Humboldt County Courthouse Meeting Room West Fifth Street, Winnemucca, Nevada 89445

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1 Humboldt County Board Of Commissioners September 4, 2018 Page 1 Notice of Public Meeting HUMBOLDT COUNTY BOARD OF COMMISSIONERS Humboldt County Board of Commissioners/Golconda Water District/Paradise Valley Sewer District/McDermitt General Improvement District Regular Meeting Tuesday, September 04, :30 AM: Humboldt County Courthouse Meeting Room West Fifth Street, Winnemucca, Nevada All times on this agenda are approximate. Consideration of items may require more or less time than is scheduled. Items on the agenda may be taken out of order; the public body may combine two or more agenda items for consideration; and the public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Public comment is designated for discussion only. The public has the opportunity to address the Commission on any matter not appearing on the agenda; however, no action may be taken on Matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. Additionally, public comment may be heard on any item listed on the Agenda. Persons are invited to submit comments in writing and/or attend and make comments on any agenda item at the Commission meeting. All public comment may be limited to three (3) minutes per person, at the discretion of the Commission. Agenda - Tuesday, September 4, CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT - General public comment is designated for discussion only. The public has the opportunity to address the Commission on any matter not appearing on this agenda; however, no action may be taken on a matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. 4. APPROVAL OF MINUTES (FOR POSSIBLE ACTION) - Discussion and action on correction/approval of minutes for February 1, 2016; March 28-29, 2016; April 4, 2016; April 18, 2016; May 2, 2016; August 15, 2016; October 3, 2016; October 17, 2016: October 27, 2016 (Special-Liquor License); November 15, 2016: November 28, 2016; December 12, 2016 (Joint); January 3, 2017; January 17, 2017 (Joint); January 30, 2017 (Retreat); February 6, 2017 (Special): February 21, 2017; March 6, 2017; March 20, 2017; March 27, 2017 (Budget Hearing); April 3, 2017; April 10, 2017 (Special/6th Judicial); April 17, 2017; May 1, 2017 (Joint); May 15, 2017; June 5, 2017; June 19, 2017; July 10, 2017; August 7, 2017 (Joint); August 21, 2017; September 18, 2017; October 9, 2017; December 11, 2017 (Joint); January 16, 2018; January 29, 2018 (Retreat); February 5, 2018 ; 1

2 Humboldt County Board Of Commissioners September 4, 2018 Page 2 February 20, 2018; March 5, 2018; April 2, 2018 (Budget Hearing); April 9, 2018; April 23, 2018; May 7, 2018; June 4, 2018; June 18, 2018; July 2, 2018; July 16, 2018: August 6, 2018 and August 20, Discussion and Possible Action. 4.A. Minutes HCC042318unapprovedUNOFFICIAL.pdf HCC050718unapprovedUNOFFICIAL.pdf.pdf HCC052118unapprovedUNOFFICIAL.pdf.pdf HCC060418unapprovedUNOFFICIAL.doc.pdf 5. APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR AUGUST 18, 2018 THROUGH AUGUST 31, 2018 (FOR POSSIBLE ACTION) 5.A. Expenditures 6. GOLCONDA GENERAL IMPROVEMENT DISTRICT MATTERS (FOR POSSIBLE ACTION) - Consideration of, discussion and possible approval of expenses for the time period from AUGUST 18, 2018 THROUGH AUGUST 31, 2018 related to the operation of the Golconda General Improvement District (GID) for the express purpose of maintaining and improving the water system. (Discussion and possible action). 7. MCDERMITT GENERAL IMPROVEMENT DISTRICT MATTERS (FOR POSSIBLE ACTION) - Consideration of, discussion and possible approval of expenses for the time period from AUGUST 18, 2018 THROUGH AUGUST 31, 2018 related to the operation of the McDermitt General Improvement District (GID) for the express purpose of maintaining and improving the water or sewer systems. (Discussion and possible action). 8. PARADISE VALLEY SEWER DISTRICT MATTERS (FOR POSSIBLE ACTION) - Consideration of, discussion and possible approval of expenses for the time period AUGUST 18, 2018 THROUGH AUGUST 31, 2018 related to the operation of the Paradise Valley Sewer District for the express purpose of maintaining and improving the sewer system. (Discussion and possible action). 9. CONSENT AGENDA (ANY ITEM APPEARING ON THE CONSENT AGENDA CAN BE PULLED DOWN AND DISCUSSED IN DETAIL)(FOR POSSIBLE ACTION) - David Graham & L Arias-Espino-Parcel# (A credit of $ for FY ) Morrissey Family Trust-Parcel# (A credit of $1, for FY ) Morrissey Family Trust-Parcel# (A credit of $3, for FY ) Morrissey Family Trust-Parcel# (A credoit of $ for FY ) 9.A. CONSENT AGENDA Roll Adjustment.pdf 2

3 Humboldt County Board Of Commissioners September 4, 2018 Page Roll Adjustment.pdf Roll Adjustment.pdf Roll Adjustment.pdf 10. MISCELLANEOUS REPORTS AND CORRESPONDENCE - 1)Other information and upcoming meetings September 10, 2018 Regional Airport Board September 13, 2018 Regional Planning Commission Meeting September 17, 2018 Humboldt County Commission Meeting 2)Reports from Commissioners regarding other Boards and Committees on which they serve, including National Wild Horse & Burro Advisory Board, Nevada Association of Counties (NACO), Regional Airport Board, Humboldt River Basin Water Authority (HRBWA), Western Interstate Region (WIR), Legislative Interim Land Council, Humboldt Development Authority (HDA), Winnemucca Visitors & Convention Authority (WCVA), Hospital Board, Humboldt Foundation, Northeastern Nevada Regional Development District (NNRDA), Humboldt County Elk Planning Steering Committee, Paradise Conservation District and the State Land Use Planning Advisory Council (SLUPAC). 11. ASSESSOR: REQUEST TO HIRE APPRAISER TRAINEE (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval to hire an Appraiser Trainee as part of the departments succession planning process. This is not a new position and has been approved in the current FY budget. Discussion and possible action. 11.A. Appraiser Trainee 12. BUILDINGS & GROUNDS: APPROVAL OF CARPET PROJECT (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval to purchase new carpet for the courthouse to replace the existing carpet that has been in place for over 15-years. The project was bid per NRS statute and resulted in a single bid from Quality Floors & Paint in an amount not to exceed $55, Discussion and possible action. 12.A. Carpet 13. PRESENTATION BY PERSHING GOLD CORPORATION/ GOLD ACQUISITION CORPORATION AND REQUEST FOR LETTER OF SUPPORT (FOR POSSIBLE ACTION) - Discussion and possible action on a presentation by Pershing Gold/Gold Acquisition regarding the reopening of the Relief Canyon Mine 16 miles east-northeast of Lovelock in in Pershing County, Nevada and a request for a letter supporting the project to the Bureau of Land Management during the public input/scoping period that ends on September 14, For discussion and possible action. 13.A. Relief Canyon Mine Project Information Relief Canyon Mine Project Snapshot.pdf 3

4 Humboldt County Board Of Commissioners September 4, 2018 Page 4 BLM Scoping Letter for Relief Canyon Mine Plan Modification.pdf Relief Canyon Mine PP for 4SEP2018 HumCo Commiss Meeting.pdf 14. HUMBOLDT COUNTY RESOLUTION APPROVAL IN OPPOSITION TO QUESTION 3 ON NOVEMBER BALLOT (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval of a Resolution in opposition to Question 3 that will appear on the November 2018 ballot to deregulate the energy industry in Nevada. Discussion and possible action. 14.A. Harney 2018 Humboldt County Question 3 Resolution.pdf 15. AMICUS BRIEFING CONSIDERATION SUPPORTING LYON COUNTY, WALKER RIVER IRRIGATION DISTRICT (FOR POSSIBLE ACTION) - Discussion, consideration and possible action regarding a request to submit an amicus brief supporting Lyon County, Walker River Irrigation District, et al. in the case captioned Mineral County; and Walker Lake Working Group, Appellants, vs. Lyon County; Centennial Livestock; Bridgeport Ranchers; Schroeder Group; Walker River Irrigation District; State of Nevada Department of Wildlife; and County of Mono, California, Respondents, before the Nevada Supreme Court concerning issues including: (1) Whether the public trust doctrine applies to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent? and (2) If so, whether the abrogation of such adjudicated or vested rights constitute a taking under the Nevada Constitution requiring payment of just compensation? Discussion, consideration and possible action regarding: (a) Authorization for county manager and district attorney s office to communicate with water law attorney(s) regarding this matter and to retain a water law attorney to represent Humboldt County as it relates to the impact of this case to Nevada water law for vested and/or adjudicated water rights including those pursuant to the decree for the Humboldt River Basin and for other water basins throughout Nevada; and/or (b) Authorization for county manager on behalf of Humboldt County to support and/or join another party or entity in the preparation and submission of an amicus brief in this matter. Discussion and for possible action. 16. PUBLIC WORKS DEPARTMENT: GENERAL ROAD PROJECTS (FOR POSSIBLE ACTION) - A)Consideration, discussion and possible approval to purchase a semi-truck(s) to replace one truck that was damaged in a recent accident and another to replace an aging vehicle in an amount not to exceed $150,000. Discussion and possible action. B)A presentation by Humboldt County Public Works Director Ben Garrett to update the Board on Road projects within Humboldt County, however, no action may be taken on a matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. 16.A. Road Semi-Tractor Bid Review 2018.pdf Semi-Tractor Bid Review pdf 4

5 Humboldt County Board Of Commissioners September 4, 2018 Page DISTRICT ATTORNEY: WAIVER OF ATTRITION POLICY FOR ADMINISTRATIVE CLERK I POSITION IN CHILD SUPPORT (FOR POSSIBLE ACTION) - Discussion and possible approval of a waiver of the Humboldt County Attrition Policy for the position of Administrative Clerk I in the Child Support Office. This vacancy occurred as a result of the promotional recruitment for the Child Support Caseworker position. Discussion and possible action. 17.A. DA: Attrition 18. FUTURE AGENDA ITEMS 19. PUBLIC COMMENT: - Public Comments: General public comment is designated for discussion only. The public has the opportunity to address the Commission on any matter not appearing on this agenda; however, no action may be taken on a matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. 20. ADJOURNMENT NOTICE: The County Com m ission m ay close the m eeting to receive inform ation from legal counsel pursuant to Nevada Revised Statutes

6 Humboldt County Board Of Commissioners September 4, 2018 Page 6 CERTIFICATE OF POSTING PLACES POSTED: Humboldt Co. Courthouse, 50 W. 5th St.: Rooms 201, 205, & 207 at A.M. By : Humboldt County Library : 85 E. 5th St. at A.M. By : County Annex: 4th & Bridge St. at A.M. By : Winnemucca City Hall: 4th & Melarkey St. at A.M.By : Humboldt County Website: at A.M. By : State of Nev ada Website: A.M. By : MEETING DATE: September 4, 2018 POSTED BY: DATE POSTED: Karen Bannister, Administrativ e Assistant NOTE FOR SUPPORTING MATERIAL: A copy of the supporting material f or the meeting may be obtained at Commissioner meeting/agendas on the Humboldt County website: or by contacting Dav e Mendiola, County Administrator, at 50 W. Fif th Street, Winnemucca, Nev ada 89445, (775) NOTICE TO PERSONS WITH DISABILITIES - Reasonable ef f orts will be made to assist and accommodate phy sically disabled persons desiring to attend the meeting. Please call the Humboldt County Administrator s Of f ice at in adv ance so that arrangements may be conv eniently made. EQUAL OPPORTUNITY NOTICE - Humboldt County is an Equal Opportunity Employ er and will not discriminate against employ ees or applicants f or employ ment or serv ices in an unlawf ul manner. NON-DISCRIMINATION STATEMENT - In accordance with Federal civ il rights law and U.S. Department of Agriculture (USDA) civ il rights regulations and policies, the USDA, its Agencies, of f ices, and employ ees, and institutions participating in or administering USDA programs are prohibited f rom discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, f amily /parental status, income deriv ed f rom a public assistance program, political belief s, or reprisal or retaliation f or prior civ il rights activ ity, in any program or activ ity conducted or f unded by USDA (not all bases apply to all programs). Remedies and complaint f iling deadlines v ary by program or incident. Persons with disabilities who require alternativ e means of communication f or program inf ormation (e.g., Braille, ;large print, audiotape, American Sign Language, etc) should Contact the responsible Agency or USDA s TARGET Center at (202) (v oice and TTY) or contact USDA through the Federal Relay Serv ice at (800) Additionally, program inf ormation may be made av ailable in languages other than English. To f ile a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, f ound online at /complaint_f iling_cust.html and at any USDA of f ice or write a letter addressed to USDA and prov ide in the letter all of the inf ormation requested in the f orm. To request a copy of the complaint f orm, call (866) Submit y our completed f orm or letter to USDA by : (1) Mail: U.S. Department of Agriculture Of f ice of the Assistant Secretary f or Civ il Rights 1400 Independence Av enue, SW Washington, D.C ; (2) f ax: (202) : or (3) program.intake@usda.gov USDA is an equal opportunity prov ider, employ er, and lender. 6

7 Agenda Item No:4.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: September 4, 2018 Submitted by: Dave Mendiola Submitting Department: County Clerk Item Type: Clerk Agenda Section: APPROVAL OF MINUTES (FOR POSSIBLE ACTION) Subject: Minutes Suggested Action: Attachments: HCC042318unapprovedUNOFFICIAL.pdf HCC050718unapprovedUNOFFICIAL.pdf.pdf HCC052118unapprovedUNOFFICIAL.pdf.pdf HCC060418unapprovedUNOFFICIAL.doc.pdf 7

8 04/23/2018 Monday, April 23, 2018 The regular meeting of the Humboldt County Board of Commissioners was called to order on Monday March 19, 2018, at 9:30 a.m. in the regular place of meeting at the Courthouse, Winnemucca, Nevada. Those present were Chairman Ron Cerri, Commissioner Jim French, Commissioner Mike Bell, Commissioner Marlene Brissenden, Commissioner Ken Tipton, Deputy District Attorney Wendy Maddox, County Manager Dave Mendiola and Clerk of the Board Tami Rae Spero. PUBLIC COMMENTS: Chairman Cerri asked for public comments. Nils NIlson approached the Commission and spoke regarding the Egger court case with the State Engineer. There was a trial date, which has been postponed. He will keep everyone informed as to the new trial date. Chairman Cerri asked for additional public comment. There was no additional public comment. DISCUSSION & ACTION ON CORRECTION/APPROVAL OF MINUTES FEBRUARY 1, 2016, MARCH 28-29, 2016, APRIL 4, 2016, APRIL 18, 2016, MAY 2, 2016, JUNE 6, 2016, JULY 11, 2016, AUGUST 1, 2016, AUGUST 15, 2016, OCTOBER 3, 2016, OCTOBER 17, 2016, NOVEMBER 15, 2016, NOVEMBER 28, 2016, JANUARY 3, 2017, JANUARY 30, 2017 (RETREAT), FEBRUARY 21, 2017, MARCH 6, 2017, MARCH 20, 2017, MARCH 27, 2017 (BUDGET HEARING), APRIL 3, 2017, APRIL 17, 2017, MAY 15, 2017, JUNE 5, 2017, JUNE 19, 2017, JULY 10, 2017, AUGUST 21, 2017, SEPTEMBER 18, 2017, OCTOBER 9, 2017, JANUARY 16, 2018 (RETREAT), FEBRUARY 5, 2018 AND MARCH 5, 2018 REGULAR MEETINGS; OCTOBER 27, 2016, FEBRUARY 6, 2017, AND APRIL 10, 2017 SPECIAL MEETINGS; DECEMBER 12, 2016, JANUARY 17, 2017, MAY 1, 2017, AUGUST 7, 2017, DECEMBER 11, 2017 JOINT MEETINGS,: There were no minutes to approve. APPROVAL OF EXPENDITURES: A report identifying the expenditures being considered was attached to the agenda for review. Commissioner French made the following motion, which passed unanimously: To approve the expenditures for April 6, 2018 through April 20, 2018 as presented. GOLCONDA GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri called the Golconda General Improvement District to order. There was no public comment. Consideration of, discussion and possible approval of expenses for the time period from APRIL 6, 2018 through APRIL 20, 2018 related to the operation of the Golconda General Improvement District (GID) for the express purpose of maintaining and improving the water system: County Manager Mendiola reviewed the expenditures from April 6, 2018 through April 20, 2018 for $ Commissioner Brissenden made the following motion, which passed unanimously: To approve the expenditures. Consideration, discussion and possible approval to conduct an appraisal of a parcel currently owned by Union Pacific Railroad (the North half of T35N, R40E Section 7) near Golconda, Nevada to assess the value Page 1 of 11 8

9 04/23/2018 of the land. The District is considering a proposal from UP to purchase the land, which is currently the site of the water pipeline that serves the community of Golconda. The appraisal will not exceed $1500: County Manager Mendiola reviewed the request for an appraisal of property currently owned by Union Pacific Railroad (UP). The district is considering a proposal to purchase the land from UP, which is currently the site of the water pipeline that serves the community of Golconda. UP does not want to continue to lease the property to Golconda GID. Manager Mendiola said an appraisal would be required. He spoke with the Golconda Fire District Board about looking into buying the land and the water rights. The price tag is high but UP said they would negotiate the price. The Fire District Board will be taking a trip to look at the water source and the tank. Chairman Cerri said he is concerned that the railroad may not actually own the water permit for this property. He explained a situation at another location. County Manager Mendiola said he spoke with Water Commissioner, Steve Del Soldato regarding the water permit. Mr. Del Soldato is getting information and should have an answer in a couple of days. There was discussion on a number of scenarios regarding the purchase of the property. Commissioner Tipton made the following motion with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the amount not to exceed $1, for an appraisal for the UP water and land acquisition. Chairman Cerri asked for additional public comment. Hearing none, he adjourned the Golconda General Improvement District meeting. MCDERMITT GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri called the McDermitt General Improvement District to order. There was no public comment. Consideration of, discussion and possible approval of expenses for the time period from APRIL 6, 2018 through APRIL 20, 2018 related to the operation of the McDermitt General Improvement District (GID) for the express purpose of maintaining and improving the water or sewer systems: County Manager Mendiola reviewed expenditures from April 6, 2018 through April 20, 2018 for $2, Commissioner Brissenden made the following motion, which passed unanimously: To approve the expenditures. Chairman Cerri asked for additional public comment. Hearing none, he adjourned the McDermitt General Improvement District meeting. PARADISE VALLEY SEWER DISTRICT MATTERS: Chairman Cerri called the Paradise Valley Sewer District to order. There was no public comment. Page 2 of 11 9

10 04/23/2018 Consideration of, discussion and possible approval of expenses for the time period APRIL 6, 2018 through APRIL 20, 2018 related to the operation of the Paradise Valley Sewer District for the express purpose of maintaining and improving the sewer system: County Manager Mendiola said there are no expenditures from April 6, 2018 through April 20, There was no public comment. Chairman Cerri adjourned the Paradise Valley Sewer District meeting. MISCELLANEOUS REPORTS AND CORRESPONDENCE: OTHER INFORMATION AND UPCOMING MEETINGS: Chairman Cerri noted upcoming meetings. REPORTS FROM COMMISSIONERS REGARDING OTHER BOARDS AND COMMITTEES THEY SERVE ON: Commissioner Brissenden attended the Northeastern Nevada Regional Development Authority Retreat in Eureka. She reported they learned a lot and Humboldt County is progressing forward compared to some of the other Counties. Commissioner Brissenden reported on a presentation by Gary Hames, Community Development Director from Storey County. Mr. Hames provided a flash drive of the planning document for Storey County to each attendee. They have an expedient process for permitting projects. Commissioner Brissenden gave a brief history of the success of Storey County, specifically with the Tahoe- Reno Industrial Center development. Commissioner French commented on the industrial center and its development. Commissioner French reported that the Public Land Natural Resource Steering Committee completed the SEIS comments for our input on Sage Grouse and it has been submitted. He said they are looking at Waters of the US (WOTUS). It is on the Counties and the State to tell them what is expected from a regulatory standpoint. There was discussion regarding WOTUS. Commissioner French said he went to the horse sale in Adel, Oregon and explained the process. There was discussion on the focal areas of the Sage Grouse habitats. Commissioner French told the Commission he and County Manager Mendiola had a coordination meeting with County Public Defender, Matt Stermitz regarding the indigent defense discussion. They will be meeting with the Indigent Defense Commission on Wednesday in Carson City to sell their program. Chairman Cerri said this agenda item would be continued after the scheduled Public Hearing. PUBLIC HEARING: AMENDMENT TO HUMBOLDT COUNTY ORDINANCE 04-13A, Section (2) FOR SOLAR PROJECT PERMITTING FEES: Chairman Cerri read the proposed amendment to Humboldt County Ordinance 04-13a, Section (2): All permits for photovoltaic production fields with valuations up to $25,000, shall be based on the Table 3-A of the 1991 Uniform Building Code plus an increase of 1- percent (15%) plus 65% plan review fee as prescribed in the 2012 International Building Code. Photovoltaic production fields with a valuation of more than $25,000, shall be set at a standard fee of $150, which includes the plan review fees as prescribed in the 2012 International Building Page 3 of 11 10

