Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Demar Dahl Glen Guttry Charlie Myers Warren Russell R. Jeff Williams 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, December 5, 2012, at 10:00 a.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners R. Jeff Williams, Chair Demar Dahl Glen Guttry Charlie Myers Warren Russell County Manager Robert Stokes CFO/Asst Manager Cash Minor Planning/NRMAC/Asst Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Sheriff James Pitts Road Supervisor Otis Tipton Chairman Williams called the meeting to order at 10:00 a.m. Chairman Williams explained Commissioner Russell would be absent this morning but would be present this afternoon. Commissioner Dahl led the meeting participants in the Pledge of Allegiance. Chairman Williams noted Ken Miller would retire this month from the BLM. He stated because of an agenda error the BLM law enforcement were not present today but would attend next month. 10:03:01 AM: I. COMMENTS BY THE GENERAL PUBLIC: Ken Miller, Elko District BLM Manager, reported they had gathered 340 horses during the Owyhee horse gather on the Winnemucca side. He stated PAGE 1

2 they hoped to gather 150 on the Elko side in December and would only remove 50 head. They would treat 100 horses with fertility control. He stated with regards to the sage grouse effort, they had not received a signed cooperating agency MOU from Elko County. Randy Brown had sent two copies in the mail. Ken Miller would bring in the local law enforcement officer, the state lead for Utah and Nevada and the state law enforcement ranger to give a presentation in January. Ken Miller stated they have not gotten the shooting range document signed yet and would attempt to get it by the end of the year. He stated a renewal of the RP&P lease would have to be performed. Commissioner Williams inquired if that would delay the completion of the shooting facility and water well. Ken Miller did not believe that would delay the project. Randy Brown stated they were going through a grant process but he was not comfortable using that funding for a water well upon public property. They elected to hold off on the water well until the deed was finalized but would proceed with the youth shooting facility. Ken Miller stated there may be a new District Manager in March. Ken Miller commented it had been a pleasure to work with the Commission who wanted to get something done. He stated the new District Manager would have to deal with the climate change. Ken Miller encouraged them to work with the local BLM representatives and acknowledged they have the bigger battles at the state and national level. He stated it was the local BLM intent to work with the County and the stakeholders and hoped that relationship continues to grow. He stated the focus should be upon caring for the American lands. He would be present in January during the law enforcement presentation Commissioner Williams commended Ken Miller for his efforts in working with the Board and noted at the last NRMAC meeting Mr. Miller received the same appreciative comments. Ken Miller received a round of applause. Due to recording difficulties the live streaming was dropped momentarily. 10:17 AM: II. NEVADA RURAL HEALTH DAY: Discussion and consideration of Proclamation 2012-P joining the Office of the Governor, the University of Nevada School of Medicine and the Nevada Office of Rural Health in celebrating Nevada Rural Health Day by honoring the Emergency Medical Professionals in Elko County. MOTION: Commissioner Myers moved to approve PROCLAMATION P celebrating Nevada Rural Health Day by honoring the Emergency Medical Professionals in Elko County. Commissioner Dahl seconded the motion. The motion passed unanimously. PAGE 2

3 Chairman Williams read the Proclamation into the record. 10:24:51 AM Chairman Williams presented certificates of appreciation to the emergency medical professionals. Gerald Ackerman presented a short video honoring the local EMS. He publicly thanked them for acknowledging the rural health day. 10:31:16 AM: III. NEVADA STATE HEALTH DIVISION: Presentation, discussion and consideration of information regarding the services provided by the Division including Community Health nursing, Environmental health and the merger of Mental Health and Public Health services. Chairman Williams stated they would table this issue until they have a representative from the Nevada State Health Division present. 10:31:36 AM: IV. ELKO COUNTY FLEXIBLE BENEFITS PLAN: Discussion and consideration of the approval of Resolution No authorizing the County s Flexible Benefits Plan Program for Cash Minor noted their prior carrier for the flexible benefits plan was getting out of the business and they had to change companies so they had to sign off on their plan application. MOTION: Commissioner Myers moved to adopt RESOLUTION No , authorizing the County s Flexible Benefits Plan Program for Commissioner Guttry seconded the motion. Chairman Williams called for public comment, no comment was submitted. The motion passed unanimously. Chairman Williams relinquished control of the meeting to Highway Board Chairman Russell. 10:33:40 AM: V. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Vice-Chairman Williams called the Highway Board to order at 10:33 a.m. A. Comments by the General Public: Commissioner Myers noted the Forest Service received funding from RAC for repair to the Gold Creek Road and nothing had been done. He stated the road should have been completed last year and was not completed this year. He suggested the County Manager send a letter to them about the road project. 10:35:18 AM: B. Used Motor Grader Purchased at Auction: Discussion and consideration of the purchase of a used motor grader at auction in order to save funds and a report as required by NRS PAGE 3

