Elko County Board of Commissioners

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1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. February 17, 2016 The Board of Elko County Commissioners met in regular session on Wednesday, February 17, 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 Deputy District Attorney Mark Mills Deputy Clerk Marilyn Tipton Sheriff James Pitts LEPC Chairman Dan Allred CERT Coordinator Mary Ann Laffoon Road Supervisor Terry Lister Chairman Guttry called the meeting to order at 1:30 p.m. He noted for the record that Commissioner Eklund was absent today. Commissioner Andreozzi led the meeting participants in the Pledge of Allegiance. 1:31:15 PM: I. COMMENTS BY THE GENERAL PUBLIC: Martin Paris introduced himself as the rural representative for Congressman Amodei. PAGE 1

2 Commissioner Guttry commented Mark Mills from the District Attorney s Office was sitting in for Kristin McQueary today as their legal counsel. 1:32:56 PM: II. KINROSS BALD MOUNTAIN MINE: Introduction of Randy Burggraff, new General Manager of the Kinross Bald Mountain Mine. Kinross Gold Corporation purchased the Bald Mountain Mine from Barrick Gold Corporation in January Randy Burggraff stated for the last 5 years he had been the General Manager at the Round Mountain Mine in Nye County. He noted the Bald Mountain Mine was located in White Pine County but 75% of their employees live in Elko or Spring Creek and they do a tremendous amount of business with the Elko mine suppliers. Randy Burggraff stated they have approximately 450 employees. He stated the most difficult thing for them was to carve that mine from the Barrick structure with their computer technology. He introduced Ranay Guifarro their CSR, Corporate Social Responsibility Coordinator. He stated they look forward to doing business in their area. 1:35:42 PM: III. ELKO COUNTY ADVISORY BOARD TO MANAGE WILDLIFE APPOINTMENT: Appointment of one member to the Elko County Advisory Board to Manage Wildlife with a term expiring December 31, Jim Cooney expressed interest and submitted an application for appointment to this Board. Commissioner Guttry stated this agenda item would be tabled because they realized it would have to be re-advertised in the newspaper other than upon their website. MOTION: Commissioner Dahl moved to table the appointment to the Elko County Advisory Board to Manage Wildlife with a term expiring December 31, Commissioner Steninger seconded the motion. The motion passed unanimously. Commissioner Dahl departed the meeting room at 1:36 p.m. 1:36:41 PM: IV. ELKO COUNTY LOCAL EMERGENCY RESPONSE COMMITTEE (LEPC): Discussion and consideration of a request for authorization to apply for 2017 State Emergency Response Committee (SERC), Hazard Materials Emergency Preparedness (HMEP), United We Stand (UWS) and Mid-Cycle Grants by LEPC. These grants assist with training, supplies and equipment for local emergency response. No matching funds are required. Dan Allred, LEPC Chair, stated this was an annual request to apply for the four grants to assist them with training, supplies and equipment. PAGE 2

3 Commissioner Dahl returned to the meeting room at 1:38 p.m. MOTION: Commissioner Andreozzi moved to authorize the application for 2017 State Emergency Response Commission (SERC), Hazard Materials Emergency Preparedness (HMEP), United We Stand (UWS) and Mid-Cycle Grants by LEPC. Commissioner Steninger seconded the motion. The motion passed unanimously. Dan Allred stated LEPC s was responsible to provide oversight upon the management for all provisions of the Superfund Amendments & Reauthorization Act of 1986 (SARA). He stated they were to assist and provide interagency and organizational planning for emergency response to hazardous materials. Dan Allred stated he was the Chairman of LEPC, Pat Anderson was the Vice-Chair, and the Secretary was Brian Burgess of the Elko Fire Department. He stated there were 13 groups/organizations that were represented which includes state and local officials, law enforcement, civil defense, fire suppression, emergency/medical response, broadcasting/media, community groups, transportation and the hospital. Dan Allred stated the SERC Grant funding was between $15,000 to $30,000 per LEPC, per year. He stated those monies were issued and distributed through each State CERT and the monies for the CERT grant came from fees collected from SARA Title III. He stated that funding was only for training, planning and equipment in hazard material related events. He stated for the grant FY 2015 they were awarded $15,000 and they spent $11,834. He stated for the current FY 2016 they were awarded and would be spending $28,988. He noted there was no grant match. Dan Allred reported the HMEP and HMEP Mid-Cycle Grants were monies also distributed from the State CERT which came from the US Department of Transportation. He reported in 2015 they were awarded $7,000 and for this year they requested $29,500 and were awarded $12,000 for HMEP. He noted for the Mid-Cycle Grant this year they requested and was awarded $14,500 which would be used for training, the State Fire Show Conference, and would assist them with the requirement to have hazardous material safety officers. Dan Allred reported the United We Stand Grant (UWS) came from the UWS license plates that were issued for preparedness to combat terrorism as outlined in the State Enhancement Plan for Homelands Security. He stated in 2015 they were awarded $26,200 and they spent $24,400. Dan Allred stated the local LEPC puts on training every year and the Elko Fire Department, through Chief Brian Burgess, put on a tabletop exercise such as the real life exercise of the earthquake that we had. He stated nearly every City and County emergency response agency and all supporting agencies were at the earthquake training. He stated they were required to meet quarterly but they meet more than that and were currently preparing for the PAGE 3

