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, July 7, 2010, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison Warren Russell County Manager Robert Stokes CFO/Asst. Mgr. Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Library Director Jeanette Hammons Planning & Zoning Dir. Randy Brown Road Supervisor Otis Tipton 1:30:20 PM Chairman Myers called the meeting to order at 1:30 p.m. Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance. 1:31:29 PM I. COMMENTS BY THE GENERAL PUBLIC: Commissioner Russell commented the Single Action Society event, the second annual Fort Halleck Days, would begin tomorrow morning at 8:00 a.m. He stated on Friday and Saturday they would hold their shooting matches. Commissioner Ellison reported upon the 4 th of July participation and presentations. He stated ABATE protected the fireworks the night before the show. Commissioner Myers gave an overview of the demonstration by the POW. PAGE 1

2 1:39:06 PM II. NEVADA STATE SENATE GOVERNMENT AFFAIRS COMMITTEE: Discussion and consideration of legislative issues and activities related to State and County government with Senator John Lee, Chair of the Nevada State Senate Government Affairs Committee. Senator John Lee, Chairman of the Nevada State Senate Government Affairs Committee, commented upon Elko County being self sufficient with its farming and ranching, mineral-rich, and having a tourism base. He noted the County s outdoor enthusiasts protect their access to public lands. Senator John Lee complimented the County on their youth programs and their schools. He commented the State had an approximate $3 billion dollar deficit but the Legislature did not want to raid the Counties resources. Commissioner Eklund- Brown stated the mining claim fee increase hurt the junior mining companies, the companies without production and without revenue other than investment. Senator Lee commented that Clark County would lay off 500 employees. He believed that County would be hesitant about hiring back full time employees and may use TEMP services. Senator Lee stated that UNR, UNLV and GBC had raised their fees but older people were going back to be retrained. Senator Lee spoke upon the costs for incarceration. He did not believe the State employees would be taking an additional furlough day. He stated during next session they would look at the 3% and the 8% property tax caps. He stated with the current market value they were looking to adjust to current property values because the services could not keep up with the current tax cap. Senator Lee commented Nevada had signed onto the national internet tax. He stated Southern Nevada had been consolidating their resources. Senator Lee spoke upon the Home Rule issues in relevance to the three tiered governments. He commented upon the growth within the State and the reapportionment/redistricting that would occur after the census. He said Nevada may have more electoral representation for national influence. Senator Lee gave an overview of the Government Affairs Committee duties specifically reviewing the bill drafts and NACO participation. He encouraged the northern and southern counties to reach out to each other. Senator Lee volunteered assistance with their bill drafts. Commissioner Ellison commented upon the County s good working rapport with the southern legislators and NACO. Commissioner Ellison voiced concern there was a petition being circulated for a State income tax. Senator John Lee reviewed the procedure to pass a law upon a petition with the voters approval. Commissioner Ellison commented that Senator Lee supported the Second Amendment Rights and the concealed weapon permit for all revolvers. Senator Lee noted that Assemblyman Settlemire was carrying the new gun bill during next legislative session. PAGE 2

3 Commissioner Dahl inquired about the process for redistricting. Senator Lee stated they had software that would help with the information gathering. He commented that the County could utilize the same software for their redistricting. Senator Russell inquired if it would be possible to contract with the State on the Nevada Highway Patrol services. Senator Lee requested Commissioner Russell to write a letter to him upon this item so that he may forward it to the NHP for inquiry. Commissioner Ellison commented upon the Ely area receiving NHP citations and questioned if waste of resource citations could still be issued. Commissioner Myers informed the Senator that the County would send a letter and sign an initiative to have the POW*MIA flag flown at all government buildings within the State of Nevada. Senator Lee suggested that letter be sent to the Governor s Office. 2:15:33 PM III. NEVADA DEPARTMENT OF TRANSPORTATION (NDOT): Statewide Transportation Improvement Program Annual Work Program Short and Long Range Elements for Elko County Presentation and discussion of the proposed NDOT Transportation System Projects (TSP) document and 2011 Annual Work Plan (AWP), followed by consideration of approval of the Project document, discussion of State Transportation Department issues. Susan Martinovich, NDOT Director, introduced Kevin Lee, District III Engineer; Michael Murphy, Assistant District III Engineer; Randy Hesterlee District III Traffic Engineer/Coordinator; Scott Rawlins, Deputy Director from Carson City; Jason Vanhavel, Assistant Chief of Transportation; Sandi Stanio and her assistant Terry Compton, of Program Development; and Luke Ingvodstad, who was a summer intern. Director Martinovich gave an overview on the American Recovery and Reinvestment Act projects. She stated 201 million dollars in ARRA funding was received in highway money and 40 million was received in transit money to be applied to 70 different projects statewide. She commented Elko County received over 8 million dollars in ARRA money for highway projects and 1.2 million in the transit funding. Director Martinovich reported that Nevada ranked fifth in the nation for its quality of roads and bridges. She stated they had developed a statewide strategic safety plan. She noted under their Traffic Incident Management Coalition they had a 5ll information system in southern and northern Nevada. Director Martinovich gave an overview of the upcoming projects inclusive of the project on Interstate 80 west of Osino to Halleck; the grade separation would be advertised in September and on US Highway 93 south of Halleck to Clover Valley there was a $15 million dollar project. She PAGE 3

