Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. September 2, 2015 The Board of Elko County Commissioners met in regular session on Wednesday, September 2, 2015, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Demar Dahl Glen Guttry Delmo Andreozzi Cliff Eklund Rex Steninger County Manager Robert Stokes CFO/Asst. County Mgr. Cash Minor NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Sheriff James Pitts Library Director Jeanette Hammons Chairman Dahl called the meeting to order at 1:30 p.m. Marilyn Tipton led the meeting participants in the Pledge of Allegiance. Chairman Dahl commented upon the statements made at the Humboldt River Basin Water Authority last week with regards to the future weather conditions by a weather expert from Utah. 1:32:06 PM: I. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted. 1:32:41 PM: II. LADIES AUXILIARY TO THE VETERANS OF FOREIGN WARS POST 2350 DAUGHTERS OF THE AMERICAN REVOLUTION RUBY MOUNTAIN CHAPTER: PAGE 1

2 A. Vietnam Veterans 50 th Anniversary Commemorative Event: Discussion and consideration of the approval of Proclamation 2015-L honoring our Vietnam Veterans declaring September 26, 2015 as Vietnam Veterans Commemorative Day. B. Discussion and consideration of approval of a donation of $250 for the September 26, 2015 events entitled, Vietnam Veterans Welcome Home Celebration which includes a Downtown Parade, an afternoon Reception, a Dinner and evening Memorial honoring The Greatest of Their Generation. Lavia Vi Larkin, President of Ladies Auxiliary to the Veterans of Foreign Wars Post 2350, said they have been working upon this celebration for over a year. She noted the Daughters of the American Revolution presented the idea to them and they partnered with them to have a celebration for the Vietnam Veterans. Vi Larkin stated they have scheduled a day of events for the Veterans which would start with a parade and a flyover. She noted there would be a reception at the museum from 1:00 to 3:00 p.m. which would be open to the public. She reported the social hour would be at 5:00 p.m. with the dinner served at 6:00 p.m. She stated tickets could be purchased for the dinner and the Veterans were sponsored by the Ladies Auxiliary and Daughters of the American Revolution. Vi Larkins stated there would be commemorative medallions presented to the Veterans at the event. She expressed appreciation for donations received from businesses and the members of the community. MOTION: Commissioner Guttry moved to approve Proclamation 2015-L honoring our Vietnam Veterans declaring September 26, 2015 as Vietnam Veterans Commemorative Day and include agenda item b that we also approve a donation of $250 for the Vietnam Veterans Welcome Home Celebration. Commissioner Eklund seconded the motion. The motion passed unanimously. Commissioner Guttry read the proclamation into the record. 1:39:14 PM: III. PLAQUE OF APPRECIATION: Discussion and consideration of a Plaque of Appreciation to Carla Loncar for more than 25 years of service at the West Wendover Branch of the Elko County Library. Jeanette Hammons stated Carla was only the second librarian for West Wendover. She commended Carla for keeping the community up with the latest technology and being a great asset to the community and the County. Commissioner Dahl read the plague into the record MOTION: Commissioner Guttry moved to approve a plaque of appreciation to Carla Loncar. Commissioner Eklund seconded the motion. The motion passed unanimously. PAGE 2

3 Commissioner Eklund stated Carla s Uncle, Pete Loncar, was the first mine superintendent at Carlin Gold Mine north of Carlin in the early 1960 s. He stated the Loncar family had been longtime residents which served the Elko County communities. 1:42:29 PM: IV. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Library Board Minutes and Law Library Board Minutes were previously submitted. Jeanette Hammons reported they hired Rachael Sandoval for the new law library clerk in August. She reported in August they had 20 different youth programs with 654 attendees and 13.5 volunteer hours. She stated on the early literacy tablets and after school edge tablets they 345 sessions for the computers and 75 for the tablets. Jeanette Hammons stated they had 18,130 visitors with 15,147 items circulated and in the meeting room they had 20 meeting with 191 participants. She reported 1,557 internet sessions at the Elko main branch. She stated there were 2,592 people visiting their outlying branches with a circulation count of 4,557 and 939 internet usages. Jeanette Hammons stated September was their nation Library Card Sign-up Month. She reminded them they had downloadable materials which were supplied by two companies. VII. UNINCORPORATED TOWN OF JACKPOT: Hayden Field - Jackpot Airport Public Hearing Increase of Leased Land for Aircraft Storage Robert Stokes stated their 3:00 p.m. hearing was tabled due to an oversight on the publishing with regards to increasing the lease size at the Jackpot Airport for a hangar. 1:46:03 PM: V. QUANTUM MINERALS, LLC JARBIDGE EXPLORATION PROJECT: Presentation, discussion and consideration of the negative impacts on the Quantum - Jarbidge Exploration Project by the Final Proposed Nevada and Northeastern California Land Use Plan Amendment and the Final Environmental Impact Statement including a possible position statement by the County Commission on this issue. Dave Gray, representing Quantum Minerals LLC, presented a sequence of maps showing how the project area for Quantum Minerals in Jarbidge started off as low volume habitat and ended up with a portion of the project as priority habitat with sage grouse focus areas. He stated this was leading to a recommendation for minerals withdrawal. David Gray stated Gene Gustin was PAGE 3

