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Regular Meeting

Regular Meeting

Elko, NV · February 8, 2022

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS February 8, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, February 8, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko and via GoTo Meeting. This meeting was called to order by Mayor Reece Keener. The public can participate in person, by phone, tablet, laptop, or computer by registering with the GoTo Meeting link provided in the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER II. ROLL CALL Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, Recording Secretary Jan Baum, Financial Services Director Curtis Calder, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk Jack Snyder, Fire Chief James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGIANCE February 8, 2022 City Council | Minutes Page 1 of 15 IV. COMMENTS BY THE GENERAL PUBLIC Mark Paris, CPA, 215 Bluffs Ave., Ste. 300, representing Section Five Associates, read a statement (Exhibit "A"). Mayor Keener said we would consider that a formal request to be on a future agenda. Mr. Paris stated they could be ready to present, not at the next meeting but the one after that. Mark Paris Statement (Exhibit "A") V. APPROVAL OF MINUTES V.A. Approval of Minutes January 25, 2021 Regular Session The minutes were approved by general consent. VI. PRESENTATION VI.A. Reading of a proclamation recognizing the month of February 2022 as "Beef Month", and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. Julie Irish, President Elko County Cattlewomen, presented the Mayor with a large tri-tip. She thanked him for the proclamation and spoke about the events they hold each year and what they do to help residents of the county. VI.B. Presentation of the Elko Police Department 2021 Annual Report by Police Chief Ty Trouten, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Chief Trouten gave a presentation. VI.C. Presentation of a possible Recreation and Events Center by Rusty Bahr,CEO of the Boys and Girls Club of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Rusty Bahr, CEO Boys and Girls Club of Elko, gave a presentation. Mayor Keener thought it looked like a great plan. Initially he thought it would be tough to get everyone on board with this. He was in support of the project and would like to see it happen. Councilman Stone said he met wtih Mr. Bahr for a bit and was in support of this. He took a trip to SLC to visit some centers. February 8, 2022 City Council | Minutes Page 2 of 15 Mr. Bahr said there are some issues to be worked out to make sure everyone was comfortable with everything. Then he will come back for a formal ask. Erin Ferris, President of Elko Swim Team, said a new facility would be phenonomel for the swim team. The Swim Team is in favor of the project. Danny Story, Elko Adult Softball, said this will fill a gap that we didn't think we would see in our lifetime. We do need to look further at the master plan for the ball fields because he thought we would still be short some fields. Colby Curtis, Parks and Recreation Advisory Board, said he moved to Elko in 2007 and loved everything here. The only thing he missed was a recreation center. He was shocked there wasn't one when he moved here. The project makes a lot of sense. We have an opportunity to get everyone on board and make it happen. Alkie Mariluch, Silver State Stampede Board, said this would help them. We have had some growing pains over the years. We would be able to bring additional events in with this. Mayor Keener asked if anyone was opposed or had concerns. Jaime Glover, 698 3rd Street, said $52 million is a lot of money. This would put Elko on the map. He felt we also need to provide a place for people to live. He knows of people that work for the mines that are unable to afford a house. This is massive but we need to be realistic. VII. PERSONNEL VII.A. Employee Introductions: 1) Michelle Harden, Part-Time Animal Control Officer Not present. VIII. APPROPRIATION VIII.C. Review and possible approval of “SUBRECIPIENT AGREEMENT TO USE CORONAVIRUS RELIEF FUND MONIES FROM THE AMERICAN RESCUE PLAN ACT”, and matters related thereto. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts. The City of Elko has committed to awarding ARPA grants to Subrecipients. Subrecipients will be required to sign the “SUBRECIPIENT AGREEMENT TO USE CORONAVIRUS RELIEF FUND MONIES FROM THE AMERICAN RESCUE PLAN ACT” before receiving ARPA grant funds. JB Jan Baum, Financial Services Director, explained the Subrecipient Agreement was included in the packet. February 8, 2022 City Council | Minutes Page 3 of 15 ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Subrecipient Agreement To Use Coronavirus Relief Fund Monies from the American Rescue Plan Act. The motion passed unanimously. (5-0) X. NEW BUSINESS X.G. Review and possible approval for disbursing American Rescue Plan Act (ARPA) funds to local organizations for promoting and expanding behavioral health services in the City of Elko. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four eligible categories states “To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality”. During the ARPA public hearings Council recognized the negative behavioral health impacts on the community as a result of COVID-19. Staff recommends awarding grants to organizations committed to promote and expand behavioral health services in the City of Elko. The following is a list of organization’s programs and the recommended ARPA commitments: • Nevada Health Centers – Elko Behavioral Health Expansion $ 1,913,805 •Vitality Center – Increase Behavioral Health and Addiction Treatment and Increase Mobile and Crisis Response $ 878,000 • Vitality Center – Vitality Center Pandemic Resilience $ 147,000 • Northeastern Nevada Regional Hospital – 2022 Behavioral Health Initiative $ 500,000 Total $ 3,438,805 Grants will be distributed to above referenced grantees based on application and performance timelines and in accordance with ARPA timelines as outlined in the final rule, “funds must be obligated by December 31, 2024, and expended by December 31, 2026”. JB Ms. Baum explained during our public comment and special meetings, we believe City Council was interested in setting aside funds to help our community with behavioral health. Three of the applications they received were from these organizations that are committed to helping the behavioral health in our community. Mayor Keener called up a representative from Nevada Heath Centers. Steven Bratman, Nevada Health Centers, spoke about their behavioral health expansion. February 8, 2022 City Council | Minutes Page 4 of 15 Mayor Keener said he attended their grand opening in November and was impressed with all that they have done. He called up Vitality Center. Esther Quilici, Vitality Unlimited, thanked Council for their decision to grant them some money. She explained their proposal. She thanked City Council for their support. Steve Simpson, NNRH, explained their goal with the grant money. Councilwoman Simons left at 5:40 pm Mayor Keener called for public comment without a response. Curtis Calder, City Manager, spoke about the process of approving the grant requests. We are looking for the projects that would have the biggest impact to the community. He was proud to be part of this and hoped it will change the future of the community. Ms. Baum said in the subrecipient agreement, there are some reporting guidelines. The reporting will be brought in when the funding goes out. Councilman Puccinelli thanked them for what they do for the community. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve committing $3,438,805 in American Rescue Plan Act (ARPA) funds as outlined above to local organizations committed to promoting and expanding behavioral health services in the City of Elko. Grants funds will be distributed based on application and performance timelines and in accordance with ARPA timelines as outlined in the final rule, “funds must be obligated by December 31, 2024, and expended by December 31, 2026”. The motion passed unanimously. (4-0) XII. PETITION, APPEAL, AND COMMUNICATION XII.A. Review, consideration, and possible action of a special event application from St. Joseph's Catholic Church for an Easter Egg Drop Off, and matters related thereto. FOR POSSIBLE ACTION St. Joseph’s Catholic Church is requesting to use a City Park for a Special Event in which a helicopter operated by El Aero will drop plastic eggs into the Park for Easter. Jim Foster, Airport Director was referred to 14 CFR 91.15 which states: "No pilot in command of a civil aircraft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property. However, this section does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property." Mr. Foster was also notified that if they use the main City Park, they may need to contact RenoFIzDo to file a congested area plan due to the trees. The event organizers are willing to use any park. February 8, 2022 City Council | Minutes Page 5 of 15 Mario Garcia, 2056 Sierra Drive, thanked Council for their time. Their idea came from a previous hunt he attended. He moved to Elko 2 years ago from Houston, Texas. There were similar events there. Their intent is to have El Aero drop containers of easter eggs and fly off. There was some concern regarding injury and they are planning on having the area cordoned off where the eggs will be dropped. Mayor Keener asked what exactly they are looking at dropping. Mr. Garcia answered they will be plastic eggs filled with candy or toys. They will have volunteers to help keep the age groups separate. Afterwards, the volunteers will