Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. September 7, 2016 The Board of Elko County Commissioners met in regular session on Wednesday, September 7, 2016, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Glen Guttry Delmo Andreozzi Demar Dahl ABSENT Cliff Eklund Rex Steninger County Manager Robert Stokes CFO/Asst. County Mgr. Cash Minor NRMAC/Asst. Mgr. Randy Brown Interim District Attorney Kristin McQueary Deputy District Attorney Curtis Moore Deputy Clerk Marilyn Tipton Sheriff James Pitts Interim Library Director Kassie Antonucci Elko Transit Coordinator Abigail Wheeler 1:30:00 PM: A. CALL TO ORDER: Chairman Guttry called the meeting to order at 1:30 p.m. He noted for the record that Commissioner Cliff Eklund was not present. 1:30:26 PM: B. PLEDGE OF ALLEGIANCE: Commissioner Andreozzi led the meeting participants in the Pledge of Allegiance. PAGE 1

2 1:31:00 PM: C. COMMENTS BY THE GENERAL PUBLIC: Teresita Teri Garcia-Limberg stated she ran and biked behind her house near Mountain City Highway towards north Fifth Street on County roads. She stated over the last few years she had encountered aggressive dogs. Teri Garcia-Limberg noted according to the Elko County Sheriff s Department the animal at large section of Elko County Code does not apply or pertain to that area. She would come back to a future Commission meeting to ask for their consideration of expanding the animal control district to that area so that people could run and ride their bikes without fear of being chased or attacked by dogs. 1:31:32 PM: D. ELKO COUNTY AMBULANCE SERVICE: D.1. Discussion and consideration of a Plaque of Appreciation to recognize Chris McHan for his service as Acting Director of the Elko County Ambulance Service. Chairman Guttry stated Chris McHan and his wife were in the process of having a baby so they will table this and get the plaque to him at a more convenient time. 1:32:07 PM: E. NEVADAWORKS: E.1. Discussion and consideration of the approval of the amended Cooperative Agreement for the Creation of Nevadaworks. The agreement was previously approved by the Elko County Commission on March 16, 2016, but after a review by the Attorney General's Office, a few updates were made to the agreement. Elko County joined the other twelve rural counties in 1999 to form Nevadaworks which provides workforce development services such as education, training and support services. In 2014, Congress reauthorized the Workforce Investment Act which requires the County to consider approval of an updated amendment to the 1999 Nevadaworks agreement. John Thurman, Nevada Works Director, stated he was present in March before the County Commission with this item but when it went to the Attorney General s Office for signature there were amendments (#18) added. He inquired if they had any questions about the amendments. MOTION: Commissioner Steninger moved to approve the amended Cooperative Agreement for the Creation of Nevadaworks. Commissioner Dahl seconded the motion. The motion passed unanimously. PAGE 2

3 1:33:32 PM: F. ELKO COUNTY DISTRICT ATTORNEY'S OFFICE: F.1. Discussion and consideration of the appointment process to replace the late Mark Torvinen, Elko County District Attorney, including Letters of Interest, applications and resumes. Additionally, discussion of Nevada Statutory requirements including residency, State Bar, voter registration and deadlines. Curtis Moore assumed role of County Commission legal adviser at 1:33 p.m. Ms. McQueary sat with the meeting participants. Robert Stokes noted in the packets which were passed out earlier to the Commission was the information typically submitted to the Board when they had an appointment process. He noted those were County Commissioner vacancies and the appointments were made by the Governor. Robert Stokes stated the person selected would serve the remainder of the term to January 7, 2019, and the annual salary was the budgeted salary. He noted it was a public process and the minimum requirements were within the Nevada Revised Statutes. He gave a review of those minimum requirements. Robert Stokes stated the County Commission was under a sixty day time frame to make the appointment of the District Attorney. He stated their package contained the process they should follow pursuant to NRS and suggested verbiage/questions which should be asked of all the District Attorney candidates. He gave an overview of the public review process, the publication process, the internal review process and the introduction of the candidates to the Commission. Robert Stokes stated the decision would be an October 5 th agenda item. Chairman Guttry noted the position was a partisan position. Robert Stokes noted they would use Curtis Moore in this candidate process as their legal advisor because Kristin may apply so they separated her from that process. He noted in the appointment of a County Commissioner it was a requirement to follow the party. He believed the County Commission could say if it was a requirement in the selection of this appointment. Chairman Guttry recommended that the candidates be a registered Republican since Mark Torvinen ran as a Republican candidate and was elected. Robert Stokes stated that was not a statutory requirement. Commissioner Andreozzi noted the Commission can establish qualifications but did the Manager s Office certify that each candidate meets all the requirements. Robert Stokes replied his office would do that internal housekeeping item by contacting the State Bar to ascertain the candidate s legal standing and contact the Clerk s Office as to voter verification. Commissioner Andreozzi did not believe they should expose those questions to the public in advance. PAGE 3