4 also present representing Quantum Minerals LLC. He stated the first map was at the time of the draft EIS for greater sage grouse of the habitats under BLM preferred alternative D. He noted there were only two types of habitat mapped priority and general at that time. He stated none of their mine project was mapped at that time as priority or general habitat areas. David Gray stated at last year stage there was more detailed habitat classification that the BLM presented and several habitat types were listed. He noted in that second map the project was in the low value habitat transition range. Commissioner Andreozzi inquired if north of the Jack Creek area was mapped as essential habitat. David Gray replied yes. He stated in March 2015 the Department of Interior, working with other agencies, revised the map after the public comment period for the draft EIS was closed. He noted now half of their project was classified as general habitat and that was presented to the ST&T in March of David Gray stated in May 28 th the FEIS came out and in that map all they did was filter out the core patented claims in Jarbidge. He stated on May 28t what was the alternative D habitat (preferred alternative at the draft stage) was added to the category OHMA. He stated in Appendix A of the FEIS they call the OHMA as unmapped habitat and was also known as other. David Gray noted they created a shape. He noted in the FEIS, the proposed plan, out of the general shape (OHMA) they carved a portion over Jarbidge and upgraded it to priority. He questioned if they deliberately left the portion to the left as the OHMA category as unmapped habitat. Commissioner Dahl noted the red portion was originally unmapped and then it was mapped and upgraded to priority. He asked the date from when it went from unmapped to priority. David Gray stated their first access to these maps was when they posted it May 28, 2015 and the maps were available on the website. David Gray stated in the map the area was the same as the alternative D in the draft EIS. He noted within the proposed plan in the FEIS it was priority habitat. Commissioner Andreozzi noted the general habitat classification was also removed in that area within the FEIS. Commissioner Dahl inquired if there was any explanation what they did. Randy Brown stated this was part of the things they were questioning in the DQA appeal. He stated this was brought up several times because there was a major difference between the draft EIS and FEIS. He stated many appeals have asked the same questions. Randy Brown believed it was initially proposed in the draft EIS as alternative F or G ; from Western Watersheds and the other conservation group. Randy Brown stated their proposals were inclusive of the PAGE 4

5 red zone. He also questioned how it made it into the FEIS as the preferred alternative. David Gray agreed they upgraded the blue general habitat to primary habitat. He noted in the FEIS they also created the sage grouse focus areas and used the priority habit areas in select areas to create SFA habitat across northern Nevada. He commented in Jarbidge they designated the area as SFA. He noted the difference between the SFA and priority habitat was in the selected SFA areas they could be put into the recommended mineral withdrawal category. David Gray stated it was mentioned last week that at some point the BLM would attempt a mineral contest on the mining claims to invalidate the claims. Commissioner Eklund understood something similar to this was happening around Mountain City area in the Homestake Claims region. He believed they were verbally notified they would be within a mineral withdraw area. David Gray stated they were notified verbally about the withdrawal of those mineral claims. Commissioner Dahl inquired how many claims could be withdrawn in their project. David Gray stated approximately 50 to 55 claims were subject to the mineral contest and possible claim withdrawal. Commissioner Dahl inquired about the action under the claims contest. David Gray stated they would have to present proof of economic mineral value. He noted today s market would change the economics on the claims. Commissioner Dahl asked who they would have to prove that to. David Gray stated the agency in charge of subsurface mineral was the BLM. He stated they file the claims with the BLM and not the Forest Service. Commissioner Eklund inquired if they had performed exploration upon these claims that were subject to withdrawal. David Gray stated they have done limited exploration because this was a new project. He stated they were in the process of creating a plan of operations with the Forest Service. He noted there had been historical activity in the region. Commissioner Dahl inquired if a team goes to the claim to verify the proof. David Gray stated if they can show on a reasonable basis which was referred to as a NI reportable resource which was a Canadian national instrument; that was the typical standard for which reserve and resource were reported. David Gray stated they may have all their minerals reported as a resource then you put it through the economic filter so it could be reported as a reserve. Commissioner Dahl inquired what that would cost to prove the claim. David Gray stated the costs could mount up because of the variables. He noted the type of deposit would be a factor because underground veins were PAGE 5

