Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Sheri Eklund-Brown Demar Dahl John Ellison Charlie Myers Warren Russell Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Wednesday, September 8, 2010, at 10:00 a.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison Warren Russell County Manager Robert Stokes CFO/Asst. Mgr. Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Adm. Deputy Treasurer Cheryl Paul Planning & Zoning Dir. Randy Brown Road Supervisor Otis Tipton Chief Juv. Prob. Officer Mike Pedersen 10:04:18 AM Chairman Myers called the meeting to order at 10:00 a.m. Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance. 10:04:53 AM I. COMMENTS BY THE GENERAL PUBLIC: Otis Tipton had received a copy of the Jarbidge Draft Resource Management Plan and Environmental Impact Statement from the BLM in Boise, Idaho. He stated a Travel Management Plan was included within their RMP for the Northern portion of Nevada. He noted the BLM had Elko County as a Coordinator but did not believe the County Commission had been contacted regarding this plan. Robert Stokes stated the BLM had asked to come before the Commission in October. Commissioner Myers voiced concern with Randy PAGE 1

2 Brown s workload. He suggested that they have someone else look at this disc and give them an overview. Commissioner Eklund-Brown volunteered to review the draft. Commissioner Myers read into record the letter from the National Association of Counties to Commissioner Ellison appointing him Vice-Chair of the NACo Public Lands Steering Committee; a member of the Rural Action Caucus Steering Committee; and a member of the Membership Standing Committee. Commissioner Ellison stated if he was successful in his bid for the State Assembly, Elko County would lose the NACo Public Lands seat. Meghan Brown, Nevada Cattlemen s Association, informed them of a case before the District Court wherein Western Watersheds, Wild Earth Guardians, Oregon National Desert Association were appealing the grazing fees. Commissioner Eklund-Brown requested she a copy of that information to the County Manager. 10:13:12 AM II. IN REMEMBRANCE OF SEPTEMBER 11, 2001: Remembering the events of September 11, 2001, may we never forget the continuing efforts to protect our Country from acts of terrorism. Consideration of RESOLUTION , entitled, A RESOLUTION CONDEMNING THE ACTS OF TERRORISM AGAINST THE UNITED STATES OF AMERICA AND RESOLVING TO REMEMBER THE BRAVE ACTS OF HEROISM AND SACRIFICE THAT OCCURRED ON SEPTEMBER 11, 2001 AND CONTINUE TODAY. MOTION: Commissioner Ellison moved to adopt RESOLUTION , entitled, A RESOLUTION CONDEMNING THE ACTS OF TERRORISM AGAINST THE UNITED STATES OF AMERICA AND RESOLVING TO REMEMBER THE BRAVE ACTS OF HEROISM AND SACRIFICE THAT OCCURRED ON SEPTEMBER 11, 2001 AND CONTINUE TODAY. Commissioners Russell and Dahl seconded the motion. The motion was passed unanimously. Commissioner Russell read the Resolution into the record. Chairman Myers called for a moment of silence for those who had lost their lives. 10:17:36 AM III. CHINA MOUNTAIN WIND PROJECT: Discussion and consideration of issues related to the major wind power project that will produce up to 400 MW of power using 200 wind turbines on 30,000 acres of BLM managed lands located northwest of Jackpot, Nevada on PAGE 2

3 the Idaho and Nevada border including discussion of a voluntary Sage-Grouse Conservation Plan. Suzanne Leta Liou, Development Manager for Renewable Energy Systems (RES) Americas, stated they were partnering with NV Energy to develop the China Mountain Wind Project. She gave an overview of the project. She introduced Laurie Lickley, the RES Americas Community Relations Representative; Mike Guerry and Mark Brackett, two landowners coordinating on the project. Commissioner Russell inquired how they estimated the benefit to Elko County when two-thirds of the towers would be in Idaho. He understood the access would be upon the Idaho side and assumed the full time jobs would be in Idaho. Suzanne Liou stated Richard (Dick) L. Gardner, of Bootstrap Solutions Boise, Idaho, prepared the economic study for the EIS. She noted there was an incentive system in Nevada for renewable energy and utilities that did reduce the economic benefit to Elko County. Suzanne Liou stated the potential inbound/outbound haul route for the turbo components would go through Nevada just south of Jackpot and their company would attempt to work with local contractors from both Nevada and Idaho. Commissioner Dahl made reference to verbiage in their Executive Summary concerning mitigation of disturbance with regards to impact on sage grouse and the cessation of livestock grazing. He noted the main loss of sage grouse habitat was due to fire and the reduction of grazing would magnify that loss. Commissioner Dahl voiced support of this project. He inquired if the company had a policy to address the environmental concerns if they were confronted. Suzanne Leta Liou stated they also had concerns with cultural resources and it was not their intent to make a separate deal with any one group. She said their Draft EIS was expected this December and a final EIS in the following October 2011, with a Record of Decision in November She stated their estimated commercial operation date would be in 2013 based on the litigation process. Commissioner Eklund-Brown had attended the BLM-RAC meeting regarding this project and Western Watersheds was in attendance. She noted the original plan had more turbines in Nevada but after the field trip a change came to have more turbines in Idaho. Commissioner Eklund-Brown noted at the BLM-RAC meeting Katie Fite had voiced concern about roads. She commended them upon their sage grouse plan. Suzanne Liou reported they had been meeting with agencies and organizations affected by the project. Commissioner Eklund-Brown voiced concern with the 20 year abatements. She inquired about the in holdings omitted from the project on their map. Suzanne Leta Liou stated the blocked out areas would not be used for development and were not leased mostly because those were the boundaries of Mike Guerry or Mark Bracketts land, or setback space for the wind resource on BLM and state lands. Commissioner Eklund-Brown inquired if those areas were PAGE 3