11 04/23/2018 Code. County Manager Mendiola reviewed the request from the Building Department to adopt fees for permitting solar projects. He explained if general pricing were used, the fees would be cost prohibitive and counter-productive. They looked at the actual cost to perform the inspections for the permits. The general pricing cost would be far above what the actual cost would be to inspect and issue permits. The amendment to the ordinance would identify something more valid in terms of the actual time spent for inspections, plan review and issuance of permits. Commissioner French asked if a project were over $25 million, would the fee be a set price. If it was just under $25 million what is the cost? Karen Johnson with the County Building Department explained the way the fee structure is set up. Anything less than a $25 million project would be less than $150, in fees. She said this fee structure is for the big projects. The fee caps at $150, This includes the plan review fee and building fee. Deputy District Attorney Maddox pointed out how this item is shown on the agenda. There are two parts: one is a determination whether to approve or deny the amendment; the other is that staff has determined that the Rule has no significant business impact. There needs to be two motions. The first motion would be there is no significant business impact. With the second being to approve or deny the amendment to the ordinance. Chairman Cerri asked for public comment. There was no public comment. Commissioner Brissenden made the following motion with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. The Rule does no impose a direct and significant economic burden on a business or directly restrict the formation, operation or expansion of a business. Commissioner Bell made the following motion with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the amendment to the Humboldt County Ordinance 04-13a, Section (2) as presented. (Ordinance No ) CONTINUATION OF REPORTS FROM COMMISSIONERS REGARDING OTHER BOARDS AND COMMITTEES THEY SERVE ON: Commissioner Bell said he had nothing to report. Commissioner Tipton said he participated in a couple of negotiation meetings with law enforcement and regular employees. Commissioner Tipton attended a Humboldt General Hospital (HGH) Board meeting. HGH is working to finalize the budgets. He told the Commission usage at the hospital is increasing. The HGH Board did a sixmonth review on the new CEO, Mr. Frable. They did a staff survey for their thoughts, wishes, wants, negatives and this has been helpful. Commissioner French said he has had folks from the community contact him with questions and concerns about the pricing difference for HGH and outside entities. Page 4 of 11 11

12 04/23/2018 Commissioner Tipton said no pricing study has been initiated. He said this is one of the items brought up in Mr. Frable s review. The pricing study is one of the top five priorities of the HGH Board. Commissioner Cerri said he attended the WCVA Board meeting where they approved two bids to install campsites at the Events Center. They also approved construction of additional horse stalls and pens. The additional capital improvements are part of the AG District 3 budget. They want to get the improvements completed by the Senior Pro Rodeo. Commissioner Cerri said he went to Washington DC as Chairman of the Public Lands Committee for Nevada Cattlemen. They talked about many issues with congressional representatives that the Commissions and citizens would find important. One issue discussed is the loss of the BLM State Director, John Ruse and the concern of filling his position as soon as possible. He said they all share the same frustrations with BLM positions not being full. Another topic discussed was mandated health care and the effects it has on ranchers and businesses. Commissioner Cerri said he brought up the Pine Forest Land Bill with Congressman Amodei. They met with Senator Masto and she assured him that broadband is something that will happen. Senator Masto also said she is aware of the wild horse issues in Nevada and will be holding a round table in Northern Nevada this summer. Commissioner Brissenden asked about the outside of the Star building façade. Commissioner Cerri said WCVA is looking at companies to fix the building. CONSENT AGENDA: Consideration, discussion and possible approval to appoint Josie Weagant to the Orovada Community Services Board to fill an open seat through December 31, 2018: Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the consent agenda as presented. RESOLUTION: SUPPORT NEVADA WILDFIRE AWARENESS MONTH MAY 2018: Commissioner Brissenden read the resolution. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To adopt the resolution supporting Nevada Wildfire Awareness Month May 2018 and authorize the Chair to sign the resolution. (Resolution No ) RESOLUTION: SUPPORT THE INTERSTATE 11 CORRIDOR THROUGH HUMBOLDT COUNTY: Consideration, discussion and possible action to support the efforts of the Humboldt County Manager and the Humboldt Development Authority in their efforts to lobby the Nevada Department of Transportation and the Governor's office to encourage continued discussions with Humboldt County, the City of Winnemucca, Page 5 of 11 12

13 04/23/2018 Humboldt Development Authority and Northeastern Nevada Regional Development Authority as they develop and choose the final corridor for the current study area from Las Vegas to Interstate 80 and as well as the final route through Northern Nevada. A copy of the proposed resolution was included on the on-line agenda for review. Chairman Cerri read the item. County Manager Mendiola reviewed the request. Chairman Cerri said he has reservations regarding the proposed Interstate 11 Corridor through Humboldt County. He asked how much benefit Humboldt County would see from the corridor. Would the negatives outweigh the positives or vice versus. Chairman Cerri said he sees I-11 creating social, economic and environment concerns and effects on Humboldt County. He said putting a freeway through this part of Humboldt County would have an impact on the smaller communities to the North. He said from an environmental standpoint we have some of the best wildlife habitat north of Winnemucca to Boise, ID. He told the Commission wildlife (deer, antelope, elk) cross Highway 95 now, to get to the farms. Those animals rely on the farms to live. From an economic standpoint what will this do to law enforcement, indigent services, public health care needs. Chairman Cerri said the idea behind the corridor coming through Humboldt County is to increase commerce but we will see no diesel tax locally. There may be a slight increase in CTX. Commissioner Brissenden said she agrees with what Chairman Cerri said. She said there is a whole County to think of, not just this area. She believes the I-11 Corridor through Humboldt County will help our economy. We will be in a prime position for businesses to come to our area. Commissioner Brissenden mentioned the log that already designates Winnemucca to the Sea highway going west. Chairman Cerri said he agrees we need change but tourists do not pay property taxes. Commissioner French told Chairman Cerri he understands his position and he respects his position. He said these are the same type of concerns Storey County had when the industrial park was proposed. Commissioner French said this is about business commerce, opening the artery up from Mexico to Canada. He said there would be impacts. It is up to the County Commission to make sure the engineering side of things address any impact issues. He referred to I-80 in the Wells area and how wildlife issues have been addressed. Commissioner French commented on the impact the corridor would have on our standard of living. He said it s how we sell, set up and emphasize the positives and negatives of our community. Commissioner French said, as a Commissioner, he is thinking about the long-term effect of the economy to this community. He said it will be tough to maintain services and the quality of life in the community if we lose our one major industry mining. He said an alternate industry needs to be established to sustain our standard of living and infrastructure. Commissioner Tipton said he understands Chairman Cerri s concerns but he does not believe there is much of a choice. He said I-11 will eventually come through and will take the best and most affordable route. He said we need to be behind the proposed Page 6 of 11 13

14 04/23/2018 route and have a seat at the table. When it comes this way we need to be at the table for exits, off-ramps, wildlife crossing. We would have the ability to have some control. Commissioner Bell said he concurs with Commissioner French. Diversity needs to be looked at, there are concerns about the mining industry, and Hwy 95 needs to be expanded. Chairman Cerri asked for public comment. Eddie Booth approached the Commission. He thanked the Commission for all they do. He said initially he was in favor of the alternative I-11 Corridor route (B-1) coming through Humboldt County. Mr. Booth said he no longer feels this way due to the effect this could have on hunting/fishing spots, the rural atmosphere, traffic and growth. Chairman Cerri asked if there was any additional public comment. There was no additional public comment. Commissioner Tipton asked if the request would allow Mr. Mendiola to push this option. County Manager Mendiola explained that this started with the prior Board with no formal push. Since that time, he has spoken with Idaho Counties and some Northern Nevada Counties to drum up support for this option. He said he needs to know if the Commission wants him to continue to look for support. County Manager Mendiola said he understands the concerns but we need to think about the future of Humboldt County. Will we be able to continue to rely on Agriculture and the Mining Industries? He said through his research the key item that keeps cropping up is access. We have an East/West route and a North/South route. We have rail and broadband backbone. These are critical to companies who may want to relocate in this area. This is a good thing for economic development. County Manager Mendiola acknowledged there are downsides. Commissioner Cerri commented there is an assumption that with increased traffic the economy will improve. He said the traffic on 95 has increased in the last thirty years but look at the communities. Have any of them reaped any benefit? All of them are smaller than they were 30 years ago. He told the Commission what some of the communities had and what they now have. Jan Morrison with NNRDA/HDA told the Commission what I-11 would do to the I-80 corridor and what it will not do. If it segways and goes into Northern Nevada there will be an effect on I-80 logistics, warehousing, and those types of jobs. She commented on some companies looking at this area and they need good transportation routes. Ms. Morrison said Storey County looks at quality of life for their County. They have addressed issues in a common sense way. She spoke of the three options available for the I- 11 Corridor route. There was discussion about the benefits of I-11 types of jobs and businesses. Commissioner French commented he has concerns on the wildlife issue. He asked if an I-11 Corridor would open the artery for more commerce. Not only truck traffic, people patronizing food establishments, or gas. It is more about the infrastructure. There are components you have to provide in a community for it to grow sensibly. Commissioner French asked if there is a high probability of the I-11 Corridor coming this way regardless of our position. He said he agrees with Commissioner Tipton s Page 7 of 11 14

15 04/23/2018 comment on having a seat at the table. Chairman Cerri said the resolution says more than they want to be at the table. It says we are going to promote this option for the I-11 Corridor. There was discussion regarding the language of the resolution. Commissioner Brissenden said this is a team effort. With everyone working together, they will have a say and some control of what happens. She said this will be a positive factor and will help Highway 95 tremendously. Commissioner French said a concern he has is mining and long term sustainability. There needs to be a good economic base. Chairman Cerri said he agrees with Commissioner French that they need to look at alternative businesses/industry but not sure I-11 is the answer. He asked if the resolution language is correct. Commissioner Brissenden read the proposed resolution. Commissioner Bell asked what the City s position is for the I-11 Corridor. County Manager Mendiola said the City has never made any official declarations. He has spoken with the Mayor and City Manager/Engineer and they seem to be behind the proposed I-11 corridor. Commissioner Brissenden made following motion: To support the efforts of the Humboldt County Manager and Humboldt Development Authority in their efforts to lobby the Nevada Department of Transportation and the Governor s office to encourage continued discussions with Humboldt County, the City of Winnemucca, Humboldt Development Authority and Northeastern Nevada Regional Development Authority as they develop and choose the final corridor for the current study area from Las Vegas to Interstate 80 as well as the final route through northern Nevada. (Resolution No a) Chairman Cerri opened the motion up for discussion and said he will not support the resolution. He would be in favor of re-writing the resolution where Humboldt County is included in the discussion. The resolution would not state that Humboldt County would actively promote the proposed I-11 corridor through Humboldt County. Commissioner French said if they are actively advocating for the leg coming from Vegas to I-80 then we close the door on the other part of this. If the corridor goes farther to the west as a result of not being involved then Humboldt County is out of the hunt. Commissioner French said he would recommend that they stick with the resolution as it is currently written. Commissioner Brissenden agreed with Commissioner French. Chair Cerri asked for further discussion. Chairman Cerri called for a vote on Commissioner Brissenden s motion. The motion passed with Commissioner Bell, Commissioner French, and Commissioner Brissenden voting aye, Chairman Cerri and Commissioner Tipton voting nay. Page 8 of 11 15

16 04/23/2018 PUBLIC WORKS DEPARTMENT: UPDATE ON PROJECTS WITHIN HUMBOLDT COUNTY: Public Works Director Ben Garrett provided the Commission with current projects. He told the Commission they are grading and getting roads prepped for mag and continuing on covering some roads. They are in the Grass Valley and Kings River areas. They are also grading and finished Singas Creek, Paradise Ranchos and are moving on to Shelton Lane and Chimney Dam roads. They are finishing annual maintenance on roads. Director Garrett gave an update on the urban pond project. He said there are still about 450 tons, truckloads of riprap to be hauled to the pond site. The outside of the pond will be lined with the riprap. Commissioner French commented the riprap would be extended into the water. Otherwise, it would be a drowning pool. Director Garrett said he does not know what the plans are for rescue ropes. Commissioner French said he would push for extending the riprap into the pond. There was discussion on how the riprap works in the pond to prevent animals and people drowning. There was also discussion about lining the pond and what types of materials could be used. Commissioner French voiced concern that the County carries the liability on the pond. The Commissioners agreed that this should be an agenda item for future meeting. Commissioner Bell said haul the riprap to the site but there should be a discussion and verification of what the plan is for lining the pond. Director Garrett said they are continuing to look at issues on McNinch and Davis Roads. They may get to McNinch soon but Davis will be after the mag is finished which will be sometime in June. He said he met with White Pine County. Last year we helped them with a project. We will continue to work with White Pine County to share equipment and resources. They want to look at some of the roads we have done and how issues are handled. Chairman Cerri asked about the weeds in McDermitt that are blowing in the canals and plugging up culverts. Director Garrett said they would be doing some work in McDermitt about the middle of May. Commissioner Tipton commented how National Avenue is showing its age. Director Garrett said crack seal is scheduled for next year in the spring or fall, with chip seal the following year. PUBLIC WORKS DEPARTMENT: DISPOSAL OF SURPLUS VEHICLES: A list of proposed auction items was provided for review (see attached). Public Works Director Garrett reviewed the request. There are three road department vehicles, two of which have already been replaced. One vehicle from the Fairgrounds has been replaced. There is a snowmobile and a snowmobile trailer that is in the TV pool and has not been used for years. There is a van that has been upgraded, a vehicle from Nevada Rural Fire, and one from Buildings and Grounds. There are five Sheriff s vehicles of which three are Expeditions, one 1500 Chevy crew cab and one Chevy Tahoe. The crew cab will be re-purposed for the Mosquito District. The Hospital is interested in one of the Expeditions and the Tahoe. There are 14 vehicles counting the snowmobile and trailer. Director Garrett explained how the online auction works and how funds would Page 9 of 11 16

17 04/23/2018 be disbursed to different departments. Commissioner Bell made following motion with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye: To determine that the vehicles are no longer of any use to the County and put them up for disposal. Donate the two vehicles requested by the Hospital and the crew cab be donated to the Mosquito District. PUBLIC WORKS DEPARTMENT: FINAL APPROVAL TO PURCHASE DENIO PROPERTY: Consideration, discussion and possible approval to accept appraisal from William Kimmel, LLC and proceed with purchase of property owned by the Arrien Family Trust (APN ) located at the westerly side of State Route 292 (150 Pueblo Blvd), and vacant acre parcel in Denio, Nevada and Water Permit to be used as a vehicle storage and water source for County road maintenance. A copy of the appraisal and an aerial photo of the site were included on the on-line agenda for review. County Manager Mendiola reviewed the request to proceed with the purchase of property in Denio currently owned by the Arrien Family Trust. Subject property is located at 150 Pueblo Boulevard (APN: ) and vacant land ( ). The purchase price will include the Water Permit. The appraisal come in at $110, Today they will accept or deny the appraisal. The contracts will brought back to the Commission for final approval. Chairman Cerri asked if Pueblo Fire District was participating in the purchase. Public Works Director Garrett explained Pueblo Fire hopes to build a new firehouse on the parcel. They are willing to rehab the wells to get them up to the gallons per minute to satisfy the fire codes. This would also give them more fire protection. Chairman Cerri said he had concerns about this purchase. He spoke with Hank Dufurrena with Pueblo Fire District and they need a dependable water source. Mr. Dufurrena said the Pueblo Fire District has the funds to expand. Mr. Dufurrena said they would like to build a new firehouse in Denio and one in the more rural area of the Pueblo Fire District. Director Garrett explained he has money budgeted for water. The County would be able to take over the old firehouse for maintenance on vehicles. He said there is a lot of community benefit to purchasing this property. Commissioner Brissenden made following motion, which passed unanimously with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye: To accept the appraisal from William Kimmel, LLC and proceed with the purchase of the property owned by the Arrien Family Trust. Page 10 of 11 17

18 04/23/2018 IT DEPARTMENT: WAIVER OF ATTRITION POLICY: County Manager Mendiola explained the request to waive the County attrition policy for the Network Technician I position. He told the Commission there is currently one individual in the IT Department. There is an issue with one-person providing support to all departments on a day-to-day basis. The new systems will be going live in some departments. There is a lot of activity testing the new modules. Commissioner Bell asked if someone more qualified were to apply for the position. Would there be an option to hire someone with qualifications for a Technician II? County Manager Mendiola said they would advertise for a Network Technician I/II. Human Resources Director/Assistant County Manager Abel Del Real-Nava explained how this could be handled. Commissioner Bell made following motion. The motion passed unanimously with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Brissenden, and Commissioner Tipton voting aye: To waive the attrition policy for the vacant IT Department position. FUTURE AGENDA ITEMS: Manager Mendiola reviewed items to add to the agenda discussed within this meeting. One item will be regarding the community pond if Commissioner French is able to contact someone regarding the County s liability. The other item will be the contracts for the Denio property. An item regarding the removal of concrete pillars at the new library building in Denio will also be added. PUBLIC COMMENTS: Chairman Cerri asked for public comments. Hearing none, he adjourned the meeting. ADJOURNMENT: Chairman Cerri adjourned the meeting at 11:53 a.m. ATTESTED: APPROVED: Clerk Chairman PREPARED BY: (Minutes approved by the Commission and signed by the Chairman on ) Page 11 of 11 18

19 05/07/2018 Monday, May 7, 2018 The regular meeting of the Humboldt County Board of Commissioners was called to order on Monday May 7, 2018, at 9:30 a.m. in the regular place of meeting at the Courthouse, Winnemucca, Nevada. Those present were Chairman Ron Cerri, Commissioner Jim French, Commissioner Mike Bell, Commissioner Marlene Brissenden, Deputy District Attorney Wendy Maddox, County Manager Dave Mendiola and Clerk of the Board Tami Rae Spero. Commissioner Ken Tipton was absent. PUBLIC COMMENTS: Chairman Cerri asked for public comments. There was no public comment. DISCUSSION & ACTION ON CORRECTION/APPROVAL OF MINUTES FEBRUARY 1, 2016, MARCH 28-29, 2016, APRIL 4, 2016, APRIL 18, 2016, MAY 2, 2016, JUNE 6, 2016, JULY 11, 2016, AUGUST 1, 2016, AUGUST 15, 2016, OCTOBER 3, 2016, OCTOBER 17, 2016, OCTOBER 27, 2016 (SPECIAL LIQUOR LICENSE), NOVEMBER 15, 2016, NOVEMBER 28, 2016, JANUARY 3, 2017, JANUARY 30, 2017 (RETREAT), FEBRUARY 21, 2017, MARCH 6, 2017, MARCH 20, 2017, MARCH 27, 2017 (BUDGET HEARING), APRIL 3, 2017, APRIL 17, 2017, MAY 15, 2017, JUNE 5, 2017, JUNE 19, 2017, JULY 10, 2017, AUGUST 7, 2017 (JOINT), AUGUST 21, 2017, SEPTEMBER 18, 2017, OCTOBER 9, 2017, JANUARY 16, 2018, JANUARY 29, 2018 (RETREAT), FEBRUARY 5, 2018, FEBRUARY 20, 2018, MARCH 5, 2018, MARCH 19, 2018, APRIL 2, 2018 (BUDGET HEARING), APRIL 9, 2018 AND APRIL 23, 2018 REGULAR MEETINGS; OCTOBER 27, 2016, FEBRUARY 6, 2017, AND APRIL 10, 2017 SPECIAL MEETINGS; DECEMBER 12, 2016, JANUARY 17, 2017, FEBRUARY 6, 2017, MAY 1, 2017, AUGUST 7, 2017, DECEMBER 11, 2017 JOINT MEETINGS. There were no minutes to approve. APPROVAL OF EXPENDITURES: Commissioner Brissenden made the following motion, which passed with Chairman Cerri and Commissioners French, Bell and Brissenden voting aye and Commissioner Tipton being absent: To approve the expenditures for April 21, 2018 through May 4, 2018 as presented. GOLCONDA GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri called the Golconda General Improvement District to order. There was no public comment. Consideration of, discussion and possible approval of expenses for the time period from APRIL 21, 2018 through MAY 4, 2018 related to the operation of the Golconda General Improvement District (GID) for the express purpose of maintaining and improving the water system: County Manager Mendiola said there were no expenditures from April 21, 2018 through May 4, Chairman Cerri asked for additional public comment. Hearing none, he adjourned the Golconda General Improvement District meeting. Page 1 of 15 19

