STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. OCTOBER 15, 2003

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners met in a regular session on October 15, 2003, at the George Boucher Administration Building, 569 Court Street, Elko, Nevada at 8:00 a.m. (Pdst); at the Montello Community Hall, Montello, Nevada at 10:00 a.m. (Pdst); at the Pilot Valley Fire Station at 11:30 a.m.(pdst); at the West Wendover City Hall, West Wendover, Nevada at 3:00 p.m. (Pdst). There were present: County Commissioners John Ellison, Chair Mike Nannini Warren Russell Sheri Eklund-Brown Charlie Myers County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton GEORGE BOUCHER ADMINISTRATION BUILDING, ELKO, NEVADA. The following proceedings were held: Chairman Ellison called the regular meeting to order at 8:01 a.m. He noted that Commissioner Nannini was present via telephone and Commissioner Russell was absent at this time. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted at this time. ELKO COUNTY PUBLIC SHOOTING RANGE FACILITY: Pursuant to Notice No , NOTICE TO BID - ELKO COUNTY PUBLIC SHOOTING RANGE FACILITY, bids were received and opened on October 14, Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive, responsible bidder. Randy Brown noted that there were two bids received: Canyon Construction s base bid was $74, w/alternate (1) at $41,217.00; alternate (2) $10,011.60; and alternate (3) $31, deducted; Ormaza Construction base bid was $78,212.00; with alternate (1) $33,520; alternate (2) $3,600.00; with alternate (3) deducted $14, Randy Brown noted that their current budget for this project was $69, However, the PAGE 1

2 Northeastern Nevada Pistol and Rifle Association had agreed to make up the difference from the $69,750 budgeted for this project. He stated that there was a difference of $8, Randy Brown recommended that they approve the bid from Ormaza Construction with the contribution from the Rifle Association. MOTION: Commissioner Myers moved to award the bid in the amount of $69, to Ormaza Construction with the difference being made up by the Shooting Club. Commissioner Nannini seconded the motion. The motion was passed unanimously. Kristin McQueary requested that the Northeastern Nevada Pistol & Rifle Association agreed to that contribution. John Kohler, President of the Northeastern Nevada Pistol & Rifle Association and Dani L. Kohler, Secretary, confirmed that the Association would make up the difference in the bid. Randy Brown stated that he would need authorization to initiate the Notice to Proceed on the bid. MOTION: Commissioner Myers moved to authorize the Notice to Proceed. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously. ELKO COUNTY TREASURER: The Board considered the approval of a delinquent tax trust property sale. MOTION: Commissioner Eklund-Brown moved to approve to proceed with the delinquent tax trust property sale. Commissioner Myers seconded the motion. The motion was passed unanimously. COMMENTS BY THE GENERAL PUBLIC: Assemblyman Carpenter submitted a copy of the Senate Joint Resolution #2 urging the Secretary of the Interior, the Secretary of Agriculture and Congress to take certain actions concerning expenditures of money for restoration of and water developments on public lands in Nevada. He requested that Elko County include the water development within their recommendations for the amendments to SNPLMA. He stated they had been in contact with Senator Ensign to hopefully get this changed so that the federal agencies did not buy all the land in Northern Nevada. He hoped that the BLM and Forest Service would be able to use these monies to improve what they already have. Commissioner Eklund-Brown noted that under (3) Availability of special account (A)(ii) there were the capital improvements at the Lake Mead National Recreation Area. Commissioner Ellison agreed that water development should be PAGE 2

3 included in their recommendations. There was a short discussion upon the recommendations submitted by PLUAC. Assemblyman Carpenter complimented them upon the recommendations submitted by PLUAC but reiterated his request that water development be included with those recommendations. Commissioner Nannini suggested that recreational facilities be considered. Commissioner Nannini inquired about the inclusion of Elko County recreational facilities improvements since Clark County was utilizing the funds for their recreational facilities. Assemblyman Carpenter stated those camping facilities were within the recommendations submitted by PLUAC. Commissioner Nannini inquired if that could be added to the Senate Resolution as an amendment. Assemblyman Carpenter replied that would probably have to be addressed in the next session. Assemblyman Carpenter stated concerning the study they were performing upon the combination of the two cities West Wendover, Nevada and Wendover, Utah the members were chosen for that subcommittee of the Legislative Committee on Public Lands. He stated that he, Senator Dean Rhoads, and Senator Michael Schneider were the members and the staff person from the Legislative Council Bureau would be Scott Young. He stated that there were no meeting dates scheduled yet. CONSENT AGENDA: Approval of Preceding Minutes: October 1, 2003: Board of County Commissioners; Board of County Highway Commissioners; Jarbidge Town Board, and the Montello Town Board. October 2, 2003: Board of County Commissioners, and the Board of County Highway Commissioners. Approval of Claims: The Board reviewed the claims submitted for approval. Approval of Travel Requests: The Board considered approval of the travel requests that may be pending. Acceptance of Justice of the Peace Quarterly Financial Reports: The Board considered acceptance of Justice of the Peace Quarterly Financial Reports pursuant to NRS Human Services Department: The Board considered approval of the step increases for the Sheriff s Employee Association Bargaining Unit, effective October 1, 2003: Matt Leahy and Vallerie Steinfeld. MOTION: Commissioner Eklund-Brown moved to approve the Consent Agenda item IV in its entirety. Commissioner Myers seconded the motion. The motion was passed unanimously. PAGE 3