4 included within their conservation plan. Suzanne Liou replied their conservation plan worked on two principles and both were related to direct infrastructure. She noted they did not know how the sage grouse would respond to the infrastructure so a portion of the plan would be associated with long term research. Suzanne Liou stated there was a national sage grouse collaborative that they would seek for research. She reported they had worked with Dr. Jack Connelly, Wildlife Research Biologist for Idaho Department of Fish & Game who associated with NDOW, BSU, and University of Idaho to develop the research proposal to be sent to the sage grouse collaborative. She stated even if the national collaborative did not wish to perform the research; RES Americas was committed to performing the research. Commissioner Dahl inquired if they considered Western Watersheds within their draft. Suzanne Liou stated the goal of the plan was to provide a net benefit to the species and they did not want their project to result in any population decline. Suzanne Leta Liou stated the Idaho Conservation League had requested the cessation of grazing be included in the plan as an option for consideration and it was put in the plan as one of the six examples. She stated the rest of the changes to grazing came from Tetra Tech who developed the report. Suzanne Liou asked for the Commission s recommendations to the plan. Assemblyman John Carpenter was concerned about the time frame to review the plan. He questioned the abatements and the financial impact upon the local governments. Assemblyman Carpenter inquired what the cost of the power would be versus the use of coal. He believed this sage grouse plan put too much blame upon the livestock industry and stressed more predator control. Commissioner Eklund-Brown inquired what the thought process was at the Legislature to give 20 year abatements. Assemblyman Carpenter assumed the Legislature thought if they gave abatements they would see more green energy projects. Commissioner Eklund-Brown noted the federal agencies analyze grazing in the Environmental Impact Statements more than the other multiple uses. 10:58:11 AM Commissioner Dahl, Assemblyman Carpenter and Robert Stokes departed the meeting room to attend a phone conference with El Paso Gas. Commissioner Russell inquired if local government would have input on granting the abatements and the amount of the abatements. He questioned why the government was subsidizing these industries and if they were trading off some of their cultural industry. He stated mitigation on the sage grouse was an important question because of the far reaching impacts. Otis Tipton had forwarded s to Robert Stokes regarding maintenance of the road for the wind project. Commissioner Russell stated the road does not PAGE 4

5 serve residents; if the use changed the Commission might reconsider maintenance. Commissioner Russell believed the costs were prohibitive to assume the road into the system. Chairman Myers suggested Otis Tipton and the Highway Chairman draft a letter. Otis Tipton inquired if the project area would be blocked off to other uses because it was a favorite recreational and hunting area. Suzanne Liou stated no lands would be blocked off and they would not use Brown s Bench Road. She stated there were no residents on that road and they would upgrade the road to serve the project. Suzanne Liou stated with regards to grazing they did not plan to change any use in the area but were asked to include it as an option for an advisory council that would manage the conservation fund. Suzanne Liou had spoken to the BLM because the Nevada Cattlemen s Association had requested an extension of time to submit specific comments. She requested NCA to work with the deadline of October 1 st to provide specific comments because it was a working draft. Commissioner Myers asked if that was an Elko County road and Otis Tipton replied no. Mike Guerry stated a portion of the Brown s Bench loop road was within the Twin Falls County Highway District. He ran both sheep and cattle in Idaho and agreed with Assemblyman Carpenter on the sage grouse issues. He noted they were proponents of small controlled fires but did not support the massive fire events because 640,000 acre burns did not help the age sage grouse. He commented in the past they put the livestock back on the burned areas quicker. Mike Guerry stated the major impact was predation and the Idaho Fish and Game did two studies on predator control. Mike Guerry stated the study showed that 80% of the sage grouse nests were taken by predators but those areas were marked with tape and it was thought the tape marked the nests for the predators. He understood the subsidy issue because Idaho had a program wherein projects that put out less than 10 MW the power had to be bought by Idaho Power at a higher rate than the commercial rate. Mike Guerry reported they had looked at this resource for eight years. He noted Mr. Marvel, of Western Watersheds, had attempted to get him off the land and he had been burnt out three times within the last six years but the ranch had been in the family for over 100 years. Mike Guerry commented the big horn sheep issue would remove thirteen bands of sheep off of the Payette area and WWP had contacted the Forest Service because of the big horn sheep on both sides of him. Mike Guerry and Mark Brackett had concerns because the plan had been written by Tetra Tech. He noted those who believe in issues of predation, fire, and grazing have not done their due diligence and he would like to see proven science in the plan. Mike Guerry stated the BLM Resource Management Plan was coming out so he and the Bracketts would focus their efforts upon the Resource Management Plan. PAGE 5