20 05/07/2018 MCDERMITT GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri called the McDermitt General Improvement District to order. There was no public comment. Consideration of, discussion and possible approval of expenses for the time period from APRIL 21, 2018 through MAY 4, 2018 related to the operation of the McDermitt General Improvement District (GID) for the express purpose of maintaining and improving the water or sewer systems: County Manager Mendiola reviewed expenditures from April 21, 2018 through May 4, 2018 for $1, Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To approve the expenditures. Chairman Cerri asked for additional public comment. Hearing none, he adjourned the McDermitt General Improvement District meeting. PARADISE VALLEY SEWER DISTRICT MATTERS: Chairman Cerri called the Paradise Valley Sewer District to order. There was no public comment. Consideration of, discussion and possible approval of expenses for the time period APRIL 21, 2018 through MAY 4, 2018 related to the operation of the Paradise Valley Sewer District for the express purpose of maintaining and improving the sewer system: County Manager Mendiola said there are no expenditures from April 21, 2018 through May 4, Chairman Cerri asked for additional public comment. Hearing none, he adjourned the Paradise Valley Sewer District meeting. MISCELLANEOUS REPORTS AND CORRESPONDENCE: OTHER INFORMATION AND UPCOMING MEETINGS: Chairman Cerri noted upcoming meetings. REPORTS FROM COMMISSIONERS REGARDING OTHER BOARDS AND COMMITTEES THEY SERVE ON: Commissioner Brissenden said she attended the Humboldt Development Authority (HDA) meeting. There was discussion about Explore Your Futures. The County helps fund this program to help sophomore students tour University of Nevada, Reno (UNR). Eighty-nine sophomores toured UNR this year. Commissioner Brissenden said they talked about the strategic plan, which begins this month. Better Cities will be the company preparing the strategic plan for Humboldt County. There will be an update to the Airport Industrial Park brochure. Commissioner Brissenden reported she attended the Paradise Valley Weed Workshop with City Council member Vince Mendiola. She also attended a Paradise Sonoma Conservation District meeting and reported on that meeting. Commissioner Brissenden said she learned more about the lithium mine and proposed project. She reported on discussions with BLM to allow the County to utilize a rock pit. Commissioner Brissenden mentioned the National Mine or Birthday Mine. Page 2 of 15 20

21 05/07/2018 There has been a significant amount of gold found at the National Mine. They have started exploration on about 1,000 acres. Toxic water was found, which killed some livestock. They will need to deal with this issue. Commissioner French told the Commissioners about the Travel Management Plan proposal for the Bureau of Land Management (BLM). He showed the map provided to Commissioners who attended the BLM/County Commission coordination meeting. The map shows the sage grouse priority habitat and what the Travel Management Plan covers. The Travel Management Plan is being developed for protecting greater sage grouse. Commissioner French told the Commissioners things being discussed: modifying the habitat boundaries, adaptive management in those locations, an exception process to allow Counties to access sites, more of a reasonable approach to seasonal timing restrictions based on need. There will be scoping meetings. Commissioner French attended a meeting with Barrick regarding plans. He attended a BLM coordination meeting. He reported on an Indigent Defense Commission meeting he attended with County Manager Mendiola and County Public Defender Matt Stermitz. Commissioner Bell had nothing to report. Chairman Cerri attended a BLM meeting. The new district manager is Ester McCullough. The BLM has funding to begin building a fire station in Orovada. There was discussion regarding the condition of Soldier Meadows Road. They may approach the County about a Memo of Understanding (MOU) or cooperative agreement for maintenance of the road. FIRST READING AND SET TO PUBLIC HEARING: AMENDMENT TO HUMBOLDT COUNTY CODE REGARDING 2017 NV SENATE BILL 176: County Manager Dave Mendiola said this item is tabled. NEVADA DEPARTMENT OF TRANSPORTATION (NDOT) ANNUAL ROAD PROJECTS PRESENTATION: Sondra Rosenberg, Assistant Director for planning for NDOT introduced herself. She presented the Humboldt County Transportation Report. The power point presentation was not available so she referred to documentation provided to the Commission. Chairman Cerri asked about the change in traffic counts on 95 compared to 20 years ago. NDOT will provide the Commissioners with this information. The information provided to the Commissioners gives current traffic and crash counts. They update this information each year. There was discussion on the proposed I11 route decision time frame. Ms. Rosenberg said they would not have a definitive time frame until they have funding. They are trying to narrow the alternatives. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To adopt the NDOT s annual road project presentation. PUBLIC HEARING: 6860 WEST ROSE CREEK ROAD: Page 3 of 15 21

22 05/07/2018 Public Hearing of a Nuisance Complaint filed against property owned by James C. & Kathleen E. Estill and located at 6860 West Rose Creek Road, Winnemucca, Nevada Assessor s Parcel Number : Copies of the nuisance complaint, investigative reports and response from the property owners were included on the on-line agenda for review. Chairman Cerri read the title for the public hearing item. County Clerk Spero told the Commissioners that proper statutory notice and publication has occurred. She said the Sheriff s office and the Building Department investigated the nuisance. They found difficulty in determining a nuisance because the zoning allows for this type of use. Deputy District Attorney Maddox reviewed local code, which does not address waste; she read a portion of NRS regarding agricultural nuisances. The property is zoned Agriculture and there is no limit to the number of animals allowed. Chairman Cerri referred to a letter received from the property owners. Chairman Cerri asked for public comment. Dan Thompson, complainant, approached the Commissioners along with Elizabeth Hill, a friend of the Thompsons. Ms. Hill referred to NRS language regarding anything, which is injurious to health or indecent and offensive to the senses, which is smells. She told the Commissioners the focus of the nuisance complaint is in relation to it being injurious is the stress, the amount of smells, the way their overall living environment has changed. There has been a change to the area since the Thompsons purchased their property, designed and built their home. She continued saying the Thompsons are on a fixed income and their home was designed to save on energy costs. Since the Estills have moved to the area with the sheep, they are not able to enjoy open windows and breezes. This is due to the overwhelming smell from the sheep and flies. It smells like a feedlot from within a half mile. Ms. Hill said there are also barking dogs, these dogs have come onto the Thompson s property and acted aggressively. She said this has created health issues for Mrs. Thompson due to the stress. Ms. Hill said this establishes the injurious to health complaint as defined by NRS in terms of nuisances. The smells are offensive to the senses. She and Mr. Thompson acknowledged that the Estills have been making an effort to alleviate the smells. She referred to the interference with the comfort and enjoyment of their property. The Thompsons are no longer able to open their windows during the summer to enjoy and utilize the cool breezes. They are also not able to enjoy spending time on their porch. Chairman Cerri asked if this is happening during certain periods or months of the year. Mr. Thompson told the Commissioners this year the sheep were on the property since November/December with a couple of loads removed last week. There is a large pile of sheep on the property for several months. Mr. Thompson said there are several hundred head of sheep on the property for several months at a time. The support personnel live on the property to assist with the sheep. He said the flies are bad. Mr. Thompson said the Estills are using the property as a working sheep ranch on the edge of a residential Page 4 of 15 22

23 05/07/2018 area. The smell is bad and overwhelming. He said they have lived on their property over 22 years and they have had to modify their lifestyle to accommodate the Estills. Commissioner French asked about removal of the manure. He said he has been by the property several times and it does not appear there has been an attempt to remove the manure. Mr. Thompson said as far as he knows there has been no removal of any manure. There is a pile on the side of the barn. Commissioner French asked how the guard dogs have access to his property. Mr. Thompson said there is a 4-wire barbed wire fence with chicken wire along the bottom half. There are places in the fence where animals could hop over or crawl through. He said the dogs were very confrontational in the past. James Cole and Dr. Kathleen Estill approached the Commission. Mr. Estill told the Commissioners about problems they have fixed. The two dogs, he witnessed, that were acting aggressively have been removed from the property. The guardian dogs currently on the property are nicer and more personable. Mr. Estill commented on the dogs going under or over the fence between his property and the Thompson s property. The fence was there before he moved in and it is a good fence. The dogs have entered the property from the front. There were two or three sheep on the Thompson s property one time gaining access through a broken fence. The fence was repaired. Mr. Estill addressed the complaint that the sheep are causing health problems. He said he is not sure that is possible. Mr. Estill said there are multiple neighbors nearby and only one has complained. He said he and his wife have had their windows open at night with no problem sleeping soundly. Dr. Estill spoke regarding the manure piles. She said the manure is moved and piled. There is a large stack behind the barn, which they are composting and will use when they re-seed their agricultural field. There is also a pile of dried out manure in front of the barn, which she explained they, use for the lambs to exhibit their natural running and jumping behavior. Dr. Estill said there is some puddling issues in the pen caused by drainage issues. Mr. Estill said there are currently 15 sheep on the property. He commented on March and April of There were a large number of sheep on the property due to uncontrollable circumstances. Mr. Estill went on to explain. He said that not once did having the sheep on the property constitute a health issue for any of the neighbors. He acknowledged it could be noisy from time to time with personnel and dogs on the property. Mr. Estill commented that they are filmed from cameras on the Thompson s property. Commissioner Brissenden asked how many acres they have sheep on. Mr. Estill said they own acres. Commissioner Brissenden asked how many head of sheep they had November through April. Mr. Estill said he would not comment on the question. Commissioner Brissenden commented she has seen this property at its worst. She saw dead sheep on the property for some time. She said it is all about being a good neighbor. This is not your normal farming, lots of acreage to have this type of operation. Page 5 of 15 23

24 05/07/2018 Commissioner Brissenden said one of things they could do is get rid of the manure. Dr. Estill said they are not the only agricultural property in the area. There are other people with manure; even if they remove theirs out it will still smell like manure. Commissioner Brissenden said she understands but this is the only complaint they have at this time. She explained they normally ask the owners of the land to get rid of the most offensive item, which are the piles of manure. She said at this point it is about compromise and understands they are in a sheep business. Dr. Estill said a load left yesterday but they are not in a financial situation to remove it all at once. Commissioner Brissenden said she understands but the smell is offensive. Commissioner French said he would like to get all information before he offers any comments. He told the Estills he appreciates their time to address the issue. He said they can agree that it is about being good neighbors. If there were an opportunity to create an environment that is not so offensive to the neighbors, it would be in everybody s best interest to take that opportunity. Commissioner Cerri commented he agrees with Commissioner French. This is zoned agricultural with no limitations on the property. The best they can do is avoid conflict with the neighbors. Christina Kenison and JoAnn Pavao approached the Commission and said they live on Rose Creek Road. Mrs. Kenison said they have no problem. Her property is upwind and they don t have a problem. She said the Estills are great neighbors. Ms. Pavao said she lives between the Thompsons and the Estills. She said last year there were problems but the situation this year is different. She said the smell was horrible last year. Ms. Pavao said communication is necessary between neighbors. She said she sees progress this year regarding the smell. John (last name not clear) approached the Commissioners. He commented on fire problems in prior years. If sheep had been grazing, there would not have been the fire problems. He said the sheep were brought in for lambing, once they have lambed the sheep and lambs are taken back to grazing area. The large number of sheep is dwindling. Due to the problem the Estills had they last year the sheep needed to be on the property or lose money. John commented on the dogs and sheep that were at his house recently. He commented on the manure, winds and the smell. John said they are getting a service out of the Estills and their sheep. The sheep eat the grass and reduce fire danger on BLM land. Mr. Estill said the property John referred to is private leased land, not BLM land. Rodney Glinsmann, a West Rose Creek Road resident, approached the Commissioners. Mr. Glinsmann said he farms as a hobby and has sheep and cows. His concern is how this concern could evolve. He has manure, also. Commissioner Brissenden asked if his production is as large as the Estills. Mr. Glinsmann said no, he has six sheep and a couple head of cattle. Al Lursen, a West Rose Creek Road resident, approached the Commissioners. Mr. Lursen said he has sheep. He is in the middle of the Glinsmann s and the Thompson s. He said periodically that there will be an aroma, which is ok. Mr. Lursen said last Page 6 of 15 24

25 05/07/2018 week the sheep aroma was overpowering. He said it happens and he has spoken with the Estills. Mr. Lursen said it is the volume of what is happening on the Estill property that is the problem. The prior owner had a few head of cattle and some horses and occasionally there would be an aroma. He said he would like to see this peacefully taken care of. Mr. Lursen said he spoke with Mr. Estill regarding the big dogs that were on the property and acting aggressively. He commented on the trailers on the property for the workers. Mr. Lursen said he understands Mr. Estill is in a difficult business but he needs to make some adjustment. Jacob Dempsey, a West Rose Creek Road resident, approached the Commissioners. Mr. Dempsey told the Commissioners he lives across the road from the Estills and that he has cattle and a few sheep on his property at times. He said he accumulates manure. Mr. Dempsey said when he bought the property it said Ag. He asked at what point and time will this same complaint could affect him. He said when you buy property that is zoned Ag, how is that different from purchasing a farm and from the property he bought? Mardell Gallio, who lives on Market Street, approached the Commissioners. Ms. Gallio said her property is zoned Ag and she has animals. She asked how a limit can be placed on someone as to how many animals they can have. Donnie Frakes, who lives on Deer Street, approached the Commissioners. Mr. Frakes said he asked Mr. Estill to run his sheep around his property. There about 30 acres that are a fire hazard. He spoke of how positive the grazing was. He commented the smell of smoke is worse than sheep manure. Mr. Frakes commented the weather has been changing and was different this year. He said he has neighbors with livestock. Sometimes this irritates neighbors with the noise and smells from the livestock and dogs. Mr. Frakes said he appreciates Mr. Estill and how he handles his operation. He does not want to see any laws change. Chairman Cerri asked if there was any further public comment. There was no further public comment. Commissioner Brissenden commented on the question if she was good friends with either the Estills or the Thompsons. She said she is friends with both but that has nothing to do with her decision. Commissioner Brissenden said she has been going by the property to check out the situation. She said being good neighbors is good neighbors. They don t want to change anything. She said the minimal thing that can be done and is get rid of some of the manure. Chairman Cerri commented, for clarification, that they are here today to determine if there is a nuisance, not to change any laws. Dr. Estill said she understands where the Commissioners are coming from. She said they have been working hard on their property. They are dedicated to the area and want to provide services for the community. Dr. Estill said they have an excellent relationship with the majority of their neighbors. They are comfortable when the neighbors have concerns. She said they are community minded and this is where they want to be. She commented it takes a good neighbor to be a good neighbor. Nothing can be fixed if there is no Page 7 of 15 25

26 05/07/2018 communication. Dr. Estill said they found out about the issue after a formal complaint was made. She commented again on the importance of communication and wanting to work well with her neighbors. Commissioner French commented about other nuisance complaints the Commission has had to deal with. The one that stands out is the pig complaint. That was not in the same league of what they are dealing with here. The issue with the pigs was the owner was not interested in being a good neighbor. Commissioner French said in this situation the Estills are trying to make a living and want to be part of the solution. The situation last year was unanticipated, temporary financial circumstance at the time. Commissioner French said he drove by the property and there have been changes made, including removal of portions of the manure. The issue with the dogs is over and above the issue of the smell. He said the issue is if they can abate the problem with the smell and flies. This is not a permanent situation but periodic and seasonal. Commissioner Bell said with agriculture you will have a smell. He asked if there is a nuisance since the property is zoned for agricultural use; do they have a right to run an agricultural type business on their property. He commented there are no limits. It comes back to being a good neighbor and mitigating the circumstances. Commissioner French said the issue is the definition of offensive per NRS. The issue is not the sheep it is the manure. It falls back on intent and being a good neighbor. He said the property owners are attempting to be good neighbors. Commissioner Brissenden asked County Clerk Spero how they handled the complaint off Grass Valley road with lots of horses. Clerk Spero said the property owner agreed to keep up on the manure to keep the flies down and it was not considered a nuisance. Mr. Estill said he has attempted to speak with Mr. Thompson about the fence several times and was ignored. Mr. Thompson (from the audience) denied this statement. Mr. Estill said he would like to have a new, high; solid fence to be able to work his property as a sheep business. He said they would like to move the manure but they do not have the funds to pay someone to haul it away right now. He said if someone wants some of it, come and get it. Mr. Estill did comment that the piles are currently dry. When half the pile is moved, the other half will stink worse than it does now until it dries out. He said they are making an effort to replant the field. Chairman Cerri said Mr. Estill recognizes there are issues and he is willing to address the issues. Comments from neighbors were that Mr. Estill is trying to do his part. The dog issue was taken care of. Chairman Cerri acknowledged the property was purchased because it is agricultural ground. With that comes smell and you do what you can to keep the smell to a minimum. He said Mr. Estill recognizes the problem and is willing to work on it. The Commission has no authority but to follow the zoning ordinance for that property. Commissioner Brissenden asked if they want to try what was done on the previous complaint. The property owner would move the manure off the property as often as they could. Chairman Cerri commented on Mr. Estill s comment regarding the Page 8 of 15 26

27 05/07/2018 issue if a dry pile of manure is touched. The smell would be worse unless you remove the entire pile. Commissioner French said this does not fall within the category as they have had in the past in terms of declaring a nuisance. It is Ag land. There was discussion among the Commissioners. Commissioner French said in order to declare a nuisance based on the smell you would have to change the rules and he is not interested in doing that. They need to follow the rules that are in place. He said he believes the Estills are going to do what they can do to abate the problem. Commissioner Bell said he understands the issue but the zoning allows an Ag operation. Chairman Cerri said he does not want to make the situation worse between neighbors. He is not sure what they can do about the issue with the property being zoned for agricultural use. Commissioner Brissenden said she hopes the property owners can work together on a solution. Deputy District Attorney Maddox told the Commission the appropriate action would be in the form of a resolution. To be entered in the minutes whether or not substantial evidence has been presented that a nuisance exists. Commissioner French made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: That he does not believe that substantial evidence has been presented to warrant a declaration of a nuisance on the part of this board. PUBLIC HEARING: ABANDONMENT OF ROADWAY AND UTILITY EASEMENTS: Public Hearing on a request from Val-Energy, LLC to abandon all the existing roadway and utility easements that were dedicated to Humboldt County in Section 15, T.35N., R.43E., M.D.B.&M., A.P.N thru and the W1h of Section 27, T.35N., R.43E.,M.D.B.&M.,A.P.N thru and , 12 & 13: A copy of the request for abandonment with parcel maps attached was included on the on-line agenda for review. Chairman Cerri read the title of the item set to public comment. John H. Milton, III with Desert Mountain Surveying, representing Val-Energy, reviewed the request. If the abandonment is approved a Reversion to acreage to remove all of the lot lines will be filed. Chairman Cerri asked for public comment. There was no public comment. County Clerk Spero said all statutory notice occurred required by Statute. Commissioner French made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To accept the request for abandonment of roadway and utility easements as described in item 12. JUVENILE DETENTION: WAIVER OF THE ATTRITION POLICY: Pauline Salla, Juvenile Detention Director reviewed the request to waive the attrition policy for the Residential Technician (Youth Advisor) position. Page 9 of 15 27