4 SERC grant. Dan Allred commented the grant application process was very arduous and sometimes they say no. Commissioner Andreozzi voiced appreciation to Dan as Chair of LEPC and providing the great level of service to the community. Robert Stokes stated everyone else on the LEPC was affiliated or employed by a governmental agency except Dan. Dan Allred stated that was correct. Robert Stokes noted Dan, through his previous employment, brought special skills to this organization. Dan Allred reported the level of response and capability that they have in this community was tremendous. Robert Stokes commended LEPC and their ability to communicate with the various agencies to help them respond to any emergency response needed. Dan Allred stated the four to five hour tabletop earthquake prepared them better for quick response. He stated there was an action review upon that exercise. 1:47:02 PM: V. NORTHEAST NEVADA CITIZEN CORPS/CERT PROGRAM (NNCCCP): A. Discussion and consideration to apply for the 2016 grant cycle State Homeland Security Program (SHSP) funds to allow for the continuation of the Northeast Nevada Citizens Corps / Community Emergency Response Team (CERT) Program. Mary Ann Laffoon, CERT Program Coordinator, stated they were finishing their 2014 grant and she requested authorization to apply for the 2016 cycle grant that would allow for continuation of this program. She had submitted an overview of the program previously for their review. Mary Ann Laffoon had testified in Washington D.C. last year to represent the rural perspective for National Youth Preparedness Strategy. She stated FEMA wished to mention them in an article and would possibly include the latest tabletop earthquake exercise lead by Chief Burgess. Mary Ann Laffoon noted the possibility of being the first person on the scene of an accident was greater in their rural setting. She spoke upon the necessity of having a 72 hour kit to survive if stranded in their homes as a result of a disaster. Mary Ann Laffoon stated CERT requested that she coordinate with Red Cross on the Pillowcase Project to teach 2 nd to 3 rd grade students to be better prepared for themselves. She stated they have taken the program to the Boy Scouts, Girl Scouts, Homeschoolers and Spring Creek Elementary Schools. Mary Ann Laffoon stated every year they graduate CERT students out of West Wendover High School from public service programs which helps bring back volunteerism. She noted the basic community had 1% CERT responders so having citizens more aware of how to help would benefit the communities. She was sent by the State to help Carlin when they had the winter PAGE 4

5 storm event. Mary Ann Laffoon stated she worked with all the communities and many agencies because it was an important program to prepare people. She noted the program started in late 1970 s due to the earthquakes and the fires. Mary Ann Laffoon noted the class would take 21 hours and volunteered to give any group the class to help them be better prepared. MOTION: Commissioner Steninger moved they give authorization to apply for the 2016 grant cycle State Homeland Security Program (SHSP) funds to allow for the continuation of the Northeast Nevada Citizens Corps / Community Emergency Response Team (CERT) Program. Commissioner Dahl seconded the motion. The motion passed unanimously. B. Discussion and consideration of renewal of the Northeast Nevada Citizen Corps/CERT Program Coordinator Contract with Mary Ann Laffoon for the Northeast Nevada (5) County Region subject to grant funding. Mary Ann Laffoon stated her contract runs to March 2017 due to the funding she currently has. She stated they were not asking for matching funds. She explained when the grant funding went away her position went away. MOTION: Commissioner Dahl moved to renew the Northeast Nevada Citizen Corps/CERT Program Coordinator Contract with Mary Ann Laffoon for the Northeast Nevada (5) County Region subject to grant funding. Commissioner Andreozzi seconded the motion. The motion passed unanimously. Commissioner Guttry had reviewed her presentation information and commended her for her coordination and help. Mary Ann Laffoon stated they had great responders but the responders always went where the most critical need was. She stressed the citizens must also be prepared to take care of themselves and CERT teach to the greater number. Robert Stokes voiced appreciation for her working with the citizens. He stated when the earthquake happened in Wells it had a devastating impact upon the Wells community and they received assistance from all the emergency responders from the communities in Elko County, from other counties within the state and from other States such as Utah and Idaho. Robert Stokes stated they dealt with lots of people and overall the responders met the challenge. He was asked how long it would it take local responders to respond in Spring Creek or Elko if they had an earthquake in the area. Robert Stokes stated he replied it could be 72 hours easily before there was an emergency responder there to help them or for the utilities to be restored because of concerns with injury caused by turning them back on prematurely. Robert Stokes noted this program helps PAGE 5

