Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS June 25, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, June 25, 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 Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Jan Baum, City Manager Dave Stanton, City Attorney Dale Johnson, Utilities Director Paul Algerio, Public Works Jim Foster, Airport Manager James Johnston, Fire Chief Ty Trouten, Police Chief Cathy Laughlin, City Planner / Acting City Clerk Ralph Negron, Development Manager Julie Davis, Financial Services Director Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director Jeff Ford, Building Official Annette Robinson, City Clerk Technician II Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC June 25, 2024 City Council | Minutes Page 1 of 22  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 Lee Hoffman, resident, said he wanted to let everybody know that Repair the Vote PAC announced yesterday that 179,000 signatures were turned in to get an initiative on this fall’s ballot to require voter ID be incorporated into the Nevada Constitution. It's a big step forward in protecting our elections. He hopes everybody will turn out this fall in support of that, and in opposition to Question 3, which is about open primaries and ranked choice voting. Audrey Cummings, resident, said she has 14 mobile home rental units at 651 and 665 Bullion Road. She has been in business for 15 years. When she first started, she was paying $265 for lot rent. Currently, she is paying $590. It has been raised over the past 7 years. Now the property owner wants everyone to pay for water, sewer and trash, but you can’t raise somebody’s rent twice in one year. She feels they are pricing her renters out. Mayor Keener asked for the name of the property owner and for her contact information. Ms. Cummings said the owner goes by several names – Pacifica Corporation, Passcore Communities, and Elko Mobile Home Park. The company they use to bill for water and sewer is out of Canada. Manufactured housing is also aware of what's going on. She has provided the same information to them. Mayor Keener said he looked at a utility bill from July of 2023 and applied the new water rate, which resulted in just a 4% increase. If the owner is trying to represent that there's a massive increase, there's not, because it's applying just to the water portion of the bill. He thanked Ms. Cummings for making the council aware and said it is extremely limited with what it can do with private businesses. V. APPROVAL OF MINUTES A. June 11, 2024 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation by Molly Walt, CEO of Nevada Rural Counties RSVP Program will review services, including the number of clients served in 2023 and 2024, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Molly Walt, Nevada Rural Counties CEO, introduced herself and Kelsie Tadlock, Elko Service Coordinator. She gave a presentation of their organization’s RSVP Program. Its mission is to provide lifesaving volunteer programs that help seniors and adults with disabilities maintain their independence and dignity. Services range from transportation, home companions, respite, homemaking, legal aid, emergency response systems, farmer’s market coupons, veteran medical transportation, music June 25, 2024 City Council | Minutes Page 2 of 22  programs, and social support. In 2023, in Elko County, they had 21 active volunteers and 56 clients. In the first five months of 2024, they have 10 active volunteers and 41 clients. (See meeting minutes packet.) Mayor Keener asked if they help seniors fill out their tax returns. Ms. Walt said they do in some counties, but right now they don’t have a volunteer for Elko. If there is a need, it can probably be done. They provide a number of services that aren’t really available through other agencies, but they need volunteers. Mayor Keener said a national VA cemetery is being built in Elko, which may present more opportunities for their organization with the Veterans Administration. He thanked Ms. Walt for her presentation. B. Update on the "Mormon Cricket" infestation and actions by the State Department of Ag, Elko County and City of Elko. INFORMATION ONLY - NON-ACTION ITEM Jan Baum, City Manager, listed areas that have been treated by the city, county and NV Department of Agriculture. It appears the crickets are hitting their end of life because they're large, they have a dark black color and they're laying eggs. We're seeing less crickets near city limits now. There's been a lot more effort this year than last year. Last week, she had a meeting with representatives from the county and the Spring Creek Association to start planning for next year. (See meeting minutes packet.) Mayor Keener thanked Ms. Baum for her presentation. He also thanked the Street Department for street sweeping in the Outlook Court area as well as Royal Crest. It was very helpful and very much appreciated by the residents. He hopes next year the state will be more proactive rather than reactive. VII. CONSENT AGENDA A. Review, consideration, and possible authorization for the transfer of ownership of Elko Police Department’s Canine Evka to her handler, Sergeant Jeremy Shelley in exchange for the standard adoption fee of $85.00 (eighty-five dollars), and matters related thereto. FOR POSSIBLE ACTION Elko Police Canine Evka is a 7 year-old Belgian Malinois who is assigned to Canine Handler Jeremy Shelley. Evka’s handler, Sergeant Shelley is scheduled to retire on July 15, 2024. Due to Evka’s age and the extreme amount of time it would take to assign her to a new handler, and the risk of not being successful, I feel it is in the best interest of the City of Elko, and Canine Evka, to transfer ownership of this highly trained Police Canine to her current handler. Sergeant Shelley desires to adopt Canine Evka. Canine Evka’s selling price has been determined by using the amount set for dog adoptions at the City of Elko Animal Shelter. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to authorize the Elko Police Department to transfer ownership of Canine Evka to Sergeant June 25, 2024 City Council | Minutes Page 3 of 22  Jeremy Shelley in exchange for the adoption fee of $85.00, to be paid by the City Council members. The motion passed unanimously. (5-0) Mayor Keener thanked Sergeant Shelly. Evka is going to a good home. A trained animal is a huge asset to the Police Department, but given her age, it is not practical to try to reacclimate her with a new handler. Council Member Clair Morris said he hated to see Sergeant Shelley go. He has done a really good job for this community. He wished him good luck in his retirement and thanked him and Evka for their service. VIII. PERSONNEL A. Employee Introductions: 1. Luis Garcia Ty Trouten, Police Chief, introduced Luis Garcia. Mr. Garcia said he was born and raised in the city of Elko and is really looking forward to serving the community. Mayor Keener welcomed Mr. Garcia to the City. IX. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $1,632,891.65. 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 $236,137.26. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the utility refunds in the amount of $577. The motion passed unanimously. (5-0) June 25, 2024 City Council | Minutes Page 4 of 22  B. Review, consideration, and possible ratification of the Elko Police Chief applying for and accepting an additional Office of Criminal Justice Assistance (OCJA) Grant in the amount of $7,294.00, (seven thousand, two hundred and ninety-four dollars). The grant would be used to cover costs associated with operating supplies for the Elko Combined Narcotics Unit (ECNU), and matters related thereto. FOR POSSIBLE ACTION The Elko Police Department applied for additional funding from the Office of Criminal Justice Assistance (OCJA) Grant Program to assist with covering costs for operating supplies for the Elko Combined Narcotics Unit (ECNU). There is no cost match for the OCJA Grant Program. TT Chief Trouten said this is separate from the routine grant we apply for annually. The OCJA has some additional funding left over this year. The task force needs some additional equipment, so we applied for the grant. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the Elko Police Chief’s action to apply for and to approve acceptance of the OCJA Grant in the amount of $7,294.00, (seven thousand, two hundred and ninety-four dollars). The motion passed unanimously. (5-0) C. Review, consideration, and possible award of the bid for the Errecart Blvd. Connector Road and Water Line Extension Project, and matters related thereto. FOR POSSIBLE ACTION City Council directed Staff to solicit bids for the Errecart Blvd. Connector Road and Water Line Extension Project on January 10th, 2023. Bids were received on June 5, 2024, and opened at 2:00 pm. Great Basin Engineering was the only responsive bidder of the four bids received for $8,990,345.45. The low bidder Ames Constructions bid was $8,329,595.00 but they did not complete Exhibit 7, the fringe benefit form, and Exhibit 27 the Certificate of offer/bidder regarding tax delinquency and felony convictions which deems the bid non- responsive. Farr Construction bid was $10,238,658.00 but they did not complete Exhibit 4, the 1% and 5 % List in its entirety, and Exhibit 24 DBE Form 6100-3 in its entirety. Their Exhibit 25, the Secretary of State form was dated 2021 and not current. These three items deem this bid non-responsive. Ruby Dome Construction bid was $11,975,233.96 but they did not complete Exhibit 24 DBE Form 6100-3 in its entirety which deems their bid non- responsive. Staff consulted with the Legal Counsel about the bidders that did not complete the forms in their entirety and agreed there was only one responsive bidder as the items in question cannot be waived. Staff would recommend awarding the Errecart project to Great Basin Engineering for $8,990,345.45. DJ Dale Johnson, Utilities Director, said the background explained why each bid was either deemed responsive or non-responsive. Many of the forms are required because of federal funding – the DBE forms, as well as Exhibits 7 and 27. Council Member Geovanni Puccinelli enquired about the extent of the project. June 25, 2024 City Council | Minutes Page 5 of 22  Mr. Johnson said it would go to the Southside water tank on the top of 4th Street (coming from Errecart Boulevard near the hospital). Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to award Errecart Blvd. Connector Road and Water Line Extension Project, in the amount of $8,990,345.45 to Great Basin Engineering Contractors. The motion passed unanimously. (5-0) D. Review, consideration, and possible direction to Staff to solicit bids for the 14th Street Storm Drain Project, and matters related thereto. FOR POSSIBLE ACTION The 14th Street Storm Drain collapsed during heavy spring runoff and approximately 100 to 150 feet of 60” piping needs replaced. The project entails excavating and replacing the damaged portions of the storm drain pipe and street repairs for the length of the area being replaced. DJ Paul Algerio, Street Superintendent, said this project will be between College Avenue and Cedar Street. It's an extension of an area that was damaged in 2017. There is another sinkhole right where we ended, and the pipe is in bad condition. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to direct Staff to solicit bids for the 14th Street Storm Drain Project. The motion passed unanimously. (5-0) E. Review, consideration, and possible direction to Staff to solicit bids for the Water Street Repairs for damage caused by the UPRR train derailment, and matters related thereto. FOR POSSIBLE ACTION There was significant damage caused by the UPRR train derailment to Water Street. Staff will need to have the street repairs completed before UPRR will reimburse the City for the damages caused by the train derailment. DJ Mr. Algerio said the equipment used for cleanup of the train derailment caused most of the damage on Water Street. Repairs will be for about 565 feet of road with a significant amount of concrete work on either side. We are waiting for approval from the railroad agreeing that reimburse to the City will be based on the 30% plans. We won’t go out to bid until we have that. Ms. Baum said the railroad’s representative was pretty confident the approval will come through. June 25, 2024 City Council | Minutes Page 6 of 22  Mayor Keener asked for clarification. The City will get the railroad’s sign-off on the winning bid and then we’ll award it when we have assurance they will reimburse? Ms. Baum said yes. We have the 30% design, which includes an anticipated price. That’s what we are having them approve. Mr. Algerio added that once we have their approval, then we'll proceed to finish the plans and go to bid. Council Member Puccinelli said he sees this road every day. It is deteriorating quickly. Council Member Morris said he hopes we can get the approval during this construction season. If it goes through another winter, we're going to really be in trouble. ** A motion was made by Council Member Simons, seconded by Council Member Morris to direct Staff to solicit bids for the Water Street Repairs for damage caused by the UPRR train derailment. The motion passed unanimously. (5-0) F. Review, consideration, and possible approval of entering into a Professional Services Agreement with A.M. Engineering for Construction Management and Related Services for the Elko Mountain Booster Station and Water Line, and matters related thereto. FOR POSSIBLE ACTION Staff would like to enter into a Professional Services Agreement with A.M. Engineering for the Elko Mountain Booster Station and Water Line Project. The Services will include Construction Management, Quality Assurance, Quality Control Inspections, and Materials Laboratory Testing Services for the construction of the building and related project aspects. DJ Mr. Johnson said this is to enter into an agreement with A.M. Engineering for the QA/QC for this project. Great Basin Engineering is the contractor and they should be starting any day. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the PSA with A.M. Engineering for Construction Management in the amount of $139,190.08. The motion passed unanimously. (5-0) G. Review, consideration and possible approval of the Elko Regional Airport Liability Insurance Policy for FY 2024-2027, and matters related thereto. FOR POSSIBLE ACTION June 25, 2024 City Council | Minutes Page 7 of 22  LP Insurance Services, LLC. competitively sought airport liability insurance proposals for this coming fiscal year. One quote was obtained from Ace Property And Casualty Insurance Company as the other provider is not in the market at this time. The proposed agreement is for a three (3) year fixed premium for fiscal years 2024-2027. The proposed premium is $30,225.00 and is billed in 3 equal installments of $10,075.00. ACE is the current provider for liability insurance at the Elko Regional Airport. Jim Foster, Airport Manager, said this is similar to what we did last time, where we locked in a price for a three-year term. The price has increased from $8,200 to $10,075. Only one quote was received. The other company that we usually get a quote from is no longer providing this service. Dain Uriarte, LP Insurance, said this is separate from general liability insurance covered by POOL/PACT. This is for aviation liability for aviation activities on the tarmac, including static air shows. The POOL offers aviation liability, but only up to $10 million. Through ACE, we are able to obtain $20 million for a reasonable price. Fixing the price for a three-year term will give a $1,773 cost savings versus if we remarket it every year. It is not uncommon these days to not get competitive alternative quotes. ACE and Shop merged. They are A++ graded. If something were to happen, he feels comfortable with them taking the reins on that. Mr. Foster added that the Sky Fair that we used to host was a static air show (no flying). It would qualify. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the airport Liability insurance quote from Ace Property and Casualty Insurance Company. The motion passed unanimously. (5-0) H. Review, consideration and possible award of 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. After the award of bids staff will apply for the FAA AIP grants # 60/61. On May 14, 2024 Staff recommended rejection of all bids for this project due to bids being non-responsive. On May 28th Council ratified re-bidding of this project. Staff opened bids on June 11, 2024. Two (2) bids were received for this project. One from Road and Highway Builders, LLC. and Q & D Construction LLC. The bids were reviewed by City Staff and Woolpert, INC. The engineers estimate for this project was approximately $5,700,000.00. This bid package includes Schedules I, II, III for the Federal funding and non-federal funding. Schedule I and III are for the federal portion of the project. Schedule II is for the non-federal portion which the Airport is responsible to cover those costs. The grant award from the FAA will be brought back to council for acceptance once received. JF Mr. Foster said both bids are compliant. During the rebid process, everything jumped up by $200,000 to $300,000, within about a three-week period. However, the lowest bid came in under budget. He June 25, 2024 City Council | Minutes Page 8 of 22  consulted with the FAA Phoenix ADO office to verify the numbers for the available FAA grants. The discretionary grant is about $2 million, and the rollover entitlements are about $2.9 million. The city will pay for the Schedule 2, non-federal portion of the project, which includes the whole area around the backside of the terminal building, along with some sidewalk on the south of the building. We have been working on this getting this project accomplished for years. We value engineered it down from $9.7 million by switching from putting back concrete to bringing in asphalt. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to accept the Bid from Q&D Construction, LLC and authorize staff to apply for AIP Grant 3 32 0005-05-060-2024/061-2024. The motion passed unanimously. (5-0) X. UNFINISHED BUSINESS A. Review, consideration, and possible action on a request from Cementation USA Inc. that the City of Elko waive the requirement of the installation of curb, gutter and sidewalk related to property development located at 121/109 West Douglas Street and identified as APN 001-710-012, and matters related thereto. FOR POSSIBLE ACTION The property in question consists of two street frontages (W. Douglas Street, and 1st Street). The waiver request from Cementation is for curb, gutter and sidewalk improvements along the Douglas Street and sidewalk improvements on the S. 1st Street frontage of the property. Sidewalk exists across the street along a residential section of W. Douglas and South 1st Street. These frontages have existing curb, gutter, sidewalk and ADA accessibility at the intersection. The lot currently consists of several buildings and two residential mobile homes. Cementation is currently leasing this property owned by Cheryl Sharp. City Code Section 8-21-3(A) requires that curb, gutter, and sidewalk be installed “…upon developed lots or parcels of land involving a change in building occupancy and use of land…or upon a lot or parcel of land when a change of use results in a measurable increase in pedestrian or vehicular traffic…”. The property was previously three separate parcels which have recently been merged into one. The property has never had a business license associated to these existing buildings and it has sat vacant for over 12 months, therefore, losing the legal non-conforming status. The property will have a change of use from a vacant property to an industrial use, which triggers the requirement for curb, gutter, and sidewalk. In addition, the future Cementation business will increase the number of vehicles and pedestrians traveling to this site. Pedestrian safety will be significantly impacted without the needed sidewalk. A detailed analysis of the application is provided in the Development Department memo dated June 4, 2024. RN June 25, 2024 City Council | Minutes Page 9 of 22  Before the item was read, Mayor Keener recused himself and left chambers (5:12 PM). The meeting proceeded under Mayor Pro Tem Mandy Simons. Ralph Negron, Development Manager, said staff is recommending denial on Douglas Street and approval for the waiver on S. 1st Street. The development will increase traffic flow in the area, so there is a concern for pedestrian safety. There are currently three ADA landings, but staff would like to see curb, gutter, sidewalk installed and an additional ADA landing. Cementation has not shown any big circumstances on why they cannot install curb, gutter, and sidewalk. Spencer Withers, Cementation USA Inc. representative/applicant, said the property will strictly be used as a storage yard for equipment. The existing use on the neighboring property to the south is also storage. They will not be using the property as a customer-facing business. Anyone coming to the business will always come in a vehicle. They are planning to install onsite parking, including an ADA space. They do not anticipate additional pedestrian traffic, nor observe pedestrians on their side of the street. There is already a sidewalk on the other side of the street, in the manufactured home neighborhood. They can practically install the curb, gutter, and sidewalk, but they contend that it will not amount in a practical benefit. Matt Locuson, property owner’s representative, said in the mid 90s, valley gutter was installed on this portion of the road. It is still intact and in pretty good shape. The traffic on W. Douglas Street is mostly from the people living in the manufactured trailers. He does not see a lot of pedestrians. He doesn’t anticipate a lot of change with Cementation coming in. The property is unique in that it abuts the river and the bridge and it is zoned industrial. He does not think the improvements would be a good use of funds. He is asking for the waiver on both S. 1st Street and W. Douglas Street. Mayor Pro Tem Simons called for public comments without a response. Council Member Chip Stone, asked were pedestrians would be directed to go if they waive the improvements on S. 1st Street like staff is recommending. Mr. Negron said staff has spoken with the two property owners to the north, on Water Street. When a water line has to go down that street, the same improvements would be required. Cathy Laughlin, City Planner / Acting City Clerk, added that the curb and gutter are already there, just sidewalk would need to be installed. Then there would be a crosswalk installed for pedestrians to get to the sidewalk on the other side. Mayor Pro Tem Simons asked Dave Stanton, City Attorney, how they can approve the waiver according to code. Ms. Baum said Mr. Stanton has a conflict, so she will answer. City Code 8-21-3 indicates that the waiver shall be based on evidence that it is impractical to install curb, gutter and sidewalk because of circumstances beyond the reasonable control of the applicant property owner. Council Member Puccinelli asked if the reason for the waiver for S. 1st Street would be because of power poles in that area. June 25, 2024 City Council | Minutes Page 10 of 22  Mr. Negron said yes. For W. Douglas St., the existing valley gutter does not constitute a walkway. Mr. Locuson said Scott Wilkinson, Assistant City Manager, sent an e-mail to him and his wife back in September 2023 (not included in agenda packet), which specified that the council is willing to wave the curb, gutter and sidewalk on S. 1st Street. It does not talk about power poles, but rather that the road is not in alignment, and therefore the improvements are not practical to install. Ms. Laughlin said there was a small sliver of land that was exchanged with the Sharps many years ago. As part of the land exchange, the city did an agreement with them which gave them a portion of the S. 1st Street right-of-way, in the corner. At the time of the e-mail, it was unclear if the land of the city’s was a parcel or right-of-way. After reaching out to the County Assessor’s and Recorder’s offices, it was determined that it was right-of-way. Therefore the property in question has frontage along S. 1st Street. Council Member Morris said it's nice to have a business come in and develop, but it wouldn’t be in the city's best interest to approve the waiver. Council Member Stone said he was okay with a waiver on S. 1st Street, but could not see any reason for a waiver on W. Douglas Street. Council Member Puccinelli said he agreed. It is not impractical beyond reasonable control of the property owner to install the improvements on W. Douglas Street. He was okay with the waiver on S. 1st Street. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the sidewalk waiver on South 1st Street frontage and deny the curb, gutter, sidewalk waiver on Douglas Street frontage. The motion passed unanimously. (4-0) Mayor Pro Tem Simons added that when she joined the council, she would have agreed with the applicant 100%, but has since gone in the other direction. Using her discretion on each situation, instead of abiding by the code, may lead to an abuse of her power. Sheryl Sharp, property owner, said when they put the valley gutter in, that was what was required. It was approved and it was done to the city's standards at that time. Mayor Pro Tem Simons continued the meeting while Mayor Keener returned to the chambers (5:35 PM). XI. NEW BUSINESS A. Review, consideration and possible acceptance of a contract for the Food & Beverage Concession between the City of Elko and For The Kingdom LLC dba Kingdom Cafe and matters related thereto. FOR POSSIBLE ACTION. June 25, 2024 City Council | Minutes Page 11 of 22  At the June 11, 2024 The City received one (1) completed proposal from Daniel and Carrie Ornelas, For The Kingdom LLC dba Kingdom Café. Staff asked for authorization to negotiate a contract with the vendor and to bring back for council for approval. JF Mr. Foster said we received a proposal for the Kingdom to operate a concession out of the airport. We have since negotiated a contract. Mayor Pro Tem Simons called for public comments without a response. Mr. Foster added that we have a promo scheduled to go up on our Facebook page tomorrow. They will have a breakfast service at 6:00 AM and stay open through lunch, closing around 2:00 PM or 3:00 PM. People on the morning flight can grab a quick breakfast and take it through security. ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the concession agreement between the City of Elko and for The Kingdom LLC dba Kingdom Café for the operation of Food & Beverage concessions at the Elko Regional Airport. The motion passed unanimously. (5-0) After the vote, the meeting proceeded under Mayor Keener. B. Review, consideration, and possible approval of a Non-Exclusive Franchise Agreement between the City of Elko and Citizens Telecommunication Company of Nevada d/b/a Frontier Communications of Nevada, and matters related thereto. FOR POSSIBLE ACTION Citizens Telecommunication Company of Nevada entered into a Franchise Agreement on April 29, 2017 and that agreement expired on April 29, 2022. A First Amendment to the Franchise Agreement was approved October 13, 2020 but it didn't extend the term of the agreement. This is a new Franchise Agreement with a term of five years. CL Ms. Laughlin said the agreement has been reviewed by both entities' attorneys and Frontier has signed it. Mayor Keener asked how much longer we had on the five-year moratorium on broadband fees. Ms. Laughlin said we have until June of 2025. Mayor Keener asked if the fee schedule was comparable to what was previously in place. Ms. Laughlin said yes. Mayor Keener called for public comments without a response. June 25, 2024 City Council | Minutes Page 12 of 22  ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Non-Exclusive Franchise Agreement between the City of Elko and Citizens Telecommunication Company of Nevada d/b/a Frontier Communications of Nevada. The motion passed unanimously. (5-0) C. Review, consideration and possible approval of a Grant of Easement between the City of Elko and Citizens Telecommunications Company of Nevada for a public utility easement, within a portion of APN's 001-660-032 and 001-660-106, and matters related thereto. FOR POSSIBLE ACTION This easement is for permanent telecommunication services located within the City of Elko airport parcels. CL Ms. Laughlin said we’ve been holding this easement for several months, waiting for the new franchise agreement. It is at the intersection of Terminal Way and Mountain City Highway and runs through two parcels. It starts on the Shell station parcel and goes through the airport property down to the existing terminal. The conduit has already been installed so we need an easement. It is for telecommunication services. Mr. Foster said it is for fiber. There is fiber that runs from the beacon to the north and along Thomas Gallagher Way. There is an 8-way connection in the easement and fiber will be pulled through to extend the line to the terminal building. Delta has been spearheading this effort. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the grant of easement to Citizens Telecommunications Company of Nevada on the condition that a Franchise Agreement is approved and signed by Citizens Telecommunications Company of Nevada. The motion passed unanimously. (5-0) XII. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution 12-24 providing for the transfer of appropriations and cash from the 2023-2024 fiscal budget from the General Fund to the Capital Equipment Reserve Fund, and matters related thereto. FOR POSSIBLE ACTION The Ground Emergency Medical Transportation (GEMT) program offers reimbursement from Medicaid for private and public emergency medical service agencies. These revenues have been split 50% as unrestricted with General Fund and 50% with the Fire Department (Public Safety Function) within the General Fund. The City would like to allocate the unspent Fire Department portion to the Capital Equipment Reserve Fund to accumulate for future capital purchases. June 25, 2024 City Council | Minutes Page 13 of 22  N.R.S. 354.598005(c) provides that the Elko City Council has the authority to transfer appropriations and cash between governmental funds. Prior year revenues were budgeted for use as expenditures in the FY2024 General Fund – Public Safety Function budget. Of these funds, $145,191.00 remain unspent. JD Julie Davis, Financial Services Director, reiterated that this transfer will allow the fire department to accumulate funds for future capital purchases. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution No. 12-24 authorizing the transfer for appropriations and cash from the General Fund to the Capital Equipment Reserve Fund in the amount of $145,191 in accordance with N.R.S. 354.598005. The motion passed unanimously. (5-0) This item was reconsidered later in the meeting, see below. B. Review, consideration, and possible approval of Resolution No. 13-24, a resolution authorizing augmentation of the 2023/2024 Fiscal Year Budget of the Capital Equipment Reserve Fund, increasing appropriations by $284,249 from $3,935,059 to $4,219,308 to account for unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The Capital Equipment Reserve had increased resources as detailed below in the amount of $284,249. The funds will be used for asset lease expenditures and to reflect the GEMT revenue allocation. Beginning Fund Balance $ 73,000 Operating Transfers In (from the General Fund - GEMT) $ 145,491 Interest Income $ 65,758 JD Ms. Davis said this is to be used for asset lease expenditures. It is where the increase in expenditures is going, other than the GEMT, because the prior resolution approved its transfer. This augment accounts for that transfer in and it is allocated to fire public safety. ** A motion was made by Council Member Morris to approve Resolution No. 13-24. After the motion, but before the second, Scott Gavorsky, 878 2nd Street, said on the previous item (XII.A), the funds transferred are listed as $145,191. On this one, the funds to be transferred are listed as $145,491. There is a $300 discrepancy. June 25, 2024 City Council | Minutes Page 14 of 22  Ms. Davis said he is right. She will go check on which one is the correct amount. The motion failed due to lack of second. This item was continued later in the meeting. XIII. PETITION, APPEAL, AND COMMUNICATION A. Consideration of a request from Ms. Sarah Reinschmidt to appeal a work permit denial by Police Chief Ty Trouten, and matters related thereto. FOR POSSIBLE ACTION Any person whose application for a work permit has been denied or revoked by the Police Chief may appeal to the City Council for a hearing to show cause why the work permit should be issued or should not be revoked. In this instance, the Police Chief denied the work permit based upon the following Elko City Code provision: 5-11-4 (E) 4: The Police Chief may deny any application made by any applicant who does not meet the requirements of this chapter, or who has failed to disclose, misstated or otherwise misled the Police Chief in respect to any facts or statement contained within the application, or who has refused or neglected to comply with any of the provisions of this chapter. A copy of Ms. Reinschmidts’ letter requesting an appeal and Work Permit Application have been enclosed in the agenda packet for review. CL Ms. Laughlin said the appeal was submitted to the Clerk’s office, as required by city code. It was turned over to Chief Trouten and the documentation he provided is in the agenda packet. Chief Trouten said as law enforcement, we always try to help people and see people better themselves, however, this is a privileged card. City Code section 5-11-2 (A) regulates it. Section 5-11-4 (E) 4 directly prohibits him from authorizing and giving a bar card to Ms. Reinschmidt. Section 5-11-2 (C) states he has an obligation to the public when considering the suitability of an applicant. Sarah Reinschmidt, applicant, said she didn’t have a permanent residence at the time the certified letter was sent. It had been delivered to a friend’s house and that friend failed to notify her. Since becoming homeless in September and losing her son on March 14th, she has moved into an apartment, got a job, and been in counseling. She can’t lose her job because she is so close to getting her son back. Mayor Keener said he could understand not getting mail when she did not have a permanent location, but when it was discovered that there were some corrections that needed to be made on her application, a call went out from the Police Department and they spoke with her. She needed to go down to the Police Department within a few days. He asked her why she didn't go down at that time and amend the application. Ms. Reinschmidt said the lady she spoke to said she had to surrender her bar card and make an appeal. June 25, 2024 City Council | Minutes Page 15 of 22  Council Member Mandy Simons asked her if she was ever asked to come down to amend her application. Ms. Reinschmidt replied she never received the certified letter. Council Member Morris said it was his understanding that she received a phone call and talked to the chief. Ms. Reinschmidt said, no, she had not spoken with the Chief. Chief Trouten confirmed her phone number had not changed since her application, which was dated May 2nd. On June 3rd, the day we received the results, she was contacted by the records department to come down and amend her application. Ms. Reinschmidt said she remembered that. Chief Trouten said she was given until the 7th of June to do so. The 7th was a Friday. On Monday, June 10th, it had not been completed. That was when the letter was sent out to her and her employer. Ms. Reinschmidt admitted she recalled that letter. She forgot to go back in and do it, and ended up just turning in her bar