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, June 9, 2010, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison ABSENT Warren Russell County Manager Robert Stokes Deputy Comptroller Debbie Armuth Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Library Director Assessor Jeanette Hammons Katrinka Russell Jeff Secord Chairman Myers called the meeting to order at 1:30 p.m. Commissioner Ellison led the meeting participants in the Pledge of Allegiance. Commissioner Myers noted Commissioner Russell had an emergency and would be absent during this meeting. 1:29:08 PM I. COMMENTS BY THE GENERAL PUBLIC: Jerry Robinson, Lower South Fork resident, stated the road was fine now with the magnesium chloride. He suggested the Commission chip seal South Fork Road to save costs of mag and grading. He noted the mag does not stay on the road and the road deteriorates. Commissioner Dahl asked how many miles would need chip seal. Jerry Robinson stated approximately five miles. Commissioner Myers noted the State Park owned a portion. Commissioner PAGE 1

2 Ellison stated he and Commissioner Russell needed to schedule a meeting with Assemblyman Carpenter, Otis, NDOW and the State Parks on former road commitments. He noted that the County Road Supervisor had the information that there were former commitments. Commissioner Myers stated if the State was willing to help, they could do the portion that goes into the park. Jerry Robinson stated the road needs more material because they were down to bedrock. He commented upon a blind turn on the road that needed attention. Commissioner Ellison asked Robert Stokes to schedule a meeting and put it back on as an action item. Commissioner Myers noted there may be more utilization if the road was improved which would improve the local economy. Commissioner Dahl noted they were talking about privatizing road maintenance and inquired if someone in the area would be interested in the road maintenance. Jerry Robinson stated that they maintain their own roads off of Lucky Nugget and encouraged them to chip seal rather than grading. Commissioner Ellison noted there may not be funding available. Jeff Williams, Road Services Advisory Committee, stated the RSAC should research this with the State and they could research the cost. Commissioner Myers asked that the Chairman of the RSAC, Assemblyman Carpenter, Commissioner Ellison, and Otis Tipton meet to discuss the South Fork Road maintenance issue. Commissioner Eklund-Brown suggested George Boucher also attend the meeting for historical reference. Kristin McQueary introduced her intern for the summer, Lauren Landa, who was a second year law student attending Willamette University in Salem, Oregon. 1:42:24 PM II. CERTIFICATES OF CONGRATULATIONS: A. Discussion and consideration of approval of a Certificate of Congratulations to the Wells High School Girls Track and Field Team honoring their 2 nd consecutive State Championship. MOTION: Commissioner Eklund-Brown moved to approve Certificates of Congratulations to the Wells High School Girls Track and Field Team honoring their 2 nd consecutive State Championship. Commissioner Ellison seconded the motion. The motion passed unanimously. Commissioner Eklund-Brown reviewed their previous track history and presented the Certificate. B. Discussion and consideration of approval of a Certificate of Congratulations to the Spring Creek High School Girls Track and Field Team honoring their State Championship. PAGE 2

3 MOTION: Commissioner Ellison moved to approve a Certificate of Congratulations to the Spring Creek High School Girls Track and Field Team on their State Championship. Commissioner Dahl seconded the motion. The motion was passed unanimously. 1:46:52 PM III. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the continuing operation of the County Library. The Board previously received the written Library Board Minutes and the Law Library Minutes. Jeanette Hammons, Library Director, reported that Vida Myers was the new law clerk. She stated the Library Board of Trustees had Open Meeting Law training given by Kristin McQueary. She reported the summer reading program, Make Waves Read, had began on Monday with 300 participants. Commissioner Eklund-Brown suggested a certificate be issued to Barrick for sponsoring the summer reading program. Jeanette Hammons would give a power point next month on the library services and the return on investment information. She was notified that they have secure bookmobile funding at this time. She noted at the Carlin library they had issues with the roof and there was a volunteer to be project manager. Jeanette Hammons stated the Collection Development Grant Funding had been expended. 1:50:11 PM IV. ELKO COUNTY ASSESSORS OFFICE: Discussion and consideration of authorization to renew a contract for Pictometry Services for the Assessor s Office. Katrinka Russell, Assessor, reviewed their 2008 Pictometry contract and services provided to their office. The Assessor gave an overview of the proposed aerial flight plan. She stated her intention was to add Midas, Mountain City, and Jarbidge to cut field costs and verify records. She explained the various sectors of imagery that would be delivered to Elko County such as neighborhood and community. Commissioner Eklund-Brown inquired if the cities would be participating in funding the program. Katrinka Russell stated other entities would not participate because of their budget issues. Jeff Secord explained the ortho imagery helped GIS but Pictometry would give a better view of the property. Katrinka Russell stated if there was a disaster, Pictometry would do a fly over so they may assess the damage. Commissioner Dahl inquired about Montello. Katrinka Russell stated they could add the Town of Montello. Commissioners Myers and Dahl stated they did not want to add Montello if there would be an increased cost. Katrinka Russell stated Pictometry would provide orientation sessions, technical training sessions and provide one copy of the PAGE 3

