Elko County Board of Commissioners

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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. The Board of Elko County Commissioners met in regular session on Wednesday, January 21, 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 Library Director Jeanette Hammons Transit Coordinator Abigail Wheeler Sheriff James Pitts Road Supervisor Terry Lister Chairman Dahl called the meeting to order at 1:33 p.m. Chairman Guttry led the meeting participants in the Pledge of Allegiance. 1:35:18 PM: I. COMMENTS BY THE GENERAL PUBLIC: John Carpenter had put in a call to Tony Wasley of NDOW for poisoned eggs for the pilot projects. He encouraged support from the Commission for those poisoned eggs. Commissioner Andreozzi introduced the Spring Creek High School Christian Academy Government Class and the new Hospital CEO, Rick Palagi. PAGE 1

2 1:37:55 PM: II. UNR SCHOOL OF MEDICINE: Discussion and consideration of continued support for the ongoing UNR School of Medicine Medical Residency Program in Elko that was managed in concert with the Northeastern Nevada Regional Hospital, Nevada Health Centers and Elko County though financial and operational assistance. Rick Palagi stated in 2014 they started the collaborative program with University of Nevada School of Medicine to bring in residents to the community. He explained the residents were assigned to the in-patients at the hospital and the out-patients at the Clinic to experience each setting. Rick Palagi explained the residents were supervised by hospitalists, physicians, and internists. He stated there would be some structural changes within the program in 2015 which would happen mid-year. Rick Palagi stated the Hospital and the County have funded this program and gave the County the Hospital s commitment to continue their financial support of the program. Gerald Ackerman, UNR School of Medicine, stated this was an excellent educational experience for the residents. He stated these residents get to manage medicine in ways they don t see in other places. Gerald Ackerman stated there would be 14 residents to gain experience in the Elko area. He reviewed the benefits of this program such as recruitment and the impact upon Medicare and Medicaid patients. Gerald Ackerman commented there were issues when the broiler shut down at the clinic and they lost Doctor Deguzman as a supervisor of the Nevada Health Centers. He stated Doctor Hogle and Doctor Kotch agreed to supervise at the Clinic until the Nevada Health Center gets a new internist. Gerald Ackerman stated in the month of September Doctor Deguzman saw 228 patients and the residents saw 193 patients so there was more physician access in the community. Gerald Ackerman they have discussed increasing the number of residents by two. He stated currently the residents perform 2 weeks in-patient and 2 weeks out-patient medicine. He commented they may change that schedule to 1 month in-patient or 1 month out-patient. Gerald Ackerman voiced appreciation for the County support. He stated the residents now look forward to coming to this community. Commissioner Guttry inquired what the number of patients seen in September was. Gerald Ackerman replied 421 patients were seen in September. Commissioner Guttry inquired how many were Medicare patients. Gerald Ackerman did not have that information but would send that information to Robert Stokes. PAGE 2

3 Rick Palagi stated the Medicare population in this community was underserved and that population would be served with this program. He stated they have a referral system in the hospital. Commissioner Guttry noted Doctor Durkin told him Medicare patients in the hospital were typically released to their Doctor of record but they did not have doctors because they were not being accepted by physicians so that need was being addressed. Gerald Ackerman stated some people who do not have a primary care person and stop in at the hospital were also assigned to the residents. Rick Palagi stated part of the problem was access for Medicare and Medicaid to physicians. He noted Doctors Hogle and Kotch have taken this program on and they do not receive funding for this practice. Rick Palagi stated the Health Center had a different funding mechanism with a sliding fee schedule. He noted they set aside eight slots daily for patients to get a follow-up appointment. Commissioner Guttry inquired if the program was going for a year and if they would renew the program. Gerald Ackerman replied the program has been going for 7 months and they would renew the program. He stated their intention was to make it a permanent program and after restructuring the program they would come back with a funding request. MOTION: Commissioner Andreozzi moved to give continuing support for the ongoing UNR School of Medicine Medical Residency Program in Elko that was managed in concert with the Northeastern Nevada Regional Hospital, Nevada Health Centers and Elko County through financial and operational assistance. Commissioner Eklund seconded the motion. The motion passed unanimously. 1:51:57 PM: III. HUMBOLDT WATERSHED COOPERATIVE WEED MANAGEMENT AREA (HWCWMA): Discussion and consideration of a presentation by HWCWMA regarding their efforts to deal with noxious weed control including consideration of a request for $22,500 for weed eradication and control purposes. Their request, presentation, and Management Plan were submitted previously. Andi Porreca, Nevada CWMA Coordinator stated the program began in 2002 to help landowners deal with noxious weeds on their property. She stated the Department of Agriculture received a state and forestry grant from the Forest Service and SAP funds were provided by the State to establish CWMAs. Andi Porreca stated Nevada has 30 weed management areas and 9 weed districts. She stated they involve landowners and natural resource managers which were PAGE 3