clean up the park. Mayor Keener asked if anyone will be under the helicopter when the eggs are dropped. Mr. Garcia answered no. Councilman Stone said he went to an event in Winnemucca where they dropped ping pong balls and it went well. Curtis Calder, City Manager said he reached out to Wayne Carlson at POOL/PACT, our liability insurance carrier. While this is a Council decision, he would not be thrilled with it from a liability standpoint. These are done in other communities and we may have even done one years ago at the golf course. He wanted to remind the Council there was a time where there was a rescue at Angel Lake where a helicopter crashed and City Fire was involved. Luckily there were no fatalities but there were injuries. Something like this may not be prohibited but Mr. Carlson was not happy with it. He wanted everyone to exercise extreme caution when considering this. Dave Stanton, City Attorney, said there are some forseeable risks with this and he would like to see some releases throughly hammered out before this event. We would need a contract with El Aero and with the event organizers. We are talking about a fair amount of paperwork. Jim Foster, Airport Manager, said you can do this but it will depend upon the location. He was told around trees was considered congested and you would need a congested area plan. It is not illegal. It should not have an effect on the commercial flights. Mr. Garcia stated they were willing to use any park that was deemed appropriate. He wanted to make this event as safe as possible. Mayor Keener understood the safety and liability concerns but thought it looked like an enjoyable event. He was open to listening to both sides. Councilman Morris thought the Main City Park would be out of the question because of the trees. There was some discussion about other locations where the event could be held. February 8, 2022 City Council | Minutes Page 6 of 15 Mr. Calder noted there could be conflicts with sporting events that are already scheduled. If this were his decision to make, he would say no because it brings risk that we don't need. You can still have your easter egg event without the helicopter. Councilman Stone understood the risk but did not have a problem with it. Mayor Keener said it was clear there are some issues with some locations. He thought this should be tabled and find out from staff what is available for this event. We can re-hear the matter at the next meeting. ** A motion was made by Council Member Stone, seconded by Council Member Morris to Table this item until the next meeting. Meanwhile, staff will determine what fields are available. We will get some type of plan from El Aero as far as a flight plan goes and we will hear back from Mr. Garcia on some safety precautions for the event to be held April 16th. The motion passed unanimously. (4-0) BREAK IX. UNFINISHED BUSINESS IX.A. Review, consideration, and possible approval of a Transportation Services Agreement between SkyWest Airlines, Inc. and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION This item was tabled at the January 11th and January 25th, 2022 Council meetings. At the December 14, 2021 meeting, the City Council approved a consulting agreement between the City of Elko, and Airplanners, LLC., for the purpose of providing air service management and development tasks on behalf of the City. As a result, the proposal Transportation Services Agreement is actively being negotiated and will be presented to the City Council upon the availability. CC Curtis Calder, City Manager, explained we received this back from SkyWest late last night. He recommended approval. He went over the terms of the agreement. Mayor Keener thought we will get to the $1 million cap quickly based on the current schedule they have. He was trying to book through the Skywest website and because the layover was greater than four hours, on the departure and the arrival into Salt Lake it showed there were no flights available. You could go to another website and see that there is a flight available. Jim Foster explained he was able to do the same thing. He went to a third party site and was able to book the flight. The policy is the 4-hour window but we can approach Delta to waive the 4 hour window, or make them longer windows. It would be something the airline would be willing to do. He had a phone call from a gentleman wanting to fly here from New York but he ran into that same problem. February 8, 2022 City Council | Minutes Page 7 of 15 Mr. Calder said the idea is to buy us some time and not lose the carrier. If we lose the carrier, we would lose TSA. It is not ideal but we are in better shape than some other communities. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve a Transportation Services Agreement between SkyWest Airlines, Inc. and the City of Elko, as a one-year agreement with a $1 million cap based on load factors. The motion passed unanimously. (4-0) VIII. APPROPRIATION (Cont.) VIII.A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the general warrants in the amount of $713,722.74. The motion passed unanimously. (4-0) VIII.B. Review and possible ratification of General Hand Cut Checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve Hand-Cut checks in the amount of $99,942.03. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) X.A. Review, consideration, and possible action to approve Reversion to Acreage No. 1-22, filed by the City of Elko, for the proposed merger of two parcels on Walters Court into one new parcel approximately 5.289 acres in size within the LI (Light Industrial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located on the southwest corner of Silver Street and Walters Court (APNs 001-630-086 and 001-630-087) and consists (in part) of the Elko Police Department building. The Police Department is requesting that these parcels be merged to facilitate the expansion of the police station. MR Michele Rambo, Development Manager, explained the request. February 8, 2022 City Council | Minutes Page 8 of 15 ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Reversion to Acreage No. 1-22 subject to the findings outlined in the staff reported dated January 20, 2022. The motion passed unanimously. (4-0) X.B. Review, consideration, and possible action to accept the 2021 Annual Report of Planning Commission Activities, and matters related thereto. FOR POSSIBLE ACTION Pursuant to City Code Section 3-4-23, the Planning Commission is required to prepare and present an Annual Report of its activities to Council. On February 1, 2022, the Planning Commission took action to approve the 2021 Annual Report of Planning Commission Activities and forward it to the Council. CL Cathy Laughlin, City Planner, gave a presentation. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve to accept the 2021 Annual Report of Planning Commission Activities. The motion passed unanimously. (4-0) X.C. Review, consideration, and possible action to accept a letter of resignation Planning Commissioner John Anderson and to further authorize Staff to commence with the standard recruitment process to fill the vacancy on the Planning Commission, and matters related thereto. FOR POSSIBLE ACTION Mr. Anderson was appointed to the Planning Commission on October 28, 2008, and states that he needs to resign due to his health. CL Ms. Laughlin explained Mr. Anderson stated he does not want a plaque presentation but he has been on the Planning Commission for the longest. We feel it is important that we have a plaque made for him and presented at a Council Meeting. Mayor Keener agreed. We need to thank him for his service and the countless hours he put in. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve to accept Planning Commissioner's resignation from the Planning Commission. The motion passed unanimously. (4-0) X.D. Review, consideration, and possible approval of a Settlement Agreement, Mutual Release, and Waiver of All Claims between the Elko Police Department and Richard Arzola, and matters related thereto. FOR POSSIBLE ACTION February 8, 2022 City Council | Minutes Page 9 of 15 On August 17, 2021, Richard Arzola filed a Complaint in Federal Court against the Elko Police Department, Officer Bart Ortiz, and Officer Nathaniel Bradford alleging that he was deprived of his constitutional rights during his arrest on December 20, 2019. POOL/PACT retained the law firm of marquis Aurbach Coffing in Las Vegas to represent and defend the City, Officer Ortiz and Officer Bradford. The parties have now agreed upon a full settlement in the amount of $12, 500.00. Neither the City, Officer Ortiz, nor Officer Bradford are admitting fault or liability. DS Dave Stanton, City Attorney, explained he read through the settlement agreement and it is standard. The City is not admitting to liability and not admitting that anything was done wrong. The amount of the settlement is designed to prevent the risk that is inherent in any litigation and save the parties money. MayorKeener acknowleged they are both outstanding officers in the EPD. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Settlement Agreement, Mutual Release and Waiver of All Claims with Richard Arzola and direct the Mayor to execute the document on behalf of the Elko Police Department. The motion passed unanimously. (4-0) X.E. Review and possible approval of a First Addendum to Hangar Lease Extension of Airport Hangar B1, and matters related thereto. FOR POSSIBLE ACTION Current ground lease holder of Hangar B1 is requesting an additional 540 square foot extension to the current ground lease. This extension to the lease will allow for the tenant to improve and expand their hangar. Jim Foster, Airport Manager, explained the hangar owner approached them with this. He just wants to improve his hangar with an extension and possibly some other infrastructure. It is one of the bigger hangars on the facility. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the First Addendum to Hangar Lease Extension. The motion passed unanimously. (4-0) X.F. Review, consideration, and possible authorization to advertise two (2) vacant positions on the California Trail Advisory Board, and matters related thereto. FOR POSSIBLE ACTION There are two (2) vacant positions on the California Trail Advisory Board. Staff is seeking Council approval to advertise for the two vacant positions. CC February 8, 2022 City Council | Minutes Page 10 of 15 Curtis Calder, City Manager, explained they are looking at reconstituting this board and there are two vacancies. We will go through the standard recruitment process to get them filled. Mayor Keener asked if the board had any pull on the operations at the Center. Mr. Calder answered no, not really. This is a unique advisory board because it is required as part of the federal legislation that created the center. He was not sure why it was important at the time. Now it is more of getting updates and relaying that information to the Council. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to advertise for the 2 vacant postions on the California Trail Advisory Board. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE XI.A. Review, consideration, and possible approval of Resolution No. 04-22, a resolution authorizing augmentation of the 2021/2022 Fiscal Year Budget of the Capital Construction Fund, increasing appropriations to $3,401,900 to account for $922,502 in unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The Capital Construction Fund had increased revenues due to the proceeds from the sale of land for the Veterans’ Cemetery. When the 2021/2022 budget was prepared the City of Elko did not know if City of Elko land would be chosen for the Cemetery. JB Jan Baum, Financial Services Director, explained the augmentation. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution No. 04-22, augmenting the Capital Construction Fund in the amount of $922,502 pursuant to NRS 354.598005. The motion passed unanimously. (4-0) XI.B. Review, consideration, and possible approval of Resolution No. 05-22, a resolution authorizing augmentation of the 2021/2022 Fiscal Year Budget of the General Fund, increasing appropriations to $42,910,256 to account for $8,000,000 in unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The General Fund had increased revenues due to the receipt of American Rescue Plan Act (ARPA) Funds in July, 2021. For the 2021/2022 fiscal year $8,000,000 of the ARPA funds are allocated to Water Infrastructure. JB Ms. Baum explained of the $13.7 million that has been received, $8 million we would like to allocate to the water infrastructure. February 8, 2022 City Council | Minutes Page 11 of 15 ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Resolution No. 05-22 augmenting the General Fund budget in the amount of $8,000,000 pursuant to NRS 354.598005. The motion passed unanimously. (4-0) XI.C. Review, consideration, and possible approval of Resolution No. 06-22, a resolution authorizing augmentation of the 2021/2022 Fiscal Year Budget of the Sewer and Water Fund. FOR POSSIBLE ACTION The Water Fund had increased revenue due to the City of Elko allocating $8,000,000 in American Rescue Plan Act (ARPA) Funds to water infrastructure projects in FY 2021/2022. In addition, the Water and Sewer Funds are augmenting budgets for capital project spend that was projected to occur prior to June 30, 2021 but occurred during fiscal year 2022. JB Ms. Baum explained this brings the $8 million into the water budget. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Resolution No. 06-22 augmenting the Water and Sewer Fund for the amounts in the attached spreadsheet pursuant to NRS 354.598005. The motion passed unanimously. (4-0) XIII. REPORTS XIII.A. Mayor and City Council Mayor Keener reported on the Government Affairs Committee Meeting at the Chambers of Commerce. There was some talk of the taxes that seem to be in play regarding the expired Pay as you Go but the County was not present. It was a wonderful fundraiser for the High School Drama Club. There was a Nevada League of Cities meeting last week where he was elected to a Liaison position. Leslie Harper will be out here for the next meeting. The League is going through some retooling right now with a new vision and a new plan to execute on. He got to swear in the newest planning commissioner last week. Councilman Stone said the Elko High School fundraiser helped the Drama Department and the next play will be held in the new center that has been built at the High School. XIII.B. City Manager