Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS December 12, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, December 12, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Pro Tempore Mandy Simons. 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: Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Reece Keener, Mayor City Staff Present: Diann Byington, City Clerk Technician II Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief III. PLEDGE OF ALLEGIANCE December 12, 2023 City Council | Minutes Page 1 of 10 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. November 28, 2023 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services (order amended October 24, 2023) 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. KW Kelly Wooldridge, City Clerk, said Chief Trouten will explain further on the removal of unauthorized persons. Part of the problem we are running into right now is that they have acknowledged receipt of the certified letter we sent with the amended order in it. He acknowledged receipt of it through email. He has yet to sign the certified mail receipt and send that back. She and Michael Hanley have done searches through the Post Office to find where the certified letter is and have not found it. We don't know if he has it and has not returned the receipt. We may need to re-mail another letter. We cannot do the background checks unless we have that receipt according to code. There is no update on the fence and the cameras. Chief Trouten stated the fence has nothing to do with security. The Crime Suppression Unit has been following a car around town and has witnessed it going to the Elko Inn and other houses associated with drugs. There are people that are not supposed to be there, living there, that are known narcotic December 12, 2023 City Council | Minutes Page 2 of 10 users. Illegal activities are continuing but on the down-low. From his standpoint, they are not fulfilling their part by keeping the place secure. Mayor Pro Tem Simons asked if we need to put this back on the agenda again. Councilman Morris asked about the water bill. Ms. Wooldridge said they have not paid their water. She was told there was a sani-hut in their parking lot. Councilman Stone stated there were some toilets sitting in the parking lot. Dave Stanton, City Attorney, said we can bring this back to Council as an action item in January. B. Presentation of Retirement Plaques by the Mayor in recognition and appreciation to Betty Nield, Facilities Maintenance Tech, and Vicki Cooper, Animal Shelter Worker, Animal Shelter, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Pro Tem Simons presented a plaque to Vicki Cooper for her many years of service to the City of Elko. Alyssa Magnum said a few words about working with Ms. Cooper. Vicki Cooper said thank you for the years and the opportunity. Mayor Pro Tem Simons noted Betty Nield was absent. VII. CONSENT AGENDA A. Review and possible approval of an agreement between the City of Elko and William Wright, D.V.M., for the provision of independent contractor services on behalf of the City of Elko Animal Shelter, and matters related thereto. FOR POSSIBLE ACTION The City of Elko and Dr. William Wright desire to renew the Veterinarian Contract through December 31, 2024. Under this contract, LASSO reimburses the City of Elko for all fees paid. JB B. Review, consideration, and possible approval of 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, and matters related thereto. FOR POSSIBLE ACTION The proposed agreement is a simple renewal of the current agreement that was approved on November 22, 2022. If approved, the proposed agreement will be effective on January 1, 2024. JB December 12, 2023 City Council | Minutes Page 3 of 10  C. Review, consideration, and possible approval of revisions to the Arts and Culture Advisory Board Bylaws, and matters related thereto. FOR POSSIBLE ACTION The proposed revisions adjust the required quorum to reflect a prior revision which adjusted the board to five persons from seven, address how vacant positions will be advertised and meeting attendance. SAW Item C was pulled from the consent agenda. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the consent agenda with the exception of Item C. The motion passed unanimously. (4-0) VIII. PERSONNEL A. New hire introduction(s) 1. Rachel Hooper, Police Records Technician, Police Department 2. Stephanie Estrada - Animal Shelter Worker II, Animal Shelter Rachel Hooper was present and introduced. Stephanie Estrada was absent. B. Review, consideration, and possible approval of updated list of comparable entities, for use in the current classification and compensation study, and matters related thereto. FOR POSSIBLE ACTION Pontifex Consulting Group was selected as the consultant to complete the classification and compensation study for the City of Elko non-represented positions at the City Council Meeting on September 26, 2023. The City Council previously approved a list of comparable agencies in 2013 which included out of state entities. For the purposes of this classification compensation study, we have researched comparable entities in the State of Nevada. Using comparable entities within the state will ensure consistent comparison with regard to tax, benefits, retirement benefits, and markets. The list of suggested comparable entities is included in the packet for your review, as well as the previously approved list. SS Susie Shurtz, Human Resources Manager, explained Candi Quilici did some digging in to these agencies to make sure we were comparing similar agencies. In the past we have had agencies from out of State. Nevada PERS is a great benefit and that makes it hard to compare some benefits. Pontifex felt this was a good list to use. Mayor Pro Tem Simons called for public comments. Councilman Morris felt it was good to stay with in-state comparisons. December 12, 2023 City Council | Minutes Page 4 of 10 ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the updated list of comparable entities for use in the current classification and compensation study. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of the updated Safety Sensitive Positions List for the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION The City of Elko Human Resources Personnel Policy Manual defines safety sensitive positions as “positions which may, in the normal course of business require the employee to operate a vehicle or heavy equipment on a regular and recurring basis; and/or involve job duties which, if performed with inattentiveness, errors in judgment or diminished coordination, dexterity, or composure, may result in mistakes that could present a real and/or imminent threat to the personal health and safety of the employee, coworkers, and/or the public, including positions that require use of dangerous tools/equipment; performance of job duties at heights; use of dangerous chemicals; or carrying firearms in the performance of job duties.” The Safety Sensitive Positions List was last updated in 2008, and we are looking for the City Council review and possible approval of the updated list. SS Ms. Shurtz explained mainly this list has been updated to be consistent with our updated policy 2-9- 10. This is what we use for drug testing and who gets pre-employment drug testing. Based on this proposed list, we will be adding positions from the Animal Shelter, Animal Control, Building Department, Engineering, the lab, and others. Councilman Stone asked if these positions were being fingerprinted. Ms. Shurtz answered some of them are. The positions that work with children will be fingerprinted. This list was sent out to all of the managers for review. We also discussed this at the manager meeting. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the revisions to the Safety Sensitive Positions List, which will be included in the City of Elko Human Resources Personnel Policy Manual as presented. The motion passed unanimously. (4-0) IX. APPROPRIATION A. Review and possible approval and/or Ratification of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the regular warrants in the amount of $1,155,106.99. December 12, 2023 City Council | Minutes Page 5 of 10  The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the hand-cut checks in the amount of $90,526.54. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the utility refunds in the amount of $639.66. The motion passed unanimously. (4-0) B. Review, consideration, and possible issuance of final acceptance for the Ruby Vista Drive Curb and Gutter Project, and matters related thereto. FOR POSSIBLE ACTION At the July, 25, 2023 meeting, Council awarded the Ruby Vista Drive Curb and Gutter Project to Ruby Dome Inc., in the amount of $758,504.75. The project is completed in conformance with the plans and specifications. There were three change orders for the project, both additive and deductive, for a total increase of $9,385.62, resulting in a final cost of $767,890.37. SAW Paul Algerio, Street Superintendent, explained this was one of our capital construction projects for the year. He recommended final acceptance. Councilman Stone said he noticed where the seam is, there appears to be some flaking. He thought it needed to be looked at. Mr. Algerio said there will be some flaking for a bit, but when it is done flaking, it should be smooth. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to issue final acceptance for the Ruby Vista Drive Curb and Gutter Project in the amount of $767,890.37. The motion passed unanimously. (4-0) C. Review, consideration, and ratification of final draw down and closeout of Federal Aviation Administration Grant # AIP 3-32-0005-058-2022 Reconstruct Air Carrier Terminal Apron Phase I, Design only, and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project # AIP 3-32-0005-058-2022 Reconstruct Air Carrier Terminal Apron Phase I, Design only was the design for the replacement of the terminal commercial apron that had been compromised by Alkali silica reaction. Jviation Inc. was the firm that provided the engineering services for the project. This project consisted of the design of the existing terminal aircraft-parking apron pavement rehabilitation and pavement December 12, 2023 City Council | Minutes Page 6 of 10  maintenance. The project included two federal and two non-federal schedules. The four project schedules were developed during the design to differentiate project work types (i.e., rehabilitation vs. maintenance) and to separate the federal and non-federal project work. The design documents were completed February 2023. The second phase of this project included the advertisement for bids, bid opening, contract award and construction. Bids were opened March 30, 2023 and exceeded the engineer’s project estimate. After bid analysis and discussions with the FAA, it was determined Fiscal Year 2023 federal funding was not available to award to the low bidder. Staff has been requested to close out the grant and perform the final draw down. JF Jim Foster, Airport Manager, explained this has been out there for a while. The bids came in high, much higher than the engineer's estimate. There was a meeting this afternoon regarding this proposed project. There has been a request from the FAA to close this grant out. The project is on the docket for 2024, so hopefully this can be done. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli for ratification of final draw down and closing out FAA Airport Improvement Program Grant #58 3-32-0005-058-2022. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of Change Order 1 to Great Basin Engineering Contractors, for quantity changes for completing earthwork for the Exit 298 Cattle Drive Water Line Project, and matters related thereto. FOR POSSIBLE ACTION Earlier this year Council made the decision to eliminate the water tank and related water line portion of the ARPA Funded Cattle Drive Water Line Project. The bid for the Cattle Drive Water Line Project was awarded and construction commenced in November 2023. Included in the project is constructing a water line & road from Tamarack Road to the existing road that was constructed to Exit 298 in 2016. This water line/road construction will result in approximately 6400 cubic yards of excess cut material. This cut material can be stock piled and utilized at a later date for the water tank and related water line portion of the project that was deferred or, while the contractor is on site, the contractor can use the excess cut material to extend the road towards the proposed water tank site and prepare the tank site. This extension work, which includes grading, compacting and culverts, would add $197,403.32 to the project but save the city money in the end by eliminating added costs of handling the material twice and additional mobilization and demobilization of machinery when it comes time to complete the water tank and related water line project. The added $197,403.32 still keeps the total expense of the construction company below the other bids and is within budget of the project. Technically this change is a bid tab quantity adjustment and does not require council approval but staff wanted council’s input because of the cost totaling nearly $200,000. DJ NO ACTION December 12, 2023 City Council | Minutes Page 7 of 10 X. NEW BUSINESS A. Review, consideration, and possible approval of a lease agreement between the City of Elko and Nevada Gold Mines, LLC a Delaware Limited-Liability Company at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION Nevada Gold Mines wishes to enter into a two (2) year lease agreement with the City of Elko at the Elko Regional Airport for the lease of 45 vehicle parking spaces located at the airport terminal. The current lease will with the option to extend will expire on December 31, 2023. JF Jim Foster, Airport Manager, explained this is a continuation of the current agreement with an addition of more spaces. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the lease agreement between the City of Elko and Nevada Gold Mines, LLC for vehicle parking spaces at the Elko Regional Airport. The motion passed unanimously. (4-0) XI. REPORTS A. Mayor and City Council Councilman Stone reported the ECVA has the new calendars out. Mayor Pro Tem Simons wished everyone a Merry Christmas. B. City Manager Absent. C. Assistant City Manager Scott Wilkinson reported they reached out to the hotelier that usually helps out during cold weather emergencies, and they are not available this year. He will reach out to others. D. Utilities Director Dale Johnson reported on Dale Drive and the change order. They are continuing to move material and they have determined that they may not have as much to move as they thought. E. Public Works Director No report. December 12, 2023 City Council | Minutes Page 8 of 10  F. Airport Manager Jim Foster said last week we had the ribbon cutting ceremony for the new aircraft. IDK Deli will have Santa and Pancho Claus at the Airport on the 14th and 15th. G. City Attorney Dave Stanton said Merry Christmas and Happy New Year. H. Fire Chief No report. I. Police Chief Chief Trouten reported it has been rough the last couple of weeks. We completed the annual Shop With a Cop last weekend and he thanked all the agencies that helped out. J. City Clerk Kelly Woodridge thanked the Christmas Committee for all the work they did for the Christmas Party. It is about that time of year again. We will have the Election Resolution at the next meeting in January. She also reminded Council to do their financial disclosure statements. K. City Planner No report. L. Development Manager Ralph Negron reported he met with the main contractor, RT Contractors, for the VA Cemetery. He received some prints today and Building will be reviewing it for fixture counts. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley said the SnoBowl is ready to open but we are lacking snow. We need 2 or 3 more storms before they can open. The swimming pool closes this week and will open back up the 29th of January. O. Civil Engineer P. Building Official December 12, 2023 City Council | Minutes Page 9 of 10  No report. 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 Pro Tempore Mandy Simons adjourned the meeting at 4:43 p.m. Mayor Pro Tem Mandy Simons Kelly Wooldridge, City Clerk December 12, 2023 City Council | Minutes Page 10 of 10