4 Robert Stokes had submitted the suggested verbiage to the Commissioners previously. Commissioner Andreozzi recommended that each Commissioner submit a question to the County Manager and the Manager would make sure that they do not have duplication. Kristin McQueary suggested that they change the questions because Michele had passed out some of that information before the meeting and she had glanced at them. Commissioner Steninger suggested those questions be removed because he believed those questions were also posted with the agenda on the County website. Commissioner Dahl believed not all questions should be taken off and there were a few that should be asked. He believed the applicants would be able to anticipate their questions. MOTION: Commissioner Andreozzi moved that we fill the vacation District Attorney s position as outlined in our Board packet today. He stated each Commissioner would submit one question to the County Manager s Office for inclusion in our October meeting and to certify that there were no repeat questions. Commissioner Guttry inquired if he wanted to include the partisan as part of the candidate qualifications. Commissioner Andreozzi stated he was neutral on that but if the Board felt that was important and if it was a partisan position they knew Mark was a Republican, then he would amend his motion to include the additional qualification; that being said the applicant must be a registered republican. Curtis Moore had not reviewed the statutes but he had heartburn that that may become a Commissioner requirement since it was not part of the statute requirements. He stated it was a partisan position but the statutes do not make that an applicant requirement. He stated the Commission was within their rights to discuss and consider that but making that a minimum requirement might be over the line. He would research that further. Lori Gilbert, KELK Radio, noted there was an Assembly Bill 320 dated March 16, She stated it was important to use discretion if they were going to contain those applicants. Lori Gilbert questioned if AB 320 passed and if the office was non-partisan. She noted the County commission was a partisan position. Commissioner Steninger stated if the position was a partisan position on the ballot then they should honor that. PAGE 4

5 Commissioner Andreozzi further amended his motion to move that his motion was based upon the condition that it is a finding of the District Attorney s Office the determination of whether or not this position was a partisan position or a non-partisan position and it was subject to that finding. Curtis Moore stated AB 320 did not appear to have passed. Lori Gilbert requested clarification if partisan would be a qualification for the position. Commissioner Steninger stated they were requesting clarification if it was a partisan position. If it was a partisan position, they would request candidates be registered republicans. Curtis Moore stated it was a partisan position. Commissioner Dahl seconded the motion. Commissioner Steninger questioned the Commission s ability to be objective in this selection since they had worked closely with Kristin McQueary. He believed they should be prepared for the possibility of a tough choice. Curtis Moore read NRS 281(a).420 into the record with regards to conflict of interest. Robert Stokes stated the Commission had 60 days from the date of the appointment of the date of the vacancy so they were looking at mid-october. Curtis Moore stated the 60 days was from the date the Interim was appointed. The motion was passed unanimously. 1:54:04 PM: Kristin McQueary resumed as legal counsel for the Board at 1:54 p.m. G. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: G.1. Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Kassie Antonucci, Interim Library Director, reported during the month of August they had 20 youth programs with 160 participants, 6 volunteer hours, 315 sessions on the Early Literacy Computers, there were 18,365 visitors to the library with a total of 19,157 items being circulated. She noted there were 1,674 computer sessions and the meeting room was used 18 times with 334 attendees. Kassie Antonucci stated the branches reported 2,890 patrons visiting with a circulation of 4,530 items and the internet usage was 1,129 sessions. She stated there was a television production company from the United Kingdom visiting the West Wendover Library Branch to film an educational documentary where their presenter tried to beat the land speed record for the Bonneville Salt Flats. Kassie Antonucci stated last week they held a dedication ceremony for their holocaust resource collection and it was well attended which was part of the PAGE 5

6 Governor s Advisory Council on education leading to the holocaust. Kassie Antonucci stated with regards to the Library Director position the Library Board met but they did not have a good round of advertisements with four candidates chosen to interview. She noted three candidates withdrew so the Board decided to reopen that position and would start advertising next Friday and the application deadline would be October 14, She commented POOL/PACT would do the background checks on the candidates and interviews would be scheduled in the last week of November or the first week in December. 1:57:19 PM: H. ELKO COUNTY SHERIFF'S OFFICE: H.1. Report of activities related to the operations and activities of the Elko County Sheriff s Office. Sheriff James Pitts stated they were at 17% of the budget year and the operations side and the jail side had spent 14% of their budgets. He reported there were 15,750 activities last month, they wrote 480 reports, did 19 felony arrests, 32 misdemeanor arrests, 6 DUIs, 6 drug arrests, 143 agency assists, 364 traffic stops, wrote 112 citations, and answered 46 dog calls. Sheriff Pitts reported the rural deputy had 1,517 activities, wrote 4 reports, had no arrests, did 17 traffic stops, issued 1 citation and had 2 animal calls. He noted there was no report from the School Resource Officers because school was out. He reported the detectives had 495 hours of investigation, 28 was administration hours, 10 hours to assist other agencies and 2 hours to assist patrol, and 15 hours of training. Sheriff Pitts stated the detectives have 246 active cases and 564 inactive cases; they opened 37 and closed 25 cases. He reported a body was found up along Mountain City Highway on Monday and the detectives were working that case. He reported the jail population was 172 with 44 females and 128 males; there were 226 bookings. Sheriff Pitts stated they did 63 CCWs and 41 out-of-state CCWs; registered 12 ex-felons, took 131 prints, registered 9 sex offenders and issued 8 work cards for a total of 264 prints for the month. He reported 1,043 customers through the front door; they served 390 civil documents with 1170 attempts and served 115 warrants. Sheriff Pitts reported VIP worked 78 hours volunteer time making a total of 583 hours this year. He commented they have two new people in the VIP program. He stated the reserves did 31 hours of patrol and 36 hours in detention time. He commented they were two weeks up in Lamoille doing search and rescue with over 50 people on the mountain at a time. Sheriff Pitts stated the Cadets worked the National Night Out and there were close to 2,000 people attending. He commented the cadets helped in the food booth and the reserves helped with security at the Fair. Sheriff Pitts reported on the booking fees and indigent funds they have collected PAGE 6