6 people understand the basic needs such as water, toilet paper or light. He stated people never think about those but this program helps them be prepared with their 72 hour kit whether at home or in their vehicle. Mary Ann Laffoon stated it was important to have a 72 hour kit at home and at work. She stated if they have anybody in their family or they take medication they should have a three day supply in case of emergency in their 72 hour kit. 2:03:20 PM: VI. ELKO COUNTY SHERIFF S OFFICE: Discussion and consideration of the reclassification of a vacant Lieutenant position to a Sergeant position in the Sheriff s Office. With the retirement of Lieutenant Marv Morton, the Sheriff has reorganized the command structure to allow for oversite of day to day operations and supervision. Sheriff Pitts stated they have reorganized and would like to move down the Lieutenant position to a Sergeant position. He stated it would be a $4.33 per hour reduction and they would save $39,000 the first year. Commissioner Andreozzi believed it was a thoughtful way to address the issue and have hands on supervision with a budget savings. He inquired about the relationship between the sergeant and the deputies and were they within the same bargaining unit. He inquired if sick leave, vacation, etc. was handled the same way. Sheriff Pitts replied the Sergeants were in the same bargaining unit as the deputies so that did not change anything. He stated they have restructured and have Sergeants in Elko who oversees Jackpot, West Wendover substation and the Well s positions. He explained they have four teams that cover that area and everyone reports to the Sergeant. MOTION: Commissioner Steninger moved to approve the reclassification of a vacant Lieutenant position to a Sergeant position in the Sheriff s Office. Commissioner Andreozzi seconded the motion. The motion passed unanimously. Sheriff Pitts reported the Polar Plunge will be held this Saturday at the City pool to support Special Olympics. He encouraged them to support the event. 2:08:39 PM: VII. BOARD OF COUNTY HIGHWAY COMMISSIONERS: A. Comments by the General Public Charles Schaer, a Ryndon resident, reported upon the snowmelt problems upon the roads in Ryndon particularly Jacinto where there was a one foot deep rut down the center of the road. He questioned if they would like to commute up and down that road every day and noted the ambulance and fire trucks also utilized that road. Charles Schaer noted he paid property, gas taxes and auto registration every year but did not receive road maintenance. Charles Schaer PAGE 6

7 commented there was a chip seal on Coal Mine Canyon Road. He had read in the paper they were bringing sandbags out on Coal Mine Canyon Road where it flooded but he had not seen a sandbag. Charles Schaer stated they give $190,000 to the Spring Creek Association per year for their roads but there were no money given to Ryndon and Osino. He stated this road was used by 20 families. He believed the people who live in town do not understand but they were taxpayers too and it would be nice to see something done. He stated they were not asking for paved roads but would like to see them cut some drainage on the road. Commissioner Guttry stated the road plan for the sales tax they just implemented included Indian Hills in Ryndon. He noted Ryndon and Osino were among the 100 subdivisions that were not upon the County road plans. Charles Schaer inquired why the Spring Creek Association was getting RTC funding. He asked why his tax dollars were going to them when they were not supposed to get tax money. He stated they were supposed to maintain the roads on their own and that was in their By-Laws and it was also in their Charter. Commissioner Guttry did not know how that funding began but they were working on a plan to address some of these road issues. He inquired what the road name was. Charles Schaer replied Jacinto Drive. Commissioner Guttry stated that was a subdivision road and when the subdivision was accepted by the County many years ago it was accepted for public right of way and not for maintenance because the roads were not brought up to standard. He stated there were over hundred subdivisions within Elko County that were in the same shape. Commissioner Guttry stated the person who developed that area, the original developer, was supposed to form some type of maintenance or an organization within that subdivision to address all the issues including the roads. Commissioner Guttry stated the developer sold off most of the property and buyer beware. He stated people bought the lots not realizing the County had no responsibility to maintain those roads. He noted this had gone on for a long time. Commissioner Guttry stated that was the reason for the quarter cent sales tax increase to address some of the needs around the populated areas that have high traffic volume roads that were in a subdivision and were considered a collector road that gets people from the subdivision to a freeway. He stated they want to address the collector s roads where the traffic was but Jacinto was not on the road plan. He believed Indian Hills does not get maintenance now. Commissioner Guttry stated the problem was the County has all these subdivisions that were never accepted for maintenance by the County. Charles Schaer noted they have one subdivision that was receiving funding and the rest were not. PAGE 7

