Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Sheri Eklund-Brown Demar Dahl John Ellison Charlie Myers Warren Russell 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, May 19, 2010, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison Warren Russell County Manager Robert Stokes CFO/Asst. Manager Cash Minor Deputy District Attorney Kristin McQueary Deputy District Attorney Jennifer Spencer Deputy County Clerk Marilyn Tipton Sheriff Dale Lotspeich Public Works Dir. Lynn Forsberg Chairman Myers called the meeting to order at 1:30 p.m. Commissioner Myers led the meeting participants in the Pledge of Allegiance. I. COMMENTS BY THE GENERAL PUBLIC: Meghan Brown, Nevada Cattlemen s Association, notified them there would be a national meeting held in June at Denver regarding wild horses and burros and they would address Ken Salazar s proposal. She asked that the County Commission encourage NACO to participate and to support Ken Salazar s plan. PAGE 1

2 1:34:39 PM II. CARLIN CITIZEN OF THE YEAR: Consideration of PROCLAMATION 2010-K, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS RECOGNIZING THE CARLIN CITIZEN OF THE YEAR. MOTION: Commissioner Eklund-Brown moved to approve PROCLAMATION 2010-K, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS RECOGNIZING THE CARLIN CITIZEN OF THE YEAR. Commissioner Ellison seconded the motion. The motion was passed unanimously. Commissioner Eklund-Brown stated the presentation would be on June 5 th at 6:00 p.m., in the UNR Fire Science Academy. 1:35:31 PM III. CERTIFICATES OF APPRECIATION: Discussion and consideration of approval of a Certificates of Appreciation to Elko County Graduates entering into the various Branches of the United States Military after graduation. MOTION: Commissioner Ellison moved to approve Certificates of Appreciation to Elko County Graduates entering into Branches of the United States Military after graduation. Commissioner 1:36:46 PM VI. Eklund-Brown seconded the motion. unanimously. The motion passed FRONTEER DEVELOPMENT (USA) INC. LONG CANYON PROJECT: Discussion and consideration of RESOLUTION No , entitled: A Resolution by the Elko County Board of Commissioners in Support for the Fronteer Development (USA), Inc. s ( Fronteer s ) Long Canyon Project. Commissioners Ellison, Eklund-Brown and Myers disclosed they received campaign contributions from Fronteer Development. MOTION: Commissioner Russell moved to adopt RESOLUTION NO , entitled: a Resolution by the Elko County Board of Commissioners in support for the Fronteer Development (USA), Inc. s ( Fronteer s ) Long Canyon Project. Commissioner Dahl seconded the motion. The motion passed unanimously. PAGE 2

3 The following Fronteer Gold personnel introduced themselves: Dan Anderson, Environmental Manager for Fronteer Gold; Pamela Smith, Community Coordinator; and Guy Jeske, General Manager for the Long Canyon Project. 1:44:12 PM V. BUREAU OF LAND MANAGEMENT: A. Consideration of comments regarding the EA for the Owyhee, Rock Creek, and Little Humboldt Herd Management Areas (HMAs) Wild Horse Gather. Comment period closes May 21, Kenneth Miller, BLM Elko District Manager, stated they were planning for a wild horse gather on July 6, They were seeking community members to give the public their perspective as to how they view the wild horse management issue. Commissioner Ellison commented upon the overgrazing and containment of the wild horses. Commissioner Eklund-Brown commented upon the damage done by the horses and the numbers above the appropriate management level. She reviewed the BLM proposal and supported the BLM horse gathers. 1:45:50 PM Kristin McQueary arrived at 1:45 p.m., and Jennifer Spencer departed the meeting room. Commissioner Dahl voiced support of the Secretary of Interior s plan to acquire pasture outside of Nevada and make them non producing areas. MOTION: Commissioner Ellison moved to send a letter of support on the EA for the Owyhee, Rock Creek, and Little Humboldt Herd Management Areas wild horse gather and authorize Robert Stokes to compose a letter and the Chairman sign the letter on behalf of the Board. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. B. Consideration of comments regarding of the expansion of the current exploratory mineral plan of operations for the Fronteer Development (USA) Inc. Long Canyon Project. Comment period closes May 30, Commissioner Eklund-Brown disclosed her brother was employed by Boart-Longyear Drilling and they have done their drilling in the past. Commissioner Myers read the draft letter of support into the record. Commissioner Russell disclosed his step-son was employed by Boart- Longyear Drilling. 1:56:28 PM MOTION: Commissioner Ellison moved to send the letter of comment for the expansion of the exploratory mineral plan of operations for Fronteer Development (USA) Inc., - Long Canyon Project. Commissioner Dahl seconded the motion. Commissioners PAGE 3

