STATE OF NEVADA, ) COUNTY OF ELKO ) ss. MARCH 19, 2003

Transcription

1 STATE OF NEVADA, ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners meet in regular session on March 19, 2003, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners John Ellison, Chair Mike Nannini Warren Russell Sheri Eklund-Brown Charlie Myers County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Deputy Comptroller Debbie Armuth Human Services Jerilyn Underwood Safety Coordinator Bill Webb Sheriff Neil Harris Road Supervisor Otis Tipton Public Works Lynn Forsberg Planning and Zoning Randy Brown The following proceedings were held: Chairman Ellison called the regular meeting to order 1:30 p.m. Commissioner Ellison noted for the record that all Commissioners were present. PLEDGE OF ALLEGIANCE: Commissioner Nannini led the meeting participants in the Pledge of Allegiance. PROCLAMATION HONORING TOD E. MCCLASKEY: The Board considered Proclamation 2003-F entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS HONORING THE LIFE AND CONTRIBUTIONS OF TOD E. MCCLASKEY. Commissioner Myers read the Proclamation into the record. Commissioner Myers moved to approve Proclamation 2003-F, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS HONORING THE LIFE AND CONTRIBUTIONS OF TOD E. MCCLASKEY. Commissioner Nannini seconded the motion. The motion was passed unanimously. Annette Kerr thanked the Board of Commissioners on behalf of the Tod McClaskey family members for recognizing Tod McClaskey in the State of Nevada. She reported that, even after death, he made provisions for the continued operations in Elko, and PAGE 1

2 Winnemucca, Nevada. Commissioner Ellison voiced the regret that they had not initiated this Proclamation before the passing of Tod McClaskey. COMMENTS BY THE GENERAL PUBLIC: Commissioner Russell stated, in view of the circumstances over the past few days and the impending actions with Iraq, he requested that William Webb submit some information about safety measures being taken. He noted that Sheriff Harris was also present to report upon the Sheriff s Department safety procedures. William Webb, Safety Director, reported that for the past two years they had worked upon the HAZMAT plan for Elko County. He reviewed the various participants in that program. He reported that they had receipt of grants through LEPC and the Department of Energy for preparation of the plan. He stressed that this was a general plan and could not surmise all the events that may happen within the county. Bill Webb noted that through LEPC grant funding they had protection gear provided for the first responders. He stated that there was a Citizens Core Grant from Homeland Security that they were reviewing for consideration. He stated the Department of Energy had provided funding due to the low nuclear waste transportation upon US 93 through Wendover. He noted that Wendover had trained personnel with regards to this threat. He reviewed the color grades for protective measures regarding terrorists attacks with red designation for the most dangerous grade. He stated that the Department of Emergency Management/Homeland Security had raised the level to orange but there was no evidence of existing threats to the State of Nevada or its residents. William Webb noted that a part of the nation was under a red alert such as along the eastern coast. He reported that some places had restricted travel such as around airports. William Webb stated that they were still working on the HAZMAT plan which would replace the older general plan for Elko County. Commissioner Russell noted that within their plan he understood they addressed biological or chemical concerns. He was informed that a few weeks ago there was some concern about an illness. Bill Webb stated that LEPC had contacted Carrie Powers in the Public Health Department with regards to procurement of necessary drugs should there be an outbreak of certain diseases. There was a suggestion to inventory the pharmacies within the County with regards to the medicine on hand. Bill Webb stated they would schedule a meeting once a month to discuss any new events and discuss community health. He believed that Carrie Powers would probably attend that meeting. Commissioner Ellison inquired if the Hoover Dam had a red alert. William Webb stated he had not heard of any word upon that location. Commissioner Myers noted the increase of the no-fly-areas within the United States. Commissioner Myers noted that there would be a time lapse before the information or notification reached Elko through state or local governments. William Webb noted he received from the Department of Emergency Management Office and would submit that information to Robert Stokes. Commissioner Ellison felt that item should be placed upon the next meeting agenda. Commissioner Myers reported there was concern at the Elko Airport. He had spoken PAGE 2