4 Pictometry Electronic Field Study software. The Assessor stated Pictometry Online (POL) was provided without charge for one year. She stated County departments could access Pictometry through the County server. Jeff Secord gave a Pictometry Online presentation of Yuma, Arizona and noted no people would be seen because of privacy issues. Commissioner Eklund-Brown inquired about coverage. Jeff Secord replied they would fly over in the fall and have it back to them in February. They could compare the images taken in 2008 to do an assessment on the improvements. Katrinka Russell stated the funding would come from the Assessor s Technology Fund. She reviewed the Pictometry Budget Planning Menu of three flights over six years. Katrinka Russell had requested a non appropriation clause for flights 2 and 3 in the event Tech Funds were not appropriated. She asked the Commissioners to enter into the contract contingent upon review by Kristin McQueary. Commissioner Dahl inquired what it would save versus manpower. Katrinka Russell had numbers from other counties who have used the program. She noted it would cost $42,000 for one fly over but they would pay an appraiser $59,000 per year with benefits. MOTION: Commissioner Eklund-Brown moved to approve the six year contract for the Assessor s Office with Pictometry Services and Elko County with $42,000 budgeted for year one coming from Tech Funds; $44,000 in year three; $50,000 in year 5 with a non appropriation clause for Flights 2 and 3 in the event funds are not appropriated; and with review by legal counsel. Commissioner Dahl inquired if there would be an additional review by the Commission. Katrinka Russell stated they had the non appropriation clause in case there was insufficient funding and the contract would be cancelled and void without penalty. Commissioner Myers noted there would be a legal review. He asked her to amend the motion that the Assessor brings back the cost savings to her department requested by Commissioners Dahl and Ellison. Commissioner Eklund-Brown amended her motion that the Assessor brings back the savings costs to her department with the implementation of this program. Commissioner Dahl seconded the motion. Katrinka Russell stated she could show them some examples of how long it would take an appraiser to go into the field and review and do an appraisal versus calling up the Pictometry. She reported County departments that use the Pictometry were the Assessor s Office, the Clerk s Office, the District Attorney s office, the Planning Office, the Sheriff s Office, NDF, and the City of Elko. Commissioner Ellison suggested it be installed in the meeting room. Katrinka Russell stated it could be installed for viewing by the Commission during their PAGE 4

5 meeting. Commissioner Ellison noted that would be beneficial when they were making a decision upon appeals from the Planning Commission. The motion passed unanimously. 2:30:32 PM V. CHILDREN LEGAL SERVICES AGREEMENT: Discussion and consideration of authorization for the renewal of the Service Agreement for Representation of Children in 432B Matters in the County of Elko, State of Nevada. MOTION: Commissioner Eklund-Brown moved to renew the Service Agreement for Representation of Children in 432 B matters in Elko County. Commissioner Dahl seconded the motion. The motion passed unanimously. 2:31:48 PM VI. ELKO COUNTY FIRE PROTECTION DISTRICT: Discussion and consideration of issues related to the Elko County Fire Protection District including consideration of a feasibility study regarding current and future operations, the contract with NDF. Commissioner Myers reviewed the discussion held at a previous meeting about the cost of a feasibility study. Commissioner Eklund-Brown understood the meeting was to also update their agreements with NDF if needed. MOTION: Commissioner Ellison moved to table. Commissioners Eklund- Brown and Dahl seconded the motion. The motion passed unanimously. 2:33:00 PM VII. NEVADA RURAL HOUSING AUTHORITY (NRHA): Consideration of Resolution No entitled: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELKO COUNTY, NEVADA PROVIDING FOR THE TRANSFER OF THE COUNTY S 2010 PRIVATE ACTIVITY BOND CAP TO THE NEVADA RURAL HOUSING AUTHORITY. Said resolution transfers Elko County s Private Activity Bond Cap to the NRHA to be used for financing housing for low to moderate income individuals/families. MOTION: Commissioner Dahl moved to adopt Resolution No , entitled: RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELKO COUNTY, NEVADA PROVIDING FOR THE TRANSFER OF THE COUNTY S 2010 PRIVATE ACTIVITY BOND CAP TO THE NEVADA RURAL HOUSING AUTHORITY. Commissioners Ellison and Eklund-Brown seconded the motion. PAGE 5