4 1:58:30 PM VII. Ellison, Dahl Myers voted aye. Commissioners Eklund-Brown and Russell abstained. The motion passed by majority vote. U.S. FOREST SERVICE: HUMBOLDT-TOIYABE NATIONAL FOREST: Discussion and consideration of comments regarding the Island Mountain Mineral Exploration Project located 15 miles east-northeast of Wildhorse Reservoir. Commissioner Eklund-Brown disclosed her brother was employed by Boart-Longyear but she was not aware of which company was doing the drilling. She requested that all County roads be repaired to pre- condition upon project completion. MOTION: Commissioner Dahl moved to send a letter of support regarding the Island Mountain Mineral Exploration Project inclusive of 1:59:32 PM IV. Commissioner Eklund-Brown s comments. Commissioner Ellison seconded the motion. The motion passed unanimously. ELKO COUNTY FIRE PROTECTION DISTRICT: Discussion and consideration of issues related to the Elko County Fire Protection District including consideration of a request to conduct a feasibility study regarding current and future operations. 2:00:28 PM Chairman Myers called a recess to review documentation submitted for this item. 2:09:59 PM Chairman Myers reconvened the meeting and reviewed the hearing procedure. He stated they would not discuss personnel issues. 2:12:52 PM Brent Palmer, JLJ Ranches in Pilot Valley, a volunteer of the Tecoma Volunteer Fire Department and Board of Directors for the Tecoma Fire Department, submitted the following documentation: County Commission minutes dated December 1, 2009, page 13; Orange County, California Freeway Complex Fire statistics; several s and invoice regarding County vehicle at Station Fire, California; and the Fire Management Assistance Grant informational document. He asked to see the contract with the Nevada Division of Forestry. Robert Stokes suggested he submit a list of the documents he would like to view. Brent Palmer said he had an from Pete Anderson, State Forester, which stated no contract existed; they have an agreement. Commissioner Ellison inquired if he requested a copy of the Agreement between the County and NDF prior to this meeting and Brent Palmer replied yes. Commissioner Ellison commented since 1950 the County had an agreement with NDF. Brent Palmer noted their annual operating plan was not updated; they were operating on a PAGE 4

5 1979 annual operating plan. Kristin McQueary stated yearly the current Commission enters into an agreement with NDF within their budget procedure; the terms and conditions in the evolution and past practice make it a legally binding contract. Commissioner Ellison stated he had been in contact with Brent Palmer and was informed Mr. Palmer had contacted several of the Commissioners. He advised Brent Palmer of the polling law. Commissioner Eklund-Brown understood all Commissioners had been contacted by Brent Palmer and she referred him to Commissioners Ellison and Myers who were the liaisons with NDF. Brent Palmer stated he had attempted to get answers for the last three years from NDF and the County. Commissioner Russell disclosed he had an extended conversation with Mr. Palmer. Commissioner Dahl disclosed a conversation with Brent Palmer in Montello. Brent Palmer voiced concern about the change to the striping and logos on Fire Protection vehicles and referred to Elko County Commission meeting minutes dated December 1, 2009 on page 13. Commissioner Myers understood those were test items. Brent Palmer believed Mike Rector acted out of his scope of authority to make changes. Kristin McQueary stated this Commission would not address personnel issues. Brent Palmer stated he would make a citizen s arrest to whoever acted out of scope of authority and caused destruction to County property. Commissioner Eklund- Brown understood there was a discussion that it would take time to finance marking the vehicles. Robert Stokes believed the intent of marking the vehicles was so the County had some acknowledgement that it was the County s Fire Protection District. Kristin McQueary stated if Mr. Palmer had genuine evidence of criminal activity then he should report it to law enforcement. Brent Palmer noted the Attorney General was rendering an opinion on the criminal allegations in his 33 page report. Brent Palmer alleged that NDF had used County equipment to generate revenue and that funding had never come back to the County. Cash Minor reported the County received reimbursements from the State for fire suppression, for use of equipment and personnel outside of the County, as well as salary savings that may have occurred during the year. Brent Palmer referred to the statistical comparison between Elko County and White Pine County submitted to Robert Stokes from the Nevada Division of Forestry. He suggested Elko County do a feasibility study on current and future operations of the Fire Protection District. Robert Stokes and Commissioner Myers had reviewed the White Pine County feasibility study completed by Mary Walker. Robert Stokes voiced concern that Elko County would have to pay up front for fires because of the PAGE 5