4 stated there would be more chip seals/micro seals on SR 225, SR 228 and US Highway 93A. Director Martinovich stated the Spring Creek roundabout project had been awarded to Eagle Peak Rock and Paving. She said there were traffic control issues and traffic backup but they were working with the Nevada Highway Patrol to keep the traffic flowing. Director Martinovich stated that the NDOT Safe Routes to School group and the School District would provide training to the students on how to get through the roundabout. She reviewed the reason for the ARRA wildlife projects on US Highway 93. Director Martinovich stated additional proposed projects were the Carlin West Interchange, cold mill/overlay projects on Interstate 80, SR 225, and shoulder improvements. She commented that NDOT was looking at doing some maintenance work through privatization due to reduction in staff and the workload. Director Martinovich stated there would be a bridge retrofit on the Silver Zone Bridge. She stated they were working on a Passing Lane Program with a priority area on US Highway 93. She said they would work with the permittee on the access ingress/egress for the Bishop Creek Reservoir. Commissioner Eklund-Brown inquired about funding for the Carlin Interchange. Director Martinovich explained the STP federal funding category and noted there was a local match. Commissioner Eklund-Brown inquired about the railport frontage road transfer of ownership. Director Martinovich stated there were some environmental issues and it required SHPO approval. Commissioner Russell encouraged them to widen the shoulders on SR 227 from Spring Creek to Lamoille for safety of bicyclists. He requested them to consider putting in bike paths from the Horse Palace intersection to Lamoille when they have a construction project in the region. Director Martinovich stated they would review that because Economic Development or Safe Routes may have funding available. Commissioner Ellison inquired if the projects listed for 2011 to 2020 were already engineered. Director Martinovich stated most of those projects were in the process of design. She stated staff designed more projects than they had funding available. Commissioner Myers inquired when they would replace the concrete on I-80 before the Carlin tunnels and in the Winnemucca area. Director Martinovich stated NDOT was looking at concrete replacement. Commissioner Eklund-Brown inquired if the mines financially participated on the Newmont Mine road. Director Martinovich stated they talk to the mines and usually they participate because they were the cause of the use on the road. Commissioner Ellison stated Osino residents complained about noise and suggested a sound wall due to the trucks braking at the check station, and the shift work at the railport. Director Martinovich stated they would review that area. She stated that project may come under the Community Development Program. PAGE 4

5 MOTION: Commissioner Ellison moved to approve the NDOT 2011 Annual Work Plan. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. 2:50:54 PM IV. NEVADA ASSOCIATION OF COUNTIES: Discussion, consideration and update presentation regarding issues and activities of the Nevada Association of Counties. Wes Henderson, NACO Government Affairs Coordinator, gave an overview of their NACO representation through their various boards and commissions. He spoke about the formation of standing committees: Legislative Committee with Norman Frey as Chairman, and the Public Lands and Natural Resources Committee with Jerrie Tipton as Chairman. Wes Henderson commented upon their affiliation with the National Association of Counties and the Western Counties Alliance. He reported the National Association of Counties Annual Conference would be hosted by Washoe County on July 16 th through July 20, Wes Henderson believed the 2011 Nevada Legislative Session would address the $3 billion budget shortfall; sunsets on revenue generators enacted during the 2009 session; federal stimulus funding; and reapportionment. He stated NACO BDRs would be for protection of local government revenue; tax abatements; state rulemaking process; publishing requirements; and alternative funding for indigent defense. Wes Henderson noted Senate Bill 264 of the 2009 Legislative Session created two committees: the Legislative Commission Committee to study powers delegated to local governments and the interim Advisory Committee for Intergovernmental Relations (ACIR) which would expire on June 30, He reported the SB 264 recommended that two BDR s be submitted: 1) to formally establish the Nevada Commission for Intergovernmental Relations, and 2) to grant functional Home Rule to local governments. Wes Henderson reported upon their series of workshops held on RS 2477 Rights of Way; renewable energy development; Jobs, Jobs and More Jobs. He stated the next NACO workshop would be held on August 23 rd and asked for suggestions on the subject. Commissioner Dahl suggested the Travel Management Plans on the Forest be the subject for the upcoming workshop. He noted other counties wish to reopen their plans and Elko County s was still open. Wes Henderson stated during the last NACO Public Lands Committee it was voted to suggest a BDR that when it comes to Travel Management Plans the Forest Service and the BLM in their Resource Management Plans would have to consider the Counties Master Plans in making their decisions. Commissioner Dahl stated on July 16 th they were to meet in Reno to discuss the Travel Management Plans. Commissioner Myers inquired if the tax abatements he spoke of were through the Nevada Commission on Economic Development. PAGE 5