28 05/07/2018 Ms. Salla told the Commissioner this position as been vacant since December Ms. Salla explained the position. Commissioner French commented this is a safety issue and staffing levels are critical. Commissioner French made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To approve the request for the waiver of attrition policy for the Juvenile Detention Program for a residential technician youth advisor. APPROVAL OF GOLD DIGGERS OFF-ROAD RACE SEPTEMBER 8-9, 2018: Consideration, discussion and possible approval for the Gold Diggers Off-Road Motorcycle Club, a nonprofit organization, to hold their 2018 Motorcycle Racing Association of Northern Nevada (MRANN) sanctioned race in the Winnemucca Mountain area, using the previous "Winnemucca Grand Prix" course, on September 8-9, 2018: A copy of a letter of request from the Gold Diggers Motor Cycle group was included on the on-line agenda for review. County Manager Mendiola reviewed the request noting that he had spoken to Public Works Director Garrett about this and Director Garrett has no problem with the course. There was discussion regarding the request. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To approve the Gold Diggers off-road race September 8-9, TREASURER: RESOLUTION FOR RETURN OF SALE OF DELINQUENT TAX AUCTION: A copy of the proposed resolution, a copy of the properties presented at the sale (see attached) and a copy of the Affidavit of Delinquent Tax Mailing were included on the on-line agenda for review. Humboldt County Treasurer Rhona Lecumberry reviewed the request for the approval of a resolution for return of sale of delinquent properties, which were sold by the Treasurer April 20, County Treasurer Lecumberry told the Commissioners out of the $145, bid they have set aside $112, in their excess proceeds. She explained this has to set out for a year so anyone who has a claim can file. County Treasurer Lecumberry said 22 of 53 parcels sold, the 31 that did not sell are mainly the Golconda parcels. She told the Commission at this point they have no option or method of dealing with these properties. There was discussion on the Golconda properties and the problem that they are not buildable. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To adopt a resolution for return of sale of the delinquent tax auction. (Resolution No ) BUILDINGS AND GROUNDS: DISPOSAL OF NON-BENEFICIAL EQUIPMENT: Page 10 of 15 28

29 05/07/2018 Consideration, discussion and possible approval for the Humboldt County Administrators office to sell and discard surplus equipment, including but not limited to office furniture, HVAC units and accessories, lighting standards that have accumulated and request for a determination by the board that said personal property is no longer required for public use and that such action is desirable and is in the best interest of the County in accordance with NRS Chapter 332: Enoc Gaitan, Buildings and Grounds Director reviewed the request to dispose of non-beneficial equipment. There was discussion regarding the request. Commissioner French asked about the County holding an auction to accept bids on the property. He asked if there is an active effort to catalog and sell or donate these items to other agencies. Commissioner French asked how non-governmental organizations or governmental organizations and interested public see what is available. Is this the beginning of the steps to hold an auction? Or is this asking for approval to throw it all in a dump truck? Commissioner French said there could be a value to these items. He said he thinks the County should provide the opportunity for people to view the items and bid on them. There was further discussion regarding any possible value of the items. County Manager Mendiola said there is an extraordinary amount of stuff. It will take time and effort to catalog the items we do not have the resources to do this. He said he has no problem with having a yard sale. The first thing they can do is send a message to other counties to see if there is any interest. There are 3-4 units with items in them along with the basement. There was a comment about using an Auction Company. Commissioner French said if they could identify what is available and get that information out to other entities. If there is too much do a little at a time. If there are items of value, use those items for an auction. There was discussion regarding the process. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: The Commission determines the personal property is no longer required for Our public use and we will dispose of the property with the recommendation by the administration. Finding that this is in the best interest of the County in accordance with NRS Chapter 332. The Commissioners took a five minute recess. DENIO LIBRARY: APPROVAL TO REMOVE CONCRETE PILLARS FROM PROPERTY: Consideration, discussion and possible approval to donate and have removed the concrete pillars from the new Denio Library property that are hindering effective use of the property for parking. Request for Board determination that the pillars have reached the end of their useful lives per NRS : Page 11 of 15 29

30 05/07/2018 Jessica Anderson, Interim Library Director reviewed the request to remove and donate the two concrete pillars at the Denio Library. Interim Library Director Anderson told the Commissioners the pillars are hindering effective use of the property for parking. She said there is someone interested in the pillars and the interested party would remove the pillars at their own cost. Commissioner French made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To approve removal of the pillars. SHERIFF: LIQUOR BOARD: Sheriff Mike Allen convened the Liquor Board meeting at 11:53 a.m. Sheriff Allen reviewed the following request for a special liquor license, with recommendation for approval: Kevin Pasquale for Paradise Valley Fire Department 2 events Runamucca Event Saturday, May 26, 2018 Father s Day BBQ - Sunday, June 17, 2018 Commissioner Cerri made the following motion, which passed with Commissioner Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To approve the liquor license or the Paradise Valley Fire Department. Sheriff Allen reviewed the following request for a special liquor licenses, with recommendation for approval: Patty Ellifritz for Northern Nevada Racing Association 6 events May 12 th Test N Tune May 27 th High Noon Bike Drags June 22 nd and 23 rd Jumpin June Drags July 20 th and 21 st July Good times Race August 3 rd, 4 th and 5 th High Desert Outlaws September 7 th and 8 th Memorial Race Commissioner French made the following motion, which passed with Commissioner Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To approve the liquor license for the Northern Nevada Racing Association 6 events as stated. Sheriff Mike Allen adjourned the Liquor Board at 11:55 a.m. Page 12 of 15 30

31 05/07/ SURCHARGE COMMITTEE APPOINTMENT OF MEMBERS: Consideration, discussion and possible re-appointment of five members of the 911 Surcharge Advisory Committee to serve two-year terms beginning May 15, 2018 through May 14, Andy Rorex, Member, Cami Durick, Member, Ric Grantham, Member, Don Hogg, Member, Torrey Sheen, Member. Deputy District Attorney Maddox reviewed the request explaining that the Commissioners appoint members to the 911 Advisory Committee per NRS 244A.7645(3)(a) and Humboldt County Code There are two terms and according to Statute, they are asking 3 members be re-appointed with a term ending 12/31/19 and 2 members appointed or re-appointed with a term ending 12/31/18. Sheriff Allen said it is important to get the committee re-established. There was discussion regarding whom to appoint to which term. Deputy District Attorney Maddox explained the requirements for someone to be on the Committee and recommended Captain Andy Rorex from the Sheriff s office, Don Hogg with AT&T and Cami Durick, secretary of the Committee for the term ending 12/31/19. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To re-appoint Andy Rorex, Cami Durick and Don Hogg for the term ending 12/31/19. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To appoint Ric Grantham and Torrey Sheen for the term ending 12/31/18. PRESENTATION ON THE NEVADA DEPARTMENT OF AGRICULTURE HEMP CULTIVATION PROGRAM: Russell Wilhelm, Manager of the Plant Industry Division of the Nevada Department of Agriculture appeared before the Commissioners. Mr. Wilhelm told the Commission he was there to provide information regarding industrial hemp. He gave a brief history of industrial hemp in the United States since the enactment of 2014 Farm Bill. They developed Nevada Senate Bill 305, which was codified June 4, This authorizes industrial hemp farming in the State of Nevada. Nevada Senate Bill 396 was adopted June 1, 2017, which enhanced the industrial hemp program for the State of Nevada. Mr. Wilhelm said the Department of Agriculture took both Senate Bills and refined them into Nevada Administrative Code (NAC) Chapter 557. This is for enforcement and protocol, how the Department of Agriculture is going to administrate the program throughout the state. Mr. Wilhelm told the Commission about the 2018 Hemp Farming Act. This would de-schedule industrial hemp from the Controlled Substances Act. Currently industrial hemp is in the same category as marijuana, defined as a schedule 1 narcotic. He explained the benefits of the 2018 Hemp Farming Act. At this time, the act has not been adopted. Mr. Wilhelm told the Commissioners how the Department of Agriculture manages the program. Commissioner Bell asked Page 13 of 15 31

32 05/07/2018 about the demand for industrial hemp. Mr. Wilhelm said there is a large demand. Commissioner Bell asked how you grow the THC out of the plant. Mr. Wilhelm explained how this is done. Commissioner French said he knows some people in the business and has questions. He asked who determines and certifies what species of cannabis is being grown; the total amount found in the plant has to be below a certain percent, what happens to the flower. Mr. Wilhelm explained the internal protocol they have to control the import of specific seed varieties. Mr. Wilhelm explained how they manage their internal protocol. When a sampling inspection is conducted, they harvest the top 6 inches of the female flower. Mr. Wilhelm said the Department of Agriculture is tasked with developing quality assurance standards for products that are derived from industrial hemp. He explained what the standards would be. Chairman Cerri asked is the product will be sold in marijuana dispensaries. Mr. Wilhelm said they would not be sold in marijuana dispensaries. Agricultural hemp will be treated, in the State of Nevada, like any other agricultural commodity. There was discussion regarding industrial hemp and CBD oil with information provided by Mr. Wilhelm. Commissioner Brissenden asked how often they inspect the farms. Mr. Wilhelm told the Commission they conduct a preliminary inspection 15 days post-planting, the second inspection is 15 days prior to harvest. Mr. Wilhelm provided information regarding the movement of industrial hemp throughout the State of Nevada since the program was enacted in He said the first year there was about 225 acres produced, 2017 there was about 500 acres. Now they are looking at around 1,500 acres of industrial hemp production. Mr. Wilhelm explained the certification requirements/qualifications a grower has to meet to grow industrial hemp. There was discussion regarding industrial hemp, its uses and regulation. Mr. Wilhelm told the Commission the intent of the Nevada Department of Agriculture is to rotate this crop into Nevada s agricultural economy and allow this to be an alternative crop for producers to take on. Chairman Cerri asked how they are coordinating with law enforcement. Mr. Wilhelm said they are working with regional drug task forces, sending them information of the location of industrial hemp crops. There was discussion about addressing industrial hemp in the County Ordinances. Rick McClintick from Orovada approached the Commission. He said they have been trying to produce industrial hemp since the program started. They have had issues and are struggling. He told the Commission it is a learning process. Mr. Wilhelm told the Commission the most interest is in the CBD oil not the fiber from the hemp plant. He told the Commission at this time no County has adopted an ordinance specific to industrial hemp. The Commissioners agreed this is something Humboldt County should look at adopting. INSURANCE BENEFITS COMMITTEE BENEFIT RATE APPROVAL: Page 14 of 15 32

33 05/07/2018 Consideration, discussion and possible approval of the rates for the Benefits package for Humboldt County employees. The county received a rate pass (no increase) from Hometown Health, while the Committee recommends a change for Dental, Vision and Life to Kansas City Life in order to keep those rates stable. Thus, the overall maximum for benefits to each employee will be reduced to $904 from the current maximum of $910: County Manager Mendiola reviewed the benefit plan for medical, dental, vision and life insurance. The County contribution for 2018/2019 will be $ for each employee. He told the Commission that the Insurance Benefits Committee is looking at other options for insurance coverage. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Brissenden, Commissioner French, and Commissioner Bell voting aye with Commissioner Tipton absent: To accept the 2018/2019 benefit rate approval as presented. PUBLIC WORKS DEPARTMENT: GENERAL ROAD PROJECTS: This item was tabled. FUTURE AGENDA ITEMS: Manager Mendiola reviewed items to add to the agenda discussed within this meeting. He said at some point he would add an item regarding hemp cultivation. There will be an item regarding a plan to dispose of the equipment in storage. Commissioner Brissenden asked County Manager Mendiola to contact Melanie Aten who is the representative for the Conservation District as she would like Ms. Aten to do a presentation at a meeting. PUBLIC COMMENTS: Chairman Cerri asked for public comments. Hearing none, he adjourned the meeting. ADJOURNMENT: Chairman Cerri adjourned the meeting at 1:03 p.m. ATTESTED: APPROVED: Clerk Chairman PREPARED BY: (Minutes approved by the Commission and signed by the Chairman on ) Page 15 of 15 33

34 05/21/2018 Monday, May 21, 2018 The regular meeting of the Humboldt County Board of Commissioners was called to order on Monday May 21, 2018, at 9:30 a.m. in the regular place of meeting at the Courthouse, Winnemucca, Nevada. Those present were Chairman Ron Cerri, Commissioner Jim French, Commissioner Mike Bell, Commissioner Marlene Brissenden, Commissioner Ken Tipton, Deputy District Attorney Wendy Maddox, County Manager Dave Mendiola and Deputy County Clerk Elisha Formby. PUBLIC COMMENTS: Chairman Cerri asked for public comments. Bill Donaldson from McDermitt, NV appeared before the Commission. He spoke regarding Question 3 on the Nevada ballot about residents ability to purchase power from other sources. He said he encourages the Commission to adopt a resolution objecting to the passage of this question. Mr. Donaldson told the Commission the passage of this question would be detrimental to residents in northern Nevada and explained why. Mr. Donaldson told the Commission the Road Department is doing a good job in McDermitt. There is a problem with the water and sewer and encouraged the Commission to approve overtime for the Road Department employees. DISCUSSION & ACTION ON CORRECTION/APPROVAL OF MINUTES FEBRUARY 1, 2016, MARCH 28-29, 2016, APRIL 4, 2016, APRIL 18, 2016, MAY 2, 2016, JUNE 6, 2016, JULY 11, 2016, AGUSUT 1, 2016, AUGUST 15, 2016, OCTOBER 3, 2016, OCTOBER 17, 2016, OCTOBER 27, 2016 (SPECIAL LIQUOR LICENSE), NOVEMBER 15, 2016, NOVEMBER 28, 2016, JANUARY 3, 2017, JANUARY 30, 2017 (RETREAT), FEBRUARY 21, 2017, MARCH 6, 2017, MARCH 20, 2017, MARCH 27, 2017 (BUDGET HEARING), APRIL 3, 2017, APRIL 17, 2017, MAY 15, 2017, JUNE 5, 2017, JUNE 19, 2017, JULY 10, 2017, AUGUST 7, 2017 (JOINT), AUGUST 21, 2017, SEPTEMBER 18, 2017, OCTOBER 9, 2017, JANUARY 16, 2018, JANUARY 29, 2018 (RETREAT), FEBRUARY 5, 2018, FEBRUARY 20, 2018, MARCH 5, 2018, MARCH 19, 2018, APRIL 2, 2018 (BUDGET HEARING), APRIL 9, 2018 AND APRIL 23, 2018, MAY 7, 2018 REGULAR MEETINGS; OCTOBER 27, 2016, FEBRUARY 6, 2017, AND APRIL 10, 2017 SPECIAL MEETINGS; DECEMBER 12, 2016, JANUARY 17, 2017, FEBRUARY 6, 2017, MAY 1, 2017, AUGUST 7, 2017, DECEMBER 11, 2017 JOINT MEETINGS. There were no minutes to approve. APPROVAL OF EXPENDITURES: A report identifying the expenditures being considered was attached to the agenda for review. Commissioner Brissenden made the following motion, which passed unanimously: To approve the expenditures for May 4, 2018 through May 18, 2018 as presented. PLANNING: APPLICATION TO DIVIDE LAND INTO LARGE PARCELS: Consideration, discussion and possible approval of LP Final Map - A Division of Land Into Large Parcels application submitted by Desert Mountain Surveying as agent for All Finance, LLC to divide section into 14 parcels. Subject property is Page 1 of 21 34

35 05/21/2018 located approximately 2.5 miles north of Jungo Road, 1 mile north on Diablo Road from Kit Carson Road within Section 13, T36N, R35E M.D.B.&M.; assessor s parcel # A copy of the Memorandum from the Regional Planning Department detailing the application and recommending approval was included on the on-line agenda for review. Betty Lawrence, Senior Planning Technician and John H. Milton, III with Desert Mountain Surveying appeared before the Commission. Mrs. Lawrence told the Commission the Regional Planning Commission approved the tentative map at their April meeting. The map is to divide Section 13 within T36N, R35E, M.D.B. &M. in to 14 parcels; assessor s parcel # Mrs. Lawrence said all the required verbiage is on the map and Staff recommends approval of the final map. Mr. Milton said he was there to answer any questions. Commissioner French asked about access. Mr. Milton said there is adequate access to the parcels. Commissioner asked if there are existing water rights. Mr. Milton said these are 40-acre parcels and there is no requirement to relinquish water rights to the State. Commissioner Brissenden asked who the applicant is. Mr. Milton gave ownership history of the property. Commissioner Tipton asked about the water basin. Mr. Milton told the Commission this property is in the Winnemucca Ground Water Basin. There was discussion regarding previous Division Into Large Parcel maps filed and access issues. Mrs. Lawrence said people looking to purchase these properties are getting information prior to purchasing, doing their due diligence. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the final map for LP RSVP UPDATE: Brian Nelson, Field Rep for Humboldt County and Kate Fries, Office Manager with RSVP (Retired Senior Volunteer Program) appeared before the Commission. Mr. Nelson updated the Commission on progress made since the program started. Kate Fries will be taking over as Field Rep when Mr. Nelson relocates. Ms. Fries told the Commission about challenges with the many trips to Reno and the lack of drivers. She said there is a waiting list due to staff shortage. Commissioner French asked if the volunteer drivers need a CDL license. Ms. Fries responded that CDL licenses are not required. They need four drivers to be at full staff. SHERIFF: LIQUOR BOARD: Sheriff Mike Allen convened the Liquor Board meeting at 9:47 a.m. He reviewed the following 3 rd quarter liquor license renewals, with recommendation for approval: Chloe Dufurrena Say When Casino Norman Calhoun & Barry Wilkinson Quinn River Merc J. Kennedy and D. Acorda Paradise Valley Bar & Grill Gbreal Zoni & Shalla Reagan Valmy Petroleum, Inc. Page 2 of 21 35

36 05/21/2018 Ted Rookstool - Windspur Supply Sawtooth Mountain Key s Sawtooth Station Parmjit Singh BJ s Market Nola Thompson - Club 40 Georgina Perry Denio Enterprises Commissioner Tipton made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the 3 rd quarter liquor license renewals. Sheriff Allen reviewed the request for a new liquor license submitted by Jeffery Siegel on behalf of the Diamond Inn Bar in Denio, with recommendation for approval. Commissioner Cerri made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the request for a liquor license for the Diamond Inn Bar. Sheriff Allen reviewed the request for a new liquor license submitted by Bryan Grote on behalf of Pilot Travel Center, with recommendation for approval. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the request for a liquor license for the Pilot Travel Center. Sheriff Allen told the Commission Crawford Ranches needs to be removed from the Santa Rosa Station as they did not renew. Gail Morrison needs to be removed from the Valmy Station, which was surrendered. Sheriff Allen adjourned the Liquor Board at 9:51 a.m. SHERIFF: WAIVER OF ATTRITION POLICY: Sheriff Mike Allen reviewed the request to waive the attrition policy for a Dispatch Operator position and a Detention Deputy position. Sheriff Allen said the Detention Deputy position is due to the retirement of an employee. When the new position is replaced, it will be at a deputy salary, which is $14.00, an hour decrease in the salary. This is a budget savings of $30, per year. The other Detention Deputy position is due to a voluntary demotion of a deputy reclassified to a Central Control position. This is an additional savings of about $4, per year out of the detention budget. There are currently three vacant positions in the Detention Center but Sheriff Allen told the Commission what he is requesting is to fill only two of the positions. Commissioner French asked how long the positions have been vacant. Sheriff Allen said the positions have been vacant since May 6, 2018 and May 9, Commissioner Brissenden made the following motion. The motion passed with Chair Page 3 of 21 36