3 to Linda Ritter regarding the security and there may be mobilization of the National Guard. He noted that the City of Elko checked their water supply more frequently. He suggested that there be periodic checks upon the County regulated water systems. William Webb noted there was concern with a new virus being addressed by the Center of Disease Control. Sheriff Harris felt if the war was declared they would anticipate going to the red level. He asked that dispatch have each of the Commissioner s emergency numbers in case they need an emergency meeting. He stated there was a bottled water supply stored in case of an emergency in the jail. He stated the deputies would check the water systems and power sources. He stated that they have to keep the inmates secured, and they had held a staff meeting to discuss some problems that may arise. They would meet with the two local prisons in the area regarding a contingency plan. Sheriff Harris suggested that the public try to keep their vehicles full of gas. Sheriff Harris stated that there was a sign off on the jail construction. He stated that the back-up generator was not working at the jail. Sheriff Harris noted that should anything happen in Elko County it may affect the water and power but they did not anticipate any major problems. He stated the introduction of the supplies could be obstructed to the community if the roads were closed. He suggested that the general public should store adequate water for three days and sufficient food commodities. Commissioner Ellison encouraged that any dispatches go through Robert Stokes to inform the whole board. Commissioner Russell suggested an administrative memo to all the County Departments to keep an eye out within the county as to anything unusual, specifically to the road crews, public works and Sheriff deputies. Sheriff Harris reported he had taken a seat upon a statewide communication steering committee. He noted the committee wished to establish a statewide communication system. He stated that they had only met once and hoped to meet once a month. Commissioner Nannini introduced Gene Frank who was the new Chairman of the Jackpot Advisory Board. Gene Frank reported that 20 Iraq soldiers had already surrendered. He stated that he would encourage better communications between the Jackpot community and Elko County. APPROVAL OF PRECEDING MINUTES: The Board considered approval of the preceding minutes for the meetings held on March 5, 2003: Board of County Commissioners, Jackpot Town Board, Montello Town Board, and March 6, 2003: Board of County Commissioners, Board of County Highway Commissioners, and the Elko County Liquor Board. Commissioner Nannini moved to approve the preceding minutes for the meetings held on March 5, 2003: Board of County Commissioners, Jackpot Town Board, Montello Town Board, and March 6, 2003: Board of County Commissioners, Board of County Highway Commissioners, and the Elko County Liquor Board with Commissioner Eklund-Brown s corrections. Commissioner Myers PAGE 3

4 seconded the motion. The motion was passed unanimously. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: Commissioner Eklund-Brown stated she would be in Carson on Friday regarding the hearing on para-mutual racing. RESOLUTION IN SUPPORT OF THE PLEDGE OF ALLEGIANCE: The Board considered adoption of Resolution entitled: A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS SUPPORTING THE PLEDGE OF ALLEGIANCE AS CURRENTLY CONSTITUTED AND OPPOSING THE NEWDOW V. U.S. CONGRESS OPINION OF THE U.S. NINTH CIRCUIT COURT OF APPEALS. Commissioner Russell moved for approval. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Ellison read the Resolution into the record. He suggested a copy of this Resolution be sent to the other County Commissioners within the State of Nevada and encourage them to adopt a similar Resolution. Commissioner Nannini requested that in the future they include the Resolution Number within their motion due to legal concerns. Commissioner Russell amended his motion to include the Resolution No ( A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS SUPPORTING THE PLEDGE OF ALLEGIANCE AS CURRENTLY CONSTITUTED AND OPPOSING THE NEWDOW V. U.S. CONGRESS OPINION OF THE U.S. NINTH CIRCUIT COURT OF APPEALS). Commissioner Myers seconded the amendment. The motion was passed unanimously. BUREAU OF LAND MANAGEMENT: Joe Freeland, BLM Fire Management Officer, discussed the upcoming wildfire prevention efforts including green stripping projects. He noted the Presidential Fire Plan was approved under the Clinton Administration and carried forward under the Bush Administration. He stated that plan doubled and tripled the funding to help treat the wildfire fuels around the communities and to promote healthy range initiatives. Joe Freeland reported upon the vegetation treatment which was positive for the wildlife and noted that it reduced the intensity and speed of the fires. He stated that through the Wildland-Urban Fire Program grant funds went directly to the States and in some instances the Counties. Joe Freeland stated they worked in cooperation with the local Fire Chief, the Nevada Division of Forestry or the rural VFD chiefs upon the green strips. He stressed that they needed community support and design. He reviewed the upcoming schedule of public meetings specifically in the 10-mile area on the 24 th of March. Joe Freeland stated that the BLM would encourage comments from the local homeowners on how they would like to proceed. He stated that there was another project planned called Elko North. He stated they would hold a public meeting in two weeks upon the Elko North project. Joe Freeland PAGE 4

5 stated they were attempting to treat approximately 15,000 acres so they would combine range improvement and wildlife habitat treatment. They hoped that the combination of the treatments would gather more participation from the various groups. He reported upon the cooperation that they had received from PLUAC. Commissioner Ellison inquired about the Tuscarora green belt. Joe Freeland stated that it was completed but some of it had to be performed by hand. He stated within the next three to four years there would be a maintenance issue on those green strips located in Tuscarora and in Midas. Commissioner Nannini inquired about the holistic approach wherein they place more livestock on the land during the spring periods to keep the growth down. He stated if the grasses grow tall it created a fire hazard. Joe Freeland noted the previous commission supported that program. He stated that they looked at it within their land use management plan but the bulk of the fields was in the sage mixed with juniper. He stated that grazing could be used to reduce the other fuels. Grazing was in the land use plan as a tool for fuels management. He reported upon the working group participants which have held three meetings and who considered the utilization of grazing as a fuel management tool. He noted the Crescent Valley grazing project was planned over a short time period. Commissioner Nannini reviewed a similar program performed outside of Reno with sheep grazing that was very successful. Joe Freeland reported upon his discussion with Pete Paris, one of the operators, about utilization of sheep grazing. Commissioner Ellison noted he would attend the Las Vegas RAC meeting to be held on April 3 rd or 4 th. He stated that he would be in Washington on the 21 st to 23 rd with regards to grazing rights. Joe Freeland stated the land use plan amendment was in final draft and they had received comments from PLUAC. He encouraged them to submit their comments as soon as possible so they may be included within the plan. Clint Oke, BLM Assistant Fuel Manager of Renewable Resources, discussed grazing allotment issues inclusive of drought, insects and fire impacts. He noted the lack of precipitation in Elko County. He stated that they had met with more than 200 operators to discuss the current conditions for grazing. He stated there would be modifications to the grazing inclusive of a shorter period of grazing, cutting down numbers of livestock, such as the IL Ranch who had reduced down 500 head of livestock. He noted Jim Andrae had reported water situations. He reported that the TS Ranch had pulled some cattle in the allotments due to the grazing conditions. Clint Oke stated they would modify and make adjustments as the season went on. He reported that Battle Mountain and Winnemucca were bad areas this year. Commissioner Russell noted the newspaper article regarding seeding the clouds in Sierra Nevada which may be impacting Eastern Nevada and inquired if that was true. Clint Oke stated he did not know. There was a short discussion about the insects and grasshoppers in the upcoming season. Clint Oke reported that they were performing a field study and stated there were Mormon crickets hatching out. Commissioner Ellison requested that there be a meeting schedule to discuss further funding for this infestation. Clint Oke stated that from the vegetative stand point, they try to meet certain resource standards on the land and grazing was a use on that land. He stated that when PAGE 5