6 Commissioner Myers inquired if Weststates Property Management was included. Robert Stokes stated there was no additional request for Weststates Property. Commissioner Eklund-Brown suggested Cash Minor monitor this. The motion passed unanimously. 2:35:25 PM VIII. NATIONAL SUMMIT OF MINING COMMUNITIES: Discussion and consideration of Elko County being a sponsor for the National Summit of Mining Communities at the Elko Convention Center on October 4-7, Commissioner Eklund-Brown commented they needed a lead agency for liability coverage of the event. Commissioner Myers inquired if there were costs involved. Commissioner Eklund-Brown did not believe there would be additional costs. Commissioner Ellison inquired about staff time. Commissioner Eklund- Brown noted no staff or funding was requested at this time but they may need staffing such as NACO. Robert Stokes inquired about the dates at the Convention Center. Commissioner Eklund-Brown noted ECVA was hosting the convention free because it was a first time event and they were soliciting presenters and participants. MOTION: Commissioner Dahl moved to approve Elko County being a sponsor for the National Summit of Mining Communities at the Elko Convention Center on October 4-7, Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 2:38:10 PM IX. BONNEVILLE OFF-ROAD RACING ENTERPRISES (B.O.R.E.): Consideration of approval of a B.O.R.E. race event at the old landfill site in Jackpot, Nevada. B.O.R.E seeks approval to use a portion of the old landfill site in Jackpot, Nevada (Section 6, T.47, R.65E) for an annual race event on July 10, Activities will not be on the reclaimed areas of the closed landfill. B.O.R.E will provide the County a certificate of insurance as an additionally insured. Robert Stokes noted there was a change in ownership of B.O.R.E. MOTION: Commissioner Ellison moved to approve the B.O.R.E. Race event in Jackpot, Nevada on July 10, Commissioner 2:39:59 PM XI. Eklund-Brown seconded the motion. unanimously. PAGE 6 The motion passed 2010 VARIOUS PURPOSE BOND ORDINANCE: Discussion and consideration of approval of Ordinance No L authorizing the issuance of general obligation bonds in the amount of $10,000,000 for vehicles, equipment and refunding Railport debt: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE COUNTY OF ITS

7 ELKO COUNTY, NEVADA, GENERAL OBLIGATION (LIMITED TAX) VARIOUS PURPOSE AND REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2010, IN THE MAXIMUM PRINCIPAL AMOUNT OF $10,000,000 FOR THE PURPOSE OF ACQUIRING COUNTY VEHICLES AND EQUIPMENT AND REFUNDING THE COUNTY S OUTSTANDING MEDIUM-TERM RAILPORT BOND, SERIES 2008; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE PAYMENT THEREOF; ADDITIONALLY SECURING THEIR PAYMENT BY A PLEDGE OF CERTAIN REVENUES; PROVIDING OTHER MATTERS RELATING THERETO; ADOPTING IT AS IF AN EMERGENCY NOW EXISTS; AND PROVIDING THE EFFECTIVE DATE HEREOF. Commissioner Ellison disclosed that he sat on the Debt Management Commission and had received direction from the District Attorney s Office that he could vote even though the railport was included because there was no beneficial benefit to him or his family. Kristin McQueary explained this was for the refinancing of the existing railport debt. Commissioner Eklund-Brown inquired about the previous approval and Robert Stokes explained it was a portion of the process. Commissioner Dahl inquired what percent of the $10 million dollars was railport debt. Debbie Armuth replied under 9 million dollars but it would not reduce the railport debt because the term was extended. Commission Ellison inquired about the interest rate. Debbie Armuth stated they would know the rate after they sell the bonds. Commissioner Eklund-Brown asked if there were prepayment fees. Debbie Armuth stated they could pay it off after three years. MOTION: Commissioner Eklund-Brown moved to approve Ordinance No L entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE COUNTY OF ITS ELKO COUNTY, NEVADA, GENERAL OBLIGATION (LIMITED TAX) VARIOUS PURPOSE AND REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2010, IN THE MAXIMUM PRINCIPAL AMOUNT OF $10,000,000 FOR THE PURPOSE OF ACQUIRING COUNTY VEHICLES AND EQUIPMENT AND REFUNDING THE COUNTY S OUTSTANDING MEDIUM-TERM RAILPORT BOND, SERIES 2008; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES FOR THE PAYMENT THEREOF; ADDITIONALLY SECURING THEIR PAYMENT BY A PLEDGE OF CERTAIN REVENUES; PROVIDING OTHER PAGE 7

8 MATTERS RELATING THERETO; ADOPTING IT AS IF AN EMERGENCY NOW EXISTS; AND PROVIDING THE EFFECTIVE DATE HEREOF. Commissioner Dahl seconded the motion. Chairman Myers asked if there were any public comments. No public comments were received. The motion passed unanimously. 2:46:46 PM XII. NEVADA HIGHWAY PATROL: Discussion and consideration of the renewal of an office space lease for the Nevada Highway Patrol at the Wells Justice Court Building in Wells, Nevada. MOTION: Commissioner Eklund-Brown moved to approve the four year extension renewal of the office space lease for the NHP at Wells Justice Court Building, Wells, Nevada at $ per month for four years. Commissioner Dahl suggested a 15% discount this year and relook at it next year. Commissioner Eklund-Brown noted to do annual renewal would require more manpower each year on the contract. Commissioner Dahl seconded the motion. Commissioner Ellison disclosed his sister-in-law was the Wells Justice of the Peace but he had no pecuniary interest. The motion passed unanimously. 2:50:48 PM XIII. REDSTONE PROJECT (BIG W RANCH): Discussion and consideration of issues and activities related to the planned Redstone Project in the Spring Creek area including the introduction of United States Environmental Protection Agency (EPA) officials reviewing the project. Robert Stokes reported he received an from the Redstone personnel and they were unable to make room reservations due to the Mining Expo so they requested no action. 2:52:08 PM XIV. COMMISSION AND COMMITTEE REPORTS: Commissioner Myers: Elko County Economic Diversification Authority (ECEDA) Board He reported upon the Mining Expo upcoming events. Nevada Commission on Economic Development - He encouraged the County to install their video conferencing to reduce travel costs. He spoke upon the benefit for the local Nevada Development Authorities to attend the state NCED meeting through video conferencing. Commissioner Dahl: Elko County Fair Board He stated they meet tonight. PAGE 8