6 Commissioner Eklund-Brown requested that they submit their information on that RMP to the County also because of their cooperating agency status. Mark Brackett believed they should expand the conservation plan and add more tools such as grazing because of the benefits to the sage grouse. He noted the Technical Advisory Committee would oversee the mitigation funds and select the tools from the tool box. He was concerned about the members upon the committee and the impact to communities. Commissioner Eklund-Brown inquired if they were asking them to provide alternatives. Mark Brackett stated he was a founder of the Jarbidge Resource Group and they developed a plan for the sage grouse. He stated they were trying to develop a means of protection for the landowners in the State of Idaho. Mark Brackett stated over 30% of this project was upon private lands. Commissioner Eklund-Brown suggested elected officials be put upon the Technical Advisory Committee. Mark Brackett stated the Soil Conservation District had the infrastructure to address the funding and had the grass root connections. He noted in Idaho they were an elected official. Commissioner Ellison suggested elected officials from both sides, Idaho and Nevada. He felt this could be addressed it at the next BLM/RAC meeting. Mark Brackett suggested the Commission make that recommendation to the BLM under the comment period. Commissioner Eklund-Brown commended them upon their involvement. Commissioner Myers requested they keep the Commission informed and suggested they pass information through Meghan Brown, of the Nevada Cattlemen s Association. Suzanne Liou asked them to read the plan, submit their comments and also submit their recommendations for the Technical Advisory Committee to them. Commissioner Eklund-Brown suggested they base the TAC similar to the BLM/RAC committee with representation from elected officials, ranchers and various advocates. Suzanne Liou believed the committee would consist of seven members with alternates that could make decisions. Commissioner Eklund- Brown inquired if they selected Tetra Tech and if there were alternatives. Suzanne Liou had worked previously with Tetra Tech and they had made some changes to the plan. Commissioner Eklund-Brown suggested they incorporate the County s socio economic study for grazing. Meghan Brown, Executive Director of the Nevada Cattlemen s Association, reported they held a meeting yesterday and they would address the anti grazing language in the document. She noted 15 million dollars would be put in the conservation fund over thirty years to be used for mitigation purposes. Meghan Brown stated they would work with RES on the plan. She inquired if the displacement of leks would create a second litigation fund. Suzanne Leta Liou stated they arrived at the $500,000 per year for the direct and indirect impact PAGE 6

7 calculations and fifteen million dollars included a one million dollar contingency fund and well as for long term costs for research. 11:32:26 AM IV. NEVADA DEPARTMENT OF AGRICULTURE: Presentation, discussion and consideration of issues from the Nevada Department of Agriculture regarding noxious weeds and various County programs including presentations on Cooperative Weed Management Areas (CWMA) and the Weed Seed Free Forage Program. MOTION: Commissioner Eklund-Brown moved to postpone this agenda item to October 6, Commissioner Ellison seconded the motion. The motion passed by majority vote. Commissioner Dahl was not present during the vote. 11:33:14 AM V. WEST WENDOVER FIRE DEPARTMENT: Discussion and consideration of a U.S. Department of Energy Grant for $31,250 for turnout equipment and in-state travel to meet with the Department of Energy. Jeff Knudtson, West Wendover Fire Chief, reported that West Wendover added $17,000 to get the proper amount of turnouts. MOTION: Commissioner Ellison moved to approve the application for the US Department of Energy Grant for $31,250. Commissioner Eklund-Brown seconded the motion. The motion passed by majority vote. Commissioner Dahl was not present during the vote. 11:34:20 AM VI. ELKO COUNTY TREASURER S OFFICE: Discussion and consideration of approval of a Tax Delinquency Sale by the Elko County Treasurer s Office. Cheryl Paul, Administrative Deputy Treasurer, stated the Road Department requested that item 104 be removed and item 8 taxes were paid by certified funds. Otis Tipton reported a County road went through item 104. MOTION: Commissioner Russell moved for approval of a Tax Delinquency Sale by the Elko County Treasurer s Office removing item 8 and 104. Commissioner Eklund-Brown seconded the motion. The motion passed by majority vote. Commissioner Dahl was not present during vote. 11:35:38 AM VII. TOWN OF JACKPOT: Chairman Myers called the Town Board of the Unincorporated Town of Jackpot to order at 11:35 p.m. PAGE 7

8 Discussion and consideration of Change Orders 7 and 8 for $29,837 in grant monies for a bypass of the treatment should a plant upset occur and conduit for better control of the blowers and exhaust fans. Lynn Forsberg explained the need for the change orders. Commissioner Ellison commented upon the amount of the change orders on the project. Lynn Forsberg explained when the funding became available they had to fast track the project. Commissioner Eklund-Brown inquired if deleting items from the project would compromise something else within the project. Lynn Forsberg stated it would not compromise the project. MOTION: Commissioner Eklund-Brown moved to approve Change Orders 7 and 8 for $29,837 in grant monies for a bypass of the treatment. Commissioner Russell seconded the motion. The motion passed by majority vote. Commissioner Dahl was absent during the vote. 11:40:20 AM ADJOURNMENT JACKPOT TOWN BOARD Chairman Myers adjourned the Jackpot Town Board. 11:41:05 AM X. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Chairman Russell called the Highway Board of Commissioners to order. A. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted by the public. 11:41:43 AM Commissioner Eklund-Brown was absent from the meeting room. B. HOG TOMMY ROAD: Discussion and consideration of a request to upgrade about a mile portion of Hog Tommy Road between Lower Lamoille Road and Greencrest Road. Commissioner Russell suggested it be referred to the Road Services Advisory Committee. Otis Tipton noted they had received a phone call because the road was being used during construction of the roundabout. MOTION: Commissioner Myers moved to refer item B to the Road Services Advisory Committee. Commissioner Ellison seconded the motion. The motion passed with majority vote. Commissioners Dahl and Eklund-Brown were absent during the vote. C. HIGHWAY DEPARTMENT OPERATIONAL REPORT: Otis Tipton had previously submitted a monthly written report. He stated they had completed the dust suppressant projects and were doing their general maintenance. Commissioner Myers had received a complaint on South Fork PAGE 8