7 $102, and of that amount $59, was paid back to the Indigent Fund. Sheriff Pitts stated their department spent $23,000 on the back lot fence. He noted $17,000 was refunded to the people found not guilty and found indigent. He commented $280,000 had been collected since they began this program and they did quarterly reimbursements if found not guilty. Commissioner Steninger inquired about the leash law with regards to the woman who gave public comment about the dogs at large. Sheriff Pitts the leash law only pertains to Spring Creek, Wells, Ryndon and Montello. He noted she wants to get a leash law in the area up north Fifth Street because the Sheriff s Office cannot cite the dog s owners in that area. Commissioner Andreozzi stated he was up in Jarbidge over the weekend and noted there was a lot of hunting activity. He noted there were a lot of people on ATVs and those types of transportation. He commented there were people with dual sports motorcycles that were doing cross country tours. He stated one person he spoke with was from Australia who had flown his bike in to Canada and was going to San Francisco by way of Jarbidge. Commissioner Andreozzi commented there were a couple of missing persons up there which were found and commended the Sheriff s Department. Sheriff Pitts stated the rural Deputies Aitor, Moore and Munson had been working that area. He stated Aitor had also been working on the horse incident outside of Wells with the Department of Agriculture. He noted they would meet with J.J. Goicoechea tomorrow. Commissioner Guttry inquired if there had been any results. Sheriff Pitts stated the horses were not shot they died of dehydration. He commented the pump was not working and was shut off. Sheriff Pitts believed the fences were cut to help the horses out to water. He noted it was a solar pump but the breaker was thrown and the pump was not destroyed. Commissioner Dahl inquired if the fences were cut to allow the horses to get to water. Sheriff Pitts stated there was about 100 head on the other property that had gotten out so it appeared that they cut the fence and wired the fence back so the horses would not get cut. Commissioner Dahl noted it stated in the media that vandals had cut the fence. Sheriff Pitts stated they will have more information tomorrow. Sheriff Pitts stated Washoe was doing the autopsy on the body found along the Mountain City Highway. He stated she had not been identified yet. Harry Botsford commended the Sheriff s Department on the heavy duty search and rescue efforts put forth with no accidents. 2:10:24 PM: PAGE 7

8 I. GET MY RIDE, ELKO AREA TRANSIT: I.1. Human Service Transportation MOU Amendment: Discussion and consideration of amending the contract with MV Transportation, Inc. for the Human Services Transportation Memorandum of Understanding. Abby Wheeler, Elko Transit Coordinator, stated this was the standard contract with no big changes. MOTION: Commissioner Andreozzi moved to amend the contract with MV Transportation, Inc. for the Human Services Transportation Memorandum of Understanding MV Commissioner Steninger seconded the motion. Abby Wheeler clarified that it should be corrected to 2016 because it would be for this year into the next year. Commissioner Andreozzi amended his motion to say The motion passed unanimously. I "All Inclusive Operation and Vehicle Maintenance and Materials Service for Public Transportation" Annual Amendment. Discussion and consideration of amendment to current contract with MV Transportation, Inc. for the operation of the transit program and vehicle maintenance coordination. Abby Wheeler stated this was an extension of the contract based upon the RFP. MOTION: Commissioner Dahl moved to approve the amendment extension from 2016 to 2017 to current contract with MV Transportation, Inc. for the operation of the transit program and vehicle maintenance coordination. Commissioner Steninger seconded the motion. The motion passed unanimously. 2:12:50 PM: J. SPRING CREEK ASSOCIATION: J.1. Update report and discussion of issues, actions and activities of the Spring Creek Association by Jessie Bahr, Spring Creek Association President. Jessie Bahr, SCA President, expressed their appreciation to everyone that helped with the search in Lamoille. She reported the Association would be maintaining the areas around the Post Office Boxes for the Association. Jessie Bahr noted the community center should be completed in December and they would move the Association s offices there. There would be a new restaurant and they would hold community events in the center. Jessie Bahr reported they were doing two studies; one was the Horse Palace design study where they have had deferred maintenance for many years so they were doing a structural PAGE 8

