Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS May 14, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, May 14, 2024. 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 left at 6:26 pm Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Jan Baum, City Manager 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 via GoTo Dave Stanton, City Attorney Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief Julie Davis, Financial Services Director Jim Kerr, Water Superintentend Annette Robinson, City Clerk Technician I Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE May 14, 2024 City Council | Minutes Page 1 of 27 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 Mayor Reece Keener asked what the latest information is from the State of Nevada regarding the crickets. Jan Baum, City Manager, said as of this morning, Jeff Knight at the state said they are continuing to treat BLM areas around Elko and Spring Creek. There is an employee dedicated to Elko all week. 5th Street, Kittridge Canyon and Ryndon are being revisited as needed. Osino was treated last week. Both the county and the city are also treating various areas. Mayor Keener asked if aerial treatments work for juvenile crickets. Ms. Baum said yes. Mayor Keener said he is concerned because we're waiting on the federal government for a decision. That typically doesn't happen quickly. So hopefully there's enough pressure being exerted from different agencies and communities on them. He asked which agency specifically. Ms. Baum said it is the USDA. She added that a few months ago there was an article in the paper about money for cricket abatement. Only about $500,000 was specifically for Nevada, for aerial treatments. William "Bill" Hockstedler, 4621 Suntree Court, Pahrump, Nevada 89061, said he was running for Senate, District 19. He wanted to say hello and to hear what issues there were for the city. Tomorrow he was going to the county commissioners meeting for the same. If anybody wants to know more about him and his candidacy, he is available. It is a large district, but he is the right guy to represent it. On the ballot, he will show up as Hockstedler, William "Win with Hock". V. APPROVAL OF MINUTES A. 4/23/2024 Regular Session The minutes were approved by general consent. VII. PERSONNEL A. Employee Introductions: 1. Fawn Reyes-Bailey, Building Permit Technician, Building Department 2. Lane Cipriano, Part-time Evidence Technician, Police Department Jeff Ford, Building Official, introduced Fawn Bailey as the new Permit Technician. May 14, 2024 City Council | Minutes Page 2 of 27 Ty Trouten, Police Chief, said the department has been absent a part-time evidence technician for around a year. It's primarily responsibilities are redaction on police body worn camera videos, helping in the vault, and evidence entry & checking out. He introduced Lane Cipriano as the new part-time Evidence Technician. Mayor Keener welcomed them to the city of Elko. VI. PRESENTATION B. The City of Elko committed $1,913,805 to NV Health Centers for the Elko Behavioral Health Expansion. To date the city has paid $1,230,135 to NV Health Centers for this project. Representatives from NV Health Centers will give an update on the program and matters related thereto. NON-ACTION ITEM Patrick Rogers, Clinical Director of Behavioral Health for Nevada Health Centers (NHC), went over the six objectives in the Elko Behavioral Health Expansion Grant Update presentation provided in the agenda packet. He said recruiting has been a challenge. They have interviewed four candidates in the last month. They use recruiting agencies, word of mouth and professional connections, but would also like to work with the Council on finding creative ways to recruit providers. They have been increasing access for their patients with telehealth monitors in all of the schools. Mr. Rogers himself is an LCSW provider. From his office in Carson City, he is able to see students directly from the schools. They have a dedicated behavioral health telehealth room within the health center. They are also focusing on addressing social determinants of health that limit patient access, like transportation issues. Soon after receiving funding, they were able to hire a social service coordinator who has been trained in suicide prevention and intervention, human trafficking, domestic violence, and immigration issues. They have been successful in being able to hook patients to community resources. They have also done safe talks and participated in the Elko High Mental Health Expo as part of their community outreach and engagement. One of the most challenging areas has been psychiatry services. Often their primary care providers end up kind of as defacto psychiatrists, which is a difficult place to put them. They have been working with 11 different agencies that they can do a contract with for them to provide this type of service. NHC feels it is in the best interest of their patients to provide psychiatry services at a state level instead of going with a national level provider. They are in talks with Focus Mental Health and they are very close to signing an MOU with them. He thought they were a little bit behind on this objective. Some of the challenges were things like billing, HIPAA and PHI. These services will be done more through telehealth rather than on site. They have also had some hurdles with billing with Medicaid. Often patients were unable to be reimbursed for more than one visit per day. If they came in to see a medical provider, they could not see a behavior health provider at the same time and get reimbursed for it, which is a detriment. They have set up a perspective payment system (PPS) with Medicaid, which allows "warm hand offs" of a patient, from one provider to the next. May 14, 2024 City Council | Minutes Page 3 of 27 Mayor Keener said the reason they are here is because he had some concerns that have been voiced to him from members of the community, just feeling that Nevada Health Centers was falling short. He felt the ARPA funding the city received was a once in a lifetime opportunity. Nevada Health Centers was the largest recipient of about $1.9 million. The city was hoping to move the needle on behavioral health because it's been such a need in this community, particularly post-COVID. It is a three-year grant, and from his perspective it appears our taxpayers are not getting the value for their investment. Mr. Rogers said he understands the concerns. He thinks the biggest challenge has been recruitment of an on-site person. Mayor Keener said it's not necessarily that recruiting is the challenge, but rather retention. There's been 8 providers, he's been told, that Nevada Health Centers recruited, brought them to Elko, and of those that left NHC, seven are still working here in Elko in some capacity. They felt it was a very difficult environment to work in. He had heard a number of suggestions including having an executive level provider here in Elko that can actually make decisions that stick without having to go to Carson City for everything. He asked where the $87,000 earmarked for year 2 psychiatry service wages had gone. Kendall Looney, Director of Behavioral Health Operations at NHC, said they have not been spent. The $87,000 is enough for them to contract for a telepsychiatry. It wouldn't be enough for a full time salaried psychiatrist, which is why they've been vetting different telepsychiatry groups. They also think they'll have more stability going forward because they'll have a group of providers to pull from. Focused Mental Health Solutions, have 20 psychiatric providers on board. Once an MOU is in place, they will take steps towards starting to spend that money. Mayor Keener said he was told the position for a psychiatrist hasn't even been advertised. Ms. Looney confirmed but said due to the way the grant was