it accordingly to accommodate the accessed values in the past.Commissioner Nannini inquired about the $92,446.65 amount. Commissioner Ellisonstated that a one cent tax rate equals $3.50 on a home with $100,000.00 of taxable valueand the one cent tax rate would be $92,446.65. Debbie Armuth noted at a cent and one-half (.015) it would be $5.25 on a home with $100,000 of taxable value. She stated if theywanted to require the Juvenile Probation Department to pay for the youth service’sincrease it would be approximately $54,000. Commissioner Eklund-Brown noted that ElkoCounty was one of the only counties which had a juvenile facility center and inquired if thatwould apply as credit to this assessment. Cash Minor stated the other counties had


MAY 8, 2003PAGE 13

juvenile facilities. He stated that Washoe County covered 55% to 60% of the assessmentfor China Springs. He stated that Lyon, Churchill, and Douglas counties had a regionalcenter also. He stated that Clark County had all the services.

Please note for the record that Commissioner Myers came across the microphonewith a lot of static through the speaker phone.

Commissioner Myers felt that they could not do more until Monday. He inquiredwhat the benefit would be at a .015 tax. He stated they had to realize that most homeswere not assessed at $100,0000. He recommended that they increase the tax by .015because they had already cut about one million dollars off of the budget for the FY2003/2004. Commissioner Nannini noted that Commissioner Myers suggested theyincrease the tax by .015 due to the cuts they already made in the approximate amount ofa million dollars, and apply that .015 tax to the indigent and whatever else. CommissionerEllison noted that Cash Minor was looking for an action item upon a potential tax increase.Cash Minor stated the Board had already approved, in the tentative budget the 2 cents forthe medical indigent, etc. He stated that the first item was to address any changes theywished to make. Commissioner Myers agreed that they had taken prior action.Commissioner Ellison noted it was for the tentative budget and they wanted to see whatthe final numbers would be. Debbie Armuth noted column 2 was reflected in the tentativebudget and if they wished to change that in any shape and form then she needed to know.

Commissioner Eklund-Brown inquired about the Jail Special Revenue increase andnoted the different amounts between columns 2 and 3. Debbie Armuth stated that shewould check upon that amount. Commissioner Russell stated he was looking at hisconstituents in District V in Spring Creek and one member of the family had lost his job.They have a home that possibly they cannot sell. He stated even though those amountslooked small, they were significant to people. He felt they should go back and look at theoperating budget. He felt that an increase in taxes to people in that type of situation wasan insult to them. He would not support an increase in taxes over last year taxes.Commissioner Eklund-Brown believed they were only looking at approximately $5.00 peryear on a $100,000 home and did not think that was unreasonable. Commissioner Ellisonnoted if that home was in the City, they would have another 10 cents from the City andpossibly another 15 cents coming from the Governor. He stated that did not include thetax increase from last year. Cash Minor stated the State did not raise it last year but theCity had. Commissioner Nannini stated the State had not raised the taxes presently. Hebelieved they were at the bare minimum at which they could function presently.Commissioner Ellison stated he had a problem with paying for China Springs when theydid not utilize those services. Commissioner Nannini stated they fought it for five years.He stated that their proposal was to utilize that assessment money for the Elko facility andthey would address their juveniles here but there was an Agreement made that the Countywould pay for their share. Commissioner Nannini stated that if the County share waslowered or eliminated then their share would be passed on to the remaining shareholders.He stressed that the costs were passed on to the other share holders. CommissionerEllison noted they were dealing with layers of bureaucracy because they already had a


juvenile center that cost the county taxpayers. Commissioner Nannini inquired where theywould send the kids. He stated they would have to send them to Reno or Las Vegas andstill pay for it. Commissioner Ellison noted they had controlled them here for years throughthe Elko juvenile facility but now they have an additional assessment for China Springs.

Youth Services Assessment:Commissioner Ellison noted they had reviewed Tax Rates for the Youth Services

Assessment (China Springs / Aurora Pines Juvenile Detention Facilities) within theirprevious discussion.

Tentative Budget Tax Rates:Commissioner Ellison noted they had reviewed Tentative Budget Tax Rates and

suggested they take a vote on the tax rate. Robert Stokes felt that they should refer thisconversation on the juvenile detention facility to Monday night so a member of the juvenilefacility could answer their questions. Commissioner Ellison felt that the issue was whetherto raise the taxes.

MOTION: Commissioner Myers moved that looking at the tentative budgetfor FY 2003/2004 they take the tax rate to .0157. CommissionerNannini seconded the motion.

Commissioner Eklund-Brown inquired about the hospital care to indigents in theamount of $138,000.00, if that was the .015 for a waiver for one year, and what wouldhappen next year. Cash Minor stated after this year that .015 rate would go back to thefund at the State level. Commissioner Eklund-Brown inquired how they wouldaccommodate that tax increase. Cash Minor stated it would not be a tax increase becausethey were just moving it to their operating funds this year. Next year it would go back tothe State. Commissioner Eklund-Brown inquired if they were presently addressing thetentative budget in column 3. Commissioner Ellison noted the motion was for the tentativebudget in column 2.

Commissioner Russell acknowledged Jerilyn Underwood’s statements and felt itshould have come from the operating funds.

Commissioners Myers, Nannini and Eklund-Brown voted aye.Commissioners Russell and Ellison opposed. The motion waspassed by a 3-2 majority vote.

Northeastern Nevada Museum:Cash Minor reviewed the request by the Northeastern Nevada Museum to review the

current County tax funding mechanism and presentation of proposed changes by theMuseum Board and all other matters related thereto.

Thomas Gallagher stated he originally came to speak to them about their escalatingoperational costs and maintenance but decided to put that aside. He thanked them for thesupport in the past and the donation following the last meeting. However, they still needsome help on the ad valorem. He stated last time they had asked for 1 cent but noted theCounty had more problems and would like to re-plead his request at one-half (½) a cent.Commissioner Ellison noted that they could set that on the ballot for an upcoming election.Thomas Gallagher stated that it did not have to be on the ballot because this was at the


MAY 8, 2003PAGE 15

option of the Commissioners up to 5 cents and would not have to be a ballot question.Commissioner Nannini clarified they were asking for ½ cent.

MOTION: Commissioner Nannini moved to give them one-half (½) of a cent.The motion died due to lack of a second.

Commissioner Ellison noted the motion died to lack of second. He stated that thethings were so bad everywhere. Commissioner Eklund-Brown felt that the City should stepup to the plate. She noted that the City had not provided them with anything yet. ThomasGallagher stated that Linda Ritter would give her recommendation before she leaves.Commissioner Eklund-Brown noted that there was an increase on their tentative FY2002/03 but she assumed the assessed value had decreased because of the decrease inthe amount. Debbie Armuth stated that was correct. Commissioner Eklund-Brown inquiredwhy the other rates were adjusted above that. Debbie Armuth replied that was theiroperating rates and they fluctuated based upon what their appropriations were. CashMinor stated that based upon the appropriations they allocate the revenues to those fundsso they fluctuated depending upon their approval of the expenditures. Debbie Armuthnoted they may appropriate additional funding in say the juvenile department so that mayrequire more revenue and they allocate that rate based upon that fluctuation.Commissioner Eklund-Brown noted that based upon the revenues that come in they maybe able to help them next year and noted that the $15,000 this year came from therecreational fund. Thomas Gallagher did not feel it should come from the recreational fund.He clarified they were asking for an increase in their portion of the ad valorem and it couldbe raised up to five cents. Cash Minor stated the statute allows the Board to increase thead valorem up to five (5) cents for museums. He stated they were at 2 cents currently,excluding the net proceeds. Commissioner Nannini inquired if that was voted in by thepeople. Cash Minor stated it was put in place by the Legislature. Commissioner Russellstated that if there was additional funding through the recreational fund then he wouldsupport an increase for them. Thomas Gallagher inquired if it was fair to move in on therecreational fund when they had the latitude to raise the ad valorem. CommissionerEklund-Brown felt most of the Board members were against raising taxes.