9 evaluation. They were considering making it a multipurpose facility similar to the Winnemucca facility. Jessie Bahr cautioned this was not a renovation plan if anything the study would concentrate upon the insulation, lighting and heating. She noted the second study was a municipality review with alternate analysis, feasibility report, and special district formation services study which was approved by their Board last month. She stated they were looking to have a final draft of that plan in January to give them the option as to continue as a HOA, etc. She noted they were one of the largest HOA in the country with 15,000 residents and 150 miles of roads to maintain. Jessie Bahr stated the Community of Architecture had reviewed all of their rules. She noted a lot has changed including noxious weeds, ATV monitoring, and the animals running at large issues. She stated they were changing their nuisance rule to address the animals running at large. Commissioner Guttry assumed the ATV problem was getting worse with people driving them around as cars. Jessie Bahr stated she had heard both sides and both sides had validity. She noted that there were some younger kids on the road with no helmets and no drivers license. She stated in their survey the residents would like to see ATVs allowed on the roads but there has to be a process to maintain and manage the usage. Jessie Bahr stated they would be back to speak to the Commission on that process. She noted the enforcement of ATVs on the roads would be through the Sheriff but if they were on their private property then the Association could step in and do something about it. Jessie Bahr reported their biggest calls were on animals and ATVs. Commissioner Guttry inquired if a person has an ATV that has lights and could be licensed to drive on a highway could they drive in the Association. Jessie Bahr stated based upon the County ATV plan ATVs were not allowed on any Spring Creek Roads. She stated if they open that up to ATVs they have to make sure they have strict rules and can manage usage. Randy Brown agreed Spring Creek was excluded in the ATV Ordinance at their request. He would be happy to work with Jessie if they want to make amendments. Jessie Bahr stated the County gives the Association RTC funds for road maintenance. She reported they completed their chip sealing project and spent more than $100,000 this year than they have in the past because there was so much damage due to deterioration. Jessie Bahr commented road work still needs to happen. She met with NDOW, the Co-op, the National Conservation Services, the Association members to discuss noxious weed management. Jessie Bahr stated the SCA Committee of Architect was changing some of the PAGE 9

10 rules on weeds. She stated as a group they would come back to talk to the County about a County-wide plan in the fall. Jessie Bahr stated at the end of the month they would hold a community meeting to let the residents know the results of their survey to form a general plan. She stated water was the most important issue for the Association residents. Jessie Bahr stated they had met with Assemblyman John Ellison two weeks ago about possible legislative changes. Commissioner Guttry inquired if a lot of people had cut their water because they were seeing brown lawns. Jessie Bahr replied yes and it was a real concern with the residents with regards to being a fire hazard and there was concern with the position of the hydrants in relation to the housing. She stated when the community center was built they would sell the old SCA building and demolish the old building at the golf course. They hoped to hold events in the community center to help pay for itself. Commissioner Guttry inquired how they collect their dues, if it was based upon property evaluation. Jessie Bahr replied everyone was assessed the same and it was $600 per year. She commented the Association maintains the roads but if they become a city or town then the taxes could be more. Jessie Bahr hoped they could communicate better with the SCA residents to inform them what they got for that assessment. Commissioner Steninger stated he did not see the problem with ATVs when he drove through. Jessie Bahr stated it was mostly on the green belts and some on the roads. She noted they could not do anything on the roads but they could do something with the green belts. She heard them on the horse trails at night. 2:25:09 PM: K. ELKO COUNTY NATURAL RESOURCES: K.1. Discussion and consideration of the State of Nevada Legislative Commission s Subcommittee to Study Water agenda item titled State Engineer Recommendation on Domestic Wells. K.2. Discussion and consideration of proposed changes to NRS concerning Domestic Wells and other issues discussed and considered during the State of Nevada Legislative Commission s Subcommittee to Study Water meeting held August 26, Randy Brown stated everything coming from the meeting were proposals to develop BDRs for next session. He stated domestic wells were the topic of most concern and there was four and one-half hours of testimony on that. Randy Brown stated initially it was thought the State wanted to curtail or eliminate domestic wells but the realization was, in NRS 534, it allows the State Engineer, PAGE 10

11 during curtailment without limitation, to restrict all wells. Randy Brown stated the State Engineer was trying to protect a certain amount of usage from those wells because they were junior to senior water rights. It stated any time there was curtailment of water in a basin designated a Critical Management Area then the State statute allows for complete domestic stoppage. Randy Brown stated after that discussion there were proposals 2A and 2B. He stated the State Engineer was proposing a change in NRS with alternate requests for the drafting of a bill to provide, at times of curtailment by the Office of the State Engineer, withdrawals from the domestic wells except for outside use. Randy Brown stated indoor use would be protected and a certain amount of outdoor use would be protected for those specific uses such as pets and livestock. He noted the State Engineer proposal was recommending protection for domestic wells during time of curtailment. Randy Brown explained a senior water right was a certificated or permitted use and domestic water well was a basic right of use with no certification. He noted domestic water wells were only added to the state statutes nine years ago as being recognized as a source of use. Randy Brown stated a lot of people believed it would be an improvement of the State statute. He noted currently the State Engineer could regulate the wells during curtailment without limitation including domestic. Commissioner Guttry stated in the Pahrump Valley they were over appropriated with just domestic wells. Randy Brown commented there were 11,000 wells in that basin. He stated the second recommendation was a consideration to provide in severely over appropriated basins and designated Critical Management Areas; the office of the State Engineer may limit withdrawals from new domestic wells to 0.5 acre feet annually. He stated according to the proponent this restriction would be applicable to only new domestic wells. Randy Brown stated they had discussed the definition of a new well. He noted a new well was defined in the State statute as not being maintenance of a well, not deepening of a well but actually sinking of a new hole in the ground to appropriate water. Randy Brown stated the suggestion came from Nye County due to the situation in Pahrump Valley. He noted the State Engineer had metered some of the domestic wells in that valley and found they were only using 600 gallons per day. He believed it was also an effort in the conservation value. Randy Brown noted he had a domestic well and had landscaped around his home accordingly with the knowledge he had 2 acre feet of water. He stated the 0.5 acre feet for a new well would encourage development of conservation methods and measurers. He believed the bills would see a lot of opposition. PAGE 11