4 Otis Tipton stated in the spring when they drafted the road budget he had requested funding for a new motor grader. He made the commitment to look for a used motor grader and the Budget Committee allocated $300 for the motor grader. He was able to purchase a used motor grader with a snow package at an auction for $175 so he saved $125,000 on this purchase. He commented when he first came to the County the Commission had given him funding to purchase equipment and he had attended auctions to upgrade the Department s equipment. He was able to purchase six used semi-trucks through auctions and explained how he determined the value of the equipment and the snow packages needed for this area. Commissioner Williams commented this agenda item let the taxpayers know that Otis had purchased the equipment for a reasonable price and saved the taxpayers money. 10: 42:46 AM C. General discussion of routine road maintenance issues for information and/or administrative direction purposes. Otis Tipton voiced concerned about the condition of the Gold Creek Road. Commissioner Myers inquired if he had received a list of roads that the Forest Service wanted to pass on to the County. Otis Tipton cautioned that part of the Federal Register findings stated the Forest Service did not have to honor any past agreements. He recommended to the Board that unless the Forest Service signed over the rights of way over to the County they should not look at the roads. He believed the Forest Service would come back in and take the roads back. Commissioner Myers commented the County had been doing maintenance upon Charleston, Gold Creek, and Meadow Creek, etc., for years. Commissioner Myers stated they want to do their due diligence to keep the roads open. Otis Tipton stated the original agreement with the Forest Service when they lost the bridges upon Roland and on the Bruneau was when the County redid all the improvements in the road, the County would receive the road but it was a handshake and now all past agreements were off. Commissioner Dahl stated there may be an opportunity to redo those agreements. Otis Tipton stated the Forest Service did not stand behind their agreements such as the one in Jarbidge. He believed the County would have to have the right of ways signed over to them. He noted the right of way on Harrison Pass was not signed over. Commissioner Williams commented the culverts and bridges were expensive to replace. Commissioner Myers noted the Forest Service does specific things that were not conducive to road maintenance in the winter time and then the people call the local Commissioners. He commented it was important to exercise their right to keep the roads open for their constituents. PAGE 4

5 Otis Tipton had expressed his concern to the Forest Service that the Bruneau Bridge and the Roland Bridge was in the County s name and they get the inspections for those. He questioned how the County could control the weight over the bridges if they don t control the traffic on the road. Otis Tipton noted the County had a right of way permit process but the Forest Service has no such process. Commissioner Myers suggested they give the locals the Forest Service personnel home numbers to call in case of an emergency on those roads. Otis Tipton stated those infrastructures were part of the County s inventory. Commissioner Williams understood there was a weight limit upon the road to the Bald Mountain Mine Road. Otis Tipton stated there were no weight limitations on that road. He reported that previously Vega had hauled large equipment on that road and had to replace a culvert. Otis Tipton stated there were restrictions upon the State portion of that road that went all the way through White Pine. He believed the mine may have set a policy on the road since they were maintaining that portion of the road. (The Granicus system gave a timed extension notice on the live streaming). Grant Gerber had received calls about the road not being graded enough, no mag and one wanted his road paved since the election. He inquired who he should refer them to. Commissioner Myers suggested those calls go to Randy Brown. Grant Gerber commented one call was on a road that was not a County road and one was complaining about the County employees which he had asked for proof. Commissioner Myers stated the other Board members had already received those same complaints. He noted the County did not maintain private roads. ADJOURNMENT OF HIGHWAY BOARD: Chairman Williams adjourned the Highway Board at 10:52 a.m. Chairman Williams relinquished control of the meeting to Wildlife Chairman Myers. Wildlife Chairman assumed control of the meeting. 10:52:07 AM: VI. GREATER SAGE-GROUSE MANAGEMENT ISSUE: Discussion and consideration of issues related to the Greater Sage-Grouse management issue, including the Governor s Greater Sage-Grouse Conservation Plan, the BLM Greater Sage-Grouse Interim Management Policies and Procedures Instructional Memorandum, the adopted Elko County Plan to Manage Sage-Grouse including impacts to public lands management processes and operations, the BLM Memorandum of Understanding for Cooperating Agency status on the BLM Great Basin Nevada and Northeast California Sub- Regional Sage-Grouse study. PAGE 5

6 Randy Brown had received the MOU a week before Thanksgiving and he had mailed two copies back to the BLM. Commissioner Myers stated in a meeting with the Nevada Division of Forestry the sage grouse issue came up and they would be working with the Conservation and Natural Resources Division. He stated they were aware of the plan being accepted and were looking at green stripping. He stated there was a question about funding. Commissioner Myers believed the issue was the Governor had not frozen the use of the pipeline funds and several entities were looking at those funds. Commissioner Williams stated according to the Sagebrush Ecosystem Structure the County may have a say in that. He understood NDOW had control of the bird through hunting, conservation, leks and control of the funds from Ruby Pipeline. He believed the habitat was being controlled by the Conservation and Natural Resources Division through the Conservation Districts. He understood C&NR was the lead and could seek information from NDOW who may exercise some control over the funding. Commissioner Myers believed they should move NDOW under the Conservation and Natural Resources Division to report to Leo Drozdoff. He hoped the local conservation districts adopt the Elko County Plan because the County plan addressed fire, etc. Commissioner Williams had spoken to Tim Rubald yesterday who stated as time goes on the C&NR will have more to do with the bird. He noted currently the appointed Sage Brush Ecosystem Board Members did not have a wildlife background. Commissioner Myers did not believe the Conservation & Natural Resources had the authority to direct NDOW to work with the committee. John Carpenter stated when he last talked to the new Governor s Chief of Staff they were trying to freeze the pipeline funding. He understood from the Governor s letter that the Conservation & Natural Resources Division would be over everything regarding sage grouse. He would speak with the Governor s Chief of Staff. Commissioner Guttry commented the last time he talked to Tim Rubald, Tim was unsure who was in charge. Commissioner Williams noted fire suppression and predation were major issues. He understood NDOW had control of the funds for the habitat and the permit numbers through the US Fish & Wildlife for raven control. John Carpenter had contact with Larry Gilbertson regarding the predator program. He understood Pete Bradley, Wildlife Staff Specialists, did not have the predator plan out. He said Larry stated their predator plan included $60,000 for raven control. John Carpenter inquired about applying for more permits. He called the Animal Control person and they had received a list which had a PAGE 6