6 more costly. He stated it may be millions of dollars in drilling, testing and geology work to prove the claims. Commissioner Andreozzi inquired if there would withdrawal of other types of uses in the area as well as mineral withdrawal. David Gray stated the locatable recommended minerals withdrawal was targeting mineralization. He stated they were in the sage grouse focus areas and were aware there were many other categories of activity that may get impacted. Randy Brown stated it would give them the latitude to restrict a lot of different uses and activities so this would not only affect mining but also grazing and recreation. Commissioner Guttry noted the series of maps that Mr. Gray displayed showed they started off with an area they wanted to withdraw as the lowest priority habitat and now they were 180 degrees out. He noted the latest maps were not even close to the first maps. David Gray stated by the BLM applying the sage grouse focus areas designation they can make it criteria for recommended mineral withdraw. Commissioner Guttry believed it was a political move and it was a takings issue because they have spent lots of money in the area on their claims. He inquired if they would compensate them. Gene Gustin stated this was the main reason for the presentation to make them aware of what was happening within Elko County. He stated they started the permit process almost two years ago with the Forest Service and they were aware of sage grouse issue and what the information depicted upon their sites was the nearest sage grouse was five miles away and they have no problems. Gene Gustin stated they went through the permit process and spent lots of money and time over one and one-half years with no mention of sage grouse during that time. He stated they were amazed on the 28 th of May when this came out and everything changed. Gene Gustin stated money was spent going through the process and doing the preliminary exploration to identify the targets. He stated now they were finding out that the people they were trying to attract for exploration capital know this and questioned why they would fund something that may never materialize. Gene Gustin stated to prove up on each and every claim it would take millions of dollars and the irony was they already have the permit to go out and drill but then they run this map out. He believed the BLM was misrepresenting what was going on. He stated they did their due diligence through botany, biology, cultural and it was expensive but now came this. Gene Gustin noted in the Midas Mining District it was neglected for 50 years and now it was being actively mined. He stated this was a historic mining district that produced almost one-half a million ounces and they were targeting a mineral withdrawal in the historical mining district where there were patented mining PAGE 6

7 claims. Gene Gustin questioned where this was coming from. He noted there was an agenda item with regards to the County s action on this item. Gene Gustin stated you could see what their intention was not only on this project but also on Gravel Creek. He noted the tax revenues come from the mines for the schools. He stated they wanted to demonstrate the capricious behavior that was going on. He stated they were doing this in conjunction with the larger effort and they have worked with Nevada Minerals Alliance when they did their formal protest. Commissioner Dahl suggested they file as co-complainant on the lawsuit because their story was important for them. Gene Gustin noted there was limited funding and injunctive relief was the only way to approach this. He understood Elko County was doing everything they could but in looking at how the Governor s comments were treated by them after spending millions of dollars it was obvious they don t care what anybody thinks. Gene Gustin stated injunction was the larger issue to stop this before untold damage was done. He stated the County could do a political statement. Commissioner Dahl stated it was egregious what has happened there and they should be involved because of their story. Gene Gustin stated funding was an issue and they have worked with Debbie Struhsacker and Laura Granier who had written their formal protest and bullet points for the Sage Brush Ecosystem Council. He stated they wanted to demonstrate how bad it was out there. Commissioner Guttry stated the County was told from numerous people and different studies were brought to them for over six years that this was coming. He noted for six years the BLM, the Forest Service, the State Department and the Departments at the Federal level including Neil Kornze who just stated business would go on as usual; there would be mining, grazing and all the things that the public lands was supposed to have available to the public but then you look at this and wonder who was telling the truth. Commissioner Guttry noted the County did everything possible in the past and collaborated but they were getting nowhere. Commissioner Dahl they have been saying the sage grouse was the spotted owl for Nevada in particular and for the other western states. He noted this started a long time ago in the northwest with the spotted owl. Commissioner Dahl stated when he first started going to the National County meetings they would hear people from the northwest complain about not getting enough SRS funding. He explained in 2000 Congress decided they ruined the communities in the northwest with the spotted owl listing and created SRS funding to pay for their law enforcement, schools and fire protection. He noted now at the NaCO meetings the northwest wants Congress to keep the money and give them back PAGE 7