9 Central Nevada Regional Water Authority (CNRWA) They would meet in Ely next week. Mining Sustainability - He expressed a desire to attend the meetings. USFS Liaison / BLM Liaison / USFS Travel Management Review Subcommittee They would meet tomorrow with the Forest Service to discuss the extension for public comments on the DEIS of the Travel Management Plan. Metropolis Irrigation Restoration Project He reported they would put in water weirs to measure the water going out and how much was behind the dam. Natural Resource Committee Liaison (Alternate) They were going on a tour of Tomera Ranch on June 15 th and their meetings were the fourth Wednesday of the month. Commissioner Eklund-Brown stated the Conservation Districts were having their annual BBQ on the 19 th of June in Wells. Commissioner Myers noted the Elko Motorcycle Jamboree was scheduled for June th and on Saturday they will have the ATV Jamboree kickoff. He stated the ATV Jamboree was all week long. Commissioner Eklund-Brown: City of Carlin/Towns of Mt. City, Midas, Jarbidge & Tuscarora Community Liaison She reported upon the Carlin banquet for the presentation of the Citizen of the Year. In Midas, they have the last approval for the fencing project which was planned with NDF, County Planning and Zoning and Great Basin Gold Surveyors. She inquired about the status for the Tuscarora restroom. Robert Stokes stated after July 1 there would be funding available. Northeastern Nevada Stewardship Group She and Commissioner Russell attended the trail breaking on the Lamoille to Secret Trail. BLM Liaison, BLM RAC & REC-RAC She reported RAC would be in Eureka on June 17 and 18 to tour the Three Bar Ranch Project. California Trails Center Board Liaison; RMP & EIS Liaison She commented upon the Trail s Day attendance on May 29, ECCWMA - Noxious Weed Liaison She had met with Union Pacific personnel on a project from Elburz to Carlin. She hoped they would help with the removal of the old equipment outside of Carlin by a chemical company. Sheriff Department Liaison She and Commissioner Myers met with the Sheriff s Department on the 7 th of June. Hospital Board They were doing their 2011 strategic plan and they will have a cardiologist on staff. Commissioner Ellison: Nevada Association of Counties (NACO) Board There will be an annual conference in Reno. PAGE 9

10 National Association of Counties (NACo) Representative He would be in Reno at the Conference. Nevada State Contractors Board The Governor replaced him on the Nevada State Contractors Board with the ex-chairman. Elko Senior Activity Programs Board Liaison He and Commissioner Eklund-Brown presented Proclamations at the elderly event. Insect Abatement He stated reports were being returned but the weather hampered further abatement. Commissioner stated Eureka, Pershing and Lander had crickets and noted there were crickets at Mountain City. Recreation Board They met yesterday and approved $1,000 for Jarbidge, paid bills and approved the budget. Indigent Accident Fund Board They have a meeting scheduled for the 22 nd of June. He believed this would become an unfunded mandate upon the counties. Western Counties Alliance He stated they would be meeting tomorrow. Commissioner Eklund-Brown stated Ken Brown would attend the wild horse and burro meeting on June in Denver, Colorado. Commissioner Ellison noted the Nevada Cattlemen Association requested a NACO representative be present at that meeting. Commissioner Dahl volunteered to attend the meeting. Commissioner Ellison would attend the June 17 th hearings in Las Vegas before the State Contractor s Board. 3:12:21 PM XV. COMMISSION MEETING CALENDAR: June 14, 2010 Primary Election Canvas 4:00 p.m. Elko -- Nannini Admin Bldg, Suite 102 June 23, :30 p.m. Elko Nannini Admin Bldg, Suite 102 July 7 & 8, :30 p.m. Elko Nannini Admin Bldg, Suite 102 All Times Pacific Time MOTION: Commissioner Ellison moved to approve the Commission Meeting Calendar. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 3:12:44 PM XVI. CONSENT AGENDA: A. Presentation and review of claims for approval B. Approval of minutes: May 6, 2010 MOTION: Commissioner Ellison moved to approve the Consent Agenda items A & B with all minute corrections submitted by Commissioner Eklund-Brown. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. PAGE 10