4 COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Eklund-Brown suggested that if there was a Commissioner concerned about a violation of an open meeting law that they should bring their concern directly to this Board. Chairman Ellison recessed the meeting at 8:16 a.m. THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO MONTELLO, NEVADA TO RECONVENE AT THE MONTELLO COMMUNITY HALL, AT 10:00 A.M. (PDST). MONTELLO COMMUNITY HALL, MONTELLO, NEVADA. Vice-Chairman Nannini called the meeting to order at 10:15 a.m. in the absence of Chairman Ellison. Staff included County Manager, Robert Stokes, Deputy Clerk, Marilyn Tipton and Public Works Director, Lynn Forsberg. PLEDGE OF ALLEGIANCE: Commissioner Russell led the meeting participants in the Pledge of Allegiance. COMMENTS BY THE GENERAL PUBLIC: Henry J. Casolari, Chaplain of the Volunteer Fire Department asked for authorization to give a dedication prayer at the Pilot Valley Fire Station. Vice Chairman Nannini stated he most certainly could. Happy Barton, thanked the Board for the ramp. PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE MONTELL0 COMMUNITY: Commissioner Nannini presented the plaque to Shorty Self on behalf of the Citizens of Montello. The Board considered approval of a Certificate of Appreciation to the Citizens of Montello for their efforts to improve their Community. MOTION: Commissioner Myers moved to approve the Certificate of Appreciation to the Citizen of Montello for their efforts to improve their community. Commissioner Russell seconded the motion. The motion was passed unanimously. Chairman Ellison arrived at 10:19 a.m. and called the Montello Town PAGE 4

5 Board to order. The regular meeting was reconvened at 10:50 a.m. TUSCARORA TAVERN - SOCIETY HALL: The Board considered approval of a change order to the construction contract for the remediation of the environmental hazards associated with this project. Lynn Forsberg noted that the Board had previously approved an expenditure for the disposal of the asbestos material. However, the actual cost had exceeded that proposed budget. He stated it would cost about $ which exceeded the budgeted amount of $ He noted that of that $4,0000 there was $ allocated to the payment for the report. He stated they would be $ short. Commissioner Eklund-Brown noted that was their estimate at the time. Lynn Forsberg agreed that was their best guess. Commissioner Ellison inquired where the $ came from originally. Robert Stokes stated it came from the salary savings but that funding source was getting rather low. Robert Stokes stated that they could look at that fund again. Commissioner Myers suggested that they give their approval and let Rob and Cash determine what fund it should be taken out of. He cautioned them that they needed to keep an eye upon the budget. He believed they would have a budget review sometime in December or January. MOTION: Commissioner Myers moved to approve the change order to the construction contract and let Rob and Cash determine what fund it should be taken out of. Commissioner Nannini seconded the motion. The motion was passed unanimously. Jay Nance stated that they should address the solid waste issue wherein people where people were bringing in several refrigerators. Commissioner Ellison noted they had previously discussed Community Development bringing down a trailer to take care of that. Lynn Forsberg stated that they could request a drop bin just for that type of solid waste. He noted that Charles Voos had previously outlined that procedure for an extra bin. Laura Bennett noted that previously in the Spring and Fall they bought in an extra dumpster so they could clean up their yards for that purpose only. She noted with one dumpster it filled up fast. She noted that if there was an extra dumpster then they could throw in their refrigerators, tires, and batteries. Commissioner Myers suggested a community weekend clean up day or weekend be established and then they could call Robert Stokes so they could bring out a dumpster. He asked that if they let the county know what date the community clean up day was scheduled this issue could be taken care of. Jay Nance noted he had batteries stacking up because they were not supposed to dump batteries or appliances. Jay Nance suggested that they allow PAGE 5