6 they look at fire, they have to assume that fire would happen. What was left after the fire was what they would have to work with. Clint Oke noted that Bob s flats had frequent fires over the past few years. He stated that if they provided for good management before the fires there would be releases and post grazing management of those areas, and then they get their resources back. He stated that if they wish to graze more heavily, this may reduce the grass species and shrubs they want there. Then, they would be left with noxious weeds. Commissioner Nannini inquired if that occurred when they did the short time grazing periods. Clint Oke replied no, and stressed that was time intensity grazing. He stated they had looked at utilizing electric fences to graze a green strip heavily. He noted that the operators were concerned with alterations to their operations. Clint Oke and Joe Freeland both noted if they grazed the green stripping the mobility of animals was the main concern. Clint Oke stated that the movement of a sufficient number of animals was a big concern. Commissioner Ellison supported grazing as a management tool. Commissioner Russell noted it sounded like the BLM was willing to meet with the operators. Clint Oke noted that they had an operator who grazed Bob s Flats and monitored the vegetation on a weekly basis. He stated that could not be applied to everybody because not everybody could operate like that. Clint Oke submitted and reviewed a map depicting the fire areas from last year. He stated those areas would be open up this year or next year and some may be later due to seeding. Clint Oke stated that a monitoring team reviewed the allotments and discussed the conditions with the operators. He stated that at one time there were 64 allotments affected by the fires but now there were only ten. Commissioner Nannini reviewed the Gamble Ranch discussion wherein there were allotments that no one had applied for the grazing. Clint Oke noted Mary s River land exchange had an area that was not being grazed. Commissioner Ellison noted there was a list. Clint Oke stated that people were looking to buy some allotments. Commissioner Eklund-Brown inquired if there was a set amount of time that they rest an allotment after a fire, drought, etc. Clint Oke stated in 1999 the BLM designated two growing seasons. However, now they established some scientific criteria and if they meet that criteria then the allotment would be opened. Commissioner Eklund-Brown inquired if the operator could participate with renewing of vegetation to the areas. Clint Oke stated they could perform several projects cooperatively to bring back the allotment criteria. He noted that after a fire they have to address renewing the vegetation. Clint Oke stated that now they not only have to address fire but also the drought and inspects. Commissioner Eklund-Brown inquired about insects that eat certain weeds. Clint Oke noted that there was biological control. Commissioner Russell liked the idea of some scientific criteria applied after fires and that smaller sections were utilized after a fire. Clint Oke noted if 20% of the allotment burned; they would try to place an electric fence in so the operator would not lose the entire allotment. Commissioner Eklund-Brown inquired about the percentage of an allotment to close the entire allotment. Clint Oke stated if there was something to put in place, or sometimes they utilized typography, fences and water to limit grazing in the allotment to the portion not affected by the fire. PAGE 6

7 WILDFIRE ADVISORY BOARD: The Board considered the appointment of two members to the Wildfire Advisory Board. Commissioner Ellison noted Fred Zaga had asked this agenda item to be tabled. Chairman Ellison called the Jackpot Town Board to order at 2:37 p.m., and the Montello Town Board to order at 2:40 p.m. WELLHEAD PROTECTION PROGRAM: The Board considered approval of the Wellhead Protection Grant applications for the Mountain City and Tuscarora water systems in the amounts of $29, each. Lynn Forsberg stated that Converse Consultants prepared the grant applications in the past with the understanding that they would perform the administration, etc. He noted that they had only received one grant for Jackpot. He reported that Lamoille had also received a grant for wellhead protection. He noted this grant was needed to be in place to comply with the different sections of the Clear Water Act. He stated they would do inkind services previously, and re-apply if this application was denied. He noted that Mountain City had a water user s association and had helped him to put in for the application. Commissioner Eklund-Brown inquired if there was a need for an RFP due to Converse Consultants preparing the applications. Kristin McQueary stated she did not have sufficient information on that. Commissioner Ellison inquired if this practice was followed previously. Lynn Forsberg noted they did have an RFP for this process previously. Commissioner Russell moved to accept for approval these grant applications, and then have the direction go to our attorney to come back and give us an opinion for reference so they are clear on the legal aspects because this has been a policy for the last two years that he had been here. Commissioner Nannini seconded the motion. The motion was passed unanimously. PILOT VALLEY - TECOMA TOWNSHIP FIRE STATION: Pursuant to Notice No , NOTICE TO CONTRACTORS - INVITATION TO BID - CONSTRUCTION OF THE PILOT VALLEY - TECOMA TOWNSHIPS FIRE STATION, bids were received by 2:00 P.M. and opened at 2:15 P.M. on March 13, Pursuant to bid review and tabulation results, consider awarding the bid to the lowest responsive/responsible bidder. J.D. Long reviewed the three bids received from: Michael Clay Construction $210,160.00; MGM 158,300.00; and Ormaza $169, He noted that all the bids were over budget by $8,300. Commissioner Ellison inquired if there would be cost over runs on the project. J.D. Long stated that they whittled this project down to bare bones and he did not see why they would have cost over runs on it. J.D. Long requested that the county fund the project in the amount of $8, to complete this project. Debbie Armuth stated they had $138, in contingency but they had taken out $100,000 to be applied for the ending funding balance. PAGE 7