11 3:13:19 PM XVII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Myers suggested better markings for the entrance to the Annex during construction. Commissioner Dahl understood there were problems with water at the Railport and Global SAS expressed concerned Commissioner Ellison asked if they could schedule a meeting with NDOT, regarding a sound wall at Osino because the trucks made noise at night. Jeff Williams stated trucks were idling all night long but they were also running a heliarc welder all hours with other equipment so there were lots of complaints of noise. He stated the residents would like to have a meeting with someone to deal with this issue. Commissioner Eklund-Brown noted the zoning ordinance would be applicable. Commissioner Ellison noted he would be absent tomorrow but wished to voice his opposition to the federal COPs grant to be brought up by the Sheriff s Department. Commissioner Myers commented upon complaints received from Osino about blasting going on in the hill behind Osino possibly off Coal Mine Canyon Road. Commissioner Myers asked that the Sheriff investigate the blasting. Commissioner Myers noted he had several inquiries about a road in the Last Chance area which was blocked off with ties in the ground which goes through Burner Basin; and another concern about a fence across the road on Trescartes in Spring Creek. Kristin McQueary cautioned them that between the river and Last Chance Road the acreage was reverted back to acreage so those paper roads no longer exist. Commissioner Myers would get the exact location to Kristin McQueary. Commissioner Ellison inquired about the Wells tire plant. Commissioner Dahl stated Fronteer had leased part of the building. The Board discussed County investment in the Wells Industrial Park. 3:25:21 PM X. ELKO COUNTY CODE: Conduct a second reading and Public Hearing as advertised in Notices , , regarding amending existing County Code as follows: A. Ordinance No , entitled: AN ORDINANCE AMENDING SECTION 15 OF CHAPTER 1 OF TITLE 7 OF THE ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR THE PROSECUTION OF PETIT LARCENY FROM $100 TO $250. B. Ordinance No , entitled: AN ORDINANCE AMENDING SUBSECTION (A) OF SECTION 14 OF CHAPTER 1 OF TITLE 7 OF THE PAGE 11

12 ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR THE PROSECUTION OF MISDEMEANOR ISSUANCE OF A CHECK OR DRAFT WITHOUT SUFFICIENT FUNDS OR CREDIT (BAD CHECK). C. Ordinance No , entitled: AN AMENDMENT TO ELKO COUNTY CODE INCREASING THE MONETARY AMOUNT FROM $100 TO $250 TO BE CRIMINALLY LIABLE FOR A MISDEMEANOR OFFENSE OF POSSESSION OF STOLEN PROPERTY. Commissioner Ellison disclosed that he had relatives that work in the Court system but the benefit or detriment to him personally was no greater or no less than any other victim or offender potentially in the future. Kristin McQueary stated he could vote on this agenda item. Chairman Myers called for public comment. No public comments were submitted. MOTION: Commissioner Ellison moved to approve Ordinance No , entitled: AN ORDINANCE AMENDING SECTION 15 OF CHAPTER 1 OF TITLE 7 OF THE ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR THE PROSECUTION OF PETIT LARCENY FROM $100 TO $250; Ordinance No , entitled: AN ORDINANCE AMENDING SUBSECTION (A) OF SECTION 14 OF CHAPTER 1 OF TITLE 7 OF THE ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR THE PROSECUTION OF MISDEMEANOR ISSUANCE OF A CHECK OR DRAFT WITHOUT SUFFICIENT FUNDS OR CREDIT (BAD CHECK); and Ordinance No , entitled: AN AMENDMENT TO ELKO COUNTY CODE INCREASING THE MONETARY AMOUNT FROM $100 TO $250 TO BE CRIMINALLY LIABLE FOR A MISDEMEANOR OFFENSE OF POSSESSION OF STOLEN PROPERTY. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. XVIII. ADJOURNMENT: MOTION: Commissioners Ellison and Eklund-Brown moved to adjourn the meeting. Commissioner Dahl seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned. APPROVED, PAGE 12 CHARLIE MYERS, Chair

13 ATTEST: MARILYN TIPTON, Deputy Clerk PAGE 13

14 Elko County Board of Commissioners Co mmissioners Sheri Eklund-Brown Demar Dahl John Ellison Charlie Myers Warren Russell Elko County Manager Robert K. Stokes STATE OF NEVADA ) ) ss. COUNTY OF ELKO ) JUNE 10, 2010 The Board of Elko County Commissioners met in regular session on Thursday, June 10, 2010, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl Absent John Ellison Warren Russell County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Planning & Zoning Dir. Randy Brown Sheriff Dale Lotspeich Undersheriff Doug Gailey Marvin Morton Planning and Zoning Dir. Randy Brown Road Supervisor Otis Tipton Chairman Myers called the meeting to order at 1:34 p.m. Commissioner Ellison was absent due to a scheduling conflict. Commissioner Dahl led the meeting participants in the Pledge of Allegiance. 1:35:13 PM I. COMMENTS BY THE GENERAL PUBLIC: Meghan Brown, Nevada Cattlemen s Association, gave an update on the UNR College of Agriculture, Biotechnology and Natural Resource (CABNR) ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 1

