Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Demar Dahl Glen Guttry Charlie Myers Warren Russell R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Wednesday, March 21, 2012, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners R. Jeff Williams, Chair Demar Dahl Glen Guttry Charlie Myers Warren Russell County Manager Robert Stokes CFO/Asst. County Manager Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Sheriff James Pitts Adm. Deputy Treasurer Cheryl Paul Planning/Zoning/NRMAC Randy Brown Chairman Williams called the meeting to order at 1:31 p.m. Ken Wellington led the meeting participants in the Pledge of Allegiance. I. COMMENTS BY THE GENERAL PUBLIC: Ken Wellington, Chairman of the Elko County Wildlife Advisory Board, reported upon the Heritage Program funding awarded to the Advisory Board to study the mule deer migration patterns within the Ruby Mountain Range. He stated this funding would provide for aerial flights of the collared deer and study the deaths of the mule deer. Ken Wellington stated there were four rams and several ewes spotted in the Bruneau River Range which was a domestic sheep range and he had spoken with State Wildlife Commissioner Mori. Ken Wellington stated the Idaho/California bighorn had moved down from Idaho and there was PAGE 1

2 some fear of interaction with the domestic sheep and possible disease. Ken Wellington stated NDOW was attempting to confirm those sheep within that range and then would look at options. He stated another issue discussed was Utah wolves. Ken Wellington stated they had a presentation from Ryan Benson, of Big Game Forever, and suggested a similar presentation be given to the County Commission. He stated the US Fish and Wildlife were considering introduction of 150 to 200 pairs of grey wolves within the Dixie National Forest. He stated in the New Mexico National Forest they had introduced 400 pairs to control big game which was seventy miles south of the Utah border. He stated the County s Advisory Board was concerned because these animals move about 140 miles a week. He stated they asked the State Wildlife Commission to monitor this. Ken Wellington may ask the Commission to submit a comment letter to the US Fish and Wildlife on this issue. He stated Robert Stokes had forwarded Mr. Reynolds correspondence to him. He stated there was a NDOW maintained 10 acre parcel that they want to encompass into the National Wildlife Refuge in Ruby Valley. Ken Wellington stated it would impact the CCR road through Ruby Valley. He questioned whether it was a County maintained road and he was concerned about road closure. Ken Wellington reported Tahoe Basin and No Hunt Nevada have attempted to keep the hunt out of the Incline Village/Tahoe Basin area and now want to expand their efforts to other areas. He stated the trapping regulation was set by the last Legislature. Ken Wellington reminded them of the sage grouse symposium tonight. He stated the US Fish and Wildlife would attend as well as Shawn Espinoza from the Department of Wildlife to give a power point regarding the listing and status of the sage grouse and Peter S. Coates, a biologist from USGS Western Ecological Research Center, speaking upon predation and mitigation. Commissioner Myers inquired if there were numbers on the sheep from Idaho. Ken Wellington stated it was estimated at forty head. He noted the Spanish Ranch had three bands of domestic sheep so the Ranch was informed they were not trying to create a herd in that area. Ken Wellington stated there had been aerial flights but NDOW had not spotted the herd. It was thought the herd was a transit herd moving back and forth to Idaho. Commissioner Myers inquired who wanted to introduce wolves to the State of Nevada. Ken Wellington stated the US Fish & Wildlife were proposing introduction into the Dixie National Forest but the concern was the wolves could easily travel into Nevada. Commissioner Myers stated with regards to the piece of property in Shanty Town they had not received any backup information. Robert Stokes stated NRMAC and the County Wildlife Advisory Board were reviewing the issue. Ken PAGE 2

3 Wellington stated there was a prewritten letter from Mr. Reynolds for the County Commission directed to Senator Reid. Ken Wellington stated it would be before his board on the May agenda. Commissioner Dahl inquired how many wolves and who would plant them on the Dixie National Forest. Ken Wellington stated 150 pairs by the US Fish & Wildlife. He stated they were doing an EIS for public comment. Commissioner Dahl had spoken to a representative from the Dixie area who thought there were half those amounts to be transplanted. Ken Wellington stated Ryan Benson had informed them when they talk about 150 it meant pairs. Commissioner Russell inquired where the wolves come from. Ken Wellington assumed from Mexico. Commissioner Williams inquired why the sheep were coming in from Idaho. Ken Wellington stated the sheep were coming in because of the country but they do not want interaction with the domestic sheep because of disease. He stated the closest sheep were Rocky Mountain Sheep in the Contact area. Commissioner Williams noted at a NRMAC meeting they discussed that the wolf should be a game animal. Ken Wellington stated if it was classified as game animals they have management powers over the animals. Commissioner Dahl recommended Butch Otter, Idaho Governor, form an alliance with the Nevada Governor on the wolf issue. Harry Botsford had seen two wolves in his lifetime and highly objected to them being brought in. He considered it an act of premeditated murder if any human beings were killed here. He stated humans would be killed if the wolves get in large packs and everyone knew that would happen. He suggested trapping them and putting them back east. Harry Botsford noted they were not doing it to themselves so they should stop doing it to us. Sheriff Jim Pitts received s from other sheriffs around the state. He stated at the Western Sheriff s Conference the Forest Service approached them about a proposal to expand their law enforcement authority on roads located on or adjacent to Forest Service lands. Sheriff Pitts had spoken to several Sheriffs throughout the State and have a strong opinion that this would not be allowed. He would address a letter to the Forest Service stating that he did not agree with the authority the Forest Service was attempting to achieve. Sheriff Pitts understood the Forest Service wants to expand their law enforcement authority to roads surrounding the Forest Service land. He would submit copies of the Forest Service proposal. Sheriff Pitts stated Sheriff Allen Veil of Lyon County suggested they become a coordinating agency with the Forest Service so they can hold public hearings on this. PAGE 3