4 led by a Board and there were Memorandum of Understandings. She stated they developed a comprehensive plan for invasive plant management and they facilitate cooperation across jurisdictional boundaries. Andi Porreca stated within our CWMAs the watershed reached through the counties of Elko, Eureka, Lander, Pershing and Humboldt with boundaries East and West from Wells to the Humboldt Sink and North and South from Orvada to lone and was 16,843 miles. She noted Interstate 80 and the Union Pacific Railroad traveled through the center of the watershed. Andi Porreca reviewed their mission statement and their primary function. She gave an overview of the noxious weed impacts upon watershed, environment, wildlife health and habitat, agriculture, business and it decreases land values. Andi Porreca gave an overview of the previous projects inclusive of a Humboldt Watershed Weed Management Plan, a controlled study to manage knapweed with the University Cooperative Extension Service and was inventorying the Union Pacific corridors. She stated the HWCWMA over the last two years have worked to develop a Humboldt Watershed Weed Management Plan and would like to have their effort serve as the foundation for a multicounties/cities conservation district and weed district. Andi Porreca stated their plan focuses on approaching weed management with education, coordination, containment, restoration and prevention. They requested Elko County to take the lead in being the first County to adopt their Weed Management Plan. Andi Porreca stated the Humboldt Watershed Cooperative Weed Management Area wants to partner with Elko County to manage, treat and monitor the noxious weed infestations on Elko County public properties. She commented the Elko County owned the Railport which encompasses approximately 60 acres and was dominated by noxious weeds. She stated HWCWMA would like to create a noxious weed inventory of the Railport by GPS mapping the area and develop a viable management plan. Andi Porreca stated they would offer funding, technical expertise and weed mapping services to monitor future infestation sizes; and maintain communication with Elko County Conservation Districts, land managers and local agencies to maximize noxious weeds management within the Humboldt Watershed. Andi Porreca gave an overview of their project with the City of Elko and the Nevada Division of Forestry at the Elko Frisbee Golf Course. She stated they would like to see the entire river corridor rehabilitated and they have been promoting public awareness. She commented their current supporters were NDEP, NDOA, NDOW, Newmont, Barrick and Union Pacific Railroad. Andi Porreca project partners were private stakeholders, BLM, USFS, NDF, UNCE and the City of Elko. Andi Porreca submitted her contact information and gave their website. Commissioner Dahl inquired how much cooperation they had received from the Union Pacific Railroad. PAGE 4

5 Andi Porreca stated Union Pacific Railroad gave them a set amount last year to start the weed inventory from Wells to Lovelock and they would work directly with the Railroad. She stated this spring they would ride in the railcar with the railroad representatives and map the weeds they see along the corridor. Commissioner Dahl inquired if the railroad would participate and spray along the corridor. Andi Porreca stated Union Pacific does their own spraying and in the future they may have us provide a sprayer. She stated now they were just mapping the weeds in the corridor. Commissioner Dahl inquired if the railroad was willing to pay for spraying the weeds. Rhonda Heguy stated the railroad had committed $5,000 per year to support projects adjacent to the railroad so areas where they were already partnering with the railroad contributed the $5,000 for the adjacent landowners to spray the railroad right of way. She stated they were trying to work out a management plan with them. Commissioner Eklund requested clarification that the funding would go toward spraying on the Railport. Andi Porreca stated the Railport was more than 60 acres but their focus would be zone 4 upon the river area. Commissioner Eklund inquired what they were getting for the $22,000. Rhonda Heguy stated that was their rough estimate to treat a 450 acre piece of the Railport. Andi Porreca stated they had estimated the cost at $ per acre depending upon the type of weeds Rhonda Heguy stated that amount also included rehabilitation so there would be a reseeding effort as well. Commissioner Guttry clarified the amount was $45,000. Andi Porreca stated it was a cost share with the county assisting with $22,000. Commissioner Guttry stated their request would have to go to budget committee and be placed on a future agenda. He noted Eureka County had a voluntary tax program where they were provided with some chemicals. Commissioner Dahl inquired if they knew the amount of acres within the railroad right of way from Wells to Winnemucca. Rhonda Heguy stated they did not know that figure but the railroad contends there was less acreage than there appears to be. She believed it would be hard to figure that out because of the varying width of their rights of way. PAGE 5