37 05/21/2018 Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the waiver of the County attrition policy for Dispatch Operator and Detention Deputy. Sheriff Allen said there are two positions in Detention and one position in Dispatch but they only talked about the Detention positions. District Attorney Mike MacDonald asked for clarification of the request. Commissioner Brissenden made the following amended motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the waiver of the County attrition policy for one Dispatch Operator and two Detention Deputies. SHERIFF: REQUEST TO ACQUIRE CONTROL CONSOLE: Consideration, discussion and possible approval for the Sheriff s Office to enter into an agreement for the purchase, replacement and installation of the control panel system that operates the entire detention center in an amount not to exceed $250,000 and a determination that the contract not be advertised as required by NRS as an emergency exists that affects the public health, safety or welfare. Sheriff Allen and Captain Andy Rorex reviewed the request to purchase, replace and install a new control panel system. Sheriff Allen told the Commission the system is very old and told them of the problems with the current system. They have reached out to three vendors and received quotes from the three vendors. The District Attorney s office has reviewed the request and feels this meets the public safety exception not requiring an RFP. Sheriff Allen said since the end of the fiscal year is approaching he would like to carry over the budgeted amount not to exceed $250, to the next budget year. He said they also request approval to contract with a company. District Attorney Macdonald said a determination that an emergency exists that will affect the public health, safety and welfare is what the Commission will decide. Captain Rorex explained the sufficient issues that make this an emergency. He told the Commission the panel is 20+ years old. It deals with switches and push buttons. He said they are housing some violent inmates within the maximum-security tank. Some of the doors open automatically, some will not close. They have to be closed manually. There are tanks where the intercom systems do not work. There are doors in the medium tank that do not unlatch. The switches on the console do not work consistently. They are so old they cannot get parts to replace them. Captain Rorex described the system they would like to purchase. County Manager Mendiola told the Commission the $250, for the new console was included in the 2017/2018 Page 4 of 21 37

38 05/21/2018 budget and these funds have been moved to the 2018/2019 budget. There was discussion regarding the project start date. Chairman Cerri asked about the three quotes received and how the company chosen falls within the three quotes. Captain Rorex and Sheriff Allen indicated they are the lowest. Captain Rorex said this company offers everything the other companies offered. Commissioner French asked about the life expectancy of the proposed system. Captain Rorex said there is a 3-year warranty as well as training opportunities for the software. Chairman Cerri asked about the quote from the company. Sheriff Allen told the Commission the quote to do the work is $118, They want to opt in for service and repair of the door locks, which is $7, The $250, budgeted will more than cover the cost of the new console system. Captain Rorex reviewed what the quote covers. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. That the Commission determines there is an emergency that exists that affects the public health, safety and welfare. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the Sheriff s Office to enter into an agreement for the purchase, replacement and installation of the control panel system for the Detention Center not to exceed $250, ASSESSOR: WAIVER OF ATTRITION POLICY: County Assessor Jeff Johnson reviewed the request to waive the attrition policy for the Deed and Title Review Specialist position, which became vacant May 18, Assessor Johnson said he would like to advertise for an Admin Clerk position and/or Deed and Title Review Specialist. The Admin Clerk position is for someone with no experience who would require training. Commissioner Brissenden made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the waiver of the Humboldt County attrition policy for the Deed and Title Review Specialist position that will become vacant May 18, JOINT MEETING CITY OF WINNEMUCCA & HUMBOLDT COUNTY COMMISSION Present on behalf of the Winnemucca City Council were Mayor DiAn Putnam and City Councilmen Vince Mendiola, Theresa Mavity, Jim Billingsley, Mike Owens and Paige Brooks, City Manager Alicia Heiser, City Clerk Lorrie Haaglund and City Attorney O. Kent Maher. ANNUAL COST SHARE AGREEMENT BETWEEN HUMBOLDT COUNTY & CITY OF WINNEMUCCA FOR THE 2018/2019 FISCAL YEAR: Consideration, discussion and possible approval of the annual Cost Share Page 5 of 21 38

39 05/21/2018 Agreement between Humboldt County and the City of Winnemucca for the fiscal year. This agreement provides for the sharing of costs among the City and County for such things as General Government, Public Safety and Public Works. A copy of the proposed City/County Cost Share Agreement for 2019 was included on the on-line agenda for review. City Manager Heiser provided cost share information: Airport 50/50; Cemetery 25/75 (City); parks 40/60; golf course 40/60; pools 40/60; recreation 40/60; County/City animal control 50/50; spay/neuter program 50/50. Other departments with shared are the building department 35%; planning department 25%; dispatch 30%. Mayor Putnam said nothing has changed in the share amounts; they are the same as last year. City Manager Heiser said the City and County share in the cost of insect control 50/50. The Airport Grant program is covered 93.75% by the FAA with the remaining 6.25% split between the City and County. Comptroller Gina Rackley provided information on the cost share increase for the County of $41,300.00, for the City about $21, Commissioner French made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To accept the annual cost share agreement as presented. CONSIDERATION OF A BALLOT MEASURE FOR THE 2018 ELECTION: Consideration, discussion and possible approval to proceed with consideration of a ballot measure for the 2018 election to consider a recreational tax of 0.25% to enact an Ordinance to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes pursuant to NRS 377A.030. Chairman Cerri read the item to consider a recreational tax of 0.25% to enact an Ordinance to acquire, develop, construct, quip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those uses pursuant to NRS 377A.030. Spring Higley appeared before the Commission. She spoke in support of the proposed recreational tax. Mayor Putnam explained passing of a recreational tax has been tried with no luck. She said there are four other Counties proposing a recreational tax. Mayor Putnam explained the proposed tax and how it could be used. Mayor Putnam spoke about both the outdoor and indoor pools. Sage Heights is closing and the indoor pool is on its last leg. She said the recreation tax is for the benefit of the community and spoke about who would benefit. Ms. Higley explained the impact of dollars. She gave an example of purchasing a new computer for $1, Out of the $1,000.00, $20.00 will go into the recreation tax. Out of a family of four, the impact would be maybe $ $ per year. Ms. Higley Page 6 of 21 39

40 05/21/2018 said we are a major hub for travelers. Anyone who spends money will help pay the recreation tax. Commissioner Cerri asked if there would be a different tactic to get the word to the citizens of Humboldt County. Ms. Higley said they need to speak to the outlying communities. The recreation tax will benefit the entire County, not just the City. There was a previous impression that what was proposed was a sales tax. She said this is not a sales tax but a sales and use tax. Commissioner Brissenden commented that people do not like it when taxes are raised. She said it is important to be specific. At this time, the funds would be put into a new pool. Ms. Higley agreed and said that a new pool is the first item on the list. There has been a pool in Winnemucca for 60+ years. She spoke of the people in the community who use the pool and the chance of bringing swim events to Winnemucca. With those events, people will come and spend money in the community. Commissioner Bell commented on the confusion the last time this type of tax was proposed. Commissioner Brissenden asked who is responsible for the tax money. City Manager Heiser said it would come as a portion of the CTX tax and it will be up the City Treasurer and County Comptroller to sort out the funds. Commissioner French said he supports the proposed tax 100%. Put the information out there and explain the benefits to the community. City Councilmen Brooks and Mendiola agreed. Commissioner Tipton commented the proposed tax has to be explained and sold to the community. That this would be a sales/use tax, not a property tax. City Manager Heiser explained the next process would be a resolution passed by the County Commissioners because it is a County tax. There will be another joint meeting June 18, At that meeting, there will be a resolution, the actual question and the economic impact for both the citizens and the City and County. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve and proceed with consideration of the ballot measure. To bring this back to the next meeting to approve a resolution. REQUEST TO ESTABLISH A REQUEST FOR PROPOSAL (RFP) FOR THE LANDFILL COMMITTEE: Consideration, discussion and possible approval for the Landfill Committee to establish a Request for Proposal (RFP), advertise and award a new contract for operation of the Regional Landfill. The current contract with Delong Construction & Drilling will end in September of 2018 County Manager Mendiola gave an update on the current contract and the expiration date. The County is at a point they need a Request for Proposal (RFP). He has the information for the RFP. Today the Commission will approve the start the process for a RFP. They need to get this done by the expiration date of September for the current contract. Commissioner French made the following motion. The Page 7 of 21 40

41 05/21/2018 motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To open a RFP to advertise and award a new contract for the operation of the Regional Landfill. The Commission took a five minute recess. PUBLIC HEARING: FISCAL YEAR FINAL BUDGETS: Consideration, discussion and possible changes to the fiscal year Tentative Budgets for Humboldt County and possible approval of the Fiscal Year Final Budgets for Humboldt County. Public Hearings will also be conducted simultaneously on the Final Budget for Golconda Fire District and Final Budgets for Denio TV District, Golconda Water District, Humboldt Fire District, Kings River General Improvement District, McDermitt Fire District, McDermitt General Improvement District, Orovada Community Services District, Orovada Fire District, Orovada General Improvement District, Orovada Rodent Control District, Paradise Valley Fire District, Paradise Valley Sewer District, Paradise Valley Weed Control District, Pueblo Fire District, Quinn River TV District and Winnemucca Rural Fire District. Comptroller Gina Rackley addressed the Commission and explained a publication error which had occurred with the statutorily required notice of this public hearing in that the Humboldt Sun had failed to publish the notice on the correct day which had shortened the time between the publication and this meeting. Given the time line for this hearing she had contacted the Department of Taxation and they had requested something in writing from the publisher letting the public and the Department know that Humboldt County did not make this error, that the error was through the Humboldt Sun. Further the notice of public hearing was posted on all doors in the Courthouse as well as the County s webpage and FaceBook page. Comptroller Rackley updated the Commission on the changes to the budget. The tentative budget did not account for net proceeds. We will be receiving net proceeds in about two weeks. Comptroller Rackley said they have heard from two of the major mine companies in the area. They disagree with a portion of the amount that they have been billed. Comptroller Rackley told the Commission she took about 50% of what the State had said we were going to receive and put it in the budget. She said the next update is to the group insurance amount. Due to a rate pass from Hometown Health, she was able to reduce that amount. The Sheriff s budget needed to be increased due to a capital price reduction due at the time vehicles are delivered. There was an increase requested in the Communication Department s budget for professional services. There was an increase to the Sheriff s budget for the consoles discussed earlier. Comptroller Rackley said the cost share agreement amounts have been updated. The Sixth Judicial District fund there was an increase. She told the Commission the Page 8 of 21 41

42 05/21/2018 fiscal year ending fund balance for June 30, 2017 was $15,754, For the fiscal year projected, we are at $8,017, She is taking a 50% reduction in what the State had said we would be receiving in net proceeds. The final approved budget as of June 30, 2019 will have an ending fund balance of $1,249, Chairman Cerri asked about CTX numbers. Comptroller Rackley said CTX dropped with a double decrease. Commissioner Tipton made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the fiscal year 2018/2019 Budget. Comptroller Rackley told the Commission they are the governing board for the Denio TV District, Quinn River TV District, McDermitt GID, Paradise Sewer District and Golconda Water District but that those budgets have no changes from the budgets approved in April. The other special districts have their own governing boards and there were no changes. Commissioner Brissenden made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the final budgets for the Denio TV District, Quinn River TV District, McDermitt GID, Paradise Sewer District and Golconda Water District. ADOPT RESOLUTION TO LEVY TAX RATES FOR HUMBOLDT COUNTY FISCAL YEAR: A copy of the proposed resolution was included on the on-line agenda for review. Comptroller Rackley told the Commission there were no changes in the tax rates for the current fiscal year. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To adopt a resolution levying the tax rates for Humboldt County for 2018/2019. (Resolution No ) ADOPT RESOLUTION TO LEVY TAX RATES FOR COOPERATIVE EXTENSION FUND FISCAL YEAR: A copy of the proposed resolution was included on the on-line agenda for review. Comptroller Rackley told the Commission this is required per NRS. This is the same rate as the County rate of.0165 per $ of assessed value. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To adopt a resolution levying the tax rates for Cooperative Extension Fund for 2018/2019. (Resolution No a) APPROVAL TO RE-DIRECT.75% OF THE CONSOLIDATED TAX FROM THE COOPERATIVE EXTENSION FUND TO THE ROAD FUND: A copy of the proposed resolution was included on the on-line agenda for review. Page 9 of 21 42

43 05/21/2018 Comptroller Rackley explained the request. Chairman Cerri commented that the Cooperative Extension Fund has a healthy balance. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To adopt a resolution to re-direct.75% of the CTX that is currently being distributed to Cooperative Extension to the road fund. (Resolution No b) DETERMINATION OF WHETHER NUISANCE COMPLAINT AT 4440 SUNNY DRIVE CAN BE SET TO PUBLIC HEARING: Chairman Cerri read the item. A nuisance complaint filed against the property owners, S. Weaver, S. Hickey and L. Glasgow, of 4440 Sunny Drive. The County Commission determined there was no nuisance on a January 2018 complaint. The determination was based on information provided by the property owner. District Attorney Mike Macdonald explained this item is to possibly set the nuisance complaint to public hearing. He told the Commission when a nuisance complaint is made to the Clerk s office, the Clerk asked for an investigation to be completed. Generally, the Building Inspector and the Sheriff s Office complete an investigation. Based on the findings of the County Building Department and the Sheriff s Office that there is no determination of a nuisance, do you want to set this to public hearing or find no further action is necessary on the complaint? Commissioner Brissenden said she has been to the residence and saw no chickens per the complaint. She commented unless you live near this address, see, and hear the chickens it is a tough call. Commissioner French commented there is no evidence in front of them that a nuisance exists today. Commissioner Brissenden said the ordinance allows chickens and commented this is a zoning issue. Discussion ensued about the ordinance. Commissioner French asked for evidence from the public. Pat Scibior, complainant, appeared before the Commission. He told the Commission there are trees in the chicken coop. The chickens get in the trees and fly to his property. They are a nuisance on his property by digging up his yard, laying eggs, defecating on the decks, being loud. Commissioner Brissenden said when the nuisance was investigated the building inspector or the deputy from the Sheriff s Office did not see any of this. Lori Glasgow, property owner 4440 Sunny Drive, appeared before the Commission. Ms. Glasgow told the Commission since the last complaint the chickens are in a covered area, there are no chickens running loose. Mr. Scibior agreed that the chickens are not running loose, it is fine now. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. There is no nuisance at 4440 Sunny Drive and this will not be set to Page 10 of 21 43

44 05/21/2018 public hearing at this time. DETERMINATION OF WHETHER NUISANCE COMPLAINT AT 4450 SUNNY DRIVE CAN BE SET TO PUBLIC HEARING: Commissioner Cerri read the item. A nuisance complaint filed against the property owners, Jose Mendoza and M. Olmos, of 4450 Sunny Drive. A previous nuisance for this property filed in 2017 was withdrawn by the complainant following removal of roosters from the site. Additionally no determination of a nuisance was found during recent inspections by the Humboldt County Building Department and the Humboldt County Sheriff s Office. Jose Mendoza, property owner and Pat Scibior, complainant appeared before the Commission. Mr. Scibior told the Commission about 125 birds/cocks were removed last year. Mr. Mendoza said he only had 30 roosters and a bunch of chickens. The birds have always been penned up, some got loose. He said he got rid of everything. Mr. Mendoza said he found out the zoning designation of his property allows chickens, so now he has chickens. He said he lives on a fenced, ½-acre piece of property with nice chicken cages. Commissioner French told Mr. Mendoza the solution to the problem is to remove the roosters. This nuisance is about the noise. Mr. Mendoza said he loves his roosters and they do not crow all day long. Commissioner Brissenden said she has spoken to adjacent neighbors and they are not happy about the noise. She told Mr. Mendoza to think about the neighbors. District Attorney Macdonald recited the permitted uses from the ordinance for the Rural Ranchette zoning district. This includes, but is not limited to, raising, growing poultry for personal use or sale. Chairman Cerri commented they are trying to determine if there is a nuisance. The zoning allows for this use. There was discussion regarding the ordinance. Commissioner Bell commented that the uses on these properties are grandfathered. Commissioner French said there is no violation of the ordinance. He again requested Mr. Mendoza think about his neighbors. Commissioner Tipton commented he does not see that there is anything they can do. He also commented he would hope Mr. Mendoza would think of his neighbors, be a good neighbor. Mr. Mendoza said he would not get rid of the chickens or the roosters. Commissioner Brissenden made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. Due to the ordinance that states the property owner at 4450 Sunny Drive can have the animals it is determined there is no nuisance found at this time. LIBRARY: REQUEST TO APPROVE LOCK-IN PARTY: Consideration discussion and possible approval of a request from the Library Board of Trustees to approve a gaming Lock-in Party for children. Interim Library Director Jessica Anderson reviewed the request to have a gaming lock-in party for teens. She explained they did this last year at the beginning of summer for the teens. This year s party is called Path Finder. She told the Commission there would be one representative from the library present at all times. The Page 11 of 21 44

45 05/21/2018 waiver is for children 13 and older (to 18). Interim Director Anderson said if the participant is older than 18 they have to sign a code of conduct agreement. In the past, this event was a huge success and they would like to try it again. Commissioner Brissenden asked about the proposed party. Interim Director Anderson explained this is a role-playing game, played with dice. The people helping her put this together and will provide the food, drink and dice. Interim Director Anderson told the Commission what they did last year. Commissioner French asked about supervision. Interim Director Anderson said there would be the adults running the game and a library employee. She said last year there were 12 teens and this year they are opening it up to 25. She explained what they will do if more than 25 are interested. Interim Director Anderson said they are hoping to make this a monthly event, not a lock-in. District Attorney Macdonald commented this would be no increase in cost to the County. There was discussion regarding liability to the County. District Attorney Macdonald said the organizers are aware of age issues and that Deputy District Attorney Maddox in his office is reviewing the waiver and contract and is also working with the library and organizers. Commissioner Bell made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the request for the lock-in party for the library. PUBLIC WORKS DEPARTMENT: UPDATE ON CURRENT ROAD PROJECTS: Public Works Director Ben Garrett presented an update on current road projects. He told the Commission they started the mag chloride applications the first part of May and they are through gravel roads in the Grass Valley area, Golconda, east side of Winnemucca and Kings River. Wednesday and Thursday mag is scheduled for the east side of Grass Valley Road, just the roads previously approved by the Commission. They will then move to Jungo Road, which will complete the mag for this year. Director Garrett told the Commission they are still working with BLM to crush at the Rattlesnake Pit (mile marker 41 on Highway 140). Director Garret said the chip seal was scheduled for last week but due to the rain, it has been pushed back. They will be mobilizing tomorrow to start. By the end of next week, chip seal should be complete. He told the Commission where they are getting some of the product for chip seal. Director Garret gave an update on the status of the riprap for the urban pond. He told the Commission they have been busy with maintenance on the utility systems. The tumbleweed problem on McNinch Road had been cleaned up but they are back. Commissioner Brissenden said the fence is collecting all of the tumbleweeds and then they are blowing all over. Director Garrett said he would speak with NDOT and see if they can come up with a solution. He told the Commission it could be a month or two before they can get to this. Director Page 12 of 21 45

46 05/21/2018 Garrett said construction on the Eden Valley Bridge should be starting soon. The contracts have been signed and delivered. Director Garrett gave an update on the status of the applications to FEMA. PUBLIC WORKS DEPARTMENT: APPROVAL OF FINAL DOCUMENTS TO PURCHASE PROPERTY IN DENIO: )Consideration, discussion and possible approval of final documents for purchase of two parcels owned by the Kent and Mary Legarza-Arrien Family Trust (APN ) 1+ acre located at the westerly side of State Route 292 (150 Pueblo Blvd), which is 1+ acre and (APN ) a vacant acre parcel in Denio, Nevada, to include the water rights Permit No , Certificate 5535 and Water Permit No , Certificate 5536 to be used as a vehicle storage yard and water source for County road maintenance. Public Works Director Garrett reviewed the request for approval of the final documents to purchase the properties and described the location of the parcels. He told the Commission that the Pueblo Fire District is interested in building on the larger parcel. County Manager Mendiola provided information on the terms of the purchase contract. The terms are $25, down at 6% interest for four years at $22, per year. The total outlay will be $114, Manager Mendiola said the appraisal value was $110, with an asking price of $102, Chairman Cerri asked how Pueblo became interested in this. Director Garrett said they need the water and they want to put up two buildings. One off Big Creek and put a building to store equipment at this location. The want to be able to utilize the well for fire protection. He explained if Pubelo Fire District puts up a building on the 11-acre parcel, the Road Department could use the building for equipment maintenance. He explained the setup would be similar to Orovada. Chairman Cerri asked if Pueblo Fire District would be part of the purchase. District Attorney Mike Macdonald said this is strictly for the County s acquisition of the property. Any discussion or agreement regarding the fire district would have to come before the Commission at a future date. There was discussion regarding long-term use of the properties. Chairman Cerri asked if Pueblo Fire District had the money to purchase the properties. Manager Mendiola said they have not discussed this. They have talked about the fire district doing some work on the well. Commissioner Brissenden made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the final documents for purchase of two parcels owned by Kent and Mary Legarza Arrien Family Trust; APN: and PUBLIC WORKS DEPARTMENT: APPROVAL OF AWARD FOR PAVING PROJECTS BID: Consideration, discussion and possible approval of award for paving projects bid. Hunewill Construction was the only bid received and came to a total of $304,757. This is $21,757 higher than was projected in the tentative budget. This includes the Courthouse, District Attorney, and Adult Detention parking lots. Director Page 13 of 21 46