9 Road after the road had mag applied. Otis Tipton would review it. Commissioner Myers asked about the conditions on the Charleston Road. Otis Tipton replied it was rutted but there was no water source so they could only blade it in the spring. He stated they would have to drill wells along the road to provide a solution. Robert Stokes had received a written complaint from Susan Perkins. Otis Tipton stated they would review the Pilot Valley Road. Commissioner Ellison inquired about the road to the rifle range. Otis Tipton stated that road was not on the system. Commissioner Russell stated every third year they address the road. 11:45:53 AM Commissioner Eklund-Brown returned to the meeting room. D. GENERAL DISCUSSION OF ROUTINE ROAD MAINTENANCE: Commissioner Myers noted when there were significant fires in the Forest Service there was erosion and runoff which impacted the County roads. Otis Tipton stated there were problems with rocks in the canyon on the Gold Creek Road. He reported that the road along the Bruno had terrible cuts and Mike Balen, of the Forest Service, was to repair those portions. Commissioner Myers inquired if there was a recommendation from the Road Services Advisory Committee on Deer Creek Grade. Otis Tipton stated the RSAC had made a recommendation. Commissioner Myers voiced concern about the liability issue when working on that road. 11:48:29 AM ADJOURNMENT HIGHWAY BOARD Highway Chairman Russell adjourned the Highway Board. Chairman Myers reconvened the regular meeting. 11:48:56 AM XI. ELKO COUNTY PLANNING AND ZONING: A. Parcel Map Appeal Hearing Date: Discussion and consideration of setting an appeal hearing for an appeal application from Jill Oswalt and Mike Gerber on parcel map application Commissioner Russell disclosed he had inadvertently made a comment indicating a bias in this action without setting context for the comment at a prior meeting and recused himself on this issue. Commissioner Eklund-Brown disclosed that Randy Brown was her husband and there was no pecuniary interest for either of them on items A & B. MOTION: Commissioner Ellison moved to set the appeal hearing on October 6, 2010 for Jill Oswalt and Mike Gerber. Commissioner Eklund-Brown seconded the motion. The motion passed with majority vote. Commissioners Ellison, Eklund-Brown and Myers PAGE 9

10 voted aye. Commissioner Russell abstained and Commissioner Dahl was absent during the vote. B. Parcel Map Alternate Compliance Request: Discussion and consideration of a request for a parcel map alternate compliance for Woodhills, LLC located in Section 15, T37N, R63E, near Moor Summit. Randy Brown stated the request was for the 60 foot width right of way offered for dedication be considered an irrevocable private easement and not offered for dedication to the public. Randy Brown noted the second request for alternate compliance was the 20 width standard; that was to be adopted by the Commission, also be accepted for use on this parcel map. Staff recommended approval of both alternate compliance requests. Randy Brown stated they want to insure there was legal access to the property. Commissioner Eklund-Brown inquired if there was through traffic or if anyone else used that road. Randy Brown replied no, this road would be specific for the division of land into large parcels. Commissioner Myers noted there were no written staff recommendations. Randy Brown stated this road was being built for a division of land into large parcels and it would connect to an existing subdivision which was formerly on a BLM road. Commissioner Eklund-Brown inquired if the BLM would allow the subdivision to acquire the road for private use. Randy Brown replied no, an individual would apply for a BLM 299 which would designate that easement for their use. Randy Brown explained there was a common corner issue with BLM and private property. Commissioner Russell voiced concern with fire and emergency access. Randy Brown stated they did not expect any gates or controls on the roads. He stated they would insure on the parcel map or within the division of land that emergency services did have access. Commissioner Myers noted the motion should be contingent upon the Commission s action this afternoon on the 20 feet minimum road standard. MOTION: Commissioner Russell moved to approve the request for a parcel map alternate compliance for Woodhills, LLC located in Section 15, T37N, R63E, near Moor Summit and also include that this was contingent upon approval of the road minimum standard this afternoon. Commissioner Ellison seconded the motion. Commissioner Ellison requested that they amend the motion to guarantee access for emergency vehicles. Commissioner Russell amended his motion to include guaranteed access for emergency vehicles. Commissioner Ellison seconded the amendment. The motion passed by PAGE 10

11 majority vote. Commissioner Dahl was absent during the vote. XII. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. Commissioner Russell stated they would hold a telephone conference before their water forum. 11:57:35 AM XIII. METROPOLIS IRRIGATION RESTORATION PROJECT: Discussion and consideration of an update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility on the Bishop Creek Reservoir. Randy Brown stated they would contact the Congressional delegation to seek financing for the EIS. He stated $70,000 to $250,000 was the estimated funding needed for the EIS. Commissioner Russell suggested they submit an outline of the funding put into this project. Randy Brown estimated it would take two years to finalize the study. He noted the construction drawings were completed. Randy Brown commented the water board had re-allocated the funding to different entities. Commissioner Myers suggested staff come back with total cost of the project, likelihood of acquiring funding, and what the anticipated costs would be for the study; the length of time for the project and what had been invested into the project. Randy Brown cautioned them the EIS did not offer mitigation. He reminded them the BLM had condemned the dam. He stated when the dam was built it was thought to be upon private property. A 1980 survey, found the dam upon BLM managed land. Commissioner Russell noted Randy Brown had invested a lot of time on this project and questioned the continued use of taxpayers funds on the project. MOTION: Commissioner Eklund-Brown moved, as directed earlier by Commissioner Myers, to direct staff to bring back detailed information as stated in the form of an executive recommendation. Commissioner Ellison seconded the motion. The motion was passed by majority vote. Commissioner Dahl was absent during the vote. 12:06:12 PM XIV. ELKO COUNTY NATURAL RESOURCES MANAGEMENT COMMISSION: PAGE 11