4 Commissioner Dahl inquired if the Forest Service was still writing tickets on the Mountain City Highway. Sheriff Pitts stated not since their meeting with them. Commissioner Myers voiced concern because BLM came in first and requested to be recognized as law enforcement. He stated Congress did not recognize them as law enforcement. He did not believe it was the County s responsibility to help the Forest Service to police. Commissioner Dahl suggested they hold a meeting when they receive that information. Commissioner Williams stated they could sign on as a coordinating/cooperating agency to be at the meetings where those decisions were made. Commissioner Dahl suggested they clarify who had the authority and where. He suggested the Sheriff contact the people in Northern California and Arizona to let them know what was happening here. Sheriff Pitts was researching whether the Forest Service law enforcement officers were POST certified. He explained for them to enforce the State laws they have to be POST certified. Sheriff Pitts stated Nye County wrote a Resolution in opposition and would provide them a copy of that. He reported several Nevada Sheriffs were opposed to this. Commissioner Myers voiced concern the Forest Service was going to the Nevada Sheriff s Association rather than go to the County Commissions. Commissioner Williams understood the County Sheriff was the leading law enforcement within the County and everything should go through the Sheriff s Department because they have jurisdiction. Sheriff Pitts stated if there was an officer safety issue their deputies would be there but this was an attempt to expand Forest Service powers. He noted that if it was upon roads adjacent to the Forest Service that would include almost every road within Elko County. Commissioner Myers noted the Forest Service used that reason to issue tickets upon the Mountain City Highway. Commissioner Russell noted there was a movement called Sheriff s First Movement. The movement stated that any federal agency must first come to the Sheriff of the County first before they apprehend, before they execute warrants, before they take any actions within that County. He stated they had to notify and consult with the Sheriff in that County. Commissioner Russell stated the reason the Forest Service went to the Sheriff s Association was because they do not have the authority and it would have to be given to them by the County or the State. He was opposed to granting any such authority to the Forest Service or the BLM for law enforcement activities. Commissioner Russell stated if they asked to be coordinating/cooperating agency it would lend some legitimacy of the PAGE 4

5 request of the Forest Service. He opposed that particular activity and felt a movement should be formed within the State of Nevada to make Nevada a Sheriff s First State making it clear to federal organization that they would not proceed outside of federal jurisdiction without speaking to the County Sheriff first. Commissioner Russell read a portion from Article II, Section 1 of the Constitution of the United States. 2:03:30 PM II. NEVADA STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES: Division of Health: Public Hearing by the Nevada State Department Of Health And Human Services Division of Health to accept public comment on a certificate of need request by Elko Health Care, LLC to construct a 34-bed addition to the Highland Manor of Elko, bringing the total licensed capacity to 146 beds. Laura Hale, of the Primary Care Office, Nevada State Department of Health and Human Services, stated they were here today to review the application from Elko Health Care. She acknowledged that Gary McGuire, Elko Health Care Administrator and Bill Ross, who prepared the application, were present at the hearing to answer any questions upon the application. Laura Hale stated they would take public comment today. The decision would be made by the Director of the Department of Health and Human Services within thirty days upon the application. Laura Hale stated Elko Health Care operates the only licensed skilled nursing facility along the I-80 corridor between Salt Lake City, Utah, and Reno, Nevada. She stated there were swing beds in Battle Mountain General Hospital and Humboldt General Hospital that serve as an interim basis. Laura Hale stated the application contained graphic data on Medicaid utilization to support a projection that 205 beds would be needed by 2017 and their overall occupancy could average about 81%. She stated they were doing their long term financing with their reserves so there were no loans or long term mortgage expenses associated with this construction. Laura Hale stated Elko Health Care was not intending to raise their private pay rate as the result of this construction. She stated the cost for the proposed addition would be $63,957 per bed compared to an estimated $125,000 per bed if they were to construct a new facility. Laura Hale stated they conducted a review internally and they received a clean bill of health. She noted references were received from the Northeastern Nevada Regional Hospital and Copenhaver and McConnell, Attorneys at Law. Laura Hale said the State Medicaid Office wanted to know if Elko Health Care LLC would be adding behavioral health beds and they were informed the new wing would be for Alzheimer beds. She stated the full application was available for viewing at the back table. PAGE 5