47 05/21/2018 Garrett, Buildings and Grounds Director Enoc Gaitan and Jeff Tindall with Buildings and Grounds appeared before the Commission. Director Garrett told the Commission this is in the 2018/2019 budget that they bid early. The Hunewill Construction bid was the only bid received. Bridge Street (Courthouse) came in at $87,700.00; Melarkey Street (Courthouse) came in at $52,100.00; DA/Child Support came in at $20,357.00; Detention came in at $144, There is an increase of $21, from the tentative budget amount. He explained the difference in cost. The budgeted amount is $283,000.00, which include sidewalks. Director Garrett told the Commission there are a couple of options: accept the bid as it is; rebid each project separately. Every project except Detention would come in under $100, Another option is going with the bid as it is but drop the paving down to 2.5 inches from 3 inches, which will save $127, Director Garrett explained the difference between the 2.5 inches and the 3 inches. Commissioner French asked if the bid covers the bumpers or is it just the black top. Director Garrett responded it is just the black top. The County would have to do the bumpers and striping. The bumpers can be re-used. He said the bid includes all prep work necessary. Chairman Cerri asked if the Detention parking lot could be re-surfaced. Director Garrett said they could but there would still be a drainage problem. There was discussion regarding the drainage problem at Detention and reducing the thickness of asphalt. Commissioner Brissenden commented this needs to be done right first time. Commissioner Brissenden and Commissioner Bell commented to bid them separately and see what the difference is. Director Garrett told the Commission the Sheriff wants to expand the parking lot 6,000 feet at Detention. If they replace what is existing there would be considerable savings. Commissioner Brissenden asked what amount did they approve in the budget. Director Garrett said $283, was approved, which included sidewalks. The original budget for the paving was $205, Comptroller Gina Rackley told the Commission she had heard from Director Garrett and Manager Mendiola that the amount was changing. She increased the amount to $304, to cover the new bid. The money is in the budget in the Capital Projects Fund. Director Garrett explained part of the original budget included sidewalk on Melarkey. There is no money left for the sidewalk, curb and gutter. Commissioner French asked what the cost would be for the additional 6,000 square feet at Detention. Director Garrett said the amount would be about another $15, $20, There was discussion regarding not paving the additional area at Detention and doing the sidewalk, curb and gutter on Melarkey Street. Commissioner Tipton made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To bid the projects separately; the asphalt be dropped to 2.5 inches; add the sidewalks back in; cut out the additional 6,000 square feet at the Detention Page 14 of 21 47

48 05/21/2018 Center. Go back to the original bid request. GOLCONDA GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri adjourned the Humboldt County Commissioner s meeting and called the Golconda General Improvement District to order. This is for expenditures for the period from May 4, 2018 through May 18, There was no public comment. Commissioner Brissenden made the following motion. The motion passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the Golconda General Improvement District expenses for $ Chairman Cerri asked for additional public comment. Hearing none, he adjourned the Golconda General Improvement District meeting. MCDERMITT GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri called the McDermitt General Improvement District to order. This is for expenditures for the period from May 4, 2018 through May 18, There was no public comment. Commissioner Brissenden made the following motion, which passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the McDermitt General Improvement District expenses for $4, REQUEST FROM MCDERMITT GENERAL IMPROVEMENT DISTRICT TO LOAN WATER DISTRICT $50, FOR EXPLORATION: Consideration, discussion and possible approval to request a loan from Humboldt County Board of Commissioners in an amount not to exceed $50,000 to do additional testing to find a better water source to mitigate the current arsenic issue in the McDermitt Water District system. The Water District has been out of compliance with the EPA maximum of 10ppb for over a year. Chairman Cerri read the request to do additional testing to find a better water source. This would mitigate the current arsenic issue in the McDermitt Water District system. The Water District has been out of compliance with the EPA maximum of 10ppb for over a year. Public Works Director Ben Garrett told the Commission Far West Engineering recommended putting in a treatment plant, which would cost over $600, He said there might be some sources east of town that may be arsenic free. Jason Cooper, Program Manager for the State Revolving Loan Fund, appeared before the Commission. Mr. Cooper said they have been working with McDermitt GID for several years, trying to find a better solution for the arsenic issues. He told the Commission they answer to a public board, which have approved a little over a million dollars trying to get the system fixed. Mr. Cooper said to maintain the existing system would cost an additional minimum of $14.00 per person for connection per month. He told the Commission the regulatory side suggested looking at other solutions. Mr. Cooper told the Commission they would not recommend additional funding until an investigation is completed to find a more viable solution. Director Page 15 of 21 48

49 05/21/2018 Garrett told the Commission they received the test results from six sites tested. There is one site with no arsenic detected, one that is a little below. They do not know the production levels of the sites. Director Garrett said the McDermitt GID/McDermitt Water does not have the money to pursue investigating without a loan from the County. Chairman Cerri asked about the intended use of the $50, Director Garrett said he is not sure; they need to check the output of the spring. He said the life cycle of a treatment plant is about 20 years. The life cycle of pipe put in would be closer to 40 years. There was discussion regarding the spring and other options. County Manager Mendiola said they in the preliminary stage, looking at options. Far West Engineering said additional research would cost as much as $200, He said this is before the McDermitt GID Board so it can then go before the County Commissioners for a $50, loan. Manager Mendiola told the Commission they are currently spending up to $2, a month to bring in water from an outside water source. Commissioner Tipton asked how about pay back of the loan. There was discussion regarding payment of the loan. Manager Mendiola said they have been talking about a rate increase for McDermitt and explained why. He said they would have to come up with a contract and payment arrangement for the loan. There was discussion regarding the property owners within the GID. District Attorney Macdonald told the Commission he spoke with Comptroller Rackley regarding loans. There was an issue some time ago regarding loans. He said there is research he would like to pursue with Comptroller Rackley regarding the proposed loan. Commissioner Bell made the following motion, which passed with Chair Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. The McDermitt GID requests a loan from the Humboldt County Board of Commissioners in an amount not to exceed $50, POLICY TO ALLOW NON-MCDERMITT WATER AND SEWER ENTITIES TO UTILIZE THE SKID STEER OR ANY OTHER EQUIPMENT FOR NON-WATER & SEWER RELATED PROJECTS: Consideration, discussion and possible approval of a policy to allow non-mcdermitt Water and Sewer entities in McDermitt to utilize the skid steer or any other equipment for non-water & Sewer related projects. The policies and procedures would need to be adopted (at a future meeting) in order to insure the County has no liability should there be an accident with the equipment. Public Works Director Garrett and Bill Donaldson appeared before the Commission. Mr. Donaldson read a petition from the McDermitt Rodeo Board regarding use of the skid steer. He explained the reason for the request. Chairman Cerri asked if the County Commissioners should take action. District Attorney Macdonald told the Commission the skid steer belongs to McDermitt Sewer. He does not believe this is an action for the County. Chairman Cerri asked if policy should be in place for liability reasons. District Attorney Macdonald said the McDermitt GID would need to address Page 16 of 21 49

50 05/21/2018 any agreement between the users and the GID. Commissioner French asked who carries the liability if an entity borrows the equipment and breaks it. Mr. Donaldson said he did not know. Commissioner French said a policy should be in place to spell out who is responsible when the equipment is being used. He said are a limited number of people who use the skid steer. Chairman Cerri commented the skid steer does not only belong to the Community Board. It was purchased through a USDA grant for use by all special districts. District Attorney Macdonald explained the County Commissioners are now wearing the hat of the McDermitt GID. He asked if the use was being donated, would there be a charge for the use. He pointed out this is governmental property. He asked about the terms of the use, not just the liability. There was discussion regarding wear and tear on the equipment. Should the special districts be reimbursed for the use of the equipment? District Attorney Macdonald commented the rodeo grounds are in Oregon. The equipment would be used outside of the McDermitt GID and in a different state. Director Garrett said there is a water line that goes to the rodeo grounds so it is technically in the District. Commissioner French said a policy should be in place. There was discussion regarding the timeline for the request from the Rodeo Board and preparing a policy. Director Garrett questioned the use of the equipment by entities other than districts since the equipment was purchased through a USDA grant. Mr. Cooper, with the State Revolving Loan Fund, told the board for their program purpose funding of an asset is strictly for that community. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. Direct Staff to look into the possibility of allowing the skid steer or equipment to be used outside of the District and formulating any type of policy and to come back with any suggestions and information regarding using the USDA equipment for rental purposes and to have this information by the June 4, 2018 County Commissioners meeting. Chairman Cerri asked for additional public comment. Hearing none, he adjourned the McDermitt General Improvement District meeting. PARADISE VALLEY SEWER DISTRICT MATTERS Chairman Cerri called the Paradise Valley Sewer District to order. There was no public comment. County Manager Mendiola said there are no expenditures from May 4, 2018 through May 18, Chairman Cerri asked for additional public comment. Hearing none, he adjourned the Paradise Valley Sewer District meeting. Chairman Cerri resumed the Humboldt County Commissioner s meeting. Page 17 of 21 50

51 05/21/2018 REQUEST FROM MCDERMITT GENERAL IMPROVEMENT DISTRICT TO LOAN WATER DISTRICT $50, FOR EXPLORATION: Consideration, discussion and possible approval of a request from the McDermitt General Improvement District (Water System) to loan the District an amount not to exceed $50,000 to explore additional water sources prior to moving forward on a water filtration system. While the filtration system will solve the arsenic issue, the annual operation and maintenance costs will be significant and will be a burden to the District and its users. Chairman Cerri read the item. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To research the process and parameters regarding loan. This item to be brought back to a future meeting. MISCELLANEOUS REPORTS AND CORRESPONDENCE: OTHER INFORMATION AND UPCOMING MEETINGS: Chairman Cerri noted upcoming meetings. REPORTS FROM COMMISSIONERS REGARDING OTHER BOARDS AND COMMITTEES THEY SERVE ON: Commissioner Brissenden reported on the Humboldt River Water Basin Authority meeting which she had attended on behalf of Commissioners Cerri and Tipton; she noted that she had appointed Chairman Cerri to serve on the legislative committee for the Humboldt River Water Basin Authority and reported on other items presented at the meeting. She spoke of future Public Lands Committee meetings. Commissioner Brissenden said she attended a HDA meeting where Alicia Heiser, City Manager/Engineer spoke about the ballot question for use tax; the strategic plan will be completed by September 28, 2018; NDOT is going for a beautification project along the river and need to spend $2,000, in Winnemucca. This will include the Reinhart area and a second location. Commissioner French reported he attended a Public Lands, Natural Resources Steering Committee meeting and a NACO Board of Directors meeting. He reported on some items that came out of the meetings. Commissioner French told the Commissioners about proposed changes to the PILT formula. He told the Commissioners about items before NACO. Commissioner Bell had nothing to report. Commissioner Tipton said Hospital Administrator Frable s evaluation was completed at the HGH Board meeting. He attended a Mining Association banquet. He reported they are still in negotiations with Law Enforcement. Chairman Cerri reported on a BLM meeting regarding road closures having to do with sage grouse priority areas. He gave the Commissioners dates of additional, scheduled BLM meetings regarding this item. There was discussion regarding the new map presented by the BLM. CONTINGENCY AGREEMENT WITH EGLET PRINCE, LLP AND BRADLEY, DRENDEL AND JEANNEY LAW FIRMS FOR LEGAL SERVICES: Consideration, discussion and possible approval of a Contingency agreement by Page 18 of 21 51

52 05/21/2018 and between Humboldt County, Nevada, a political subdivision of the State of Nevada, ( COUNTY ) and the law firm of Eglet Prince, LLP and Bradley, Drendel and Jeanney, LLP for legal services in connection with potential litigation against the manufacturers, distributors, marketers, sellers and retailers that in any way caused or contributed to the County s opioid epidemic. A copy of the proposed retainer agreement was included on the on-line agenda for review. County Manager Mendiola updated the Commissioners on the State of Nevada Attorney General s opioid lawsuit. This specific lawsuit would be filed and litigated in Humboldt County. He explained how any resolution would be handled. District Attorney Macdonald explained the process. He said it is standard contingency agreement. Commissioner French said it is his understanding that any cost incurred by the County for employees doing research would be reimbursed by the law firm. There was discussion. Commissioner Bell made the following motion, which passed with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the contingency agreement with Eglett Prince, LLP and Bradley, Drendel and Jeanney law firms as presented. STATE OF NEVADA: INTERLOCAL CONTRACT WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES: Consideration of, discussion and possible approval of a contract between the State of Nevada Department of Health & Human Services and Humboldt County for the following: Interlocal Contract with Aging and Disability Services Division, to provide services to children with intellectual and development disabilities in an amount not to exceed $15,000. Commissioner Brissenden said she would like this item tabled as she has many questions and the people who would answer those questions are not present. Commissioner Brissenden made the following motion, which passed with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To table this item until a later date. BUILDINGS AND GROUNDS: REPLACEMENT OF COURTHOUSE BACKUP GENERATOR: Consideration, discussion and possible approval of a request to purchase a new backup generator for the Courthouse as the current generator is out of commission after 40- years of service and cannot be repaired. The cost of the new generator and the alterations to the pad site will not exceed $45,000. Enoc Gaitan, Buildings and Grounds Director and Jeff Tindall with Buildings and Grounds appeared before the Commission. Director Gaitan reviewed the request to replace the generator at a cost not to exceed $45, Director Gaitan said they received a call from the 911 center regarding a report that the generator was smoking. Mr. Tindall shut off the unit. The generator company looked at the generator and found the engine was Page 19 of 21 52

53 05/21/2018 beyond repair. Mr. Tindall updated the Commission on the generator and said they have to have a backup generator for the elevator per ADA requirements. Commissioner French asked if they have received any bids. Manager Mendiola said they have received one but he asked for a second bid. The current quote is $37, Director Gaitan told the Commission they went through this with the generator for the jail. He said they tried to get quotes from different companies. He was unable to get different quotes and explained why. District Attorney Macdonald asked if there are other dealers for different manufacturers who could provide quotes. Director Gaitan said everything they have is the same brand. Commissioner French asked why that brand specifically. Director Gaitan responded they have always gone with the same manufacturer and explained the reasoning behind this. Commissioner French said they should get all manufacturers on board. Manager Mendiola said that is fine as long as local companies can service the generator. District Attorney Macdonald said to make sure and document all of the efforts made to reach out to other manufacturers. Commissioner French made the following motion, which passed with Chairman Cerri, Commissioner Bell, Commissioner French, Commissioner Tipton and Commissioner Brissenden voting aye. To approve the request for the purchase of a new backup generator for the courthouse not to exceed $45, FUTURE AGENDA ITEMS: Manager Mendiola told the Commission the following are future agenda items: bring back the State Department of Health and Human Services item; a resolution in favor of sage grouse comments by NACO and Humboldt County; McDermitt GID policy, procedure and terms for use of equipment by non-gid entities; also under McDermitt GID information from District Attorney Macdonald and Comptroller Rackley regarding a loan; an item regarding Pueblo Fire agreement for maintenance and support for the Denio property they just agreed to purchase; resolution as it relates to the advisory ballot question. PUBLIC COMMENTS: Chairman Cerri asked for public comments. Hearing none, he adjourned the meeting. ADJOURNMENT: Chairman Cerri adjourned the meeting at 1:43 p.m. ATTESTED: APPROVED: Clerk Chairman PREPARED BY: Page 20 of 21 53

54 05/21/2018 (Minutes approved by the Commission and signed by the Chairman on ) Page 21 of 21 54

55 06/04/2018 Page 1 of 14 Monday, June 4, 2018 The regular meeting of the Humboldt County Board of Commissioners was called to order on Monday, June 4, 2018, at 9:30 a.m. in the regular place of meeting at the Courthouse, Winnemucca, Nevada. Those present were Chairman Ron Cerri, Commissioners Jim French, Mike Bell, Marlene Brissenden and Ken Tipton, Deputy District Attorney Wendy Maddox, County Manager Dave Mendiola and Clerk of the Board Tami Rae Spero. PUBLIC COMMENTS: Chairman Cerri asked for public comments. Nils Nilson appeared before the Commission to inform them that a hearing would be occurring in the Egger water case on June 21, No further public comment offered. DISCUSSION & ACTION ON CORRECTION/APPROVAL OF MINUTES: Discussion and action on correction/approval of minutes for February 1, 2016, March 7, 2016, March 28-29, 2016, April 4, 2016, April 18, 2016, May 2, 2016, June 7, 2016, July 11, 2016, July 12, 2016, August 1, 2016, August 15, 2016, August 31, 2016, October 3, 2016, October 17, 2016, October 27, 2016, November 15, 2016, November 28, 2016, December 12, 2016, January 3, 2017, January 17, 2017, January 30, 2017, February 6, 2017, February 21, 2017, March 6, 2017, March 20, 2017, March 27, 2017, April 3, 2017, April 10, 2017, April 17, 2017, May 1, 2017, May 15, 2017, June 5, 2017, June 19, 2017, July 10, 2017, August 7, 2017, August 21, 2017, September 18, 2017, October 9, 2017, December 11, 2017, January 16, 2018, January 29, 2018, February 5, 2018, February 20, 2018, March 5, 2018, March 19, 2018, April 2, 208, April 9, 2018, April 23, 2018, May 7, 2018 and May 21, Chairman Cerri asked for corrections/additions for the minutes of June 7, 2016; none offered. The following motion was made by Commissioner Brissenden and passed with Chairman Cerri and Commissioners French, Bell and Brissenden voting aye and Commissioner Tipton abstaining as he had not been on the Board at the time: To approve as presented. Chairman Cerri asked for corrections/additions for the minutes of July 11, 2016; none offered. The following motion was made by Commissioner Brissenden and passed with Chairman Cerri and Commissioners French, Bell and Brissenden voting aye and Commissioner Tipton abstaining as he had not been on the Board at the time: To approve the July 11, 2016 minutes as presented. Chairman Cerri asked for corrections/additions for the minutes of March 19, 2018; none offered. The following motion was made by Commissioner Brissenden and passed unanimously: To approve the minutes for March 19, APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR MAY 19,

56 THROUGH JUNE 1, 2018: A report identifying the expenditures being considered was provided to the Commission for review. The following motion was made by Commissioner Brissenden and passed unanimously: 06/04/2018 Page 2 of 14 To approve the expenditures for May 19, 2018 through June 1, 2018 as presented. GOLCONDA GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri convened the meeting of the Golconda General Improvement District Board at 9:35 a.m. Chairman Cerri asked for public comment; none offered. CONSIDERATION OF, DISCUSSION AND POSSIBLE APPROVAL OF EXPENSES FOR THE TIME PERIOD FROM MAY 19, 2018 THROUGH JUNE 1, 2018 RELATED TO THE OPERATION OF THE GOLCONDA GENERAL IMPROVEMENT DISTRICT FOR THE EXPRESS PURPOSE OF MAINTAINING AND IMPROVING THE WATER SYSTEM: Chairman Cerri stated that the expenditure amount was $ The following motion was made by Commissioner Brissenden and passed unanimously: To approve the expenses for the time period from May 19, 2018 through June 1, 2018 of $ Chairman Cerri asked for public comment; none offered. Golconda General Improvement District meeting at 9:36 a.m. Chairman Cerri adjourned the MCDERMITT GENERAL IMPROVEMENT DISTRICT MATTERS: Chairman Cerri convened the meeting of the McDermitt General Improvement District Board at 9:36 a.m. Chairman Cerri asked for public comment; none offered. CONSIDERATION OF, DISCUSSION AND POSSIBLE APPROVAL OF EXPENSES FOR THE TIME PERIOD FROM MAY 19, 2018 THROUGH JUNE 1, 2018 RELATED TO THE OPERATION OF THE MCDERMITT GENERAL IMPROVEMENT DISTRICT FOR THE EXPRESS PURPOSE OF MAINTAINING AND IMPROVING THE WATER OR SEWER SYSTEMS: The following motion was made by Commissioner Brissenden and passed unanimously: To approve the expenses for the McDermitt General Improvement District for the period of May 19, 2018 through June 1, 2018 for $ Chairman Cerri asked for public comment; none offered. McDermitt General Improvement District meeting at 9:37 a.m. Chairman Cerri adjourned the PARADISE VALLEY SEWER DISTRICT MATTERS: Chairman Cerri convened the meeting of the Paradise Valley Sewer District Board at 9:37 a.m. Chairman Cerri asked for public comment; none offered. 56