8 their resource to create their own economy so their children can stay within the area. He hoped the County was aware of what happened with spotted owl. Commissioner Eklund stated if they look at the May 28 th map the elevation area was between 6,500 feet and 7,000 feet. David Gray clarified it was close to 9,000 feet elevation. Commissioner Eklund noted it was also a heavily wooded area which was not sage grouse habitat. He inquired if they had any idea outside stopping the mining why it this area was changed to a priority listing. Gene Gustin offered suggestive thought that they have been chasing their tail on these issues since FLPMA. He noted there had been two Sage Brush Rebellion type efforts. He stated they were wards of the national government that has an $18 trillion dollar deficit. He noted the PILT funds could be withheld so they could not plan around them. He stated the federal government was using an extortion type payment to make them toe the line upon whatever the issue of the day was. Gene Gustin stated injunctive relief was a temporary answer but the larger effort would have to be reasserting some type of state sovereignty. He stated the County Commissioners have fiduciary obligations to the taxpayers so that they can exercise their property rights. His speculation was this was strictly a political issue. Gene Gustin noted over the last 25 years with Wilderness designations, roadless designations and the bull trout in Jarbidge there seemed to be an effort to push them out. He reminded them this was an historic mining district that was the largest gold producer in the State of Nevada in 1922 and questioned if it could be again. Gene Gustin stated they have to have reasonable investment expectation and obviously this removed that. He stated no rational person would go into this thing. Gene Gustin stated each and every claim would have to be drilled and they could not get a permit within a reasonable time to drill. He stated it was explained to him that minerals withdrawal requires its own EIS but the very fact that it was going to be threatened to happen was enough to do it in. He believed it was strictly political and there was no science because there was no sage grouse in that area. Commissioner Andreozzi thanked Quantum Minerals for bring a real life example to them. He stated based upon Randy Brown s comments about the DQA the County was challenging the quality of the government s information. He believed they could provide a statement which would become part of the permit record. Commissioner Andreozzi stated when looking at the maps and the colors it was very easy to make a change of color on a map. Commissioner Andreozzi commented the County made a statement about the drastic changes they saw with the information and now they saw the drastic changes in their Jarbidge area. Commissioner Andreozzi believed they should provide some statement because they were in the process as co-litigants with regards to the data quality. PAGE 8

9 Commissioner Eklund stated this was also happening in the Mountain City area. He commented this was just a small example of what could happen in the future and it could compromise the wellbeing of Elko County economically. Commissioner Steninger inquired about the mine in the hill up above Jarbidge. Gene Gustin stated that was not part of their operations. He noted it was an underground operation and was part of excluded area that was part of the patented swath that does not have red upon it on the map. Commissioner Steninger noted they took everything they could in the Jarbidge area. Commissioner Dahl stated the problem was if the miners go to investors and say they were on this side of the line so they were okay but the investors would ask how many times the line had changed. Commissioner Steninger suggested they direct staff to work with Gene Gustin and David Gray for their position statement. Commissioner Dahl stated within the next agenda item they were asked to become a partner. He noted Debbie Struhsacker had stated several private entities would join for injunctive relief. Gene Gustin stated whatever information they could supply them that would help that effort they would give their permission to use it. He commented the contradiction upon the draft EIS and what their final decision was like a big elephant in the room but no one talked about it. MOTION: Commissioner Steninger moved to direct staff to work with Quantum Minerals to draft a position statement. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:28:36 PM: VI. NEVADA MINERALS ALLIANCE GREATER SAGE-GROUSE FEIS/LUPA AMENDMENTS: Discussion and consideration to join the Nevada Minerals Alliance to seek an immediate injunction to bar the federal agencies from implementing the Northeastern California Nevada Greater Sage-Grouse Land Use Plan Amendment (LUPA) because it will cause imminent, substantial, and irreparable harm(s) to Nevada plaintiffs, Greater Sage-Grouse and its habitat in Nevada including possible financial participation of up to $10,000. The Commission reviewed this issue at the August 26, 2015 Special Commission Meeting and requested that this item be brought back to the Commission for further review after the gathering of additional information regarding this agenda item. PAGE 9