7 $60,000 budget for predator control. John Carpenter voiced concerned about the timeline to put out bait. Commissioner Williams noted the County attempted to get permits and was given ten unattainable requirements in order to get permits for raven control. John Carpenter commented NDOW had months to draft a predator plan. Commissioner Williams noted it must have to be justified through the US Fish and Wildlife. Commissioner Myers questioned who was in charge. He noted Grant Gerber had drafted a letter and Commissioner Myers recommended it be sent to the Governor. He questioned whether people in the State wanted the bird listed for more control and more funding for their departments. Commissioner Myers read Grant Gerber s draft letter into the record. Commissioner Williams understood the Governor only made the Conservation & Natural Resources as the lead department. He commented if C&NR was put in charge of predator control then the US Fish & Wildlife would not recognize them for the permitting process. Commissioner Myers believed the NDOW Department should come under Natural Resources. MOTION: Commissioner Dahl moved to form a committee including the letter s author, himself, Commissioner Myers, and John Carpenter to review the letter drafted by Grant Gerber to the Governor. Commissioner Guttry seconded the motion. Commissioner Williams noted they had talked about the lead and felt they should request clarification from the Governor what his intent was upon the whole program and the mechanics. Ken Miller, Elko BLM District Manager, was not concerned about the State s organization. He questioned if they had received a copy of the agreement between BLM and NDOW upon how that funding would be administered. He stated the funding was held by NDOW but they were spent under the agreement between NDOW, BLM and the Ruby Pipeline. Ken Miller stated NDOW had no more authority than the State of Nevada to expend that funding. He stated the BLM s intent was to utilize that funding on the ground for habitat restoration to keep the bird from being listed. Ken Mayer stated NDOW had equal status as BLM on how that funding would be spent. He commented Ruby Pipeline funding was also held by the Public Lands Committee and the Western Watershed Projects which Elko County may have avenues to access those funds. Commissioner Dahl inquired how the BLM and the NDOW agreement happened. Ken Miller stated in mitigation on the project Ruby Pipeline voluntarily contributed funding so the agreement came about. He stated the funds went to a PAGE 7

8 State account because it was easier to access them rather than from a federal account. Commissioner Dahl inquired about the agreement between Ruby Pipeline and Western Watersheds Project. Ken Miller stated the 8.1 million dollars which was the initial funding to the BLM/NDOW had nothing to do with the WWP or the Public Lands Committee. He had no knowledge until public knowledge that there were agreements also with WWP and the Public Lands Committee. Commissioner Guttry noted NDOW still had to sign off on the funding. Ken Miller stated the County had good people to do the work on the ground such as Gerald Miller who formerly worked for Nevada Soil and Conservation Service and who would work with the County. Commissioner Dahl understood Randy Brown had been working with Gerald Miller. Ken Miller stated Randy Brown had also been working with Alan Jenne. He commented there were a lot of people already on the ground available to do the work. Randy Brown clarified there were separate funds: Western Watersheds Project s fund came from the parent corporation El Paso Gas and the Ruby Pipeline mitigation fund went to NDOW and the BLM. He stated they were looking at the Western Watershed Projects funding through the Northeastern Nevada Stewardship Group. Randy Brown stated the County was looking at the Public Lands Committee to fund the pilot project. Commissioner Myers suggested funding for three people on the ground. Harry Botsford commented that the County plan had been submitted to the State but suggested that on any future plans from the County they have an activation date. He stated it was in the best interests of the citizens to force the State to respond. He stated the standard practice was to stall and they would lose the money by The motion passed unanimously Chairman Williams assumed control of the meeting and relinquished the Chairmanship to Commissioner Dahl. Public Lands Chairman Dahl assumed control of the meeting. 11:33:17 AM: VII. AMERICAN LANDS COUNCIL: Discussion and consideration of issues related to the mission and ongoing activities of the American Lands Council. Commissioner Dahl stated the ALC were attempting to get legislation in the other States to bring about the transfer of the public lands. He stated tentatively the plan for our State was to establish a Legislative Interim Committee for the implementation of the Nevada Lands Management Act. Commissioner Dahl stated the committee would be comprised of one Commissioner from every County and the purpose of committee was to figure out how that Nevada Lands Management Act will be implemented to answer all the questions which go along PAGE 8