12 Discussion, consideration and update on issues reviewed by the Elko County Natural Resources Management Commission. Randy Brown stated they met last Wednesday and they heard from the BLM and the Forest Service. He stated the Travel Management Committee was forming recommendations. 12:08:37 PM IX. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICT TRAVEL MANAGEMENT PROJECT: A. Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project. 12:09:08 PM Commissioner Dahl was present at this time. Randy Brown stated they had held meetings yesterday and discussed the Federal Lands Planning Directive. He stated Grant Gerber and Cliff Gardner gave presentations last night. He reported that Jeff Secord, GIS specialist, put together the maps from the citizen s road committee and had added ECID aerial photography and quad maps to the County s map for their presentation on the alternative. Commissioner Myers encouraged them to gather supportive data. Randy Brown commented there were several people on the committee that were good resources. Commissioner Myers noted one of the County s argument was a lot of roads were not plotted. Randy Brown stated the County never received a comprehensive inventory of all roads from the Forest Service. Commissioner Eklund-Brown commented that on the Forest Service inventory for road closures their reasons were not very specific. She asked if work was being done to refute the Forest Service s science. She suggested an expert be brought in. Randy Brown stated roads were being closed for environmental and cultural issues. He stated they had committee members who were very knowledgeable and were seeking data to support their recommendations. Randy Brown noted the Forest Service did not have people in the field doing environmental assessments; they were taking information from previous studies performed across the nation. Randy Brown stated the Forest Service had cultural studies being done in the field and the County could submit a FOIA request. He cautioned there was a difference of interpretation on those studies. Commissioner Myers stressed their information needed to stand up in court. He inquired where NDOW stood on this. Randy Brown stated the Forest Service had interviewed NDOW biologists and placed those opinions in the EIS with reference to game management, hunting and game retrieval. He and Patrick Laughlin had spoken to Scott Raine about this issue and a Resolution would be heard on September 23, 2010 by the State Wildlife Board. Commissioner Eklund-Brown stated the Division and the State Board were two separate bodies and they should encourage their support. PAGE 12

13 Randy Brown had spoken to Danny Gonzales regarding facilitating. He also spoke to Sherry Howell, acting Ranger for the Mountain City District, and the Forest Service would meet with Danny Gonzales next week. Sherry Howell had informed Mr. Brown that the US Forest Service had hired the US Institute for Environmental Conflict Resolution for assessment and identification of stakeholder issues. Commissioner Myers commented the Forest Service had come before the Commission with the idea that they would be willing to relook and extend this process if the Commission would sit down with them in a committee and come up with one person as a mediator. Commissioner Myers noted now the Forest Service was detouring for that direction. Commissioner Dahl commented that District Ranger Tom Montoya was now gone. He noted the County agreed that if the Forest Service extended the comment period to the 16 th of December, the County would include the Forest Service in their alternative and agreed to a facilitator. He noted the County would chose the facilitator and the County would pay for half and the Forest Service would pay for half of the facilitator s fees. Commissioner Dahl noted that they had chosen their facilitator. Commissioner Myers inquired if there was a benefit to continue this process. Commissioner Dahl felt they should share their information with the Forest Service, the Tribes, the other counties and conservation districts. He stated if the Forest Service had hired a facilitator they could use him however they want but not with the County s facilitator or with the County because that was not what the County had agreed to. Randy Brown understood the Forest Service wanted their mediator to help the mediator to make his decision. Commissioner Myers stated the intent was to hire a generic mediator that they both paid for so there would be an open and fair process. Commissioner Dahl encouraged the County to be transparent and to continue with their agreement. He noted that Randy Brown had drafted a matrix for a timetable and they were within the time frame. Randy Brown stated they would meet with the Forest Service next week. MOTION: Commissioner Dahl moved to accept and appoint Danny Gonzales, from the Great Basin College, as the Elko County/Forest Service facilitator. Commissioner Russell seconded the motion. The motion passed unanimously. 12:33:53 PM B. In preparation for the County Alternative to the Preferred Action of the USFS Travel Management Plan and other future federal land actions, discuss and consider authorization to update the study, 1995 Public Lands Impacts on Elko County s Economy. Randy Brown suggested they upgrade the plan. He had spoken to Dr Leaming and he could update the plan by November 15 th which fits in the matrix. It would cost approximately $27,000 for the update to Randy Brown stated PAGE 13