6 Commissioner Guttry commented south of Carlin along the railroad there was lots of thistle. Commissioner Eklund tried to work with the railroad to clean up their properties in Carlin and it was very difficult. He was told by the railroad that they could not be expected to control all the weeds with the amount of land they owned. Rhonda Heguy stated Nevada State Statutes regulate that landowners control noxious weeds which would be their next step with the railroad but they would rather go with the cooperative program. She noted in California they control the weeds along the rights of way and Nevada needs to enforce their weed laws. Commissioner Andreozzi supported their work and commented upon the amount of white top in the area. He was familiar with the work done at the Frisbee golf area. He noted Elko County had a lot of dirt roads and it would be difficult to have best management practice on those roads. He inquired if in the plan there would be an exemption. Commissioner Andreozzi stated if there was a new surface disturbance area they may try to control weeds but in the future he expressed concern that roads would get lumped into the same category. Rhonda Heguy stated they have an early detention, rapid response program so they hope people traveling County roads would recognize areas that need to have treatment. She stated regardless of who owns the property they hope to build a defense. Rhonda Heguy knew of a couple of medusa sites that were growing now on Harrison Pass on Forest Service lands and the Petan Ranch had a hay truck spill infested with medusa head. She noted they also found a new spot close to Owyhee on private land and in a NDOT gravel pit area. Rhonda Heguy stated most of those sites were adjacent to County roads. Jamie Greer, Nevada Department of Agriculture State Noxious Weeds Coordinator, stated she came to the County last year and spoke about the statutes. She stated the work they were doing allows the County compliance on their County property with the State statutes. She stated they had received an online complaint with regards to the Railport. She noted the work this organization was doing with the railroad would allow them to serve notice to the railroad. She commented this inventory would confirm what was out there so that they may enforce the statutes. Jamie Greer encouraged the County to cost share with them. She stated over the last five years Andi got grants from their office for weed work on nonfederal land. Jamie Greer stated she would be releasing another round of funding at the end of the week. She stated since they were so successful this program would probably get the funding they request. Jamie Greer stated Eureka County had their weed district to assist their PAGE 6

7 landowners on weed control and her office was under pressure to enforce the State Statutes and they can assist with compliance. Commissioner Guttry inquired how they estimated the cost of $200 per acre. He had sprayed 8 acres for $ Andi Porreca stated it was a rough estimate because they did not know the amount of infestation. Commissioner Guttry understood their budget was $45,000 for the Railport and questioned how they would know what the County s cost share would be. Andi Porreca stated they would map what weeds were present and then if they have more funding they could move into a different zone. Commissioner Steninger voiced concern that if they don t spray soon the spray would not be effective. Andi Porreca stated they would be able to spray in the fall as well as the spring. MOTION: Commissioner Guttry moved to approve the request for funding for the noxious weed control in particular for the Railport and maybe try to expand that on County property up to $22,500 subject to budget committee approval. Commissioner Eklund seconded the motion Cash Minor inquired if there was insurance coverage in case there was an error in spraying. Andi Porreca stated the District does have coverage but they don t spray they hire a contractor to do the spraying. Kristin McQueary stated this would fall under NRS so there would have to be a follow up Resolution. She explained once the Budget Committee approves funding on the final approval by the Commission they would have a Resolution drafted. The motion passed unanimously. 2:25:07 PM: IV. ELKO REGIONAL AIRPORT / NORTHEASTERN NEVADA REGIONAL DEVELOPMENT AUTHORITY (NNRDA): A. Discussion and consideration of Elko County support for legislative efforts to secure long-term viability of commercial air services in the region including efforts to restore Elko to Reno air service. Mark Gibbs, Elko Regional Airport Director, stated in 2014 the City of Elko through the airport hired Forecasting Incorporated to do a survey of where flyers were flying in this particular area. He stated the people living outside the incorporated area were the primary users of Elko Regional Airport. He commented small airports across the United States and mostly within the western areas were losing air services. He noted currently they only have one PAGE 7

8 carrier, Sky West Airlines flying to Salt Lake City, Utah. Mark Gibbs noted without long term support the airport could lose air service to the area in the future. He stated they have been seeking another air carrier to keep the airport viable. Mark Gibbs stated the Elko City Mayor requested that he investigate and promote UAS and UAVs development. He stated the State of Nevada was one of the six test sites that the Federal Aviation Administration has authorized to implement commercial development for the United States. Mark Gibbs stated small turboprop seat aircraft which were most economical to serve the Elko market were disappearing and were not being replaced by like aircraft. He stated few airlines have the type of equipment to operate out of our airport economically. Mark Gibbs stated the major issue was passengers in this area who chose to fly were flying out of Boise, Reno, Las Vegas and Salt Lake City so business flights were expensive from this region. Mark Gibbs stated in the 2014 leakage study they found that 80% of the travelers out of Elko were on business so it was an economic issue. He stated they were trying to promote aviation to benefit more diversity in Elko County by promoting air tourism within the State. Mark Gibbs stated the ECVA has lost opportunities to host conventions because we do not have convenient air schedules to bring them into the community. He stated Senator Goicoechea has introduced BDR 610 to the Nevada Legislature for a minimum revenue guarantee. He stated they found Mauiva Airlines which would be a two airport approach to also benefit northern Nevada. He stated if they can obtain the minimum guarantee of $750,000 from the State which would provide the 80% match and Elko County would have to provide a 20% match for the minimum revenue guarantee. Mark Gibbs stated if they enplane over 16,000 passengers between Elko and Reno the airline would be profitable on its own. He stated in past history they have enplaned over 16,000 passengers between Elko and Reno. He stated Mauiva would also like to put a regional hub at Reno- Tahoe Airport and Reno would gain three underserved destinations of Boise, Idaho, Oakland California, and Mammoth/Yosemite, California. Mark Gibbs gave an overview of the cost model for Mauiva Airlines showing the probable profit and risk for the airline. He stated as part of the minimum revenue guarantee they would like to provide an absolute ceiling for the airline based on the most conservative estimate of 14,000 passengers per year with a subsidy of $668, for their first year operation, worst case scenario. Mark Gibbs stated their bill was upon the floor and they requested County support. He provided a copy of the briefing paper upon their proposal. B. Discussion and consideration of authorization to utilize County property (SnoBowl and Railport) for potential unmanned aerial vehicle (UAV) development operations. In economic development efforts to create two UAV PAGE 8