Chairman Ellison called a recess at 10:20 a.m., and reconvened the budgetmeeting at 10:34 a.m.

BUDGET REQUESTS IN EXCESS OF BASE BUDGET:Carol Madsen reviewed the budget request by the Library Board and submitted

written support documents inclusive of the library survey. She noted the number ofchildren that attended the youth programs not only in Elko, but also Wells, Jackpot, andCarlin. She commented upon the number of users in the library and the amount of peoplethat come in to utilize the internet service that could not afford a computer. Carol Madsenreviewed the Gates Program to aid with the installation of more computers on the system.She reported that the Library also maintained a web page. She stated the document alsoincluded budget notes. Carol Madsen stated in 2002 both revenues and expenditures weredown significantly. She noted that they were given money from the Board last year to


remain open on the Saturdays. Commissioner Ellison inquired what their request was.Carol Madsen stated she was just submitting written documentation at this time. Shestated they had over 100,000 items available to the public. She stated the County returnon their investment was $1.77 per year to each residence. She noted they had received$94,651 in donations. She reported that their eligibility for grant funds depended on theamount of expenditures upon books and upon the staff on board. She stated the Libraryhad performed a survey and 86.63% who responded were of voting age. She reported that74.9% of those people who responded stated they would pay more for library services.Commissioner Eklund-Brown inquired how many responded. Carol Madsen stated thatwere the people that walked into the door. Commissioner Ellison noted it was statedearlier there were 145 people who responded. Carol Madsen stated that number was forthe local library but the survey was passed out at the other branches and by thebookmobile. Carol Madsen stated that they considered those to be captive responsesbecause they were users of the library system. Commissioner Russell inquired if that wasonly within Elko County. Carol Madsen stated that there were two stops outside of ElkoCounty.

David Ellefsen stated that they had looked at their base budget and proposed a slightincrease in the operating budget #103. He reported that they were asking for an increasein the Extension Services Librarian salary in the amount of $2,311.49. He believed theBoard realized that during last year summer they were closed on Saturdays so they wereasking for an increase ($1,954.29) to extend the hours for Saturdays during the summer.He stated that on their written request was an increase for the Director. However, thatincrease had been addressed and would not be part of their request today. Carol Madsenstated the Library Board presumed that the 3% for non represented officials would includethe library director. Debbie Armuth stated it did include the Library Director.

Commissioner Ellison clarified they were asking for a total of a $5,000 increase. Carol Madsen stated they would meet with Cash Minor and review the adjustment.

Commissioner Nannini noted that they had adjusted their budget and if they vote toapprove the $5,000 they may not be where they want to be. He suggested that they reviewtheir budget with Cash Minor and Debbie Armuth.

PERSONAL PROPERTY TAX SYSTEM:Cash Minor requested they table the possible approval of prospective changes to the

personal property tax system and potential fiscal implications to Elko County.Cash Minor requested that they return to review Capital Outlay and address the letter

they received from District Court II.Debbie Armuth noted the funding for capital outlay would be through the capital

projects funds and not the general fund. Debbie Armuth reported they already had theSheriff’s vehicles budgeted so the total allocation from capital projects would be$141,030.00. She stated the recommendation was to approve the file stamp machine andoffice chair for the Clerk; the installation of air conditioning for the Recorder; the lap top forthe Treasurer, and $15,000 for data processing to purchase PCs throughout the year when


MAY 8, 2003PAGE 17

the PCs break down or need replaced. She stated there was the Sheriff’s vehicles and anadditional $20,000 for the equipment that went inside those vehicles. She reported that thecommand vehicle for the NE Area Fire District would be $35,000 and $20,000 for landacquisition for the Ten Mile fire station. There was $8,000.00 budgeted for the residing ofthe Ruby Valley and Clover Valley fire stations. Debbie Armuth reported there wasbudgeted $300 for the file cabinets in District Court II. She stated that District Court II totalrequests were for $7,500 but the recommendation was $5,000 so she tried to apply that$5,000 to their four requests. She stated there was $25,000 allocated to Public Health forthe replacement of the blazer for that office. She stated there was a discussion on thesevehicles whether to do a three (3) year lease purchase and maybe move some of thesevehicles around. Commissioner Nannini stated in that discussion they had talked aboutacquiring 3 or 4 vehicles to spread about in a motor pool. Debbie Armuth stated they hadtalked about taking some of the Sheriff’s vehicles to juvenile, replace the Nurse’s vehiclewith an existing vehicle and purchase three or four new vehicles through a lease purpose.Commissioner Russell felt a vehicle lease purchase plan was more practical. DebbieArmuth stated it would reduce the debit in the ad valorem capital project’s fund. Shestated that if they would do 3 or 4 vehicles a year they were probably looking at $10,000.00to $20,000.00 for their initial operation and two consecutive years after that dependingupon the cost of the vehicles. Commissioner Ellison noted $141,030 was their total capitaloutlay and inquired where they would get the funding for this amount. Debbie Armuthstated that would come from the capital project’s fund. Commissioner Ellison inquired whatamount was in that fund and Debbie Armuth replied approximately $300,000 in the capitalprojects fund. She stated there were some projects already appropriated such as a roofand planned projects. Commissioner Eklund-Brown suggested they review that capitalproject fund. Commissioner Russell felt under the lease purchase they could acquire avehicle for the nurse and one for the juvenile probation. Commissioner Eklund-Browninquired about the Assessor’s vehicles. Debbie Armuth stated that they may include thosevehicles with the Sheriff’s vehicles to get a better purchase price. Commissioner Nanninisuggested they talk to Debbie Armuth and Cash Minor about this plan. He noted that theTopaz may be given to the nurses. He stated then maybe they could lease/purchase 3 or4 other vehicles. Commissioner Russell noted that the whole fleet was falling apart.Commissioner Nannini noted that Juvenile had a vehicle with 180,000 miles on it. GaryWoodbury stated he had two old vehicles. Commissioner Russell requested a proposalbe submitted on Monday.

BUDGET MEETING SCHEDULE:Cash Minor reported there would be a Public Hearing on the Final Budget on May

19, 2003, at 4:00 p.m. in Room 105, and this meeting would be recessed until Monday,May 12th at 6:30 p.m.

Commissioner Nannini noted that Elko County did not have debt and that othercounties did have debt. Cash Minor noted they had very limited debt but the Boards hadhistorically taken action to save money and pay cash such as on the jail expansion so over


the years the County had never gotten into a debt situation. Chairman Ellison called a recess of the budget session to Monday at 6:30 p.m.,

on May 12, 2003.

Chairman Ellison called the meeting back to order at 1:32 P.M. for the regularsession:

It was noted for the record that Commissioner Myers was physically present.