6 them to stack this waste on a lot to be hauled off at a later date. Commissioner Russell noted for example the City of Carlin had an annual clean up day. The Carlin citizens put out their waste on the streets and then their City crew hauled it off. Commissioner Russell noted that the City of Carlin had pride in their community and they make a big day of it. He noted they hold a picnic associated with that day. He agreed with Commissioner Myers and felt they should establish their own community pride day. Jay Nance noted they had no control over the people in the flats. He did not want to go to the desert to clean up. Commissioner Russell suggested that they limit their clean up to their own Montello community. He noted that the County could provide a means to haul it away. Joyce Cowling noted that paint, paint thinner or painted wood could not go into the dumpster. She inquired if there was some way to address this hazardous waste. Commissioner Ellison felt that would fall in with the batteries. Robert Stokes stated they would speak with Southern Idaho Waste to get more information on how was the best way to handle this. Jay Nance noted that they did have to deal with the gas in the old refrigerators. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: No comments were submitted. Chairman Ellison called at recess at 10:59 a.m. to travel to Pilot Valley. THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO THE PILOT VALLEY FIRE STATION AND RECONVENED AT 11:30 A.M. (PDST). PILOT VALLEY FIRE STATION. Vice-Chairman Nannini reconvened the meeting to order at 11:45 a.m. in the absence of Commissioners Ellison, Eklund-Brown and Myers. NORTHEASTERN NEVADA FIRE DISTRICT: Dedication of the Pilot Valley Fire Station: There was a dedication ceremony of the Pilot Valley Fire Station for the protection of citizens and property from fire and wildfire in the Pilot Valley area. Henry J. Casolari, Chaplain gave a dedication prayer. Commissioner Nannini noted the lengthy time frame it took to accomplish this project. He thanked the Sheltons for the donation of the land and noted there was a communication problem so the Sheltons were not notified of this ceremony. PAGE 6

7 Commissioner Nannini stated they would notify the Sheltons and take some pictures later. He noted the efforts expended to get a private contractor to build the facility with the limited budget they had to work with. Commissioner Nannini noted the new piece of equipment housed in the new fire station. Commissioner Nannini stated, on behalf of all the Commissioners, they thanked each and every one of them for all their help on this project. BLM National Fire Plan Grant: Tom Turk noted that this truck was acquired through a grant with a 10% match in training value. He stated that BLM had looked at many applications for these fire apparatuses and several had been put in the hands of the capable volunteer fire departments throughout the County. He stated Elko had been a recipient of a couple of the BLM trucks, Jackpot had also received one truck as well as the Pilot Valley Volunteer Fire Department. Commissioner Nannini noted there were a lot of grants available now for fire equipment. He complimented the Wendover Fire Chief for acquiring a lot of those grants to get the necessary equipment. Gary Zunino of NDF stated that they would also be eligible for a tinder pumper apparatus which could assist in structure fire protection. He stated it would take approximately eighteen months to build up that fire apparatus for this community. Bob Farrell thanked the Nevada Division of Forestry and the County Commission for making this possible. Tom Turk stated this was funded through the Community Block Development Grant program and they actually received the grant funding in 1999 or He stated they went through the design phase and several bid processes to get the building in place due to their limited budget. Tom Turk noted that they could take these plans for this facility to any future site and add any adjustment to that new location. Commissioner Russell felt this facility was symbolic of Elko County s dedication to fire service and emergency service throughout the County. He stated it took a lot of time to do these things, to get the money and to equip these facilities. He stated this represented their intention to take care of these kinds of emergency situations and provide first class service, equipment and training for everyone in Elko County. He stated that even with budget restraints they had moved forward with several of these projects. Commissioners Ellison, Eklund-Brown and Myers arrived at the Fire Station at 11:50 a.m. Commissioner Nannini noted that they needed a Motion for the dedication of the Pilot Valley Fire Station PAGE 7

8 MOTION: Commissioner Ellison moved to dedicate the Pilot Valley Fire Station. Commissioner Russell seconded the motion. The motion was passed unanimously. The Board considered acceptance of the newly acquired fire apparatus from the BLM National Fire Plan Grant. MOTION: Commissioner Russell moved to accept the newly acquired fire apparatus truck from the BLM through the Rural Fire Assistance Grant. Commissioner Ellison seconded the motion. The motion was passed unanimously. Certification of Appreciation - Gary Zunino: Commissioner Nannini noted that they would be losing Gary Zunino to the UNR Fire Science Academy. The Board presented a Certificate of Appreciation to Gary Zunino for his dedicated service to the Northeastern Nevada Fire District for the past seven years as the Nevada Division of Forestry Regional Forester. Gary Zunino stated he appreciated the Certificate. He stated the thing he would miss the most was working with all the volunteers. He noted there were a lot of those volunteers present today. He stated in the region that he managed there were three fire districts they administered Elko, White Pine and Eureka counties. Gary Zunino stated that without the volunteers there would be no fire districts in Nevada. He appreciated the efforts that all the volunteers put in. He appreciated the support that he had received from the County Commission personally and professionally. Commissioner Ellison noted that Gary Zunino had accomplished a lot for the rural areas and complimented him upon his management skills. He acknowledged that the Fire Academy would benefit from his kind of skills and dedication. He hoped that Gary Zunino would keep in close contact with the County. Chairman Ellison assumed control of the meeting. PILOT VALLEY: Commissioner Ellison noted they had just bladed the Pilot Valley Road. Robert Stokes noted that previously they had a request from an individual that they pave the Pilot Valley Road in phases. He stated it would cost approximately one million dollars a mile to engineer, build and pave this road. He felt it would cost approximately 35 million to pave the entire road. Al Cohen stated that further down the road it was more rough. Robert Stokes noted that they could not efficiently perform road maintenance without sufficient PAGE 8