9 range test sites on County owned land, it is requested that the County allow the Elko Regional Airport and the Northeastern Nevada Regional Development Authority to pursue all regulatory and legal requirements to enter into an agreement with the Nevada Institute for Autonomous Systems to create UAV test sites on County land. Elko County will be responsible for the costs associated with providing a UAV insurance rider and determining a market daily rate for use of County land for UAV operations. The request, presentation and documents were previously submitted to the Board for review. Mark Gibbs stated State of Nevada was granted by the Federal Aviation Test Site designation to allow the exploration for commercial operation of UAVs. He stated this was an economic benefit because folks want to employ drones for the purposes of making money in the business place. Mark Gibbs stated this area was suited for UAV technology. He stated the City of Elko and the NNRDA have been working with the Nevada Institute for Autonomous Systems. He gave an overview of the uses that the UAVs could be applied to for the industries located within the County. He stated there were two proposed test sites one at the SnoBowl and the other at the Railport for commercial operators to come out and test their technology platforms. They would market Elko County for relocating UAV manufacturers, retailers and third party operators within the County of Elko for the purposes of other industrial uses. Mark Gibbs stated for commercial UAV there was a 5 nautical mile exclusion zone around any airport and the drones would only be in the first 1,000 feet above ground level airspace and operating within a 5 nautical mile box around those sites on County land. He stated the actual recovery and take off area needs to be about 500 feet wide by 2,000 feet long and have vehicle access to the area. Mark Gibbs stated at any time there was a commercial operator operating a drone upon County land there would be a Nevada Institute for Autonomous Safety Officer monitoring the operations to make sure there was public safety and the operator was operating within the Federal Aviation guidelines and requirements. He stated the City of Elko and NNRDA have agreed to 50% sharing for the initial startup costs to develop the procedures, the certificate of air worthiness operations for Elko County in the amount of $9,000. Mark Gibbs stated they found that the County operated an airport in Jackpot and the insurance carrier ACE could provide the rider requirements of $5 million dollars to cover UAV operations upon the existing policy. Mark Gibbs stated there were no upfront costs for the County to bring in UAV test sites. He stated there was a possibility to earn revenue for allowing commercial operators to test their UAV devices at the two sites. He commented if the County decides to allow UAV test sites on county land then they would sign an Operating Location Agreement with NIAS. Mark Gibbs stated they would hire a consultant who was an expert on UAVs and drone applications across the PAGE 9

10 United States and who formerly worked in the FAA Office before working in the private sector. Mark Gibbs gave an overview of the salary study for unmanned aircraft systems which would be a benefit to the community. He stated a 2013 study found that UAVs could save the United States $159 million dollars for aerial applications by 2035 and $186 million dollars in crop and aerial spraying savings. Mark Gibbs stated a 2014 AUVSI study found $13.6 billion economic impact from and they expect an $82.1 billion impact between for UAV market in the United States. He commented commercial operators have swamped the FAA with petitions to do a wide spectrum of applications including precision agriculture, geospatial mapping, flare stack monitoring shipping/delivery, aerial film and photography, and real estate. Mark Gibbs stated they may have one or two of these companies to relocate to this area then there would be an economic benefit. A. Discussion and consideration of Elko County support for legislative efforts to secure long-term viability of commercial air services in the region including efforts to restore Elko to Reno air service. Commissioner Dahl inquired about their request for legislative support. Mark Gibbs encouraged legislative support at this time and would come back to the County if there was an appetite to provide local matching funds. He commented the State would provide 80% but 20% of the funding would come from local sources. Mark Gibbs stated from their survey Reno was the number one designation that the community want air services reestablished to. Commissioner Guttry stated this has been tried twice when he sat upon the City Council. He stated the mines pre-bought tickets and the Convention Center and NENDA supplied funds but when subsidizes ran out those two airlines left. Commissioner Guttry noted the airline industry was very precarious since 911 and it continues to go downhill. He stated without mining they could not support air service in this area. He stated communities larger than us with a larger population have lost their air service years ago and never got them back. He stated there was a trend to subsidize air services. He questioned if the County budget could withstand this. Commissioner Guttry stated they would have to see what types of unfunded mandates would come from the State within the next couple of weeks. He supported a letter of support to the State Legislature. He inquired if there would be waiving of landing fees and the tax on the fuel to this airline. MOTION: Commissioner Guttry moved to send a letter of support to the Legislature through Senator Pete Goicoechea who introduced the bill. Commissioner Eklund seconded the motion. The motion passed unanimously. PAGE 10

