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. The Board of Elko County Commissioners met in regular session on Wednesday, June 17, 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 Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Sheriff James Pitts Public Defender Fred Lee Library Director Jeanette Hammons Road Supervisor Terry Lister DA Office Manager Liz Watson Fire Administrator Gary Zunino District Court Judge Nancy Porter Justice of the Peace Mason Simmons Chairman Dahl called the meeting to order at 1:30 p.m. ABSENT Chairman Dahl noted for the record that Commissioner Andreozzi was absent. Cash Minor led the meeting participants in the Pledge of Allegiance. PAGE 1

2 1:31:24 PM: I. COMMENTS BY THE GENERAL PUBLIC: Jeanette Hammons challenged the Commissioners to read more minutes than the County Department teams during the summer reading program. She submitted report forms that have to be returned by the 25 th of July. She noted the Library Board members were also participating. Kristin McQueary introduced Curtis Moore a new Deputy in the District Attorney s Civil Division. 1:34:34 PM: II. PLAQUE OF APPRECIATION: A. Consideration of approval of a Plaque of Appreciation to Frederick B. Lee Jr., long-time Elko County Public Defender, for more than 24 years of professional service to the citizens of Elko County. Mr. Lee has managed the Elko County Public Defender s Office from its inception. MOTION: Commissioner Eklund moved to approve a Plaque of Appreciation to Frederick B. Lee Jr., long-time Elko County Public Defender for more than 24 years of professional service to the citizens of Elko County. Commissioner Guttry seconded the motion. The motion passed unanimously. B. Consideration of approval of a Plaque of Appreciation to Liz Watson for more than 34 years of service in the Elko Justice Court and the District Attorney s Office. Ms. Watson has been the management foundation in both the Justice Court and the District Attorney s office for many years. MOTION: Commissioner Eklund moved to approve a Plaque of Appreciation to Liz Watson for more than 34 years of service in the Elko Justice Court and the District Attorney s Office Commissioner Steninger seconded the motion. The motion passed unanimously. C. Consideration of approval of a Plaque of Appreciation to Gary Zunino, Fire Protection District Administrator, for his indispensable guidance to the County during the transition of the management of the Fire Protection District from the Nevada Division of Forestry to Elko County. Mr. Zunino brought over two decades of fire response and suppression management experience to the Fire Administrator position. MOTION: Commissioner Guttry moved to approve a Plaque of Appreciation to Gary Zunino, Fire Protection District Administrator, for his indispensable guidance to the County during the transition of the management of the Fire Protection PAGE 2

3 District from the Nevada Division of Forestry to Elko County. Commissioner Steninger seconded the motion. The motion passed unanimously. Robert Stokes stated with regards to the Fire District Linda Bingaman will be the new Fire Administrator and with regards to the Federal Public Defender s Office Alina Kilpatrick would be the Interim Public Defender during the nationwide search for a Public Defender. 1:41:41 PM: III. FOSTER FAMILIES APPRECIATION DAY: Consideration of adoption of Proclamation 2015 H, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS CELEBRATING AND HONORING THE FOSTER FAMILIES IN NORTHEASTERN NEVADA. Elko County expresses its appreciation to Foster Families that provide protection and stability for our most vulnerable children in our community. Commissioner Dahl commented no one was here to accept the plaque and he would present it to that group next Saturday. MOTION: Commissioner Guttry moved to approve Proclamation 2015 H, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS CELEBRATING AND HONORING THE FOSTER FAMILIES IN NORTHEASTERN NEVADA. Commissioner Eklund seconded the motion. The motion passed unanimously. 1:42:51 PM: IV. NEVADA DEPARTMENT OF TRANSPORTATION (NDOT): 2016 Statewide Transportation Improvement Annual Work Program: Presentation and discussion of the proposed NDOT Transportation System Projects (TSP) document and Annual Work Plan (AWP), followed by consideration of approval of the NDOT FY16 Work Program for Elko County. Bill Hoffman, NDOT Deputy Director, introduced Kevin Lee, District III Engineer; Boyd Ratliff, Engineer in District III, Paul Schneider of the Federal Highway Administration, Lee Bonner, the government liaison and Transportation Planner, and Andrea Edwards. Bill Hoffman stated NDOT had added workshops wherein the local public works staff meets with NDOT and discusses local issues during the consultation process. He noted there were several issues discussed at their November 19, 2014 meeting with the NDOT local staff such as to the responsibility for the approaches and cattleguards, safety concerns on the Lamoille Highway, and lack of lighting at the Palace Parkway and Spring Creek High School access. Bill Hoffman stated Boyd Ratliff would be requesting a road safety audit for the Lamoille Highway and they would bring their engineers and road safety analysts to address the safety issues brought to their attention. Bill PAGE 3