9 with that process. He stated they hoped to develop a plan by July 1, 2015 for the transfer of the land with the exception of the monuments, wilderness areas, national parks, etc. Commissioner Dahl stated bills would be introduced in New Mexico and Montana in January. He stated Idaho was drafting their bill. He noted Wyoming and Oregon would be a challenge. Commissioner Williams stated he, John Carpenter, and Senator Goicoechea was on the phone with the Assistant Attorney General of Utah and the Attorney General of Nevada discussing the constitutionality of this issue. He understood there still was some question. Commissioner Dahl stated there was a rumor that the Attorney General for Utah questioned the constitutionality and wrote a letter to Ken Ivory. He read a portion of his letter to Ken Ivory: As you are communicating with other state representatives and staff to implement similar legislation to our HB 148 Transfer of Public Lands Act, please feel free to let them know that you have the full support of the Utah Attorney General s Office now as well as after I am sworn in. I was honored to work closely with you on the details of this legislation. Our office is committed to enforcing and defending this initiative that is critical to education, equality for Utah s children and the economic self-reliance of our State. We have committed and will continue to commit staff to this vital initiative and to our firm opinion of the constitutionality of HB 148, Utah Transfer of Public Lands Act. John Carpenter stated they had a telephonic conversation with Tony Rampton regarding the legislation and they were to have a committee look at all the issues that the transfer of all these lands would bring. He commented that Tony said if they want to take it through a lawsuit there was question about the supremacy clause. John Carpenter stated the Utah Legislature had an organization that would perform studies through the committee. Commissioner Dahl stated the bill was before the Utah Legislature and the committee would review all the issues with the land transfer. He stated in Nevada they would form a committee to consider how to implement it then they would draft a bill to be submitted to the Legislature for State approval. Commissioner Williams stated there was a question of constitutionality demanding the federal government to give the States the land. Commissioner Dahl stated they were gathering more support from the other states and at the same time was working to get legislation to Congress. He noted the final avenue was the Supreme Court. John Carpenter stated people inquire how they were going to pay for it. He stated the committee would have to answer those public questions. Grant Gerber stated three weeks ago he met with legislators in Montana and a bill was being drafted for Montana Legislation. He stated in 1828 the PAGE 9

10 western states (in the past) Indiana, Illinois, Missouri and Florida wrote similar bills. Grant Gerber stated approximately 50% of Nevada s budget came from the federal government and they have to convince the eastern states to transfer the public lands to the states. Grant Gerber commented Senator Goicoechea, Assemblyman Ellison, Commissioner Dahl, and former Assemblyman Carpenter started this movement within the state. Grant Gerber requested the Commission support this action and move forward with it. 11:49:39 AM: VIII. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project, the Central Nevada Regional Water Authority activities and issues. Commissioner Dahl stated there was a Central Nevada Regional Water Authority meeting scheduled on Friday in Fallon. He reported the water conference was well attended. Randy Brown stated the State of Nevada Division of Water Resources requested that the County donate their surface water to the South Fork Reservoir this year and he would be filling out those applications. 11:51:00 AM: RECESS: Chairman Williams called a recess at 11:51 a.m. 1:31:00 AM: RECONVENE: Chairman Williams reconvened the meeting at 1:30 p.m. Commissioner Russell led the meeting participants in the Pledge of Allegiance. 1:31:29 PM: IX. COMMENTS BY THE GENERAL PUBLIC: Commissioner Myers stated there was a meeting of the Wildlife Advisory Board scheduled tonight and they would take action upon a petition from a group in Southern Nevada who wanted to halt the use of dogs for bear hunting. He would sign a letter supporting the use of dogs for hunting and suggested the other Commissioners do the same. Commissioner Russell read an excerpt from the Constitution of the United States in Article X. He believed Article X was more important than the Second Amendment and transferred the rule book to Commissioner Myers to keep the traditional of reading from the Constitution on future agendas. 1:37:08 PM: X. ELKO COUNTY VETERANS DAY PARADE AWARDS: Discussion and consideration of the presentation of awards for the 2012 Veterans Day Parade. PAGE 10

11 Commissioner Williams thanked Commissioner Myers for his efforts on this event over the last eight years. Commissioner Myers stated the credit went to Michele Petty who organized the event and KELK who sets up the public announcement system. He hoped this traditional parade continued in the future even after he does not sit on this Board. He believed it was a tribute to the Veterans of the Country who served bravely for the country. Commissioner Myer noted the State VA representative Caleb Cage, was present for the parade. This year s winners are: Family Division - Judy Glasson Commercial Division - Wright Motor Company - Polaris Adult Division -V Bar L Rodeo Productions / POW & MIA Elko Awareness Assoc. Elko County thanks Delmo Andreozzi, Michele Petty, Susie Harris, KELK Radio, Elko Fire Department and all those who took part in the 2012 Veterans Day Parade. MOTION: Commissioner Myers moved to approve the presentation of awards for the 2012 Veterans Day Parade. Commissioner Dahl seconded the motion. The motion passed unanimously. Commissioner Myers presented the awards. He stated a prisoner of war was also present at the parade. 1:45:16 PM: XI. ER WARREN RUSSELL: Discussion and consideration of the presentation of a Plaque honoring Commissioner Warren Russell for his dedicated service to Elko County. Commissioner Russell has completed three four-year terms and is termed out as a County Commissioner. During his tenure he served in many positions representing Elko County including Chair of the County Commission, the County Road Commission and the Regional Transportation Commission. MOTION: Commissioner Myers moved to approve the presentation of a plaque honoring Commissioner Russell. Commissioner Dahl seconded the motion. The motion passed unanimously. The Board members and staff individually voiced appreciation to Commissioner Russell for his contribution to the Commission on behalf of the County. Commissioner Russell commented upon his relationship with each County Commissioner and staff members. John Carpenter stated Elko County had reputation of great people serving upon their commission and felt Commissioner Russell filled that mold. He commented that sometimes Commissioner Russell had a different point of view, but he was honest and appreciated his reference to the Constitution. He noted PAGE 11