12 Commissioner Guttry inquired how they could allow any new wells in a Critical Management Area that was severely over appropriated. Randy Brown explained there were only two areas that the State Engineer reviews as a subdivision and it was a subdivision over five parcels and anything as a division of land in large parcels. He commented parcel maps were not normally reviewed by the State Engineer unless a basin had been designated that they had to have over 2 acre feet of water per parcel to be allowed to subdivide. Randy Brown stated that has happened in the Elko Segment and the Ten-Mile. He did not see as much of this happening in northeastern Nevada as they would see it more in populated areas such as Pahrump, Fallon, and Fernley that had numerous domestic wells outside the City limits. Commissioner Guttry noted in Pahrump they have 11,000 domestic wells now and they have 8,500 additional lots available in the value that would need water. He noted if the Engineer stated no more wells and a developer owned 100 of those 8,500 lots then he believed it would be takings issue. Randy Brown agreed and something would have to be addressed because the State Engineer realizes it would be a takings issue so he was trying to limit the amount of water that would be pulled from the new wells and he was doing it based upon proven data he gathered in Nye County. He stated on a domestic well the average use was 400 to 600 gallons per day which includes smaller lawns. He noted the bigger lots run into problems with over allocation. Randy Brown stated over allocation was apt to be in the south where the climate was milder than in the north and the water usage would be more constant. Commissioner Guttry stated he had discussed water usage with Lori Gilbert on the radio today. He noted a person who lived on Hamilton Stage Road called into the radio show and held a conversation regarding her investment in landscaping and garden. Commissioner Guttry stated he had not heard that the Elko City segment was critical Randy Brown felt the Elko segment was over appropriated. He stated during the winter he and Commissioner Andreozzi would visit with State Engineer about local problems. He had not heard much about curtailment since their development requirement of 2 acre feet of water per parcel. Randy Brown stated that action had curtailed a lot of the parceling. He stated a lot of the parcels were not buildable, not usable that they might have to reverse acreage in parceling to get some of the land back without water. He believed a lot of the concern was in the south specifically in the Pahrump area. He noted they have 11,000 existing domestic wells and a potential of 8,500 so they were looking at 25,000 domestic wells equaling 50,000 acre feet of water. PAGE 12

13 Commissioner Guttry noted the perineal yield was 20,000 gallons in that area. He believed there would be folks in the south that would have to scale back on their landscaping. He assumed they would put in meters and monitor it. Randy Brown stated they had discussed the metering situation because they need to know how much water was leaving the basins. He stated in the north they do not have a long growing season but they do have people who do misuse the water. He believed they would look at enforcement of the regulation upon domestic wells. Commissioner Dahl commented supplemental wells in the Humboldt Basin which pump over 5 acre feet require meters now. He stated when they talk about it be a takings he stated their water rights were based first in time and first in right. Commissioner Dahl stated in Starr Valley he had 1868 water rights on one place and on the other parcel it was 1893 water rights. He noted if there was a shortage of water then the junior right loses until the senior right was filled. Commissioner Dahl stated when you buy property that you want to subdivide then you go in knowing there would be wells on those lots so if water was not available then they could not be developed. He noted if they shut off Diamond Valley because of junior rights to balance the valley then they were talking about 1960 water rights. He stated up till now nobody had wanted to address the over allocation. Randy Brown stated a lot of people do not understand when you buy property and you sink a domestic well that was not a water right. He noted a water right was certificated or permitted by the State of Nevada for a specific use; a domestic use was an implied right of usage. Commissioner Guttry noted until a year ago those people in Pahrump Valley did not understand it was not a right and they could lose their water. Randy Brown stated that meeting was based upon water management, critical management areas, and domestic well management. He believed it was the intent of the State Engineer s Office was to afford some right to domestic wells in time of CMA or drought. Commissioner Guttry stated if have Pahrump Valley had all those domestic wells but at the end of the valley they have ranchers who have older water rights then would they have priority over the domestic water rights and could shut off those wells. Commissioner Dahl stated that was happening now in Diamond Valley on the Sadler Ranch because their springs were impacted by water wells and they were suing. Commissioner Andreozzi stated now they were seeing domestic wells that were municipal in nature such as Spring Creek and Elko. PAGE 13