Curtis Calder wanted to touch base on the property tax issue. There are some statutory deadlines that all governmental entities have to follow in the budget process. One of the documents that drives our budget process is the the state proforma document that talks about tax rates and abatements. The state has a deadline of February 22nd to have the request in to the state. We caught wind last week that the February 8, 2022 City Council | Minutes Page 12 of 15 Elko County Commission was exploring the idea of going after the 0.75 cent pay as you go. We have had some conversations with our staff and we have some concerns. There was a report that was jointly paid for by the City and the County that explored our options after pay as you go expired. Based on that report, the City Council raised the tax rate by 17.7 cents. We haven't seen any revenue since the rate increase. We were surprised to see the County requested a follow-up report to the first report that amended the conclusion to the first report. We were not asked about it and the consultant did not bring it up to us. We were cut out of the loop. We are now in the loop. Because of that, City Council will have to have a special meeting after the Elko County Meeting next week. Kim Wilkinson will be sending out an email tomorrow to see what will work best for everyone's schedule. XIII.C. Assistant City Manager Scott Wilkinson said they received a proposal for the Union Pacific appraisal. Hopefully, we get all three in and can bring them all back to Council for review. Mayor Keener asked about the VA cemetery. Mr. Wikinson answered they have not heard anything on that. XIII.D. Utilities Director No report. XIII.E. Public Works No report. XIII.F. Airport Manager No report. XIII.G. City Attorney No report. XIII.H. Fire Chief Chief Snyder reported we did not get the SAFER Grant we applied for last year. FEMA doesn't give a good reason as to why is was turned down, just a yes or no. XIII.I. Police Chief No report. February 8, 2022 City Council | Minutes Page 13 of 15 XIII.J. City Clerk Kelly Wooldridge reported we went live tonight on the new agenda software. She demonstrated how they can get the agenda information on the overhead screen. There are still some bugs we are working out. XIII.K. City Planner Mayor Keener asked about the lights downtown. Cahty Laughlin answered she had not heard anything. XIII.L. Development Manager No report. XIII.M. Financial Services Director Jan Baum reported the Elko County Rec Board ARPA Grant will be on the next meeting. The next meeting will also have additional recommendations. XIII.N. Parks and Recreation Director Mayor Keener asked if the SnoBowl was able to operate last weekend. James Wiley answered they were not able to operate. They did make it through some beginner ski lessons. The conditions are not good right now. XIII.O. Civil Engineer No report. XIII.P. Building Official Mayor Keener asked if there was anything on the temple or apartments. Jeff Ford answered no. Mayor Keener asked if Susie Shurtz was online. He asked about the lawsuit against the Police Officers and if there would be a negative mark in their personnel files. Ms. Shurtz said that from their perspective it would not be a negative in their file. XIV. COMMENTS BY THE GENERAL PUBLIC There were no public comments. February 8, 2022 City Council | Minutes Page 14 of 15 There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk February 8, 2022 City Council | Minutes Page 15 of 15

Agenda

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, February 8, 2022 beginning at 4:00 P.M.–7:00 P.M., P.D.T. in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada, and by utilizing GoToMeeting.com The public can view or participate in the virtual meeting on a computer, laptop, tablet or smart phone at: https://global.gotomeeting.com/join/182693917 You can also dial in using your phone at United States: +1 (571) 317-3112 the Access Code is 182 693 917 Attached with this notice is the agenda for said meeting of the Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.gov/, the State of Nevada’s Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Date/Time Posted: 8:30 a.m. P.D.T., Thursday, February 3, 2022 Posted by: Kim Wilkinson, Administrative Assistant contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com Dated this 3rd day of February, 2022 NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the Elko City Council, 1751 College Avenue, Elko, Nevada 89801, or by calling (775) 777-7110. _________________________________ Curtis Calder, City Manager Elko, Nevada February 8, 2022 Elko City Council Page 1 City of Elko Regular Meeting City Council Meeting 08 Tuesday February 2022 - 4:00 PM Elko City Hall, Council Chambers, 1751 College Ave. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC V. APPROVAL OF MINUTES V.A. Approval of Minutes January 25, 2021 Regular Session VI. PRESENTATION VI.A. Reading of a proclamation recognizing the month of February 2022 as "Beef Month", and matters related thereto. INFORMATION ONLY - NON ACTION ITEM VI.B. Presentation of the Elko Police Department 2021 Annual Report by Police Chief Ty Trouten, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM VI.C. Presentation of a possible Recreation and Events Center by Rusty Bahr,CEO of the Boys and Girls Club of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM VII. PERSONNEL VII.A. Employee Introductions: 1) Michelle Harden, Part-Time Animal Control Officer VIII. APPROPRIATION VIII.A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION VIII.B. Review and possible ratification of General Hand Cut Checks, and matters related thereto. FOR POSSIBLE ACTION February 8, 2022 Elko City Council Agenda Page 2 of 7 VIII.C. Review and possible approval of “SUBRECIPIENT AGREEMENT TO USE CORONAVIRUS RELIEF FUND MONIES FROM THE AMERICAN RESCUE PLAN ACT”, and matters related thereto. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts. The City of Elko has committed to awarding ARPA grants to Subrecipients. Subrecipients will be required to sign the “SUBRECIPIENT AGREEMENT TO USE CORONAVIRUS RELIEF FUND MONIES FROM THE AMERICAN RESCUE PLAN ACT” before receiving ARPA grant funds. JB IX. UNFINISHED BUSINESS IX.A. Review, consideration, and possible approval of a Transportation Services Agreement between SkyWest Airlines, Inc. and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION This item was tabled at the January 11th and January 25th, 2022 Council meetings. At the December 14, 2021 meeting, the City Council approved a consulting agreement between the City of Elko, and Airplanners, LLC., for the purpose of providing air service management and development tasks on behalf of the City. As a result, the proposal Transportation Services Agreement is actively being negotiated and will be presented to the City Council upon the availability. CC X. NEW BUSINESS X.A. Review, consideration, and possible action to approve Reversion to Acreage No. 1-22, filed by the City of Elko, for the proposed merger of two parcels on Walters Court into one new parcel approximately 5.289 acres in size within the LI (Light Industrial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located on the southwest corner of Silver Street and Walters Court (APNs 001-630-086 and 001-630-087) and consists (in part) of the Elko Police Department building. The Police Department is requesting that these parcels be merged to facilitate the expansion of the police station. MR X.B. Review, consideration, and possible action to accept the 2021 Annual Report of Planning Commission Activities, and matters related thereto. FOR POSSIBLE ACTION Pursuant to City Code Section 3-4-23, the Planning Commission is required to prepare and present an Annual Report of its activities to Council. On February 1, 2022, the Planning Commission took action to approve the 2021 Annual Report of Planning Commission Activities and forward it to the Council. X.C. Review, consideration, and possible action to accept a letter of resignation Planning Commissioner John Anderson and to further authorize Staff to commence with the standard February 8, 2022 Elko City Council Agenda Page 3 of 7 recruitment process to fill the vacancy on the Planning Commission, and matters related thereto. FOR POSSIBLE ACTION Mr. Anderson was appointed to the Planning Commission on October 28, 2008, and states that he needs to resign due to his health. CL X.D. Review, consideration, and possible approval of a Settlement Agreement, Mutual Release, and Waiver of All Claims between the Elko Police Department and Richard Arzola, and matters related thereto. FOR POSSIBLE ACTION On August 17, 2021, Richard Arzola filed a Complaint in Federal Court against the Elko Police Department, Officer Bart Ortiz, and Officer Nathaniel Bradford alleging that he was deprived of his constitutional rights during his arrest on December 20, 2019. POOL/PACT retained the law firm of Marquis Aurbach Coffing in Las Vegas to represent and defend the City, Officer Ortiz and Officer Bradford. The parties have now agreed upon a full settlement in the amount of $12, 500.00. Neither the City, Officer Ortiz, nor Officer Bradford are admitting fault or liability. DS X.E. Review and possible approval of a First Addendum to Hangar Lease Extension of Airport Hangar B1, and matters related thereto. FOR POSSIBLE ACTION Current ground lease holder of Hangar B1 is requesting an additional 540 square foot extension to the current ground lease. This extension to the lease will allow for the tenant to improve and expand their hangar. X.F. Review, consideration, and possible authorization to advertise two (2) vacant positions on the California Trail Advisory Board, and matters related thereto. FOR POSSIBLE ACTION There are two (2) vacant positions on the California Trail Advisory Board. Staff is seeking Council approval to advertise for the two vacant positions. CC X.G. Review and possible approval for disbursing American Rescue Plan Act (ARPA) funds to local organizations for promoting and expanding behavioral health services in the City of Elko. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four eligible categories states “To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality”. During the ARPA public hearings Council recognized the negative behavioral health impacts on the community as a result of COVID-19. Staff recommends awarding grants to organizations committed to promote and expand behavioral health services in the City of Elko. The following is a list of organization’s programs and the recommended ARPA commitments: • Nevada Health Centers – Elko Behavioral Health Expansion $ 1,913,805 •Vitality Center – Increase Behavioral Health and Addiction February 8, 2022 Elko City Council Agenda Page 4 of 7 Treatment and Increase Mobile and Crisis Response $ 878,000 • Vitality Center – Vitality Center Pandemic Resilience $ 147,000 • Northeastern Nevada Regional Hospital – 2022 Behavioral Health Initiative $ 500,000 Total $ 3,438,805 Grants will be distributed to above referenced grantees based on application and performance timelines and in accordance with ARPA timelines as outlined in the final rule, “funds must be obligated by December 31, 2024, and expended by December 31, 2026”. XI. RESOLUTION AND ORDINANCE XI.A. Review, consideration, and possible approval of Resolution No. 04-22, a resolution authorizing augmentation of the 2021/2022 Fiscal Year Budget of the Capital Construction Fund, increasing appropriations to $3,401,900 to account for $922,502 in unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The Capital Construction Fund had increased revenues due to the proceeds from the sale of land for the Veterans’ Cemetery. When the 2021/2022 budget was prepared the City of Elko did not know if City of Elko land would be chosen for the Cemetery. JB XI.B. Review, consideration, and possible approval of Resolution No. 05-22, a resolution authorizing augmentation of the 2021/2022 Fiscal Year Budget of the General Fund, increasing appropriations to $42,910,256 to account for $8,000,000 in unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The General Fund had increased revenues due to the receipt of American Rescue Plan Act (ARPA) Funds in July, 2021. For the 2021/2022 fiscal year $8,000,000 of the ARPA funds are allocated to Water Infrastructure. JB XI.C. Review, consideration, and possible approval of Resolution No. 06-22, a resolution authorizing augmentation of the 2021/2022 Fiscal Year Budget of the Sewer and Water Fund. FOR POSSIBLE ACTION The Water Fund had increased revenue due to the City of Elko allocating $8,000,000 in American Rescue Plan Act (ARPA) Funds to water infrastructure projects in FY 2021/2022. In addition, the Water and Sewer Funds are augmenting budgets for capital project spend that was projected to occur prior to June 30, 2021 but occurred during fiscal year 2022. JB XII. PETITION, APPEAL, AND COMMUNICATION XII.A. Review, consideration, and possible action of a special event application from St. Joseph's Catholic Church for an Easter Egg Drop Off, and matters related thereto. FOR POSSIBLE ACTION February 8, 2022 Elko City Council Agenda Page 5 of 7 St. Josephs Catholic Church is requesting to use a City Park for a Special Event in which a helicopter operated by El Aero will drop plastic eggs into the Park for Easter. Jim Foster, Airport Director was referred to 14 CFR 91.15 which states: "No pilot in command of a civil aircraft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property. However, this section does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property." Mr. Foster was also notified that if they use the main City Park, they may need to contact RenoFIzDo to file a congested area plan due to the trees. The event organizers are willing to use any park. XIII. REPORTS XIII.A. Mayor and City Council XIII.B. City Manager XIII.C. Assistant City Manager XIII.D. Utilities Director XIII.E. Public Works XIII.F. Airport Manager XIII.G. City Attorney XIII.H. Fire Chief XIII.I. Police Chief XIII.J. City Clerk XIII.K. City Planner XIII.L. Development Manager XIII.M. Financial Services Director XIII.N. Parks and Recreation Director XIII.O. Civil Engineer XIII.P. Building Official XIV. COMMENTS BY THE GENERAL PUBLIC February 8, 2022 Elko City Council Agenda Page 6 of 7 NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Curtis Calder City Manager February 8, 2022 Elko City Council Agenda Page 7 of 7

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