6 Laura Hale called for public comments. Commissioner Williams inquired why they were holding their hearing at the County Commission meeting rather than at the Elko City Hall. Laura Hale responded this facility served multiple counties. Commissioner Russell inquired if this was a private corporation which operated this facility. Gary McGuire, Administrator of the Highland Manor, introduced their consultant, Bill Ross who prepared the Certificate of Need. Gary McGuire stated they were a not-for-profit corporation with three entities under Desert Care Facilities in Fallon, Elko, and Mesquite. Commissioner Russell inquired if there was available workforce to staff the extension to that facility. Gary McGuire stated they were constantly looking for professionals who want to make it a career. Gary McGuire stated they have an Agreement with GBC for training of nurses and certified nursing assistants. He stated with the additional 34 beds they would have to enhance what they were doing possibly through grants in conjunction with the tuition at the college or tuition reimbursement. Gary McGuire stated it would take 18 months to two years before approval was given and the beds were available. He would work with the stakeholders in the medical community to attract and retain more qualified health care workers. Gary McGuire stated the certified nursing assistants do their rotation now at Highland Manor and their staffing was in the top 5% ratio of the 43 nursing facilities within Nevada. Commissioner Russell asked if they were fully staffed at this time. Gary McGuire replied in the affirmative. Commissioner Russell inquired if they were staffed in all positions to provide quality care for all those patients at Highland Manor. Gary McGuire replied they have no staffing problems currently. He stated with the addition of the thirty-four beds it would require incremental staffing increases. Commissioner Williams inquired if there were certain requirements for them within the law to have adequate staffing. Gary McGuire stated there were four levels of staffing. Gary McGuire said the State would look at whether they have a sufficient number of the proper staff with the proper training to meet the needs of the residents that they were taking care of. Commissioner Guttry inquired about the ratio of the private paying people compared to the Medicaid patients. Gary McGuire reported currently of the 112 beds they were at capacity and in the Alzheimer/Dementia Unit they were at 26 of the 27 beds. He stated they were at 58% Medicaid revenue, at 23% to 25% Medicare revenue and 20% of PAGE 6

7 their revenue was from private pay. Gary McGuire believed by the time the additional beds were added it would be 60% to 65% Medicaid revenue. Commissioner Myers voiced support of this corporation and commended them upon the services they provided. Chris Johnson, Elko City Mayor, supported the expansion for the community. He had looked at the local demographics and age ratios of the society wherein these types of facilities would be beneficial to keep the family members closer and where they would receive good care. Grant Gerber, owner of Beehive Homes, voiced support of this expansion. He noted sometimes they were in competition with them but they were fair and good and sometimes fill a need that Beehive could not provide for. Commissioner Dahl inquired if the new National Health Care Plan had affected his operation. Grant Gerber stated they had not been affected because they were mainly private pay; they only have some indigents. Commissioner Dahl voiced concern about rooms for the indigents. Commissioner Williams inquired if they owned the apartment complex also. Gary McGuire stated they owned the three entities: the 80 bed senior apartment housing; the 35 unit private, assisted living, rooms, and the 112 beds skilled nursing facility. Commissioner Williams commended them upon the security and appearance of the facilities. MOTION: Commissioner Myers moved to support a Certificate of Need from the Nevada State Department Of Health And Human Services for the Highland Manor. Commissioner Russell inquired if the Department of Health and Human Services wished to ask questions of the people that submitted testimony. Laura Hale stated they had asked clarifying questions as part of their application review and this process was to obtain public comments. Commissioner Russell seconded the motion. The motion passed unanimously. 2:27:58 PM Commissioner Russell left the meeting room. 2:28:24 PM III. ELKO COUNTY TREASURER S OFFICE: Trustee Property Auction /Sale: Discussion and consideration of approval for the Trustee Property Auction /Sale on May 11, MOTION: Commissioner Myers moved to approve the Trustee Property Auction/Sale on May 11, Commissioner Dahl seconded the motion. Commissioner Williams inquired if this happened twice a year. Cheryl Paul PAGE 7

8 clarified that in the past it was held in the fall but from now on it would be held in the Spring. Cheryl Paul, Administrative Deputy Treasurer, explained the procedure of delinquent taxes. Commissioner Williams wanted the people to recognize they would not be reimbursed their money. He noted there may be roads across this property. 2:29:45 PM Commissioner Russell returned to the meeting room. Cheryl Paul stated Otis Tipton reviewed the listing and one item was removed because a road went through the parcel. Commissioner Guttry inquired if they held a sale in the fall. Cheryl Paul stated when Ceasar Salicchi was Treasurer they would hold spring and fall sales. The motion passed unanimously. 2:31:51 PM Commissioner Dahl assumed control of the meeting. IV. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICT TRAVEL MANAGEMENT PROJECT: Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project FEIS/ROD including a briefing from Wendy Fuell, U.S. Forest Service, a review of the Congressional Hearing held on March 12, 2012 and the development of a resolution of joint support with other affected counties and organizations. Wendy Fuell, US Forest Service Mountain City District Ranger, reported they received their SHPO concurrence and had received a letter allowing them to go forward with this process. She stated they were in the process of finalizing the Record of Decision, working on getting the maps in order, and making sure the tables were in order. Wendy Fuell welcomed an opportunity to visit with the Commissioners and the Tribe on the specifics prior to issuing the Decision. She stated this was an ongoing process and this was just the beginning of the process. Wendy Fuell stated some of the Districts had initiated public comment on revising their Motor Vehicle Use Management Maps that were previously issued. Wendy Fuell expected this to occur in Elko County as they move forward. Commissioner Dahl inquired if there was a possibility that the Forest Service would change their position on dispersed camping, big game retrieval, cross country travel, etc. Wendy Fuell believed there was opportunity for discussion especially upon dispersed camping because there may be additional areas that have not been identified or there may be issues with not having enough. Commissioner Dahl inquired if this was just tweaking the plan around the PAGE 8