9 moisture. He stated they could only come to the region within certain times of the year. Robert Stokes reported that they had a road department which maintained more than 1040 miles within the County. Robert Stokes stated that the department had to also address emergency situations such as washouts which were frequent to the County. He stated that the individual who wanted the Pilot Valley Road paved had suggested it be performed over a five year period. Robert Stokes stated that within a five year time period it would be approximately seven million dollars a year. He pointed out that the annual road budget was approximately two million dollars to maintain the entire County. He stated they did not have the money to pave this road and other areas in the County were asking for the same thing. He stated that during the Summer they could not put enough water on this road to perform sufficient maintenance. Al Cohen stated that they had previously maintained the road more often. He stated this was the first time it was maintained this year. Commissioner Ellison stated that last year he met with NDOT in Carson City and asked them to look at this road as an alternate route from West Wendover. He stated that he did not get much encouragement from NDOT personnel. Al Cohen felt they had performed more maintenance in the previous years and this was only the second time they had been out here this year. He did not really want them to pave it but he would like to see them come out here once or twice a year to fill in some of the pot holes. He would like them to maintain it enough so it was not destroying their vehicles. He acknowledged that there was speed upon the road. Robert Stokes stated the County found they had problems with speed throughout the County. He noted that when you find the gravel about 100 feet off of the road it was due to speed. He cautioned that speed destroyed gravel roads and the road beds. He noted that this was a countywide problem. Commissioner Eklund-Brown noted that it was two times more than a lot of places that got maintained in the County. She stated that there were a lot of subdivisions with a lot of people in them that never had maintenance and were complaining. She noted that those subdivisions had a lot more people with higher traffic counts. Commissioner Ellison stated that they tried to address their concerns when they received them. Tom Turk noted that Keven Hall had overseen the construction of this facility. There was a round of applause for Keven Hall for his participation on the project. Chairman Ellison called a recess at 12:05 a.m. THE MEETING WAS RECESSED AT THE PILOT VALLEY FIRE STATION FOR TRAVEL TO THE WEST WENDOVER, NEVADA WHERE THE MEETING WOULD RECONVENE AT THE WEST WENDOVER CITY HALL AT 3:00 P.M. (PDST). PAGE 9

10 WEST WENDOVER CITY HALL, WEST WENDOVER, NEVADA. Chairman Ellison called the meeting to order at 3:00 p.m. PLEDGE OF ALLEGIANCE: Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance. COMMENTS BY THE GENERAL PUBLIC: Commissioner Eklund-Brown inquired what the house in the seal of the State of Nevada represented. Commissioner Ellison explained it represented the granary. He noted the emblems in the seal represented the mining, the Hoover Dam, the granary and the crops, etc. Commissioner Ellison noted that the Ninth Circuit Court of Appeals was again looking at the Pledge of Allegiance verbiage. Robert Stokes believed it was going to the Supreme Court. Commissioner Ellison suggested that they send the appropriate letters. CITY OF WEST WENDOVER: Jamey Reilly, West Wendover City Councilman, requested that the Woman, Infants and Children (WIC) program be established. She noted that the people had previously received service on the Tooele side but now they were told the people living on the Nevada side would not be serviced any longer because they were not Utah residents. Commissioner Russell noted that this was a federal program. Jamey Reilly noted that she had talked to a representative from Senator Reid s office regarding this. She stated that the representative had asked that she speak to the County Commission. Commissioner Ellison suggested that they send a letter to their congressional delegates. Robert Stokes noted that the WIC program was a federal program but it was usually ran through a State or County agency. Jamey Reilly stressed that they needed to educate the young mothers in the community. Commissioner Ellison reported that Assemblyman John Carpenter had stated that they were putting together a committee to study the annexation of the two cities West Wendover, Nevada and Wendover, Utah. He stated that together with Assemblyman Carpenter, Senator Rhoads and Senator Schneider of Clark County was on that study committee. Commissioner Ellison noted that Legislative Council Bureau staff would also help with that committee but there would be meetings scheduled in Wendover. Robert Stokes stated the legislative staff would be Scott Young. Chris Melville stated he had spoken to Senator Rhoads about this committee. He understood that the committee would be combined with Utah PAGE 10