6 lengthy time for reimbursement. He stated it would require additional management and support staff to apply for federal reimbursement. He noted the County s CFO was a CPA and could review the figures so he did not recommend a feasibility study. Commissioner Russell did not think an independent study was required but he questioned how NDF utilized the County equipment. Commissioner Dahl noted White Pine had half the acres of what Elko County had but there was a 200 th of the cost. Commissioner Myers believed the difference was the private property in White Pine County. 3:01:08 PM Commissioner Russell departed from the meeting room. Robert Stokes noted most of the fires in 2007 were upon public lands. Commissioner Dahl noted the Starr Valley fire was on private land and inquired if NDF paid for that cost. Robert Stokes replied they track those costs through the incident team. 3:03:05 PM Commissioner Russell returned to the meeting room. Brent Palmer requested to see facts behind the submitted figures. He reviewed the funding available through a Federal Management Assistant Grant. Brent Palmer alleged NDF received FMAG monies to cover the costs and claimed that money came from the State. Brent Palmer reviewed the duties of the State Forester under NRS 472 and suggested the duties be corrected through legislation. Brent Palmer said that White Pine had gone to a NRS 474 County Fire Protection District. Brent Palmer stated when the 2004 Tri-Data report was done the majority of the eight counties had pulled out under Mary Walker s study but left wildfire responsibilities with NDF. He noted the Tri-Data report suggested 91 recommendations for the entire State which most changes have not been met by the NDF. He objected to the County vehicle having been sent to the Station Fire in California, made reference to the bill for collection, and alleged the State benefited through reimbursement for the vehicle and the labor costs. He had requested similar documentation on the large fires of 2007 from the State Forester but never received it. Brent Palmer stated he had received a copy of the 2004 audit of NDF and noted there were seventeen to eighteen items recommended for improvement. He stated after three weeks of contact with the Attorney General s Office an investigator was conducting a criminal investigation based upon the allegations in the 33 page document. Brent Palmer had forwarded the 33 page document to the Governor s Office who responded he was to address it with the County Commission. Commissioner Ellison commented upon the number of out-of-state units aiding them on the County s three largest fires. Brent Palmer stated his main issue was equipment purchased PAGE 6

7 by Elko County should be labeled Elko County. He said that grants administrated by NDF were supposed to come to the individual Volunteer Fire Departments. Brent Palmer reviewed the Fire Management Assistance Grant application process administered by the State Forester. He reported the Tecoma VFD had put in for a Forest Service sub-grant for $9,000 worth of equipment and shortly thereafter their fire truck was taken by the NDF Fire Management Officer. Brent Palmer stated the BLM grant proceeds never went to the Volunteer Fire Departments and that was part of the criminal investigation. He alleged loss of grant funding and materials through NDF management and turned over documentation to the federal investigator on abuse of FMAG funding on the Waterfall Fire. Brent Palmer supported sharing of services and mutual aid when there was a crisis but requested a MOU for reimbursement on the use of County equipment. Brent Palmer stated California and Nevada were operating under an expired agreement. He suggested the County bill for the County equipment. Brent Palmer requested them to view the Eureka County contract with NDF wherein Eureka County pays for their own contract. Chairman Myers suspended agenda item IV to hold the 4:00 p.m. public hearing. He stated they would hear further testimony on this issue after agenda item X. Chairman Myers called a recess at 3:55 p.m. 4:01:37 PM Chairman Myers reconvened the meeting. X. ELKO COUNTY PLANNING AND ZONING: Parcel Map Appeal Hearing: In accordance with Notice and Elko County Code conduct a Public Hearing regarding the appeal from Mike Gerber, et al., on parcel map application described as a portion of Section 10, T.36N., R.60E., M.D.B.&M., County of Elko, Nevada located in Star Valley approximately acres. Randy Brown reported the parcel map application was received on February 11, He stated the application was incorrect because it did not state there was a pending lawsuit. Randy Brown had contacted the applicants to give them time to revise and resubmit the application. He received a letter from Attorney David Lockie, representing the Currivans and read it into the record. Randy Brown requested direction from the Board regarding whether the lawsuit applied to the land within the application. Grant Gerber, a property owner and an attorney in the case, stated easements were part of the land. He reviewed the 1995 lawsuit which had gone to the Supreme Court. Grant Gerber said the Currivans were in violation of the lawsuit with a fence across the trail which was also on the property contained PAGE 7