9 edges or was there room for real substantial changes such as cross country travel. Wendy Fuell stated they could not consider cross country travel at this point. Commissioner Williams inquired what District was reviewing their Travel Plan. Wendy Fuell stated there were five districts: Bridgeport, Austin, Tonopah, Ely and one more. She stated there would be a press release going to Elko Daily Free Press on those five areas within the Humboldt-Toiyabe Forest. Commissioner Myers had informed Eric Petlock that he thought the travel management process was flawed. He stated Eric Petlock was going to visit Senator Reid s Office and Commissioner Myers had suggested that Senator Reid become engaged in the process and observe how like entities do not have the same amount of authority. Commissioner Myers stated that even though you might be a cooperating agency you have no say in the final decision even though it affects your citizens. Wendy Fuell stated in moving forward to finalize the Record of Decision there would be additional non designation of roads. She explained the reason was they have private individuals that do not want public access provided across their private lands and they do not want those roads on the map. She stated an additional reason was they have to avoid historic properties and they would need to conduct a cultural inventory upon ten miles. Wendy Fuell hoped to conduct those inventories and bring that ten miles back in prior to finalizing the motor vehicle use maps which was to occur sometime in August. She stated another reason was that some of the roads that were identified were utility corridors, two tracks, which would be fifty or more miles of additional non designation. Commissioner Dahl inquired if the non designation meant closed. Wendy Fuell stated they would not be included in the motor vehicle use maps, yes. She had spoken to Randy Brown and they hoped to continue to work with private landowners. She stated as these properties change in the future then they can provide access and open those areas back up. Wendy Fuell voiced concern about the amount of private in the Mountain City District. She commented there would be limited access to the southwest portion of the Wild Horse Lake, State lands, tribal lands and BLM lands as well. Commissioner Dahl commented it was still the Forest Service s decision to close the road regardless of the private landowner. Wendy Fuell stated the Forest Service could not force themselves upon the private landowners and cannot show a road that crosses the private property on the map inviting the public to cross onto that private. Commissioner Dahl stated the road was present now so it was the Forest Service s decision not to show it on the map. PAGE 9

10 Wendy Fuell replied that was at the landowner s request. Commissioner Myers inquired about the road behind the private property. Wendy Fuell stated that was the only way to access the road was through the private. She stated they do have letters and have personal contact from the private landowners who do not want the roads shown on the map. Commissioner Williams noted two years after there was no access granted then the road would be eliminated. Wendy Fuell stated where they know they would not grant access. She stated there were other roads upon the Jarbidge-Ruby Mountain District where there were more questions and they were working with the landowners during that two year period. Commissioner Dahl inquired on the non designated roads at what point the Forest Service starts issuing citations. Wendy Fuell stated they would go through an education program; they would work with the public, hold public meetings, and speak about motor vehicle maps. She stated issuing tickets was not a priority. Commissioner Dahl inquired when they would issue citations. Wendy Fuell did not have an answer to that question. Commissioner Dahl inquired if it was a $5,000 fine or 6 months in jail if you were cited on a non designated road whether it was marked non designated or not. Wendy Fuell understood there was a set limit that a law enforcement officer can ticket someone for being off a designated road that was not consistent with the motor vehicle use map. She understood it was up to $ including the administrative fee. Wendy Fuell stated if that person was off the road and did not have a license, cutting wood illegally, etc., there could be additional fines. She stated if they do not want to pay it; they can go before a judge and the judge could impose the $5,000 fine or imprisonment. Wendy Fuell stated a law enforcement officer could not impose an imprisonment. Commissioner Dahl requested the CFR number. Wendy Fuell did not have the number with her. Commissioner Myers stated it was clearly spelled out in 36 CFR up to $5,000 and/or 6 months in jail. He stated the law enforcement officer may be able to give a ticket at a lesser amount. Commissioner Dahl questioned whether the Forest Service could cite visitors to the Forest Service for not having a valid driver s license. Wendy Fuell was not sure if that was a federal law. Commissioner Russell inquired if she was aware of the County pending FOIA request being unanswered. Wendy Fuell became aware of such request based upon Commissioner Myers testimony. She had contacted Randy Brown PAGE 10