14 it would address multiple uses on public lands. Commissioner Eklund-Brown suggested they update their studies through Dr. Harris. Commissioner Russell suggested the Budget Committee determine what the funding source would be. MOTION: Commissioner Russell moved to approve the cost of the study for Dr. Leaming with the Budget Committee to make the determination of funding and if necessary have it come from contingency. Commissioner Dahl seconded the motion. Commissioner Russell inquired if they would include the studies of Dr. Harris at UNR. Randy Brown noted Dr Harris studies were agricultural based. Commissioner Eklund-Brown asked they wait until they hear from Dr. Harris. The motion passed unanimously. Commissioner Myers inquired if there were other studies to obtain to establish their case. Randy Brown would inform the Board of any new developments. 12:41:41 PM Chairman Myers called a lunch recess. 1:27:07 PM The meeting was reconvened. XVI. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Update report and discussion of issues and activities related to the Juvenile Probation Department. Mike Pedersen, Chief Probation Officer, had previously submitted a written report and inquired if they wished additional information in the monthly report or the quarterly report. Commissioner Russell requested information on rehabilitation results and program effectiveness. Commissioner Eklund-Brown inquired what programs they were doing. Mike Pedersen stated they have that data and would put it on the next report. He commented since May of 2008 they have had 88 kids go through the reporting center and 77 completed the program. He noted not one was committed to the State. Commissioner Eklund-Brown inquired about the TESA program. Mike Pedersen stated they now have a contract with the New Frontier Program which was a similar program. Commissioner Eklund-Brown asked that they give previous year comparisons on the crime reports. She requested the probation officers caseload be shown on the reports. Mike Pedersen noted the State wanted to add youth parole responsibilities to them without funding. 1:37:20 PM XVII. COMMISSION MEETING CALENDAR: September 22, :00 a.m. Montello and West Wendover October 6 & 7, :30 p.m. Elko Nannini Admin Bldg, Suite 102 October 13, :30 p.m. Nannini Building Dedication October 20, :30 p.m. Elko Nannini Admin Bldg, Suite 102 PAGE 14

15 All Times Pacific Time Robert Stokes stated the building dedication would be on September 13, He noted there were scheduling conflicts on October 6 and 7 th so they may schedule a one day meeting on October 6, Commissioner Myers stated the NCED would hold their annual workshop on October 7 & 8. Commissioner Eklund-Brown noted the National Summit of Mining Communities would be in Elko from October 5th through October 7, Commissioner Russell stated Nevadaworks was on the 8 th of October. Robert Stokes stated the Currivan hearing was scheduled on October 6 th as well as the Jarbidge RMP presentation. Commissioner Eklund-Brown noted on October 6 th at 7:00 p.m. was the Assembly debate at the college. MOTION: Commissioner Ellison moved to approve the Commission Meeting Calendar with changes. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 1:41:17 PM VIII. EL PASO GAS CORPORATION/ RUBY PIPELINE PROJECT: Discussion and consideration of issues related to the Ruby Pipeline Project regarding the agreement to fund the removal of grazing leases on public lands and the agreement with the Public Lands Council including discussion in preparation of the special meeting in Salt Lake City on September 9, Commissioner Dahl stated there would be a meeting tomorrow in Salt Lake City with the multiple counties on the pipeline. He believed there would be a discussion upon the Public Land Council and possibly a proposed Resolution. Commissioner Dahl stated there would be a consideration of joining the appeal with the Wyoming counties. He stated to join as amicus curiae may not make a lot of difference but he would bring back a recommendation after the meeting. Commissioner Dahl stated they did not have a copy of the agreement between Western Watersheds Project and El Paso. Commissioner Eklund-Brown inquired if the Nevada Cattlemen s Association would be represented by the Public Lands Council. Commissioner Dahl replied no, and the PLC would meet on September 12 th and 13 th to make a decision whether to accept the funding. Commissioner Dahl noted El Paso stated permittees were being taken care of through the Public Lands Council but Western Watersheds appealed more than just grazing such as mining expansion projects. He believed if Public Lands Council took the money then El Paso would feel it righted the WWP situation. Commissioner Dahl stated the Cattlemen s Associations from each state contributes to the Public Lands Council. However, not all permittees were members of the Cattlemen s Associations. Commissioner Myers asked if they should send a letter of response to the PLC letter they received today. Commissioner Dahl suggested they send the letter right away because of the meeting tomorrow. Commissioner PAGE 15

16 Myers recommended Commissioner Dahl take the Commission s sentiments with him tomorrow that PLC does not speak for all Elko County residents. Commissioner Eklund-Brown noted they did not represent all grazing interests in the west. Ken Wellington, Elko County Wildlife Advisory Board member, stated their board was not opposing the pipeline but voted to send a letter in opposition to the agreement between Western Watersheds Project and El Paso to close any grazing allotments. He stressed this decision was being made by sportsmen and their concerns expand beyond the allotments. Ken Wellington stated the Natural Resource Management Advisory Commission did not make a decision but a majority of the members supported the counties. He made reference to the offensive comments made by the Director in the newspaper article. Commissioner Myers commented what must be relayed or demonstrated: 1) PLC did not represent all grazing permittees; and 2) There were other effected bodies besides just ranching (hunters/recreationists). Commissioner Eklund-Brown stressed there were multiple users on public lands. Commissioner Russell stated that if they remove the grazing there was catastrophic fires that not only ruined the grazing but destroyed the wildlife habitat and killed wildlife. Commissioner Dahl noted that the oil and gas companies from Wyoming would be present at the Salt Lake City meeting. Commissioner Myers suggested they send a letter and let Commissioner Dahl relay the County Commission s sentiments tomorrow. MOTION: Commissioner Eklund-Brown moved to send a response letter and let Commissioner Dahl relay the Commission s sentiments tomorrow. Commissioners Ellison and Russell seconded the motion. The motion passed unanimously. 1:55:58 PM XVIII. COMMISSION AND COMMITTEE REPORTS: Commissioner Ellison: Nevada Association of Counties (NACO) Board - He stated they were getting ready for the November conference in Reno. Debt Management Committee He reported they met and reviewed the Indebtedness Reports. Elko Senior Activity Programs Board Liaison He requested Commissioner Myers to speak at an upcoming event. Fire Science Academy Liaison He and Robert Stokes met with the Adjutant General who discussed the National Guard s future plans on site and cross training of the firefighters. Insect Abatement He requested a State representative to come before the Commission and discuss insect control in Elko County. Commissioner Eklund-Brown: PAGE 16