8 within the application. Grant Gerber submitted copies of a letter dated February 17, 2010, addressed to David Lockie regarding fences blocking the easement and cuts across the road. Grant Gerber requested the Board send this back for the Currivans to admit there was a lawsuit affecting this property and require a jurat on the map concerning this lawsuit. Kristin McQueary asked for clarification on the map of the trail easements and the fenced areas that Grant Gerber spoke of. Grant Gerber stated the trail he spoke of was within Parcel 2. He noted there were three outstanding issues affecting the property and suggested a jurat on the map to inform potential buyers. Grant Gerber requested the Commission to establish the truth that the application was incorrect because there was a lawsuit and to have a jurat on the parcel map. Commissioner Ellison inquired if the Board approved the map as presented would it change the outcome of the lawsuit or if the property sold then would someone else become involved in the lawsuit. Grant Gerber explained the courts defer to the deliberative body such as the County Commission. Commissioner Eklund-Brown commented that if any portion of the trail or road system was on the two parcels then she suggested the application be resubmitted. She supported a jurat which would give more information to the buyer. Commissioner Dahl requested Grant Gerber state the three outstanding issues. Grant Gerber replied the 31 cuts across the road; the rock in front of the gate; and the fence across the easement. He commented upon the lawsuits on the ditch across the property and noted the ditch was not upon the map. Grant Gerber commented upon the slope of the road limiting travel. Mike Gerber, applicant, reviewed the previous contempt charges and the continuing assaults by the Currivans. He commented upon the misrepresentation on the application and suggested there be a waiting period for filing another application. Mike Gerber requested the Commission make the Currivans reapply. Jill Oswalt commented upon the numerous civil lawsuits and the lack of personal protection by the Sheriff or the District Attorney s Office. David Lockie inquired if any Commissioner had a conflict of interest. Commissioner Dahl disclosed that he was a resident of Starr Valley. Commissioner Eklund-Brown disclosed her husband was the Director of the Planning and Zoning Department but neither of them had a pecuniary interest. David Lockie stated all legal requirements have been met for the parcel map. He stated some families have been contentious for 20 years and that should not be considered. He had been in contact with Kristin McQueary regarding Case No. CV-C Jill Oswalt et al., vs. Theresa Currivan et al.; PAGE 8

9 the road lawsuit filed on March David Lockie stated there was nothing in that lawsuit that has anything to do with the legal requirements of this parcel map. David Lockie said the ongoing contempt was rendered in 2003 by Judge Papez regarding the PP-1 Map (exhibit showing the roads and easements. Commissioner Ellison inquired if the roads and access was within the lawsuit. David Lockie stated the lawsuit was over alleged construction defects on a road. Commissioner Eklund-Brown inquired if they resubmitted the application. David Lockie referenced his cover letter regarding the lawsuit. Commissioner Dahl inquired if resubmitting the application would delay the process. David Lockie replied in the affirmative. Commissioner Dahl asked if the cuts, rock and fence were on the parcels. David Lockie replied the cuts were not on the parcels but there were two roads. Mike Gerber showed on the map where the cuts were. David Lockie questioned how that road would affect the parcel map if it was not the access road to the parcels. Commissioner Myers voiced concern that the easement under litigation was not on the map as a jurat. David Lockie noted the lawsuit was recorded in the Elko County Recorder s Office and the easement showed up as an exception on Preliminary Title Reports. David Lockie asked that if the parcel map be approved that a jurat referencing case number CV-C be included as a fair notice to prospective buyers. David Lockie stated there was no exclusion of easements within the parcel map. Mike Gerber noted a major road which was adjudicated in court was within one of the parcels but not shown on the map. David Lockie believed that was within Section 15 and stated there were records that exist that could clarify the representation. He noted the previous lawsuit dealt with the division of land into 21 large parcels wherein five of those parcels would exist in Parcel 2 and the remaining would be located in Section 15. David Lockie stated the acceptance of this parcel map would eliminate the division of land into large parcels. He stated they have notified the County the other map would be withdrawn if this parcel map was approved and recorded. David Lockie stated the Tent Mountain Ranch has been listed for sale in two parcels, one 140 acres and the other 240 acres. Grant Gerber noted the road with 31 cuts comes out of the Jones property which crossed Parcel 2. He suggested the Currivans resubmit their application on this properly with a jurat disclosing the previous lawsuit to prospective buyers. He reported the road and fence were still in violation of the court order and the lawsuit was still going. Commissioner Ellison inquired if the Jones had an easement on the road and Grant Gerber replied the Jones and other property owners had easement rights over that road. PAGE 9