8 Commissioner Steninger stated the Spring Creek Association had a $2 million dollar road budget so they put up money also. Charles Schaer stated it was supposed to be all of their money and not $190,000 of the taxpayers funds. He stated this was a prime example of inequity in Elko County. Commissioner Guttry noted the $190,000 was a small percentage of their road budget. Charles Schaer noted $190,000 could do a lot on Jacinto. Commissioner Steninger stated if they did his road they would have to do every other road in the County. Commissioner Andreozzi explained gas tax was distributed to the entities based upon road mileage and population. He stated this road probably did not qualify upon the road plan for funding. Commissioner Andreozzi stated they do count the Spring Creek roads to get reimbursement from the State from the gas tax formula for the County. He stated that was why Spring Creek received that funding. He understood the County claimed 1,100 miles of road to receive the reimbursement from the State and the Spring Creek Association miles were counted so that was why they received some of the gas tax funding. Commissioner Andreozzi stated Jacinto was one of those 15,000 miles of roads within the county that was not within the system. Commissioner Guttry stated there was a huge need for road maintenance everywhere in the County but they have a limited amount of revenues. He stated they have a good road plan with $1.5 million dollars per year to address some of these high populated areas such as in Ryndon. Commissioner Andreozzi believed this was a safety issue and felt they should put up signage. Commissioner Guttry had traveled within the Ryndon and Osino area with members from the Road Department. He noted Coal Mine Canyon Road was paved for a certain distance from the freeway and that was upon the road maintenance program. Terry Lister stated Coal Mine Canyon was paved for a mile and one-half and then it turns into a gravel road. He stated that road was a County maintained to Devil s Gate. Terry Lister stated Frontier runs alongside the freeway to the east was maintained up to the hill before the old dump and Gold Rush was maintained to the west to the boxed culverts. He stated the remaining streets in Ryndon were not maintained. Terry Lister stated Indian Hills was placed upon the plan because the road was the most economical to upgrade and it ran the entire length of the subdivision. He stated it would not have as much right of way problems as the other roads and they could use it as a collector road PAGE 8

9 in the new sales tax plan. Terry Lister stated a lot of those roads filter down to that road so people have the option to use that as a collector road. Commissioner Dahl stated if he lived in Osino he would want to get the neighbors together and raise funds to maintain the road. He stated one of them could buy a grader or hire a contractor to maintain the road. He inquired if there was a liability problem if they do that within their own subdivision. Commissioner Guttry did not believe so and it has been going on for years. He stated there were people who have graders and they do their own maintenance within their own subdivision. Terry Lister stated there was a person with a grader in Ryndon and he works on the west side of the subdivision but he had never had contact with him. Commissioner Guttry stated there was a road committee several years ago that discussed this issue. Randy Brown stated they tried to do a General Improvement District in Ryndon and Osino but there was no interest. He stated they have to have 66 1/3 percent of the property owners to pass an assessment district. Commissioner Guttry noted it has to be property owners that agree to assess themselves for the maintenance. Randy Brown explained there were so many out-of-state owners that would not contribute. He stated the issue with someone blading the road had been going on for many years and the NRS addressed that in the GID and the maintenance districts. He noted the County Code does not address it. Randy Brown stated they have allowed it but they ask for an encroachment permit to let the county know that work was being done and it was up to standard to make the road safe. Commissioner Dahl inquired who set the limit of 66% of the property owners approval. Randy Brown replied it was stated in the Nevada Revised Statutes. He noted the Commission could create the district or GID but it does have to go to the voters in that area. Commissioner Dahl noted the property owners may vote for it at this time. Randy Brown stated the County would have to establish the boundaries of the district and establish a maintenance plan. He stated these would have to meet State standards and that would eliminate individuals from grading their own road. He had met with lots of people in Osino and Ryndon and there was interest but when determining boundaries it was contentious. Charles Schaer inquired what it would take to restart a General Improvement District. Randy Brown requested that Mr. Schaer get a group together and come in to speak to him, Cash Minor and the District Attorney. He noted there would PAGE 9