4 Hoffman stated they want to develop a relationship to understand the needs of the community. Bill Hoffman stated safety was NDOT s number one priority. He explained they have a zero fatalities program with safety engineers helping them develop a concept for zero fatalities. He displayed a crash chart and noted pedestrian fatalities had increased. Bill Hoffman stated they wanted to focus upon specific locations where the crashes were happening. He reported over 4,163 crashes had occurred in Elko County over the last five years and 3,168 had non-injuries. He stated there were 943 injury crashes which had 1,386 injured and there were 52 fatal crashes with 60 fatalities. Bill Hoffman stated MAP 21 was signed into law in 2012 and then Congress amended the funding bill at the end of last month. He stated NDOT depends upon federal funding for projects in the State. He reported the State Highway Fund was in good shape but the new vehicles were fuel efficient so a long term funding solution was necessary. He stated some funding options were raising the gas tax or road usage charge, etc. Bill Hoffman submitted the Elko County FY 2016 work program and short term elements for the Fiscal years 2017 to He commended the local district for planning preservation work upon the local roadways which took lots of staff and resources. Bill Hoffman stated NDOT was revamping their consultation process to make it easier for the local government or agencies to submit projects or needs. He stated the project initiation form (PIF) was on the website and once submitted would go into the NDOT s active data base for future planning. He stated the federal transportation alternatives program was explained to the public work s staff in November. He commented there was a road relinquishment program completed last year so there was now a process in place. Commissioner Guttry inquired if the Federal Highway Trust Fund was strictly composed of gas tax and the MAP 21 was a supplemental from a general fund. Bill Hoffman replied there was a federal highway fund that gas and diesel (fuel tax) was the main revenue source. He noted that fuel tax was last raised in He stated the federal fuel tax was currently at $18.04 tax per gallon. He noted the State gas tax was last raised in 1993 and was currently at $18.03 cents. He explained they have a new federal bill, MAP 21, and the bill has to match with the revenues that were coming from the fuel taxes. Commissioner Guttry understood the fuel tax was a user fee but inquired if MAP 21 was based upon fuel tax. Bill Hoffman stated MAP 21 was tied to the Federal Highway Fund and the legislature put in place a procedure for the States to get the funding. Commissioner Guttry commented last year they talked about the traffic upon Highway 93 and noted it was a dangerous road from Jackpot to Wells. He PAGE 4

5 noted NDOT was making passing lanes on Highway 93 south from Lages Junction to Wells. Commissioner Guttry encouraged more passing lanes upon north US Highway 93 because of the truck traffic. Kevin Lee stated anytime they have a paving project on US 93 they would incorporate those safety elements. He commented they have identified passing lanes north of Wells which would be incorporated into the larger projects. Commissioner Dahl noted NDOT has put a lot of funding into Highway 93 from Wells to Ely through gravel/fill along the sides of the highway. He inquired if they knew how many fatalities they had prevented with their safety projects along the road. Bill Hoffman stated their safety engineers were looking at hot spots throughout the entire state and categorizing them into critical emphasis. He noted on rural two lane roads where there may be a lane departures they would see the slope work being done. He explained a gradual slope allows the driver to recover and ease back upon the pavement. Kevin Lee stated they had an accident in the section between Currie and Lages Junction and they departed the road but did not roll. He believed if there had not been an improvement they may have rolled as others have done in that section. Commissioner Eklund inquired if there had been a decline of rollovers in that section so there was justification that was beneficial and/or was a lifesaving factor. Kevin Lee replied there were studies that show rumble strips and shoulder widening were lifesaving. He noted south of Wells they have a narrow roadway and there was no room for rumble strips. Kevin Lee reported on SR 229 and US Highway 93 they were doing rumble strips. Bill Hoffman stated they were looking at data nationally and were assessing other States to see what they were doing when they have similar types of roadway through similar types of terrain. He stated safety was a big issue for the Federal Highway Administration. Commissioner Guttry voiced appreciation for their annual update. He inquired about Interstate 11 from Canada to Mexico and if its designation would be I-15 or US Highway 95 by Reno. Bill Hoffman stated it would be a long time before that interstate was completed. He stated there had been a lot of very preliminary corridor studies on that project. He stated they were doing some work in southern Nevada for that project. He believed it may be a west side of the State corridor at least up to I- 80. Bill Hoffman stated Nevada, Idaho, Utah and Oregon were looking at where it would go after I-80. Bill Hoffman cautioned them this planning was so far away. He stated the Regional Transportation Commission of southern Nevada PAGE 5

6 was doing a portion of the I-11 that leads from the Hoover Dam Bridge and NDOT would assume the project north for a few miles. Commissioner Dahl inquired about the decision to use the west corridor. Bill Hoffman stated that was determined by the Transportation Board. Commissioner Dahl believed it was because the bulk of our population was south it would influence the legislature. Commissioner Steninger inquired of Kevin Lee how many passing lanes they have planned between Wells and Jackpot. Kevin Lee replied there may be four passing lanes. Commissioner Steninger inquired about the difference of traffic counts south of Wells versus counts north of Wells. Kevin Lee would look that up for them. He noted they look at the crash history as well as the traffic counts. He believed the traffic counts were higher north of Wells but there were more crashes south of Wells. Commissioner Eklund inquired if they would be widening the shoulders along the highway north of Wells or would it be just passing lanes. Kevin Lee believed most of the road north of Wells had the slopes widened to a three foot width. Harry Botsford commended them upon his chart and inquired how it compared to other areas within the State. Bill Hoffman stated he would review the density map because there were so many dots over the last five years. He commented this was a wide ranging area and other counties had less roadway and less crashes. Harry Botsford noted Elko had the largest population in the eastern side of the State. Bill Hoffman stated he would take Elko s data and compare it to Reno and Las Vegas s data. John Carpenter questioned why on the interstates when they were doing improvement projects they just close one lane and get the project done rather than put up a million cones. He noted there were always fatalities in those areas. He noted in other States they have the traffic going both ways on one side of the interstate and it was lots safer. Bill Hoffman stated they look at every option they can for every construction situation. He noted there were several projects where they shut down the entire road in some areas. Commissioner Dahl stated last summer there were cones from Argenta over Emigrant Summit and no work was being done Bill Hoffman stated that should not be happening. Commissioner Dahl inquired if there was an expense in picking up the cones. PAGE 6