card. Mayor Keener said this is a tough situation, but NRS and city code were not complied with. He is a no on this. There are a lot of other opportunities for employment in the area besides working as a bartender. Council Member Morris agreed. The bar card is a privileged card and certain requirements have to be met, which she didn’t. He is not in favor of approving the appeal. Council Member Simons agreed. Ms. Reinschmidt was going to have to find a different job. Maybe the chief could provide a letter stating she had a job and then lost her bar card, so that DSFS didn’t think she was not trying. Mr. Stanton said if the council's decision is going to be to affirm the chief of police denying the work permit, he would ask that the council make findings to support that decision. The findings should be based on facts that have been presented today and that are in the record and also should refer to the specific city code sections that support the decision. Council Member Simons asked what the process is for obtaining a new bar card once someone has been denied one. Is there a waiting period? Chief Trouten said City Code 5-11-2 (A) says there is a restriction of three years for a person who has been convicted of various crimes, but there is nothing prohibiting reapplication. ** A motion was made by Council Member Simons, seconded by Council Member Morris to affirm the denial by Police Chief Ty Trouton for the request from Ms. Sarah Reinschmidt's June 25, 2024 City Council | Minutes Page 16 of 22  appeal of a work permit and cite that the applicant has failed to disclose, misstated or otherwise misled the Police Chief in respect to facts or statements contained within the application. The record of arrests and police incidents with law enforcement, was not properly disclosed in the application. Mayor Keener called for public comments without a response. The motion passed unanimously. (5-0) XII. RESOLUTION AND ORDINANCE (cont.) A. Review, consideration, and possible approval of Resolution 12-24 providing for the transfer of appropriations and cash from the 2023-2024 fiscal budget from the General Fund to the Capital Equipment Reserve Fund, and matters related thereto. FOR POSSIBLE ACTION (cont). Ms. Davis said the correct amount is $145,491. She asked that the action for this item be amended. Mr. Stanton said since the motion was already voted upon, there should be a motion to reconsider it. Then there should be a vote taken on the revised motion. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to reconsider item XII.A. due to a mathematical miscalculation. The motion passed unanimously. (5-0) ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution No. 12-24 authorizing the transfer for appropriations and cash from the General Fund to the Capital Equipment Reserve Fund in the amount of $145,191 in accordance with N.R.S. 354.598005. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of Resolution No. 13-24, a resolution authorizing augmentation of the 2023/2024 Fiscal Year Budget of the Capital Equipment Reserve Fund, increasing appropriations by $284,249 from $3,935,059 to $4,219,308 to account for unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION (cont.) Ms. Davis said there is no change to this one. The GEMT amount is properly stated. Mayor Keener called for public comments without a response. June 25, 2024 City Council | Minutes Page 17 of 22  ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve Resolution No. 13-24 augmenting the Capital Equipment Reserve Fund NRS 354.598005 by $284,249. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Resolution No. 14-24, a resolution authorizing augmentation of the 2023/2024 Fiscal Year Budget of the Narcotics Task Force Fund, increasing appropriations by $14,396 from $51,330 to $65,726 to account for unanticipated revenues, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The Narcotics Task Force Fund had increased resources as detailed below in the amount of $14,396. The funds will be used for allowable Narcotics Task Force grant expenditures. State Grants: Narcotics Task Force $ 7,290 Beginning Fund Balance $ 3,706 Interest Income $ 3,400 JD Ms. Davis said the original budget under anticipated the actual expenditures for this grant. The funds were available and went towards the Narcotics Task Force grant. To prevent a possible audit finding, it also builds in the additional amount granted, in case some is spent in the last week of June. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution No. 14-24 augmenting the Narcotics Task Force Fund per NRS 354.598005 by $14,396. The motion passed unanimously. (5-0) D. Review, consideration, and possible approval of Resolution 15-24, a resolution providing for the transfer of appropriations between accounts within the City of Elko 2023/2024 Fiscal Budget pursuant to N.R.S. 354.598005, and matters related thereto. FOR POSSIBLE ACTION This is an annual year-end housekeeping item to transfer funds between functions and accounts as required to fund all budgetary changes that occurred during the fiscal year. JD Ms. Davis said this doesn't increase resources and expenditures, but rather reallocates budget expenditures to more closely align with what actually happened. For example, if a department spent less in wages and benefits, and more in supplies, those were moved around. There are no additional expenditures. June 25, 2024 City Council | Minutes Page 18 of 22  Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve Resolution 15-24, a resolution providing for the transfer of appropriations between accounts within the City of Elko 2023/2024 Fiscal Budget pursuant to N.R.S. 354-598005. The motion passed unanimously. (5-0) XIV. REPORTS A. Mayor and City Council Mayor Keener read a letter from a concerned citizen, regarding the condition of River Street, from 5th Street to 12th Street (see meeting minutes packet). He asked Mr. Algerio if the street is slated for slurry seal. Mr. Algerio said no. It is such a condition that slurry seal is not