10 have to be 66% property owners within their boundaries. He stated when they start putting the costs together and determine what roads they want to maintain soon it was not feasible. Commissioner Guttry stated if everyone wanted their road improved to standard then it would costs thousands of dollars per year. Randy Brown stated that was what they heard when he and Jeff Williams met with the people in Osino. He stated they tried to establish the boundaries and determine which roads would be improved but there was contention. He stated within the 15 year road plan they were trying to identify the major collectors. Randy Brown stated when they create a GID it requires bonding, engineering, licensed contractors who get prevailing wage. He stated people lose interest when they were informed of that. Robert Stokes stated if Mr. Schaer brought in interested parties they could review the GID process with them. Commissioner Steninger inquired how many properties were in the area. Randy Brown stated there were three separate subdivisions: Meadow Valley, Twin River Ranchos, and Section 36 and Section 36 was where the Jacinto road was in. He stated that particular subdivision was actually cut out of a part of the BLM and conveyed by the BLM in tracts. He commented over the years it has been subdivided by parcel maps by different owners. Randy Brown stated until 1972 there were no subdivision laws within Nevada so they winded up with 64 major subdivisions that were created from sections of land which were divided into two acre parcels with no subdivision standards. He noted Meadow Valley I through XI, Twin River Ranchos, etc. were examples. Randy Brown stated there were other sections of land such as Section 36 where the land was subdivided but there were no subdivision criteria and people started to develop it. Randy Brown stated they were trying to go back in time and fix problems that they do not have the funding for. He noted the taxes would be outrageous to maintain all the subdivision roads within the County. Commissioner Dahl inquired if they knew the percent of lots owned by absentee owners. Randy Brown stated the last time they checked it was approximately 35% in Osino or more. He stated the other issue was what road to improve because they cannot improve every single road in a subdivision they have to identify the major collectors so everyone can utilize them. He noted a GID was considered a governing entity and they would have to pay prevailing wage. Commissioner Dahl suggested changes at the State Legislature. Commissioner Guttry stated a person who buys a lot in the City of Elko has to pay for the sewer, water, drainage and finished roads that the taxpayers do not pay anything for. He noted the streets were paid by the developer which in PAGE 10

11 turn passes it on to each lot purchaser. Commissioner Guttry stated in Ryndon, Osino and the rest of the County they may pay $5,000 for a lot but they do not get a road, no sewer, and any water, etc. Charles Schaer stated it was still a safety issue. Commissioner Guttry stated they have never addressed this until the quarter of a cent sales tax was passed. He stated this has been going on in Osino, Ryndon, Last Chance, South Fork, and Lucky Nugget. He stated they were trying to address the situation now but the funding would only go so far. He noted there was one road in South Fork that would be paved and it would cost over $1 million dollars. Terry Lister clarified they would pave 1.7 miles to the causeway and the cost would be $2.7 million dollars. Commissioner Dahl inquired if they were learning from history and this was not happening now. Randy Brown stated the first thing they do with a subdivision was the requirement of a creation of major area homeowner association which eliminates some maintenance issues and the developer must develop the road to higher standards. He noted the last issue occurred on Bullion Road and every road out there was paved. James Jefferies, Spring Creek resident, stated their roads have been out there forever. He noted Jeff Williams tried to get folks in those areas to form a road improvement district to pay to take care of their roads like the Spring Creek Association. He noted the developer took care of the Spring Creek roads until 1983 then the property owners were obligated to maintain the roads and the association was formed. James Jefferies stated the SCA gave the roads to the County for public access but the association still has to maintain them. James Jefferies stated the association received $190,000 from the County but they have 158 miles of roads and over 20,000 of people in the area so that would warrant the funding. James Jefferies stated the SCA had a heavy budget to take care of their roads which was paid from assessments the property owners pay. He suggested the gentlemen from Ryndon band his community together to form an association or GID and suggested he contact Jeff Williams. 2:40:56 PM: B. Road Stabilization / Dust Suppression Program 1. Magnesium Chloride Brine for Road Stabilization Pursuant to Notice No , NOTICE CALLING FOR BIDS FOR THE PURCHASE OF MAGNESIUM CHLORIDE BRINE., bids were received and opened on February 12, Pursuant to bid review and tabulation results, consider awarding the bid to the lowest responsive/responsible bidder. Terry Lister reported they had one bidder EnviroTech Services with the amount of $211, if they spread it and $195, if the County spread PAGE 11