7 Bill Hoffman stated that may be a decision for the contractor because it does take a lot of effort and money to disperse those cones. Commissioner Eklund stated last summer when there was a construction project over Emigrant Summit it was confusing to figure out which side of the cones they should go around. He encouraged better signage. Bill Hoffman stated they need the contractor to pay more attention to that detail. Harry Botsford stated last summer on the road project to Lamoille the cones were taken off every night when they were not at work and he commended the contractor. He believed that practice made travel safer. MOTION: Commissioner Guttry moved to approve the NDOT FY16 Work Program for Elko County. Commissioner Steninger seconded the motion. The motion passed unanimously. 2:26:40 PM: V. NEVADA OUTDOOR SCHOOL: Presentation regarding the Nevada Outdoor School that provides outdoor education opportunities and consideration of a request for $15,000 to assist in funding the program. Andy Hart, NOS Executive Director, stated the school was founded thirteen years ago in Winnemucca in response to the kids not spending sufficient time outside. He stated there was a lack of natural science education in elementary schools. Andy Hart gave a slide presentation upon their projects which involved 5,000 students learning outside of the classroom. He noted they work extensively in Humboldt County and two years ago they brought their program to Elko County. He stated they have reached over 500 students within Elko County but they were stretching their resources and staff from Winnemucca. He gave an overview of some of their programs performed within the County. Commissioner Dahl inquired if the 5,000 students were from Humboldt County. Andy Hart replied that included every student that they worked with in Elko, Lander, Humboldt, and Pershing counties. He stated they have professionally educated staff to help develop special programs. He stated they base their education relevant to the student s habitat that they live in and natural resource issues that they may be aware of. Andy Hart stated they work with a network of partners to do conservation work upon public lands. He stated they engage youth with their parent volunteers such as on National Public Lands Day etc. He reported they do have summer camps for pre-school through eighth grade students. Andy Hart stated they provide programs for free or low costs to the participants so no student was denied the opportunity to participate in the program. He noted they do a lot of fund raising for their field trips. He reported PAGE 7

8 they have 30 AmeriCorps members in their national service program to nonprofits or governmental agencies. He stated three AmeriCorps members were serving here in Elko County at Communities in Schools, with the Bureau of Land Management and at the Wells Family Resource Center. He gave an overview of the AmeriCorps program. Andy Hart reported the cost was over $500,000 to run the school currently and most of that was funded through federal grants with matches from local support. He noted last year Secretary of Interior, Sally Jewell awarded Nevada Outdoor School with the Champion of Change Award. He had participated in a panel discussion upon future youth getting outdoors. Andy Hart stated his funding request was to establish a base of operations in Elko County. He was offered office space in-kind by the City of Elko to expand their programming. He encouraged them to consider financial support. Commissioner Guttry inquired if they received funding through the Newmont s Legacy Fund. Andy Hart replied yes and they had submitted a request to the Newmont Regional Community Investment Committee. Commissioner Guttry inquired if they worked with the Boys and Girls Club. Andy Hart replied AmeriCorps members had worked with that organization to support them. He stated their programs develop partnerships with nonprofits. Commissioner Dahl questioned why they did not have more support in Las Vegas and Reno because the students in Paradise Valley were familiar with rural living. He believed funding for this type of project should come from fundraising activities other than from taxpayers. Andy Hart stated they partner with Sierra Nevada Journeys who do similar work and they talked about moving the organization towards Las Vegas but they knew the rural areas. He stated in the rural areas they may be the only science education for the students. He said they hold a large fund raiser in August in Winnemucca. Andy Hart reported they also receive donations from payroll deductions. He was asking the counties and cities to get involved because of the free services they provided to the School Districts and teachers. Commissioner Dahl inquired how many of the students were ranch kids from Fields Station in Oregon that come down to Denio to participate. Andy Hart stated a lot of those kids in Fields, Oregon were ranch kids. He noted the style of education they practice was called Inquiry science education. He noted the rural students come up with ideas and have the background to learn natural science. Commissioner Steninger inquired if this would be an annual contribution. PAGE 8