10 Debbie Struhsacker, Senior Vice President of Pershing Gold Corporation, and Laura Granier, of Davis, Graham and Stubbs LLP, were present telephonically. Commissioner Dahl stated at their last meeting they discussed this issue and decided to wait to see what the other counties would do at the NACO meeting. He reported the other counties and NACO decided to contribute to this lawsuit. Randy Brown commented NACO committed $10,000 including aid from their natural resource person to assist them with the lawsuit. Commissioner Dahl stated the new NACO resource person was also a lawyer and she would help them on the case. Randy Brown just received a declaration from NACO and requested them to provide information on how Elko County was involved. Commissioner Dahl stated Elko County was out in front on this issue because of their County Land Use Plan and work the County has done. He stated as they were preparing the lawsuit Dagny Stapleton, of NACO, requested that they provide them pertinent information for the lawsuit including how much funding was spent upon that. Randy Brown stated he and Cash Minor had estimated over $1 million dollars since 2003 and most of the work was performed between 2009 and He stated they were at $150,000 in hard costs and the rest was time to prepare comments, the land use plan, and appeals. Commissioner Guttry supported their participation up to $10,000 in this process. He noted they have been in this process since he came on the Commission and believed this LUPA was more harmful than the listing. He believed they should do everything possible to mitigate this disaster for Elko County. Commissioner Guttry stated he was appalled that the Governor s Office had not stepped up and taken the lead on this and gathered support, especially financially. He noted the Governor was letting all the counties spend money to fight this battle. He expressed concern that the County only pays their proportionate share with the other participants. MOTION: Commissioner Guttry moved that we participate with up to $10,000 in the injunction process. Commissioner Eklund noted 40% of the 17 million acres set aside was in Elko County and for that reason he would second that motion. Commission Eklund seconded the motion. Kristin McQueary stated she had a brief conversation with Lawrence Vandyke from the Attorney General s Office and he has been in touch with people in Utah. She noted he was working on a US Supreme Court appeal on another issue but felt that there was an opportunity to get together with Utah. PAGE 10

11 She stated they were not sure whether the timing was the best from their perspective and Mr. Vandyke also wanted to coordinate with the Governor s Office. She noted $10,000 at $250 per hour would get one week s worth of attorney time and with regards to litigation costs most attorneys bump their rate up for court time. Kristin McQueary believed this would get the filing done and then they would have to decide where it goes from here because they will be asked for more money to continue. Commissioner Dahl believed they all realize that and there was a general consensus that the bird would not be listed. He noted they were getting more from the amendments than what they would get from the listing. He stated there was lots happening in Idaho and Utah but Nevada would be more impacted. He stated there was a lot of this that was specific to the State which was not as important to Utah. He believed that was more reason for Nevada to join in. Kristin McQueary noted the District Attorney s Office had given authorization for private counsel for sage grouse purposes but there needed to be a written engagement letter with the attorney to designate the terms of representation. Commissioner Dahl stated this was discussed at NACO and they would provide that to NACO. He would request a copy be sent to them. He believed they should make the decision today because the 8 th of September was only 6 days away. He stated the attorneys have committed to file an injunction the next day after the final decision was entered. Commissioner Guttry stated it was well known that Utah put up $2 million dollars and Idaho set aside funding for this issue. He had not heard anything from the State of Nevada. He believed if this goes into a long battle they can t expect the County to fight this when the State should be fighting it long term. He believed the $10,000 shows their interest. Commissioner Dahl stated what NACO and the other counties were doing may encourage State participation. Commissioner Andreozzi stated land use planning was the basis for all decision making going forward. He noted the Elko County Land Use Plan was not integrated into this and this would have a significant impact to Elko County yet when making the decision their plan was not considered so he supported the motion. Commissioner Steninger requested clarification the motion was up to $10,000 to match what the other counties would put in. Commissioner Dahl stated that contribution would be coordinated through NACO and NACO would keep track of what was committed. He cautioned this would be an ongoing battle and it would be expensive but it would cost us more if this happens. He noted in Eureka, Montana his son-in-law was a superintendent PAGE 11