11 legislators to hold the meetings. Commissioner Ellison felt that some of the Commissioners would also attend that meeting. Jamey Reilly inquired if Scott Young was from Las Vegas and received an affirmative response. She noted the people who were attempting to purchase the Big Springs Ranch was from Las Vegas. Jamey Reilly understood that Scott Young was to come and view the ranch. Chris Melville noted that he had not met with any of them. Commissioner Ellison inquired how they were doing on the recycling of bottles. Chris Melville, West Wendover City Manager replied there were sixty houses in the pilot program that were participating. He believed that pilot program would run for another month or so. Chris Melville that the Stateline had volunteered to participate in removing the bottles from the bars which created a huge impact to the compact plant. Jamey Reilly noted that the Red Garter had also agreed to recycle the bottles as well. Chris Melville replied that currently they only shipped out scrap iron but they hoped to establish a full bottle recycling program. Robert Stokes requested further information on that project. He noted that the City of Elko ran the local landfill and they did not perform recycling due to the transportation costs. Commissioner Ellison inquired about the railroad within their plan. Chris Melville stated there were rails on the Utah side and they were talking about rail spurs on the Nevada side. Commissioner Myers inquired about their tax levy rate (TLR) for West Wendover. Chris Melville replied that their rate was higher which was approximately $3.40 or $3.50. Commissioner Myers noted there were studies performed earlier and inquired about costs if they combined the two cities. He noted there was a large debt on the airport which needed to be factored in. Chris Melville stated that they were aware of the airport debt. Commissioner Ellison noted there were also environmental problems. Chris Melville stated that it had came to their attention that there were infrastructure problems with water and lime treatment. He noted those water problems were not within the previous study. He believed that the newly formed committee would have to consider those infrastructure costs in Wendover, Utah. Commissioner Myers noted Wendover, Utah s infrastructure was in worse shape than West Wendover s. Chris Melville stated that their community was much older than West Wendover s. He stated that there were no replacement costs in the study because the system was operating through repairs. He stated they had performed several CDBG grants on some streets. Commissioner Myers believed that Utah probably qualified due to their income level. However, if they were combined then they might not qualify for those grant funds. Chris Melville noted that there was a larger Hispanic population over there so the demographics would change. He stated there was more difficulty on the Nevada side to qualify for grants PAGE 11

12 so the annexation may actually help. Commissioner Ellison noted that the amount of indigent care to the Utah side was more. He inquired if they had reviewed those issues or if it was in the studies performed. Chris Melville felt those issues would be revisited again by that committee because it had been a year since that study was completed. Commissioner Myers felt that the indigent care and things like that should be relayed to the County because there would be an impact to the County. Commissioner Ellison agreed and that was why he would request County representatives be present at those hearings. Commissioner Nannini inquired about the combining of the schools. Jamey Reilly noted that enrollment on the Utah side had declined but they had not closed the school yet. She felt that Utah would look at that issue again because only 120 children were enrolled in the elementary school. She stated that their High School was in need of repairs. Jamey Reilly stated that they had looked at a joint system in which they would allow Elko County to use their building so they could have two elementary schools. She noted that they still had several modular units at that school. Commissioner Nannini inquired about the debt load in the amount of 7.9 million. Chris Melville stated that they had a 2.5 million debt remaining because it was a combined debt issue. Commissioner Russell noted they performed the study a year ago and inquired if Chris Melville anticipated that they would review those items to reissue that report with those amendments. Commissioner Russell stated he assumed then they would perform a cost benefit analysis on the annexation vs. leave it as it was. Chris Melville noted that too many issues had changed such as the water issues so there would have to be a review of that study and those issues. Commissioner Russell understood that the infrastructure problems in Utah were very broad in their need for repairs. He believed they would have to schedule those repairs over a long term period. He inquired if they had anticipated that within their study. Chris Melville noted they addressed their improvements within a long term process. He stated that the USDA had been forthcoming and offered participation in case the annexation went forward. He noted that they could do some self help programs through the USDA. Commissioner Russell noted they had not anticipated the immediate infusion of millions of dollars worth of capital. Chris Melville stated that they had anticipated including those into the capital improvement program. He stated that they would have to prioritize what had to be done. Commissioner Russell inquired if they had anticipated the annexation of services through the City rather than the County. Chris Melville stated their intent was to address those service issues through the City rather than the County. He noted it would include 10,000 acres more within the city limits. Commissioner Ellison noted there were areas by the railroad with environmental issues. He stated that the airport also had some issues. Chris Melville stated in September he and the Mayor met with a Hill Air Force Base PAGE 12