12 the brine. He commented last year they paid $210,739 for brine so it went up $ He stated the County could not spread it for $15,000. Commissioner Dahl felt the price should have gone down. Terry Lister explained the company had a monopoly in the region. MOTION: Commissioner Andreozzi moved to award the bid to EnviroTech Services at the distributed amount of $211, for the purchase of Magnesium Chloride Brine. Commissioner Dahl seconded the motion. The motion passed unanimously. 2. Ammonium Lignin Sulfonate for Road Stabilization: Pursuant to Notice No , NOTICE CALLING FOR BIDS FOR THE PURCHASE OF AMMONIUM LIGNIN SULFONATE., bids were received and on February 12, Pursuant to bid review and tabulation results, consider awarding the bid to the lowest responsive/responsible bidder. Terry Lister stated they received one bid from Shilon in the amount of $ per ton which was the same bidder as last year. He reported last year they paid $ per ton so this went up a total of $400 from last year. MOTION: Commissioner Andreozzi moved to award the bid to the Shilon Corporation the lowest and only responsive bidder in the amount of $ per ton for the purchase of Ammonium Lignin Sulfonate. Commissioner Steninger seconded the motion. The motion passed unanimously. Terry Lister stated the budget was getting tighter every year. He noted they may be able to eliminate the Lig in two years after they chip seal Corral Lane or at least drop it down to one railcar of Lig. 2:45:21 PM: C. General discussion of routine road maintenance issues for information and/or administrative direction purposes. Commissioner Guttry stated he had received several s and Commissioner Andreozzi had received several phone calls concerning the melting of the snow causing road issues. He stated staff had been on it since last week especially upon Last Chance Road. Randy Brown stated Terry was out of town on Tuesday and Marty Eldridge did a good job. He stated they had working crews out all over the county. He stated they were identifying the priorities and getting the crews on them as quickly as possible. Randy Brown stated in the past they did not deal with the non-maintained roads but they would try to get those roads passable. He commented this was February and they have approximately 198% snowpack up there still so they were gearing up for March and April. Commissioner Dahl stated there was an anniversary party in Starr Valley and the discussion was upon roads and the people getting stuck. He noted PAGE 12

13 everyone was having problems with roads but that was part of living within the west. He believes everybody should understand the problem was all over. Commissioner Andreozzi agreed with Commissioner Dahl and in terms of water it was a good problem because they have been in an extreme drought. He stated it was part of living in the rural portion of the State with the County being 17,000 square miles. He stated this was the hot topic because it was directly affecting a lot of people. Commissioner Andreozzi stated while on the radio today they had a call from Ben Cornejo and his grader was stuck in the Victory Lane area. He stated it was a significant bus stop area and there was water in that area. He stated Sherman Creek was at its capacity and the culvert was full so he asked Randy Brown to look at that situation because they may have a bad situation for those school children. Randy Brown stated he had been out there twice and he and Terry would discuss that. Commissioner Guttry commented a property owner induced flooding on the Last Chance Road. Randy Brown reported the property owner placed a berm across the road which was a natural drainage to the river. He stated the owner was notified and he removed the berm but some of the areas were so full of water they had to let the water dissipate before repairing the road. Terry Lister stated on Last Chance Road they had two blades this morning but it was too wet to be productive however they removed some of the potholes but the pot holes will come back when it dries. He stated one of the issues was the ice coming up on their blade so when the roads started to unthaw the moisture would continue to come to top. He stated they breached the berm to empty water into a low area but the puddle would not go away until the snow was gone. Terry Lister noted they still have snow and tomorrow they would have rain so hopefully next week they may gain some ground. He commented a week ago they started having problems in Starr Valley. Terry Lister stated on February 4 th the weather broke so he had the crews start to clean the ditches but the culverts froze and the water went across road. He stated in Starr valley they were developing soft spots which may be due to truck hauling from last summer. He stated they applied more salt sand this year. He stated there were places they would have to gravel this year and it was $15,000 per mile for gravel. Terry Lister stated in Starr Valley there were two miles on the upper road that would need gravel and a half mile on the lower road so it would cost approximately $45,000 for that area and he only had $90,000 budgeted for gravel. Terry Lister stated he had $10,000 left to fix washouts and bad spots. He stated he didn t want to tear up the roads with their trucks so they did not haul gravel today. He commented the Coal Mine Canyon Road flooded several times last year due to PAGE 13