going to do much for it. We have it scheduled next year for design, which would be the first step of a multi-year project, similar to the Cedar Street project. It will include a complete rehab of all the infrastructure. Ms. Baum said the project is ion our five-year CIP. Mayor Keener read a second letter, a petition to council members regarding quality of life policing methods (see meeting minutes packet). He will leave it with the clerk. Chief Trouten said quality of life crimes refer to things like loud music, complaints, unsightly messes, and so forth. The city has taken several steps trying to clean up neighborhoods, the Elko Motel would be an example of a quality of life type issue. However, some of the things mentioned in the letter are not even legal to enforce. They are not considered crimes anymore. You cannot drive intoxicated or be in public streets intoxicated, but you can certainly be at other places open to the public, like the fairgrounds, and be intoxicated. In his opinion, the city is very supportive of law enforcement. He would direct folks to the state legislature and the National Congress as to what has changed since 2015. Since then, there has been a lot of diminishment to what police can do. They are not allowed to make an arrest for many misdemeanor crimes anymore, but rather a citation on the first go-around. Mayor Keener reported there was a wall breaking ceremony at Northeastern Nevada Regional Hospital for their psychiatric unit, which will provide inpatient psychiatric care. Many cases that have had to go through the emergency room before being transported out of town, or even out of state, will now be able to be handled here locally. This will be much less traumatic and disorienting to a patient that is already in a very vulnerable situation. The city provided ARPA funds to help with that. Council Member Stone added that the hospital is hoping to have the unit open before October. Council Member Puccinelli thanked Chief Trouten and his officers for helping when someone threw a rock through his front window. Jeff Ford’s house was also attacked. June 25, 2024 City Council | Minutes Page 19 of 22  B. City Manager Ms. Baum said this was the last meeting of the fiscal year. She announced that per Elko Sanitation’s franchise agreement, there will be a 3.5% increase, effective July 1st. The water rate increase will also go into effect July 1st. G. City Attorney No report. I. Police Chief Chief Trouten said most criminals that law enforcement deals with either have an addiction or mental health issue, or both. Tomorrow, he will be headed to Carson City to meet with the POST Academy Commandant. They are working on statewide standardization of officer training for crisis intervention. The SWAT armored truck is in Elko now. They are hope to officially debut it to the public at National Night Out, the first Tuesday in August. M. Financial Services Director No report. F. Airport Manager Mr. Foster said the CRJ-550 will be arriving into Elko on July 1st. It is the same size of aircraft that we current use, but with a different seating configuration. Hopefully in the next couple of weeks we’ll get our new restaurant operational and rolling. We are planning a joint grand opening for Enterprise Truck and the restaurant. The airport will be hosting the National EMS Memorial Service, who will be making a stop in Elko on Sunday, July 7th at 5:00 PM. They are a national organization that honors EMS personnel that have died in the line of duty. We will be honoring the six local EMS providers that have died in the line of duty, as well as the 36 EMS providers that died last year in the line of duty, nationwide. D. Utilities Director Mr. Johnson said The Big Boy locomotive will be coming through Elko on July 7th before making a stop in Carlin. On July 18th, it will return to Elko and make a stop. He will be bringing an item back to the council to close Manzanita Drive, from 6:00 PM to 7:00 PM. We will be doing interviews for meter vendors on July 17th and 18th. We received seven complete bid packages and one for a variety of things from distributors and manufacturers. They have been narrowed down to four thus far. H. Fire Chief June 25, 2024 City Council | Minutes Page 20 of 22  James Johnston, Fire Chief, said thank you to Ms. Davis and Candi Quilici, Accounting Manager, for putting together the item for equipment and capital purchases. He reported that we hosted the Merck training last week, which is a radiological technology training. We had over 35 people and 16 agencies represented across the state. There will be a full scale drill on September 4th to test our equipment with six different types of RAD sources. He’ll provide more details as it approaches. N. Parks and Recreation Director No report. P. Building Official No report. L. Development Manager Mr. Negron reported that Kurstin Greenland accepted the Environmental Coordinator position. Her current position, Code Enforcement Officer, is now open. K. City Planner No report. J. City Clerk Ms. Laughlin had no report. Annette Robinson, City Clerk Technician II, thanked Ms. Laughlin and Rachel Randall, Planning Technician, for keeping her afloat in the Clerk’s office. C. Assistant City Manager E. Public Works Director O. Civil Engineer XV. 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 June 25, 2024 City Council | Minutes Page 21 of 22  Council Member Stone said Nevada Gold Mines is hosting a bike rodeo this Friday (June 28th). Free helmets will be passed out to the kids, the fire truck will be there, and it doesn’t cost anything. Mr. Hoffman extended an invitation to everyone for a presidential debate watch party being held at Ogi Deli this Thursday (June 27th). Ms. Baum read the public service announcement about mosquito spraying that will be done on July 1st (see meeting minutes packet). There being no further business, Mayor Reece Keener adjourned the meeting at 6:37 PM. Mayor Reece Keener Cathy Laughlin, Acting City Clerk June 25, 2024 City Council | Minutes Page 22 of 22