11 and Commissioner Myers to get a copy of that request. Wendy Fuell stated she did not have any record of that request. Commissioner Russell inquired if her Supervisor was aware of any pending FOIA request from Elko County. Wendy Fuell replied her supervisor did not know of any request and asked that she search for it. Commissioner Russell inquired if Harv Forsgren, Intermountain Regional Forester was aware of any unanswered pending FOIA requests. Wendy Fuell believed he did not know of any pending FOIA requests. She stated the last FIOA response they provided was in October. She said they were unaware of any other FIOA requests. Commissioner Russell stated if they move ahead with the Record of Decision they would move forward without knowing of any pending FOIA request by Elko County that has not been responded by the Forest Service. Commissioner Myers voiced concern about the process and this latest information of an additional 50 miles of road. He inquired if the additional 50 miles of road was separate from the private. Wendy Fuell clarified that in the proposed action in the FEIS there was about 130 miles of roads that would not be designated and this would be in addition to that 130 miles. She stated that was still within the 90%. Wendy Fuell stated that if they took the Forest System Roads and the unauthorized roads and added them together and then looked at what they were not designating, the Forest Service was still designating 90% of the roads that were on the ground; that they know of. Commissioner Dahl stated the County has never received a comprehensive analysis of all the roads from the Forest Service. He commented the Forest Service was guessing that 10% was what was left out there. Wendy Fuell replied yes, of what roads they know of. She commented that every section had a number assigned to it and there was a risk matrix that talks about the resource issues. She stated that was another reason why some additional miles were not included; it was based upon consultation with the US Fish and Wildlife Service. She stated in the Jarbidge-Ruby Mountain District there was the Lahontan Cutthroat Trout and the Spotted Frog issues which affected 13 miles. Commissioner Russell requested the County Manager provide the Board members with a list of addresses that the FOIA request was mailed. Commissioner Guttry voiced concern that the roads were marked open rather than closed. He commented that there were more roads open than closed so it would be less expensive to sign the roads closed. Commissioner Guttry stated if someone was traveling through the State they would be unaware that PAGE 11

12 they had to go into a Forest Service Office and pick up a map. He stated they would get a ticket if they ended upon on a closed road and that would leave a bad impression about going anywhere in the forest. Wendy Fuell stated marking roads open was a national standard and was unsure of the reason they mark roads open. She felt there would be less vandalism. Commissioner Williams believed more roads would be closed. Commissioner Williams clarified that the Forest Service was designating a road system and everything else would be closed. He stated over 100 miles would not be used by the American public and now the Forest Service has decided on additional miles of roads that would be closed. Commissioner Williams stated the Forest Service was now negotiating with the ranchers but in a two year period there would be more roads closed. Wendy Fuell stated they could not force the people to give them access. She stated many of those people have permits that they were administering and there was very little impact to them. Wendy Fuell stated permittees had previously voiced concern about the types of activities that were occurring because of off highway actions such as fences being cut, riparian damage, etc. Wendy Fuell stated the testimony behind the SB 394 supported the vehicle registration bill because of those types of issues. She stated those private property owners were not upset that they don t have to provide public access, they were administering their permit, they have access they need, and they do not want public crossing their private land. Commissioner Williams inquired if Wendy Fuell had seen the letter from NDOW that was sent to the Forest Service regarding crossing private lands and how the Forest Service would congregate the sportsmen in just a few specific areas. He noted this would cause more damage instead of less damage. Wendy Fuell stated they were trying to provide access to the public and trying to work with the landowners. She reiterated that they could not include roads on a motor vehicle use map inviting the public across private property where private land owners have expressly shown that they do not want that. Commissioner Dahl stated he had met with Ed Monnig on this issue earlier and he had objected to this because his grandchildren would be locked out from public lands due to private landowners. He stated a lot of the landowners would allow public access if asked. Commissioner Dahl stated that if the Forest Service takes the position that if somebody won t give a public right of way across their private property then the Forest Service would close the road that goes through that property or from that property on. He stated in 90% of the cases it is not the landowner that was going to block the public out of particular forest, it was the PAGE 12

13 Forest Service. Wendy Fuell disagreed because the Forest Service could not force their way across private property. Commissioner Dahl stated the Forest Service was not being asked to. He suggested they leave it as it was currently leaving the road going off the private property open so if an individual goes to the private property owner and requests access he could gain access across the private property to the public lands. Commissioner Dahl stated if the Forest Service closes the road behind the private property then they could not access the forest. Kristin McQueary stated there were a lot of roads within Elko County that were initially RS 2477 roads; that over the course of time now was included within private property. She stated the Forest Service with a bigger budget may be in a better position to do historical research on those roads. Wendy Fuell stated their budget was shrinking and they can barely maintain the roads that they have to the level that they need to. She volunteered to work together to address these issues. Commissioner Russell inquired how many law enforcement officers they had. Wendy Fuell replied one law enforcement officer covers the Northeast Zone. Commissioner Williams stated Wendy Fuell had commented that they could barely take care of the roads they have now but after the Record of Decision they would have more. He inquired how they would maintain the additional roads they were bringing into their system. Commissioner Williams stated years ago the ranchers/sportsmen committee studied the access issue. He stated the Farm Bureau had a list of requests for the ranchers to consider before they let their roads go to public transportation for the forest. He stated most of the concerns were about liability, gates, cattleguards, gravel on the roads, fixing the ruts, etc. Commissioner Williams inquired what criteria the Forest Service was giving the ranchers when negotiating with them to acquire the public easement. Wendy Fuell stated they have not had those discussions. She stated as far as access from the forest boundary to their private land, the private landowner can acquire a private easement or right of way to be able to access their private land. Commissioner Myers stated if they were not recognizing 10% of the roads then they would recognize less than 2,100 miles of road minus the additional roads she just spoke about. Wendy Fuell stated it was less than 1,900 miles of roads but they have not finalized the Record of Decision. PAGE 13