9 Andy Hart replied he could not answer if it was for an annual contribution until they saw what public support they would receive. He viewed this as seed money to get staff to develop partnerships with the people in the community. Commissioner Steninger inquired if they expect the program to grow if they establish a local office. Andy Hart expected when they have staff present in Elko County they should be able to reach 1,000 students the first year and would continue to grow. Commissioner Steninger inquired if they do screening. Andy Hart stated they approach environmental education by teaching them about habitats, sharing of resources, and letting the students make their own decisions. Commissioner Eklund inquired if the Schools support them financially. Andy Hart replied no, but on some of the field trips the School pays for the bussing. Commissioner Eklund stated if they were providing services to the School he believed the School District should assist them. Andy Hart noted one of their partners place their financial burden for the program upon the classroom or through their field trips funding. He noted the classroom teachers have a lot and Nevada Outdoor School did not want to place that financial burden upon them. He stated there were no barriers for participation. Commissioner Eklund inquired where the County s funding would come from. Cash Minor replied the only place was the contingency account after the 1 st of July. Commissioner Guttry inquired if Humboldt County supported them. Andy Hart stated they have in the past and the County has addressed their special requests. He stated Humboldt County has given them in-kind alternatives. Commissioner Guttry voiced support of the program but noted the County had a tough budget. He noted they were turning down department heads for new employees so it was difficult to fund these types of programs because it was not their core responsibility. Andy Hart commented recent studies show youth spends more than 7 hours a day at electronic devices inside. Gretchen Lutes stated she has been a school teacher in Elko County for 15 years. She commented over the last 4 or 5 years Andy has sent AmeriCorps volunteers to Grammar School #2 once a month to educate the students. She noted Nevada Outdoor School provides classroom teachers with support for the PAGE 9

10 youth to question the world around them. She noted the students were not spending enough time outside. Commissioner Guttry suggested they scale back the donation amount. Commissioner Dahl inquired if the County could help them in other ways such as Humboldt County and waive fees on a facility. Andy Hart stated if they have to have space to run a certain program that would be beneficial. He stated they would accept any reduced amount under the requested amount. He believed any amount would show a commitment by the leadership within the County. He noted the local donations were precious because they show local support to the federal donors. Andy Hart inquired if they would consider a Proclamation welcoming Nevada Outdoor School into the community. Commissioner Dahl stated within the Proclamation the County could encourage private entities to support them. Commissioner Eklund inquired if they had approached Nevadaworks. He noted Nevadaworks fund the Communities In Schools and that organization brings a lot of federal grant monies in for similar organizations. He supported the program and suggested a reduced amount. Andy Hart encouraged the Board to help NOS make contacts with the local community organizations for possible funding. MOTION: Commissioner Steninger moved to postpone action upon this request until after July 1 st and at that point at least make a Proclamation and they may find some funding. Commissioner Eklund seconded the motion. The motion passed unanimously. 3:07:05 PM: VI. ELKO JUSTICE COURT: In accordance with Public Notice , INVITATION TO BID - ELKO COUNTY COURTHOUSE ROOM 105 REMODEL PROJECT PWP-EL , consideration of awarding the bid to the lowest responsive bidder for improvements that consist of selective demolition and remodel of the approximate 964 square feet of Room 105 in the Elko County Courthouse for a new Justice Court Courtroom. Work includes, but is not limited to selective demolition and new architectural and electrical components. Bids were publicly received and opened on June 2, Judge Mason Simmons, Justice of the Peace, stated they were remodeling Room 105 to be used as a multipurpose courtroom and it would include a jury box so it would be available for the other Court s use. He noted the Elko Justice Court was the busiest one-judge Justice Court within the State of Nevada. He stated they have a large staff of people in a limited space. He stated this Courtroom would free up additional space to relocate some of their employees. PAGE 10

11 He stated this would allow them to move their operation to the new courtroom and open the older courtroom for their employees. He stated Elko Justice Court s facility fund which would fund this remodeling. Byron Smith, Lombard-Conrad Architects, reported Reyman Brothers Construction at $159,900 was the lowest responsive, responsible bidder. MOTION: Commissioner Guttry moved to award the Elko County Courthouse Room 105 Remodel Project PWP-EL bid to Reyman Bros. Construction in the amount of $159,900. Commissioner Eklund seconded the motion. The motion passed unanimously. Randy Brown stated because it was a County Courthouse and a County facility he would do the construction management on this project. 3:13:16 PM: RECESS: Chairman Dahl called a recess at 3:13 p.m. 3:21:59 PM: RECONVENE: Chairman Dahl reconvened the meeting at 3:21 p.m. 3:22:24 PM: VIII. ELKO COUNTY DIVISION OF PLANNING AND ZONING: Right of Way Vacation Hearing: In accordance with Public Notice , conduct a Public Hearing and consider the possible adoption of Resolution authorizing said vacation as requested by Braemar Construction, LLC to consider the vacation of two fifteen foot (15 ) portions of public right-of-way on Rio Drive in the Adobe Heights #3 Subdivision. The vacation is further described as follows: The abandonment will relinquish the outside fifteen feet (15 ) on each side of the sixty foot (60 ) strip of land (Rio Drive) as created by Division of Large Parcels Map # lying between Parcels 1 and 2 of Parcel Map #444720, recorded in the Office of the County Recorder of Elko County in the NW¼ of Section 1, Township 34 North, Range 54 East, M.D.B. &M. Physical address of Parcel #2 is 1691 Rio Drive, Adobe Heights #3; Elko, NV. The owner of said land to be abandoned is Elko County. Any person desiring to object to such a proposed vacation may appear at the scheduled meeting of the Board and shall be heard. John Kingwell, Planning and Zoning Director, stated on May 21, 2015 the Planning Commission met in a public hearing and moved to forward a recommendation of approval of the proposed right of way vacation with a 6-1 vote. He stated the abandonment was requested to accommodate a partially built structure sitting within the existing right of way. John Kingwell stated this request conforms to NRS through NRS for abandonment of rights of way. John Kingwell stated the existing structure had been framed and was built PAGE 11