NEVADA DIVISION OF FORESTRY:Tom Turk gave a brief report on his experiences as a disaster relief worker at the

New York Twin Towers site immediately after the 9-11-2001 terrorist attack.He noted that with the latest events in Operation Iraqi Freedom there was a phrase

being utilized to commemorate our troops and their efforts “America’s Bravest.” He statedthat if they recalled after 911 the Fire Service itself was also referred to as “America’sBravest.” He stated that he could not think of no finer tribute than to be associated withthat terminology and be involved with this career. He felt it was one of the finest acuatethat could be paid as recognition. He noted he had given other presentations throughoutthe community with regards to this event. He stated most of the comments he receivedwere with regards to the extent of the damage within the sixteen-acre area. Tom Turkstated there was total decimation within that area. He noted there were no wood productsleft and everything was pulverized. He stated that there were a lot of victims still to beidentified from that event at the trade center. He noted their names were unrecoverable.He commented upon the friendships and acquaintances made and noted that several ofthem stay in touch from the acquaintances they made at that time. He stated that therewas a memorial scheduled last October in Washington, D.C. and noted that a lot of thestaff was put back together to aid with the memorial event activities. He commented uponthe law enforcement and security issues that had to be undertaken. He stated they wereassembled to support the ceremonial unit for the New York Fire Department. Tom Turkstated that the NY Fire Department had a 13,000 fire staff which was decimated due to thenumerous funeral services being performed. He stated that on an average the fire fighterswere attending ten funerals per day and law enforcement officials had also suffered heavylosses. Tom Turk stated if was an honor to represent the residents of Elko County, theState of Nevada and the Governor. He stated that he had made valuable acquaintancesback East. He noted that it took team work and they had completed their plans on theTrade Center two months ahead of schedule. He commented that there where airplaneparts found six and seven blocks away. Tom Turk noted that the press could not focuslong on one scene but rather panned the area because they were afraid of what they mightsee if they stopped and isolated on any one segment of the area. He noted that at thattime there was so much uncovered remains at that time. Tom Turk stated that he wasproud to represent the County and State back East. Commissioner Ellison requested thatTom bring his pictures some day.

Commissioner Nannini noted that in watching the satellite he inquired if the federal


MAY 8, 2003PAGE 19

government had not stepped up to the plate for funding. He noted that they were layingoff a lot of police officers, fire fighters and closing down those stations. Tom Turk noted alot of what was happening here was happening back East. He stated that New York wastourist driven and they were in financial and rough times since 911. Tom Turk statedsupposedly there were more funds to be allocated to that matter. Tom Turk stated that thepayment for the recovery staff involved in that clean up process had created financialhardships. He stated financial hardships in New York was due to a declining economy.He noted that there were military flights over the City daily mostly because of the OperationIraqi Freedom action and they felt there may be retaliation. He stated that they were stillfeeling the effects of 911 in New York. Commissioner Ellison noted there were anti-aircraftweapons stationed around the Pentagon. Tom Turk commented about the limited accessto the White House.

Highway Board Chairman Myers called the Board of County HighwayCommissioners to order at 1:41 p.m. and adjourned the highway board at 1:58 p.m.

SORENSEN RANCH - SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT(SNPLMA) - FUTURE SNPLMA APPLICATION:

Von Sorensen gave a presentation regarding a future SNPLMA application in theSecret Valley area from the Sorensen Ranch to the Federal Government. He stated theland they were discussing was in Secret Valley and they had submitted a copy of the mapto the Board. He noted ½ section of 27 in the Johnson Creek Canyon on the RubyMountain side was included. There was also ½ of a section in Murphy’s Creek the E1/2of Section 25 but the remaining property was in Secret Valley. He stated this land wasformally railroad land, in a checkerboard pattern on the west side of the Ruby Mountains.He stated that the predecessors had acquired the checkerboard land in previous years.He noted several years ago they performed a land exchange with the BLM to block up theland so they could utilize it better for their operation. He stated that they used to run sheepon this land for a number of years and it was better suited for sheep due to the type offorage on the higher mountain country. He stated in 1981 they discontinued sheep due toeconomic labor pressures and predators. He noted they grazed cattle on it since 1981 andthere was little feed. He stated that they were looking at better options to utilize the land.He stated one option was the sale of all of this land or a portion through the SNPLMA. Theother option was marketing this land for development. He stated they desired the use ofthis land to be the greatest value for our family members as well as for the citizens of ElkoCounty and they sought the Board’s input on how to best accomplish this goal. VonSorensen noted they would retain the meadow land and pasture land lower in the valleyfor their ranching operations. He noted that he and his wife, Marianne would leave thecountry for a couple of years to serve a humanitarian mission in South America. VonSorensen stated their son, David, would manage the property.

Dave Sorensen stated he was born and raised in Elko County. He stated his fatherhad asked him to continue this effort. He stated they started this effort eight years ago.Their desire was to do something different with this property. He noted that his family had


put the property together to better their operations. However, this property no longerbenefitted their operations and family members had moved away. Dave Sorensen notedthose changes had facilitated this request. He believed from his personal prospective hedid not know what options they would proceed with. He spent many summers on themountain and had fond memories of that area. He stated those options were beingconsidered. He noted that each option had some benefit and yet each had a downside aswell. He stated the downfall with development would be it would alter the nature beautyof the terrain and bring more traffic to that area. He stated their other option to allow thefederal government to acquire it had other ramifications. He stated they had not thoroughlydecided how to proceed on this. They were seeking the Board’s comments as to how theycould be good neighbors and responsible citizens in pursuing these actions.Commissioner Ellison stated Assemblyman John Carpenter was looking at a bill andCongressman Jim Gibbons was looking at some changes. He would like to see the Boardtake no action on any SNPLMA matters until they see what the legislature would be.

Commissioner Russell noted he had submitted a letter to Chairman Ellison thismorning. He read his letter into the record: “Dear Chairman Ellison, I would request thatany action or communication relative to the motion which passed by a majority on May 7,2003, at the County Commission meeting relative to the Clover Valley land acquisition bedelayed until our District Attorney determines whether that was a legal action by the Boardof Commissioners. Also, in this context the legality of a similar motion referencing the ILRanch sale should be reviewed. Specific Reference: County Code: County of Elko,Nevada, Volume II Elko County Federal Land Use Plan Title 12, Chapters 3-11: paragraph5. “In the event the Federal government acquires land or water rights other thanthrough exchange in Elko County, the Federal government should dispose of anequal value or amount of land or water rights to foster private property ownershipin Elko County.” (Ordinance 1993-j, effective 9-16-93).

Commissioner Russell stated he would not continue on with the letter but this refersto all of the purchases. He would also like to note that three of the commissioners thatsigned that Ordinance were present at the meeting here today: Mr. Dale Porter, Mrs.Roberta Skelton and Mr. Mike Nannini. He recommended until the District Attorney hadrevealed to them whether this was a legal action that they do not recommend orrecommend any parcels submitted for the SNPLMA.

Commissioner Eklund-Brown noted the Board could overrule any county code andoften do daily in their meetings. Commissioner Russell stated that the ordinance wouldhave to be rescinded. Commissioner Ellison stated he did not know about the Ordinance.He had asked Kristin McQueary to review a letter received from Richard Matthews. Henoted that this was a non action item. Commissioner Eklund-Brown felt that they could goforward without implicating themselves either way with the Ordinance or Richard Matthewsletter. Commissioner Nannini felt that this County was being pulled apart and knew thisCommission was being pulled apart. He did not see the law changing. He noted that thelaw worked for Southern Nevada and was not to apply to us but it did through a loop hole.Commissioner Nannini cautioned them that the money was being gathered on a daily