8 Keven Hall, Division of Forestry, noted that they had come before the Board with a proposal for reimbursement of NDF monies to the Commission. He stated they would like to offer up those funds to finish this project. Commissioner Myers noted that amount was $27, but they had a list of seven items of which five of those issues were needed. Keven Hall stated they would give up those monies and look at their operating budget. Commissioner Myers suggested they look at that list because some of those items were really important. Commissioner Russell stressed that this fire station was needed, and they had reduced the scope of this project. Commissioner Myers believed that they needed $3200 from the county. Commissioner Myers moved to accept the bid from MGM in the amount $158, and the difference of the $8,300 that was missing from the budgeted items; that $5100 come from Northeastern Fire District Area from the reimbursement fund, and that the County of Elko round out the difference of $8300. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Ellison thanked J.D. Long for his help on this project. Commissioner Ellison called recess at 2:55 p.m., and reconvened the meeting at 3:00 p.m. ELKO COUNTY PLANNING & ZONING COMMISSION APPEAL HEARINGS: William L. Krohn Appeal Hearing: Pursuant to County Code (A), William L. Krohn appealed the February 20, 2003, action of the Elko County Planning Commission relating to development criteria associated with parcels and Pursuant to County Code (D) the Board of County Commissioners held an appeal hearing, and at the conclusion of the subject appeal hearing, the Board may sustain, modify or overrule the action of the Planning Commission in the matter, or may refer any such matter back to the Planning Commission for further proceedings, pursuant to County Code (E). Randy Brown submitted a letter containing information from a meeting he had held with William L. Krohn and Michael Shanks and read his letter into the record: Concerning the above referenced project, I have met with Mr. William Krohn and his design engineer, Mr. Mike Shanks, P.E. Mr. Krohn acquired parcels 1 and 3 along Coal Mine Canyon Road as shown on the Record of Survey for Elko County, filed in the Office of the Elko County Recorder as file No , both parcels formerly owned by Elko County. Mr. Krohn s subsequently applied for a zone change of Parcel 3 to Commercial 1 and a zone change and conditional use of Parcel 1. The applications for re-zoning of Agricultural-Residential to Commercial 1 and Commercial 2 zoning with the subsequent Conditional Use Permit were approved by the Elko County Planning Commission on February 21, All the applications were approved with development criteria and conditions as outlined in the staff findings report. At this point Mr. Krohn has complied with all the other requirements and conditions PAGE 8

9 of the Zone Change and Conditional Use permit during the design stage of this development. His primary concerns are the development of Coal Mine Canyon Road to the standard required by Elko County Code. The development criteria has been appealed by Mr. Krohn due to the extensive monetary burden that it will require. I am in agreement that should this development criteria by held to the current standard as per Elko County Code Mr. Krohn s project would not be feasible for him or a lender to develop. During our meeting we also discussed concerns that I had about the changes and possible increase s in both vehicular and pedestrian traffic flows along Coal Mine Canyon Road. Mr. Krohn and Mr. Shanks both agreed that some impact would be generated, by local traffic primarily, however, the project is being designed and developed primarily for the Local Use and is not intended to attract a great deal of Interstate 80 highway traffic. However, Mr. Krohn and Mr. Shanks agreed that due to the proximity of the Public School Bus Stop and Local Post Office Box facilities located on Parcel 2, pedestrian traffic increases will be generated. Therefore, pedestrian traffic ways must be designed and developed in the first phase. We also agreed that should this development cause an unexpected extensive impact to Coal Mine Canyon Road from Interstate 80 highway traffic the intersection and that portion of Coal Mine Canyon Road would require additional development to the standard prescribed by N.D.O.T., and Elko County and that Mr. Krohn would be required to participate in the development costs. Mr. Krohn and Mr. Shanks also discussed their opinions concerning Elko County s development of Coal Mine Canyon Road as being sub-standard to the requirements of Elko County Code. Mr. Krohn Stated that Coal Mine Canyon Road currently has traffic counts of approximately 700 to 1000 vehicles per day. At that count, Elko County would have required a private developer to provide a Residential Collector or Commercial Standard as per Elko County Code, the minimum standard required would have been a 44 foot wide paved surface to a 50 foot wide paved surface. However, Mr. Krohn is not overly concerned with this fact and is only attempting to develop this commercial project to standards and on a time frame that will permit development in a feasible manner. Mr. Krohn does accept the responsibility for providing the additional road and site development as it becomes required or necessary. In my professional opinion, the proposed Commercial development of this size and type will not impact the existing road to the point of requiring the full extent of the approved development criteria, at this specific time. I have enclosed a copy of Mr. Krohn s proposed development plan. You are also in receipt of the zoning change application and conditional use application, staff findings report and Planning Commission Minutes. The motions were made to approve the zone change and conditional use with all staff recommendations. Considering all the information that I have provided for you, and the opinions of this letter, I would respectfully request your permission for Ms. Kristin McQueary and myself to draft and implement a Development Agreement with Mr. Krohn, subject to final approval of the Elko County Road of Commissioners if you so choose. I would recommend that the Development Agreement meet the following criteria; PAGE 9