12 with a corner of the house into the right of way. He stated the request was for the 15 feet on the west side as well as the 15 feet on the east side. He pointed out the Donovan parcel and the 15 foot section that would go to the Donovans upon a map. John Kingwell stated the other 15 feet of the road right of way would go to Braemar Construction. He noted the Donovans and Braemar Construction had entered into an agreement as to where they would take possession of their portion of the right of way. John Kingwell reported the entire road right of way would be moved over which would allow a 20 foot setback. He stated there would be a variance on the setback for the front yard to 28 feet. John Kingwell presented a slide upon the Rio Drive roadway. He noted this was at the edge of the Adobe Heights Subdivision and road right of way would provide access for firefighters or public access to the BLM properties. John Kingwell stated if the Board approves the request they would have a 30 foot right of way which was the minimum fire code standard. He stated there was loss of public access or loss for firefighting purposes. John Kingwell stated when they received the application for the building permit the application and the plot plan was correct. He noted during construction it was located improperly upon the parcel. He stated the plot plan showed the right of way and location of the house with the proper setbacks. Commissioner Guttry inquired how long the building had been there. John Kingwell stated the building was still under construction. He noted the misplacement of the structure was caught when they went in for the framing inspection. He stated they sent a letter to the applicant, Braemar Construction to let them know if they proceeded any further it would be at his own peril. He noted it was either move the building or request a reduction of the right of way. Commissioner Dahl inquired about the Planning Commission member s objection to the application s approval. John Kingwell stated the Planning Commission member did not state the reason for his vote. He noted the problem they have in these types of situations was they do not require a survey for the homes to be placed and they do not require a certification from an engineer indicating that the house was properly placed before the foundation was poured. He noted they have had three or four of these types of situations per year but not to this extent. He stated they were usually 10 to 15 feet too close or encroaches into a side yard setback. John Kingwell stated this was into the main portion of the road that was used but they were able to meet the requirements for fire access. He noted it was not developed in that region. Commissioner Steninger inquired if there were immediate neighbors. John Kingwell replied they were sitting in the northwestern corner of the subdivision of Adobe Heights and Richard Donovan owns the adjoining parcel. PAGE 12

13 He noted the Donovans and Braemer Construction have entered into an agreement and submitted the application to Planning and Zoning. He stated they can either have a reduction in the right of way and move it to the east side or remove the home. Commissioner Eklund stated he had been contacted by the homeowner who was worried that they would have to move the home. Commissioner Dahl asked how much of the house was built. Commissioner Eklund stated the house was framed and the foundation poured. John Kingwell replied it was enclosed and roofed presently. Commissioner Guttry inquired if it was over 20 feet from where it should be. John Kingwell stated it was over one foot into the road right of way. He stated if the Board approved the request they would end up with a 30 foot road right of way which was adequate for access. Commissioner Steninger inquired if Braemar owned the property up to the BLM land. John Kingwell replied yes. Commissioner Dahl inquired what the size of the parcels was in that area. John Kingwell stated they were zoned special lands so they were 10 to 13 acres. Randy Brown stated according to Elko County Code 494 this was a recognized Homeowners Association. He stated the Homeowners Association had been involved in this process and approved this alternate. He stated the road was to provide access to the BLM managed properties. Commissioner Guttry noted the property owners had worked this out, suggested an alternative and it was not detrimental to the public. Randy Brown stated they tried several times to implement a program where a survey was required before building but they met with a lot of public objection. He stated they may be again presenting that requirement to them. Commissioner Eklund understood the contractor was at fault. Randy Brown stated Braemar owns the property and was the contractor. John Kingwell stated normally these problems where not found until the first or second homeowner tries to do something to the home. He stated they send staff into the field to inspect the foundations but they were not qualified to know where the property boundaries were. He requested that if the Board decides to approve this request he suggested it be approved with staff recommendations, findings and conditions. MOTION: Commissioner Guttry moved to adopt Resolution authorizing said vacation as requested by Braemar Constructions, LLC to consider the vacation of two fifteen foot PAGE 13