MAY 8, 2003PAGE 21

basis. He noted Senator Ensign and Senator Reid was working upon a purchase in theRed Rock area which would take 100 million dollars away but they were looking at 500 to600 million dollars for purchases. He noted that they were able to use some of the moneyfor parks and recreation. However, the money kept growing. Commissioner Nannini feltthey needed a blanket policy and their input did not weigh in on this scenario. He statedthat the working group only allowed them to weigh in at a 10% input. He stated the workinggroup made their recommendations to the main group who was comprised of the U.S. Fish& Wildlife, Forest Service, Bureau of Land Management, and another member. He statedthose four people makes these final decisions and Elko County has zero input.Commissioner Ellison felt that they weigh very heavy upon the decisions of the CountyCommission. Commissioner Nannini stated that did not read that way. He stated with theworking group the County had 10 points but then the final group that made the finaldecision the County Commission input was zero. He felt that they should come up with ablanket policy or Resolution to indicate that there was not a lot of interest to increasefederal lands within Elko County. He stated would like to add in that they do believe inproperty rights of the people and that they have the right to sell their land. CommissionerNannini stated that it they added in what Commissioner Eklund-Brown had suggestedwithin the IL Ranch application that they request they address the taxes, ranching, mining,access and water. He felt that should set a tone on how the Commission felt.Commissioner Nannini felt that was the best they could do with that. Commissioner Ellisonstated he did not agree. Commissioner Russell noted they had a previous Ordinance thatset the tone or direction. He believed that if they wished to go another way he felt it shouldbe appropriate to change the Ordinance. He stated that if Commissioner Nannini felt thatthe ordinance he passed in 1993 was wrong then they should change the Ordinance. Hestated the Ordinance was still the law of the County. He stated that there was a processto change the Ordinance. He felt that if they did otherwise then they would openthemselves up to litigation. Gary Woodbury stated he was in no position to speak aboutit at this time. He noted that there was an Ordinance but the Commission had actedotherwise. He did not know if they had done anything illegal at this point. He stated thatthe Ordinance should reflect the point of view of the Commission. He did not know if theOrdinance was advisory or a statement of policy. He urged them to keep up with theOrdinances. Commissioner Ellison felt that if there was an Ordinance then it was up to theadministration to keep the Board informed. Commissioner Eklund-Brown felt there werea lot of outdated documents. Commissioner Ellison noted they were still law until theychanged them. Gary Woodbury noted that they began a process several years ago toreview all the Ordinances.

Grant Gerber believed that they would continue to get inundated. He had heardrumors of several other big ranchers that was considering submitting applications.Commissioner Nannini noted that he had heard about Sorensen, Bracket, andOROVACA’s application. Grant Gerber noted what the County had gone through severalyears ago when they lost 65,000 acres of the Big Springs Ranch. He noted the Countyalso lost thousands of acres, the Hawks Ranch in the O’neil Basin, the Rafter Diamond in


Deeth, Lamoille Canyon, Howard Ranch in the Bruneau, a small ranch in Ruby Valley. Henoted they now lost 35,000 on the IL Ranch, and there would be thousands of acres lostin Clover Valley, OROVACA and the Sorensen Ranch. He believed there were tenranches involved. Grant Gerber stated over the last few weeks they had heard severalpresentations by Colleen Hemingway Bacon, attorney and lobbyist for the Trust for PublicLands. He stated in this town when an attorney told him something he believed it was true.He noted that when Commissioner Myers called the attorney for the developer to get someanswers he expected it to be true. Grant Gerber stated he started looking at this last nightand he had donated his time to this project. He stated he was not being paid like ColleenHemingway Bacon or like the Attorney for the Marriott Corporation. Commissioner Eklund-Brown inquired about payment by the Howard Ranch. Grant Gerber replied he was notpaid on the Howard Ranch. He felt there were rumors that were floating around that werelies. He stated he was not anti-government and had served a term in Vietnam. Hebelieved that they were lied to. He believed that some of the information whichCommissioner Myers based his decision upon was a lie. Grant Gerber stated he hadspoken to Jerry Reynolds this morning and there had been no map filed. He stated theywere performing their initial looking. He stated it appeared that the Elko County PlanningCommission had no request for a map or any other action on that property. He knew therewas no map filed. Grant Gerber noted that Commissioner Myers stated yesterday that theAttorney for the developer was going to immediately the next day power up the bulldozersand begin. He stated that was obviously a lie. He stated after they had researched it someof the information received from the Forest Service was not true. He stated they werecommitted to stopping these sales of private lands to the federal government. GrantGerber believed the people of Elko County were dramatically and powerfully committed tostop these sales. He stated that they would do their best to see that occurs. He inquiredif they had questions about what they had found out. He stated that if he was new on theBoard and had received that kind of information from an Attorney for the Trust of PublicLands he would have expected the information to be true. He stated he would haveexpected the information from the developer’s attorney to be true. He noted thatinformation appeared to be false. He stated there was no map recorded. He stated theycould not begin the bulldozers the next day without a map. Commissioner Nannini felt thatthis whole conversation was not fair. He stated they did not have the other folks here todefend themselves. He believed that Grant Gerber should have brought this up yesterday.Grant Gerber stated they did not know this information until today. Commissioner Nanninibelieved they should table this until the other folks could attend. Commissioner Nannininoted that Grant Gerber always brought it up after the fact. He felt that they should be ableto defend themselves. Grant Gerber encouraged them to bring them back. CommissionerNannini did not believe they wanted to bring back all the people from Clover Valley torehash this. He felt they should move on to the Sorensen family issue. Grant Gerberinquired if Commissioner Myers was affected by the call he had made to the developer’sattorney. Commissioner Myers noted he did not make the call to them but rather theycalled him. Commissioner Ellison stated that he had also received a call from the


MAY 8, 2003PAGE 23

developer’s attorney who stated that they planned on going forward. He did not believethat they would go forward. Commissioner Myers noted that Grant Gerber started hisconversation off stating he agreed with Commissioner Nannini. Commissioner Myersinquired to what that statement was based on. Grant Gerber stated he agreed withCommissioner Nannini that they would see many, many more ranchers before them in thefuture. He stated he absolutely disagreed with Commissioner Nannini, in that he felt thefederal government should be prevented from buying these. Grant Gerber noted thatCommissioner Nannini believed that anyone that wished to sell to the federal governmentthen this Commission should not attempt to slow them up. He noted that there wasanother rumor that all the Commissioners had had pressure on them because all thepeople that wanted to sell were saying they would be sued if they did not go along with thesale. He did not know if that rumor was true but if he was sitting up there, it would concernhim. He stated if that was something that they had been told, anybody could sue but theycould not win on that. He stated that they had the right on this board to vote upon an issuewithout any fear. Commissioner Myers stated he had not personally been told that. He didtake some stock in Richard Matthews’ letter they had received yesterday but believed thatKristin McQueary would get them a ruling on that. He noted that he had a conversationwith him about if they deny someone from selling their private property was that a “takings.”He noted his reply was absolutely not. However, Richard Matthews’ letter did not agreewith their discussion. Grant Gerber felt that they should get a ruling on that. He stated hewould represent the County for free against a landowner that sued them on that one.Commissioner Myers believed that all the Board members agreed with Grant Gerber in therespect that none of them want to see the federal land own any more land in Elko Countybecause the more land they own the smaller the tax base gets in the County. He did notbelieve that he had the authority to tell somebody that they could not sell their property. He noted that in their previous conversation he believed they were telling the federalgovernment no. He did not know if that would be viewed that way in a court of law.Commissioner Nannini felt that the survey they put out should have had the question onthere. He believed that people felt they had the right to sell their property. He stated thatthe Sorensen family who had worked that land for years should have the right to sell thatproperty. His point was, Is it the Commission’s job to say yea or nay on this or was itthrough the legal process? He stated that there was a legal process in place for them tosell their property. He believed the Board could make their recommendations but believedthat the people had the right to sell their property. Commissioner Nannini noted that at theend of the day the final decision was by a State official and the feds and they made thatfinal decision. He felt that if Senator Ensign and Senator Reid had influence with thatboard then they need to speak with those folks to change it on a County level. He notedthat the Commission was getting blasted on this issue and it was pulling this Board apart.Commissioner Nannini noted even Helen Hankins had to agree there should be no morefederal land. However, if you had asked the same question on private property rights,everyone would have answered the same. He stressed that the people had the right to selltheir property. He stated they had the right to sell that land especially if they had worked