14 Randy Brown explained quasi-municipal water wells had certificated water rights. He noted the State Engineer could allow 1.6 acre feet for two homes which was 800 gallons per day. Commissioner Andreozzi stated then the homes in the Hamilton Stage development would have certificated water rights. Randy Brown stated every lot had a certified water right because the County Commission created an Ordinance requiring 2.5 acre feet of water right with each parcel so they were protected. Commissioner Steninger noted last year the Engineer s Office talked about putting meters on all the irrigation wells and inquired if at that time did he designate the Elko Segment as a critical management area. Randy Brown replied no but there were two basins that required additional monitoring but they were not designated as a CMA. He stated there was a requirement on any well pumping over 5 acre feet per minute to have a meter so they could monitor the wells. Commissioner Dahl stated Mason, Diamond and Smith Valleys were designated critical management areas. Commissioner Steninger inquired if a ground water management plan had been approved. Randy Brown stated the basin had to be designated as critical management area and then that area has ten years to come up with a management plan. Randy Brown stated Pahrump Valley was over designated and we have the same potential but not on the same scale. He noted all the Elko County subdivisions have 2 acre feet restriction to their lots and the State Engineer had to consider that each time he looked to see if the basin was over allocated. Randy Brown stated there were 11 subdivisions just in the Elko segment. Commissioner Dahl stated in Diamond Valley they have instituted a plan but there had not been an agreement because of the senior water right holders. He noted that would affect the tax base. He stated there was a proposal to work out a plan. He noted on agricultural land the appraisal was based upon your water right. Randy Brown stated there were some scale backs last year on surface water rights in the Elko Segment. He noted the County owned water rights on the old Ellison Ranch with a priority date of 1879 and they received 20 acre feet off of that 1,000 acre feet last year because the priority date was He commented most of the surface water went down the river but never got to where it was going because the problems in the aquifers. PAGE 14

15 Commissioner Steninger stated that was what had started this debate because Lovelock was not getting their water and they have the senior rights. Commissioner Dahl noted there has to be common sense to this and the State Water Engineer understood that if the water was not going to get there then why let the water sink somewhere in between. Commissioner Dahl believed the State Engineer s Office had done a good job and was looking at the usage of the water. Harry Botsford inquired if there had been a discussion of monitoring the depths of the water wells. Randy Brown stated the water depth depended upon the status of the water basins. He commented the State Engineer did not want to require everyone to be on a meter at this time unless it became a critical management area and they need to know how much water was leaving the basin. Harry Botsford noted he lost one level of water two years ago and inquired if he could volunteer monitoring. Randy Brown stated the State Engineer would welcome that. He noted there was a monitoring meter on his domestic well. Commissioner Steninger inquired about taking action upon the recommendations. Commissioner Guttry stated those recommendations had already been sent to the committee. Randy Brown stated the committee would hold another meeting on the BDRs. Commissioner Dahl suggested they wait until after the next meeting. Randy Brown stated the initial argument was to restrict it to indoor use only and the committee discussed outdoor use for animals. Commissioner Guttry noted there were recommendations for the new lots to have added restrictions. 2:57:19 PM: RECESS: Chairman Guttry called a recess at 2:57 p.m. 3:06:06 PM: RECONVENE: Chairman Guttry reconvened the meeting at 3:06 p.m. 3:06:59 PM: M. ELKO COUNTY PLANNING AND ZONING: M.1. Discussion and consideration of a request for vacation of a portion of West Street and 3rd Street lying adjacent to Lots 1 and 2 of Block "P" as depicted within the Official Map for the Town of Gold Circle (Midas) with File No. 82 filed by David and Naomi Heneage. A recommendation of approval with staff's recommendation, findings and conditions is forwarded from the Elko County Planning Commission from the July PAGE 15

16 21, 2016 regular meeting of the Elko County Planning Commission to the Elko County Commission to abandon that portion of West Street and 3rd Street lying adjacent to Lots 1 and 2 of Block "P" within the Town of Gold Circle (Midas). The action requested by the applicant and recommended by the Planning Commission complies with NRS through and will not be materially injurious to others. Total area to be vacated is approximately 5,400 sq. feet. Randy Brown stated the Planning Commission approved this unanimously with staff recommendations and findings. They have worked with applicant to assure access on the NRS 2477 road and they were agreeable, staff recommended approval of the application. MOTION: Commissioner Andreozzi moved to approve the request for vacation of a portion of West Street and 3rd Street lying adjacent to Lots 1 and 2 of Block "P" as depicted within the Official Map for the Town of Gold Circle (Midas) with File No. 82 filed by David and Naomi Heneage with staff s recommendations, findings and conditions as approved by the Planning Commission. Commissioner Steninger seconded the motion. The motion passed unanimously. 3:08:12 PM: N. ELKO COUNTY CODE: N.1. Enhanced 911 Surcharge: In accordance with Public Notice 25, 2016, conduct a Public Hearing and Second Reading of Ordinance , entitled, AN ORDINANCE CREATING A NEW CHAPTER 6 IN TITLE 11 OF THE ELKO COUNTY CODE TO IMPOSE AN FEE ON TELECOMMUNCIATIONS WITH THE PROCEEDS BEING USED TO ENHANCE EMERGENCY DISPATCH SERVICES, AND ALL OTHER MATTERS RELATED THERETO. This ordinance imposes a fee on telecommunications to pay for enhanced 911 services in Elko County. Cash Minor reminded them to seek public comment. Elko Police Chief, Ben Reed, representing the Central Dispatch Operations Board thanked them for their previous support and noted their conversation brought public awareness and they have received some donations. He reported that Chairman Guttry had accepted a donation from Coldwell Banker last week. Chief Ben Reed believed there was excitement at the management of the Dispatch Center and with public safety because they will be able to advance the technology within the Dispatch Center more quickly. He stated it was important because the public expects them to be able to receive different types of data at PAGE 16