11 Harry Botsford stated they built a nice terminal and attempted to make money off of the airlines. He noted originally the airport to be a service to the community. He stated when they started running it as a business it cost them. Harry Botsford believed they should not be charging large fees because then they have to fight to keep the airport. Harry Botsford stated they went away from being one of the leading airports in the United States to one that was fighting to keep alive. He questioned what the changes were which drove the airlines away. He agreed with Commissioner Guttry that when the subsidy goes away so does the airline. Mark Gibbs stated there was a local element involved as well as a general national trend. He commented the major airlines have relinquished their risks in small markets to the regional airlines. Mark Gibbs stated the regional airlines have a capacity purchase agreement which usually were 20 years in length and they set the cost, rate and schedule for the airline to serve that particular market. He explained the airlines have been putting the risk and costs to these regional carriers who in turn were turning a portion of the risk upon that small community if they want continued air service. Mark Gibbs stated the minimum revenue guarantee was not a subsidy. He stated the guarantee only guarantees the airlines its costs on a contractual basis with the community. Mark Gibbs stated there had not been marketing over a decade. He developed a website to educate the public upon fares and flights. Mark Gibbs stated the former Elko market was based upon Mr. McClaskey who was operating the Casino Express Airlines for the hotels he owned in the area. He noted that airlines never made a profit. Mark Gibbs had tried to partner with the casinos Gold Dust West and Red Lion but they were not willing to risk those up-front costs to begin the casino flights. B. Discussion and consideration of authorization to utilize County property (SnoBowl and Railport) for potential unmanned aerial vehicle (UAV) development operations. In economic development efforts to create two UAV range test sites on County owned land, it is requested that the County allow the Elko Regional Airport and the Northeastern Nevada Regional Development Authority to pursue all regulatory and legal requirements to enter into an agreement with the Nevada Institute for Autonomous Systems to create UAV test sites on County land. Kristin McQueary expressed concern about the County providing a UAV insurance rider on the County s insurance. She believed that violates the Nevada Constitution, Article VIII, Section 8 and 9 that they cannot give money to private corporations or use the County s credit. PAGE 11

12 Mark Gibbs explained the insurance would only cover any County negligence in the operation of the testing sites. He stated any operator as well as the NIS would bring in their own insurance for their operations to the table. Kristin McQueary stated the operators would be required to provide Elko County assured additional insurance coverage under our use agreements. Robert Stokes assumed if they allowed anyone to use these properties that the County could charge a fee to cover any cost of the rider. Mark Gibbs stated they have researched the insurance requirements and noted other counties were already providing the services that Mrs. McQueary believed were unconstitutional. He believed the County could recoup any of the costs for the insurance rider. Robert Stokes stated the insurance riders and indemnification would be required. He inquired if there would be an impact upon the operations of the SnoBowl. Mark Gibbs stated there would be no operations with UAVs in the wintertime when it was a public recreation area. Robert Stokes stated there were also some summer activities in that area. Kristin McQueary stated on the Railport there was no public access to the central portion. She did not know if the County could get a UAV insurance rider to cover the Railport site because they cannot provide access to that portion for commercial use. Commissioner Dahl inquired if the operators have continuous view of the UAV. Mark Gibbs replied they must have a line of sight at all times. Commissioner Dahl stated if someone was flying into Elko and the drone was flying at the same time whose responsibility was it to avoid collision. Mark Gibbs stated the drones were to be below 1,000 feet from ground level and they cannot fly within 5 nautical miles from the airport. Commissioner Dahl stated when they were coming into the airport they would fly that low. Mark Gibbs stated the drone operators have the same requirements of see and avoid similar to that of a manned aircraft. He stated the drone itself was not equipped with its own camera; it was a 55 pound flying craft. Commissioner Dahl inquired if it was radio equipped to announce its flight path. Mark Gibbs stated they do have radio capability but they were operating under visual flight rules to avoid manned aircraft. Kristin McQueary inquired if the 5 nautical mile requirement was for every airport or for a certain size of airports. PAGE 12

13 Mark Gibbs replied every airport in Nevada and depending upon the size of the airport there were bigger exclusion sizes for larger airports. Commissioner Guttry stated there was still an issue with access to the Railport interior. Mark Gibbs stated they do not have to be within the interior all that was needed was a 500 feet by 2,000 foot box within the Railport facility. He stated there focus was getting into the airspace above. Commissioner Dahl inquired how they would get into the airspace. Mark Gibbs replied they were short take off or helicopter type drones and they need no more than 1,000 feet of graded service to take off. Commissioner Guttry noted everything accessible at the Railport was being used. He stated anything that was available for that type of use was not accessible. Randy Brown stated they do have a crossing on the western end which provides a flat area into a portion of the property. He stated there were roads that go down beside the rail line but it crosses Sherman Creek (a wet crossing) and it goes into agricultural fields. Randy Brown stated there were trails and difficult roads. He stated there was no legal crossing and it was not a commercial crossing; it was a private crossing. Randy Brown stated they own the property on both sides and they could access the property via air from the north side of the rail. Commissioner Guttry suggested they have Mark Gibbs look at the location with Randy Brown. Mark Gibbs stated they had googled it with NIS and identified several sites that were suitable. He stated they only need to have a gravel road with only 1,000 feet to launch. Kristin McQueary stated there was no commercial access across the railroad to the interior portion of the Railport so that creates a liability to the County. She noted the historical trouble with the railroad and the difficulty in getting an additional commercial access. She stated they have been unsuccessful in getting another private crossing access to convert to commercial access. Kristin McQueary stated if they can take off and fly over the center and land without commercial access there would not be a problem but if they have to get to the interior then there were some issues. Commissioner Dahl encouraged Mark Gibbs to discuss this with Randy Brown. He expressed concern with the navigation of the drones. Mark Gibbs stated he was not a spokesman for the UAV industry. Commissioner Dahl questioned that there would be a savings on spraying. Mark Gibbs stated there would be cost savings through life structures for humans and the overall costs were lower to operate drones. PAGE 13