10 1) Develop a Maximum 10 year Development Plan. 2) Set Thresholds that will require additional road development. 3) Develop a routine traffic count plan for Coal Mine Canyon Road. 4) Review and audit the traffic counts and established thresholds every two years. 5) Review and audit the traffic counts and established thresholds for each new development. I am certain that working together with the District Attorney and the Developer we can implement a plan that will provide the Commercial development in a feasible manner that will also facilitate the intent of the Elko County Code as well as provide the beginnings of Retail Commercial infrastructure to the area of Ryndon and Coal Mine Canyon. I also believe that the success of this agreement will provide a boiler plate example for future development plans for proposed Commercial and industrial developments in Elko County. I look forward to developing and implementing this plan for the interest of the general public of Elko County and the developer as a method to help allure other commercial and industrial uses within Elko County. As always please feel free to contact me if you should have any further questions or if I may be of any further assistance. Commissioner Ellison inquired if Mr. Krohn had agreed to all these conditions. Randy Brown noted that Bill Krohn was present. Bill Krohn stated they had worked this all out and would have to work this out with the attorney. Commissioner Ellison stated they wished to entice business within the County. Commissioner Nannini moved to have Randy Brown work with William Krohn to develop this project. Commissioner Russell seconded the motion. George Best inquired of William Krohn what he would do with property adjacent to his or Tom O Donnell s property. William Krohn stated that would stay vacant. He did not have any plans for that property presently. He stated that he and Randy Brown had discussed this project and it was decided that the property would not be available for a 24 hour operation such as a restaurant or to become a truck stop. William Krohn stated he did not want to live next to a place with a diesel running all night and did not want to impact the neighbors with that. Randy Brown stated there were provisions that address businesses and residential areas and reviewed the requirements for a buffer zone. George Best inquired about the storage of fuel. He voiced concern that a leakage would contaminate their water wells. Commissioner Ellison noted that EPA placed strict restrictions upon the gas stations. He inquired about fire response to the location. Bill Krohn noted that there was a State requirement for fire water storage. Commissioner Nannini amended his motion to include the five recommendations by Randy Brown. Commissioner Russell seconded the amendment. Commissioner Eklund-Brown made the disclosure that Randy Brown was her husband and neither she, nor her husband had a pecuniary interest on this project. Therefore, she felt that she could vote on this matter. PAGE 10

11 Commissioner Myers clarified that this would include all the conditions and development agreement between the District Attorney, the Owners and Planning and Zoning. The motion was passed unanimously. ELKO COUNTY RIDERS AND RACING CLUB: Randy Brown requested the Board s authorization to seek a BLM Recreation for Public Purpose (RP&P) lease of Section 29, T34N, R55E for an outdoor bicycle and motorized recreational vehicle recreation site. Randy Brown noted he had been coordinating on this project with Brenda Mayo and commented about the letters of support for this project. He stated they proposed a long track, a short track, a super-cross track, flat/oral track, and an endurance loop. He reported this was a combined effort among various groups inclusive of Elko County Riders and Racing Club, the Snowgoers, etc. He stated that the property was located along Bullion Road. He noted the adjacent property owners for the record. He stated that the proposal included uses such as for a snowmobile grass drag track, the endurance loop, the motor cross long track, the BMX track, a pro track and a flat track which were not designed currently. He stated that the water for dust abatement and fire suppression would be from the affluent line running along the Bullion Road. He requested approval of the application for the BLM land. Commissioner Ellison inquired if this area was listed for BLM disposal. Randy Brown noted that the BLM had concerns with the current RP &P lease off of the Lamoille highway which was not meeting the BLM requirements. He had asked if their concern on that lease would affect this RP&P and received a reply of a no. Randy Brown stated there were problems with the race track off of the Lamoille Highway presently. Commissioner Myers noted there were residential areas on either side of the project on Bullion and asked if they were notified or if there was feed back from them. Randy Brown noted no public hearings had been held on this. He noted they had reduced the proposed length of the endurance loop due to the close proximity of the residential area. He stated that ridges excluded some residential from the area. Brenda Mayo, President of the Elko County Riders and Racing Club, stated she had spoken to several residences. She stated that they weren t really for it but they weren t against it either. They were unsure how it would affect them. Brenda Mayo noted the residents comments about the noise from the remote controlled (RC) planes. She stated that they would contact the remainder of the residents to get their input on the project. Commissioner Ellison inquired if Judge Crane s property abutted up against it. Randy Brown noted that it did in one area. He stated that he had concerns with access from Bullion Road. He stated this was a 10 to 20 year plan. He noted the Hamilton-Stage Road was being looked at for improvement. Randy Brown stated this was an opportunity to gain access from the west end of Elko from Highway 40. He noted that there was a bridge at the Bar L Ranch. Commissioner Nannini felt it was a great project and would accommodate a lot of folks but inquired about funding for this project. PAGE 11