17 the Dispatch Center. He noted as funding grows they would continue to advance into the current technology called Next-Gen or Next-Generation 911 where they could receive data from mobile phones and interact and transact with users/general public; or send a video clip of a crime in progress to Central Dispatch. Commissioner Guttry inquired what it would take to advance to Next-Gen. Chief Ben Reed stated they would need more funding and it would take a longer period of time to get to that point. Commissioner Guttry inquired about skipping this step. Chief Reed explained they have to have more advanced equipment in place to get more enhanced 911 versions. He stated they don t have the Master Street Guide within the Dispatch Center so they don t know all the addresses within the County. Commissioner Guttry encouraged them to proceed to that upgrade. Ken and Alene Sutherland, of the Ruby Radio Corporation, had prepared a radio campaign for funding. Ken Sutherland had gone to Nevada Bank and Trust to start an account a couple of days ago to direct funds into that account to support the 911 fund. He had produced a radio commercial and had played the radio ad. Ken Sutherland stated their idea was to run a radio campaign through all six of their stations talking about the new system and he would run different versions of the ad. Ken Sutherland thanked James Winer for making his donation public to inform the general public of this funding effort. He believed they could mobilize the process and do not need to wait for the tax to kick in to get this upgrade. Ken Sutherland felt collecting these funds early could excel this process. He noted Tom Gust from the bank needed someone from the County to sign upon that account. Ken Sutherland stated Ruby Radio would not sign on that account. Commissioner Guttry stated Ben Reed would be a great contact person if he had any questions about the process. Cash Minor stated the County Treasurer signs upon all County accounts and he would notify her of the new account. Chief Ben Reed stated because the City of Elko maintains the computer side of the Dispatch Center they have asked that the new IT Manager study this issue and work with advisory committee to oversee the process. He stated the IT Manager may be the first guest speaker at the first advisory committee meeting. Harry Botsford stated he would like to see the feature of a portable detector of the location of cell phones which would help them in search and rescue efforts. Commissioner Guttry noted the committee would be set up in 45 days and he suggested Harry go to those meetings. PAGE 17

18 MOTION: Commissioner Andreozzi moved that we approve the enhanced 911 surcharge in accordance with public notice and officially conduct this public hearing as required by statute to approve the Second Reading of Ordinance , entitled: AN ORDINANCE CREATING A NEW CHAPTER 6 IN TITLE 11 OF THE ELKO COUNTY CODE TO IMPOSE AN FEE ON TELECOMMUNCIATIONS WITH THE PROCEEDS BEING USED TO ENHANCE EMERGENCY DISPATCH SERVICES. Commissioner Steninger seconded the motion. The motion passed unanimously. 3:20:11 PM: L. JARBIDGE SOUTH CANYON: L.1. Update on the recent Federal District Court Ruling on the Jarbidge South Canyon Case with discussion and consideration of County Commission direction for possible further action with regard to the case. Kristin McQueary stated on August 16 th we received Judge Du s Order and she did not find that Elko County had an RS 2477 right of way. She stated on September 6 th Judge Du held a status conference telephonically with the County the United States Attorney and Mr. Freeman the attorney for the Great Old Broads. Kristin McQueary believed Judge Du would like to get this off her docket. She stated Judge Du set November 2 nd as the due date for a joint status report from all the parties. Judge Du scheduled a November 7 th status teleconference with all the parties. Kristin McQueary stated they had looked at the rules of appellant procedure and because the United States was a party they have sixty days in which to appeal which would be the 18 th of October. She commented there were numerous legal and procedural nuances to consider. Gary Woodbury stated there was a meeting with the clients and he had explained in some detail what the nuances of the factual determination of Judge Du were as well as the Ninth Circuit s. He stated there had been significant changes to a number of the procedures in the federal court with respect to consent decrees that were a product of the decision of Judge Du. He noted Judge Du was making that decision in part because of what they consider was a misunderstanding of what the Ninth Circuit Court said. Gary Woodbury stated from the point of view of Elko County and others the decision did not allow inferences to be made from the circumstances as we presented as occurring in 1909 and before. He stated under law generally and federal law specifically inferences from circumstantial evidence were good evidence. Gary Woodbury stated from their point of view the Judge did not make those inferences. He PAGE 18