14 3:34:21 PM: (15 ) portions of public right-of-way on Rio Drive in the Adobe Heights #3 Subdivision with staff recommendations on the conditions. Commissioner Eklund seconded the motion. The motion passed unanimously. VII. ELKO COUNTY SHERIFF S DEPARTMENT: A. John C Carpenter Law Enforcement Center 1. Report on the status of the Elko County Jail Men s and Women s Housing Additions Construction Project. Sheriff Pitts reported they were moving into the new addition and bringing back the female prisoners from Lander County. 2. Discussion and consideration of Change Orders to the original Construction Contract for the Elko County Jail Men s and Women s Housing Additions Construction Project in the total amount of $4, a. Proposal Request 3 Provide and install Access Door to area above floor cells in Housing Unit L. 1 Day time extension $ 3, Byron Smith stated this request was to provide and install an access door to the area above the floor cells. He explained they have a pre-engineered jail system that comes in a panel but they have some piping and utilities above the cells. He stated if they need maintenance they proposed an access panel on the exterior wall to keep from interrupting the operations. b. Proposal Request 4 Run new emergency power circuit to thermostat locations in sally port 106. Provide and install new 50A transformer in an enclosure. 1 Day time extension $ 1, Byron Smith explained the control units that came from the manufacturer were a plug in the wall type of unit which was not what they anticipated getting. He stated they felt there would be problems with inmates coming through that space and messing with the unit. He stated they asked the manufacturer to provide them with a control panel that was hard-wired into the electrical system and away from inmate access which would be on an emergency power circuit. c. Credit for omission of vapor barrier $(1,731.00) Byron Smith reported the contractor did not install the vapor barrier below the men s housing units. He stated the solution from the contractor was to offer an additional warranty on the concrete. Byron Smith noted the only flooring application was in the bathroom area so they did not believe that would be a problem. He noted the only other option was to rip out the entire slab. Commissioner Dahl inquired what the cost was for the entire project. Byron Smith replied $3,890, with the change orders. He stated this was the fourth change order and so far they have had $23,633 in change orders. PAGE 14

15 Commissioner Guttry inquired when they do the engineer s estimate on the entire project do they include a contingency to cover these change orders and has that amount been exceeded. Byron Smith replied they do include a contingency but this project was over bid so the County put in supplemental funds to meet the budget. He did not know what they had for the contingency. Cash Minor stated if they approve this change order they would be $17,032 over budget. MOTION: Commissioner Guttry moved to approve the change order and move on with the project; request 3 & 4 and a credit in the amount of $4, be approved for the construction of the Elko County Men s and Women s Jail Housing Additions. Commissioner Eklund seconded the motion. The motion passed unanimously. B. Discussion and consideration of the possible approval of Resolution that will authorize fees collected from inmates for meals, booking and medical services to be reserved for the betterment, maintenance and capital improvements of the Elko County Sheriff s Office and Jail. Commissioner Guttry stated the Justice Courts have an administrative fee that they collect and he thought the Sheriff could collect these fees so that the Sheriff s Department may use these for upgrades. He noted there was concern that the medical service would need to be paid back through the Indigent Fund and the Sheriff agreed with that. Commissioner Guttry understood if they spend capital improvement funds on maintenance they may be in violation with the Department of Taxation. He suggested capital improvements not to exceed $5,000 could be performed without approval by the Commission with these fees. Sheriff Pitts stated they looked at the Nevada Revised Statutes and asked for legal review. He noted if they were charging the Cities, this money would go back to them. Sheriff Pitts stated since they do not charge the cities for housing the inmates they would earmark those fees for improvements to the jail. He stated collection of fees for doctor visits and prescription fees would be given back to the Indigent Fund. Sheriff Pitts stated some of these booking and meal fees would be utilized to upgrade the older cells. He noted there was no cost to the taxpayer and the fees were coming from the inmates. Commissioner Guttry inquired if they could make changes to the Resolution without holding another meeting. Robert Stokes stated they could make changes to the Resolution. MOTION: Commissioner Guttry moved to adopt Resolution No with one change for the deletion of fees for medical services and PAGE 15

16 3:49:00 PM: the capital improvements not to exceed $5,000 without Commissioner approval. Commissioner Eklund seconded the motion. The motion passed unanimously. IX. ELKO COUNTY CODE: A. Discussion and consideration and first reading of Ordinance , entitled, AN ORDINANCE AMENDING TITLE 5, CHAPTERS 3, 6, 7, and 9 OF THE ELKO COUNTY CODE. Title 5, Chapter 3, addresses Tentative Subdivision Maps. The proposed changes to ECC removes the language land development and replace it with subdivision development. The proposed changes to ECC set filing fees by resolution. Title 5, Chapter 6, addresses Final Subdivision Maps. ECC changes correspond with recent changes made to NRS as they apply to the filing period of a Final Map. ECC changes include fees set by resolution and payment to Elko County Division of Planning and Zoning. ECC changes submittal of Final Map to the Elko County Division of Planning and Zoning and removes paragraph 2. ECC changes County Surveyor to the Elko County Division of Planning and Zoning. Elko County Code Title 5, Chapter 7, defines subdivision requirements. ECC changes County Clerk s Office to the Elko County Division of Planning and Zoning. ECC changes County Clerk to the Elko County Division of Planning and Zoning. ECC 5-9-1, State Assistance; Fee Schedule section is to be deleted in its entirety. Commissioner Dahl called for public comment. There were no public comments. MOTION: Commissioner Guttry moved to approve the First Reading of Ordinance , entitled, AN ORDINANCE AMENDING TITLE 5, CHAPTERS 3, 6, 7, and 9 OF THE ELKO COUNTY CODE. Commissioner Eklund seconded the motion. The motion passed unanimously. B. Discussion and consideration and first reading of Ordinance , entitled, AN ORDINANCE AMENDING TITLE 12, CHAPTERS 3, SECTION 19 OF THE ELKO COUNTY CODE TO UPDATE NAME OF AGENCY TO PAGE 16