10 Commissioner Myers voiced concern for a buyer to purchase the property without knowing about the issues. Randy Brown stated a disclosure should be upon the map. Under the parcel map law, it did not require that type of disclosure unless there was a lawsuit pending. Kristin McQueary reviewed the County Commission s options under Elko County Code (E). Commissioner Russell inquired if the adjacent property owners were notified. Randy Brown stated the County notified the adjacent property owners. Commissioner Russell believed the lawsuit would impact the use of this property and application question number 35 should have reflected that. He noted application question 36 asked if there was a pending lawsuit on adjacent property yet the applicant answered no. Commissioner Dahl believed it was important to have the correct information on the application to protect future buyers. Commissioner Eklund-Brown supported the application being resubmitted with items 35 and 36 reflecting the case number. She stated the issues with a rock and fences were civil issues the Commission could not resolve and the Sheriff and District Attorney were elected officials. She suggested a descriptive jurat be added to protect prospective buyers. MOTION: Commissioner Eklund-Brown moved to remand it back to the Director of Planning and Zoning with items noted: the application to be resubmitted, a jurat to be added reflecting CV-C with PP-1 Map (trail and road system) accurately reflected on the parcel map, and items 35 and 36 changed on the amended application. Commissioner Dahl seconded the motion. Randy Brown inquired if the County would waive the costs for submittal. The Board Members stated the fees should be imposed due to staff time. The motion was passed unanimously. 5:20:26 PM Recess was called by the Chairman. 5:27:30 PM The Chairman reconvened the meeting. IV. ELKO COUNTY FIRE PROTECTION DISTRICT: CONTINUED Discussion and consideration of issues related to the Elko County Fire Protection District including consideration of a request to conduct a feasibility study regarding current and future operations. David Hendrix, White Pine County Fire Chief, introduced himself. Commissioner Myers requested Mr. Hendrix to verify the amount of private acreage in White Pine County. David Hendrix would send that information later. He stated they had one paid position which was his; seven volunteer fire districts PAGE 10

11 with 100 volunteers and the Ely Fire Station in White Pine County. He reported they run into Lincoln and Nye Counties under an MOU for mutual aid. David Hendrix reported White Pine County took over their fire district on October 1, 2008, and they had 60 incidents with only 4 wildland fires since inception. He noted BLM and the Forest Service responded to the wildland fires. Commissioner Myers inquired how they paid for heart and lung insurance for the volunteers. David Hendrix stated the vehicle insurance, building insurance and health insurance came under a lump sum. He stated the equipment upgrades were the most costly items for the Fire District. Commissioner Dahl inquired about morale problems while with NDF. David Hendrix stated the low morale was due to the safety issues with the equipment and 80 volunteers had signed a petition to quit the fire district if they did not form a new fire district. Commissioner Dahl inquired about funding the cost of the exposure for heart and lung. Cash Minor stated it would be $50,000 for someone under 50 years of age. David Hendrix would check to see if they have that coverage. Commissioner Myers reviewed the amount of Elko County s privately owned land versus acreage in White Pine. He commented upon the expense it would be for the County to establish a fire district. David Hendrix suggested the County speak with the federal agencies and agreed comparing White Pine County to Elko County was not a fair comparison. He recommended they have Mary Walker do a fiscal study for Elko County. Commissioner Myers noted they had mutual aid agreements with the incorporated cities and had multiple agencies owning equipment. David Hendrix stated that on federal grants they had to report through the National Fire Incident Reporting System all incidents, equipment utilized, etc., for all seven volunteer fire departments. Marylou McClelland asked the Board to consider the funding issues. She referred to a current lawsuit which was under investigation. Mrs. McClelland urged the Commission to have the study performed. Kristin McQueary stated the matter Mrs. McClelland referred to was in Spring Creek and there was pending litigation. She asked the Board not to comment upon the issue. Phil Schmitz, with the Crescent Valley VFD in Eureka County, stated their equipment were striped and decaled with a Eureka County scheme. Commissioner Russell inquired if Eureka County went independent from NDF. Phil Schmitz replied no. He stated all their maintenance and repairs were done by a Eureka County person in all six volunteer fire departments. Phil Schmitz stated the Crescent Valley VFD had their own operating plan; and the department provides their own training; they had their own county budget; and they don t have verbal abuse of their volunteers. Commissioner Dahl inquired PAGE 11