14 flashfloods. He stated a lot of that road was upon sand and they would be fixing those spots tomorrow. Terry Lister stated at South Fork they have four places where the river was coming across the road. He stated they would haul leach rock to allow travel so the water could still flow without making it deeper. He stated they don t want to throw culverts in because they would reconstruct the road this summer. He the road would be engineered. He stated in Tuscarora a lot of the fields were melting off and the run off was filling the culverts and irrigation ditches so there was a chance of having overflows from the creek. He encouraged people to have patience. Commissioner Guttry inquired about Jarbidge. Randy Brown stated they could not get in or out and he had two crews going up there today from public works. He stated the Idaho side was bad because the road did not receive any winter maintenance. He stated when he heard back from Jim Kerr he would pass the information on. He noted they can t get in from the Elko County side. Commissioner Guttry noted at Bear Creek they had a new bridge. Randy Brown stated that was done five years and it was holding up. Terry Lister stated they took out the wooden bridge three years ago and put in plates that they could lift out to clean the channel. Randy Brown stated Butch Smith did not say anything about flooding but the snow pack was at 174 and they hope it didn t melt too soon. Terry Lister stated they were experiencing equipment problems and Marty had stepped up. He wanted to also give credit to Clarence Hyde in Wells who also stepped up. Commissioner Dahl believed Terry was doing a good job making the best use of his equipment and men. Robert Stokes commented they had mild winters for the last 4 or 5 years and he had not used his snow blower until this year. He received an on upcoming events for emergency management at the state level and one topic was how to deal with flooding from winter weather and at the next meeting would be how to deal with the drought. 3:02:32 PM: X. ELKO COUNTY PLANNING AND ZONING: Review of the Spring Creek/Lamoille Master Plan- Plan Area 1: In accordance with Notice , conduct a Public Hearing on a request by Coach USA (Elko Inc.) to open the Spring Creek Lamoille Master Plan as revised 2012 for the review and possible change of zoning designation within Plan Area 1 on APN A-035 owned by ROI Elko 3 Investors LLC, from Commercial 2 to Light Industrial, for a proposed Coach USA facility. The specific request is located on the following location: A acre parcel of land located PAGE 14

15 in Section 3, T.33N., R.56E., M.D.B. & M., Elko County, Nevada, being all of Parcel No. 3 as shown on the Boundary Line Adjustment Map with File No The general location is adjacent to and north of Ann Way and Boyd Kennedy Road in Spring Creek, Nevada. This request will change the designation of zoning from Commerical-2 (C- 2) to Light Industrial for a new bus repair facility, mechanical washing and office facilities, Coach USA employee parking and guest parking for Newmont mining employees who utilize the Coach USA bus service. John Kingwell, Planning and Zoning, stated a public hearing was held on December 17 th resulting in a 5-0 vote in favor to apply zoning designation of light industrial zoning to facilitate Coach USA s project. He stated Coach USA was asking that the placement of the light industrial zoning be contingent upon the granting of the change of zoning tomorrow at the Elko County Planning and Zoning regular meeting. He stated that they went to light industrial because of the mixed uses and this project gives them control over the amount of traffic in the area. He stated this would be a change to the master plan if approved by the board and then they would go to the zone change. John Kingwell stated the public hearing was for the change of designation and there would be another hearing tomorrow night to change the zoning. John Kingwell stated they were just asking for a change in the master plan that would allow for the change of zoning. MOTION: Commissioner Andreozzi moved to approve the request to change the designation of zoning from Commerical-2 (C-2) to Light Industrial for a new bus repair facility, mechanical washing and office facilities, Coach USA employee parking and guest parking for Newmont mining employees who utilize the Coach USA bus service subject to the conditions outlined by the Planning Commission. Commissioner Dahl seconded the motion. The motion passed unanimously. 3:07:12 PM: VIII. ELKO COUNTY NATURAL RESOURCES: Elko County Public Shooting Facility: Discussion and consideration of authorization for Staff to apply for the Nevada Department of Wildlife Hunter Education 2016 Shooting Range Grant - Wildlife Restoration Act Fund. The grant application is $35, with a 25% match by Elko County in the amount of $4, cash funding and $7,000 in-kind services for improvements to the Elko County Public Shooting Facility. The total amount of the projects as shown are $47, Randy Brown gave an overview of the proposed improvements which would provide a covered area for the shooting benches and safety benches in a PAGE 15