14 Commissioner Myers understood they would close an additional 129 miles of roads plus the 50 miles of roads. He inquired if that included the unauthorized, non-recognized roads. Wendy Fuell stated no, they were not included in the mix right now. She stated the roads they did not know about, that they might have missed or have not come to their attention at this point were not included. Commissioner Myers commented that some roads may parallel in some areas and somebody may assume those roads goes to the same place and they might not authorize one of the roads so it was not picked up on the map. He noted once a road was not placed on the map it became closed Wendy Fuell stated the Forest Service realized their data was not perfect; that their maps were not perfect; they would catch things and things would change. Commissioner Myers believed the number of miles of roads that would be closed would be more than 10% if they look at the unauthorized, non-recognized roads. He did not believe they knew how many roads were not recognized and felt that number was huge. Commissioner Myers objected to the Forest Service land being kept open behind the ranchers of ranchers that would not allow public access. He supported their right to say no to public access. He stated if they do not put those roads on the map from that private property into the forest then there was concern for firefighting. Commissioner Myers stated there was already an issue with sage grouse and a good fire could burn up half of the leks and the bird would be listed. He believed the prudent thing was to plot those roads. He stated a rancher may be up there mending a fence using a back road and a hunter would see him and ask why they could not go up there. Commissioner Myers stated if they do not use the roads it becomes overgrown and they would not be able to use them to fight the fires. Wendy Fuell stated when she started looking at travel management planning one of the questions was access, de-facto Wilderness. She looked at the roads being proposed for the Mountain City District, with buffers of half a mile and one mile around the roads. She stated they could access almost 100% of the Mountain City District by using the one mile buffer on the roads being proposed. She stated if the buffer was dropped to one-half a mile then they could access 97% of the forest. Commissioner Dahl stated Randy Brown said there were 960,000 acres within the Mountain City District that would be closed. Wendy Fuell would provide them a copy of those maps. Commissioner Dahl stated they were drafting a Resolution from Elko County with all the other counties they had been working with. He stated in the PAGE 14

15 Wallowa-Whitman National Forest in Portland they will close almost 4,000 miles of roads and affect 1.3 million acres. He stated most of that forest was limited to bicycles, horseback or walking. Commissioner Dahl stated they were working with Baker County and eight other counties in alliance with them who wanted to contribute verbiage to Elko County s Resolution. He believed the 10% estimate was not the correct amount of roads that would be closed because this was happening within the other forests. Commissioner Dahl agreed with Commissioner Myers that the non-designated roads were not on their systems and the Forest Service was unsure of the amount of roads under that classification. Wendy Fuell stated there were extensive cultural inventories being performed and they had found few additional roads. Commissioner Dahl asked Randy Brown how many acres would be locked off of motor vehicle use. Randy Brown replied 960,000 acres would be locked off from motor vehicle use in Elko County. He stated 35% to 40% of the roads would be omitted. Randy Brown stated in January he compared the Draft EIS to the Final EIS and identified a difference of approximately 60 roads that were omitted from the Final EIS that were shown on the Draft, without cause. Randy Brown stated that in itself raised the issue of how many roads was out there and how many were omitted from the motor vehicle map. He stated with regards to the $5,000 fine and penalties; he pulled ten of the motor vehicle maps across the country and that statement was upon the maps. Randy Brown commented there was an additional statement on the map whether the road is marked closed or open, or was not signified in any manner meaning that you have to have a motor vehicle map to enter on the Forest Service to travel about. Randy Brown stated the other states have told them you cannot follow the maps so you do not know if you were on a legal road or not. Commissioner Myers stated there would be a huge economical impact because the historic hunters come from out of State and would go to their familiar hunting locations and would not know if a road was closed because it would not be marked. He stated if the Forest Service did not have sufficient money to take care of their current roads how would they have sufficient money to make all the maps necessary so that the public was aware a road did not exist anymore even though it was on the ground. Randy Brown stated Forest Service s budget was $5.8 billion dollars a year with 221,000 employees. He stated if they cannot afford employees to do this then why they were doing any of this. He suggested they turn the properties back over to the States. PAGE 15