57 CONSIDERATION OF DISCUSSION AND POSSIBLE APPROVAL OF EXPENSES FOR THE TIME PERIOD FROM MAY 19, 2018 THROUGH JUNE 1, 2018 RELATED TO THE OPERATION OF THE PARADISE VALLEY SEWER DISTRICT FOR EXPRESS PURPOSE OF MAINTAINING AND IMPROVING THE WATER OR SEWER SYSTEMS: County Manager Mendiola stated that there were no expenses for this district. 06/04/2018 Page 3 of 14 Chairman Cerri asked for public comment; none offered. Chairman Cerri adjourned the Paradise Valley at 9:37 a.m. MISCELLANEOUS REPORTS AND CORRESPONDENCE: OTHER INFORMATION AND UPCOMING MEETINGS: Chairman Cerri noted the upcoming meetings. REPORTS FROM COMMISSIONERS REGARDING OTHER BOARDS AND COMMITTEES THEY SERVE ON: Commissioner Brissenden reported on a Governor s Office of Economic Development (GOED) meeting she had attended at which the updating of the State Plan to be more reasonable in allowing the rural communities to obtain incentives had been discussed. Commissioner French reported that he had attended a State Land Use Planning Advisory Council meeting and reviewed items which had been discussed that could impact Humboldt County including RS 2477 Roads and the ability for the counties to take quiet title to them, a proposed travel management plan being put forth by the Department of Interior which he requested be put on a future agenda for additional discussion and discussion which had occurred with counties that had approved marijuana dispensaries and what they had experienced. Commissioner French further noted that he had an upcoming NV Works Board of Directors meeting, a Public Lands Natural Resources Committee meeting and a Nevada Association of Counties Board of Directors meeting. Commissioner Bell offered no report. Commissioner Tipton reported on a Hospital Board meeting he had attended and noted that he is continuing to participate in the negotiations with the Law Enforcement group but that the regular employees group negotiations has been completed. Chairman Cerri reported on a Winnemucca Convention & Visitors Authority meeting he had attended as well as a BLM travel management plan workshop at which he had requested that the County be a cooperating agency on the development of the plan. SHERIFF S OFFICE: Sheriff Mike Allen appeared before the Commission. REQUEST TO USE EXISTING FUNDS TO ACQUIRE VEHICLE FOR PUBLIC SAFETY PLANS: Consideration, discussion and possible approval to utilize funds from the current FY to acquire a 3/4 Ton Pickup to be used for a multitude of public safety situations and events that transpire in the county. A copy of a memo from the Sheriff explaining the request to use existing funds in the 57

58 current budget to purchase a 3/4 ton 4x4 truck with a camper shell at the State purchasing price not to exceed $65, was attached to the on-line agenda for review. Sheriff Allen spoke in support of the request discussing the proposed use, the issues with the vehicle currently being used and noting that there is sufficient funding in the current budget to cover the cost. 06/04/2018 Page 4 of 14 Commissioner French stated his understanding of the need but noted that this is a terrible time given the County s budget concerns; he asked about the ability of the vehicle to tow and about the possibility of borrowing a vehicle in the County inventory. Sheriff Allen responded describing the proposed use and the ability to have for emergency management situations. Discussion occurred regarding the ability to purchase from State Purchasing and the exceptions allowed under NRS. Chairman Cerri asked about using the lease program. Sheriff Allen explained that given the mileage and the number of years the vehicle would be kept it is more cost-effective to purchase rather than lease. Both Chairman Cerri and Commission French questioned if it would make more sense to obtain a one-ton vehicle for towing capability. Sheriff Allen noted the increased cost for a one-ton and that only a 3/4 is available at this time. Commissioner French noted that he would prefer that this request come during budget time but that he does not want to second guess the Sheriff on what he needs. Chairman Cerri agreed and stated that while he appreciated the savings he feels it is a bad time to just spend money because it is there. Commissioner Bell concurred and questioned not using the lease program. Sheriff Allen noted that the lease program is primarily for the patrol vehicles not for specialized vehicles. Commissioner Brissenden asked Public Works Director Ben Garrett (present in the audience) about the issues with the other pick-up currently being used. Director Garrett stated that he did not know that the vehicle had a problem. Commissioner Tipton asked if this was a critical need situation. Sheriff Allen agreed that it could be tabled but that he feels the vehicle is needed now and while the funds are available now he is not sure if there will be funds available in the future when all positions are filled and with the costs associated with the lease program being unknown. Commissioner Tipton noted his concern that the Sheriff is settling for less than what is needed just because he has funding available. Captain Kevin Malone appeared before the Commission and commented on the need for this vehicle noting his use of his own vehicle for towing purposes. Commissioner French asked why the vehicle currently in the fleet isn t used. Captain Malone offered his opinion that the vehicle is dangerous, that it has been to the shop numerous times and the mechanics cannot determine the cause of the issues. Commissioner French stated that if the vehicle needs replaced it should occur during the budget process and offered the following motion which passed unanimously: To decline a request on the part of the Sheriff for the purchase of a pick up at this time. CONSIDERATION OF AN AGREEMENT BETWEEN THE SHERIFF S OFFICE AND 58

59 SECURUS: 06/04/2018 Page 5 of 14 Consideration, discussion and possible action regarding an agreement between the Humboldt County Sheriff's office and Securus to extend the current contract for twenty four months and include inmate debit commissions of 30%. Discussion and possible action to allow the Sheriff to sign the agreement after receiving non-material changes requested by District Attorney s Office. Sheriff Allen reviewed the request for a service related to inmate telephone services noting that it has been reviewed by legal counsel and returned to the company for non-material changes recommended by legal; he requested that he be allowed to sign once the updated contract is received. The following motion was made by Commissioner Bell and passed unanimously: To approve the contract with the changes that were requested by the District Attorney s Office. TREASURER S QUARTERLY INVESTMENT REPORT: A copy of the financial report was attached to the on-line agenda for review. Treasurer Rhona Lecumberry reviewed the quarterly investment report for the Commission including net proceeds and the tax auctions excess proceeds. Commissioner French inquired about Wells Fargo s bond yield amount. Treasurer Lecumberry stated that she would ask and provide him with the information. COMPTROLLER: Comptroller Gina Rackley appeared before the Commission. RESOLUTIONS FOR COMMITTED FUND BALANCES/COST OF LIVING ADJUSTMENTS: Consideration, discussion and possible approval of a Resolution to adopt Humboldt County's Committed Fund Balances for Indigent Services Fund, Road Fund, Cooperative Extension Fund, Regional Transportation Fund, 6th Judicial District Fund, Library Fund, 6th Judicial District Drug Court Fund, Administrative Assessment Fund, Bad Check Restitution Fund, Indigent Medical Fund, Winnemucca Events Center Complex Fund, Genetic Marker Testing Fund, Assessor's Technology Fund, 911 Enhancement Fund, Justice Court Administrative Assessment Court Facilities Fund, Library Memorial Fund, Humboldt Fire District Fund, Capital Projects Fund, Building Reserve Fund, Stabilization Fund, Compensated Absences Fund and Unemployment Fund. The Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, for the purpose of committing ending fund balances. With approval, the Humboldt County Board of Commissioners wishes to comply with GASB 54 as required beginning with the June 30, 2011 fiscal year. A copy of the proposed resolution was attached to the on-line agenda for review. Comptroller Rackley reviewed the request for the Commission. The following motion was made by Commissioner Bell and passed unanimously: To adopt the resolution for Committed Fund Balances. 59

60 06/04/2018 Page 6 of 14 (Resolution No ) Consideration of, discussion and possible approval of a Resolution adopting Humboldt County's committed fund balances for In-Lieu Tax Trust Fund. The Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, for the purpose of committing ending fund balances. Approval will allow compliance with GASB 54 requirements for transfers from the In-Lieu Tax Trust Fund to the Road Fund for road repair and maintenance in the amount of $1,900,000 and to the Capital Projects Fund for the continued upgrade of the Public Safety Communications system in the amount of $1,000,000. Comptroller Rackley reviewed the request for the Commission. The following motion was made by Commissioner Bell and passed unanimously: To adopt the resolution adopting Humboldt County s committed fund balances for In- Lieu Tax Trust Fund. (Resolution No a) Consideration, discussion and possible approval of a Resolution approving Cost of Living Adjustments and Merit Increases for appointed officials and all other employees. A copy of the proposed resolution was included on the on-line agenda for review. Comptroller Rackley explained that this resolution extends the increases in merit and cost of living received by the employee units to the appointed officials and other employees that are not members of the associations; she noted that both the Building Department Director Bobby Thomas and the Winnemucca Convention & Visitors Authority Director Kim Petersen are at the top of their range so they will not be receiving the full calculation. Chairman Cerri asked if these increases had been budgeted for. Comptroller Rackley confirmed that they had. Commissioner French noted that all of the department heads and other employees in this resolution have had their evaluation except for the County Manager so he would like to see that occur at the next meeting. Commissioner French noted that this is a negotiated increase. The following motion was made by Commissioner Bell and passed unanimously: To adopt the resolution approving the cost of living adjustments and merit increases for appointed officials and all other employees. (Resolution No b) FIRST READING AND SET TO PUBLIC HEARING: AMENDMENT TO HUMBOLDT COUNTY CODE REGARDING 2017 NV SENATE BILL 176: Set to Public Hearing an ordinance amending provisions in Humboldt County Code, Title 8 entitled Health and Safety, specifically, Chapter 8.44 entitled surcharge for enhancement or improvement of telephone systems used for 60

61 reporting emergencies by changing the title of Chapter 8.44; from Surcharge for Enhancement or Improvement of Telephone System Used for Reporting Emergencies to 911 Surcharge ; amending to expand the permissible use of the 911 telephone line surcharge to include the purchase and maintenance of portable event recording devices and vehicular event recording devices; amending by adding related definitions; amending by clarifying the qualification of members, notification of requested appointees and term; amending by clarifying the election, duties of committee and removal of members; by amending of a quorum in the event committee is more than 5 members; amending to include imposition of surcharge for portable event recording devices and vehicular event devices; to expand the special revenue fund to include the purchase and maintenance of portable and vehicular event recording devices and the allowable costs related to those recording devices; amending to allow the five year master plan to be updated annually, if necessary, and other matters properly related thereto. County Manager Mendiola stated that this item is being tabled at this time. LIBRARY: DISPOSAL ON NON-BENEFICIAL SHELVING UNITS: Consideration, discussion, and possible approval for the library to sell and/or discard obsolete shelving that is no longer beneficial to the Library. Request for determination by the Commissioners that this personal property is no longer of public use, said action is desirable and in the best interest of the County in accordance with NRS Statute Interim Library Director Jessica Anderson appeared before the Commission and reviewed the request. unanimously: 06/04/2018 Page 7 of 14 After discussion the following motion was made by Commissioner Bell and passed That the Commission determines that this property is no longer of any use to the public and in accordance with NRS authorizes the library to dispose of this equipment how they see fit. STATE OF NEVADA: INTERLOCAL CONTRACT WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES: Consideration of, discussion and possible approval of a contract between the State of Nevada Department of Health & Human Services and Humboldt County for an Interlocal Contract with Aging and Disability Services Division (ADSD), to provide services to children with intellectual and development disabilities in an amount not to exceed $15,000. A copy of the proposed contract with the scope of work and the service billing was included on the on-line agenda for review. Robin Williams with the Aging and Disability Services Division appeared before the Commission. Ms. Williams reviewed the changes that were made to the contract and explained the changes for the Commission. Commissioner French asked how the eligibility is determined for children who have been 61

62 adopted. Ms. Williams explained that the eligibility would be determined based on the adopted parents income; she indicated that there is a clinical explanation which she would be happy to provide but it is very complicated. Commissioner Brissenden asked if the services are provided locally. Ms. Williams responded that for children located in Humboldt County, targeted case management is provided in Humboldt County by State staff who have an office locally. Commissioner Brissenden asked who diagnoses the children in Humboldt County. Ms. Williams stated that licensed psychologists with ADSD travel to Humboldt County to meet with the children. 06/04/2018 Page 8 of 14 Commissioner Brissenden asked about the medicating of the children. Ms. Williams stated that medicating is not done though ADSD. Based on a question from Commissioner Brissenden, Ms. Williams explained what services are not included and how Medicaid reimburses the costs. Commissioner Brissenden noted her concerns given a recent investigation at the State level and at the local regional rural clinic. Ms. Williams responded that the investigation being referred to is through the Division of Public and Behavioral Health, it is not through the Aging and Disability Services nor is it with the local RCC, its with rural clinics with Public & Behavioral Health; she noted that she is the director at the Rural Regional Center and she assured the Commission that there is no investigation. Commissioner Brissenden asked about local providers. Ms. Williams responded that there were at least three provider agencies and explained what they do. Discussion ensued regarding the local provider HHDS and their ability to offer the care needed. Ms. Williams continued to review the changes made to the contract. Deputy District Attorney Maddox stated that she had made the requests for the changes and thanked Ms. Williams for completing them. Ms. Williams stated that all changes but one were accepted and made by all of the Counties. Commissioner Tipton asked for clarification that the amount was $15, annually not $15, per child. Ms. Williams confirmed that it was the annual cost with one-fourth being due each quarter. The following motion was made by Commissioner Bell and passed with Chairman Cerri and Commissioners French, Bell and Tipton voting aye and Commissioner Brissenden voting nay: To approve the contract between the State of Nevada, Department of Health and Human Services and Humboldt County for the Interlocal Contract with Aging and Disability Services Division approved with the changes made by the District Attorney. TROUT UNLIMITED: UPDATE ON WILDERNESS STUDY AREAS IN HUMBOLDT COUNTY: Pam Harrington, from Trout Unlimited, provided an update on what the local working group has done including meetings, tours, creation of maps of the WSAs including areas that may be contentious, future field trips and her hope to have the recommendations related to the Disaster Peak and North Fork/Little Humboldt to the Commission by October 1 st. Ms. Harrington continued discussing the 62

63 Pine Forest noting that there is about a year until the five year window is up and while both she and Commissioner French have been trying to get this done, there are issues that make it difficult; she reviewed the difficulties including issues with the two land exchanges. Discussion occurred regarding the issue with the Leonard Creek property and the omission of an integral piece of property for the exchange from the disposal lands map in the brand new RMP which has resulted in the BLM saying they cannot do it since it was not included on the map and that they cannot re-open the RMP as it would cost of millions of dollars. Commissioner French commented that the BLM has agreed it was an oversight but claims that to fix it would re-open the RMP; Commissioner French noted his disagreement with that saying that an RMP amendment is a pretty straight forward process; that, for the record, he does not feel that there is a will to do it from the local office right now and that the notion that it is a multi-million dollar process to crack the RMP open is an excuse. He continued stating that he had told Congressman Amodei that and that he believes there are mechanisms in place to correct omissions to a RMP which does not require a complete re-opening. Chairman Cerri agreed noting that they had done so with the Sage Grouse plan and when they want to accomplish something they can find the money and they had created issues with the appraisals as well; he noted his disappointment with how this has gone and then looking at additional wilderness when they did not live up to their promises on this one, it is not right. Commissioner French noted that conversations with Congressman Amodei are a good place to start but conversations with Under Secretary Bernhardt are also appropriate. Ms. Harrington commented on the benefit of having a new director locally and her hope that will help the situation. 06/04/2018 Page 9 of 14 Ms. Harrington reported that with the other land exchange the appraisals came in just dismal for the land owner which has been a hard thing to swallow; he is looking to get another appraisal done. Further she explained that they did not go through the process that is in the BLM handbook which requires a signed agreement so the landowner is aware that they were on the hook for 50% of the cost. Commissioner Tipton noted the differences between these appraisals and the ones done in the Santa Rosas at Hinkey Summit. Chairman Cerri commented that they did the appraisals and did not include any of the improvements which is crazy; that you have the BLM giving the instructions on how the appraisals need to be done, the land owner having to pay for it and then when its wrong telling the land owner that he has to do it again. Discussion occurred as to whether, absent the land exchange, does the Act and its components move forward and how the other plans will move forward. The Commission took a five minute recess. PRESENTATION BY MERCHANT MCINTYRE REGARDING GRANT MANAGEMENT AND 63

64 COMPLIANCE MONITORING: Consideration, discussion and possible approval of a proposal from Merchant McIntyre to provide grant procurement, management and compliance monitoring professional services for a 90-day trial for an amount not to exceed $26,000 to include a full needs assessment onsite in Humboldt County, which will result in a Federal Funding Action Plan that will provide the strategic plan for the County to acquire funding for critical infrastructure including the Public Safety Communications System, Broadband build-out as well as other potential public works projects. Attached to the on-line agenda for review was a checklist created by Merchant McIntyre Associates of possible projects for Humboldt County which could be funded by grant dollars and a Federal Funding Action Plan for Humboldt County. 06/04/2018 Page 10 of 14 David Phelps-Zink and Mark McIntyre with Merchant McIntyre appeared telephonically. Manager Mendiola noted that this is an informational item only. Mr. McIntyre reviewed the services available through Merchant McIntyre Associates, the benefits to Humboldt County and how the service would work for Humboldt County including the obtaining of and the compliance management of grants. Manager Mendiola commented on how he had found Merchant McIntyre and why he thought it was important to get the matter before the Commission for consideration including finding possible funding for some of the projects which have been discussed through the years, such as Jungo Road and the Grass Valley water situation, but for which funding is an issue as well as current projects such broadband services for the county; he further noted the compliance issues that have been identified through the County s audits with grant management and the auditors direction that something be done about that. He continued commenting on the benefits of working with this company including being located in Washington D.C. and having relationships with the agencies that provide grants and why that is important as well as the 90 day trial period they offer. Manager Mendiola noted the Commission s prior approval to hire a grants coordinator and suggested that if this proposal does not work, the position could be hired. Mr. McIntyre commented on grants that the County would qualify for but also noted that they are experts at obtaining grants that their clients are not eligible for; he explained how this works, offered contact with other customers to verify their effectiveness and noted that the retainer fee is $7, per month and will always be $7, per month with the only additional cost being for two Merchant McIntyre people to travel to the county and conduct the research inventory. Commissioner Brissenden asked if there would be an overlap between what is being offered and the strategic plan being created for the Humboldt Development Authority. Mr. McIntyre asked if the other agency pursues federal grants. Jan Morrison, Economic Development Officer with Northern Nevada Development Authority and Humboldt Development Authority appeared before the Commission 64