17 ELKO COUNTY DIVISION OF PLANNING AND ALL OTHER MATTERS RELATING THERETO. Commissioner Dahl called for public comment. There were no public comments submitted. MOTION: Commissioner Guttry moved to approve the First Reading of Ordinance , entitled, AN ORDINANCE AMENDING TITLE 12, CHAPTERS 3, SECTION 19 OF THE ELKO COUNTY CODE. Commissioner Eklund seconded the motion. The motion passed unanimously. 3:51:14 PM: X. ELKO COUNTY NATURAL RESOURCES DEPARTMENT: Greater Sage Grouse Final Environmental Impact Statement Protest: Discussion and consideration of possible authorization to protest the Record of Decision approving the BLM/USFS and subsequent Resource Management Plan (RMP) Amendments outlined in the Greater Sage Grouse Final Environmental Impact Statement (FEIS). Commissioner Dahl noted they were asked to contact the Governor and request that he support the proposed amendment to the National Defense Authorization Act which would postpone the listing for 10 years. Commissioner Dahl had received a notice from the Public Lands Steering Committee of the Western Interstate Region Board of Directors that they had just heard from friends in Washington and that the amendment had been withdrawn from consideration by the Senate because there was a threat of veto by the administration. He commented Congressman Amodei told them three weeks ago that they would do this and the House would introduce a like amendment. Randy Brown stated the FEIS was 1,982 pages and was out to the public on the 28 th of May. He noted they have thirty days to file a protest. He had spoken with other counties and they would protest the FEIS. He noted they would have to protest specific issues within the FEIS. Randy Brown noted there was one statement in Chapter 4 regarding socioeconomic impact wherein they state there would be no anticipated socioeconomic impacts. He requested permission to protest the FEIS because they have to have it filed by the 29 th of June Commissioner Eklund stated he and Commissioner Steninger met with Bill Dunkelberger, Forest Supervisor of the Humboldt-Toiyabe National Forest, and they discussed impacts upon ranching, mining and recreation. Commissioner Steninger commented there would be no activity within three miles of any lek so there would be impacts. Randy Brown stated there was not to be any activity within seven miles of any active lek. PAGE 17

18 Commissioner Steninger stated they would not be able to turn out in any allotment with a lek until the 15th of June. Commissioner Eklund commented the allotments with leks that formerly turned out in April 15 th would not be able to turn out until June 15 th and there would be no travel before 9:00 a.m. in those lek areas. Randy Brown noted travel would be limited until sundown. Commissioner Eklund stated the FEIS said there would be no impact upon the existing mines but for any new mines or new exploration they have to purchase environmental credits before they move forward. Randy Brown stated the FEIS gave a lot of latitude to the BLM and Forest Service when rewriting amendments to the Resource Management Plans so they would never be scrutinized by the public. He noted approximately 70% to 80% of Elko County was some form of sage grouse habitat whether critical need or general habitat. He believed they designated 30% of Elko County as prime management areas and the remaining was general but there was not much latitude between management practices for general or prime. Randy Brown stated he had read the preferred alternative and it was detrimental to the County. He believed the mines would continue but they would have to buy credits. Randy Brown stated the FEIS would impact the ranchers, recreationists and casual users the most. He had over 100 issues with the portion of the FEIS he had read. He did not know if their protest would be successful because their protests before had been ignored. Randy Brown believed the Governor should be aware of the sixty day review period. He stated the Board should support the Governor in his findings. He noted Elko County s local plans have been ignored as well as all other counties plans. Commissioner Eklund stated he and Commissioner Steninger stressed during their meeting with the Forest Supervisor that they were taking cattle off of the range in prime growing season. He noted one of the greatest hazards to the sage grouse habitat was fire and if they take the cattle off during the growing season then there would be lots of fuel growing. Commissioner Eklund stated the Forest Service said their grazing permits were at higher elevations so there was not as much impact as upon the BLM who had the allotments mostly in the lower elevations. Commissioner Dahl has spoken to the new State Director about the minimal amount of time to review the FEIS. Randy Brown noted the BLM was the lead agency and Nevada was 90% of the planning area. He commented Elko County was the majority of the area and they ignored the local County plan. He stated the State and County s plans call for grazing on these lands to reduce the fire fuels. He stated the FEIS had gone against that philosophy. PAGE 18