13 delegation and they had reviewed that environmental issue. He stated they had addressed the test wells, the transfer station and the aviation fuel storage areas. He noted that there was no bleeding over into the Nevada side presently. He reported that there were discussions being held with the Air Force upon that issue. Commissioner Nannini noted that Joe Aguirre, Elko County Assessor had stated there would be a cost to reassess all those properties. He stated it would take extra staff to complete the assessment within one year. Commissioner Russell suggested that the assessment be addressed in phases. Commissioner Nannini reported that Joe Aguirre had stated they would have to assess them all at once so that they would go on the tax roll. Commissioner Russell requested clarification that if Wendover was annexed they could not tax Wendover, Utah unless it was individually reassessed by Elko County. Commissioner Nannini noted that they would have to be reassessed within a certain time frame to go on the tax rolls. Commissioner Ellison noted that there would have to be new maps drawn for the County. Robert Stokes stated that there would a lot of transitional items to address. Commissioner Nannini noted that there would be planning and zoning issues involved also. He stressed that the reassessment process would be a costly item. ELKO COUNTY PUBLIC LAND USE COMMISSION (PLUAC): Southern Nevada Public Land Management Act (SNPLMA): The Board considered PLUAC s recommendations for suggested amendments to SNPLMA for Commission review and discussion. Commissioner Eklund-Brown noted that Bob St. Louis had submitted four recommendations. She stated that during the discussion at PLUAC they were all basically in agreement with Bob St. Louis recommendations. However, she did not agree with a portion of the first recommendation, as follows: Lands acquired under this section outside of Clark County shall be offset by disposal of federally managed lands within the same County as those lands acquired under the Act. Such disposal shall be on an equal basis, and acquisitions shall not be completed until the appropriate disposals are made. Commissioner Eklund-Brown stated that if there was a time frame in Las Vegas and if the disposals had to be coordinated with the appraisals and EAs then it would not be a timely process for anyone. She believed there would be a lot of takings issues. Commissioner Ellison noted it would be a fail safe to include any and all counties that were impacted. Commissioner Eklund-Brown noted that Bob St. Louis wanted that sentence in there so there would be a no net loss. Commissioner Eklund-Brown stated she did not have a problem with no net loss but commented upon the lengthy time period it took to dispose of land. Commissioner Nannini noted that it was impossible to get rid of PAGE 13

14 100,000 acres. He stated that they could give it to the communities but that would flood the market. He felt that the ranching communities could buy out their allotments which would not affect the property values. Commissioner Ellison noted then the tax base would be increased. Commissioner Nannini stated this would enhance the family ranching. Commissioner Eklund-Brown noted that the IL Ranch sold a 100 million so they would have had to transfer in 100 million. She stated that the properties they have identified would not sell for 100 million. Commissioner Nannini noted that was their asking price but the ranch may not sell for that. Commissioner Eklund-Brown read the second recommendation: reimbursement of costs incurred by local offices of the Bureau of Land Management in arranging sales or exchanges under this act; and. Commissioner Eklund-Brown reviewed Bob St. Louis recommendation to assist federal land management agencies within the State of Nevada to maintain lands and facilities they currently have under their management. This would include repair, improvement and expansion of existing infrastructure and facilities that benefit the visiting public; examples include, but are not limited to: trails, camping facilities interpretive signs, roads and wildlife enhancements. Commissioner Eklund-Brown suggested that they add parks and they could add Assemblyman Carpenter s suggestion restoration of, and water developments. She noted that the main thrust of the Senate Joint Resolution No. 2 was to pay for restoration of and water developments on the public lands in the areas of Nevada where public lands are sold or exchanged pursuant to the Act. She felt that was a good place to insert that. Commissioner Eklund-Brown read Bob St. Louis fourth recommendation: to preserve public access through all lands acquired under this Act. Any access easements that are acquired shall be conveyed to the County in which the easements are located. Commissioner Russell requested that they discuss the first recommendation. He stated that he totally agreed with Commissioner Nannini upon the preservation of the family ranches. He noted that both Bob St. Louis and Commissioner Eklund- Brown had made some good points. He was looking for compromise. He felt that there should be a time value of perhaps three years which would give flexibility to the people who were selling, for making the purchases and for the land disposals. Commissioner Ellison felt that a time limit should be placed upon it. Commissioner Russell believed that they have a situation wherein the BLM had land listed for disposal but no one wanted to purchase it. He asked what if the BLM made an equal value amount of land available but no one purchased it at the price the BLM was asking for it. Commissioner Eklund-Brown noted it would have to be listed at fair market value. Commissioner Russell noted that if they had a PAGE 14

15 situation like that then they would have no impact because they still had not replaced that private land with the sale of federal land. He encouraged that the federal land sales occur within a set time period. Commissioner Myers stated that if they stay with the no net loss the County was not in the position to enforce the no net loss policy other than through the mechanism of the vote which was 10 points. Commissioner Myers stated that if they placed a time frame upon it how would they enforce it? He stated that even with the County having a no net loss and that was what they were trying to get out in the first paragraph; he did not know how they could enforce it under SNPLMA when they were selling land in Clark County. Commissioner Myers felt that Helen Hankins (BLM) could set aside a piece of property such as on top of Adobe Heights that no one wants, and say that she had property for sale but no one wanted it. He inquired how they would get to the no net loss quality. Commissioner Russell questioned their ability for enforcement except through the 10 points. He stated that they were dealing with federal law. He noted that they were only sending in recommendations for changes to the federal law. He stated that if the federal law was changed then the land agencies would have to follow it. Commissioner Eklund-Brown suggested that they delete the last sentence and state something like: We would strongly encourage and support disposal upon an equal value basis, and sales to ranchers of allotments or to mines. She noted there were different types of uses that were already using the federal land that would like to purchase it. Commissioner Myers stated he would like to see the first part of that sentence left. He suggested the wording: Such disposal shall be on an equal value basis, or and then list the items that Commissioner Eklund- Brown suggested (sales to ranchers of allotments or to mines). He stated that if they say strongly encourage it would leave room for them to say that they chose not to do that. He suggested that it be part of the law. He felt it should be Such disposal shall be on an equal basis which may include the following: grazing allotments, and mining claims. Commissioner Eklund-Brown suggested that they delete and acquisitions shall not be completed. Commissioner Nannini noted that what they were asking them for monies to help with trails, camping facilities, etc. He suggested that they tie it into a dollar amount. Commissioner Eklund-Brown noted they had addressed that in another area such as tax annuities. Commissioner Nannini stated he was talking about ie., the IL Ranch sold at 100 million then they would have to give the County 20% so they could use it for recreational enhancement. He stated that those dollars were tied to recreational enhancement for Las Vegas but they did not expand that part. Commissioner Myers stated he had a question about that too. He noted that water treatment facilities were included also. He read: 10% of this shall be paid directly PAGE 15