16 Randy Brown stated changes have to be made to NEPA not only because of the Forest Service but for the BLM as well. He stated local governments should have more control over the local planning. He said the coordinating/cooperating agency status was a joke. Randy Brown stated they sat in meetings with Tom Montoya and Gar Abbas and they were told the Forest Service would wait for two years before doing anything with the private roads. He noted now Wendy Fuell was informing them they would be closed. He stated people could change their minds and may allow public upon those roads. Randy Brown stated a lot of these roads were used prior to the establishment of the Forest Service. He stated now those roads would be closed because the Forest Service was doing a motor vehicle use map which shuts the public off. Commissioner Russell inquired how many points of initial entry on these roads would be closed. Randy Brown stated in the Mountain City area there was a lot of private properties. He stated in the Ruby Mountain Range and East Humboldt there was approximately 40 points of access that were privately owned. Randy Brown estimated 200 to 300 points of access in the Mountain City District. Commissioner Russell stated they could purchase 500 signs and place them on those roads that would be closed to the public which would signify what the Forest Service was attitude that they could not use the road or they would be trespassing. He noted the Forest Service stated they did not have the funding to mark the roads but for $1,000 they could put up No Trespassing signs on every single road closed. Commissioner Myers stated if the Forest Service continued to say they would only close 129 miles of roads and that consisted of approximately hypothetically 200 accesses then he would go to the budget committee to buy road closed signs so Elko County residents don t get into that 36 CFR. Randy Brown stated the issue with the in-holding properties was the road closed shut off the public from the roads but in-holders could go to the Forest Service and apply for a permit to use the road to access the public property. Grant Gerber reported after the Congressional hearing they visited with out-of-state County Commissioners. He stated it was suggested that the Elko County Commission schedule an annual meeting to invite other County Commissioners from around the country to stay informed. Grant Gerber suggested a national conference next year. He stated Jennifer Sprout of the Chamber of Commerce encouraged a conference in March. He spoke to Don Newman of ECVA and he felt the convention center would be open. Grant Gerber stated the City Mayor believed the City would support an annual conference. He requested they schedule a conference upon their next meeting PAGE 16

17 agenda. He stated they may encourage Congressmen to attend the conference. Grant Gerber stated Commissioner Dahl had worked with seventy counties. Commissioner Dahl stated the counties wanted to see some action now. Grant Gerber heard of marking the roads open rather than closed in the early 1980 s when dealing with Wilderness. He stated that idea was presented in the Forest Service Offices in Sparks. Grant Gerber stated Forest Service was doing exactly what the Nevada Sierra Club President proposal thirty years ago to mark roads open rather than closed. Grant Gerber represented a rancher regarding roads closed behind his ranch. He stated the rancher did allow hunters up in the canyons behind his ranch but he monitors how many have access. Grant Gerber stated the rancher would not authorize an easement through his ranch to the Forest Service. He stated the reason was the public would have to park on his private property to access the canyon. Grant Gerber stated the Forest Service would significantly close a recreational area. Randy Brown stated Steven Regan of Take Back Utah had inquired if Elko County wanted to be involved in a rally to take place in Wendover on the 19 th of May. He stated Steven had spoken to David Tilger and there was a lot of interest. Commissioner Dahl volunteered to furnish the semi-truck. Commissioner Dahl would get more input on the draft Resolution from the other counties. He suggested the Resolution be signed by all Commissioners. Jack Larason, Lamoille, Nevada, understood Wendy Fuell say that the law officer could assess the fine. He believed the law officer had a bail schedule and could write a citation for that bail to be posted. He stated they could post the bail and if they fail to show up for the Court hearing then the bail was accepted in place of a guilty fee. Jack Larason stated the law officer could not recognize the violation and then assess the fine. Wendy Fuell stated she was not familiar with the law enforcement program. Harry Botsford stated the County and the Forest Service were hired by the people to maintain access rights of ways to the multiple resources of our western environment. He did not think the Forest Service since 1904 has bought any roads. Harry Botsford stated the most needed thing in the United States today was travel management for people who want to visit our lands but have no idea what they were like. He stated they need access roads that should be sanctioned to certain levels. He commented that the citizens charter the County to maintain certain County roads. Harry Botsford believed the Forest Service was going at it in a negative way. He stated they have to guarantee him his rights and access across these lands but County Ordinances require the people to buy the land and maintain those rights of way. Commissioner Williams stated the sportsmen and recreationists want more PAGE 17