6 Wes Harden replied those abatements were through NCED and through the Energy Commissioner. Commissioner Myers commented upon the lack of Counties response on the tax abatements through the NCED. He inquired if NACO planned on holding an RS 2477 workshop in Elko. Wes Henderson stated the workshops were hosted in Carson City and were attended through video conferencing. He stated Elko was left out of the conference because of the lack of signals available. Robert Stokes commented he had sat at that conference in Carson City. Commissioner Myers commented upon the influence of Elko County on the sage grouse issue. Wes Henderson stated NACO was putting a stakeholder list together on the sage grouse issue to be sent to the Governor and requested their recommendations. Commissioner Eklund-Brown had spoken to Ken Brown of Western Counties Alliance and it was stressed to her that the County needed to get involved with the wild horse and burro issue. Commissioner Ellison suggested NACO take the lead on the issue. Wes Henderson stated NACO was drafting letters to the congressional delegation, Secretary Salazar and Director Abbey to encourage them to include a county elected official on the Wild Horse and Burro Advisory Board. Commissioner Eklund-Brown noted there was discussion of eliminating one of the livestock positions for a horse advocate position. Commissioner Ellison inquired if Secured Rural Schools would take a back seat such as Payment in Lieu of Taxes (PILT). Wes Henderson stated NACO would support keeping PILT on equal par with SRS. He believed PILT expired after fiscal year He stated the congressional delegation was working on reauthorizing PILT. 3:15:35 PM V. NEVADA HEALTH CENTERS, INC: Consideration of renewal of agreements with Nevada Health Centers, Inc. for the provision of Primary Care Services and Community Health Services on behalf of the County. Tom Chase, Chief Executive Officer for Nevada Health Centers, presented Gerald Ackerman, a former NHC board member, a recognition plaque. Tom Chase stated they have gone to 200,000 encounters over the last two years which was a 25% increase and over 70% of their encounters were uninsured. He stated the ARRA federal government allocation to them was approximately 1 million dollars due to the increase in demand for services which was the only operating money they received. Tom Chase reported they received 12 million dollars in ARRA funding statewide and their Capital Improvement Projects in Elko County was a new building for the Carlin Medical Center and air conditioning for the Elko Clinic. Tom Chase stated they would be establishing two new sites, one in Carson City and one in Clark County. He stated NHC had PAGE 6

7 33 centers in Nevada and in Elko County there were four locations: Elko, Carlin, Jackpot and West Wendover. Tom Chase reported the Elko medical and dental center saw 4,670 patients of whom 44% were children, 8% were seniors and 29% were Hispanic. He stated 33% of the patients were uninsured. Two-thirds of the patients on Medicaid were children and this year 20% of the NHC patients were on Medicaid. He reported they implemented an electronic medical record system in June of Commissioner Ellison inquired if Hispanic was part of the 33% uninsured and inquired if they knew the children s nationality. Tom Chase stated the children s nationalities were not in the report but he could supply them with that information. Commissioner Myers inquired if he knew how many patients were illegal aliens. Tom Chase replied that was not one of the reporting requirements at this time. He stated NHC would win with the health reform but there would be a requirement to service the folks that were not insured and they don t discriminate based on citizenship. He explained that the Medicaid Program requires you to be a citizen. Commissioner Myers noted an older gentleman complained of not being taken care of when illegal aliens were being treated. There was a discussion of service to Medicaid patients. Tom Chase stated that clinic was at capacity with only three providers. Commissioner Ellison stated Gerald Ackerman had helped address the issue of an elderly Veteran complaint of waiting for several hours to be seen. Tom Chase stated they were working on air conditioning and abatement of asbestos in the Elko Clinic but the issue was the lease. Robert Stokes noted NHC was looking at utilizing County funding with the ARRA monies on that project. Tom Chase reported the Health Care Bill would dedicate 11.5 billion dollars for the next five years to expand access for Community Health Centers and there were only two in the State of Nevada. He stated the funding would be rolled into grant funding to help the centers become more stable, would expand capacity grants and for new access points without health centers. Robert Stokes had spoken to Assemblyman Carpenter who supported this program. MOTION: Commissioner Ellison moved to renew the agreements with Nevada Health Centers, Inc. for Primary Care Services and Community Health Services. Commissioner Dahl seconded the motion. The motion was passed unanimously. Tom Chase stated Assemblyman Carpenter was nominated to replace Gerald Ackerman upon their Board. 3:41:31 PM Recess was called by Chairman Myers. 3:54:08 PM The meeting was reconvened by Chairman Myers. VI. BOARD OF COUNTY HIGHWAY COMMISSIONERS: 3:54:26 PM Highway Chairman Russell called the meeting to order. PAGE 7