12 what changed. Phil Schmitz stated an NDF employee was no longer there. He stated they were a NRS 473 fire district but he would like to change from NDF. Pete Anderson, State Forester, gave an overview of the 473 districts and their function. He noted most fire districts started in 1950 with County Resolutions and the County budget process was the primary agreement or contract annually. Pete Anderson had started developing cooperative agreements with the counties. He clarified that East Fork Fire Department in Douglas County and the Reno Fire Department, Truckee Meadows and Sparks Fire Departments in Washoe County assumed more area due to the growth and development eliminating the need for wildland fire suppression. He stated in Storey County 90% was private land so they formed a 473 fire district similar to Carson City s where the city provides risk fire suppression and NDF performed the wildland fire coverage. He commented Clark County had a 473 fire district on Mt. Charleston which was an all risk district due to the amount of recreational visitation. Pete Anderson commented upon the costs for wildland fire suppression assumed by the State and the availability of the FMAG program. He reviewed the requirements to qualify for FMAG funding which was a 75/25 grant match. He gave an overview upon the Waterfall District Fire which destroyed the water system for Carson City and the grant funding available. He stated because of the amount of funding there was an audit. The lack of documentation was attributed to the federal agencies because the BLM or the Forest Service gave no detailed breakdowns. Pete Anderson commented upon the mutual aid agreements among the States to get quick response and the statewide dispatch coverage. He stated they pay directly to the VFD for their response to incidents within the Fire District. Pete Anderson explained the buildup of equipment and distribution of equipment. He reviewed NDF services, training, the seed bank and maintenance of mountain top repeaters. Pete Anderson noted Elko County had more fires because of the different vegetation and precipitation than White Pine County. He asked Elko County to view the difference in the White Pine County budget when NDF managed the fire district versus current funding for the fire district. Pete Anderson commented upon the large fire cost process and NDF financial team participation. He stated NDF commissioned the Tri Data Study to demonstrate the state of affairs within the State and some of the methodology had changed since They used the data to educate the people, and improve their operation but they could not implement all the recommendations due to budget restrictions. Pete Anderson stated regarding out-of-state assignments, they send resource when that resource becomes available. He stated all expenses PAGE 12

13 associated with those resource orders were reimbursed through the billing process and the County was reimbursed. Pete Anderson stated there was insufficient funding in the State for equipment replacement so they rebuild the equipment themselves. They have received hand-me-downs from the federal agencies but he did not see the equipment challenge going away. Commissioner Myers commented to increase morale there should be ownership and involvement. Pete Anderson agreed and stated volunteer retention was the biggest challenge for everyone. Commissioner Ellison inquired about the requests for funding information. Pete Anderson stated there was a state FOYA process to obtain that information. He noted s have been received but the Attorney General s Office had given them guidance that those requests need to come in specific form and format and specific to what information that NDF have. Commissioner Ellison asked about the grant reimbursement on vehicles used in different areas. Pete Anderson explained the grants available for fuel reduction and equipment. He stated if the grant was awarded it would go to the volunteer fire department. Commissioner Ellison inquired if he had read the 33 page document. Pete Anderson noted it rambled on and he had questions. Commissioner Ellison inquired if he supported a study. Pete Anderson did not object to a study because it would help them to improve their operations. Commissioner Ellison inquired about their audit process. Pete Anderson explained the audits conducted on fires and fuel reduction projects. He reported there were federal audits on federal grant awards and the federal grants and urban grants under the stimulus funding were audited twice since inception. Commissioner Ellison asked for a copy of Elko County s commitment and match. He inquired about the complaints on the decals. Mike Rector, NDF, stated ten years ago there was a NDF color scheme of green stripe and gold lettering. He stated an individual employed by them and the County became involved in the changing of the color of the stripe and adding a logo but that action did not have State approval. Mike Rector stated when he arrived in January he had discussed this with County officials and Mike Dondero. They decided to go back to the original striping and the honor camp was making the decals. He noted only two units were changed, one stationed at Spring Creek and the other was at the office at this time. He stated when they have available funding they would make further changes and there was no problem with the County request. Mike Rector pointed out in Spring Creek there was a vehicle with lettering Elko County Fire Protection on the same door as NDF in gold leaf letters. Commissioner Dahl inquired if the reason the individual put the stickers on the vehicles was because the County Commission decided what PAGE 13