65 and explained that while funding will be addressed in the plan and they may seek some funding that is not exactly what they do, so she believes going forward the conversation would be to determine how the two approaches mesh together; she suggested that if the decision is to pursue any federal grants, it would be best to identify them in the strategic plan as that would be the documentation that would go along with the grant request. Mr. McIntyre explained how they would use the strategic plan. Chairman Cerri asked if Merchant McIntyre would be able to review current grants for compliance. Mr. McIntyre responded yes, that they have compliance experts on staff. Commissioner Brissenden asked if they would also write grants or if someone locally does that. Mr. McIntyre stated that they would write the lion s share of grants but that they need local assistance in gathering data for the applications; he offered examples of how that would work. Commissioner Brissenden questioned if the County staff would have sufficient time to assist. Mr. McIntyre commented on the process and the ultimate benefits of receiving the grants. Manager Mendiola suggested that the assistance required might sometimes be internal but also might be external noting the working group created for the broadband project. Commissioner French commented that this is a common service with NGOs that is very effective and suggested that this is the perfect time given the work on the strategic plan. Commissioner Tipton asked for clarification on the costs. Mr. McIntyre indicated that it is a $7, retainer monthly plus the cost for the grant experts to come to Humboldt County. Chairman Cerri noted that when the discussion had occurred related to bringing on a grant coordinator the Sixth Judicial was going to be involved with funding that position; he asked if the County Manager had spoken to Judge Montero about this and what were his thoughts. 06/04/2018 Page 11 of 14 Manager Mendiola responded that he had discussed this with the Judge and he found it interesting but wanted more information, so when scheduling allows he will coordinate a discussion between the Judge and Mr. McIntyre. Deputy District Attorney Maddox asked what the intent was today related to moving forward and signing an engagement letter. Manager Mendiola stated this is just a presentation and it will be brought back for action. Chairman Cerri stated that he found this very intriguing and feels that there are some interesting points that the Commission needs to consider and thanked them for the presentation. Commissioner Bell concurred and stated that he believes it would be worthwhile to try; he suggested that there is a consensus that it should move forward. Manager Mendiola indicated that this item would be placed on the June 18 th meeting as an action item. Chairman Cerri noted the importance of having the Judge on board and suggested that a meeting occur with him prior to this coming back to the Commission. Mr. McIntyre discussed the time line if the agreement were to be approved at the next meeting. The representatives for Merchant McIntyre disconnected from the meeting. Discussion ensued 65

66 regarding the benefits of this proposal, what other counties do related to grant funding and the ability of Merchant McIntyre to seek and maintain State grants. RESOLUTION: TRANSFER OF 2018 PRIVATE ACTIVITY BOND VOLUME CAP TO NEVADA RURAL HOUSING AUTHORITY: Consideration, discussion and possible approval to transfer the Humboldt County 2018 Private Activity Bond Volume Cap in the amount of $475, to the Nevada Rural Housing Authority (NRHA) for its single family programs in 2018 pursuant to NRS 348A.180. Attached to the on-line agenda for review was a letter detailing the request from the Nevada Rural Housing Authority, a copy of the proposed resolution, a copy of the 2018 Volume Cap Distribution prepared by Nevada State Department of Business & Industry, a copy of the 2018 Volume Cap IRS Notice and a copy of the population figures for 2017 from the State Demographer. Bill Brewer, Deputy Director for the Nevada Rural Housing Authority appeared before the Commission and reviewed the request. After discussion the following motion was made by Commissioner Brissenden and passed unanimously: 06/04/2018 Page 12 of 14 To adopt the resolution to transfer the 2018 Private Activity Bond Volume Cap to Nevada Rural Housing Authority in the amount of $475, (Resolution No c) PUBLIC WORKS DEPARTMENT: Public Works Director Ben Garrett appeared before the Commission. A presentation by Humboldt County Public Works Director Ben Garrett to update the Board on road projects within Humboldt County. Director Garrett reported on cattle guard repairs, the status of the mag chloride project, the status of the chip seal project, the need to address issues on Herschell Road with the train track crossing level, the hauling of rip rap to the urban pond, that beginning tomorrow the State will be providing grindings from the I-80 project & the decision on the placement of those grindings will come before the Commission in the future. Director Garrett commented on the item previously discussed related to grants and the opportunities that may be out there to obtain grants for the General Improvement Districts the County has assumed management of such as the McDermitt situation with arsenic levels. He noted that as the method to address the issue is so costly, they are looking at the possibility of other sources of water in the area which could be cleaner. Commissioner Brissenden indicated that a resident of Alice Lane would like to have a meeting 66

67 with the Director and the County Manager regarding the road and noted that she had received a comment that Herschell Road was fantastic. 06/04/2018 Page 13 of 14 Commissioner Tipton asked if the cattle guard on Cordero Mine Road was scheduled to be repaired as he had an individual complaining about it. Director Garrett said it is not at this time but it has been considered for a long time but the traffic counts have not been high enough. Commissioner Tipton asked, why if the traffic count was so low, the County striped the road. Director Garrett explained that had been the direction of the Commission several years ago to stripe anything that had been previously striped but it can be re-visited if the Commission wished, especially since the cost has increased. Chairman Cerri stated that he had noticed the weed situation is getting worse and what the County is doing in grading the borrow pits is exasperating the problem or even the use of the beaters which cause the seed to spread; he commented that he saw that Medusa Head has started on North Valley Road which will be horrible and described its location; further on the other side Knapp Weed has started and with it the worst thing you can do is disturb the ground; he asked about spraying. Director Garrett stated that they had the ability to spray but it is very expensive so it would be up to the Commission as to how aggressive we want to be on controlling these weeds in the right-of-way, that currently approximately $20, is identified for spraying. Director Garrett detailed where spraying occurs currently. Chairman Cerri asked if the employees are trained in identifying noxious weeds. Director Garrett said that he has four certified employees for weed spraying including himself. Chairman Cerri asked whether ramping up the efforts needs to be considered especially on the major roads where the weeds spread more due to the traffic. Discussion ensued regarding seeking possible grants for combating weeds, contracting out the spraying of weeds and looking at a cooperative agreement with the weed district. STATE OF NEVADA: INTERLOCAL AGREEMENT BETWEEN HUMBOLDT COUNTY AND THE NEVADA DEPARTMENT OF TRANSPORTATION FOR ROADWAY STRIPING SERVICES: Consideration, discussion and possible approval of an interlocal agreement between the State of Nevada, acting by and through its Department of Transportation and Humboldt County to provide roadway striping services from January 1, 2018 through December 31, 2020 for county roads in an amount not to exceed $30,000. Director Garrett stated that this item had been tabled for further legal review. COMMUNICATIONS: LEASE AGREEMENTS FOR TOWER SPACE IN HUMBOLDT COUNTY: 67

68 Consideration, discussion and possible approval of a tower lease agreement to be used as a template for future lease negotiations between Humboldt County and potential occupants of county owned tower sites. A copy of the proposed lease template was included on the on-line agenda for review. Manager Mendiola explained the request for the Board noting the need for a standard form with specific criteria that addresses issues such as what can be placed at the site; he noted that to add equipment there will be a requirement to come before a committee. Commissioner Bell asked if there are remedies in the agreement to address issues that may arise for the future as well as currently? Manager Mendiola indicated that is what they are trying to do and there will be fines as well as costs for any additional work the County has to do fix a problem. Chairman Cerri commented that this is a smart move that should have done a long time ago. The following motion was made by Commissioner Brissenden and passed unanimously: To approve the template. FUTURE AGENDA ITEMS: Manager Mendiola identified the following items for future agendas: public safety/communications update, the County Manager s annual review, travel management plan strategies to include seeking cooperating agency status, Star City water system acquisition discussion at the June 18 th meeting, consideration of a weed spraying contract, discussion regarding the skid steer issues with the McDermitt Rodeo Board and the striping of roads contract and roads to be included. PUBLIC COMMENTS: Chairman Cerri asked for public comments. None were offered. ADJOURNMENT: Chairman Cerri adjourned the meeting at 12:50 p.m. ATTESTED: APPROVED: Clerk Chairman (Minutes approved by the Commission and signed by the Chairman on ) 06/04/2018 Page 14 of 14 68

69 Agenda Item No:5.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: September 4, 2018 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR AUGUST 18, 2018 THROUGH AUGUST 31, 2018 (FOR POSSIBLE ACTION) Subject: Expenditures Suggested Action: Attachments: 69

70 Agenda Item No:9.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: September 4, 2018 Submitted by: Karen Bannister Submitting Department: Administration Item Type: Consent Agenda Agenda Section: CONSENT AGENDA (ANY ITEM APPEARING ON THE CONSENT AGENDA CAN BE PULLED DOWN AND DISCUSSED IN DETAIL)(FOR POSSIBLE ACTION) Subject: CONSENT AGENDA Suggested Action: Attachments: Roll Adjustment.pdf Roll Adjustment.pdf Roll Adjustment.pdf Roll Adjustment.pdf 70

71 Date: 'J-'-u-'-ly_1-'-0-'-, 2_0;_1...;. 8 Request for Adjustment(sl to the Humboldt County Real Property Tax Roll Fiscal Year Affected: RECE I VE D, ~ ~ AUG HUMBOLDT COUNTY TREASURER Date actually change made to roll. Initials of person that made change Please be advised that the following named taxpayer(s) on the Real Roll have requested billing adjustment. Parcel Number Taxpayer David Graham/ L Arias-Espino District 3.0 Current Proposed Net Ass'd Value 57,377 52,295 New Value 51,252 46,170 Prior Year Gross Ass'd Value Personal Property 40,432 35,350 Exemptions TV Adjustment Amount(+/-) Landfill Adjustment Amount (+1-) Assessor's Explanation of Changes: We received the DRS for the manufactured home and the value was less than they had previously reported Assessor's Recommendation: / Approval Denial Treasurer's Recommendation:...L 'k"--- Approval Denial *If approved this taxpayer will receive a refund I :,_ credit of $..;1:...: \_'1-'-. -~_' for FY "ZD\5-2.0\9 The Humboldt County Board of Commissioners does hereby approve I _ deny the above-mentioned changes to the Humboldt County Real Property Tax Roll. Date: Chairman, Board of Commissioners Copies to be returned to: II--- County Auditor II---County Assessor II--- County Treasurer Commissioner Commissioner Commissioner Commissioner Board's notes/comments:

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75 Agenda Item No:11.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: September 4, 2018 Submitted by: Dave Mendiola Submitting Department: Item Type: Assessor Agenda Section: ASSESSOR: REQUEST TO HIRE APPRAISER TRAINEE (FOR POSSIBLE ACTION) Subject: Appraiser Trainee Suggested Action: Attachments: 75

76 Agenda Item No:12.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: September 4, 2018 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: BUILDINGS & GROUNDS: APPROVAL OF CARPET PROJECT (FOR POSSIBLE ACTION) Subject: Carpet Suggested Action: Attachments: 76

77 Agenda Item No:13.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: September 4, 2018 Submitted by: Abel del Real-Nava Submitting Department: Administration Item Type: Administrator s Report Agenda Section: PRESENTATION BY PERSHING GOLD CORPORATION/ GOLD ACQUISITION CORPORATION AND REQUEST FOR LETTER OF SUPPORT (FOR POSSIBLE ACTION) Subject: Relief Canyon Mine Project Information Suggested Action: Attachments: Relief Canyon Mine Project Snapshot.pdf BLM Scoping Letter for Relief Canyon Mine Plan Modification.pdf Relief Canyon Mine PP for 4SEP2018 HumCo Commiss Meeting.pdf 77

78 Gold Acquisition Corp. The Relief Canyon Project Gold Acquisition Corp. s (GAC s) Relief Canyon Project is a gold-silver open-pit mine located about 16 miles eastnortheast of Lovelock in Pershing County, Nevada on mining claims that GAC owns and on private lands that GAC leases. Relief Canyon was mined in the 1980s by previous owners; GAC is proposing to restart the mine and the heap leach mineral processing facility and estimates the mine will operate for at least six years. The mine is located in the in the Carson Desert-Packard Valley hydrographic basin not in the Humboldt River Basin. GAC owns and leases the water rights needed for the life of the project. The Project currently has all of the necessary permits and a $12.4 million reclamation bond to start the Phase I mining and processing activities. GAC s parent company, Pershing Gold Corporation, is in the final stages of securing the necessary financing to start the mine. Once funding is obtained, there will be an eight-month construction period prior to commencing mining, which GAC anticipates will start in GAC recently submitted a modified Plan of Operations to the Winnemucca District Office of the U.S. Bureau of Land Management (BLM) for Phase II to deepen and expand the open-pit mine, to build new heap leach pads and a new process pond, and to enlarge the waste rock management facilities. The Company also submitted this Plan to the Nevada Division of Environmental Protection/Bureau of Mining Reclamation and Regulation (NDEP) for a modified Reclamation Permit. BLM and NDEP will conduct a detailed and thorough evaluation of the environmental impacts associated with the project to verify that the proposed Phase II mine expansion will comply with all state and federal environmental protection regulatory requirements. In order to authorize Phase II, BLM must prepare an environmental document that complies with the National Environmental Policy Act (NEPA). In 2016, BLM prepared an Environmental Assessment (EA) to evaluate and authorize the Phase I mining and heap leaching activities. The Phase II NEPA document will incorporate the information in the 2016 EA and will take a close look at the new impacts associated with the larger and deeper open-pit mine and the expanded heap leach processing and waste rock management facilities. GAC has retained expert consultants to develop the following detailed studies about the environment in the immediate Relief Canyon Project Area and the surrounding area: Groundwater and surface water baseline studies and groundwater modeling to evaluate the effects of the project s water use; Geochemical short- and long-term laboratory tests to document how the rocks that will be placed in the waste rock storage areas and exposed in the pit wall interact with air and water; Modeling to predict the long-term water quality of the lake that will form in the pit lake after mining; 1055 Cornell Ave, P.O. Box 1033, Lovelock, Nevada Phone (775) Fax (775)

79 The chemistry, flow, and biota in springs and seeps in a broad area surrounding the mine; Biology surveys to identify the wildlife and plant species in the project area and aerial surveys to map raptor and golden eagle nests within 10 miles of the project; and Air quality modeling to show the project complies with all regulated air quality parameters. Key findings from these environmental baseline studies include: Pumping the onsite production wells for project water supply and to keep the pit dry will not impact nearby springs or third-party water rights; After mining, the pit will become a groundwater sink that will gradually fill over a period of about 33 years to form a permanent pit lake. The final elevation of the pit lake will be about 4,870 ft above mean sea level (amsl), which will be roughly 450 feet above the lowest point (4,420 ft amsl) in the bottom of the pit. The water quality in the pit will meet all regulatory standards and will be safe for livestock and other wildlife. To keep the pit dry during the last three years of mining, it will be necessary to pump more water than will be needed for the project s consumptive uses. The excess water will be managed in Rapid Infiltration Basins (RIBs) where discharged water will re-infiltrate into the groundwater. The discharge rates into the RIBs will increase gradually, reaching a maximum of about 900 gallons per minute during the last three months of mining. The discharged water will have better water quality than the receiving groundwater in the vicinity of the RIBs. Because the Relief Canyon mineral deposit is developed in carbonate (limestone) rocks, the rocks that will be mined and stored in the waste rock areas and exposed in the pit walls will not be acid generating. The geochemical tests performed on these rocks also show they have limited metals leaching potential. There are no golden eagle nests within one mile of the project, no priority sage-grouse habitat in the project area, no threatened or endangered species, and no mule deer or other wildlife migration corridors. Like all Nevada heap leach processing facilities, Relief Canyon uses state-of-the-art environmental protection technologies including: A zero-discharge design to contain all processing solutions; Impermeable plastic liners to isolate the heap leach processing solutions from groundwater; Closure and reclamation designs to provide long-term environmental protection and stability; and Leak detection and groundwater monitoring systems to document the facilities are operating as designed in compliance with project permits. The project also uses state-of-the-art air emission control devices to minimize the release of air contaminants from the crusher, the processing plant, and other stationary sources that have the potential to emit air pollutants. All of the thermal sources in the processing plant will have effective mercury control and collection equipment. When mining starts, the mine will be an important economic driver in Pershing County that will: Create about 210 family-wage jobs, generating annual estimated local wages of $18.5 million and life-of-mine local wages of $110.8 million. (According to the NV Department of Employment, Training, & Rehabilitation, the average annual mining wage in Pershing County is $87,932.) Create an estimated 280 additional indirect jobs in the region with estimated annual local wages of $11.4 million and a life-of-mine local wages of $68.7 million. Will pay state and local taxes including property, sales, payroll, and Net Proceeds of Minerals taxes. 79

80 United States Department of the Interior BUREAU OF LAND MANAGEMENT Winnemucca District Office Humboldt River Field Office 5100 East Winnemucca Boulevard Winnemucca, Nevada Phone: (775) Fax: (775) In Reply Refer To: NVN August 15, (NV010.27) Dear Interested Public: The Bureau of Land Management (BLM), Winnemucca District, Humboldt River Field Office is seeking public input as it initiates an environmental review for a modification to a Plan of Operations submitted by Gold Acquisition Corporation (GAC), a wholly owned subsidiary of Pershing Gold Corporation. The proposed project modification is located at the existing Relief Canyon Mine in Pershing County, Nevada, approximately 16 miles east-northeast of Lovelock, Pershing County, Nevada. Proposed changes to the mine include the following: Expand the footprint of the existing approved pit area by approximately 83.7 acres (comprised of 68.0 acres of public land and 15.7 acres of private land) with resultant elimination of a portion of Waste Rock Storage Facility (WRSF) 4; Mine to a final pit bottom elevation of 4,420 feet above mean sea level (ft amsl), which will involve continued mining below the water table, and result in a post-mining pit lake that is predicted to reach an equilibrium elevation of 4,870 ft amsl roughly 33 years after completion of mining. The lake is predicted to be a hydrologic sink with no appreciable outflow and have water quality that meets all Profile III Nevada Reference Values. Consequently, the pit lake will be safe for terrestrial and avian wildlife; Backfill a portion of the waste rock into selected areas of the pit; Expand the footprint of WRSF 5 on private land in Section 17 and eastward into public and in Section 16; Reuse and expand the footprint of WRSFs 1 through 3 in Sections 20 and 21; Expand proposed heap leach pad Cell 8 to the north in Section 18, and to the east into Section 17; and proposed Cell 9 to the south in Section 18; 80

81 2 Construct a third process operating pond in Section 18 needed for the expanded heap leach pads; Upgrade the electric line power to the site; Construct a dewatering pumpage conveyance pipeline and Rapid Infiltration Basins (RIBs) in Sections 17 and 18 to re-infiltrate up to 900 gallons per minute of mine dewatering water in excess of that needed for heap leach process make-up water and other permitted consumptive uses. The dewatering water is expected to be of higher quality than the receiving groundwater quality; Install up to 50 vertical and horizontal drains in the pit wall to ensure pit slope stability and supplement pit dewatering operations; The public is invited to submit comments relative to the development of an environmental review within 30 days of the date of this letter. Please send written comments to Mr. Denis Baldwin, project lead, at wfoweb@blm.gov with Relief Canyon Phase II Expansion (Baldwin) in the subject line. This letter is also available on the eplanning webpage at In addition, a copy of the Relief Canyon Plan of Operations Amendment for Phase II Expansion is available for review at the Winnemucca District during regular business hours. Public comments submitted for this project, including names and addresses of commenters will be available for public review at the WDO during regular business hours 7:30 a.m. to 4:30 p.m., Monday through Friday, except federal holidays. Before including your address, phone number, address, or other personal identifying information in your comment, you should be aware that your entire comment -- including personal identifying information -- may be made publicly available at any time. While you can ask us in your comment to withhold personal identifying information from public review, we cannot guarantee that we will be able to do so. If you have any questions, please contact Denis Baldwin at (775) or at the address above. /s/ David Kampwerth David Kampwerth Field Manager Humboldt River Field Office 81

82 The Relief Canyon Mine 2018 Plan of Operations Modification for Phase II Expansion Presentation to Humboldt County Commissioners September 4, September

83 Location Information Located in Pershing County In Carson Desert-Packard Valley Hydrographic Basin (no impact to Humboldt River basin surface or ground water) All water rights secured for Phase I and II Operations 2 All permits secured for Phase I Operations 83

84 Currently Authorized Facilities Phase I 84 3

85 Phase II Expansion Overview Same project boundary as Phase I Extends mine life another 3 years 6 years total Expands and deepens pit to 4,420 ft AMSL Minor pit dewatering w/rapid Infiltration Basins (RIBs) Not in Humboldt River Basin Permanent pit lake elevation 4,870 ft AMSL Lake is groundwater sink that equilibrates in 33 years Pit lake water quality meets NDEP Profile III criteria and is safe for wildlife and livestock Expands waste rock storage areas Mainly on private land Expands heap leach facilities on public & private lands 4 85

86 Phase II Proposed Mine and Heap Expansion Facilities Deeper and slightly expanded pit Expanded waste rock disposal site More heap leach pad space Consolidate yard areas for reclamation 5 86