12 Randy Brown noted Brenda Mayo had performed research for grants and stated several contractors had offered to donate in-kind services. He stated that the tracks were dirt tracks and the only change was the flat track. He noted that even the parking lots would be gravel. He felt that portion of Bullion Road and access would require funding. He stated they had the possibility of having a local track facility which could accommodate over 6000 people. He noted the economic impact to the community and the diversity it would provide. Commissioner Nannini believed that the neighbors may object due to the noise. Randy Brown noted that there were roads and trails leading up to the resident s back yards and the whole area was laced with dirt trails. He stated the short track would be the first phase. He voiced his concern with the grass track. Commissioner Ellison noted he had two concerns: the adjacent property, and the BLM disposal plan. He was concerned that they would start this project, tie up 350 acres for one little track and never finish the project. Randy Brown noted the BLM would take the old race track back if they provided a new updated plan. If they do not accommodate the plan, then the BLM could discontinue the lease. Randy Brown noted that a portion of Section 28 was disposed of and previously the BLM would not dispose of side by side sections of property. Brenda Mayo noted that the groups had staked out the big track already. She noted that people had rode the area and timed it. She stated they were awaiting for the approval to begin the development. Commissioner Ellison inquired if they were tied in with the Summit Raceway. Brenda May replied that presently there were no motorcycles allowed in the present area, because it was a car track only. Randy Brown stated that was where the contention was because it was originally proposed for motor cross. He stated they would have to come up with a new plan for the Summit Raceway. Commissioner Russell disclosed that he had attended the Planning Commission during this presentation. He commended Randy Brown publicly upon his efforts for this project. He was encouraged that a County employee responded to community needs and had assisted Brenda Mayo upon this project. He noted that they had a lot of employees throughout the County that do extra and went above and beyond their call of duties. He felt that the Board should appreciate this and felt they should move forward to accomplish this task. Commissioner Myers inquired if the subdivision below the proposed tracks was the same subdivision they were having problems with on the development on Hamilton Stage Road. Randy Brown did not believe there would be an issue with the same person. Brenda Mayo reported that they had applied for a special use permit to build a track for the Motorcycle Jamboree to be held on June 21 st and 22 nd in that area. Commissioner Myers inquired if Brenda Mayo had contacted anyone with the City about tapping into the affluent line. Brenda Mayo replied yes, and stated that the City told them the cost would be $4,000 for a fire hydrant. Commissioner Myers moved to seek a BLM Recreation for Public Purpose (RP&P) lease of Section 29, T34N, R55E, for outdoor PAGE 12

13 bicycle and motorized recreational vehicle use. Commissioner Nannini seconded the motion. Commissioner Ellison inquired about public notification and notification to adjacent property owners. Randy Brown stated they would be notified through the phasing plan and BLM would give a public notice. He stated they may have to drop the application if they received public disapproval. The motion was passed unanimously. Arthur J. and Corona R. Holling Appeal Hearing: Pursuant to County Code (A), Arthur J. and Corona R. Holling appealed the February 20, 2003, action of the Elko County Planning Commission relating to the approval of a special use permit for a church on parcel Pursuant to County Code (D) the Board of County Commissioners held an appeal hearing, and at the conclusion of the subject appeal hearing, may sustain, modify or overrule the action of the Planning Commission in the matter, or may refer any such matter back to the Planning Commission for further proceedings, pursuant to County Code (E). Randy Brown noted that the property owner had requested this be continued to the first of the month, due to a death in the family. Commissioner Myers moved to table the action of the Planning Commission on Arthur J. and Corona R. Holling s appeal. Commissioner Nannini seconded the motion. The motion was passed unanimously. The Elko County Highway Commissioners were called to order at 3:37 p.m., and adjourned at 3:53 p.m. FOURTH DISTRICT COURT I: The Board considered a request to fill the vacant Law Clerk position in the Fourth District Court I. The Vacancy Review Committee met with the Department in order to provide a recommendation to the Board on this position. Robert Stokes noted the Vacancy Review Committee had met with the Judge and discussed this position. Robert Stokes stated that the Vacancy Review Committee recommended filling the position. Commissioner Ellison inquired if it would be within the budget or exceed the budget for more experience. Robert Stokes stated that the Judge had discussed a person with more experience. Commissioner Myers had spoken to the Judge and he felt that he could not get a qualified person at the wage offered. Commissioner Ellison felt the biggest question was the funding. Robert Stokes felt that the Judge should address this later with the board. SPRING CREEK SPARTANS - 3A WRESTLING STATE CHAMPIONS CERTIFICATES OF ACHIEVEMENT: The Board presented the Certificates of Achievement to Brandon Barrett, Bryce PAGE 13