14 should be on there. Mike Rector explained fourteen trucks were changed before the County Commission had made a decision upon the stickers. Pete Anderson believed there was a breakdown in communication. Commissioner Dahl commented that there had been big morale problems and felt it may be because the separation between State and County. He supported a feasibility study. Commissioner Eklund-Brown asked if NDF was responsible for wildland suppression in all the counties. Pete Anderson stated his duties were to supervise and coordinate all forestry and watershed work on State and privately owned lands including fire control in Nevada working with federal agencies, private associations, counties, towns, cities or private persons. He noted that it did not say the State of Nevada paid for wildfire suppressions Statewide. Pete Anderson commented the only place NDF paid for wildfire suppression from the emergency account was where they have organized NRS 472 fire districts. Commissioner Eklund-Brown inquired about indigent counties. Pete Anderson noted there was a process for the County to go back to interim finance through the Legislature to access emergency accounts. Commissioner Eklund-Brown noted there were allegations of double dipping with reimbursable and salaries. Pete Anderson stated, based on the billings, it would be sent back to the County. He noted they reimburse the emergency account when they fight on federal fires. Commissioner Eklund-Brown inquired about the allegation that grant equipment was not successfully received by VFDs. Pete Anderson stated they would have to look at specifics because the grant system in place was excellent. He noted they have no other complaints from other VFDs of not receiving their grants. Pete Anderson commented the VFD was responsible to return the receipts and to follow through with the grant commitments. Commissioner Eklund-Brown suggested they have their agreement current. Pete Anderson stated after the budgets were done they hoped to finalize the agreements. Commissioner Russell requested a two year audit from NDF inclusive of vehicles, use of manpower, and funding mechanism. Commissioner Russell suggested buying equipment for the Volunteer Fire Departments to help the morale. Pete Anderson suggested a five year comparison to review where the resources go out. Commissioner Myers stated striping was not an issue until he brought it up after the Cottonwood Fire. He had discussed this with the Commission about making changes and had discussed this with Keith Westengard but they were not State authorized changes. He, Pete Anderson, Mike Rector and Robert Stokes came up with the idea to remain with the gold leaf lettering and green stripe but on the tail of the vehicle identify the local VFD and have a County logo on the door. He brought that to the Commission and on the same day Keith PAGE 14

15 Westengard and Brent Palmer brought a vehicle with a red stripe on it for viewing. Commissioner Myers felt anyone could stir up a bunch of volunteers, and that was what had happened. He stated if all it took to lift morale was to put striping on a vehicle, he suggested they make the motion now. He did not believe a State agency would purposely commit malice. Commissioner Myers noted that from the 33 page document it reduced down to striping and $9,000 for a study. He would not vote to spend more taxpayer money for a study. He commented upon the number of fires over the last eight years and believed NDF and the volunteers did an excellent job taking care of the citizens of Elko County. Commissioner Dahl questioned the morale problem and noted 85 signed a petition in White Pine County and felt that justified a study. Commissioner Myers noted in Elko County one person had made a complaint. Commissioner Myers asked White Pine County Fire Chief, David Hendrix, when the separation issues began with White Pine County and NDF. David Hendrix stated the Commission and the volunteers did not feel they had control over that paid position or their district. Commissioner Myers believed that if they ask someone to manage their district then that person should have the authority to move equipment, etc. Commissioner Dahl believed the separation between the State and County caused morale problems. Commissioner Myers asked David Hendrix if they had morale problems now. David Hendrix stated they do have morale problems but not to the extent as before. Commissioner Myers inquired if they had their taxes go up for the fire district. David Hendrix stated there was a tax levied on all the utilities and they also use the Net Proceeds from the mines to support the fire district. Commissioner Ellison commented upon the contents of the s sent. He believed equipment and personnel issues do need to be addressed and felt the study was warranted. Pete Anderson stated the lack of a current agreement was most of the problem because there was no delineation of rules and responsibilities. Kristin McQueary noted individual Commissioners were talking about different type of studies; Commissioner Ellison suggested an operational audit, and others suggested a financial audit. Kristin McQueary recommended that they define what they want their study to do and go out for request for proposals to see who out there had the expertise to do a fire study. Commissioner Ellison suggested NDF form a committee to address these issues. Pete Anderson stated they could compose a list so they could solicit for a study. Commissioner Ellison asked if Kristin McQueary saw anything from the discussion today that substantiated criminal activity. Kristin McQueary replied no and there were reasons why arguments were not considered evidence in a court of law. PAGE 15

