STATE OF NEVADA )

COUNTY OF ELKO ) ss. OCTOBER 19, 2005

The Board of Elko County Commissioners met in regular session on Wednesday, October 19, 2005 at 1:30 p.m., in Room 105 of the Elko County Courthouse, 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Charlie Myers, Chair

Sheri Eklund-Brown

John Ellison

Warren Russell

Mike Nannini

County Manager Robert Stokes

CFO/Ast. Co. Mgr. Cash Minor

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Sheriff Neil Harris

Road Supervisor Otis Tipton

Juvenile Probation Officer Michael Pedersen

Ambulance Director William Webb

Planning/Zoning Dir. Randy Brown

- - -

The proceedings were as follows:

CALL TO ORDER:

Chairman Myers called the meeting to order at 1:30 p.m. He noted that all Commissioners were present.

PLEDGE OF ALLEGIANCE:

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

COMMENTS BY THE GENERAL PUBLIC:

No comments were submitted.

PRESENTATION OF CERTIFICATE OF CONRATULATIONS:

The Board considered approval of Certificates of Congratulations to Becky Jensen (30), Margaret Gibson (26) and Jim Welch (9 1/2) for their many years of dedicated service to Elko County and its citizens.

MOTION: Commissioner Ellison moved to approve the award of Certificates of Congratulations to Becky Jensen, Margaret Gibson and Jim Welch. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Becky Jensen stated everybody with the County had been wonderful during the thirty years she had worked in the Recorder’s and the Assessor’s Offices.

Margaret Gibson expressed her gratification for the award.

Jim Welch commented that he had worked with some very nice people and pointed out that Bill Cunningham who was present today was one of them.

The Board members expressed their appreciation individually to Becky Jensen, Margaret Gibson and Jim Welch.

TECHNICAL/COORDINATING GROUP FOR ELKO COMMUNITY RURAL HEALTH AND EDUCATION OUTREACH PROJECT:

Chairman Myers commented that Marcia Bandera was not present at this time to give a presentation regarding the ongoing efforts to facilitate improved medical and dental services at the old Elko Clinic facility including efforts to provide for Veteran’s services in Elko County.

NEVADA HEALTH CENTERS, INC.:

Primary Medical Care Agreement:

The Board considered approval of an agreement for primary medical care services with the Nevada Health Centers, Inc.

Robert Stokes noted this was the first draft they had received. He stated that Cash Minor had some suggestions to make and Kristin had revised the form. Cash Minor stated most of his suggestions were regarding paragraph A. Financial Responsibility. Cash Minor believed that the Agreement should be back-dated to June 1, 2005 because they had made a payment of $47,000 in June of 2005. He stated the Board had committed to $361,303.00 over a three year period. Therefore, he believed the contract should encompass the whole amount so it would be a thirty-seven month contract rather than a thirty-six month contract. Cash Minor stated they were paying $113,000.00 this current year and there were typographical errors of $1,303.00 in the contract.

MOTION: Commissioner Ellison moved to approve the agreement with the Nevada Health Centers, Inc., for primary medical care services with the two stipulations suggested by Cash Minor. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Community Health Services Agreement:

The Board considered approval of an agreement for community health services with the Nevada Health Centers, Inc.

Cash Minor did not have any amendments to this agreement. However, he believed that Kristin McQueary had recommended there be attest for the County Clerk.

MOTION: Commissioner Nannini moved to approve an agreement for community health services with the Nevada Health Centers, Inc., with the changes recommended by Kristin McQueary. Commissioner Ellison seconded the motion. The motion was passed unanimously.

CITY OF CARLIN:

The Board discussed County participation in infrastructure improvements for commercial development in the City of Carlin.

William Kohbarger, Carlin City Manager, asked for financial support to bring infrastructure onto the East side of SR 766. Tom Ballew of High Desert Engineering had previously submitted a handwritten estimate for approach and utility infrastructure as follows: approach $49,800.00; to bring the water main into the property $38,900.00 and the cost for sewer service would be $20,100.00. William Kohbarger noted the construction cost of $108,800.00 with a contingency of 35% or $38,100.00 would bring the amount to a grand total of $146,900.00.