16 to the Southern Nevada Water Authority into the record. However, they have come to Elko County and acquired lands within this County. Commissioner Eklund-Brown read into the record: 5% to general education, 10% to the Water Authority. Commissioner Myers noted that it stated for the Southern Nevada Water Authority. Commissioner Eklund-Brown noted that 5% went to general education. Commissioner Myers pointed out that the 10% did nothing for the Elko County water system. Commissioner Ellison noted that it did nothing for Elko County yet Elko County land was being disposed of. Commissioner Eklund-Brown noted that they had before them the amendment to divert some of that money to Lake Tahoe. Commissioner Russell noted that if they protect their land they protect their water too. He stated that water may be a challenge in the future for Elko County. He stated that if they move away from protecting lands then they would de focus the changing of the law which was to prevent massive acquisitions of private property in Elko County and turning it over to the federal government. He believed their attention should be focused upon the main reason that they were objecting to SNPLMA. He stated that they were objecting to them buying large amounts of lands within Elko County and taking them out of the realm for use of ranching, mining and public access by making them forest or wilderness. He suggested that they establish a goal or an objective. He believed they should establish a goal to discourage the acquisition within the county. Commissioner Russell believed they would get involved in politics in Southern Nevada if they ask for money. Commissioner Nannini noted if the individuals sold the private property off in Elko County, then there should be some money given to the County to develop infrastructures within the County. He stated that if they had cash they could develop infrastructure, recreation, and other development. He noted that their revenue source was being deleted by these sales. Commissioner Nannini noted that if they suggested tax annuities that were at a minimal amount because the ranchers do not pay a large amount of taxes. He felt that if they received a percentage of the sale, then they could utilize the revenue to develop other land within the County. Commissioner Russell believed then they were encouraging them to buy the land within Elko County. Commissioner Myers noted this Act was centered around the purchase of sensitively environmental property. He noted that if acquisition stayed around the realm of that law, then they would lose some property but they would not lose all the property. He felt that if they look under the letter of the law and they go out and find one little sensitive plant, he inquired if that made that property eligible. He was unsure what the policy was to declare a piece of property environmentally sensitive. Commissioner Nannini noted that they had several properties nominated in Elko County. If they buy that property in Elko County, then the County should receive some revenue. He noted that they only have a 10% PAGE 16

17 voice in the sale process, and felt that they should be reimbursed for what the Act had done to them. Commissioner Ellison noted if they allocate it to recreation then they could not utilize that for infrastructure development or roads. Commissioner Russell noted that most of the land being purchased had water rights attached to it. Commissioner Russell stated that the Humboldt River Water Basin Authority was trying to discourage the purchase of water rights and acquisition of water rights by the BLM. He noted that this had been addressed through the legislature. He believed that the BLM would be able to acquire water rights. Commissioner Russell stated one of the engines for economy was water and they should look at discouraging the purchase of land with water rights on it because it would cause an economical loss. Commissioner Russell noted that most industry had to have some source of water to function. He stated that the agriculture was growing smaller and it had to have water for the stock, to irrigate the fields or it would stop functioning. He stated the argument could be that agriculture could be replaced by recreation and hunting. However, they would take away the water which was important for the remaining agriculture and it would affect the wildlife. Commissioner Russell noted that the City of Elko was limited to growth but not through the land availability but rather the acquisition of water. He stated there was plenty of BLM land available for sale around the City. He stated the real limit was the availability of water. Commissioner Russell stated that if the acquisition of water throughout Elko County continues because of environmentally sensitive land or because of land acquisitions with water rights, then the engine of progress and the health of our economy would be diminished. Commissioner Russell noted if the mines lost the water rights then they would not be able to continue to work. He stated there would be no grazing without water. Commissioner Nannini agreed with Commissioner Russell that they needed to preserve the water. Commissioner Myers agreed but questioned how they would do it. Commissioner Eklund-Brown stated that on the application process they have those rights included. She noted the definition under the act for environmentally sensitive lands was (A) promote the preservation of natural scientific, aesthetic, historical, cultural, watershed, wildlife and other values contributing to public enjoyment and biological diversity; (B) enhance recreational opportunities and public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (d) otherwise serve the public interest. She felt that left it wide open. Commissioner Russell noted that the encouragement of mining was excluded Commissioner Eklund-Brown stated they were not purchasing the land for mining. Commissioner Russell stated that they were purchasing the IL Ranch. Commissioner Eklund- Brown inquired why he thought that when the federal government acquired it the PAGE 17