12 of schools and his dad and family formerly had a lumber business before the spotted owl but now they were all doing something else. Commissioner Dahl cautioned that if that happens to mining, ranching and recreation in Elko County what do they have. Commissioner Eklund agreed $10,000 seemed a lot with their budget constraints but it could cost a lot more down the road if there was damage to the ranching, mining and recreation. He believed if they sit back and allow it to happen without putting up any opposition then they were letting their constituents down. John Carpenter voiced support of this action. He noted Senator Amodei said they probably would not list it because they got more than what they really need. John Carpenter questioned what happened with the State because they did not win because it was not listed. He believed they had read Neil Kornze s Letter to the Editor but he felt Mr. Kornze had not read the regulations. He was glad Elko County was upon the leading edge and believed the County was always the leader in these types of situations. John Carpenter believed if Elko County had not stepped up to plate it would have been worse than the spotted owl. Gene Gustin understood that the Legislature allocated $1 million dollars but it was at the discretion of the Governor to use. Commissioner Guttry stated Assemblyman Ellison said the Governor had that put in his budget but they did not know if he would use that money. Gene Gustin suggested they call upon the Governor to step up to the plate because if the mining industry dries up it would cost the State. He stated he had paid attorneys to protect their property rights. He stated mining was nondiscretionary on the forest and believed this was a back door maneuver. He had worked with Davis, Graham and Stubbs LLP and believed they were on the leading edge of this so they would be well represented. Gene Gustin understood most of the information was already prepared. Harry Botsford, as a concerned resident of Nevada, inquired if they owned the lands of Nevada as citizens of Nevada or did it belong to the federal government. He stated if the lands belong to us then we should fire those hired to help us manage the land. Commissioner Dahl suggested he go on the website americanlandscouncil.org The motion passed unanimously. Commissioner Dahl told Kristin McQueary he would contact Jeff Fontaine of NACO and ask that they forward to her a copy of that engagement letter. Kristin McQueary stated that engagement letter would inform them what services would be performed and an estimate of what the cost would be. PAGE 12

13 Randy Brown asked if they had any more questions because he had paperwork to prepare for NACO and would be leaving the meeting room. He noted there was also a Declaration from NACO for the Chairman to sign. He departed the meeting room at 2:51 p.m. 2:51:06 PM: VII. UNINCORPORATED TOWN OF JACKPOT: Hayden Field - Jackpot Airport Public Hearing Increase of Leased Land for Aircraft Storage In accordance with Public Notice , conduct a Public Hearing regarding a request for the purpose of the possible approval of an Amendment to Resolution No which regards a currently leased section on the Jackpot Airport property. The property is currently used for aircraft storage. The amendment will increase the square footage of the leased land from acres (8,000 square feet) to approximately acres (12,150 square feet) and will continue to be used for aircraft storage. MOTION: Commissioner Andreozzi moved to table agenda item VII, Unincorporated Town of Jackpot (the Amendment to Resolution No ) with regards to possible action upon Hayden Field. Commissioner Guttry seconded the motion. The motion passed unanimously. 2:51:23 PM: VIII. COMMISSION MEETING CALENDAR: 1. September 16, 2015 Commission Mtg - Nannini Admin Bldg., Suite 102, 1:30 p.m. 2. October 7 & 8, 2015 Commission Mtg - Nannini Admin Bldg., Suite 102 1:30 p.m. 3. October 21, 2015 Commission Mtg - Nannini Admin Bldg., Suite 102 1:30 p.m. 4. November 4 & 5, 2015 Commission Mtg - Nannini Admin Bldg., Suite 102, 1:30 p.m. MOTION: Commissioner Steninger moved to approve the Commission Meeting Calendar. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:51:47 PM: IX. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager s Office. B. Approval of Minutes: July 22, 2015 PAGE 13