16 safe and secure area for recreation, education and training programs for various groups, individuals and the general public. The proposed improvements will enhance and promote expanded use of the range. Placement of signs displaying Range Rules, NRS and restriction signage in eight locations will promote range safety and compliance. Safety Tables and restraining cables will be provided in eighteen locations to promote and permit safety areas for safe short term storage, cleaning and day use at the range in range safe areas. He stated the Safety Benches were approximately 550 lbs in weight and will be secured to the ground by chain and lock to help ensure that the benches will not be relocated or stolen. None of the proposed improvements will require cut and fill they would utilize the existing foot prints. He stated they would restrict alcohol in the area. He stated Terry Lister put a wider cattle guard at the entrance to alleviate some of the traffic issues. He noted there was a low spot in the road and a culvert would be installed. Randy Brown stated the application would be for $35, Commissioner Steninger inquired what the County s obligation would be. Randy Brown stated the County s monetary obligation would be approximately $4,900 and in-kind services would be around $7,000 which would come from our Buildings and Grounds people along with himself. Commissioner Steninger inquired where the cash would come from. Randy Brown stated the cash funding would come from the Recreation Fund. MOTION: Commissioner Dahl moved to give authorization for Staff to apply for the Nevada Department of Wildlife Hunter Education 2016 Shooting Range Grant - Wildlife Restoration Act Fund in the amount of $35, with a 25% match by Elko County in the amount of $4, cash funding and $7,000 in-kind services for improvements to the Elko County Public Shooting Facility. Commissioner Steninger seconded the motion. The motion passed unanimously. 3:12:29 PM: IX. ELKO COUNTY NATURAL RESOURCE INFORMATION HEARINGS: Discussion and consideration of the upcoming Resource Information Hearing scheduled to be to be held in March by the Elko County Commission. The selected topic by the County Commission is related to Sage Grouse Focal Areas and the potential impacts to the environment, wildlife and multiple public land uses such as hunting, ranching, mining and outdoor recreation. Commissioner Steninger had been working with Randy and they had developed a list of people to invite and drafted questions to pose to them. He stated there were some rumblings that there may be some interest in congressional hearings. He noted Commissioner Dahl would be in Washington PAGE 16

17 next week and he would assess that interest. He stated they would work closely with them to coordinate with what they would ask. Commissioner Andreozzi inquired if in developing framework could they do this in a workshop format and would that help reach their objective. He suggested they be held in the conference room. Commissioner Steninger recommended they hold them in the meeting room. Commissioner Guttry inquired if they would have testimony from individual people. Commissioner Steninger stated yes and it was critical to focus upon one topic such as who developed these maps and under whose direction/authority. He stated they discussed allocating one hour per meeting but that may not be possible. He stated they don t have to answer every question within one day. He asked that they keep this item upon every subsequent agenda. Commissioner Guttry inquired about Commissioner Dahl s trip to Washington. Commissioner Dahl stated he would be attending the Western Interstate Region and NACO meetings in Washington D.C. and would be back on the 23 rd of February. He would speak to the Western County Alliance meeting tomorrow. Robert Stokes clarified this would be done at the midmonth March meeting but it may be changed. Commissioner Steninger stated they were inviting people now so it would depend upon their response. Gene Gustin stated the idea of encouraging Congress to reign in their agencies and assist the counties and states was a good idea. He felt they should encourage Congress to focus on how did we get here and who did this? He noted there was lots of litigation. Gene Gustin stated in conversations with the Forest Service today they were looking at the idea that the Nevada Governor had changed maps and offered dropping some particular projects in exchange for other things. He stated if that was to occur and the Department of Interior would implement that process it might take a year and a half or two years. He stated they may have to go back to the national register for notice and there would have to be a supplemental to the draft EIS, etc., and who knows where litigation would end up. He stated there would be appeals upon the case. Gene Gustin stated the idea of having the County look at this to see how we got here was a good effort. He suggested they ask Congress to step up and focus upon the legal issue if the agency had the ability to do what they were doing. Commissioner Dahl stated just because Congress wants it to be done differently does not mean very much because they held a field hearing on travel management and the subcommittee held the hearing but the Forest Service did not change but one rule. He stated the Forest Service did allow ATV elk retrieval within ½ mile of road between 9:00 am and 3:00 p.m. which was all they got out of the congressional hearing. PAGE 17

18 3:21:56 PM: XI. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager s Office. B. Approval of minutes: January 6, 2016 MOTION: Commissioner Dahl moved to approve the Consent Agenda. Commissioner Steninger seconded the motion. The motion passed unanimously. 3:22:41 PM: XII. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS: Commissioner Guttry stated it was a good idea of having meetings in Midas, Tuscarora and Jackpot every few years for the Commission to meet with those folks. He noted at Midas and Jarbidge there was a good public turnout. He believed they should consider scheduling them in the summer and noted the people appreciated them going to their community. Commissioner Steninger suggested fall meetings. Robert Stokes stated 15 years ago they traveled six months out of the year during mid-month but due to budget considerations they reduced that and combined some of the communities together. He noted they took a hiatus for several years because there was a ton of county officials there but only a few members from the community. Robert Stokes stated he would draft a schedule for their review. 3:27:21 PM: XIII. COMMENTS BY THE GENERAL PUBLIC: No public comment was submitted. 3:27:54 PM: XIV. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 3:27 p.m. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk GLEN GUTTRY Chair PAGE 18

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