14 Kristin McQueary stated under NRS the sale, lease or otherwise disposal of real property for economic development requires an appraisal of the property. She inquired who would pay the costs of the appraisal. Mark Gibbs would bring it back after viewing the Railport access. Commissioner Guttry clarified they would need insurance and indemnification to protect the County from liability. He stated they would have to research access to the site. He stated if they do lease the sites to them they would have to put it out for proposals for other parties and the appraisal had to be performed. Kristin McQueary stated for economic development they do not have to put it out to lease to others but they have to do an appraisal. Commissioner Guttry stated it may take six months for the appraisal process. He inquired if the model airplane area near the ponds was outside of the five mile radius from the airport. Mark Gibbs replied those were a different class of aircraft and the RCA Flying Club was noncommercial operator and there were no exclusions. Matt McCarty inquired if he had the adequate private property in Spring Creek could they lease that to them. Mark Gibbs stated a private entity could be a test range site but it was easier with regards to insurance requirements to go through a public entity. He stated currently all the test sites in Nevada were on public land and were using public insurance carriers. He stated there was no exclusion for a private person to participate as long as they meet insurance requirements. Commissioner Guttry stated there were steep insurance requirements. Mark Gibbs stated it was a 5 million dollar general liability insurance requirement. Harry Botsford noted the SnoBowl had as much activity in the summertime as it does in the winter. He stated the FAA governs those flights which were 500 foot and they were to be beyond habitable areas of a certain size. He did not believe the Railport would qualify for a test site. Harry Botsford believed there were sufficient people in that area to qualify as a small township. He questioned a test site at the Railport. Harry Botsford came from a Naval Test Center and had turned down a job running the UVA Program for the Navy. He stated there were safety concerns with no pilot and they fly all over Nevada at 500 feet-clear clouds. 3:21:33 PM RECESS: Chairman Dahl called a recess at 3:21 p.m. 3:29:52 PM RECONVENE: Chairman Dahl reconvened the meeting at 3:29 p.m. 3:30:24 PM: PAGE 14

15 V. ELKO SNOBOWL / CITY OF ELKO RECREATION PROGRAM: Discussion and consideration of the approval of a Quit Claim deed to transfer a section of land owned by Elko County for the SnoBowl to the City of Elko subject to the City s acceptance of the deed. The City of Elko is considering the addition of the SnoBowl as part of its recreation program. It has been suggested that the transfer of the County owned property to the City would help facilitate this action. Cash Minor stated for the City to incorporate this within the City s Recreation Department the City should hold ownership. He stated Staff had no problem with transferring the land to the City of Elko for the continued operation of the SnoBowl in conjunction with the nonprofit association. Cash Minor stated there were water rights on the property which would go with the property because it was used for snow making. Commissioner Guttry inquired if there were mineral rights associated with the land. Randy Brown replied the County bought the property in 1990 and those mineral rights were reserved to four separate parties. He stated there were two road easements that pass through private properties and the BLM right of way permit for the road would need to be conveyed to the City. MOTION: Commissioner Guttry moved to approve the Quitclaim Deed to transfer a section of land owned by Elko County for the SnoBowl to the City of Elko subject to the City s acceptance of the deed. Commissioner Eklund seconded the motion. John Carpenter stated with regards to mineral rights and gravel he owned half of those rights. He believed the ranch owned a quarter of the rights and the County may have the remaining quarter interest. Randy Brown understood D.C. Layton Ranches retained the quarter of those rights. The motion passed unanimously. 3:34:09 PM: VI. ELKO JUSTICE COURT A. Update report on the status of the Courtroom remodel project to convert the former Commission Chambers (Room 105) in the Courthouse into a Justice Court Courtroom. Brent Goulding, Justice Court Administrator, displayed the concept drawing of the remodel of the former Commissioner meeting room into a Courtroom. He gave an overview of the changes going out to bid. He stated jury seating will be included for District Court hearings if necessary. Brent Goulding stated the architects estimate was it would take two months to receive the bids and take 90 PAGE 15