8 A. Comments by the General Public: No public comments submitted. B. Wheel Loader Boom Flail Mower: Discussion and consideration of authorization to purchase a Demo Unit Wheel Loader Boom Flail Mower in accordance with NRS Otis Tipton explained the mower would be used on trees and willows within the road rights of way. Commissioner Russell inquired if the item was budgeted. Otis Tipton stated it was budgeted for FY He stated this self contained unit would hook upon the loader they already have. Commissioner Eklund-Brown inquired if there was a warranty. Otis Tipton replied there was a full warranty for one year. Commissioner Dahl inquired about its location. Otis Tipton stated it was coming from Sioux Falls, South Dakota. MOTION: Commissioner Myers moved to authorize the purchase price of $39,000 for the Demo Unit Wheel Loader Boom Flail Mower. Commissioner Ellison seconded the motion. Commissioner Russell inquired about the freight charges. Otis Tipton stated when he presented a PO they would give him the exact freight charges. Commissioner Myers moved not to exceed the established budget for this item. Commissioner Ellison seconded the amendment. The motion was passed unanimously. 3:59:37 PM Chairman Russell adjourned the Highway Board. 3:59:49 PM Chairman Myers reconvened the County Commission meeting. VII. ELKO COUNTY PLANNING AND ZONING: Parcel Map Requirement Wavier Request: Discussion and consideration of a parcel map requirement waiver request by Rabe Trust (Lee Livestock Ranch). Randy Brown reported they wish to split thousands of acres into seven parcels. He stated this would fit under the NRS agricultural exemption so he supported the parcel map requirement waiver. He would request them to prepare a Record of Survey. Randy Brown had spoken to the applicant and they would offer the roadways for dedication to the County. He stated that could not be done by Record of Survey but they could do it by a legal document. Commissioner Eklund-Brown noted seven parcels normally would be considered a subdivision. Randy Brown stated this fit under agriculture exemption and the parcels were not contiguous. He noted they could do it under a series of parcel maps. Randy Brown commented the requirement for the roads was still under the Nevada Revised Statutes. MOTION: Commissioner Dahl moved to approve the parcel map requirement waiver request by Rabe Trust (Lee Livestock Ranch). PAGE 8

9 Commissioner Eklund-Brown disclosed that Randy Brown was her husband but neither of them had any pecuniary interest. Commissioner Ellison seconded the motion. Commissioner Ellison inquired if Commissioner Dahl s motion included the requirement of a Record of Survey. Commissioner Dahl amended his motion to include a Record of Survey. Commissioner Ellison seconded the amendment. The motion passed unanimously. VIII. COMMISSION AND COMMITTEE REPORTS: Commissioner Ellison: Nevada Association of Counties (NACO) Board He noted there was a conference in Reno on July 16 th through July 21, National Association of Counties (NACo) Representative He stated the Nevada Association of Counties conference would be held in conjunction with the National Association of Counties conference. Elko Senior Activity Programs Board Liaison He stated they need help with the Senior Ball to serve and to take tickets. Insect Abatement He voiced concerned with the abatement. Recreation Board He attended the last meeting which had a light agenda. Western Counties Alliance He stated the meeting on July 8 th was cancelled. He noted the WCA would be present at the Reno NACO meeting. Commissioner Russell: Highway Board Chair He stated they discussed the traffic flow through the Spring Creek roundabout and traffic going through private property and public utility corridors. He stated the private property owners would post no trespassing signs. Museum Board He stated on Saturday nights they would be showing classic films on the lawn. Spring Creek Association Liaison He stated their biggest issue was with the roundabout. USFS Travel Management Review Subcommittee They were looking forward to meetings to approve the mediator. Budget Committee He stated they did housekeeping through s. Natural Resource Committee Liaison He stated they were dealing with a whole range of subject areas with the BLM and the Forest Service. Nevadaworks He stated they approved the budget and discussed a multiple year budget because a need may arise. Commissioner Ellison inquired how the SNWA would be affected by the Supreme Court s ruling on filing protests. Commissioner Dahl stated the protest PAGE 9

10 area would be reopened. Commissioner Ellison understood Northern Nevada fed the aquifer in White Pine County and inquired if Elko County should file a protest. Commissioner Eklund-Brown noted there was some interconnectivity with Snake, Spring Valley and Steptoe. Commissioner Russell noted they would have to define the impact to Elko County. Commissioner Eklund-Brown understood the lawsuit did not address the other applications that had gone past a year, were protested but were approved. Commissioner Dahl: Commission Vice-Chair Elko County Conservation Districts Liaison He had asked them to participate in the Travel Management alternative formed by the County. Juvenile Department Liaison / China Spring Advisory Committee - He would attend the meeting scheduled in Carson City. Metropolis Irrigation Restoration Project He and Randy Brown met with Bryan Fuell and Ken Miller of the BLM this morning and spoke upon the financial problems to pay for the EIS. He stated there was funding for the construction and hoped the BLM would give them a categorical exclusion to put the dam in the present footprint. He stated they were reassessing the project. Natural Resource Committee Liaison (Alternate) He asked Robert Stokes to agenda the Tomera Ranch allotment closure for discussion and commented upon the fire fuel loading. Commissioner Ellison asked for Dean Heller s representative to be invited to that meeting. Commissioner Russell noted that was on the Natural Resources Advisory Committee agenda so they would send their recommendations to the Commission. Commissioner Dahl stressed the immediate concern was the fire season. Robert Stokes would put it on the first meeting in August. Commissioner Myers: Nevada Commission on Economic Development He stated there were no applications submitted so there was no meeting in June. Nevada Division of Wildlife Liaison He reported Clark County filed a lawsuit against the Wildlife Advisory Commission Chair for use of Heritage Funds that were earmarked for predator control rather than utilizing their own funding. He noted there were three Open Meeting Law complaints made against the Commission as well. Nevada Division of Forestry Liaison He stated the Commission had not received any information upon the fires from last week. He requested the County Manager to speak to Mike Rector over the information protocol. Sheriff Department Liaison Robert Stokes had forwarded information on the tanker which overturned on US Highway 93 outside of Wells. PAGE 10