16 Commissioner Eklund-Brown felt direction was given and NDF was coming forward with an agreement. She saw no justification to spend money for a study. She did not believe there was any wrong doing and did not like the type of threat such as a lawsuit if the study was not done. Commissioner Russell felt if NDF comes through with a credible audit that was responsible then they may make a different type of study. MOTION: Commissioner Dahl moved to agenda this subject for another meeting and in the meantime they would find out who was out there to do this same kind of study that was done for White Pine County and what it would cost. Commissioner Ellison seconded the motion. Commissioner Ellison noted that NDF has volunteered to put together some organizational plan so they would not have to perform the study. Robert Stokes requested clarification upon the contents of the study. He asked them to read the White Pine County study before he reschedules it back on the agenda. Commissioners Dahl, Ellison and Eklund-Brown voted aye. Commissioners Myers and Russell voted no. The motion passed by majority vote. 7:19:25 PM VIII. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. No comments were submitted. 7:20:03 PM IX. METROPOLIS IRRIGATION RESTORATION PROJECT: Discussion and consideration of an update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility consisting of road access, campsites, picnic tables and a dock on the Bishop Creek Reservoir. Commissioner Dahl stated there was nothing new to report. 7:20:28 PM XI. COMMISSION MEETING CALENDAR: June 9 & 10, :30 p.m. Elko Nannini Admin Bldg, Suite 102. June 14, Primary Election Canvas 4:00 p.m. Elko -- Nannini Admin Bldg, Suite 102. PAGE 16

17 June 23, :30 p.m. Elko Nannini Bldg, Suite 102. All Times Pacific Time. MOTION: Commissioner Ellison moved to approve the Commission Meeting Calendar. Commissioner Russell seconded the motion. The motion passed unanimously. 7:20:56 PM XII. CONSENT AGENDA: A. Presentation and review of claims for approval. B. Approval of minutes: April 7, 2010, April 8, 2010, April 21, 2010 and May 5, C. Approval of RESOLUTION No , entitled: A RESOLUTION AUTHORIZING THE COUNTY TREASURER TO GIVE CONDITIONAL NOTICE OF PRIOR REDEMPTION OF THE COUNTY'S GENERAL OBLIGATION (LIMITED TAX) MEDIUM-TERM RAILPORT BOND, SERIES 2008; PROVIDING CERTAIN DETAILS IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF. D. Approval of Employee Service Awards to be distributed at the County Picnic. MOTION: Commissioner Ellison moved to approve the Consent Agenda with corrections submitted by Commissioner Eklund-Brown to the minutes. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 7:22:01 PM XIII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Kristin McQueary stated she and Gary Woodbury participated on a conference call with the parties in the Jarbidge lawsuit. They could not reach an agreement so the Judge requested them to prepare a proposed scheduling order to be turned in by next month. She stated the City of Ely wishes to annex its railroad right of way up to Cobre which was 100 feet wide and 128 miles long and that would equate to 1,500 acres in Elko County. Kristin McQueary believed they need more information on what the City of Ely intends to do with the right of way and there may be a tax impact. She stated the City of Ely had been within a lawsuit over a real estate annexation which lies over the County lines. Kristin McQueary may request an Attorney General s opinion. Commissioner Eklund-Brown reminded the Board Members of the Carlin Citizen of the year banquet on June 5, She stated on June 4 th at 9:00 a.m. they would hold a groundbreaking on the Secret to Lamoille Trail. Commissioner Eklund-Brown had received an on Deer Creek Grade. She received an e- PAGE 17

18 mail from Mike Pedersen informing her Commissioner Dahl was appointed as liaison to China Springs. 7:26:34 PM XIV. ADJOURNMENT: MOTION: Commissioner Ellison moved to adjourn the meeting. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk CHARLIE MYERS, Chair PAGE 18