Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS February 14, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, February 14, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, Clerk Technician II Jan Baum, City Manager Lowell Black, Financial Services Director Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGIANCE February 14, 2023 City Council | Minutes Page 1 of 20  IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. Approval of Minutes - Regular Session 1-24-2023; Special Session 1-12-2023 The minutes were approved by general consent. VII. PERSONNEL A. Employee Introductions: 1.) Anthony Barnes, Animal Shelter Worker, Animal Shelter 2.) Lowell Black, Financial Services Director Both new employees were present and introduced. IV. COMMENTS BY THE GENERAL PUBLIC (Cont.) Mayor Keener moved back to Comments by the General Public and welcomed the new Director of the Battle Born Youth Challenge Academy. Lee Ann Hill, Administrator at Battle Born Youth Challenge Academy, introduced herself and explained how glad they are to have the academy open and have cadets. Andre Ponder, Director of the Battle Born Youth Challenge Academy, explained he is new to the community. He took this new role the 14th of January. After going over his background and experience, he stated he took this new position because he has a passion for at-risk boys and girls. VI. PRESENTATION A. Reading of a proclamation by the Mayor, in appreciation of the Elko County Cattle Women, and in recognition of the month of February 2023 as Beef Month, and matters related thereto. INFORMATION ONLY, NON ACTION ITEM Mayor Keener read the proclamation and presented it to a representative from the Elko County Cattle Women. Sydnie (last name unknown) said a few words in support of the beef industry. February 14, 2023 City Council | Minutes Page 2 of 20  C. Presentation by the City of Elko Volunteer Firefighters regarding the Knox Box program, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Presentation and no action required to inform the council and community of the Lee Engine Company's (Elko Volunteer Firefighters) residential Knox Homebox Loaner Program. This program allows first responders with quick entry during medical and other emergencies. The program will minimize risk the community by providing a safe and efficient way to gain access from a 911 call. JJ Jeff Winrod, Lee Engine, spoke about the Home Knox Box program. VII. PERSONNEL (Cont.) B. Review, and ratification of acceptance of a Letter of Resignation from Jack Snyder, Fire Chief, effective February 3, 2023, and matters related thereto. FOR POSSIBLE ACTION A Letter of Resignation was submitted on January 19, 2023 to Human Resources, from Jack Snyder, with the resignation date effective February 3, 2023. SS Susie Shurtz, Human Resources Manager, explained this one is coming for ratification because it has already happened. We just need to get this recorded. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve to ratify the acceptance of a letter of resignation from Jack Snyder, Fire Chief, effective February 3, 2023. The motion passed unanimously. (5-0) C. Discussion and direction to Staff regarding the City of Elko Fire Chief recruitment and selection process, and matters thereto, FOR POSSIBLE ACTION Background Information: With the resignation of Fire Chief Jack Snyder, the City of Elko Fire Chief position is vacant. The position of City of Elko Fire Chief is classified as an Appointed Official, and serves at the pleasure of the City Council. A copy of the current position description has been included in the agenda packet for review purposes. Staff suggests the following three (3) options with regard to filling the Fire Chief position. Staff is seeking direction on which of the three options Council wishes to pursue. Option 1: A direct appointment of an internal (or external) candidate. This is the quickest option, assuming a singular, qualified candidate is available and willing to assume the responsibility of serving as Fire Chief. If this is the option chosen and an internal candidate is selected, their position will be backfilled. Deputy Fire Chief, James Johnston, meets qualifications, has been acting Chief in Jack Snyder’s absence and has expressed interest in the Fire Chief position. February 14, 2023 City Council | Minutes Page 3 of 20  Option 2: An internal recruitment process. This option allows for potential internal candidates to apply and be considered for the position. This option will require additional HR and City Council involvement, and will take approximately 60 days to complete. If an internal candidate is selected, their position will be backfilled. If no selection is made, an open/competitive recruitment process would follow. Option 3: An open/competitive recruitment process. This option will provide the opportunity for external and internal candidates to apply simultaneously. This option will require the most HR and City Council involvement, and will take approximately 120 days to complete. If an internal candidate is selected, their position will be backfilled. This option takes the most time and HR resources but provides the largest applicant pool. SS Ms. Shurtz explained the three options are self-explanatory. It