16 days of construction. He stated they would coordinate with the window replacement project and with the District Courts as well. Randy Brown stated the windows were going in the Court House and inquired if they would coordinate on the bid or would it be a three party quote. Brent Goulding stated the estimated cost was $85,000 so they will set it out there. Randy Brown stated as a minimum they can go three party quotes. He suggested they contact Reyman Brothers Construction which may be considered for windows because they would be on site and may provide them with quicker services. He recommended they add them to the people they would ask for a quote. B. Approval of a request for the administrative assessments and faculty fees to be retained for use by the Elko Justice Court. Brent Goulding explained the Court assesses fees to each case that was filed in the Court and the Court retains a portion of the administrative assessment fees. He stated these fees were used for technology for better operations and the Court facility fee would go toward remodeling of the room. He noted they just added a recording system to the Courtroom in the jail to improve operations there. He stated this was their annual request to retain those funds for use in their facilities and technologies in the Court. Commissioner Guttry inquired if the budget was tight enough could they retain some of those funds rather than giving them back to the court. Brent Goulding stated they were designated for the use of the Court but the Court operates under the auspice of the County. He believed if they were not being used for any purpose then the County could take them from us. Cash Minor stated there was a time frame on the assessments. He noted the administrative assessment roll over to the General Fund after the third year. Cash Minor stated usually the Judge has a plan to carry over them over for building and improvements. Cash Minor stated if the Board did not approve it then after three years the funds would roll over to the General Fund. He stated the building assessments could roll over to the General Fund every 5 years. MOTION: Commissioner Guttry moved to approve the request for the administrative assessments and faculty fees to be retained for use by the Elko Justice Court. Commissioner Andreozzi seconded the motion. The motion passed unanimously. 3:40:15 PM: VII. ELKO COUNTY FIRE PROTECTION DISTRICT: Status report on the transition of fire protection management from the State to the Elko County Fire Protection District. Elko County and the Nevada Division of Forestry have had a management agreement since the 1950 s for the PAGE 16

17 management of fire protection services in Elko County. This agreement facilitated the utilization of both State and County resources for fire protections services. Although the County and NDF will continue to work in a cooperative arrangement, the Nevada Legislature mandated a reorganization of that relationship and the County has taken over the management on January 1 of this year. Gary Zunino gave a brief history of the formation of the Elko County Fire Protection District. He stated the County assumed the all-risk coverage in January. He stated they did have the inventory of the Volunteer Fire Departments and the four City Fire Departments. Gary Zunino stated they developed a staffing plan, an equipment plan and an infrastructure plan. He introduced Linda Bingaman, Operations Chief and Steven Hamilton, Prevention Chief. He stated they broke the County into three geographic sections and each have a captain. He stated West Side Captain was Brian Haney who was based in the Elko area. Gary Zunino stated the East Side Captain was Kevin Hall. He commented the Central/Spring Creek section was under Captain John Pitts. Commissioner Guttry inquired if the Spring Creek firefighters were carried over from the Nevada Division of Forestry. Gary Zunino reported upon the placement of the firefighters at the Spring Creek station and transfers from the Nevada Division of Forestry. He noted they planned for two mechanics and a training officer but the second mechanic and training officer were not funded. He reported their mechanic had worked only for several months then went somewhere else because of the wages. Gary Zunino gave an overview of the staffing plan. He noted the Prevention Officer would also be the County Fire Marshall and that position would deal with public safety and building inspections. He believed they needed Administrative oversight of the Fire District. He reported they hired fourteen personnel with seven of them coming from Nevada Division of Forestry. He noted that in the transition from NDF to the County no NDF employees lost their jobs. Gary Zunino stated they could not manage and run a Fire District in the fourth largest County in the continental United States without the 15 Volunteer Fire Departments and 160 volunteers. Gary Zunino reported there was a signed equipment use agreement with NDF to retain firefighting equipment. He noted there were 67 pieces of firefighting apparatus within the County in service and 40 were County owned. Gary Zunino stated most of the County owned equipment was 10 years old or newer. He noted the 12 State owned vehicles average 26 years old and the 15 military vehicles have an average of 44 years old. He stated the County was liable to maintain those vehicles and insure them. Gary Zunino stated there were 24 fire stations within the County and the Fire District owned one County transport and one trailer. Gary Zunino reported the County purchased three - PAGE 17

18 Type II Fire Trucks stationed at Ruby Valley, Carlin and Wells. They also purchased a new mechanic service truck. He stated currently they were in the design phase for a joint use mechanic shop to be built at the County Road Department. Gary Zunino stated their new headquarters was at 155 South Ninth Street. He stated they were getting infrastructure in place to utilize the County paint shop as their apparatus bay for County Station 1. He stated they renumbered some of their County equipment and noted the Volunteer Fire Departments would be recognized in the numbering system. He displayed their new logo and patch. Gary Zunino reviewed their mission statement and their vision statement. He reported since January 1 st they have responded to 62 incidents: 35 medicals, 8 structure fires, 7 traffic collisions, 4 public assists, 4 miscellaneous fires, 2 wildland fires, 1 hazmat and 1 ultralight aircraft down. Gary Zunino stated they were participating in the State of Nevada Wildland Fire Protection Program which costs $400,000 annually which was their insurance premium. He stated NDF would provide dispatching services until they can safely transfer it over to Central Dispatch. He stated a private consulting firm was managing the transfer and hoped the transition will be completed by the 1st of March. Gary Zunino stated they would be reprograming every radio in the Fire District and reprogramming the mountain tops. His concern was with Central Dispatch dealing with the volunteers. He stated they were working on their mutual automatic aid agreements with the four cities and developing a long term equipment replacement plan for budgeting purposes. Commissioner Guttry suggested they use the old agreements as a template. Kristin McQueary stated in NRS Chapter 277 there was an implied agreement for emergency services which may suffice for a few months. Gary Zunino stated they were establishing district policy and procedures. He stated they were integrating with the federal agencies for both prevention work and upcoming wildland fire season. He stated there was no signed agreement with the BLM currently. Gary Zunino stressed the need for a mechanic. He stated the Road Department was currently working on their equipment. He believed they might have to hire private contractors to help them. Commissioner Guttry inquired if they have raised the salary. Gary Zunino replied yes and noted the School District and NDF were also recruiting for mechanics. Commissioner Guttry inquired about having service through a private shop. Gary Zunino reported most shops charge $ per hour. He stated NDF has expended 80% of their equipment repair budget as of January 1, He stated they were working with ISO to assure property ratings were documented. He noted they were working with the Building Department to PAGE 18