12 Commissioner Russell was lucky because now he can return to teaching which was what he loves to do. He thanked him for being his friend. Sheriff Pitts went into the first budget meeting wanting everything and learned a lot from the budget meetings. He publicly thanked Commissioner Russell for his service as Commissioner. Diana Russell spoke upon Warren s efforts as a County Commissioner. She thanked them for the respect they have shown her husband and commented he was a Christian man. Robert Stokes noted a picture of his cake was upon the screen. He invited the Commission and meeting participants to share a piece of cake. 2:14:25 PM: X. ELKO COUNTY VETERANS DAY PARADE AWARDS: Discussion and consideration of the presentation of awards for the 2012 Veterans Day Parade. Family Division - Judy Glasson Judy Glasson stated she was in the parade for her brother who was killed in World War II. 2:15:17 PM: RECESS: Chairman Williams called a recess at 2:15 p.m. 2:26:51 PM: RECONVENE: Chairman Williams reconvened the meeting at 2:26 p.m. 2:27:26 PM: XII. UNR COOPERATIVE EXTENSION: Presentation and discussion on University of Nevada, Reno s budget reduction impacts to the Cooperative Extension Program in Elko County including consideration of a letter of support to restore funding as a line item in the Governor s budget. Jill Tingey stated they would receive a budget cut in July and NACO had sent a letter requesting the Governor to reinstate their budget and restore funding as a line item in the Governor s budget. She noted the University s President had proposed a shared Dean for the Cooperative Extension, the College of Agricultural/Biotechnology and Natural Resources, and the Agricultural Experimental Station. Jill Tingey stated it would take more money from their budget for the shared dean. Commissioner Dahl inquired if the NACO letter was separate from Tom Baker s letter. Robert Stokes stated the letter was from Tom Baker and it would come before the NACO Board upon their December 14 th agenda. MOTION: Commissioner Myers moved that we as a Commission sign a letter of support for Tom Baker s letter and at same time draft their own letter to be signed by all the Commissioners and sent to the Governor, NACO etc.; to highlight the items in Mr. Baker s PAGE 12

13 letter as well as the items put on the back by Jill Tingey and that we ask for 100% restoration of the funding and that the Governor putting this as one of his line budget items. Commissioner Dahl seconded the motion. Commissioner Dahl stated they recognized there had to be some budget cuts but having opportunity to look at the budget he felt there could be other opportunities to have cuts without such an impact to the program. Jill Tingey stated over the years they have lost 11 million dollars and with this cut it would be 69% in budget cuts. Commissioner Williams commented that they could not cut any organization at this level and expect them to continue to provide adequate services. Commissioner Myers suggested in their letter that they identify things beneficial to Elko County under this program. Commissioner Dahl commented this program was also beneficial to Clark County. Jill Tingey stated they had 19 offices statewide. The motion passed unanimously. 2:37:14 PM: XIII. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the continuing operation of the County Library. Library Board Minutes and Law Library Board Minutes were submitted previously for the Board s review. Jeanette Hammons, Library Director, reported that in October the Elko Fire Fighters conducted fire safety story times for 165 children participating; the fall scholastic book fair was held; the family Halloween story time had 177 participants, and 312 participants appeared in Halloween costumes for the annual event. Jeanette Hammons stated the Carlin Branch grand opening was rescheduled until after the first of the year. Jeanette Hammons stated the Library had a White Table Display in honor of the Veterans. She noted people not associated with the military were unaware of what the Veterans and their families went through. She read a portion from the White Table Book donated to the library by the VFW and voiced appreciation to the VFW for their support of the Library. Jeanette Hammons stated the Elko Library participated in the Nevada Snapshot Day and the patrons borrowed or used materials for informational purposes at the retail value of $12, She stated during the Nevada Library Association annual conference Laura Oki was recognized for her 36 years of commitment, service and advocacy of libraries across the State. Jeanette Hammons stated they were starting their annual gingerbread contest and were accepting entries through the 8 th of December. She commented there were 66 PAGE 13