18 access roads into the Ruby Mountains across the private property but they want it done in the right way and through proper negotiations. 3:28:35 PM V. US DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT: Greater Sage-Grouse Interim Management Policies and Procedures Instruction Memorandum (IM) No Discussion and consideration of issues related to the Greater Sage-Grouse Interim Management Policies and Procedures IM including impacts to public lands management processes and operations including possible discussion regarding the impacts upon the China Mountain Wind Power Project, gas exploration leases and other public land management impacts. Commissioner Dahl asked if the Board had read Resolution No Commissioner Myers stated in the newspaper it said 100,000 but the BLM stated 42,000 in Elko County not 61,000 acres. Robert Stokes stated the 100,000 was the total of the offering. Commissioner Dahl read Resolution No into the record. 3:30:42 PM Commissioner Myers departed from the meeting room. 3:34:05 PM Commissioner Myers returned to the meeting room. MOTION: Commissioner Myers moved to adopt RESOLUTION NO , entitled: A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS IN OPPOSITION TO THE BLM GREATER SAGE-GROUSE INTERIM MANAGEMENT POLICIES AND PROCEDURES INSTRUCTION MEMORANDUM (IM) NO INCLUDING OPPOSITION TO THE DELAY OF THE RES AMERICA CHINA MOUNTAIN WIND POWER PROJECT AND FUTURE NEGATIVE IMPACTS TO PUBLIC LANDS MANAGEMENT POLICIES AND PROCEDURES. Commissioner Guttry seconded the motion. Commissioner Dahl called for public comment Greg Brorby, of Nevada Energy stated they were a partner on the China Mountain Project. He thanked the County Commission for opposing the BLM IM. Greg Brorby stated the two year delay brought into question whether they could complete the project. He stated this would affect development within the whole region with this length of delay. Commissioner Guttry had read studies from the IDOW, NDOW and the US Fish and Wildlife and all three of the studies were the same. He stated from reading those he felt they could not put wind turbines in the area. PAGE 18

19 Commissioner Myers voiced concern that those letters were dated before the public comment period held in Elko at the Red Lion. He stated NDOW and the BLM were present at the scoping meeting and discussion on the phases of the project to address the sage grouse. He had the impression that this project was going forward in Phase one. Commissioner Guttry questioned the dates that the studies were performed. Commissioner Dahl inquired if the studies were available to the BLM and RES Americas. Commissioner Myers had asked RES Americas representative to visit them. Robert Stokes stated it would be April mid-month. Commissioner Dahl inquired if Greg Brorby was familiar with those studies. Greg Brorby replied he was not. Commissioner Guttry stated all three studies recommended that they not move forward with this project in this area. Commissioner Myers asked that information be sent to RES Americas and suggested they discuss this on the next meeting agenda. Commissioner Williams stated RES Americas and the private property owners were going through the proper procedure spending time and money and then at the end of planning the BLM halted the project. He questioned why the studies were not done earlier. Commissioner Williams stated it was not fair that a private industry be treated that way by the government. He noted the US Fish and Wildlife, Idaho Department of Wildlife and the Nevada Department of Wildlife were involved and then they allowed a conservation group to submit their comments. Commissioner Williams inquired why the other agencies in the County were not allowed to comment if the conservation groups comments were accepted. Commissioner Williams stated the County was shortchanged in the process and the IM was circumvented. Commissioner Myers stated the studies were dated 2009 or 2010 and the field hearing was held November of last year. Grant Gerber presented a fire map showing the areas that were burned within Elko County. He commented several areas were burned multiple times and sage grouse habitat and sage grouse were burned. Grant Gerber noted the BLM and the Forest Service never bring up the burn areas in any significant way. He stated the Interim Management Plan was to reduce more grazing which would cause more fires. Grant Gerber supported the Commission s Resolution. He was aware of a letter that was sent to the previous owner of the mining areas in the Pequops from Western Watersheds indicating they would create trouble there. He believed WWP would probably try to stop Newmont s project or extort money from them. Grant Gerber recommended they have a presentation from PAGE 19

20 Quinton Barr, of Western Range Service, who was an expert on sage grouse. He stated Quinton Barr said there was no legal reason to designate the sage grouse as endangered. Grant Gerber believed they should look at the Secretary of Interior who was in charge of US Fish & Wildlife and the BLM because this plan would not have come down without the Secretary of Interior s approval. He stated tomorrow the Secretary of Interior could increase grazing to reduce fires, could increase predator control and any threat to the sage grouse could be gone. He stated the federal government could save the sage grouse but they were in favor of listing the sage grouse to control them and to reduce the power of rural counties. Commissioner Dahl requested Quinton Barr be invited to a meeting. The motion passed unanimously. Commissioner Dahl relinquished control of the meeting to Commissioner Williams. 3:49:22 PM RECESS: Chairman Williams called a recess at 3:50 p.m. 4:02:44 PM RECONVENE: Chairman Williams reconvened the meeting at 4:02 p.m. VI. ELKO COUNTY PLANNING AND ZONING DEPARTMENT: Roadway Dedication for Parcel Map Request: Discussion and consideration of a request for a roadway dedication for a parcel map for Jordanelle Third Mortgage on Hamilton Creek Trail and Hamilton Creek Court in Elko County, Nevada, located in Section 28, T34N, R55E, M.D.B.&M. Randy Brown stated the parcel map met all state and local ordinances. He recommended they accept the offer of dedication of rights of ways for public purposes but not for maintenance. MOTION: Commissioner Dahl moved to approve the roadway dedication for a parcel map for Jordanelle Third Mortgage on Hamilton Creek Trail and Hamilton Creek Court in Elko County, Nevada, located in Section 28, T34N, R55E, M.D.B.&M. Commissioner Myers seconded the motion. Chairman Williams called for public comment. submitted. The motion passed unanimously. 4:05:13 PM VII. ELKO COUNTY DISTRICT ATTORNEY S OFFICE: Civil Legal Service Agreement: No comments were PAGE 20