17 City of Carlin/Towns of Mt. City, Midas, Jarbidge & Tuscarora Community Liaison She stated the City of Carlin was collaborating with NDOT on the entrance. Commissioner Ellison noted that there was no pedestrian access over I-80. She reported that in Midas they started surveying for the fence project and were seeking bids for fence supplies. She stated the Tuscarora Community Center s bathroom would be built by Community Development to save costs. Mining Sustainability She reported the National Mining Communities Summit would be held from October 4 th through October, 7, 2010 and the Great Basin College had been helping organize the event. BLM Liaison, BLM RAC & REC-RAC She would refer this to Commissioner Dahl to report. ECCWMA - Noxious Weed Liaison - She stated it was too late in the season to use the $2,700 for weed control in Tuscarora so they would utilize that funding next spring on white top. USFS Liaison, RMP & EIS Liaison She was reviewing the Jarbidge RMP, the China Mountain Conservation Plan, and the County s updated Federal Land Use Plan. Hospital Board She stated they would meet tonight but she had to travel to Salt Lake City. She stated there was concern about the comments made about their security. She had received s but felt this was a private issue regarding a private company and their union. Library Board of Trustees Liaison She stated a meeting was scheduled next week because there was concern with fund roll over for next year. Commissioner Eklund-Brown reported she and Randy Brown attended the Take Back Utah Rally and commented upon the environmental groups along the parade route. She commented the Jarbidge Shovel was in the parade. Commissioner Eklund-Brown had received complaints from Carlin citizens requesting that mining equipment be removed near the exit of the UNR Fire Science Academy. She stated Union Pacific posted notice to the owners of the abandoned equipment that it would have to be removed by September 20, Commissioner Dahl: Commission Vice-Chair Elko County Fair Board There was a discussion on attendance. Commissioner Dahl noted Dean Baker brought up a piece of the pipe that would be used for the SNWA s pipeline. Commissioner Ellison reported County equipment was utilized at the fair. Central Nevada Regional Water Authority (CNRWA) He stated there would be a conference call on Friday at 10:00 a.m. PAGE 17

18 Humboldt River Basin Water Authority Commissioner Eklund-Brown stated Eureka County wanted their information on the taxing entity that was previously disallowed. USFS Liaison / BLM Liaison / USFS Travel Management Review Subcommittee He stated they talked about travel management for the BLM. He noted at the Legislative Natural Resource Committee meeting in Ely the new Ely District Manager was asked if they would mark open roads open, and mark closed roads closed. He noted the Ely Districts Manager s response was they would mark the open roads open and obliterate the others. Commissioner Eklund-Brown had received s regarding the new BLM Ely District Manager. Elko County Conservation Districts Liaison He stated the districts would be included in the Travel Management Plan alternative. Juvenile Department Liaison / China Spring Advisory Committee He commended Mike Pedersen on his job performance. Metropolis Irrigation Restoration Project He stated there was nothing new. Commissioner Russell reviewed the request for a cost summary on the project. Commissioner Russell: Regional Transportation Commission (RTC), Chair Commissioner Russell stated the Spring Creek Association President had requested more funding and he would meet with Mary Winter on Monday. Museum Board He stated they were forming the Great Basin Western Art Foundation to solicit funding for western art in the museum. Local Emergency Planning Committee (LEPC) Commissioner Eklund- Brown inquired about the plan. Commissioner Russell had not heard anything further and would contact the Sheriff. Central Nevada Regional Water Authority (CNRWA) He stated the telephone conference would be more of a bookkeeping meeting. He said the Great Basin Water Forum was to be held at the John Ascuaga s Nugget on October 21 st and 22 nd in Sparks. Budget Committee He stated they would meet to discuss a funding source for Dr. Leaming s study. He stated they also met with Judge Puccinelli. Nevadaworks He stated there was a meeting on October 8 th in Reno. Commissioner Russell reported he sat upon a School District Program honoring teachers and staff for their dedicated service. Commissioner Russell stated he and Robert Stokes would attend the Nevada Tax Association annual meeting. He reviewed an article from the Nevada Taxpayers Association regarding spending reforms for Nevada government. Commissioner Russell would attend the SAS Global groundbreaking at the railport on Tuesday at 2:00 a.m. PAGE 18