14 Saddoris and Jesse Dudley in recognition of being 3A Wrestling State Champions in their individual weight classes. Commissioner Myers moved to present Certificates of Achievement to Brandon Barrett, Bryce Saddoris, and Jesse Dudley in recognitions of being 3A Wrestling State Champions in their individual weight classes. Commissioner Nannini seconded the motion. The motion was passed unanimously. Commissioner Eklund-Brown noted that Brandon Barrett was a four-time State Champion, and this was his Senior year. FOURTH DISTRICT COURT I: The Board considered a request to fill the vacant Law Clerk position in the Fourth District Court I. Judge Memeo noted they had proceeded through the committee. Commissioner Ellison inquired if the position he wanted to fill would be within his budget. Judge Memeo stated it would be for this year and it was possible that the position may not be filled within this budget year due to the advertising, etc. He noted that next year it was a different budget. Commissioner Nannini moved to fill the vacant Law Clerk position in the Fourth District Court I. Commissioner Eklund-Brown seconded the motion for discussion. Commissioner Eklund-Brown noted that she and Commissioner Myers had reviewed Judge Memeo s budget and stated the Judge had made his court very efficient and cost effective. Commissioner Ellison voiced his concern with the budget. Judge Memeo noted that the salaries had decreased to where they were unworkable. He felt that next budget season he would have to ask for something more realistic because they have to go into the marketplace and hire people to do the job. He felt that it would require a certain amount of money to attract them to Elko County. Commissioner Ellison inquired about State funding assistance or if there were any matches for clerks. Judge Memeo reviewed the 4 D grant program that he had utilized. He stated Steve Wang was under that program and the County would be reimbursed through the grant system to subsidize Mr. Wang s salary. Judge Memeo stated that the 4D program was available for bailiff services, Court Clerk services, and administrative services, etc. The motion was passed unanimously. Commissioner Nannini noted the Vacancy Review Committee had approved the request. ELKO COUNTY HUMAN SERVICES DEPARTMENT: The Board considered a request to fill the vacant Human Services Assistant position in the Human Services Department. The Vacancy Review Committee met with the Department in order to provide a recommendation to the Board on this position. Robert Stokes noted they had received a letter from Jerilyn Underwood. Robert PAGE 14

15 Stokes stated that he, Caesar Salicchi and George Boucher sat on the review committee for this position. He noted this department addressed welfare functions of the County and in 1995 the responsibilities for the Personnel Department were put within this department. He stated before the combination in 1995 there was 2 ½ employees, a director, and a welfare specialists, and a part-time clerical position. Robert Stokes stated when the additional responsibilities of a Personnel Department were included they increase the parttime clerical to full time. He reported that later the payroll functions covered by two persons was reduced down to one person. He noted that a metamorphous had occurred within this department. He stated that the only increase in personnel was when they added the Personnel Department in 1995 and the part-time position was increased to full-time. He noted that they had discussed the personnel hearing records addressed by this department. Robert Stokes stated that there was an increase in welfare applications due to the nature of the economy. Robert Stokes stated that Jerilyn s first request was to have the position completely filled immediately. However, to help mitigate the cost of filling this position Jerilyn had offered to go with a part-time position through June 16 th. Robert Stokes stated that Jerilyn hoped that then the part-time person would become a full time position after the new budget. Commissioner Ellison noted that there would be a savings since they would hire someone at a lower salary. Commissioner Nannini moved to fill the vacant Human Service Assistant Position in the Human Services Department part-time until June 16th. Commissioner Myers seconded the motion. Commissioner Ellison requested that he clarify his motion. Commissioner Nannini clarified they would fill the position with part-time for 120 days until June 16th. Commissioner Russell commented that there may be economic impacts in the State of Nevada due to the war efforts. Robert Stokes stated that presently the part-time clerical rate was at $8.00 per hour and in order to acquire a more qualified individual it was recommended the hour rate be raised to $10.00 until the June 16 th date. Kristin McQueary stated that would have to be addressed on the next agenda. Jerilyn Underwood stated she understood Kristin McQueary s concern but she could not hire anyone without knowing the salary rate they could offer. Commissioner Nannini felt she should work it out with Robert Stokes. Kristin McQueary recommended that they review the old Resolution upon the parttime salary rate. Commissioner Ellison requested that the Resolution be upon the next agenda. The motion was passed unanimously. Jerilyn Underwood thanked the Board for their consideration. Commissioner Nannini inquired if they were giving consideration to people laid off. Jerilyn Underwood replied yes. ELKO COUNTY CODE: ELKO COUNTY ORDINANCE 2003-A: Pursuant to Notice No and N.R.S ,1, the Board conducted a Public Hearing to consider the possible adoption of Elko County Ordinance 2003-A, entitled, AN ORDINANCE AMENDING TITLE 11, CHAPTER 2, SECTION 4, SUBSECTION (D), PAGE 15