11 Commissioner Myers voiced concern with treatment of illegal aliens through Nevada Health Centers being paid by the County taxpayers. He requested Robert Stokes to inquire about their tracking process. The Board discussed the Social Security System. Commissioner Eklund-Brown: City of Carlin/Towns of Mt. City, Midas, Jarbidge & Tuscarora Community Liaison She reported the Tuscarora Tavern was not completed. She suggested that if there was funding remaining after the restroom installation they could utilize that to finish the door frame and fill in the stucco gaps. Humboldt River Basin Water Authority She stated a meeting was scheduled on the 16 th of July in Winnemucca. Mining Sustainability She stated there would be a meeting tomorrow at 2:00 p.m. BLM Liaison, BLM RAC & REC-RAC She stated Robert Stokes would schedule another meeting. California Trails Center Board Liaison; RMP & EIS Liaison She would apply to be on their advisory board. ECCWMA - Noxious Weed Liaison She stated the Tuscarora project was on hold and inquired if they could utilize the $2,500 County Funds instead of NDF grant funding for the white top project. Hospital Board She stated the Hospital Board meeting was tonight. 4:37:44 PM IX. COMMISSION MEETING CALENDAR: July 21, :00 a.m. Midas, Tuscarora, Mountain City August 4 & 5, :30 p.m. Elko Nannini Admin Bldg, Suite 102 August 18, :30 a.m. Jarbidge & Jackpot All Times Pacific Time MOTION: Commissioner Ellison moved to approve the Commission Meeting Calendar. Commissioner Russell seconded the motion. The motion was passed unanimously. 4:39:54 PM X. CONSENT AGENDA: A. Presentation and review of claims for approval B. Approval of minutes: June 9, 2010 June 10, 2010 June 14, 2010 MOTION: Commissioner Russell moved to approve the Consent Agenda with corrections to the minutes submitted by Commissioner PAGE 11

12 4:40:26 PM XI. Eklund-Brown. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Myers stated the POW*MIA requested the County Commission to send a letter supporting POW*MIA flag being flown over all governmental buildings belonging to the State when the American Flag was flown. Commissioner Myers asked if Commissioner Ellison had to resign the day after the election. Robert Stokes stated that the County Clerk confirmed that he would take office in January. Commissioner Myers requested the Commission to look at their boards and turn some of those over to members of the public to reduce the workload on the Commissioners. Commissioner Ellison stated he and Commissioner Russell attended a meeting with the Sheriffs and Chiefs Association. He stated there was a bill being introduced on automatic handguns to be given the same privilege as the revolvers when applying for a concealed weapon permit. Commissioner Eklund-Brown commented the lawsuit between Fronteer and the Big Spring Ranch was settled. XII. ADJOURNMENT: MOTION: Commissioners Dahl moved to adjourn the meeting. Commissioner Russell seconded the motion. Commissioner Eklund-Brown abstained. The motion passed by majority vote. There being no further business to come before the Board, the meeting was adjourned. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk CHARLIE MYERS, Chair PAGE 12

13 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. JULY 8, 2010 The Board of Elko County Commissioners met in regular session on Thursday, July 8, 2010, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison Warren Russell County Manager Robert Stokes CFO/Asst. Mgr. Cash Minor Deputy District Attorney Kristin McQueary County Clerk Win Smith Deputy County Clerk Marilyn Tipton Library Director Jeanette Hammons Juvenile Detention Dir. Pat Plaster 1:32:18 PM Chairman Myers called the meeting to order at 1:32 p.m. Commissioners Myers and Dahl led the meeting participants in the Pledge of Allegiance. 1:33:24 PM I. COMMENTS BY THE GENERAL PUBLIC: Commissioner Ellison presented the ABATE representative, John Bland, with a Certificate of Appreciation for their contribution to the 4 th of July event. 1:36:27 PM III. CERTIFICATES OF APPRECIATION: Discussion and consideration of approval of a Certificate of Appreciation to Barrick Gold of North America, Inc. for their annual sponsorship of the Elko- Lander-Eureka County Library Summer Reading Program for 10 years. JULY 8, 2010 PAGE 1

14 MOTION: Commissioner Eklund-Brown moved to approve the Certificate of Appreciation to Barrick Gold of North America, Inc. Commissioner Ellison seconded the motion. The motion passed unanimously. Jeanette Hammons reported that since the summer of 2000 over 5,000 have participated in the Summer Reading Program at the Elko Headquarters Branch. She noted that Barrick Gold had supported the program for eleven years for the entire library system. Lou Schack accepted the Certification of Appreciation on behalf of Barrick Gold of North American, Inc. The Commission acknowledged Barrick Gold s ongoing contributions to the community. 1:43:09 PM IV. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: A. Discussion and consideration of the reappointment of Lora Minter for another term on the Elko County Library Board of Trustees. MOTION: Commissioner Eklund-Brown moved to reappoint Lora Minter to another term on the Elko County Library Board of Trustees. Commissioners Ellison and Dahl seconded the motion. The motion passed unanimously. 1:49:44 PM Commissioner Russell arrived at the meeting. B. Report and review of Board of Trustees activities and minutes including issues related to the continuing operation of the Elko County Library. Jeanette Hammons reported that 283,535 people visited the library branches from July 1, 2009 and June 30, She gave an overview of the library materials available to the public, their retail value, and the circulation statistics on those materials. Jeanette Hammons reviewed the multiple programs offered to the community inclusive of the bookmobile services during the 30 stops. She gave an overview of the internet services provided to the patrons. Commissioner Eklund-Brown inquired about the meetings held in the meeting room. Mildred Hart replied it was utilized by non-profit groups such as the Alzheimer Groups, Job Connect, etc. She reported the for-profit groups paid rental for the meeting room. Jeanette Hammons reviewed the services, equipment and materials not purchased or funded by Elko County in the amount of $216, Commissioners Eklund-Brown and Ellison inquired about the security software. Jeanette Hammons and Laura Oki gave an overview of their computer security systems. Jeanette Hammons reported the Library consortium was awarded a stimulus funding grant which Elko County would receive $35,143 and they would purchase laptop computers and desktop computers. Jeanette Hammons stated the library was preparing for a reading/photo contest starting in JULY 8, 2010 PAGE 2