Commissioner Ellison noted there was a piece of private property involved with that access. Tom Ballew displayed a map of the site. William Kohbarger stated they had an Agreement with the private party on the twelve acre lot to allow them an easement for the installation of the sewer. Commissioner Ellison inquired how the property was zoned and received the reply of open space zoning.

Commissioner Nannini noted that they had not budgeted for this and asked if they could wait until spring so this could go through their normal budget process. Cash Minor stated they may find $50,000 this year and then budget for the remainder next year, then Carlin would be able to bond to do the project. Kristin McQueary inquired if it was Carlin’s intent to sell the property to the developer. William Kohbarger replied they were currently going through the double appraisal process which was being overseen by Bob Goicoechea, their attorney. Commissioner Eklund-Brown and Commissioner Russell both expressed concern that this would set precedence for other developers coming forward and requesting funding. Commissioner Eklund-Brown inquired what the City of Carlin’s contribution would be. William Kohbarger stated the City of Carlin would be building the road but did not have the cost at this time.

Commissioner Russell inquired if they would accept a loan from Elko County. Cliff Eklund stated that would have to be reviewed by the whole council. Commissioner Eklund-Brown suggested they put it on the next week’s agenda and come back to the Commission with their participation. Kristin McQueary noted that the County had flexibility in working with the City under a Cooperative Agreement for a loan or gift. Kristin McQueary commented that this would not benefit just one property owner. Commissioner Nannini noted that the Carlin community was stifled and did not think Carlin could afford $150,000.00 from their City budget. Commissioner Myers noted that they have to address the Carlin taxing situation every year. He commented that if the City of Carlin grew then the County tax liability would be reduced for that community.

Cash Minor suggested that they separate the actual construction cost of $108,800.00 away from the contingency. Commissioner Nannini felt they should put this in the budget process. Commissioner Myers noted Cash Minor had previously recommended $50,000 now and then the Board could consider the remainder in the budget process. Commissioner Russell commented about the budget process pertaining to the whole year and the use of the contingency fund for emergencies. Commissioner Eklund-Brown disclosed that she was a former Carlin resident and still had family members residing there. She would like to have it go before the entire council before voting on it.

Denis Floge, the interested developer on the truck stop project, noted that he was not the only developer that was interested in this area. He stated another developer was interested in developing the residential area. He believed this infrastructure would encourage more development in that area, and with the development the tax base would improve. He commented upon the shortage of housing in the area. Denis Floge gave his gaming background for over twenty-six years. He explained his proposal for the hotel/casino/truck stop.

MOTI ON: Commissioner Eklund-Brown moved to table until the beginning of the month in November for recommendation to come from the Carlin City Council. Commissioner Russell seconded the motion.

Commissioner Ellison inquired about the developer’s timeline. Denis Floge noted they would not move dirt until after the first of the year. Commissioner Russell stated he was not opposed to this project, and hoped the project worked out very well.

Commissioners Eklund-Brown and Russell voted aye. Commissioners Nannini, Ellison and Myers voted nay. The motion was defeated by a majority vote.

MOTION: Commissioner Nannini moved that the Carlin’s request for $150,000 for the development of their industrial/housing area in their community should go through the budget process and approve it contingent that they could do it through the budget process. Commissioner Ellison seconded the motion.

Commissioner Ellison inquired if that motion would help them through the bonding. William Kohbarger understood from the motion that they would go through their budget process.

Commissioner Nannini amended his motion to support the $146,900 to develop their industrial and housing infrastructure as long as they could put it through their budget process and do it correctly.

William Kohbarger asked Cash Minor if a bonding company would accept that Motion. He believed that USDA would want something on the table before they would fund a project. He recommended $50,000 funding now to qualify for bonding through USDA.

The motion died due to lack of a second.

Commissioner Myers asked the Board to keep in mind Cash Minor’s suggestion of a portion of the funding now and the remainder during budget session. He cautioned them that the contingency was set aside for emergencies.