for fifty years to get that land. He noted that there were a lot of people that did not like it.Commissioner Ellison felt that the law was misconstrued and they were asking forclarification in Carson City. Commissioner Nannini noted that there was a legal law thatwas in place now. Commissioner Ellison stated that law was misinterpreted and statedenvironmentally sensitive. Commissioner Eklund-Brown noted that was the definition forabout everything. Commissioner Ellison noted they had gotten off the track from theagenda item. Commissioner Myers inquired of the District Attorney if they had anordinance in place that gave direction to the County in reference to no net loss or not takingany action unless the Forest Service of the BLM was willing to release any additionalproperty, did the SNPLMA supersede that Ordinance or did the Ordinance supersede theSNPLMA Act. Gary Woodbury did not believe that the two acts should be read together.He stated that the SNPLMA and the United State Government has a process wherein theyask the question of the Commission whether it was for or against. As to the question to theCounty Commission, he did not think they had to answer the question. Gary Woodburystated it was not possible by law for the federal government to direct you to answer thisquestion. He stated they were not capable of forcing the County Commission to take thataction. He stated secondly this goes back to what he said originally about the ordinance.He had not looked at that Ordinance and the Ordinance could be directory, advisory orone-half a dozen of other things. Commissioner Ellison felt that they should table this untilthe next agenda to allow for the District Attorney to review the Ordinance and then theymay know what Carson City was going to do. Commissioner Nannini noted they werecaught up in a lot of land issues at that time back in 1993. He stated one of the things thatthey were involved with at the time was land trading. He stated the federal governmentwas forcing the mines to buy up ranches such as Hawks Ranch to trade with the federalgovernment. He believed that the Sorensen’s property and Mr. Jones land was beingconsidered to trade. Commissioner Nannini stated that they were trying to keep the landtrades on an equal basis so there was no net loss. He stated it was somewhatcumbersome and they were told that that was the way these lands had to be traded. Henoted that this act was a whole different program. Commissioner Russell stated that inreading County Code 12-3-11, that code gave some sort of a direction: “The Elko CountyCommission formally requested that all State and Federal agencies notify the Elko CountyCommission of any planned action that might adversely affect the economic or recreationaluses on federal or state land by the citizens of the county.” Commissioner Russell notedthat the context of this whole section was adverse economic impacts. He noted that thecontext was if there maybe an economic impact. He noted that the letter he read did nothave to do with asking for an economic statement by the public agency who was going toacquire the land. He stated that if there was a question whether it would economicallyimpact the County then the Commission did have permission through their chairman torequest an economic impact statement of the federal agency. Commissioner Nanninibelieved that they had received an economic report from Helen Hankins at the hearing asto the benefit to public lands. Commissioner Russell did not believe it was an economicstudy. Grant Gerber stated that last week he had received a phone call from Senator


MAY 8, 2003PAGE 25

Ensign. He noted that Senator Ensign had told him that whichever this Board went waswhich way the lands would go. Therefore, their conclusion was the vote of this Boardwould determine how these lands go. Grant Gerber noted that Commissioner Nanninicontinued to state that they should be able to sell their land to whomever they want. GrantGerber stated he believed that to be true but this board was a government board. Hestated that this Board represented them and represented them to the federal government.He believed that this Board should tell the federal government what was good for thecounty and what the people of this county want was, “don’t buy any land in this County.”Commissioner Eklund-Brown felt Grant Gerber should address it at the federal levelthrough congressional action. Grant Gerber stated that in his mind that was a cop out forthe Commission to say that. He stated it was their duty to represent them, they electedthem to represent them and they would like them to do so. Commissioner Nannini felt thatit was everyone’s fault for letting it go through back in 1998. He questioned why they letit go through like it did because there were too many loop holes. He noted that they hadRoyce Hackworth and representatives there. Grant Gerber noted several of them opposedit. He noted that last Summer he came before the Board and talked to them individuallyabout this. He noted that out of his own pocket he put the money down on the piece ofproperty in Jarbidge that was coming under the SNPLMA before the Forest Service couldget that property. He commented that the Forest Service had came to this board and thisboard had approved the purchase of that property by the Forest Service. Grant Gerberstated that they were committed to stop these acquisitions. He stated that they believe itwas bad for the county and felt they should readdress it especially since they believed theCommissioners were lied to.

Commission Ellison inquired if they want to table or set this for hearing. VonSorensen stated they were not asking for a hearing at the present time. He stated itdepended upon their final family decision. He stated they had not decided whether tomarket it for development or sell part under the SNPLMA. Commissioner Ellison statedthey could be placed upon another agenda. Commissioner Nannini inquired whether hefelt he could sell his property to whomever he wanted and Mr. Sorensen replied yes.

Dan Dallas stated based on some of the testimony today he would like to go onrecord and tell them his interest was to provide this Board with the information from theagency that he represents that this Board requests. Dan Dallas noted that Grant Gerberstated he believed that the Forest Service provided information that was not true. Heseemed to imply that they purposely lied. He assured to them that no misleadinginformation was provided to you on purpose but he could not guarantee the information thatwas provided by the State. Dan Dallas stated that if he could be made aware of whatinformation Mr. Gerber was concerned with then his commitment to the Board was tocorrect it on the record for you. Commissioner Ellison noted that he found Dan Dallas tobe very honest with high integrity and did not believe that was the question. Grant Gerberattempted to make it very clear the difference between what they had received from theTrust of Public Lands and with the Marriott Corporation, and that information was presentedmany times, and the records reflected that that information was not true. He stated that it


appeared to him that there was some things that were told to them by the federal agencies,both the Forest Service and BLM, that he did not believe was correct. He believed that oneof those items was what happens to land that the Forest Service purchases that was nextto other Forest Service land. He noted that the question was asked what the status of thatland would be and if it would be wilderness, managed by wilderness. Grant Gerber notedthey were told by Dan Dallas that they did not know. He stated they were performingresearch and it appeared from that research just since yesterday that the Forest Servicewas mandated to manage the land that they purchased exactly as that land that wascontiguous. Grant Gerber stated that if that was the case all of this land that they werepurchasing was contiguous to wilderness so if that was the case it would be managed aswilderness. He noted through their research the land was contiguous all the way throughand a portion of it did touch wilderness. He believed that the information that they receivedyesterday was incorrect. Commissioner Nannini noted Grant Gerber was better educatedthan him but he felt they should bring in the attorneys of these land use groups and debatethese issues. Grant Gerber stated he would love that and encouraged that. CommissionerNannini felt by doing that then the commission would have a better understanding of thisissue. He would like to know if they had the legal right to sell their property and go throughthis process. He felt that this was a law in effect. He suggested that Grant Gerber shouldbring in his attorneys and have the other side bring in their attorneys so the Board couldlisten to that. Grant Gerber stated he would not schedule it but he would be happy to beon a panel. He felt that the people from the Pacific Legal Foundation would like to bepresent. He felt that the Board should ask the next question that this never asks, “Doesthis Board have the legal right to oppose the federal government from purchasing moreland in Elko County.” Grant Gerber stated he would like to see that question asked. Hesuggested they set it up with the attorneys from the IL Ranch and the attorneys for theTrust for Public Land. Commissioner Nannini suggested that they bring in Senators Ensignand Reid because he was tired of seeing this Board pulled apart. Grant Gerber requestedthat Gary Woodbury be the monitor.