15 August. Commissioner Russell commented upon the accessibility of the public meeting room. 2:09:30 PM II. GENERAL ELECTION ADVISORY QUESTION: Discussion and consideration of the advisory question wording for the General Election Ballot regarding Legislative action that may negatively affect local government revenues or require expenditures without adequate funding. County Clerk Win Smith has formed Pro and Con committees to review the wording for the statements to be attached to the advisory question on the General Election Ballot. Win Smith stated the two committees met this morning on the ballot question. She noted that Cash Minor provided information on the financial impact to the County from the previous state unfunded mandates. Win Smith complimented the members of the two committees. MOTION: Commissioner Ellison moved to accept the general advisory question. Commissioners Russell and Dahl seconded the motion. The motion passed unanimously. 2:12:53 PM V. ELKO COUNTY JUVENILE DETENTION PROGRAM: Discussion and consideration of authorization for the Department of Education agreement to continue the National School Breakfast and Lunch Program. Pat Plaster reviewed the application process and reported they had recaptured $11, this year. They had utilized that funding in the past to replace tile in the dining room, purchase a refrigerator, and purchase a stove. Commissioner Myers commented upon their recent remodeling project. MOTION: Commissioner Ellison moved to approve the agreement to continue the National School Breakfast and Lunch Program with the Department of Education. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. Pat Plaster commented that CASA utilized the library s meeting room. 2:15:47 PM VI. BUREAU OF LAND MANAGEMENT: Agnico-Eagle (USA) Ltd. West Pequop Mining Exploration Project: Discussion and consideration of comments regarding the Agnico-Eagle (USA) Ltd. West Pequop Mining Exploration Project Amendment that will amend the Plan of Operations adding 300 acres of new activity for mining exploration. Comment deadline is July 16, Commissioner Eklund-Brown stated the expansion of their project requires full reclamation. She requested that if the County roads were disturbed then they be returned to their original condition. Commissioner Eklund-Brown disclosed JULY 8, 2010 PAGE 3

16 that she had no knowledge of who the drilling company was. Commissioner Dahl inquired where their headquarters were. Gregg Loptien, Senior Geologist for Agnico-Eagle USA Ltd., and Project Manager at the West Pequop Joint Venture LLC., replied Toronto, Canada. They have local headquarters in Reno. He gave a historical overview of the Canadian Company which had been in business for 52 years. He reported they had put five mines in production in three different countries in less than three years. Greg Loptien reported they had actively performed exploration in the Pequops since They have operated under the old plan of operations permitted in 1999 and there would be a total of 400 acres of disturbance under this extension. Commissioner Eklund-Brown informed him of the mining sustainability group and encouraged them to join. Commissioner Dahl inquired how the increase of mining claim fees had impacted them. Greg Loptien commented it was a large financial impact. Commissioner Dahl inquired if there was a tax reduction to headquarter in Canada. Commissioner Eklund-Brown noted most of those mines pay taxes both in Canada and America. Gregg Loptien stated that Vancouver Stock Exchange was the major venture capital mechanism for a lot of the companies looking for metals. Grant Gerber noted because of the Canadian Stock Exchange those Canadian companies had to be yearly audited. MOTION: Commissioner Eklund-Brown moved to send a letter of support for the Agnico-Eagle USA LTD., West Pequop Mining Exploration Project Amendment. Commissioner Ellison seconded the motion. The motion passed unanimously. Commissioner Dahl inquired if there was any conflict with the private property owner in Independence Valley. Gregg Loptien commented they had upgraded the road and reduced the traffic speed for their employees and distributors so there were fewer problems with the local residents. Commissioner Dahl stated he had received a call about a locked gate at Warm Springs and inquired if they had access problems. Gregg Loptien stated it was a private road with a BLM designation. He said a portion of the EA required them to survey the fence boundary of the Independence Valley Ranch Pequop Conservancy. He stated all the gates there were locked but that did not hinder their access or public access. He noted they have a common boundary with Fronteer and they were coordinating with the BLM to address the same issues, deer migration, etc. Commissioner Eklund-Brown encouraged the Commission to request cooperating agency status with the BLM. 2:40:18 PM VII. U.S. FOREST SERVICE: HUMBOLDT-TOIYABE NATIONAL FOREST: A. Rattlesnake Canyon Headcut Stabilization Project: JULY 8, 2010 PAGE 4