19 facilitate timely reviews and inspections. Gary Zunino stated they were transitioning workers compensation insurance for volunteers from NDF to the County. Commissioner Guttry requested a breakdown of the budget for replacement equipment from capital because they would begin their budget process in a couple of weeks. Gary Zunino replied Logan Sampson would get a committee together by the end of the month. He stated if they tried to replace every structural truck within the County every 20 years it would cost $650,000 to $700,000 per year. Commissioner Guttry stated when they discussed this previously they placed $1 million dollar figure per year for replacement. Gary Zunino stated that did not include command vehicles. Commissioner Dahl noted those vehicles had age but not the mileage. Gary Zunino suggested equipment replacement every 20 years. He stated the rural areas were not concentrated upon over the last 5 to 7 years and they would get his attention. Gary Zunino stated they had a copy of the equipment vehicle list, showing its ownership and its location. Commissioner Eklund commented several members of the former Fire Science Academy have come over to Elko County which benefited the County. Commissioner Andreozzi commented this was a massive undertaking in a transitional program and acknowledged the efforts of the Commissioners particularly Commissioners Myers and Guttry who served on a special committee. He questioned how the ISO rating would affect the ratepayer that pays for fire insurance. Gary Zunino had looked at his house and it was rated as a 10 and he believed most of Spring Creek should be rated as a 6 so he encouraged the consumers to shop around for the best insurance rate. Steven Hamilton explained number 1 was the best rating and number 10 was the worst rating. He felt everyone in the County should maintain a 9 rating or better. 4:13:39 PM: VIII. ELKO COUNTY BUILDINGS AND GROUNDS: In accordance with Notice Court House Windows Replacement Project PWP # EL , bids were received and opened on January 13, Pursuant to bid review and tabulation results, consider awarding the bid to the lowest responsive/responsible bidder. The request, documents and bids were attached to the agenda. Randy Brown reviewed and provided a copy of the Bid Tabulation Sheet. The bidders were Ormaza Construction, Reyman Brothers Construction, Schell Creek Construction and Walker River Construction. He stated the budget was PAGE 19

20 $250,000 for this project and there were two alternates to this project. Randy Brown noted Alternate 1 was for blinds and window coverings and Alternate 2 was for molding inside. He reported the lowest responsive, responsible bidder was Reyman Brothers Construction with a base bid of $297,355. He stated staff recommends they accept added Alternate 2 for a total of $10,734 for a total of $308,089. Commissioner Guttry noted this bid was over budget and understood they found funding to proceed. Cash Minor stated the additional $58,089 would come from the Ad valorem Capital Project Fund to complete this project. Randy Brown would personally do the construction management and inspection on this project. He stated the architect would be in town every other week to inspect this project. He wanted to avoid change orders. MOTION: Commissioner Guttry moved approve the Court House Windows Replacement Project PWP # EL to Reyman Brothers Construction in amount of $297,355 for the base bid and also include Alternate #2 in the amount of $10,734 for the molding. Commissioner Eklund seconded the motion. Cash Minor requested Commissioner Guttry to amend his motion to include the remaining funding to come from the Ad valorem Capital Project Fund. Commissioner Guttry amended his motion for the budget amount that is over $250,000 to come from the Ad valorem Capital Project Fund. Commissioner Eklund seconded the amendment. Commissioner Guttry stated this came up in the budget process last year and they felt they would save in heating and cooling costs within two years to pay for the costs of the windows. The motion passed unanimously. 4:19:58 PM: IX. ELKO COUNTY COMMUNITY DEVELOPMENT: Discussion and consideration of authorization to do a public request for Statements of Qualifications for Professional Services for services including engineering, architecture, planning, design, construction management and inspection, etc. as needed for Elko County projects. MOTION: Commissioner Guttry moved that we direct staff to do a public request for Statements of Qualifications for Professional Services. Commissioner Eklund seconded the motion. Randy Brown stated this had been done normally in the past for the Road Department and now it was being done for all County Departments. The motion passed unanimously. PAGE 20

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