MOTION: Commissioner Ellison moved to approve the $50,000 out of contingency and the remaining funding to go through the budget process for the next fiscal year; and William Kohbarger and the Carlin City Council look at their budget to see what they could contribute to soften the final blow to the County’s budget. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Commissioner Ellison left the room at 2:33 p.m. due to a conflict of interest on the next agenda item.

RAIL PORT OF ELKO COUNTY:

Elaine Barkdull, ECEDA, stated they had received a grant in the amount of $55,000.00 for the business plan for the rail port and the entire project would be $72,000.00. She stated there would be some in-kind but there may be some financial obligation from the County. Elaine Barkdull stated ECEDA had received grant funding for all five of their projects in the total of $180,000.00. She reviewed some of the leads she had received through her e-mail.

Commissioner Eklund-Brown inquired if Elaine had done research on the Montana ports because she was considering going to Montana next week. Elaine Barkdull replied she had not received her e-mail. However, due to the conference next week and the conference in Pennsylvania the following week, she would not be able to tour Montana’s ports for the next two weeks. Commissioner Eklund-Brown commented that both the Port of Helena and the Port of Montana located in Butte, Montana were publicly owned ports. Commissioner Nannini would like to attend the tour of the Montana ports but could not attend that tour next week either. He asked for a special trip at a later date. Elaine Barkdull stated ECEDA now had travel monies available but couldn’t take a trip for a couple of weeks.

Commissioner Russell noted on October 19, 2005 they received documentation expressing an interest in this area. He noted natural gas was one of the requirements for that company and asked how Elaine responded to such requests. Elaine Barkdull replied when they have a feasible interest expressed then they contact the utility company. Commissioner Russell commented that until the site was done or infrastructure was completed some turn-key organizations may not come in.

Commissioner Nannini inquired when they would begin to sign on users to purchase land or use the transload facility. Elaine Barkdull replied there were two organizations waiting.

Randy Brown gave an update on the aerial surveying. Commissioner Eklund-Brown asked for a template or model to get some CC&Rs in place and to establish criteria. Elaine Barkdull said the business plan proposal had a list of ideal type of industries they may wish to consider and whether they may wish to sell or lease the land. She stated the majority of the funding had been granted for their business plan. She reported the Target Market Analysis would be coming back with more information. Commissioner Eklund-Brown inquired about development with current water/sewer infrastructure. Elaine Barkdull stated that would be answered within the proposal.

The Board discussed a name for the Rail Port of Elko County.

Elaine Barkdull stated ECEDA had requested they name their rail port so that they may begin marketing the rail port. She noted Northeastern Nevada would tell anyone the location of the rail port and the word regional would tell all the counties around them that this was a regional rail port. Elaine Barkdull suggested Northeastern Nevada Regional Railport as the name. Commissioner Eklund-Brown noted that NNRR would be the acronym. She commented the hospital also had Northeastern Regional within its name and marketing strategy. Elaine Barkdull commented that once the rail port became a reality they could advertise with a billboard on industrial property in Carlin and in Wells.

MOTION: Commissioner Russell moved that the rail port be designated as Northeastern Nevada Regional Railport. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Jeff Williams, Osino property owner, stated if this was a lease situation rather than a buy then the County would have control over what types of businesses were there. He noted most of the Osino people did not know what was going on with this issue. He stated they were excited that it might increase their property values. He stated this may start more traffic and commented that they already had road problems.

Chairman Myers called a recess at 2:52 p.m. and reconvened the meeting at 3:05 p.m. Commissioner Ellison returned to the meeting room.

ELKO COUNTY PLANNING AND ZONING DIVISION:

APPEAL HEARING – William A. Crane:

In accordance with Notice No. 44-2005, the County Commission conducted an appeal hearing requested by William A Crane on the decision of the Elko County Planning Commission regarding his denied request for a zone change from open space to special lands for Hearing No. 05-2000-0003 by the Planning Commission on April 21, 2005. Pursuant to Elko County Code 4-9-10(E), the Board of County Commissioners shall, at the conclusion of the appeal hearing, may sustain, modify or overrule the action or decision appealed, or may refer the matter or a portion thereof, back to the Elko County Planning Commission for further consideration. The final order of the County Commissioners on an appeal shall be effective forthwith.