15 issue. Meghan Brown reported the UNR Board of Regents chose the recommendation from the College of Agriculture. There would be three new departments: Biochemistry and Molecular Biology; Food, Agriculture and Nutrition; and Natural Resources and Environmental Science. They would close Animal Biotechnology and the Department of Resource Economics Departments. She stated the CABNR committee had three subcommittees: research, academic programs, and main station. 1:39:16 PM Chairman Myers stated it was Commissioner Ellison s birthday today and called a recess for the meeting participants to enjoy a piece of cake. 1:47:50 PM Chairman Myers reconvened the meeting. II. ELKO COUNTY SHERIFF S DEPARTMENT: A. Discussion and consideration of authorization to apply for a Federal COPS Hiring Program Grant to hire deputies for a three year grant period. Application deadline is June 16, Undersheriff Doug Gailey stated they would submit an application for two patrol deputies. The Undersheriff explained the grant was for keeping positions that have been laid off rather than adding new positions. The Undersheriff clarified after the three years the County would have to pick up the salary and benefits for one year (the fourth year). Commissioner Dahl commented Commissioner Ellison opposed this previously. Commissioner Myers explained they would only apply for two deputies rather than five and they have the final decision to accept the grant. Commissioner Russell inquired about security for the Court. Undersheriff Gailey had spoken to Judge Puccinelli and he would like to be responsible for the Courthouse security. There was a discussion about the reduction of overtime. MOTION: Commissioner Dahl moved to approve the first look for a Federal COPS Hiring Program Grant on the condition they have a second look at this with the costs. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 1:55:21 PM B. Discussion and consideration of issues related to the development, implementation and funding of the Elko County Radio Communication Plan. Sheriff Lotspeich stated the Commission previously voted on proceeding with the study and approved a budget. Commissioner Myers voiced concern about the units in the vehicles on US Highway 93A because of lack of coverage and officer safety. MOTION: Commissioner Russell moved to approve the State share system (800 MHz system) because it was recommended by the Budget Review Committee and a financial plan was established to ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 2

16 provide for this. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. Commissioner Sheriff inquired if he had the authority to hire a project manager and he received an affirmative response from the Board members. 1:59:23 PM III. BUREAU OF LAND MANAGEMENT: A. Presentation, discussion and consideration of planned BLM wild horse gather activities. Kenneth Miller, BLM District Manager, stated the Tuscarora Wild Horse Gather would start on July 9 th to gather 1,548 head in three herd management areas: Owyhee, Rock Creek, and the Little Humboldt. He said they would restrict access to the gather sites, herd management sites, and holding facilities to protect the public and have an effective gather. Commissioner Eklund-Brown inquired about air control and Kenneth Miller stated the FAA would control the advisory of the helicopter use to gather horses. Kenneth Miller stated they received multiple comments and their response was in the Environmental Assessment. He stated the decision could be appealed and it could come with a request for stay. Commissioner Russell inquired if he needed to get permission to close any County roads for this procedure. Ken Miller stated they would work with the Sheriff s Department. Commissioner Russell requested advanced notice on road closures because of the rural locations. Kenneth Miller stated they intend to move forward in the area of Highway 93 called the Antelope Horse Gather to be performed in the fall. MOTION: Commissioner Eklund-Brown moved to support the BLM in restricting access to gather sites and holding facilities in the upcoming Tuscarora gather based on recent events which have caused concern for public health, safety and welfare and that the BLM will work to coordinate with the press, the Sheriff s Office, and the permittees. Commissioner Dahl questioned the notification procedure for road closures. Commissioner Eklund-Brown amended her motion to include coordination with the District Attorney s Office. Commissioners Dahl and Russell seconded the motion. The motion passed unanimously. Ken Miller stated there was a release of the Secretary of Interior s Wild Horse and Burro Strategy on the 3 rd of June as a result of the Government Accounting Office survey. He reported they were using the US Institute for Environmental Conflict Resolution to poll the ideas for an effective strategy. He stated the meeting next week in Denver was to pull the stakeholders and partners together to address the issue. He reviewed the recommended Five ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 3

17 Principles of Success in the BLM strategy. Commissioner Myers noted Bob Abbey suggested local sanctuaries rather than transportation to pastures back east. Ken Miller stated sanctuaries were part of the solution but there was no decision where they would be located. Commissioner Eklund-Brown noted the stakeholder groups amended the initial proposal. B. Newmont Mining Corporation - Genesis Project DEIS: Discussion and consideration of comments regarding the Newmont Mining Genesis Project DEIS that will amend the Plan of Operations at the existing operations where most of the new activity will occur on existing disturbance. Commissioner Eklund-Brown sat as the cooperating agency representative for the County for socio economics participation. She read a draft letter of support into the record for Commission consideration. MOTION: Commissioner Eklund-Brown moved to approve submitting the letter. Commissioner Dahl seconded the motion. The motion passed unanimously 2:21:03 PM IV. NATIONAL WILD HORSE AND BURRO ADVISORY BOARD: Discussion and consideration of issues related to the upcoming National Wild Horse and Burro Advisory Board Public Workshop and Meeting to be held on June 14 and 15 in Denver, Colorado. Meghan Brown, Nevada Cattlemen s Association, stated two of their people were in Washington D.C. meeting with the congressional delegation and the Chief Specialists for wild horse and burro. She encouraged the Commission to send copies of their comments to Secretary Salazar, Director Abbey, Jeff Fontaine and their congressional delegation. Meghan Brown submitted copies of the Nevada Cattlemen s Association comment document wherein they supported more fertility control; extend/acquire contracts for grass pastures, relocation to mid-east pastures; and transfer of horses into private care. The NCA opposed the expansion of Horse Management Areas; opposed elimination of helicopters as a method of gathering; and do not want conversion of grazing lands to monuments, horse preserves or sanctuaries. The NCA was concerned how herds would be designated and if treasured herds would be outside HMAs because they oppose expansion of horses into non HMA areas. Commissioner Dahl recommended the holding facilities have a sunset clause so there would not be a reason to keep them full. He noted the livestock industry, in the past, supported refuges inside a cow range contingent that the horses would be removed from the rest of the area. MOTION: Commissioner Dahl moved to include the Nevada Cattlemen s Association position within their letter of comments. ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 4