14 MOTION: Commissioner Steninger moved to approve the Consent Agenda. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:52:20 PM: X. COMMISSION AND COMMITTEE REPORTS: Informational reports from Commission members regarding various committee, liaison or agency issues as may be appropriate. A. Demar Dahl, District 1 Commissioner: Commission Chair / Liquor Board Chair, Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Nevada Association of Counties (NACO) Board, NACo WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, American Lands Council / Western Counties Alliance, Nevada Land Management Task Force. Commissioner Dahl stated at the last NACO Board meeting they drafted comments upon the basin and range national monument designation. He stated the Mayor in Carlin voiced concern that they were getting into politics but after explanation all agreed they were not taking a one-side approach upon a political issue but were expressing their displeasure with the way the monument was created without anyone in Nevada other than the one who created it being consulted. He understood nobody in the counties of Nye, Clark, and Lincoln was consulted. Commissioner Steninger commented the Commission approved a letter in opposition and they went against their advice. Commissioner Dahl stated at NACO they also discussed the rangeland fire protection presentation made by the Nevada Division of Forestry who would make a similar presentation to the Commission in the future. He stated this was an association made up of locals within several counties so they could go over the boundaries to put out a fire. Commissioner Dahl stated if the fire was upon federal land they still have to work out an agreement. Commissioner Dahl stated this association would work out an agreement with the agencies in order to go fight the fire. He believed it was a good idea based upon his recent experience with BLM and their lack of urgency to fight fire. Commissioner Dahl stated there was an effort to combine the University of Nevada Cooperative Extension with the College of Agriculture and the experiment station. He and John Carpenter attended the hearings on that in Reno and Carson and there was a lot of opposition to combining those entities. Commissioner Dahl stated they expressed a lot of opposition to that at the NACO board meeting and they would hold a meeting with those who would be affected by that merger. Commissioner Dahl stated Commissioner Guttry was present at the Humboldt Basin River Water PAGE 14

15 Authority meeting and would report on that. Commissioner Dahl stated the American Land Council conference would be held on the 1 st through the 3 rd of October in Salt Lake City and the Central Nevada Regional Water Authority would hold a meeting in a couple of weeks. B. Delmo Andreozzi, District 2 Commissioner: Highway Board Clerk, Nevada Department of Transportation (NDOT) Liaison, Auditorium Authority Board (ECVA), Hospital Board, Elko City Liaison, Museum Board, Regional Transportation Commission (RTC), Railport Committee. Commissioner Andreozzi stated he and John Carpenter was upon the ECVA marketing committee and on September 18 th and 19 th the annual Van Norman horse sale would be held at the fairgrounds. He noted there was an estimated $840,000 economic impact to the community and last year it generated about $9,000 in sales tax. Commissioner Andreozzi had attended the hospital s public meeting on Medicare at the Museum and there were over 130 in attendance. He commented there were many layers to Medicare. Commissioner Andreozzi stated from that meeting they would develop a working group focusing upon seniors with Medicare but at the same time he was working upon a multitude of other health care related issues. He stated with regards to recruiting and keeping physicians, many physicians now work for the hospital and would take Medicare and Medicaid patients. He reported the hospital has hired two pediatricians and welcomed the two new physicians who have relocated to the area. Commissioner Andreozzi noted the Museum interviewed four of the local candidates for Museum Director and the subcommittee would interview the four out of town candidates on the phone. He stated the committee would forward the top three to the full board for formal interviews. He attended the rural providers meeting last week and upon September 8 th there would be an event PACE has supported called Walk a Mile in Her Shoes to promote public awareness in the community upon domestic violence. Commissioner Andreozzi stated the Boys and Girls Club would hold a fund raiser to provide operational funding on November 7 th and it would be a cioppino feed. C. Glen Guttry, District 3 Commissioner Commission Vice-Chair, Highway Board Chair, Recreation Board, Railport Committee, Humboldt River Basin Water Authority, Elko Senior Activity Programs Board Liaison, Budget Committee, Veteran s Affairs, Northeastern Nevada Regional Development Authority (NNRDA), Sheriff Department Liaison / LEPC Liaison, Fire District Committee. Commissioner Guttry stated at the Humboldt River Basin Water Authority meeting they had a presentation upon how the Australia water rights issues were resolved. He noted they could sell or purchase water rights on a daily basis on line. PAGE 15