written, it was always meant to be a contracted psychiatry service, so it was not a part of their strategy. Their strategy has been to provide psychotherapy primarily. Mayor Keener said one of the intents was to grow the number of providers that we have working here locally. They were doing telehealth before receiving the grant money and felt like it wouldn't have been much different if the city hadn't stepped up with the grant money. He wants them to be successful and to collaborate with them. Ms. Looney agreed. They have seen an increase in the number of patients served since the beginning of this grant period. They are providing primarily telehealth right now, but at the time they had a provider on site, the number of unique patients increasing per quarter a significant amount. She believes as soon as they can recruit another psychotherapist, they will see a similar increase. Mr. Hockstedler said he is the vice president of the Mayo Clinic in Rochester, MN. He has formed connections within the healthcare world over the last 30 years and might be able to help. A. Presentation of Appreciation Plaques to Judith Moschetti in honor of Wil Moschetti for his many years of dedicated service to the City of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM May 14, 2024 City Council | Minutes Page 4 of 27 Mayor Keener spoke about Wil Moschetti's contributions to the community over the years, including cleaning up Johnny Appleseed Playground, distributing dictionaries at the elementary schools each year, improving the golf course, and serving on various city advisory committees, including the Ruby View Golf Course Advisory Committee. Judith Moschetti said thank you. C. Reading of a proclamation by the Mayor in recognition of the month of May as "Tennis Month", and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation designating May 2024 as national tennis month. Rick Whittington, concessionaire for tennis in Elko, thanked the mayor and Council. More than 23.8 million people hit the courts in 2023, which is a 25% increase. Tennis is on the rise again across the country. According to multiple sources and studies, tennis has been shown to have a significant positive impact on the health of participants. Tennis players on average lived an additional 9.7 years more than a sedentary individual. The 9.7 additional years for tennis players ranked highest among all sports that were tested, with the study beating out soccer by five years, cycling by 6 years, swimming by 6 years and jogging by 6.5 years. Participation in racket sports such as tennis reduces the risk of all causes of mortality by 47% and cardiovascular related death by 56%. Over 380,000 high school students participated on tennis teams last year. And what happens to youth that play tennis? Well, 48% of them get better grades. 73% of them are better behaved, 81% say they'll attend college, 82% are more committed to the community and well-rounded and less prone or likely to indulge in smoking, drinking, drugs or being expelled. He hopes the grassroots efforts that have been made to date will continue to be supported by the city and community. D. Update on the public nuisance at 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 On March 12, 2024 City Council ordered Ville 837, LLC to further abate the nuisance by: May 14, 2024 City Council | Minutes Page 5 of 27  1. Boarding up all doors, broken windows and other openings that permit entry into the buildings on the property by unauthorized persons. 2. Remove all persons located on the property with certain exceptions 3. Revoking the amended order dated October 24, 2023 which permitted property management to provide security services and 4. Directed the city attorney to commence a civil action against Ville 837, LLC pursuant to NRS 268.4124. Staff and the City Attorney will provide City Council with an update on the abatement orders and the public nuisance. JB Ms. Baum said the civil penalty the city filed with Elko Inn is in process. Their counsel had 21 days to respond, which they did. The city has to wait for their council to get licensed in Nevada, as they are from Utah. They still have security, but it is not 24/7 as requested. The cameras are no longer working, but the police chief spoke to the security company, and they said they will get them going again. They have not come to the building department for any building permits as of today. Mayor Keener asked Dave Stanton, City Attorney, if the city enforces the daily fine, if it would be retroactive to the point to where it was instituted by the council. Mr. Stanton said no. It's a separate civil penalty that's imposed by the court pursuant to a statute, which is separate and apart from anything the council might have done in terms of declaring the nuisance and the other parts of the order. Mayor Keener asked if the defendant is dragging their feet, will the judge take that into consideration with any type of civil penalties. Mr. Stanton said yes. Part of the reason civil penalties exist is to discourage property owners from dragging their feet and to encourage them to abate the nuisance. Mayor Keener called for public comments without a response. VII. PERSONNEL (cont.) B. Review, consideration, and possible appointment of Diann Byington to the position of Elko City Clerk pursuant to Section 1.070(1)(a) of the Elko City Charter, and matters related thereto. FOR POSSIBLE ACTION The position of City Clerk is an appointed office pursuant to Section 1.070(1)(a) of the Elko City Charter. On March 26, 2024, the City Council directed staff to make a formal offer of employment to Diann Byington, who was selected by the City Council as the top City Clerk candidate. The City’s offer of employment, signed by Diann Byington on April 4, 2024, was expressly made contingent upon the successful completion of a background investigation. Upon review, Staff has concerns regarding the background investigation. These concerns will be presented to the City Council for consideration prior to the City Council deciding whether to appoint Diann Byington to the office of City Clerk. Per NRS May 14, 2024 City Council | Minutes Page 6 of 27  241.030(4)(d), the Open Meeting Law does not permit a closed meeting for the discussion of the appointment of any person to public office. JB Ms. Baum said there has been an update to this since the agenda went out. The candidate has not withdrawn from consideration for this appointment, but the candidate has resigned from the City of Elko effective May 9th, and so she would recommend not appointing Diann Byington as the Elko City Clerk. Mayor Keener called for public comments without a response. He asked Ms. Baum if she had been able to inform the others of the nature of what's going on. Ms. Baum said no, she had not. Mayor Keener asked if anyone felt like they needed more information in order to be able to vote on this item. Councilman Morris said no. Councilwoman Simons said no. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve to not appoint Ms. Diann Byington to the position of Elko City Clerk. The motion passed unanimously. (5-0) C. Review, consideration and possible action to temporarily fill the vacant appointed office of City Clerk, including one of the following two alternatives: (1) certification that the former City Clerk is recalled to the position of City Clerk to meet an emergency, finding that no other qualified person is immediately available or, (2) establishment of the office of Acting City Clerk in accordance with Section 1.070(2) of the City Charter and authorization for the City Manager to enter into a professional services agreement with a third party who is able to provide a qualified person to serve as Acting City Clerk and thereafter make an emergency appointment to the position of Acting City Clerk in accordance with City Policy, and matters related thereto. FOR POSSIBLE ACTION In the event the City Council does not appoint Diann Byington to the vacant appointed office of City Clerk, the City will not have a City Clerk or an employee available to perform the duties of the City Clerk. Staff believes that the City Council has two alternatives pending appointment of a permanent City Clerk: first, to recall the former City Clerk to serve as City Clerk for a period of 30 days or, second, to authorize an emergency appointment to the position of Acting City Clerk. First, if the City Council decides to recall the former City Clerk, in order to prevent adverse consequences to the former City Clerk’s Public Employees’ Retirement System (PERS) May 14, 2024 City Council | Minutes Page 7 of 27  benefits, pursuant to NRS 286.520(6) the City must certify in writing, in advance, that the former City Clerk is recalled to meet an emergency and that no other qualified person is immediately available, in which event PERS may waive for one period of 30 days or less the former City Clerk’s disqualification. Second, in the alternative, if the City Council decides to enter a professional services agreement with a firm that is able to provide a qualified person to serve as Acting City Clerk, the City Council must create the appointed position in accordance with Section 1.070(2) of the City Charter, and may then authorize the City Manager to enter into the professional services agreement on behalf of the City with the power to make the emergency appointment in accordance with City Policy. One of these alternatives is necessary to permit the City to conduct business while completing the recruitment process for the next permanent City Clerk. JB Ms. Baum said they have had a lot of discussion about the possibilities while they go through a recruitment process. Management's recommendation is to appoint an Acting City Clerk that is part of the current management team. They recommend Cathy Laughlin, City Planner. Out of the two alternative motions, if council agrees, they would go with alternative #2, and strike letter D, which states, "The City Manager is authorized to enter into a professional services agreement with a third party who is able to provide a qualified person to serve as Acting City Clerk." Management believes Ms. Laughlin is qualified to serve in this temporary capacity. Councilwoman Simons asked if Ms. Laughlin would then be doing two jobs. And felt like that would be a lot. Ms. Baum said yes and agreed. The RDA project has been postponed, which took a lot off her plate. Her workload was a consideration. The appointment would continue until the position is permanently filled. Mayor Keener said there are a number of vacancies in the city. Many of the managers have stepped up and are doing multiple jobs, as well as employees. Council appreciates everyone's flexibility. The management team's recommendation carries a lot of weight with him and thinks it's the right way to go. Councilman Stone asked Ms. Laughlin if she was willing to do it. Ms. Laughlin said she is willing. Councilman Morris asked if there is a compensation package involved. Ms. Baum said they will have to go through that with HR. She will be working out of class, but at the same time the position makes less than she currently makes. Councilman Puccinelli asked about the previous motion for the Clerk position. Council just made and offer to the first person, correct? May 14, 2024 City Council | Minutes Page 8 of 27 Ms. Baum said yes. Councilman Puccinelli said if Ms. Laughlin is up for it, he is okay with it, too. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the recommended Alternative Motion #2, listed as follows, and as modified by City Council: A. The City Council hereby determines that the office of Acting City Clerk is necessary in accordance with Section 1.070(2) of the City Charter and hereby establishes the appointive officer of Acting City Clerk. B. The Acting City Clerk shall perform the duties of the City Clerk as set forth in Elko City Policy and the applicable job description. C. The Acting City Clerk shall perform the duties of that position under the direction of the City Manager. E. The City Manager is authorized to make an emergency appointment to the position of Acting City Clerk in accordance with City Policy. F. F. The Acting City Clerk shall serve until such time as a permanent City Clerk is appointed pursuant to Section 1.070(1)(a) of the City Charter. The motion passed unanimously. (5-0) Ms. Baum said Ms. Laughlin has a good team around her and Management will support her. Documents going forward, during this temporary time, will say Acting City Clerk. D. Review, consideration, and possible approval for Staff to begin an open/competitive recruitment for the Elko City Clerk position and appoint an interview panel to include the HR Manager, City Manager and one City Council Member, and matters related thereto. FOR POSSIBLE ACTION If the City Council’s decision is to appoint Diann Byington to the City Clerk position, no recruitment will be necessary. If Diann Byington is not appointed to Elko City Clerk, Staff suggests an open/competitive recruitment for the City Clerk Position, allowing for both internal and external candidates to apply simultaneously. This recruitment is expected to take from 90-120 days. Staff suggests appointing a panel to complete initial interviews. Top candidates would then advance to public, in person interviews during a future City Council Meeting for final selection. Staff is requesting direction from the City Council on the recruitment and selection process for the City Clerk position. JB Ms. Baum said this item is very similar, if not identical to when they went out to recruitment last time. If Council approves this, they will begin a recruitment process immediately. Mayor Keener called for public comments without a response. May 14, 2024 City Council | Minutes Page 9 of 27 ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve Staff to begin an open/competitive recruitment for the Elko City Clerk position and appoint an interview panel to include the HR Manager, City Manager and one City Council Member. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of an updated position description and reclassification for City Clerk position, and matters related thereto. FOR POSSIBLE ACTION The City Clerk position description has been updated to accurately reflect a change in one of the position requirements. Staff and City Manager recommend reclassification from Appointed Official Grade 2 to Appointed Official Grade 5 based on assigned duties, essential functions and responsibilities of the position. SS Ms. Baum said they felt recruitment for this position would be a little more competitive if it went from a Grade 2 to a Grade 5. The preliminary results from the compensation study showed it is a little bit low on the pay grade. Mayor Keener OK. said he is in support. He called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the revised City Clerk position description and reclassification from AO Grade 2 to AO Grade 5. The motion passed unanimously. (5-0) F. Review, consideration, and possible approval of an updated position description and reclassification for Civil Engineer position, and matters related thereto. FOR POSSIBLE ACTION The Civil Engineer position description has been updated to accurately reflect the duties of the position. Staff and City Manager recommend reclassification from Management Grade 28 to Management Grade 32 based on assigned duties, essential functions and responsibilities of the position. SS Susie Shurtz, Human Resources Manager, said this was similar to the last item. This job description has been updated to more accurately describe the current essential functions. It was reviewed by staff. To make it both internally and externally more equitable, the move from Management Grade 28 to 32 is warranted. This position requires a bachelor's degree and then the PE eventually as well. Mayor Keener asked her to provide additional information about the class compensation study. May 14, 2024 City Council | Minutes Page 10 of 27 Ms. Shurtz said they are working with a group called Pontifex to review all of the management and non-represented positions to ensure that compensation is equitable both internally and externally. Pontifex made initial recommendations and we're just following up now. In the end, we will have updated job descriptions for all of those positions, as well as confirmation of comparable agencies and entities to ensure that our salaries are equitable. Ms. Baum said for clarification, this is the civil engineer position, not the city engineer position. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the revised Civil Engineer position description and reclassification from Management Grade 28 to Management Grade 32 as presented. The motion passed unanimously. (5-0) G. Review, consideration, and possible approval of an updated position description and reclassification for Utilities Director position, and matters related thereto. FOR POSSIBLE ACTION The Utilities Director position description has been updated to accurately reflect the duties of the position. Staff and City Manager recommend reclassification from Management Grade 33 to Management Grade 36 based on assigned duties, essential functions and responsibilities of the position. SS Ms. Shurtz said this one was similar to the last. This is another position that was identified by the comp study as the grade being a little bit lower than it should. There are pretty significant updates to the job description to include the current essential duties. It will also move up a couple of grades, which is around an 8% increase. Mayor Keener said we're having to adjust to some of the new market realities. He understands there's been some positions that have gone out that we haven't had any response on for recruiting. It's important to remain competitive. He then called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the revised Utilities Director position description and reclassification from Management Grade 33 to Management Grade 36 as presented. The motion passed unanimously. (5-0) VIII. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION May 14, 2024 City Council | Minutes Page 11 of 27 Mayor Keener said the reason the warrants are so high is because we had some public works projects mixed in with them. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $1,299,942.96. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $350,376.15. The motion passed unanimously. (5-0) B. Review, discussion, and possible approval for the Fire Department to enter into a Professional Service Agreement with Creative Consulting Solutions, LLC, and matters related thereto. FOR POSSIBLE ACTION On March 10, 2020, the Fire Department entered into a Professional Service Agreement with Creative Consulting Solutions, LLC to recover the actual costs to provide Ground Emergency Medical Transportation (GEMT). That agreement was for five years and expired on June 30, 2023. The Fire Department is requesting to enter into another Professional Services Agreement with Creative Consulting Services to commence on March 1, 2024, and terminate on February 28, 2025. JJ James Johnston, Fire Chief, said this item is housekeeping for the agreement that we have to have if we consult for Medicare and get recoup for GEMT. It's been approved by legal. Mr. Stanton said he would like to point out that on page four of eight there's still a blank in the document (Section 6.3). He asked Chief Johnston if that is something that can be filled out today with the motion. Chief Johnston said it had been amended as of two weeks ago. He can get that information. Council can table the item until then. Mr. Stanton suggested having Council authorize him to fill it in. That would work, too. Mayor Keener asked if the revenue to the department would be around $75,000 a year. Chief Johnston said that is the amount for this year. In previous years it was a bit higher. With the additional ambulances they put into place, it lowered our GMT. In the past we averaged about $150,000, that is $150,000 to the general fund and then $150,000 to the fire department. Mr. Stanton asked if Council can put in a "not to exceed" amount and just give him authority to fill it in. May 14, 2024 City Council | Minutes Page 12 of 27 Ms. Baum said this amount is for the budget for total charges to the contractor, not for the revenue. Chief Johnston said GEMT charges around $2000 to $10,000 based on how much we bring in to perform their duties. He would say the appropriate amount would be at least $20,000. Lee Hoffman, resident, said he did not have any concerns, but the way the agenda was written is very confusing. It talks about an agreement signed in 2020 for five years that expired last year and now this is retroactive to March 31st. He asked for clarity. Chief Johnston said for Medicare he has to have a record showing that we have the agreement in place for the amount of money that we get for this year. It expired. We weren't notified until after I'd come into my position. So they're willing to put forth the agreement retroactive, starting the date it expired. We'll keep up on it every single year. It was a five-year agreement, that started in 2020, but it was agreed in 2019. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Fire Department to enter into a 1-Year Professional Service Agreement with Creative Consulting Solutions, LLC, and authorize Chief James Johnston to insert the amount into page 4, Section 6.3, not to exceed $20,000 for the term. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Change Order #4 to Great Basin Engineering Contractors, for pipe quantity changes for the Cattle Drive Water Line Project, and matters related thereto. FOR POSSIBLE ACTION During construction of the water line it was determined that the design engineer miscalculated the amount of 18” water main that needed to be constructed. There was a shortage of 660’ that was not accounted for. The pipe quantity adjustment for Bid Item #6 is $206.00 per linear foot totaling $135,960.00. DJ Mayor Keener said he had spoken with Dale Johnson, Utilities Director, and asked if we were going to hear from the engineer. He said no. He has retired. Mr. Johnson said typically with a quantity change on a bid item, we would not bring it to council unless it is over 25% of the bid item total, but with this one being a mistake by the engineer and an ARPA project, we wanted to bring this to council. That total is now 764 feet at $206 per linear foot, which is the cost for materials and installation. That is a grand total of $157,384 (see minutes packet). The engineering firm declined to be here to explain this. He was working with Mr. Stanton about the consultant's performance and looking at our options. Mayor Keener asked if he is asking for approval of this amount, or the one listed in the agenda background information. Mr. Johnson said he would like the motion for the 764 feet at the new price of $157,384. May 14, 2024 City Council | Minutes Page 13 of 27 Ms. Baum said Mr. Stanton agrees we can do that. Mr. Stanton said it is within the scope. Mayor Keener called for public comments without a response. Ms. Baum added that the project as a whole is coming in under budget. Mr. Johnson agreed. We asked for a force account for $197,000. This will be the fourth change order. The first one was for the materials and storm drain work, for extra cut and fill in the amount of $87,119.45. Then we got approval to do the Mountain City Highway access for $15,646.60. There were some additional bore costs because they ran into rock. That one was for $107,000, but Great Basin agreed not to include their markup. They also took 30% off the top of that and ate those costs, for a total cost of $66,332.20. Even with all the change orders, it will still be under budget. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Change Order # 4 for the additional quantity changes for 18” water main the amount of $157,384. The motion passed unanimously. (5-0) D. Review, consideration, and possible issuance of final acceptance for the Hospital Second Source and PRV Project, and matters related thereto. FOR POSSIBLE ACTION Canyon Construction has substantiality completed Hospital Second Source and PRV Project. There were three change orders totaling $200,201.93 for a total project cost of $2,776,071.20. Staff recommends the issuance of final acceptance. DJ Mr. Johnson said the first change order was for the pressure upgrades on the pipe for the booster station. The second one was to improve Powder House Road. The third one was to install 54 linear feet of extra pipe right near the hospital. Because we're in that easement, we wanted to get the pipe away from the gas line and the new fiber lines going over the hill. That brings the total cost to $2.7 million. Ms. Baum added the budget for the project was $3 million. Mayor Keener said it was nice to go out there for that turning the valve to get things moving. It's a great project for the hospital, the residents, and future development up in that area. He called for public comments without a response. He asked Mr. Johnson if this was the first completed ARPA project. Mr. Johnson confirmed. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve to issue final acceptance for the hospital's second source and PRV project. The motion passed unanimously. (5-0) May 14, 2024 City Council | Minutes Page 14 of 27  E. Review, consideration, and possible authorization to solicit bids for the Sports Complex Phase 1 Concrete Project, and matters related thereto. FOR POSSIBLE ACTION The project is proposed for the FY 24/25 Budget and is slated for construction during the September to mid-November time frame. The project includes a base bid with a scope focused on the concrete interior to the playing fields and connectivity to the parking lot. The project includes several potential additive alternates dependent upon the base bid. JW James Wiley, Parks and Recreation Director, said he is here to get authorization to start the solicitation for bids for this project. The goal would be to do this construction project in September/October. We want to get a little bit ahead of it. It is slated to be done in the upcoming budget year and we will be presenting a little more information on that budget at our final budget meeting. We entered into design for phase two of the Sports Complex during the discussions and planning for the Event Center and the Recreation Center, which was going to displace four of our baseball/softball fields. Part of that phase two design included some unfinished items from phase one. When it was no longer an issue of displacing the ball fields, we went ahead and cleaned up the planning & design and engineering for phase one, including concrete, landscaping and shade shelters over the bleachers. We're ready to put this out the bid and finish off this portion of phase one. Mayor Keener said the fields are looking a lot better. This will address the ADA access concerns. He called for public comments without a response. Councilman Puccinelli asked what the canopies are made of. Mr. Wiley said they are like shade sails. They will have a steel frame with breathable canvas. They won't repel water but will provide shade. They will be seasonal, being taken down in winter. ** A motion was made by Council Member Stone, seconded by Council Member Morris to authorize Staff to solicit bids for the Sports Complex Phase 1 Concrete Project. The motion passed unanimously. (5-0) F. Review, consideration and possible award of the bid for Federal Aviation Administration Grant # AIP 3-32-0005-05-060-2024/061_2024 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. Staff opened bids on April 24, 2024. Two (2) bids were received for this project. One from Road and Highway Builders, LLC. in the amount of $5,555,555.00 and one from Q & D Construction LLC. in the amount of $4,600,000.00. The bids were reviewed by Woolpert Inc., and findings were forwarded to the City Attorney for review. The engineers estimate for this project was approximately $5,700,000.00. After awarding to the lowest responsive bidder, Staff will apply for Federal Aviation Administration Grant # AIP May 14, 2024 City Council | Minutes Page 15 of 27  3-32-0005-05-060-2024/061_2024 Rehabilitate Air Carrier Terminal Apron Phase II, Construction. JF Jim Foster, Airport Manager, said the lowest bid was missing a declaration from the state of Nevada and the second bid was missing Addendum #2, so both were deemed non-responsive. Mayor Keener asked if either of the bidders were present and wished to speak on this item without a response. Mr. Stanton said they do not appear to be minor technical irregularities that can be waived by the council. The first one was missing the Secretary of State's form showing the bidder is in good standing. That renders it non-responsive. Bidders have a duty to comply with the bid instructions. Regarding the second bid, Mr. Foster said it's a requirement to have the addendums included in the bid response. There were 2 addendums that were issued. During the process, the e-mail address city staff used in order to send out Addendum #2 was wrong, but it was still posted and available on the City of Elko's website. Mr. Stanton said it is still the bidders' responsibility to make sure all the proper documents are in place. Mr. Stanton added the addenda would have changed the price of the contract. If Council was to award the contract despite that addenda not being taken into account in the bid, that would be unfair. He was easily able to find it on the city's website. His recommendation is to reject both bids. Mr. Foster said he has been in discussions with Woolpert. Going out to bid again would only set us back a little bit as far as the grant allocation goes. There's really nothing that we have to change in the bid documents. It just needs to go out to bid again. He was not anticipating this happening and the agenda item was not worded in a way they could authorize it to go out to rebid tonight. Scott Gavorsky, 878 2nd Street, asked for clarification. This was not an ARPA funded project, correct? So, the December 2024 deadline does not apply. Mr. Foster said that is correct. It's an AIP funded project with airport improvement grants we get. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to reject both bids for the Federal Aviation Administration Grant # AIP 3-32-0005-05-060- 2024/061_2024. The motion passed unanimously. (5-0) G. Review, consideration, and possible approval of a Professional Services Agreement between AM Engineering and the City for the Construction Management, Construction Administration, Quality Assurance and Quality Control for the Sports Complex Phase 1 Concrete Project, and matters related thereto. FOR POSSIBLE ACTION The proposed Professional Service Agreement is for the Construction Management, Construction Administration, Quality Assurance and Quality Control for the Sports May 14, 2024 City Council | Minutes Page 16 of 27  Complex Phase 1 Concrete Project. The cost of the service is estimated to be approximately $100,000.00 based on current project estimates. The final cost of the service will be 9% of the Total Project cost. JW Mr. Wiley said this is a typical professional services agreement that we've entered into on several city projects. AM Engineering had this agreement on the initial construction of the Sports Complex and did a great job. This one might be a little more involved than typical because we are lacking a civil engineer on staff. The cost will depend on the bids that come in, it will be 9% of the total cost of the project. Mayor Keener said AM Engineering has always done a good job for the city. And it has our confidence. He called for public comments without a response. Scott Wilkinson, Assistant City Manager, said Mr. Stanton recommends adding the Mayor's signature to the contract. Mr. Wiley's name is already listed. Mr. Stanton confirmed and said he thought as a practice the mayor should sign contracts on behalf of the city, rather than individual department heads. He also recommended amending the contract to incorporate the terms of the May 3rd proposal from AM Engineering. Saying it was attached to the contract was not sufficient to make it a contract provision. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve a Professional Services Agreement between AM Engineering and the City for the Construction Management, Construction Administration, Quality Assurance and Quality Control for the Sports Complex Phase 1 Concrete Project, and move to include the Mayor's signature on the contract as well as incorporate the May 3rd proposal from AM Engineering into the contract. The motion passed unanimously. (5-0) BREAK IX. NEW BUSINESS A. Review, consideration, and possible approval of donating $10,000 to the Elko Arts Foundation to support new downtown murals, and matters related thereto. FOR POSSIBLE ACTION Catherine Wines with the Elko Arts Foundation will be present to request a donation from the City Council for the new mural project the organization is planning for October, 2024. JB Jared Linder, Acting Board President for the Elko Arts Foundation, said in 2019, they brought the Elko Art Mural Festival to the community, in support of Art Spot Reno. There were 56 murals. City Council and the Redevelopment Agency supported it with $20,000. In 2021, additional funding of $10,000 was given. They are coming once again with a request for $10,000. They are looking at adding around 19 May 14, 2024 City Council | Minutes Page 17 of 27 more murals in the downtown, spanning from Idaho Street up to Pine Street and between 5th Street to 3rd Street (see minutes packet). Mayor Keener asked if there is a plan to rehabilitate any of the aging murals. Mr. Linder said over the summer they had an intern who did some touch ups. They also brought in the artist that did the moose head mural because the business replaced one of their doors. Their intent is to update them as well as continue to find additional walls. When they ask the artists to come back in, they cover the cost. Mayor Keener said it brings a lot of people to town and it's a big point of interest, particularly during the summer months when people are vacationing. He has talked to a number of people at restaurants that like to go around and view various murals. He is in favor of supporting them with the $10,000 donation. Councilman Morris said he has received a lot of negative comments about the maintenance of the murals. Adding 19 more would require even more maintenance. Mr. Linder was going to have to sell him on the plan that these murals are going to be taken care of. He thought adding more would cheapen it. Councilman Stone said he had the same concerns. He likes what we have but isn't sure if he wants to see another 19. He would need some convincing. Mr. Linder said the intent of the murals is to cover blank walls, like alleyways. Both the Convention Center and Visitors Authorities and City of Elko websites have images of them. They are a piece of our community now. They tell our history as well. The Foundation currently has three tours they offer with the Convention and Visitors Authority to view them. Private business owners own the buildings that they are on. He feels they have brought beautification to our community. Councilman Morris asked when changes to the mural are needed, does the artist have to come back and make those changes themselves? Mr. Linder said not necessarily. There are qualified local artists. Regardless, there is an expense. They have brought a couple artists back in. Councilman Stone asked about other funding sources for this project. Mr. Linder said they put in a grant to the Nevada Arts Council for about $7000. They will have to provide a match. There are also various donations. Lina Blohm, downtown business owner, said she was approached around a year ago to have a mural on her building, but she has some of the same concerns as Council. What is going to be her obligation? Will she have a say in what's going to be placed on her building? From a positive standpoint, they were a huge tourist creation for downtown. In that first year, there were tours and there was a lot going on regarding the murals. And then it all just sort of went away. And like the Council said, they're in kind of a dilapidated state. May 14, 2024 City Council | Minutes Page 18 of 27 Mr. Linder said the Foundation will connect each business owner with an artist who will come up with a proposal, illustrate what that proposal will look like and then share that with the business owner. Then based upon the agreement between the business owner and the artist, work will begin on the mural. They don't put anything on somebody's building unless they've approved it based off of the mockup that is provided by the artist. The Elko Arts Foundation maintains them, not the business owners. Councilwoman Simons said as far as any of us personally want to see more murals, that's between the building owner and the Foundation. She would be okay with giving $10,000 if Council could say at least $5,000 must go to upkeep on existing murals. Councilman Puccinelli agreed. Mayor Keener asked Mr. Linder how that would affect the project if the donation was allocated 50/50. Mr. Linder said he would take anything they could get. Art is not cheap. Mayor Keener asked if the Foundation would be able to report back to Council after the conclusion of the event about which pieces were rehabbed. Mr. Linder said yes. Monica Milldrum, Elko County Art Club, said she understands their concerns about the maintenance but could see why they are requesting funds from the city because it's a beautification project for the whole community. Ms. Baum said NRS 268.028, "an expenditure of public money needs to go to a non-profit organization created for religious, charitable, or education purposes, to be expended for a select purpose." She had asked Ms. Wines for documentation supporting that. Ms. Wines indicated the state specifically says it's a public charity, so she accepted that as a charitable organization. Mr. Stanton added that he believed they're a non-profit and the city is restricted in terms of what types of organizations it grants funds to. The definition for an educational organization reads, "an organization created for an educational purpose is if it's sole or primary purposes is to provide cultural activities for children or provide displays or performances of the visual or performing arts to members of the general public". It sounds like that's what this organization does. The city has the authority to grant these funds. Councilman Stone asked how much it would cost to fix up the existing murals. Mr. Linder said that would mean bringing in the artists all over again to retouch everything. It would be close to $100,000. May 14, 2024 City Council | Minutes Page 19 of 27 ** A motion was made by Council Member Simons to donate $10,000 to the Elko Arts Foundation for educational purposes with the condition that half of the money ($5,000) be used to refurbish existing murals and report back to the board. Motion failed due to lack of second. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve to give $5,000 to rehab the current murals we have with an agreement that after that's done we will issue another $5,000 for the project. Mr. Stanton asked for clarity. Are you committing the city to the other $5,000 or will there be a separate agenda item? Councilman Stone responded once rehab is done and the funds are spent, then we will issue the other $5000 as a promise. Mr. Stanton asked if the city has to be satisfied the rehabilitation is done to a certain standard. Councilman Stone said they could leave that to staff to approve. Ms. Baum said we'll put the whole $10,000 in the 2025 budget. The motion Passed. (3-2) Council Member Morris & Mayor Keener voted against. B. Review, consideration and possible approval of a request from the Downtown Business Association (DBA) for the closure of half the downtown parking corridor between 4th and 5th Streets for food truck vendors during their regular wine/cocktail walks, and matters related thereto. FOR POSSIBLE ACTION The DBA is requesting to close half the corridor during their regular wine/cocktail walks for food truck vendors to park. The first wine/cocktail walk with food vendors will be June 8, 2024. They are requesting to close the corridor from 11:00 A.M. to 10:00 P.M. This will not affect adjacent restaurant businesses because they are closed on Saturdays. A closure plan and insurance are attached. AR Annette Robinson, City Clerk Technician I, said the DBA have been doing wine cocktail walks for quite some time, but this is the first year they are asking to close part of the corridor. It would be between 4th Street and 5th Street and just half of the corridor. There will be four or five food trucks. They're hoping this will help with participants having a place to eat, as there are not a lot of restaurants open down there during that time. Monica Milldrum, Downtown Business Association Coordinator, introduced herself and Morgan Lozano, DBA Vice-President. The hours of the walk will remain the same - 4:00 PM to 7:00 PM. This will add another layer to the event. Right now the DBA has two member food trucks. They would be May 14, 2024 City Council | Minutes Page 20 of 27 allowed to park down there. They are asking for extended hours for this. It will be a fun new activity that will generate interest in the area and increase foot traffic into the local businesses. Mayor Keener said it's great to have food service available during events like this. It can be a bad thing to drink on an empty stomach. Ms. Milldrum said they have had problems in the past. The restaurants are all great, but the ones that are open down in that area get overrun. The walks generate somewhere in the realm of 400 to 800 people. Closing the corridor will also help with security. Ty Trouten, Police Chief, said he is comfortable with a trial on this. Having food and not drinking on an empty stomach can be a positive. The hours of the alcohol service for the walks will not change. It's still a three-hour period. What we'll be keeping a very close eye on is that we don't have families who would come down. Many communities have the Grub Hub type mentality where food service trucks come in and families come down. We'll be keeping an eye out that we're not having service to underage minors. If that happens, it's going to be a hard no across the board for everything. They will need to tow the mark and making sure their businesses participate and their personnel are trained. Scott Grovorski, 878 2nd Street, asked if access to the food trucks was contingent on participating in the wine walk. Do you have to purchase the little glass and everything or is it just going to be open to everybody? Ms. Milldrum said the food trucks will be open for the community. For the event, they have people who ID everyone. We provide arm bands specific to the event. Participants will still have to have those arm bands in order to access the alcohol. If a food truck has alcohol, it's the truck's responsibility to ID their patrons. Councilman Stone disclosed he has been hired in the past by the DBA for small events. He suggested notifying the businesses in the area, particularly the restaurants, so they are aware of what's going to happen, so that they don't complain about their parking. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve a request from the Downtown Business Association (DBA) for the closure of half the downtown parking lot corridor between 4th Street and 5th Street for food truck vendors during the regular wine cocktail walk on June 8, 2024. The motion passed unanimously. (5-0) And at this time (6:26 pm), Mayor Keener turned the meeting over to Councilman Simons and left. It is his wife's birthday. Council wished her a happy birthday. The meeting proceeded under Mayor Pro Tempore Simons. C. Review, consideration, and approval of a correction of Deed of Dedication for Right-of- Way for roads and streets and a public utility easement for N. 5th Street as described in the Deed of dedication exhibits, and matter related thereto. FOR POSSIBLE ACTION May 14, 2024 City Council | Minutes Page 21 of 27  Grantor and Grantee subsequently discovered an error in the map attached to the Deed at Exhibits B. Grantor and Grantee desire to correct the aforementioned error by substituting revised versions of Exhibits A and B (attached) to the Deed of Dedication RN Mayor Pro Tempore Simons called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve a correction of Deed of Dedication for Right-of-Way for roads and streets and a public utility easement for N. 5th Street as described in the Deed of dedication exhibits. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of a Deed of Dedication for a permanent Right of Way for roads and streets and public utility easement for Sharps Access as described in the Deed of Dedication and Exhibits, and matters related thereto. FOR POSSIBLE ACTION The Sharps Access road currently exists on an actual parcel of land owned by the City of Elko. This Deed of Dedication establishes a Right-of-Way for roads and streets and a public utility easement for N. 5th Street. RN Ralph Negron, Development Manager, said this is a housekeeping item. It is for public utilities going forward. He was looking for approval. Mayor Pro Tempore Simons called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the Deed of Dedication for Right-of-Way to the City of Elko and Public Utilities, for the Sharps Access Road. The motion passed unanimously. (4-0) E. Review, consideration, and possible approval of a Deed of Dedication from J.N.I.C. to the City of Elko for a Sewer Line on APN 001-560-099, and matters related thereto. FOR POSSIBLE ACTION The sewer line that crosses APN 001-560-099 collects this property and the adjacent properties sewer. The Deed of Dedication will allow both properties continued use in the future and dedicate the sewer main to the City to operate and maintain. This will also allow both properties to develop utilizing the existing infrastructure. DJ Mr. Johnson said this is also a housekeeping item. He recommends approval. May 14, 2024 City Council | Minutes Page 22 of 27 Darla Barkdall, IFA Country Store, 390 30th Street, introduced herself and Katie Moore. IFA has been in business at their current location since 1979. They are a part of IFA Agricultural Co-op that's 101 years old this year. They have outgrown their building and property. They are looking into purchasing the adjacent piece of property. They would be putting in a bigger store that will have more room for their displays, increase sales, and increase the tax base. They are looking forward to having a newer, bigger store that would be great for the whole community. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Deed of Dedication between J.N.I.C. and the City of Elko for the sewer main. The motion passed unanimously. (4-0) F. Review, consideration, and possible approval of a Line Extension Agreement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for Utility Facilities on APN 006-09E-015 and APN 006-09E-019, and matters related thereto. FOR POSSIBLE ACTION The Line Extension Agreement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy will allow NV Energy to extend utility service to APN 006-09E-015 and APN 006-09E-019 for the Elko Mountain Booster Station project. The Applicant’s items to install and furnish was included in the Elko Mountain Booster Station Bid Package. The $81,199.00 includes the items NV Energy is supplying for the project. DJ Mr. Johnson said he would like to table this item. He is waiting on NV Energy to give us the agreement back. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to table this item. The motion passed unanimously. (4-0) G. Review, consideration, and possible approval of a Grant of Easement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for Utility Facilities on APN 006-09E-019, and matters related thereto. FOR POSSIBLE ACTION The Grant of Easement will allow NV Energy to extend utility service to APN 006-09E- 019 for the Elko Mountain Booster Station project. DJ Mr. Johnson said this is easement so we can run the power up the hill. Mayor Pro Tempore Simons called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Grant of Easement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for Utility Facilities on APN 006-09E-019. The motion passed unanimously. (4-0) May 14, 2024 City Council | Minutes Page 23 of 27 X. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 55-day Temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Richard Jason Miller, DBA Miller’s Elko, located at 390 W Idaho Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten said this is a straightforward package liquor license. It is for the Shell station on West Idaho. He has met with Mr. Miller, who has purchased multiple stores in the area. Mr. Miller passed the background check. He has no concerns. The applicant was not present. Mayor Pro Tempore called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to ratify the Police Chief issuing a 55-day Temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Richard Jason Miller, DBA Miller’s Elko, located at 390 W Idaho Street, Elko, NV 89801. The motion passed unanimously. (4-0) Councilman Morris said Mr. Miller has done a really nice job remodeling the building. It looks nice. Mayor Pro Tempore agreed. B. Review, consideration, and possible authorization for the City of Elko to apply for a Temporary Use Permit for the continuation of the Humanitarian Campground located off Hot Springs Road, and matters related thereto. FOR POSSIBLE ACTION City Council took action on March 18, 2014 approving the development of a temporary humanitarian campsite located on City property off Hot Springs Road. Friends in Service Helping (FISH) operated the camp under a Temporary Use Permit until 2017. On July 25, 2017, City Council took action to authorize staff to apply for a Temporary Use Permit 4-17 for a period of five years. On September 7, 2017, the Planning Commission approved TUP 4-17 for the City of Elko to operate the humanitarian campground for a five year period which expired on September 7, 2022. CL Ms. Laughlin said this slipped through the cracks. It expired on September 7th, 2022. She thought what happened was when it was approved in 2017, City Council made a recommendation to the Planning Commission for it to have an automatic five-year extension. The Planning Commission went against that recommendation. Their approval was for a five-year term only and then it had to come back to them again. This item requests permission for staff to reapply for a temporary use permit to continue to use the property as a humanitarian camp. This will go to the Planning Commission for approval next month. Mayor Pro Tempore called for public comments without a response. May 14, 2024 City Council | Minutes Page 24 of 27 ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to authorize staff to apply for a Temporary Use Permit for a period of five (5) years and include a request for automatic extension of an additional five (5) years. The motion passed unanimously. (4-0) XI. REPORTS B. City Manager Ms. Baum announced early voting is at the library at 720 Court St. from May 25th to June 7th. It will be closed May 27th for Memorial Day. Hours are on Saturdays from 10:00 AM to 2:00 PM, and Monday through Friday 8:00 AM to 6:00 PM. Regarding the appointment to the City Clerk, we visited with Kelly Wooldridge, the prior City Clerk, and she's very willing to help us out when we need help, which we appreciate. We felt for her retirement, it was best to go forward with current staff taking care of the acting sitting clerk, rather than going backwards and having her come back. C. Assistant City Manager No report. G. City Attorney No report. L. Development Manager Mr. Negron said they had the 5th grade field trip in Lamoille Canyon. About 350 kids showed up. It was cold, but it was a lot of fun. I. Police Chief No report. F. Airport Manager No report. H. Fire Chief No report. May 14, 2024 City Council | Minutes Page 25 of 27  D. Utilities Director No report. P. Building Official Jeff Ford said the rec center has gotten started. The Building department issued them a grading permit, so they're taking up the lawn and the trees. We had pretty good pre-con meeting this afternoon. They picked up their civil permits as well. The ground breaking will be on Thursday at 5:00 PM. The permit for the four-story apartment complex we've been talking about since before COVID has been finalized and picked up by the contractor. Councilman Puccinelli asked if the rec center project had plans for the sod. Mr. Ford was not sure. Mr. Wiley came up to answer the question and give his report. N. Parks and Recreation Director Mr. Wiley said he also was not sure what their plans are for it, but they did reach out to his department. It was a little bit of surprise they were going to start tearing it up on Monday. We weren’t ready to go, so we don't have a place to lay it. It would take us a few days to prep a site and we wouldn't be able to use it all anyway. He thinks they have a plan for what's on the pallets, though. There was another youth baseball tournament over Mother's Day weekend at the new Sports Complex. Everything went well. Little League continues to use the Complex most days of the week, as well as a bunch of travel baseball teams. Today at Ruby View Golf Course, competition started for the two-way golf 2A high school state championships. He will be meeting with a group of pickleball, tennis, and basketball court builders sometime in June. He is trying to get incorporated into the five-year plan, a plan for some maintenance on all of our surfaces that we currently have. Regarding crickets, we've been out fighting the battle against crickets for the better part of a month now. They are thinning out on North 5th St. around the Brookwood neighborhood. We put a lot of effort out in the Eight Mile Creek area the last two weeks. Councilwoman Simons asked if they have been bothering the golfers. Mr. Wiley said they haven't encroached upon the golf course so far. He suspects we will see them at some point, and we are ready. K. City Planner No report. May 14, 2024 City Council | Minutes Page 26 of 27  M. Financial Services Director No report. A. Mayor and City Council Councilman Stone said for Memorial Day, the VFW is doing their yearly cemetery dedication to those people who passed. That will be at 10:30 AM in the cemetery by the flagpole on Memorial Day morning. E. Public Works J. City Clerk O. Civil Engineer 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 made at this time. There being no further business, Mayor Pro Tempore Simons adjourned the meeting at 6:50 pm. Mayor Reece Keener Cathy Laughlin, Acting City Clerk May 14, 2024 City Council | Minutes Page 27 of 27