SHERIFF'S DEPARTMENT:Sheriff Harris submitted the Jail operations report and statistical populations at 93

in custody. He noted that Commissioner Nannini had visited the facility for a short tour.Commissioner Russell stated that he was familiar with the Undersheriff’s Office.Commissioner Eklund-Brown inquired about the dumping upon Mary’s Creek and whatthey could do for enforcement on the illegal dumping. Sheriff Harris stated that the City ofCarlin would address that. Commissioner Eklund-Brown noted it was occurring on BLMland. Sheriff Harris noted there had been illegal dumping at that location and on North FifthStreet over a long period of time. He stated that any time they could identify the owner ofthe garbage they could issue a citation for littering and Gary Woodbury would take actionon that. He stated large items such as couches and refrigerators were almost impossibleto identify the ownership of those large items. Commissioner Ellison stated a man haddumped two couches and three refrigerators on Lower Lamoille Road. He noted the


MAY 8, 2003PAGE 27

person illegally dumping was identified and the individual picked up those items. Chairman Ellison called a recess at 2:56 p.m. and reconvened the meeting at

3:10 p.m. Commissioner Ellison called the Jarbidge Town Board to order at 3:11 p.m.

and reconvened the regular meeting to order at 3:17 p.m.

ELKO COUNTY CLERK’S OFFICE: Mound Valley rural precinct:Win Smith reported to the Commission regarding the change of the Mound Valley

area from a mailing precinct to a rural precinct as required by NRS 293.213. She notedthat if you have over 200 voters you qualify for a rural precinct and currently there were 286people so it had to be a rural voting precinct. Robert Stokes noted they had received aletter of support from Mike Riordan, a Mound Valley resident.

“On Call” Marriage License Clerk Services:The Board considered the Elko Chamber of Commerce request for “On Call”

marriage license clerk services. The Hearts of the West Wedding Association was willingto pay for a cell phone for the “On Call” marriage license services. The Association wasutilizing the chamber in order to develop a marriage package promotion in Elko.

Elaine Barkdull, of the Elko Chamber of Commerce, and Beth Hayes, SeasonsWedding Chapel stated they had met with Win Smith regarding on call wedding licenseservices on the weekend and needed Board approval upon this matter. Elaine Barkdullnoted that she and Beth Hayes had discussed the formation of a Wedding Association toboost the economy. She noted they could no longer get the wedding licenses in Wells onthe weekends. Elaine Barkdull stated that they had discussed a wedding association withWin Smith and the Elko Chamber of Commerce would umbrella this effort. She requestedtheir permission from the Board to give the County Clerk authority to allow clerks to be onan on-call on regular basis which would require a cellular phone and additional fee for theclerk’s on-call service. Commissioner Ellison inquired if that fee would be paid to thatindividual clerk issuing the license. Win Smith stated that was correct. Elaine Barkdullstated the Wedding Association would pay all the costs of the cell phone, service andmaintenance. They would post signage on each end of town letting them know that theycould call that number for a marriage license together with the Chamber of Commercelocation. Elaine Barkdull noted during summer months the Chamber was open seven (7)days a week so they would help the people get this service. She reported that the weddingassociation was temporarily named “The Heart of the West Wedding Association.” Shenoted that there was a lot of potential and people came would come here to get marrieddue to the Ruby Mountain scenery. She reported upon the survey results from Beth Hayesupon the out of town weddings performed and the average number of people that attendedthe wedding. Elaine Barkdull reported that the Red Lion had flew in a whole wedding party.She noted people who come for weddings, fuel their car, stay overnight and eat whichwould boost the local economy. She noted Beth Hayes had spoken to the local businessesthat would be involved within this industry. Commissioner Russell inquired if this would


represent more than one wedding chapel. Elaine Barkdull noted there was only onewedding chapel in town currently but the associated businesses would become involved.Commissioner Eklund-Barkdul inquired who would be involved. Win Smith stated that theclerks would take turns. Commissioner Nannini inquired if it would involve the Justice ofthe Peace or require reimbursement by the County. Win Smith stated that currently theJustice of the Peace did perform weddings on the weekends if the license had been issuedearlier in the week but at this time she was not part of this project. Win Smith stated if theJudge had read the agenda she would be informed. Elaine Barkdull stated that the Justiceof the Peace would be on the list of the people who could perform the ceremony.

MOTION: Commissioner Nannini moved to approve the “On Call” marriagelicense clerk services. Commissioner Myers seconded themotion. The motion was passed unanimously.

ELKO COUNTY JUVENILE PROBATION DEPARTMENT:James Watson, Chief Probation Officer submitted the written Juvenile Detention and

Juvenile Probation Monthly Report. He noted fourteen juveniles were in custody presentlyat the juvenile detention facility.

Nevada Youth Parole Contract:The Board considered the approval of the biannual contract with the Nevada Youth

Parole for fiscal years 2004 and 2005. James Watson stated that last year $45,000 wastheir allocation. However, this year they had capped it at approximately $30,000.00. Hefelt that for next year the allocation would be $30,500.00. He noted they did not spend theirentire allocation but expressed concerned that the allocation seemed to dwindle each year.

MOTION: Commissioner Nannini moved to approve the biannual contractwith the Nevada Youth Parole for 2004/2005. CommissionerRussell seconded the motion. The motion was passedunanimously.

School Lunch Grant:The Board considered approval of the annual School Lunch Grant partnership with

the Department of Education.MOTION: Commissioner Nannini moved to approve the annual School

Lunch Grant Partnership with the Department of Education.Commissioner Myers seconded the motion. The motion waspassed unanimously.

Commissioner Nannini inquired if there was a State unfunded mandate that theyhad to take care of China Springs. James Watson stated that there was an unfundedmandate that they support China Springs and Aurora Pines. He stated that he wasperforming research on this issue. However, it would take legislative action to withdrawthat support. Commissioner Ellison felt that financial support should be based upon a headcount instead of a percentage. James Watson noted that since he took over as Directorto the Juvenile Department it had been over twenty-four (24) months since Elko Countyhad requested or sent a child to China Springs. James Watson noted the question was


MAY 8, 2003PAGE 29

posed why the County had to pay for this. He stated they had showed to him the statute.However, the question was what if they don’t want to and want to get out of it. His answerto that question was if he did not send kids down for treatment, then they can’t appearbefore any legislative subcommittee and say it did not work for Elko County. JamesWatson stated they were upset about two years ago when they levied another fee increaseon them at the last minute for China Springs. He noted here again they were at the samepoint with another increase of levy at the last minute. He felt that there had to be a lot ofresearch performed on this matter. James Watson stated that Judge Memeo hadrequested that he put together a program that was comprehensive and coordinated withinthe entire community for treatment on short time issues in combination with the Juvenilecourt. He felt they were almost there. He felt that what would occur in the future, if theystay on top of this, they could go back to Carson City. Then, testify on their position thatthey used that facility down there but did not on a permanent basis. He noted that WashoeCounty utilized most of the bed space at that facility. He stated that per bed Elko County’sportion was not close to Washoe County’s portion. Commissioner Ellison felt that theyshould see of the representatives could change it to a head count charge for that facility.James Watson believed that there should be a unilateral process to adjust the formula thatthe State and County pay. He stated that it was no secret in Carson City that the Countydid not want that facility. Commissioner Myers inquired if once the program wasdeveloped, what would be the difference between the Elko program and China Springs’program. James Watson replied the Elko program would be a short term outpatient andshort term inpatient. He stated the inpatient program would consist of a twenty-eight (28)day program within the detention center. He stated the Judge could order them up to 30days detention. He stated if there was continued use of alcohol or drug then they wouldput the juvenile in an in-house program for 28 days. He stated they could mandate theprogram through consent, degree or direct judicial order. James Watson stated thedifference was China Springs was a residential treatment facility. James Watson statedChina Springs treatment orientation was a semi-long term which was 4 to 6 months. TheElko program would be immediately 28 days or more. James Watson stated the outpatientcould be six (6) months in home. They hoped to put together a program with all Judgesinvolved and perform review hearings maybe once a week on a case by case basis.James Watson stated that it would be intensive for the children. He believed that theprogram here together with the community resources to operate the program wouldeliminate the need for China Springs and Aurora Pines long term programs. CommissionerEklund-Brown noted that Elko had only sent one juvenile to China Springs annually.James Watson stated that he had sent two since he was director. Commissioner Eklund-Brown inquired if Elko had their program in place was there a need for China Springs.James Watson stated that need would be drastically reduced. He noted that one of thedrawbacks to China Springs was upon the length of the program. He commented that thelocal program would afford the opportunity for the family to reunite. If they had an Elko kidin China Springs, they did not have family development. Commissioner Eklund-Brownnoted that they had discussed this instance where you take a kid out of the environment