16 Commissioner Dahl stated it would make our water law obsolete that has been in existence for over 100 years which would say priorities do not matter. He opposed them doing away with the Nevada Water Law. Commissioner Guttry noted under Australia s method the banks would loan money based upon the water rights that you hold. He commented the State water people had interesting questions and were amazed the Australia s system worked. He stated there was less water in Pershing County so the water issues were getting worse. He stated there was a subcommittee at the Senior Citizen s Center to work with the City and County to revamp the MOU as to who pays for what at that Center. Commissioner Guttry stated NNRDA had received an from Ken Krater with regards to the development of the Big W Ranch and natural gas service to that area. He stated there would be a future agenda item about forming a special improvement district to get the infrastructure in place. Commissioner Guttry stated they hope to be in full construction of that project in the spring. He commented they were basing their decision to move forward on an economic development study out of Reno that spoke about Storey, Mineral, Washoe and Lyon Counties and how their growth would increase with the construction of the industrial park. He questioned what was happening upon the ground in Elko. Commissioner Guttry stated the Fire District would have their pinning ceremony to give the pins to the professional firefighters. Robert Stokes stated this event would happen on September 11 th at 6:00 p.m. in this room. D. Cliff Eklund, District 4 Commissioner: Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, Budget Committee, California Trails Center Board Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Library Board of Trustees Liaison, School District Liaison / CIS Communities in Schools, Nevadaworks, Debt Management Commission. Commissioner Eklund stated there was no RTC meeting held. He commented at the Carlin ranch hand rodeo there were teams from Idaho, Utah, Washington and Oregon as well as Nevada. He stated the Budget Committee has not met for some time. He noted the California Trail Center was going forward with the historical event similar to Frontier Days and the events would be held in Wells, Elko and Carlin in the first weekend of Commissioner Eklund stated the Northeastern Nevada Stewardship Group did not have a quorum at their meeting. He reported the School District enrollment numbers were good but there was an issue with the shortage of doctors to give shot to students that were upon Medicare and Medicaid before the beginning of school. He noted the students that cannot get shots in time for the first day of school would not be PAGE 16

17 counted in the enrollment numbers and the State would not pay them funding for those students. He noted Commissioner Andreozzi was working on that issue. Commissioner Eklund stated there would be a meeting in October for Nevadaworks. He reported at the Debt Management Commission meeting the entities budgets were tight. E. Rex Steninger, District 5 Commissioner: Spring Creek Association Liaison, Te-Moak Tribe of Western Shoshone Indians Liaison, Shoshone-Paiute Tribes of Duck Valley Liaison, Northeastern Nevada Regional Development Authority, Alt. (NNRDA), Natural Resource Management Advisory Commission Liaison, Fire District Committee, American Lands Council Alt Liaison, Sage Grouse Pilot Project, Elko County Conservation Districts Liaison, Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison. Commissioner Steninger stated the Spring Creek Association was notified that the Public Utilities Commission issued a final decision and they were pleased that the PUC rejected the plan for expensive pipeline work. He stated the SCA wished to thank the County for their letter of support. 3:10:48 PM: XI. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS: Commissioner Guttry stated the County tried to give the Snobowl property to the City. He noted the City looked into the easement and the easement was owned by the Bear Estate and there was a prescriptive easement. He stated if the City wants to have a descriptive right of way or easement that would require $10,000. Commissioner Guttry stated the Snobowl had $5,000 it could contribute and asked for the City and County to put into the purchase of that easement. Kristin McQueary stated her secretary had forwarded a copy of George Taylor s Open Meeting Law amendments to them. She noted Mr. Taylor was the Senior Deputy Attorney General in charge of Open Meeting Law enforcement. 3:13:30 PM: XII. COMMENTS BY THE GENERAL PUBLIC: Donna Bath, of Senator Heller s office, requested a copy of David Gray s documentation to forward on to Jeremy in the Senator s office. She reported Senator Heller would be up here for the parade on Friday and hopefully he will be able to meet with them. Harry Botsford commented upon medical issues he had experienced. He waited for weeks and could not find any doctors who would take him because he was over the age of sixty. Harry Botsford stated he was able to fly to Washington PAGE 17

18 DC to have the work done by his prior cardiologist. He would discuss the particulars with Commissioner Andreozzi. 3:16:09 PM: XIII. ADJOURNMENT: MOTION: Commissioner Steninger moved to adjourn. Commissioner Eklund seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned at 3:16 p.m. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk DEMAR DAHL, Chair PAGE 18