is Council's decision. Mayor Keener read a letter of recommendation from former Fire Chief Matt Griego (included in packet). After speaking to Deputy Chief Johnston, he is impressed, especially since receiving this letter from Mr. Griego. Councilman Morris was in support in appointing Mr. Johnston as the new Fire Chief. Councilman Stone stated he has spent some time with the Fire Department as a liaison. He was able to speak with Chief Griego regarding Mr. Johnston. Appointing him is the right thing to do. He is well supported by his peers. Councilman Puccinelli said he spoke to the Deputy Chief and was impressed with his vision of the future of the department. He is a local guy with a stake in the community. He is a firm believer of promoting from within. Option A is the best option. Councilwoman Simons agreed. He is always looking to improve himself with classes and other training. Jan Baum, City Manager, added that she has worked with James Johnston a lot recently. He seems very knowledgeable about the community. James Johnston thanked Council for considering him for the position. He enjoys working for the City. He loves to be around the people that respect him and he respects. He added that he does meet the basic qualifications for the job. ** A motion was made by Council Member Stone, seconded by Council Member Morris to appoint an internal candidate. This is the quickest option, assuming a singular, qualified candidate is available and willing to assume the responsibility of serving as Fire Chief. Deputy Chief Johnston meets the qualifications and has been acting as Chief in Chief Snyder's absence. Being that he has expressed his interest in the position, he would move with option 1. The motion passed unanimously. (5-0) February 14, 2023 City Council | Minutes Page 4 of 20  D. Review, consideration, and possible approval to reclassify the Recording Secretary position, update position description and title to City Clerk Technician II, and matters related thereto. FOR POSSIBLE ACTION Elko City Clerk, Kelly Wooldridge, submitted a request for classification review of the Recording Secretary position. The duties of the position have evolved over time, to the extent they no longer fit within the current class. Upon review, and pursuant to Elko City Policy 4.1.5 and 4.2.1, City Manager and HR suggest the position be reclassified from Grade 9 to Grade 12 of the Confidential Employee Compensation Schedule. The position description has also been updated, to accurately reflect the duties currently performed. SS Ms. Shurtz explained the City Clerk submitted a request for classification review of the Recording Secretary position. The duties of the position have evolved over time to the extent they no longer fit within the current class. Upon review and pursuant to City Policy, she and the City Manager suggest the position be reclassified from Grade 9 to Grade 12 of the Confidential Employee Compensation Schedule. The position description has also been updated. The redlined copy was included in the packet. The Confidential Wage Scale, we don't have positions in each of those grades. It is currently at a Grade 9. The next populated grade is Grade 12 and that is where the Administrative Assistants are. Mayor Keener thought everything looked straightforward with the changes. Ms. Baum provided some context to him so he was on board. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the position reclassification updated position description and title as presented. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of City Clerk Technician I position description, and classification plan, and matters related thereto. FOR POSSIBLE ACTION This position is currently titled as Business License Technician. HR has prepared an updated position description, and position title, to accurately reflect the current job duties and requirements of the position. Staff suggests the position remain in the current pay grade, which is in the Operating Engineers wage schedule, Grade 9 (current range from $23.91 to $27.01/hour). SS Ms. Shurtz explained we are trying to keep the naming of the positions more consistent. There is an update to the position description. We are asking the experience in the description be changed to "2 to 4 years’ experience" instead of just a 4 year requirement. It gives us a broader candidate base if we are recruiting for it. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the City Clerk Technician 1 position description, with the change of 2 to 4 year experience. February 14, 2023 City Council | Minutes Page 5 of 20  The motion passed unanimously. (5-0) VIII. APPROPRIATION A. Review and possible approval of General Warrants and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the general warrants in the amount of $643,213.50. The motion passed unanimously. (5-0) B. Review and possible ratification of Utility refund payments and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the utility refunds in the amount of $1,135.28. The motion passed unanimously. (5-0) C. Review and possible ratification of General Hand-Cuts checks and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the general hand-cut checks in the amount of $218,757.71. The motion passed