19 Commissioner Myers: Commission Chair, Highway Board Clerk, Liquor Board Chair City of Elko Liaison He commented the City was in litigation on Idaho Street because of the selection of another contractor. Kristin McQueary stated cities came under specific NRS chapters. She said Local Government Purchasing Act and public works projects have specific statutory criteria with regards to the bidding. Robert Stokes explained the issue was on engineering services and from the newspaper article the City Council did not follow their own RFP guidelines. Northern Nevada Transit Coalition He noted NNTC had put out their RFP but one or two companies had made calculation errors. The Board discussed bidding procedures. Nevada Division of Forestry Liaison He had received copies of s between Brent Palmer and the NDF. He asked Robert Stokes to inquire who the Battalion Chief was for Elko County and what the impact would be to the Montello Fire District. He inquired what equipment Brent Palmer was speaking about in the . Robert Stokes stated the County contracts with NDF and they have equipment either in the State s name or the County s name and the County maintains their equipment through NDF management. The Board discussed the chain of command, health and safety issues with regards to fire response. Commissioner Myers informed the Board of the Open House on September 13 th from 3:00 p.m. to 5:00 p.m. and the dedication ceremony at 5:30 p.m. of the Nannini Administrative Building. Commissioner Ellison commented upon the Forest Service presentation made at the meeting in Ely and would request a copy of that testimony. 2:43:55 PM XIX. CONSENT AGENDA: A. Presentation and review of claims for approval B. County Commission Minutes Approval: July 7, 2010, July 8, 2010, July 21, 2010, August 4, 2010 August 5, 2010 and August 18, 2010 MOTION: Commissioner Russell moved to approve the Consent Agenda with corrections to the minutes by Commissioner Eklund-Brown. Commissioner Ellison seconded the motion. The motion passed unanimously. 2:45:12 PM XX. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Myers stated he would be in Salt Lake City on September 15 th so he would not be on the radio program that day. Commissioner Ellison noted the car show was this week. PAGE 19

20 Kristin McQueary would be absent September 15 th and September 17, On September 15, 2010, she would be on a telephone conference call regarding the sage grouse lawsuit. Kristin McQueary stated there would be a settlement conference in Boise on September 23, She stated Jennifer Spencer would attend the September 22 nd morning meeting but would not attend the Montello/Wendover portion of the meeting. Kristin McQueary stated the scheduling order in the Jarbidge dispute would keep her tied up until January. Commissioner Ellison reported he would be in Las Vegas in meetings on September 16, Commissioners Eklund-Brown and Myers would be judges at the Carlin Chili Cook-off. 2:50:21 PM XXI. NORTHEASTERN NEVADA REGIONAL RAILPORT: Discussion and consideration of issues related to the Northeastern Nevada Regional Railport including an update on the construction of the facility. Commissioner Ellison departed the meeting room due to a family conflict. Robert Stokes reported Randy Brown had been working on the fencing issue and asphalt completion. He publicly thanked Lynn Forsberg and his staff for helping put the fence in to reduce costs. Commissioner Eklund-Brown inquired about the three-phase electrical. Robert Stokes stated they were still waiting for the Union Pacific right of way. 2:52:35 PM Chairman Myers called a recess. 3:30:07 PM Chairman Myers reconvened the meeting. Commissioners Dahl and Eklund-Brown were not present at this time. XV. ELKO COUNTY CODE: A. CHANGE RURAL GRAVEL ROAD STANDARDS TO 20 FOOT MINIMUM: In accordance with Public Notice and NRS conduct a Public Hearing and Second Reading of ORDINANCE NO , entitled, AN ORDINANCE AMENDING SUBSECTION B OF SECTION 1 OF CHAPTER 4 OF TITLE 5 OF THE ELKO COUNTY CODE TO DECREASE THE MINIMUM WIDTH OF RURAL GRAVEL ROADS FROM 26 TO 20 IN OPEN SPACE, SPECIAL LANDS AND AGRICULTURAL-RESIDENTIAL (2.5 ACRE MINIMUM PARCEL SIZE) DISTRICTS. Chairman Myers requested public comment. No public comment was submitted. MOTION: Commissioner Ellison moved to approve ORDINANCE NO , entitled: AN ORDINANCE AMENDING SUBSECTION B OF SECTION 1 OF CHAPTER 4 OF TITLE 5 PAGE 20

21 OF THE ELKO COUNTY CODE TO DECREASE THE MINIMUM WIDTH OF RURAL GRAVEL ROADS FROM 26 TO 20 IN OPEN SPACE, SPECIAL LANDS AND AGRICULTURAL-RESIDENTIAL (2.5 ACRE MINIMUM PARCEL SIZE) DISTRICTS. Commissioner Russell seconded the motion. The motion passed by majority vote. Commissioners Dahl and Eklund-Brown were absent during the vote. B. CLARIFIES MINIMUM PARCEL SIZE IN AN OPEN SPACE ZONING DISTRICT TO 1/16 OF A SECTION OR 40 ACRES: In accordance with Public Notice and NRS conduct a Public Hearing and Second Reading of ORDINANCE NO , entitled, AN ORDINANCE AMENDING SUBSECTION D OF TITLE 4, CHAPTER 2, SECTION 1 OF THE ELKO COUNTY CODE, TO CLARIFY THE MINIMUM PARCEL SIZE IN AN OPEN SPACE ZONING DISTRICT SHALL BE 1/16 OF A SECTION OR 40 ACRES. Chairman Myers requested public comment. No public comment was submitted. MOTION: Commissioner Ellison moved to approve ORDINANCE NO , entitled, AN ORDINANCE AMENDING SUBSECTION D OF TITLE 4, CHAPTER 2, SECTION 1 OF THE ELKO COUNTY CODE, TO CLARIFY THE MINIMUM PARCEL SIZE IN AN OPEN SPACE ZONING DISTRICT SHALL BE 1/16 OF A SECTION OR 40 ACRES. Commissioner Russell seconded the motion. The motion passed by majority vote. Commissioners Dahl and Eklund-Brown were absent during the vote. 3:31:29 PM XXII. ADJOURNMENT: MOTION: Commissioner Russell moved to adjourn the meeting. Commissioner Ellison seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk CHARLIE MYERS, Chair PAGE 21