14 participants decorating the tree in the Children s Department. They were in their second month of food for fines, were partnering with the Elko Senior Center and in November they donated over 200 pounds of food. She stated December 20 th would be the next delivery. Jeannette Hammons reported they received $5,525 in Collection Development Funds which would be utilized for download materials. She noted the companies had increased the fees for download materials for libraries. She stated Sat View would provide the Library with free television service. Jeannette Hammons reported the sugar plum tree was ready and there were presently 201 applicants on the tree. She stated the festival of trees story time was seventeen sessions with approximately 1,000 participants. The Board members commented upon their use of the library. 2:48:35 PM: XIV. OIL AND GAS MINERAL LEASE REQUEST ON COUNTY TRUSTEE PROPERTY: Discussion and consideration of RESOLUTION No that amends RESOLUTION No , A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS FINDING IT IN THE BEST INTERESTS OF THE COUNTY TO LEASE MINERAL RIGHTS OF COUNTY AND/OR TREASURER TRUST COUNTY HELD PROPERTY TO THE HIGHEST BIDDER FOR THE PURPOSES OF EXPLORATION FOR AND PRODUCTION OF OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES OR GEOTHERMAL RESOURCES PURSUANT TO NEVADA REVISED STATUTES, including issues related to the mineral lease. A Legal Opinion was submitted. Cash Minor stated there was an amendment to the prior Resolution and reviewed the amendments. MOTION: Commissioner Myers moved to adopt RESOLUTION No that amends RESOLUTION No , A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS FINDING IT IN THE BEST INTERESTS OF THE COUNTY TO LEASE MINERAL RIGHTS OF COUNTY AND/OR TREASURER TRUST COUNTY HELD PROPERTY TO THE HIGHEST BIDDER FOR THE PURPOSES OF EXPLORATION FOR AND PRODUCTION OF OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES OR GEOTHERMAL RESOURCES PURSUANT TO NEVADA REVISED STATUTES. Commissioner Russell seconded the motion. Chairman Williams called for public comment, no comment was submitted. The motion passed unanimously. 3:50:38 PM: XV. DEPARTMENT OF ENERGY (DOE) NEVADA SITE SPECIFIC ADVISORY BOARD: PAGE 14

15 Discussion and consideration of the appointment of an Elko County liaison to the DOE - Nevada Site Specific Advisory Board as requested by DOE since low level nuclear waste is transported through Elko County from time to time. Commissioner Dahl received a letter asking that he be a liaison for Elko County. He stated a week ago he had joined the meeting by telephone and was told there were monthly meetings in Las Vegas or Pahrump on the third Wednesday. He stated they were monitoring wells in Nye County for groundwater pollution. He suggested Commissioner Myers be the liaison. MOTION: Commissioner Guttry moved to appoint Commissioner Myers as the Elko County liaison to the DOE - Nevada Site Specific Advisory Board. Commissioner Dahl seconded the motion. Chairman Williams called for public comment, no comment was submitted. The motion passed unanimously. 2:54:14 PM: XVI. ELKO COUNTY PLANNING AND ZONING: A. Parcel Map Road Dedication Request Discussion and consideration of approval of a Parcel Map Road Dedication Request for Jordanelle Third Mortgage, LLC of a roadway (Hamilton Stage Road and Hamilton Creek Trail) located in Section 28, T34N, R55E. Randy Brown stated this road was under construction and would be offered for dedication for public purposes but not for maintenance. He stated it met all local and state statutes. Randy Brown stated there would be 13 parcel maps involved with this development and Jordanelle had offered a.700 acre for public purposes. He stated staff recommends approval for this and the road dedication for public use but not for maintenance. Randy Brown stated they were working upon a bonding agreement for pavement on sections of this road. MOTION: Commissioner Dahl moved for approval of a Parcel Map Road Dedication Request for Jordanelle Third Mortgage, LLC of a roadway (Hamilton Stage Road and Hamilton Creek Trail) located in Section 28, T34N, R55E. for public access but not for maintenance. Commissioner Myers seconded the motion. Chairman Williams called for public comment, no comment was submitted. The motion passed unanimously. B. Parcel Dedication to Elko County Discussion and consideration of approval of the dedication to Elko County of a acre parcel by Jordanelle Third Mortgage, LLC located in Section 28, T34N, R55E. PAGE 15

16 Randy Brown displayed the portion of land located along Hamilton Stage route offered for public use such as park, etc., he noted it was within a flood plain area. He stated staff recommends approval for public purposes. MOTION: Commissioner Russell moved to approve of the dedication to Elko County of a acre parcel by Jordanelle Third Mortgage, LLC located in Section 28, T34N, R55E. Commissioner Dahl seconded the motion. Chairman Williams called for public comment no comment was submitted. The motion passed unanimously. 2:58:45 PM: Commissioners Williams and Dahl recused themselves from this agenda item due to conflicts of interest. Vice Chairman Guttry assumed control of the meeting. 3:00:00 PM: XVII. ELKO COUNTY OWNED PROPERTY LEASE: County Property Lease Request Acceptance of Public Bids: In accordance with Notice and Resolution , conduct a public process to accept sealed written and oral bids to award the lease of certain County property described as in a portion of the South ½ of Section 11 and the North ½ of Section 14, T.33N., R.56E., M.D.B.& M. (APN ) - - approximately 10 acres of a 30 acre public parcel commonly known as the former Spring Creek Landfill site for the purpose of an employee park and ride lot facility. This property is located in Spring Creek. Resolution with a description of the property to be leased, minimum pricing and terms was approved on November 7, 2012 and posted and published for 3 consecutive weeks. Robert Stokes had received one sealed bid and a letter from Barrick Mining stating, if necessary, they would like to orally bid. There were no other written submissions. Robert Stokes opened the sealed bid from Barrick for 10 acres of the 30 acre parcel commonly known as the Spring Creek landfill in the amount of $ per month and reserves the right to bid orally. Vice Chairman Guttry called for public comment. Vice-Chairman Guttry stated they had received a letter from Mrs. Rhonda Morfin of Spring Creek which had some concerns whether this was a temporary condition for 10 years. She was concerned it may be moved to the 15 acre industrial site next to a child care facility. Katie Neddenriep, Barrick Gold of North America, stated this would be for an initial ten year period presuming their development reached that point within that time frame. She stated they were working on an MOU that if development was not ready to develop the park then there would be an extended utilization of PAGE 16