16 TO ALLOW INVESTMENT INCOME TO BE PLACED IN THE COUNTY GENERAL FUND, AND ALL OTHER MATTERS PROPERLY RELATED THERETO, that amended the Hospital Sales Proceeds Fund to allow investment income to be placed in the County General Fund. Commissioner Russell moved to adopt ELKO COUNTY ORDINANCE 2003-A: AN ORDINANCE AMENDING TITLE 11, CHAPTER 2, SECTION 4, SUBSECTION (D), TO ALLOW INVESTMENT INCOME TO BE PLACED IN THE COUNTY GENERAL FUND, AND ALL OTHER MATTERS PROPERLY RELATED THERETO. Commissioner Myers seconded the motion. Commissioner Eklund-Brown requested that Debbie Armuth clarify to the public what they were transferring. Debbie Armuth explained this would allow them to transfer the whole amount of interest income to the general fund. Commissioner Ellison inquired if there was public comment on this agenda item. No public comment was submitted. The motion was passed unanimously. OROVACA, INC. - SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT (SNPLMA) ROUND 4 APPLICATION: The Board considered a request from Orovaca Inc. for approval of the Rock Creek, SNPLMA Round 4, Land Acquisition Nomination Package. Robert Stokes noted Lori Gilbert had reported that none of the applications were approved in Elko County in Round 4. David Vandenberg stated there were no Elko County parcels accepted except for Greys Lake. He stated that there would be a 60-day comment period on that selection. He stated there would be another meeting held of the executive committee. He believed the final recommendations would come in an August time frame and the decision would be made in September by the Secretary of Interior. Commissioner Myers inquired if he knew why they elected not to take any Elko County parcels. David Vandenberg replied no, but the news release had stated they identified 40 million dollars worth of acquisitions. Robert Stokes noted that Grant Gerber submitted a copy of the list which was on the internet. He noted out of five applications, the one was granted to go forward. Commissioner Eklund-Brown noted it was one section which contained Greys Lake Commissioner Nannini inquired if there was a reason to go forward with this agenda item. Cheri Haggard, Orovaca presented a copy of their Southern Nevada Public Lands Management Act nomination package to the commission. She noted that PLUAC had recommendations which were included within the package. Commissioner Ellison inquired if they would go forward and attempt to get a different ruling on this. Cheri Haggard stated it was suggested to her that since they had come from Reno that she present their issues and noted their compliance with the recommendations from PLUAC and the Memo that was given to the County Commission after the 18 th PLUAC meeting. Cheri Haggard reported that Daniel May President of the Orovaca Corporation was unable to attend PAGE 16

17 today s meeting, and requested that she attend the meeting. She noted that the Rock Creek nomination package was submitted for nomination but it was not recommended within the 4 th round of nominations. She stated there seemed to be a mis-communication between the County Commissioners and Orovaca Inc., requiring clarification. The Commission meeting minutes of November 7 th which were included in her handout package stated that the Commission would refer the Rock Creek Round 4 Land Acquisition Nomination Package to PLUAC for recommendations. She noted on November 15 th a fax from Don Decker of PLUAC was sent to Denver stating that the Orovaca nomination request would be considered at the 7:00 p.m., PLUAC meeting scheduled on November 18 th. She stated that Daniel May did not receive the fax until November 18 th, the day of the meeting. Cheri Haggard stated that no request was ever specifically made for Orovaca to attend and give a presentation. Cheri Haggard stated that through Robert Stokes she did make sure that PLUAC had a copy of that package. She stated that Orovaca Inc., did acquire the approved minutes on November 20, 2002, available on the and learned that the Elko County Commissioners unanimously voted not to approve the request for this land acquisition. This information was also brought to the attention of Orovaca Inc., through the many articles obtained from the Elko Daily Free Press website. This was interpreted as finality to the situation. She stated that with this information in the hands of Orovaca, the Rock Creek nomination package was entered in the SNPLMA 4 th round call for nominations. Where applicable the Rock Creek nomination package responded to and complied with the PLUAC s memo of concerns. She reported that the PLUAC memo was included within the package contents and it was respectfully stated that the nomination package did not carry the approval of the local government. Cheri Haggard stated that Orovaca Inc., apologized for any action or for any lack of action that the County Commission feels was disrespectful or was a slap in the face as that was not their intent. She stated it was their intent to have the property appraised and sold at its highest value and for its best use and consideration of its greatest benefit to the public. She stated that at this time she would attempt to address any remaining issues that the County Commission may have pertaining to the Rock Creek nomination. Commissioner Ellison requested clarification today that Orovaca Inc., was asking that the Board vote whether they were in favor or in opposition so that Orovaca may go forward with their request for the public lands acquisition. Cheri Haggard stated that if she was given a positive feedback and approval from the commission she would imagine that she could enter it as public comment into the nomination package. Commissioner Eklund-Brown stated that she appreciated that Cheri Haggard was present. She noted that they spent 2 hours with the IL Ranch on their nomination package and had several questions she would like to ask about the Rock Creek nomination. She noted the fact that they did not appear at the PLUAC meeting and did not come back to the Commissioners. Therefore, it left them only one option. Commissioner Eklund-Brown noted that they did come to the Board before submitting their package and that was to their credit. Cheri Haggard noted that they were never asked personally to attend and that the Motion of the November 17 th meeting was for the Rock Creek nomination package to be referred to PLUAC and requested that PLUAC submit it back to the Board with their PAGE 17