unanimously. (5-0) D. Review, consideration and possible authorization for Staff to apply for Federal Aviation Administration Grant # AIP 3-32-0005-05-060-2023 Rehabilitate Air Carrier Terminal Apron Phase II, Construction, and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. As such, Staff is preparing to submit a grant application for the construction of Terminal Commercial Apron at the Elko Regional Airport that has been compromised by alkali–silica reaction (ASR). The purpose of this project is to: 1) rehabilitate portions of the existing terminal apron that have met their original design life; the 2018 NDOT pavement management evaluation rated the terminal apron in poor condition (PCI = 51) and the 2023 projected PCI = 37, recommending a major rehabilitation; and 2) rehabilitate the remaining terminal apron pavement area with the resealing of existing joints and slab spall repair (minor rehabilitation) A portion of Phase II will be funded with available AIP funds (AIP-060) and a portion will be funded with February 14, 2023 City Council | Minutes Page 6 of 20  available BIL AIG funds (AIP-061). The BIL AIG program is administered under the authority of the FAA Airport Improvement Program (AIP). JF Jim Foster, Airport Manager, explained we are in the design phase of that project through AIP 58. We have been designing this project for about a year. We are at the 90% submittals. He had included the different portions of what they will be doing to this project. The first item is the application for AIP funding. The FAA looks at these projects every three years, as far as discretionary funding goes. We think we have the funding available through them. It is based on bids. This is to apply for the first AIP grant for that. He asked that the next item be put off until after the third item. This is authorization to apply for AIP 60. Mayor Keener said we have heard about this for quite a while. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to authorize the staff to apply for Federal Aviation Administration Grant number AIP 3-32- 0005-05-060-2023 to rehabilitate Air Carrier Terminal Apron Phase II. The motion passed unanimously. (5-0) F. Review, consideration and possible authorization for Staff to apply for Federal Aviation Administration Grant # AIP 3-32-0005-05-061-2023 Rehabilitate Air Carrier Terminal Apron Phase II, Construction, and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. As such, Staff is preparing to submit a grant application for the construction of Terminal Commercial Apron at the Elko Regional Airport that has been compromised by alkali–silica reaction (ASR). The purpose of this project is to: 1) rehabilitate portions of the existing terminal apron that have met their original design life; the 2018 NDOT pavement management evaluation rated the terminal apron in poor condition (PCI = 51) and the 2023 projected PCI = 37, recommending a major rehabilitation; and 2) rehabilitate the remaining terminal apron pavement area with the resealing of existing joints and slab spall repair (minor rehabilitation) A portion of Phase II will be funded with available AIP funds (AIP-060) and a portion will be funded with available BIL AIG funds (AIP-061). The BIL AIG program is administered under the authority of the FAA Airport Improvement Program (AIP). JF Mr. Foster explained this portion of it is part of the bill funding that Congress recently passed. Those funds were allocated to commercial service airports based on a number of factors, entitlement, enplanements, etc. We were granted an additional $1 million of bill funding for the next five years, on top of our entitlement funding that we receive through the normal process. We will dip into that funding to help offset the costs to be able to complete this project. Mayor Keener asked on the bill funding, if that is federal infrastructure dollars, is that subject to the match? Mr. Foster answered yes, it is. February 14, 2023 City Council | Minutes Page 7 of 20  Mayor Keener asked about the condition out there. He has seen samples of the concrete. This time of year with the freeze/thaw cycles, he thought there may be more of that. Mr. Foster answered we spent 10 years in litigation trying to get this ASR situation mitigated. We finally got to the useful lifespan of the concrete but there are sections of concrete that have already repaired that we self-funded. There are some sections of concrete with this extreme weather that are blowing up. It is similar to 5 years after having had this project completed before. That was when we noticed the concrete blowing up. We have been fortunate to get to this time period. There is a cone sitting on the terminal where the concrete has heaved up. It has been 20 years and it is time to replace it all. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to authorize staff to apply for FAA Airport Improvement Program Grant Number 61, 3-32-0005- 061-2023. The motion passed unanimously. (5-0) E. Review, consideration, and possible authorization for Staff to solicit bids for Airport Improvement Project No. 3-32-0005-060-2023(AIP 60) and 061-2023(AIP 61) Rehabilitate Air Carrier Apron, and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations.The purpose of this project is to: 1) rehabilitate portions of the existing terminal apron that have met their original design life and 2) rehabilitate the remaining terminal apron pavement area with the resealing of existing joints and slab spall repair (minor rehabilitation) A portion of Phase II will be funded with available AIP funds (AIP-060) and a portion will be funded with available BIL AIG bill funds (AIP-061). This project is estimated to cost a total of $ 5,986,341.00 federal share with a 6.25 percent local match of $ 399,089. Total overall cost of $6,395,430.00. One (1) contract will be issued to the lowest responsive bidder and brought back to council for approval. JF Mr. Foster explained this coordinates with the maps he handed out (attached). The yellow or the brown areas of the map are where we will do minor rehabilitation. The other portions are the major rehabilitations. We have come up with a 120-day process to complete this project. We have talked to TSA and SkyWest and have started the process. We will impact operations for SkyWest but we will mitigate the shut-downs. We are waiting for authorization from the FAA to do the 100% submittals to go to bid. We are looking at a June 1st timeline as far as receiving the grants. This will give us enough time to get the correct mix design from the selected construction company. We are hoping to have this completed in the first part of November. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to authorize staff to solicit bids for Rehabilitate Air Carrier Apron Airport Improvement Project 3-32-005-060 and 061 (AIP 60/61) February 14, 2023 City Council | Minutes Page 8 of 20  The motion passed unanimously. (5-0) VI. PRESENTATION (Cont.) B. Oath of Office for incoming City Manager Jan Baum, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener administered the Oath of Office to Jan Baum, City Manager. Jan Baum said thank you for everybody’s support. She looks forward to her new position. IX. NEW BUSINESS A. Review, consideration, and possible approval of a Golf Professional Agreement between the City of Elko and Richard Longhurst, PGA, and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting on January 26, 2023 City Council accepted the recommendation of the RFP review committee to enter into negotiations for the Golf Professional with Rick Longhurst. The Golf Professional Agreement with Rick Longhurst as negotiated in attached. JB Ms. Baum, explained she had the privilege of working with Mr. Longhurst the last couple of weeks. We came to an agreement and the contract is attached. Several Councilmembers stated they didn't get the attached agreement. Kelly Wooldridge, City Clerk, stated it was added to the agenda this morning. It should be in the agenda packet now. Ms. Baum noted we are dealing with some server issues right now. Mayor Keener asked if there were any sticky points where they went back and forth on things? Ms. Baum summarized the agreement for those that didn't get to read it thoroughly. Councilman Morris thought it was a good contract and that it would work out nicely for Mr. Longhurst. He was glad Mr. Longhurst decided to come out of retirement. Mayor Keener asked if this was the same template we have used for previous golf pros. Ms. Baum answered yes. We used the contract with Duncan Golf Management as our template and then made changes. She mentioned that Dave Stanton has reviewed the contract too. Councilman Stone asked if all proceeds in the pro shop, he will provide for it? February 14, 2023 City Council | Minutes Page 9 of 20  Ms. Baum answered he will be buying all of his own merchandise, sell it and provide staff. If he is able to get an assistant golf pro, the City will contribute $15,000 a year to that on a reimbursement basis. Rick Longhurst, Golf Pro, said in the Duncan contract, everything was paid for by the City. He will be paying 100% of the labor. I will pay all my staff myself. Mayor Keener asked Mr. Longhurst if there was any part of the agreement he had any trepidation with. Mr. Longhurst answered not really. It has been a pleasure to work with Ms. Baum. Comparing this contract with Duncan isn't fair because it was a different kind of deal. This is far more similar to the contract he had with the City previously. Mayor Keener asked if the merchandise was suitable quality, that it has value to him. Mr. Longhurst answered that some of it is a year old. He understands the position the City was in. He thought he would just be buying the logo merchandise. After looking at it and the City being more than fair with the rest of the contract, he can handle it. They will work it in. He has a new logo for the merchandise coming in. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the Golf Professional Agreement between the City of Elko and Richard Longhurst, PGA. The motion passed unanimously. (5-0) Mr. Longhurst said he appreciates the vote of confidence. It was great working with Jan Baum. It is bittersweet for him because it was 40 years ago when he stood here and signed his first contract with the City of Elko. He was at the golf course for 29 years. He spent the last 11 years doing other things all golf related. He is humbled and appreciates the opportunity. He won't let Council down. D. Review, consideration and possible action on the Ruby View Golf Course Food & beverage Concessionaire, including the selection of a qualified individual or company to enter into negotiations with, and matters related thereto. FOR POSSIBLE ACTION A total of four (4) proposals were received for the Ruby View Golf Course Food & beverage Concessionaire. One (1) was received after the deadline and one (1) stated if their company was not chosen for the golf operations management, the proposal would be rescinded. The two (2) remaining proposals were reviewed by the Selection Committee: JD’s Golf Management, LLC and Karr Enterprises. Copies both Golf Professional Proposals have been included in the agenda packet for review. While the Committee was impressed with both, the committee recommends the City begin contract negotiations with JD’s Golf Management, LLC for the Ruby View Golf Course Food & beverage Concessionaire. February 14, 2023 City Council | Minutes Page 10 of 20  Regardless of the City Council’s final decision, it must be contingent upon successfully negotiating an agreement with the Concessionaire. Staff anticipates a final agreement will be presented for consideration at the February 28, 2023 or March 14, 2023 City Council meeting. JB Jan Baum, City Manager, explained the committee reviewed all of the RFP's. After tallying all the scoresheets, and a good discussion with the committee members, we came to the recommendation that the City negotiate a contract with JD's Golf Management for the Food and Beverage Concessionaire at the Golf Course. We felt JD's fit our business concept of the golf course a bit better and the percentage of revenue that JD's offered was substantially higher than the other applicant's. In the RFP it did state that the percentage fee shall be no less than 20% of gross income in exchange for the restaurant and bar facilities and all it included. Both applicants were present. Mayor Keener asked if either of the applicants wanted to say anything. Mr. Karr did send them an email regarding financials (attached). Mr. Karr hoped everyone had a chance to read that over. Reviewing that and working with a consultant on food and beverage, he did not bid the 20% or higher because it is not feasible. You cannot make money doing that. He wished the City looked at their facilities with a higher regard. The work done at the river is a very nice complex. He sees, with the Boys and Girls Club, what they are doing with the pool and wanted to do the same thing with the food and beverage at the golf course. It should not just be a concession stand for a few golfers. All the other properties he has will be doing over $1 million a year and much more on some of them. He asked Council to reconsider what the committee recommended. Joseph Dendary, JD's Golf Management, said he has ran the golf course in Winnemucca for 9 years, as far as food and beverage. He has been successful there too. As far as gross income goes, a company called Lightspeed, there is a total sales and gross profit. They recommend the rent and everything else comes out of that number. If entered into negotiations, that would be what we talk about. Mr. Karr said Mr. Dendary just mentioned gross profit and the 25%. He agrees that is economically feasible but that is not was in the RFP. It states gross sales and that is where the confusion is coming from. Ms. Baum said the intention of the RFP was gross revenue. Councilman Morris said when they first got the proposals, they looked at the numbers. Ms. Baum ran all the numbers for them. The 8% that Karr Enterprises was proposing, they didn't see how that would even hardly pay the utilities at the clubhouse. The business plans were night and day. Mr. Karr's was elaborate with a full menu. To be honest, he was looking for a concession stand/snack bar. Ruby View is not set up to be a full-blown restaurant. It worked in Spring Creek because they have a brand new building. Looking at JD's proposal, that is more what we are looking for at Ruby View. It will help us supplement some of the expenses on Rick's side. We have to pay for that golf pro somehow. Will Moschetti, 312 Oak, stated he was on the selection committee. These were two good proposals but completely different. We can't pay the utilities on 8% of the gross revenue. If one refrigerator February 14, 2023 City Council | Minutes Page 11 of 20  died, we are upside down. The financial difference was great. He has been to the facility in Winnemucca and JD does a good job. We don't have a full kitchen at the golf course. James Wiley, Parks and Recreation Director, added he was the one member that had Karr Enterprises rated slightly higher than the other proposal. He based it on experience. He felt Karr's success would carry over to the golf course. Mayor Keener said he would like to see a bigger menu and more dining options in the future and maybe it can be a destination. We can't entertain that given what was presented with the numbers. If there is a demand for more upscale items on the menu, would JD be willing to entertain that? Mr. Dendary indicated yes. Councilman Puccinelli felt we do not need to get into the restaurant business. If we do, we are competing with the businesses in town. He was in favor or JD's proposal. Councilman Stone asked if the food and beverage manager will be local or will his people be driving back and forth. Mr. Dendary answered his plan is to be here 3-4 days a week, depending on events. He will have lead bartenders and cooks from here to get the season started. He will also bring over existing staff from Winnemucca for the first couple of weeks for training. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to accept the City to begin contract negotiations with JD's Golf Management LLC for the Ruby View Golf Course Food and Beverage Concessionaire, contingent upon successfully negotiating an agreement with JD Golf. The motion passed unanimously. (5-0) X. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 878, an ordinance repealing and replacing Elko City Code Title 8, Chapter 7 (Street Vacation Procedures) to modify the process for vacating or abandoning City Rights-of-Way or Easements, and matters related thereto. FOR POSSIBLE ACTION The first reading of Ordinance No. 878 was conducted on January 24, 2023. No changes have been made since the first reading. MR Michele Rambo, Development Manager, explained this is the second reading. They made one proposed change that Council wanted at the first reading. They haven't made any changes since and she had not received any comments from members of the public. Mayor Keener called for public comment without a response. February 14, 2023 City Council | Minutes Page 12 of 20  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve second reading, public hearing and adoption of Ordinance No. 878. The motion passed unanimously. (5-0) IX. NEW BUSINESS (Cont.) B. Review, consideration, and possible approval of a Deed of Dedication for Right-of-Way and Slope Easements, for Pinion Road, on APN 001-928-004, and matters related thereto. FOR POSSIBLE ACTION This section of Pinion Road Right of Way is the last section need to connect Pinion Road from Errecart Blvd. to Winchester Dr. This is needed for the implementation of the American Rescue Plan Act (ARPA) funded project to construct water lines from the Southside Tanks along Errecart Blvd. to Lamoille Highway, and along Pinion Road to Winchester Drive. BT Bob Thibault, Civil Engineer, explained this is the last bit of Right-of-Way we needed. We have been working with all of these property owners for a while now to acquire the Right-of-Way. This is enough to get the project done we want to build this summer. There is still a bit of the west end of Errecart that we will need to connect back into Bullion Road eventually. Mayor Keener stated he knew how much work had gone into this already. He called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to accept the Deed of Dedication for Right-of-Way and Slope Easements along a portion of Pinion Road on APN 001-928-004. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of revised bylaws for the Stormwater Advisory Committee, and matters related thereto. FOR POSSIBLE ACTION The Stormwater Advisory Committee Bylaws were last updated in 2012. The existing bylaws require that the City Council appoint the chairperson of the committee. No other City advisory committee is set up with this requirement and instead appoint their chairperson internally. In order to create consistency among City advisory committees, an amendment to the bylaws was initiated by the Stormwater Advisory Committee. While making this change, Staff took the opportunity to make grammatical changes and change the responsibility of keeping minutes from the Secretary to the City Clerk to conform with other committees. The Stormwater Advisory Committee formally voted to recommend the changes to the bylaws at their meeting of November 16, 2022. MR February 14, 2023 City Council | Minutes Page 13 of 20  Michele Rambo, Development Manager, said there was nothing to add but would answer questions if needed. Mayor Keener said that is one of the most exciting committee assignments within the City of Elko. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the proposed revised bylaws for the Stormwater Advisory Committee. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty of the Ruby Mountain Peaks Subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Bailey and Associates LLC entered into an agreement to install improvements for the Ruby Mountain Peaks Subdivision on March 9, 2021. The agreement is set to expire on March 9, 2023. Bailey and Associates LLC has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. MR Ms. Rambo explained this is the one-year extension for Ruby Mountain Peaks subdivision. They have been working diligently to get their project complete but they have run into some of the same issues that other developers have had that we have seen lately. They have also had a hold up with NDOT for several months. Staff believes they have ample reason to be granted this extension. Mayor Keener agreed. He has seen a lot of activity going on. Tom Hannibus, Bailey and Associates LLS, was present on the GoTo Meeting and stated he was available for questions. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty for the Ruby Mountain Peaks subdivision. The motion passed unanimously. (5-0) F. Review, consideration, and possible approval for the City of Elko, Nevada, a municipal corporation, by and through the Elko Police Department, to enter into a Memorandum of February 14, 2023 City Council | Minutes Page 14 of 20  Understanding (MOU) with Vitality Unlimited, and matters related thereto. FOR POSSIBLE ACTION The purpose of this MOU is to ensure access to quality behavioral health care and coordination of services to individuals in crisis. Vitality Unlimited includes Vitality Integrated Programs in Elko, Carson City, Reno, and Dayton, Nevada and Residential Substance Use Disorder Treatment programs in Elko and Carson City, Nevada. The Elko Police Department would be entering into this agreement to inform individuals in crisis that behavioral health services are available and to call Vitality’s crisis line to request Vitality’s mobile therapy van when appropriate. The City Attorney has reviewed the agreement and has found it satisfactory. There is no financial burden to the City of Elko. TT Chief Trouten explained this has been a push for several years to always try to address the lack of resources in the area. Vitality Integrated Programs has been a big part of it over the years. This is basically a memorandum of cooperation between entities to better assist our citizens. Marianne McKown, Vitality Unlimited, said we have been working with the City and we look forward to furthering our relationship. Mayor Keener thanked her for what they do in the community. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the City of Elko, Nevada, a municipal corporation, by and through the Elko Police Department, to enter into a Memorandum of Understanding (MOU) with Vitality Unlimited. The motion passed unanimously. (5-0) G. Review, consideration, and possible approval of the 2023 City of Elko Land Inventory update, and matters related thereto. FOR POSSIBLE ACTION City of Elko Land Inventory spreadsheet and map are to be updated when necessary. Planning Commission reviewed the modifications at their February 7, 2023 meeting and recommended to City Council to approve the updated land inventory. CL Cathy Laughlin, City Planner, explained in the past, we have gone through the land inventory but we have really just added new parcels the City has purchased, or we have removed parcels the City has sold. We haven't really gone through an extensive reconciliation like we did this year. After the audit last year, Jan provided her with the asset listing that is in our financial side of it. We compared that to our land inventory and then we started reconciling it with Elko County. This reconciliation took us months to complete. Some were minor errors but others were missing parcels and other significant changes. She gave them a summary of the major changes. Now the County records and our records match. Mayor Keener asked if this affects our accounting. February 14, 2023 City Council | Minutes Page 15 of 20  Lowell Black, Financial Services Director, answered no. What they have done is a great thing. It will not cause any major changes to any values in the balance sheets. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the updated 2023 City of Elko Land Inventory. The motion passed unanimously. (5-0) H. Review, consideration, and possible action to accept the 2022 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 7, 2023, the Planning Commission took action to approve the 2022 Annual Report of Planning Commission Activities and forward it to City Council. CL Ms. Laughlin went over the attached list of Planning Commission Activities. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to accept the 2022 Annual Report of Planning Commission Activities. The motion passed unanimously. (5-0) J. Review, consideration and possible approval of Ruby View Golf Course Advisory Committee By-Laws, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee By-Laws have been revised and are attached. The prior By-Laws were specific to a Financial Advisory Board. The revised By- Laws are similar to the Parks and Recreation Advisory Committee By-Laws and are not be specific to financial advisory. JW James Wiley, Parks and Recreation Director, explained during the pandemic, the committee was not able to meet and all of the terms expired. The committee was formerly known as the Golf Financial Advisory Committee. Based on some input from Curtis and Councilmembers, we want to broaden that scope. It can deal with policies and management and other aspects related to Ruby View Golf Course. He went over proposed changes to the bylaws. He asked for some wording changes in the Bylaws; he misnamed the Men's Association and the Women's Association. Kelly Wooldridge, City Clerk, noted these bylaws were not the ones she had made changes to but she thought he covered all the changes. If there were any more changes, they were minor. Mayor Keener called for public comment without a response. February 14, 2023 City Council | Minutes Page 16 of 20  ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve of the Ruby View Golf Course Advisory Committee By-Laws with changes noted by James Wiley, including the naming of the Men's Association and the Women's Association. The motion passed unanimously. (5-0) I. Consideration and possible authorization to advertise for all five (5) vacant positions on the Ruby View Golf Course Advisory Committee, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Financial Advisory Committee was discontinued during the COVID Pandemic. City Staff would like approval to advertise for all five (5) vacant seats on the Ruby View Golf Course Advisory Committee. JW Mr. Wiley explained we are asking for authorization to advertise for these vacancies. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to authorize staff to advertise for all vacant positions on the Ruby View Golf Course Advisory Committee. The motion passed unanimously. (5-0) XI. REPORTS A. Mayor and City Council Mayor Keener asked if everyone on the board had the information on the weekly legislative meetings that will be held with Senator Goigoechea and Bert Gurr. He asked Jan to send out the information to those that don't have it already. Kelly Wooldridge said she is also tracking all of the bills that could affect the City. If you have questions about any one in particular, let her know. Jan and she are attending the Nevada League of Cities meetings to stay on top of it all. Jan Baum asked Dave Stanton if three or more Councilmembers could join that weekly meeting. Dave Stanton answered that Open Meeting Law does not prohibit the Councilmembers from being in the same place at the same time, but it prevents them from deliberating towards a decision. That is always a risky thing when they are in one location. If that is going to happen, the Councilmembers present need to be extremely careful not to engage in any discussion. Mayor Keener said there is a meeting that is happening on Wednesday, February 22nd. Larry Hyslop has been a real advocate for healthcare in Elko. They are having a meeting at the Terraces. He has a prior commitment that evening. They asked for someone from City Council or from the City organization to attend. He asked the other members if they are available to attend it. February 14, 2023 City Council | Minutes Page 17 of 20  Councilman Puccinelli said he would check his schedule. Mayor Keener said along those lines, you probably saw an article in the paper that UNR School of Medicine pulled the plug on their residents program. That is a setback. Councilman Stone is getting information from the Nevada League of Cities regarding the DC Event they are having. There will be a Nevada Delegation going back to Washington DC on March 20th. He asked Councilman Stone if he was still going. Councilman Stone answered he is still trying to work out the details. He did get an email from her but he is still needing flight schedules to make it work. Mayor Keener asked him to forward the package from Christine Johnson to Jan so she can send it out to the rest of the board to see if anyone else wants to attend the DC Event. Councilman Stone said it was a great event last Saturday. The Mayor was there. The Elko High School put on a suicide prevention event. It was very well attended. B. City Manager No report. C. Assistant City Manager Scott Wilkinson reported he declared a cold weather emergency the 29th through the 6th. The City rented ten rooms. He declared another one from the 10th with checkout on the 16th, and he extended that an additional day. The City rented eight rooms. It may need to be extended through the 18th but we will watch the weather. Mayor Keener said Anthem has a utility bill. Have they made good faith to get that cleared up? Mr. Wilkinson said Dave Stanton sent them a letter asking for a response. We received an email and they indicated they are trying to decide between Anthem and SCI who is responsible for what. Dave Stanton added they were expecting a formal response to our demand by tomorrow. We did receive a quasi-response but it is really just a placeholder telling us they are looking into it. After tomorrow, we will reassess and see what the next steps are. There are some remedies if we decide to pursue. D. Utilities Director No report. E. Public Works Director Absent. February 14, 2023 City Council | Minutes Page 18 of 20  F. Airport Manager No report. G. City Attorney No report. H. Fire Chief No report. I. Police Chief No report. J. City Clerk No report. K. City Planner No report. L. Development Manager No report. M. Financial Services Director Lowell Black reported they are getting started on the budget. N. Parks and Recreation Director James Wiley reported since we had to shut down the lift at the SnoBowl, they have been working with a mechanic. He spent several days working up there with staff and now the lift is functioning and has been deemed safe. There are a couple minor things he needs to touch up but he hopes to get one more weekend at the SnoBowl. The pool had to be closed down again due to a malfunction with the boiler. There was some gas leakage that was fixed this morning, but then we detected another issue with the boiler. The pool will remain shut down until the parts arrive. O. Civil Engineer No report. February 14, 2023 City Council | Minutes Page 19 of 20  P. Building Official Absent. XII. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. There being no further business, Mayor Reece Keener adjourned the meeting at 6:24 pm. Mayor Reece Keener Kelly Wooldridge, City Clerk February 14, 2023 City Council | Minutes Page 20 of 20