18 Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 2:37:22 PM V. U.S. FOREST SERVICE: HUMBOLDT-TOIYABE NATIONAL FOREST: A. Meadow Creek Bridge Replacement Project: Discussion and consideration of comments related to the Meadow Creek Bridge Replacement Project that will replace the upper, middle and lower Meadow Creek Bridges. Tom Montoya, Mountain City District Ranger, stated Mike Balen brought these three bridge replacement projects to him. He reported the decks would be replaced by this summer or late fall. He stated there would be by-passes for two of the bridges but there would be no detour on the third bridge so the road would be closed for two or three days. Tom Montoya stated construction would be outside of hunting season. MOTION: Commissioner Eklund-Brown moved to support the project with a request to publicize any closures with the work construction schedule and to consider the hunting season. Commissioner Russell seconded the motion. The motion passed unanimously. 2:39:32 PM B. Mountain City, Ruby Mountains and Jarbidge District Travel Management Project: Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project. Tom Montoya reported 25 people attended the Jarbidge meeting but there was no one at the Jackpot meeting. He had met with Commissioners Dahl and Russell this morning and he and Garr were willing to grant the comment period extension for six months. He asked the Commission to enter into a facilitated process to help the County and Forest Service resolve the issues. Commissioner Russell stated the meetings would be held in Elko County buildings. He stated they would hold conversations on the Clean Water Act and the Endangered Species Act and how it impinges upon the type of decisions the Forest Rangers can make. The County would be involved with the selection of the facilitator on those meetings. The Forest Service volunteered to pay for the facilitator and there would be minutes recorded on those activities. He noted that once the plan was approved there was an appeal process. Commissioner Dahl noted they currently have a forest they could use but the agency historically was taking more and more forest away from the public. His perspective was the County should come to the table with the idea that if there was something to be taken away, then there should be a good reason and that should be ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 5

19 demonstrated. Commissioner Dahl suggested Randy Brown coordinate the issue and on specific issues they could bring in an expert. Commissioner Eklund-Brown commented that Randy Brown did not have sufficient time and suggested someone familiar with that type of research, law and who had a biological background. Commissioner Myers noted that public perception may be that Commission and staff were concentrating on the Travel Management Plan and not addressing the other County services. He suggested more staff assistance for Randy Brown. Commissioner Myers did not support making new trails but supported the existing camps and the existing agreements promised long time ago. Commissioner Eklund-Brown stated that they should receive the same treatment as the other national forests have received on their requests. Tom Montoya stated they were trying to maintain the maximum amount of dispersed camping in the forest. He stated the GIS personnel estimated there were over 1,500 campsites that were less than ¼ mile that would be designated. He believed there needed to be clearer wording in the document. 2:53:23 PM Randy Brown stated he did not have the proper biological knowledge but volunteered to be the coordinator over this. He believed public lands in Elko County were a natural resource and he could oversee this as part of his job description. Randy Brown reported Kelly Watson was training on water right issues. He noted staff and volunteers have started working on the plan. He commented that Cliff Gardner had a 26 page report addressing environmental issues and he had submitted 14 pages of comments. Randy Brown urged the commission to give him authority to pass those comments on to the Forest Service. MOTION: Commissioner Dahl moved to accept Randy Brown s comments and present it to the Forest Service. Commissioner Russell seconded the motion. The motion passed unanimously. Otis Tipton noted the Rule stated their past agreements were void or they did not need to address them and this posed a problem with spending county tax dollars on roads they no longer own and referenced Nevada Revised Statutes. Otis Tipton stated the Gold Creek Road and Trail Creek Road were being claimed by the Forest Service. He questioned if the County wanted to claim them as RS 2477 roads, if the agreements no longer exist. Tom Montoya stated he had found agreements in Dan Dallas file on the Jack Creek Road and the road into Gold Creek so those road designations would be changed. Commissioner Eklund-Brown asked if the agreements continue to exist. Tom Montoya stated they would continue to exist and those roads would be mapped as County roads. 2:59:35 PM ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 6