18 water would be lost forever. She noted a private property owner may have used it for agriculture and it may not be used for that in the future so it would be available to other downstream users. Commissioner Myers noted that this was brought up in the process before but everyone knew that Las Vegas was looking for water. He inquired what precluded money being spent in Elko County in purchasing water rights in Elko County for Las Vegas under this particular Act. Commissioner Myers inquired if that could be done. Commissioner Eklund-Brown noted that 10% of the sales proceeds did go to the Southern Nevada Water Authority. Commissioner Ellison noted that Elko County had listed seven items with regards to the IL Ranch and they did not even have to consider their recommendations because within their point system they could walk right past Elko County. Commissioner Eklund-Brown noted that all they had to do was consult with the local county. Commissioner Myers stated the first philosophy that the board had discussed was private property rights. He inquired at which point in time do they, as elected officials, step in and make a judgment upon private property rights. He stated that if they believed in private property rights then the county did not have a big say. Commissioner Myers stated if the County did not want the federal government to purchase any more private land then they would have to interfere with private property rights. Commissioner Ellison noted that they were utilizing Las Vegas money to buy federal land so therefore they were taking away from the tax base and the future enhancement of that ranch. Commissioner Nannini clarified that private money was purchasing the BLM land outside of Las Vegas so they could create homes, businesses and whatever in Clark County. He stated now they were trying to figure out what to do with all the money from those sales. He stated they would utilize as much of that money in Clark County as they could then they would go out in the State. He noted that money was being brought up here. Commissioner Myers noted that this Act did not just address environmentally sensitive land. He stated it addressed recreation, etc., and they could come up to Elko County and look at any private property and make an offer under the current land act. Commissioner Nannini cautioned that they had approximately 480 million in that pot. Commissioner Russell felt that they should be unified upon PLUAC s recommendations regarding private property rights. He noted the way they could get the folks on board who was at issue with the private property rights would be to talk about the replacement of private lands. He felt they should encourage replacement of private land within that County. Commissioner Nannini inquired how they could dispose of that property yet not flood the market with a lot of federal property. Commissioner Russell reviewed some of the earlier recommendations. Commissioner Nannini felt they needed a special meeting or a workshop and he did not want to vote on it today. Commissioner Myers agreed with the workshop PAGE 18

19 idea and he did not want to rush into this. He stated the other problem was that it was very ingrained in each one of them on how they personally felt about each issue. He believed that the County Manager could facilitate this workshop. Commissioner Ellison felt that the public should be involved in this process. He noted that he was not in favor of more federal ground in Elko County. Commissioner Myers felt that public input should be before the process or after the process. Commissioner Eklund-Brown noted they were going into Round 5. Commissioner Nannini felt that they should allow the people that were utilizing the federal land the opportunity to buy more of that federal land to stay in business such as the ranching or the mining industry. He believed that the counties should receive some funding from these sales to apply to their infrastructure or recreational development. Commissioner Eklund-Brown noted that Clark County was getting more land, more money, and they were not losing anything. Commissioner Nannini noted that those private individuals who were buying the federal land in Clark County would go back upon the Clark County tax rolls which raised their assessed valuation. Commissioner Eklund-Brown noted they were also getting revenues for their Water Authority. Commissioner Nannini stated that the County would have to raise their assessed valuation and inquired how they would do that. Commissioner Russell suggested that they divide the process within parts to address individually all the issues. Commissioner Nannini noted if they had 20 million dollars they could buy East Wendover in Utah which would bring in more assessed valuation. Commissioner Eklund-Brown noted that money could be applied to the industrial parks in Carlin and Wells. Commissioner Ellison requested that Robert Stokes schedule a workshop and set guidelines. Commissioner Myers suggested three guidelines: personal property rights, no additional federally owned/managed property within Elko County, and dollars to offset the property, water, grazing rights and mining claims. Robert Stokes inquired if they wanted involvement by federal agencies. Commissioner Myers felt they should just be working through these problems. Commissioner Russell felt it should be just the commission members. Commissioner Nannini questioned their holding a workshop without public involvement. Robert Stokes clarified that anytime the five members met, the public would be able to attend. He inquired if they wanted the federal agencies to be active participants or would they limit the conversation to only the five Commissioners. Robert Stokes stated there would be federal personnel who would offer their services to try and sway the Commission members. Commissioner Myers would like to see only board members participate in the conversation and hopefully the experts would be there to answer any of their questions. Commissioner Ellison suggested a comment period at the PAGE 19