19 noted the case began as a consequence of the federal government determining, without consultation with Elko County or without informing Elko County, of closing the road to Jarbidge. Gary Woodbury stated there was nothing in law that if the County quits this lawsuit from the federal government doing that again. He stated the road was open and has been open for the preceding 14 years as a consequence of the consent decree and the settlement agreement reached between the United States and Elko County. Gary Woodbury stated they had a discussion today with the Deputy Attorney General from Denver for the United States noting they were in an interesting position because of the curtailment of federal discretion in settling quiet title actions. He stated under the statute the federal government had the right to handle suits against the United States and have up to this point had primary discretion to do so absent of violation of law. Gary Woodbury stated that discretion was now gone in quiet title actions and the Department of Justice understands that; which would matter a lot to them because litigation was very expensive. Gary Woodbury stated the Department of Justice needs the discretion to settle the action. He stated they have asked the United States to take a look at what their position would be if Elko County decided to appeal Judge Du s decision and the implied decision of the Ninth Circuit Court. He believed they would be hearing from them by the first part of next week. Gary Woodbury stated there were other avenues that they could take but they were extraordinary complicated and tedious. He stated at this point given the direction to proceed with the lawsuit they would mostly likely cause an appeal to be filed. He stated if they determine there was a better option they would ask for permission of the Commission. Commissioner Guttry understood the Department of Justice was not happy with this decision because they could not settle small disagreements. He noted at one time this was a small disagreement but now it has turned into a huge deal. Commissioner Guttry stated the decision now prevents the Department of Justice from going out in the future with either Elko County, the State of Nevada or anybody in the country and settling these disputes without spending untold amounts of money going to court which in Gary Woodbury s opinion would cause people not want to come to agreement so it would go straight to trial. Gary Woodbury stated as he read it; that would be the outcome. Commissioner Guttry stated that meant they were on the same page with the Department of Justice of not liking this decision. Gary Woodbury stated the Department of Justice was in the agreement too and now the agreement was set aside so they lost too. He believed they had multiple attorneys looking at the question whether this agreement passed title of federal ground which was not appropriate to pass. Gary Woodbury stated this PAGE 19

20 meant the attorneys in the Department of Justice lost balance also. He stated if they handle it properly in the future there was no expectation and probably legally they can t change their view. He stated the United States view throughout this has been that the agreement did not transfer title to a road it simply was an agreement not to enforce the law. Gary Woodbury stated Judge Du, by her implication; the Ninth Circuit decided that it did in fact pass title. Commissioner Guttry stated they were saying they did not violate federal law because they could not do that. Gary Woodbury stated there were probably a dozen briefs to that effect that they have filed. Commissioner Guttry thanked him for his great summary. He been on this Commission for six years but knew about the South Canyon Road in Jarbidge when he sat upon the City Council when it first started. He did not understand the implications of this case long term until he had become a Commissioner. Commissioner Andreozzi stated he watched this from sidelines for a long time and his father-in-law lives up there in Jarbidge. He had been up there several times and recently hiked up to the closed area. He had thought there was a lot of fuss over this little chunk of road but the reason everyone had dug in on both sides was because this would be a deciding factor and the precedent it set going into the future. Commissioner Andreozzi stated in looking back Elko County was able to reach an agreement with the Forest Service and everyone was going along in good faith from 2001 until the appeal was filed. He stated the risk was the rest of that road could be eliminated and there were still two campgrounds up there and last weekend those two campgrounds where full. Commissioner Andreozzi believed both sides were dug in because they saw it as a pivotal issue and precedent setting from this point further for RS 2477 roads. Commissioner Dahl stated everyone watched when they opened the road and everyone said over 2,000 people were there. He noted it was a large operation and they bussed peopled from the staging ground to participate in the opening of the road. He stated it was an important decision and they need to remember the one that declared that they would open that road was John Carpenter. Commissioner Dahl stated Commissioner Carpenter stood up in a Commission meeting being held in Wells and made the statement they were going to open the road. He noted there was a parade in January, people came from all over, and speeches were made in front of the Courthouse. He noted two weeks before the 4 th of July a horse fell with him but he was able to coordinate the school buses, the air ambulance from Boise, Idaho etc., from his hospital bed. Commissioner Dahl stated they opened the road on the 4 th of July and he PAGE 20

21 felt it was an important decision. He had a review of the case written by their capable legal counsel. Commissioner Guttry did not believe a lot of the Elko County people realize how complicated the case was and what the implications were. He stated there had been lots of people concerned about the cost and they had received the figure of $278,000 was spent on this case. Commissioner Dahl read their legal counsel s summary into the record but did not read it verbatim. Commissioner Dahl noted there had been discussion about money spent upon this case but it averaged $15,000 per year since it started. MOTION: Commissioner Dahl moved that the Elko County Commission make the decision to go forward with this suit and follow the advice as monitored by our Commission from our legal advisers but we declare our intent to see this suit through to the end and we don t back up at all. Commissioner Steninger seconded the motion. Commissioner Andreozzi stated when he was first elected Elko County officials met with Forest Service representatives in Jarbidge and discussed the Agreement with regards to maintenance of the road which was a little over a year ago when that cooperative discussion was held between the County and the Forest Service. He stated some people criticize spending time on this civil issue that it was distracting them from other criminal issues. He noted the District Attorney s Office was specifically designed to address the two separate sides civil and criminal. He stated those factors helped him form his opinion on this case. Commissioner Guttry stated the federal government and Elko County came to an agreement that was good for both parties but it fell apart because of the environmental groups who did not think the federal government had the authority to make those agreements. He noted it was agreed what the County would do and the County spent money fixing up the road in that area so the taxpayers have an investment in that area. Commissioner Guttry felt it was an important issue and felt Commissioner Dahl s motion indicates that they would rely upon existing legal counsel to move forward without specific County Commission direction. He did not think it was a good idea to turn the case over to the State at this time. Commissioner Dahl stated they had confidence in their local legal advisers. The motion was passed unanimously 3:48:29 PM: PAGE 21