and put him back into the same environment. Commissioner Myers inquired about thefunding for the new program. James Watson replied funding would be through Departmentof Justice and Administrative Office of the Courts for the Juvenile Courts. He believed theywould get grant funds for this program. He stated that at the beginning of the year theywould have a position opening and they would try to fill that particular position with anindividual who would be certified in drug and alcohol abuse. He stated that position wouldbe structured to facilitate that program. He noted that they had been developing the ideaand design for this program. Jim Watson stated he could develop a program at no cost tothis County and double the services in drug and alcohol abuse. Commissioner Ellisonwould like to see James Watson and Assemblyman John Carpenter together over theweekend to review the legislation on those facilities. Commissioner Nannini noted thatAssemblyman Carpenter and Senator Rhoads tried to break that contract several yearsago. He stated that 10 to 12 years that contract was formed. James Watson stated it wasa consensus among the Chief Probation Officers in this State that it was not working fortheir kids as it was structured. James Watson stated he would send kids down there to gettheir money worth.

DISTRICT ATTORNEY - CHILD SUPPORT DIVISION: The Board considered approval of a lease agreement between the Child Support

Division and Elko County.MOTION: Commissioner Russell moved to approve a lease agreement

between the Child Support Division and Elko County.Commissioner Eklund-Brown seconded the motion. The motionwas passed unanimously.

ELKO COUNTY TREASURER:Caesar E. Salicchi reported on the successful internet delinquent tax sale. This was

the first internet delinquent tax sale in the State by a County Treasurer. He stated thesesales were broken down into different groups starting from 8:00 a.m. to 11:30 a.m. Henoted back East there was a three-hour time difference. He noted that the bidders wereregistered and a deposit was made. Caesar Salicchi stated they lost their deposit if theydid not pay. He reported that only four had not paid. Commissioner Ellison was surprisedthat it did so well. Caesar Salicchi noted that by 9:30 a.m., there was only one parcel notbid on. He noted they had received numerous phone calls and they usually mailed 75 to80 packages and now they do approximately 200 packages but it was done by e-mail. Hestated that there were only four people that they had to send the packages through thepostal system. He noted that the people had to have 90 days notice to redeem theirproperty before they can sell them. Caesar Salicchi suggested that the next one would beheld in October. He noted one person had bought property for $600.00 and the next daythat person had it on the internet for $1900.00. He reported there were a lot of biddersfrom Washington, California, Idaho, Texas, Utah, and most of the people came from New


MAY 8, 2003PAGE 31

York, New Jersey and Wisconsin. Commissioner Ellison inquired how many hits peoplehad made. Caesar Salicchi replied there were over 9,000 hits on the first parcel of theproperty. He noted the questions asked from the people back East. Commissioner Ellisonnoted that one person from California came in to see their ranchette and discovered thatthey had two acres. Caesar Salicchi noted the terms were, the parcel could go to thesecond bidder. Commissioner Eklund-Brown inquired how many parcels were left andCaesar replied 2500. Commissioner Myers inquired if there was anything available aroundSouth Fork. Commissioner Eklund-Brown noted they needed a lot at South Fork for a firestation. Caesar Salicchi stated the County could take these parcels for their own use.Commissioner Eklund-Brown inquired if they had identified any of them. Caesar Salicchistated if they were going to do internet they would have to do maps on these regions. Hewould work it out with the Assessor’s office. Commissioner Eklund-Brown inquired if GISwould help. Caesar Salicchi stated that it didn’t help with this sale. Commissioner Nanninirequested him to keep a lookout for a parcel in South Fork for a fire station. CaesarSalicchi stated that there was a statute available that gave the County authority to retainland.

Joe Aguirre Assessor noted that they received a lot more phone calls and it hadcreated more work for them for mapping. He stated that the website would help that out.One of the questions asked was “which lot had the most trees upon it.” It did increase theirworkload but felt they were headed in the right direction. Commissioner Ellison noted thatconvention center had a good website and got a lot of hits. Commissioners Ellison andEklund-Brown suggested area photos.

2003 LEGISLATIVE SESSION:The Board reviewed and discussed Senate Bill 53 and Assembly Bill 23 regarding

the elected official salary bill and a statement of position from the Board of Elko CountyCommissioners. Commissioner Ellison stated Assemblyman Carpenter suggested theydiscuss this. Cash Minor noted as it currently stands AB 23 was in the Senate side andthey would hold that bill until the Assembly addressed SB 53. He stated there was ahearing scheduled next week for SB 53. He stated what was being supported was anyincrease would be spread over a 2 year period of time. Caesar Salicchi statedAssemblyman Carpenter needed support by the Board for both of these bills.Commissioner Ellison stated it should be based upon budget restraints and AssemblymanCarpenter wanted to see it spread over 2 or 3 years. Cash Minor stated they had no optionbut to put the full amount in this year’s budget. He stated that the Assembly approved thebill for the Sheriff’s and District Attorney’s salary bills. He stated that the Senate bill whensent to the Assembly side had included an amendment to include the elected officials. Hestated that this really was sitting in the hands of the Assembly of Governmental Affairs.Cash Minor stated the Assembly could propose an amendment to force a conferencebetween both houses to come to common ground. Commissioner Ellison inquired if therewould be a set amount. He stated that Assemblyman Carpenter wanted to know about theCounty’s ability to pay. Caesar Salicchi stated Jerry Reynolds had talked to Assemblyman


Carpenter but at the time Assemblyman Carpenter only wanted support to vote on that.Commissioner Myers noted he had spoken with a Douglas County Commissioner whoasked for their support and requested in that in their motion the Counties have the abilityto spread it over a year or two time period and on the County’s ability to pay. Cash Minorstated there was $206,000 budgeted which was 100% for this year. He noted thatoriginally it was budgeted for six months previously in the past budget. He stated that rightnow they were talking $206,000 this year. He stated that if it there was a reduction inpayment over a two year period it would be $103,000.00 per year. Commissioner Myersnoted Douglas County wanted support on the option to allow counties to spread thatamount over a number of years based upon their ability to pay. Commissioner Ellisonrequested clarification upon the amounts inclusive of the longevity. Cash Minor noted theproposal was for a 36% increase but with insurance coverage increases and longevity thatwould make it a 44% increase. Caesar Salicchi noted it had been over eight (8) yearssince elected officials had raises. He stated last session the bill was lost and never cameout of committee. Commissioner Ellison noted even after 8 years then they should bebased upon the County ability to pay and through a step increase upon a yearly increase.Caesar Salicchi stated that they had a situation now and would have to address it.