17 that area. She stated the conversation was to move the parking lot down by the highway rather than by the school. Commissioner Russell had received an interesting letter calling him a flip flopper. Commissioner Myers inquired what the length of time for this lease was. Kristin McQueary stated for five years with an option of five years. MOTION: Commissioner Myers moved to approve the lease between Elko County and Barrick Gold North America for 10 acres for $950 per month for five years with a five year option. Commissioner Russell seconded the motion. Vice-Chairman Guttry called for public comment, no comment submitted. The motion passed unanimously. Chairman Williams assumed control of the meeting 3:05:46 PM: XVIII COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG): In accordance with Notice , conduct a Public Hearing for the purpose of obtaining the views of citizens and staff regarding the types of projects to submit for a funding application to the 2013 Community Development Block Grant Program. The County Commission may rank projects at this meeting to submit to the State CDBG Program. Lynn Forsberg reported they held their first public meeting a week ago and they had submitted a list to the Commissioners of their recommendations. He recommended the Montello water tank as the priority because it would enhance the domestic water storage for the town. The second recommendation was the solar street lighting in Jackpot to match NDOT funding and light the entire street. Lynn Forsberg reported NDOT had already committed $199,000 to the lighting project and was doing the planning for the project. Commissioner Russell stated he would not be voting because it was federally funded and outside the scope of federal funding. Lynn Forsberg gave an overview of the remaining projects: the Jackpot drainage plan and the Montello drainage plan project. Robert Stokes noted NDOT was looking to do some routine maintenance items to address the Montello drainage problems. Lynn Forsberg stated NDOT had not cleaned out the culverts. Commissioner Williams clarified this would be in addition to normal maintenance. The Board members discussed the funding source, the federal mandates, the funding received in lieu of taxes and the funding sent to Washington D.C. Lynn Forsberg reviewed the beneficial projects completed in the past with CDBG funding. PAGE 17

18 Commissioner Myers reviewed the present County budgeting process and budget limitations. Lynn Forsberg stated the Montello water tank was a priority because they need to take the present tank out of service because the paint was falling from the roof of that tank. MOTION: Commissioner Myers moved that they approve the recommendations from the Community Development Department to submit CDBG grant applications for the following: 1) Montello water tank replacement in the estimated amount of $320,000 including engineering; and 2) the solar lighting in Jackpot which NDOT will match funds. Commissioner Dahl seconded the motion. Commissioners Dahl, Myers and Williams voted aye. Commissioners Russell and Guttry voted nay. The motion passed by a 3 to 2 majority vote. Commissioner Dahl stated one of the arguments for the transfer of the public lands back to the states was it would not cost the eastern people anything to take care of the people in the west if they have their own land and resources. 3:29:51 PM: Chairman Williams called the Jackpot Town Board to order at 3:29 p.m. XIX. TOWN OF JACKPOT: Jackpot Airport Layout Plan: Discussion and consideration of the authorization to request FAA Grant funding for an update to the Airport Layout Plan (ALP) as required by the FAA. Lynn Forsberg stated their plan was to be reviewed every fifth year and FAA requested an update to their layout plan. He stated the FAA would fund the update. Commissioner Guttry noted it was 95% federally funded. Lynn Forsberg stated in the future they would like to upgrade some of the systems and they could not go forward without funding for that. Commissioner Guttry stated FAA funding came from air transport user fees. MOTION: Commissioner Myers moved to authorize the request for an FAA Grant funding for an update to the Airport Layout Plan. Commissioner Guttry seconded the motion. Chairman Williams called for public comment, no comment was submitted. Commissioners Myers, Guttry, Dahl and Williams voted aye. Commissioner Russell voted nay. The motion passed by majority 4-1 vote. ADJOURNMENT OF JACKPOT TOWN BOARD: Chairman Williams adjourned the Jackpot Town Board at 3:35 p.m. 3:36:13 PM RECESS Chairman Williams called a recess at 3:36 p.m. PAGE 18

19 3:52:49 PM RECONVENE: Chairman Williams reconvened the meeting at 3:52 p.m. 3:53:44 PM: XXII. COMMISSION CALENDAR: January 7, 2013 Commission Organizational Meeting -- Nannini Admin Bldg, Suite 102 9:00 a.m. January 9 & 10, 2013 Nannini Admin Bldg, Suite 102 1:30 p.m. January 23, 2013 Nannini Admin Bldg., Suite 102 1:30 p.m. February 6 & 7, Nannini Admin Bldg, Suite 102 1:30 p.m. MOTION: Commissioner Dahl moved to approve the Commission Calendar. Commissioner Myers seconded the motion. Chairman Williams called for public comment, no comment was submitted. The motion passed unanimously. 3:54:00 PM: XXIII. CONSENT AGENDA: A. Presentation and review of claims for approval B. Approval of Minutes: September 6, 2012, September 19, 2012 October 3, 2012, and October 4, 2012 MOTION: Commissioner Dahl moved to approve the Consent Agenda. Commissioner Myers seconded the motion. Chairman Williams called for public comment, no comment was submitted. The motion passed unanimously. 3:55:54 PM: XXI. COMMISSION AND COMMITTEE REPORTS: Reports from Commission members regarding various committee, liaison or agency issues. A. Demar Dahl, District 1 Commissioner Central Nevada Regional Water Authority (CNRWA) He stated they had a presentation from Mike Dunbar from San Diego on desalination at their conference two weeks ago. He stated there were environmental regulations which could become involved and Mike Dunbar felt they lost their opportunity when they were discussing water allocation with Mexico. He stated there would be another CNRWA meeting this Friday. Humboldt River Water Basin Authority - He stated they met two weeks ago and they reviewed the water applications. Elko County Conservation Districts Liaison He stated some of the conservation districts had signed on to the Elko County Plan for the sage grouse. Western Counties Alliance He noted there was a meeting scheduled for the 13 th of December. Nevada Association of Counties (NACO) Board He stated they held their annual board meeting on November 14, :02:45 PM: PAGE 19