20 Grant Gerber reported that a person had been cited on a road in White Pine County. He thanked them for the six month extension and noted it took the Forest Service over nine months to put their plan together. Grant Gerber stated there was volunteer help outside this area such as the Blue Ribbon Coalition. He stated mines have given up on Forest Service lands because of the numerous restrictions and limitations. He reminded them grazing on the forest was down approximately 80% from the 1950 s. Grant Gerber stressed they should find out what happened in the other states and other counties and believed their plans could be opened. He asked if the County had contact with the other counties or the Tribes on the Travel Management Plan and suggested they hold a workshop with the other counties. Grant Gerber stated there was a report being put together for the Commission s review within six months. Commissioner Eklund- Brown noted the permitted use for mining was there. They had been assured that a Notice of Intent to go cross country could be ed from the Forest Service to anyone such as a geologist wishing to go out and stake claims and that ability was under the Mining Law. Grant Gerber noted ranchers had to submit a plan for operation but the agency staff was backlogged and sometimes they miss the opportunity for their project due to weather conditions. Commissioner Eklund-Brown stated at the NACO Public Land and Natural Resource Subcommittee they found four or five counties not in agreement with their Travel Management Plans. She noted the Tonopah District plan had been reopened and other counties were moving forward on appeals or were in opposition. Grant Gerber suggested a workshop with other counties to learn what they discovered and to coordinate with the tribes. Commissioner Russell commented he, Commissioner Dahl and Randy Brown had met with the Tribal Council. He inquired if the Tribe could negotiate an amendment to the Ruby Valley Treaty which would address some of the travel management issues. Grant Gerber believed that was possible because many tribal members were upset over the plan because of the reduction of their rights under the Treaty. MOTION: Commissioner Eklund-Brown moved to designate Commissioners Russell and Dahl and the Travel Management Committee as a whole to work with the Forest Service in the facilitation process in the future and to bring in additional persons as needed. Commissioner Russell suggested she include hiring of expert individuals to be brought before the Commission if there was any expenditure. Commissioner Eklund-Brown moved that approval of additional persons as needed be brought before the Commission if there was a monetary expenditure. Commissioners Dahl and Russell seconded the motion. The motion was passed unanimously. ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 7

21 Commissioner Myers voiced appreciation to Governor Gibbons for his support of their request for the six month extension. He noted Congressman Heller sent a letter in support of Elko County for the extension. 3:16:07 PM VI. 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. Randy Brown stated the Nevada Water Resource Association would hold a meeting with CNRWA next Friday in Ely. He would sit on the panel at the request of the State Engineer s Office to help other counties with the development of their Water Resource Management Plans. Commissioner Russell stated Randy Brown and his staff would attend water rights classes. 3:17:54 PM VII. 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 the BLM was requiring an EIS which would cost approximately $250,000 to $500,000. Commissioner Dahl stated there would be a measurement weir put in at the dam. He suggested another measurement below 12 Mile Spring for an accurate reading. Commissioner Eklund-Brown noted the Army Corps of Engineers required the EIS of the BLM. Randy Brown noted the EIS would cover the archeological and cultural. Commissioner Dahl stated the Water Board would only pay for construction but they need to get the funding allocated before November. 3:21:12 PM VIII. ELKO COUNTY NATURAL RESOURCES ADVISORY COMMISSION: Discussion, consideration and update on issues reviewed by the Elko County Natural Resources Advisory Commission. Randy Brown reported at the last meeting they sent a letter out in support of the six month extension on the Travel Management Plan comment period. He stated they discussed the Forest Service Meadow Creek Bridge Replacement Project. He reported the field trip to Tomera Ranch would be held on the 21 st of June, and the BLM had given a 15 to 20 day extension for comment. Commissioner Eklund-Brown inquired if the Tomeras had appealed the allotment decision. Ken Miller stated there was nothing on appeal. ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 8

22 3:23:03 PM IX. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Russell stated there would be a Nevadaworks meeting tomorrow. Commissioner Dahl would go to Denver to represent the County at the wild horse gather workshop. 3:25:10 PM X. 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. Randy Brown stated the railport was operational; however, there were some issues with the materials for the sub-base. They were proceeding with the chip seal along the outside edges of the Team Tracks 1 &2. Randy Brown explained the contractor offered to peal the asphalt back in the problem section and re-work the sub base for $40,000. Randy Brown stated the Contractor wanted to negotiate so there may be minor changes to the contract. Commissioner Eklund-Brown inquired about three-phase electrical. Randy Brown explained there was two parts to the electrical. One portion was three phase for the railport itself and the other was for the hot start on the Trail Track for the engine recharge. Commissioner Dahl inquired about the water for fire. Randy Brown stated that was in final design and Cash Minor was looking for financing in the amount of 1.2 million dollars. Robert Stokes would set up a meeting next week on the 15 th system. 3:32:31 PM XI. ADJOURNMENT: to coordinate the activities on the fire water MOTION: Commissioner Dahl moved to adjourn the meeting. Commissioner Russell seconded the motion. The motion was 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 ELKO COUNTY COMMI SSION JUNE 10, 2010 PAGE 9