17 Discussion and consideration of comments related to the Rattlesnake Canyon Headcut Stabilization Project that will stabilize three headcuts on Rattlesnake Canyon Creek upstream of its crossing with Forest Road #067. Comment deadline is July 12, Doug Clarke, of the Forest Service, stated they have received only a few comments upon the project. He noted the Natural Advisory Management Resource Committee received a presentation on the project and they gave their support. Commissioner Eklund-Brown inquired about road closures. Doug Clarke stated there may be a short term road closure while they were taking the undersized culvert out at the end of hunting season. Commissioner Eklund- Brown requested public notification of future road closures. MOTION: Commissioner Eklund-Brown moved to send a letter of support on the Rattlesnake Canyon Headcut Stabilization Project with the recommendation of notification to the public upon the road closures. Commissioner Ellison seconded the motion. The motion passed unanimously. 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. Doug Clarke, of the Forest Service, acknowledged the comment period had been extended to December 17, so they look forward to continual dialog, going out in the field, and meeting with the citizens to identify roads. He noted the media stated the County was moving ahead with citizen groups to identify roads and come up with an alternative and the Forest Service viewed that as a good step forward. Commissioner Russell understood the Forest Service was concerned with shed hunters and the grid pattern damage on the land. He inquired if the grid pattern could be seen within one year s time after the antler hunters left the region. Doug Clarke commented that mule deer and elk have traditional winter and summer areas and there was concern with the number of antler hunters on the ground would cause more disturbances to the animals and the campers would tear up the roads. Commissioner Russell inquired if they anticipated more damage in the spring. Doug Clarke stated use of ATVs off road have a greater potential for damage in the spring. Commissioner Russell asked if there was no grid pattern would there not be the same environmental damage. Doug Clarke stated they suggested shed hunting be limited in the proposed action because even in the fall there was concern about potential damage. Commissioner Russell inquired about the damage during the hunting season. Doug Clarke stated there was concern with fire danger with the off roaders in JULY 8, 2010 PAGE 5

18 August and September. Commissioner Dahl inquired if Doug Clarke drove different places on the weekend than when he was at work. Doug Clarke stated sometimes he went out on the ATV on the weekends to look at the area by himself or he just went out to recreate. Commissioner Dahl inquired if any of the places he went to would become closed areas. Doug Clarke replied approximately 10% would be closed and those were short spurs. He did not hunt but he did hike, fish, photograph and camp. Doug Clark stated when he gets older and can no longer go out he was willing to sit in his rocking chair knowing the land was being protected for the next generation. He stated they were hearing from both sides and hope they can continue those discussions. Commissioner Dahl asked Doug Clarke if he felt it should be the Forest Service position that if someone was not strong enough or young enough, or capable enough to go walk out there to retrieve their animal then they should not be allowed to do it and stay in their rocking chair. Doug Clarke stated he would stay in his rocking chair but did not want to say others had to. He thought their proposed action was that. Commissioner Eklund-Brown noted that alternative 2 did not have game retrieval but alternative 4 did have it. Doug Clarke stated all four alternatives were on the table with the exception of the no action. Doug Clarke reported on July 7 th the Secretary of Agriculture released a nationwide report on the national visitor usage. He stated they were using the National Visitor Use Monitoring Results and the National Summary Report for data collected FY 2005 through FY 2009 in their draft EIS. Commissioner Myers inquired how they collected the information. Doug Clarke stated it was on surveys randomly taken through different National Forests over the five year period. He stated the last survey taken on the Humboldt-Toiyabe National Forest was on September Commissioner Russell noted one of the issues was with dispersed camping and he believed the intensity of use in a limited area would be more excessive than having camping dispersed throughout the forest. Doug Clarke stated majority of the camping sites that were being used were being left open so they were not concentrating the camping to a degree that the impacts would be worse that they were today. He noted the Travel Management Plan can be updated annually. Commissioner Russell questioned whether the Forest Service would make changes to the Plan once there was a decision. Commissioner Ellison commented upon 87% of the state being federally managed and the private property being burned due to the Forest Service and BLM wildfires. He noted Congress kept dedicating more Wilderness and they continued to make more roadless areas in the West. Randy Brown reported the Natural Resource Management Advisory Committee was advertising for group members to sit on the technical group and JULY 8, 2010 PAGE 6