20 XX. ELKO COUNTY CODE: A. Gas Tax Increase Ordinance Gas Tax Increase Proposal In accordance with Notice and NRS 244 conduct a Public Hearing and second reading of a revision to County Code Section , Ordinance , entitled, AN ORDINANCE RAISING THE ELKO COUNTY MOTOR VEHICLE FUEL TAX ELKO COUNTY CODE SECTION , FROM SIX AND ONE-HALF CENTS ($.065) PER GALLON TO A TOTAL OF NINE CENTS ($.09) PER GALLON, AND ALL OTHER MATTERS PROPERLY RELATED THERETO, that includes provisions to increase the gas tax by 2 ½ cents. Correspondence received as follows: Road Services Letter, Spring Creek Letter, Elko Letter, Rice Letter, Mitchel Letter, and the Quilici Letter. Commissioner Williams stated there were lots of meetings held on this subject. He requested that when the public spoke they comment upon the agenda item as it was written. Commissioner Williams noted the County s infrastructure had cost millions and millions of dollars. He stated they have to perform preventive maintenance to sustain that infrastructure because if they let those roads fall in despair then it would cost more in the future and they may have to borrow money to repair that infrastructure. He stated they need to consider funding to maintain those roads. Commissioner Williams had heard public argument mostly against all taxes in general rather than the gas tax. He noted over the last ten or twelve years gas tax was flat and had decreased within the last few years. He noted costs were escalating and the County was facing the same with fuel, labor and materials. He noted the County could not sustain maintenance of those roads without future revenues. Commissioner Williams stated previously the County had set aside funding for preventive maintenance each year but since the revenues had not increased they had siphoned that money off for general maintenance. He commented only $50,000 was put into gravel in 2012 and that was not sustainable for preventive maintenance. Commissioner Williams noted if a family traveled 12,000 miles per year and get 25 miles per gallon with their vehicles, it would cost $0.23 cents per week or $12.00 per year. He stated the additional gas tax was needed to sustain the general maintenance. Commissioner Williams had requested the matter to be tabled to December to allow the public to submit suggestions. He noted the public became aware of the challenges that the County faces to keep the roads maintained. He commented this gas tax would go not only to the County but also to the entities within the County. He stated Brad Roberts had suggested they allocate this funding for preventive maintenance or put it out for competitive PAGE 20

21 bidding. He would make that recommendation next year to the Highway Board. Chairman Williams stated the County Commissioners represent all the people of the County and he was convinced they need to raise the gas tax to take care of the County roads. Commissioner Williams reported they had received letters opposing the gas tax from Marla Criss, Candace Wines, Joe Quilici, and Charlene Mitchel. He stated the Government Affairs Committee of the Chamber of Commerce, City of Elko, John Patrick Rice, and the Elko County Road Advisory Committee had submitted letters supporting the gas tax increase. He stated Spring Creek Association s letter did not oppose the tax and stated they felt it had merit. Commissioner Williams stated many people had spoken to him about this tax issue and Dr. Gallagher voiced support of the gas tax. He believed he was representing the people of the County and preferred passing on to the future generations, roads in good condition rather than go into debt to repair the roads. Commissioner Russell reviewed the previous arguments. He stated they have looked at the opportunity to reduce maintenance upon certain roads, looked at reducing subsidies to other entities, looked at reallocation of budget from other departments, and at this point in time that was not acceptable to most of the people of the County or to the Commission members. He stated some surveys went out to members of Elko County and the main issue was water. He stated they received a letter that the County should live within its means. Commissioner Russell commented they were running on the same amount of funding they had received ten or twelve years ago so they have changed the effectiveness of the road department and there were improvements. He stated during that ten or twelve years the costs have also risen so the department was doing a better job for Elko County because they were doing the same service on most of the roads. Commissioner Russell stated if they were willing to allocate the $400,000 to $500,000 from the general budget he would vote against the gas tax but that funding would have to come from other departments providing other services. He stated they would have to look at bonding issues in the future for the roads if they cannot come up with revenues. He stated health, safety and roads were important to the County. Commissioner Myers stated this was a passionate issue and this was a conservative board. He commented they had raised the gas tax three or four years ago but the vehicle fuel mileage had increased so the gas tax revenue had declined. He stated they did not want to intentionally raise the taxes and he was concerned about the fiscal condition of the nation. Commissioner Myers agreed with the recommendation of using the money upon preventive maintenance or private contracting. PAGE 21