MOTION: Commissioner Myers moved to send a letter of support or vote ofsupport for AB 23 and SB 53 and also ask for the inclusion of thestatement that would allow the counties to opt over a two yearperiod on the elected official’s salary bill based upon their abilityor inability to pay. Commissioner Russell seconded the motion.

Commissioner Russell reviewed radio comments. He noted that these people hadbeen working for the County over a long period of time without any raises and they wereexpecting them to work harder with less people, provide more services with less supplies,be creative, and the least they could do was to bring them in an equity situation with theirsalaries received over eight years ago. Commissioner Ellison stated that if this bill did notget expended over a two or three year period based upon people getting fired then theycould get to the same place they wanted to be.

Commissioners Myers, Russell, Nannini and Eklund-Brown votedaye. Commissioner Ellison opposed the bill. The motion waspassed by a 4-1 majority vote.

Commissioner Ellison discussed and solicited Board direction regarding otherlegislative issues from the 2003 Legislative Session affecting Elko County. CommissionerEklund-Brown inquired if Stephanie Licht could give them an update on their bills downthere Cash Minor talked to Senator Rhoads and the para mutual bill was still in there.Commissioner Nannini believed the Wells tire recycling bill would go through. Cash Minornoted it had generated a lot of interest.

COUNTY PICNIC AND EMPLOYEE SERVICE AWARDS: The Board set a date for the annual County Picnic and approval of 2003 Service

Awards to be given at the Annual County Picnic. Commissioner Nannini noted the Board


MAY 8, 2003PAGE 33

members furnished the steaks for the event. Robert Stokes stated it was recommendedthat it be held on one of the first three Fridays of August, possibly on the 15th of August.Commissioner Myers suggested the 8th of August. Robert Stokes stated they usually startserving around 5:00 p.m. Commissioner Nannini stated they generally started up thebarbeque at 3:00 p.m. and put the steaks on at 5:00 p.m. The Board agreed on the 8th ofAugust and suggested they move the picnic time up to 3:00 p.m.

MOTION: Commissioner Myers moved to approve the awards. Commissioner Nannini seconded the motion. The motion waspassed unanimously.

CONSENT AGENDA:Approval of Preceding Minutes:The Board considered approval of the preceding minutes for the meetings held on

April 7, 2003: Board of County Commissioners Budget Meeting; April 16, 2003: Board ofCounty Commissioners, Board of County Highway Commissioners, Jackpot Town Board,and the Montello Town Board.

Approval of Claims:The Board reviewed the claims submitted for approval.Approval of Travel Requests:The Board considered approval of the pending travel requests.MOTION: Commissioner Nannini moved to approve the minutes of April 7,

2003: Board of County Commissioners Budget Meeting; April 16,2003: Board of County Commissioners, Board of County HighwayCommissioners, Jackpot Town Board, and the Montello TownBoard based upon the changes noted, the claims submitted forapproval and the pending travel requests. Commissioner Myersseconded the motion. The motion was passed unanimously.

COMMENTS BY THE GENERAL PUBLIC:No public comments were presented.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:County Commissioners:Commissioner Russell proposed that they consider investigating the concept of a

water rights bank. He stated the trust for water rights would help maintain water in thebasin. He in this would insure the water rights and he had presented the idea to the Landand Water summit and was surprised that his idea was supported even by theenvironmentalists. He would bring back a proposal to the board in a six or eight monthtime frame.

Commissioner Eklund-Brown stated the Business After Hours would be held on the15th of this month at the UNR Fire Science Academy. She stated that Question 1 meetingwould be held tonight at 6 p.m., in the Museum.


Commissioner Ellison stated the Rotary would have their convention and stated theyneeded a proclamation for the Rotary because it would be the Elko Rotary 75th anniversarysince June 6, 1928.

Commissioner Nannini read in paper that the hospital had acquired the clinic whichwould allow them to go forward with their new ideas such as a sleep center.

Commissioner Myers inquired if they could get a tax impact statement upon someof the land acquisitions that were coming before the Board. He believed this would begood information to have to help them make their decision. He suggested they startworking on an open space master plan. He had spoken to Ms. Bacon about qualifyingunder Question 1. He stated that if it qualified for Question 1 funds then there may havebeen a possibility that the land could have been deeded to the County rather than theForest Service. He noted if the county had been deeded that property then the countyresidents could access the Forest Service for recreation, hunting etc. CommissionerNannini noted that there were ten more parcels nominated for SNPLMA. Robert Stokesstated that OROVACA requested to be upon the May 21st agenda. Commissioner Myersstated Commissioner Eklund-Brown would attend the Question 1 meeting. He felt theyshould find out if there was a process in place under that Question 1 funding for the Countyto purchase the property rather than the federal government. Commissioner Eklund-Brownstated it depended upon the use. Robert Stokes stated he had not had time to reviewthose regulations. He felt that there was a 50% match and that may eliminate the county.Commissioner Ellison felt that they needed answers from the District Attorney’s Office onCommissioner Russell’s questions and he should review Dick Matthews’ letter before thehearing on OROVACA. Robert Stokes would contact Mr. May and suggest anothermeeting agenda.

Other County Departments:Joe Aguirre stated he had ran some quick figures. If they involved 300 to 400

accounts off of the traders, they could gain $92,409.00 in their budget. He stated his officegets 6% commission to move all those 300 to 400 accounts. The commission would be$23,662.00. If they moved all those bills to his office, they would get $92,409.00 in newrevenue coming in. He was only speaking about the general fund and did not take the taxrate for each entity times what accounts were there. The $68,747.00 that would beadditional revenue for one year but the $23,000 would be continual every year. He statedwhen businesses file their affidavits, then the affidavit that would come in for this July wasfor the tax year 2003/2004. He stated that could be billed from his office or for theirconvenience they put it on their property. He stated when it was placed upon their propertythey lose the 6% commission. The 2003/2004 taxes would not be billed until 2004/2005a year later. So for one year just on what goes to the general fund, they lose that$68,747.00. Joe Aguirre stated the downside was the businesses would have to pay thatbill twice in one year to catch up but it was a source of funding. The other part was thirtyyears ago the Department of Taxation came up with a brilliant statement that if thatunsecured property that was supposed to be billed in the 2003/2004 year was put on thetax roll for the following year 2004/2005 then with that additional depreciation the County


MAY 8, 2003PAGE 35

would lose $25,000 per year for thirty years. Joe Aguirre noted that his office worked ona four (4) year span at any given time. He stated it was so confusing that they had notcaught it until this year. He had contacted several other County Assessors and they wereputting on the added depreciation this year. He commented that the State had put that in.He felt there may be $25,000.00 in added income. Joe Aguirre believed that they couldpick it up legitimately. Commissioner Ellison noted that would be retroactive. Joe Aguirredid not know if they could implement that before July because the accounts would have tobe notified by letter. Commissioner Eklund-Brown requested a written report to explain thisproject. Joe Aguirre stated they may not want to initiate it because it would upset a lot ofbusinesses. Commissioner Ellison requested clarification on the 6% commission. JoeAguirre stated the 6% would come off of all property including the school district whichwould pay 60% of that. He would perform more research before submitting it to the Board.

ADJOURNMENT:

MOTION: Commissioner Russell moved to adjourn the meeting.Commissioner Myers seconded the motion. The motion waspassed unanimously.

There being no further business to come before the Board, the meeting wasadjourned until May 21, 2003.

APPROVED:JOHN ELLISON, Chairman

ATTEST:MARILYN TIPTON, Deputy Court Clerk

state of nevada, ) mike nannini warren russell sheri ......balance. he stated in speaking with the...

Documents