19 the road identification group. He had reviewed the Travel Management Plans in fourteen states and felt the Forest Service had cut and pasted the plans together. Randy Brown stated the plans were not based on sound science because sound science cannot be applied nationwide and the culture in the individual regions had not been considered. Randy Brown noted the plans do not want the people off the roads and no game retrieval so it was believed to be a form of prohibition for cheap management. He suggested they go through Congress to change the makeup of the Forest Service because so many of the national forests access was being eliminated through preservation and conservation. Randy Brown stated anything in the EA and EIS was based upon speculation because there was no evaluation done on off roading. Grant Gerber noted Doug Clarke mentioned shed antlers being there for hundreds of years but when Peter Ogden came in they hunted beaver and never saw a deer. He commented that elk were planted in the state so there were no elk antlers previously. He felt similar false facts presented by the Forest Service and the BLM kept surfacing in their plans. Grant Gerber stated in his opinion there was no environmental degradation done. He noted the Blue Ribbon Coalition and ranchers have been doing research on degradation and found that knocking the decadent sage brush down similar to cattle knocking it down builds the soil. Grant Gerber stated if the ground became sterile and there was nothing cutting the ground then it would become hardpan. He believed ATVs spread the seeds and open the trails for wildlife and cattle. He did not believe the Forest Service and the BLM when they talk about degradation and need to protect they had any basis in fact. He stated they were looking at the Travel Management Plan for over eighteen months and he had not seen an area on the ground where the Forest Service could show there had been damage. He had gone on the field trips and they showed an area they would close the road but two out of the three Forest Service personnel had not even been in the area before. Commissioner Dahl stated the BLM showed pictures of damage along the fence line and the riparian areas on the Tomera allotment but a year later they could not tell there was any use in the allotment along the fence line or the riparian areas. Commissioner Dahl felt the federal agencies should be required to verify the environmental damage. Grant Gerber was frustrated because the agency personnel say the same thing over and over but can t show on the ground where there had been damage. Commissioner Ellison noted after the closure of South Canyon they walked up the road with Forest Service personnel because they claimed damage from a truck. He noted the Forest Service personnel were concerned with a rock that had been pulled out of a hole in the road. Grant Gerber noted there were no sheep in the Ruby Mountains because they claimed the sheep crossed the trails and knocked down the rocks. He stated they were going to require the Sorensens to provide a man to clean JULY 8, 2010 PAGE 7

20 the trails but the Sorensens decided to remove their sheep. Grant Gerber noted the forest would be easier to manage with no one using the ground. Commissioner Russell commented upon scarification of the ground in the past by buffalo and presently by the ATV. Commissioner Eklund-Brown noted the Commission had requested an extension to substantiate the facts. Commissioner Ellison thanked the Forest Service for the extension. 3:21:44 PM VIII. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. Commissioner Dahl noted they had previously discussed the issue. 3:22:45 PM IX. METROPOLIS IRRIGATION RESTORATION PROJECT: Discussion and consideration of an update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility on the Bishop Creek Reservoir. Commissioner Dahl stated they met with the BLM and they were now looking at other avenues regarding the EIS. 3:22:53 PM X. ELKO COUNTY NATURAL RESOURCES ADVISORY COMMISSION: Discussion, consideration and update on issues reviewed by the Elko County Natural Resources Advisory Commission. Randy Brown reported upon the meeting held on the 30 th of June. He stated the NRMAC would submit a letter to the County Commission recommending them to request the BLM to open the grazing district to the Tomeras prior to November 30, Robert Stokes stated this issue would be upon the first meeting in August. Commissioner Dahl requested that the Tomeras and the BLM be present at that meeting. Randy Brown stated that Ted Wilton would be drafting a letter from NRMAC regarding the mining claim fees. He commented that Ted Wilton was speaking about taking this issue to the legislature. Commissioner Eklund-Brown noted Ted Wilton was forming a group. Randy Brown said NRMAC discussed Senate Bill 787, the National Monument, NDOW tags issued, and the Travel Management Plan. Commissioner Dahl noted that alternative 4 had game retrieval. Randy Brown stated the Forest Service s preferred alternative did not have game retrieval but in other forests there was game retrieval for elk. He reported upon the amount of tags issued in Arizona which were comparable to the number of deer tags being issued in Nevada and felt deer retrieval should be JULY 8, 2010 PAGE 8

21 allowed. Randy Brown commented that a lot of the Travel Management Plans were being appealed and southern Arizona had not started their plans. 3:29:58 PM XI. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Kristin McQueary stated they had received a scheduling order on the Jarbidge case which would take them into next year with the discovery and the briefing. She commented that Steven Carroll had filed an Open Meeting Law complaint against the Montello Advisory Board. COMMENTS BY THE GENERAL PUBLIC: Grant Gerber stated with regards to the Forest Service versus John Carpenter lawsuit the case was continuing. He commented that the District Attorney was coordinating with them. XI. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Eklund-Brown had received an from someone living on Indian Hills complaining that everyone was using that road. Commissioner Russell responded that in the past the County Commission had instructed the Road Department to do a one time grading on different locations but they were not under continual maintenance. Commissioner Myers noted he had a request to look at the road. Commissioner Ellison inquired about striping on NDF trucks. Commissioner Myers stated there had been no further comments received and NDF was going forward with the directions from the County Commission. Commissioner Russell was lobbied on the phone for an off ramp at White Rock. Robert Stokes stated Gary Zunino was retiring from the Fire Science Academy Director position because of his thirty years in the state system. They went through the candidate interview process and there was a background check to be performed on the selected candidate. Robert Stokes noted the Board discussed the road situation in Ruby Industrial Park yesterday and apparently a person was injured on a four wheeler while trying to stop traffic. Robert Stokes stated the private property owner had put up a sign and now there were big propane tanks blocking that roadway. Robert Stokes clarified it was not a road; it was a utility easement and the County had no authority over it. He reported there was more traffic upon Lower Lamoille Road due to the construction of the roundabout. 3:42:33 PM XII. 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. JULY 8, 2010 PAGE 9