19 Commissioner Dahl stated he would meet on Friday with Cory Hunt of the Governor s Office to discuss the final draft. Commissioner Guttry inquired if they asked for comments upon the Resource Management Plan. Randy Brown stated the FEIS allows the BLM to amend the current Resource Management Plans (eleven plans in Nevada) to consider sage grouse habitat management. Commissioner Guttry believed they would have to protest to have standing but in the past their comments were never considered either by the BLM or the Forest Service. MOTION: Commissioner Guttry moved to submit a protest with reservations. Commissioner Eklund seconded the motion. Randy Brown stated the County was a cooperating agency and they could officially protest the BLM FEIS Commissioner Guttry amended his motion to add the verbiage that they officially protest. Commissioner Eklund seconded the motion. The motion passed unanimously. 4:06:25 PM: XI. ELKO COUNTY FISCAL AFFAIRS: A. Discussion and consideration of the approval of the Annual Fiscal Report for Elko County in accordance with NRS B. Acceptance of Quarterly Revenue and Expenditure Reports for the period July 1, 2014 to March 31, Debbie Armuth stated the reports under Agenda items A and B were required to be published in the newspaper each year. MOTION: Commissioner Guttry moved to approve the Annual Fiscal Report for Elko County in accordance with NRS and the Quarterly Revenue and Expenditure Reports for the period 4:07:33 PM: July 1, 2014 to March 31, Commissioner Eklund seconded the motion. The motion passed unanimously. XII. FY YEAR END BUDGET ADJUSTMENTS: A. Review and approval of fiscal year end department account analysis and proposed adjustment pursuant to NRS 354. B. Review of Elko County Contingency Account and amounts allocated y-t-d and those amounts proposed for year-end adjustments. C. Review and approval of Resolution entitled, A RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FOR THE COUNTY OF ELKO GENERAL FUND. PAGE 19

20 D. Review and approval of Resolution entitled, RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS AND CASH FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FROM THE ELKO COUNTY GENERAL FUND TO THE DEDICATED COUNTY MEDICAL INDIGENT FUND. E. Review and approval of Resolution entitled, RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS AND CASH FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FROM THE ELKO COUNTY GENERAL FUND TO THE ELKO AREA TRANSIT SERVICE FUND. F. Review and approval of Resolution entitled, A RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS AND CASH FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FROM THE ELKO COUNTY GENERAL FUND TO THE ELKO COUNTY SOLID WASTE ENTERPRISE FUND. G. Review and approval of Resolution entitled, A RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS AND CASH FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FROM THE ELKO COUNTY GENERAL FUND TO THE FORENSIC SERVICES FUND. Debbie Armuth stated they could approve Resolutions through Resolution at the same time because they were contingency fund transfers. Commissioner Steninger noted $946,000 was coming from contingency. Debbie Armuth clarified $546,000 would be taken from the contingency and re-appropriated to other funds within the general fund. Commissioner Guttry inquired if in August someone needs funding then at the end of the year would they bring out that withdrawal. Debbie Armuth stated they do a fund review at the end of the fiscal year and make these recommendations. Commissioner Steninger noted the Indigent Fund and Area Transit had budgets but this transfer would augment their budget. Debbie Armuth stated if money was available in the budget then they may not need a contingency transfer. She noted the medical indigent was $178,000 so they used the contingency. Debbie Armuth stated they analysis what funds were overextended at the end of the year so there was no cash deficit. Commissioner Guttry inquired if they approved the $15,000 for Nevada Outdoor School it would be listed from here next year. Debbie Armuth replied that would probably come from the Commissioner s budget. PAGE 20

21 Cash Minor explained if they voted for the $15,000 to Nevada Outdoor School that would come from the Contingency of the next year and they would not see the Resolution for that transfer until FY MOTION: Commissioner Guttry moved to adopt Resolutions through Resolution as Elko County contingency account year-end adjustments. Commissioner Eklund seconded the motion. The motion passed unanimously H. Review and approval of Resolution entitled, A RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS AND CASH FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FROM THE ELKO COUNTY GENERAL FUND TO THE SENIOR CITIZENS FUND MOTION: Commissioner Guttry moved to adopt Resolution entitled, A RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS AND CASH FROM THE CONTINGENCY ACCOUNT WITHIN THE 2014/2015 FISCAL BUDGET FROM THE ELKO COUNTY GENERAL FUND TO THE SENIOR CITIZENS FUND. Commissioner Eklund seconded the motion. The motion passed unanimously. I. Review and approval of Resolution entitled, A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE AMBULANCE ENTERPRISE FUND FROM THE COUNTY IN LIEU OF TAXES FUND J. Review and approval of Resolution entitled, A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE ELKO COUNTY SOLID WASTE ENTERPRISE FUND FROM THE COUNTY GENERAL FUND K. Review and approval of Resolution entitled, A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE LOCAL EMERGENCY PLANNING COMMITTEE FUND FROM THE COUNTY GENERAL FUND L. Review and approval of Resolution entitled, A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE SENIOR CITIZENS FUND FROM THE COUNTY CAPITAL PROJECTS FUND M. Review and approval of Resolution entitled, A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE ELKO AREA TRANSIT FUND FROM THE COUNTY CAPITAL PROJECTS FUND PAGE 21