STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. NOVEMBER 20, 2002

Transcription

1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in regular session on November 20, 2002, at 1:30 p.m., in the Carlin Senior Center, at 718 Cedar Street, in Carlin, Nevada There were present: County Commissioners Brad Roberts, Chair Nolan Lloyd Mike Nannini Warren Russell John Ellison County Manager Robert Stokes Deputy District Attorney Kay Macuil Deputy County Clerk Marilyn Tipton Community Dev. Dir Charles Voos Road Supervisor Otis Tipton Planning and Zoning Randy Brown --- The following proceedings were held: Commissioner Roberts called the regular meeting to order at 1:30 p.m. CARLIN SENIOR CENTER: Commissioner Roberts noted that they were meeting in the Carlin Senior Center and stated that it had a warmer atmosphere than the Courtroom. Commissioner Nannini stated that they had been served a great meal. PLEDGE OF ALLEGIANCE: Commissioner Roberts lead the meeting participants in the Pledge of Allegiance. APPROVAL OF PRECEDING MINUTES: The Board considered approval of the minutes for the preceding meetings held on November 6, 2002: Board of County Commissioners, Jackpot Town Board, and the Jarbidge Town Board; and meetings held on November 7, 2002: Board of County Commissioners, Board of County Highway Commissioners, and the Elko County Liquor Board. MOTION: Commissioner Ellison moved to approve the preceding minutes for the meetings held on November 6, 2002: Board of County Commissioners, Jackpot Town Board, and the Jarbidge Town Board; and meetings held on November 7, 2002: Board of County Commissioners, Board of County Highway Commissioners, and the Elko County Liquor Board. Commissioner Nannini seconded the motion. The motion was passed unanimously. PAGE 1

2 COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: Commissioner Lloyd acknowledged that they had received documentation that the air shed was approved for the power plant. Commissioner Lloyd stated he had read about the tire plant in Wells, but he saw they were having EPA permitting problems. Commissioner Ellison suggested that it be an agenda item. Commissioner Russell noted that Lee Krugerud had stated that they were negotiating with contractors for the development of the power plant and the power line. Commissioner Nannini noted that the power plant personnel had met with all the utilities. They had met with Wells Rural Electric yesterday and was to meet with Sierra Pacific today. Commissioner Russell noted that they anticipated the power plant to employ 20 employees when operational. They believed it would take up to two years to construct the power plant pipeline which would employ approximately 200 employees. Commissioner Nannini noted that the construction period would aid the County. Commissioner Lloyd stated that the lead going in would take approximately 300 to 400 people. Commissioner Ellison requested that Newmont give an information presentation at the next meeting. Commissioner Lloyd stated that BLM was to remove 1200 horses from one of their allotments. Commissioner Roberts noted that the rancher estimated approximately 2000 head of horses needed to be removed from that allotment. He stated that the allotment management area only had an allocation for 231 head of horses. CITY OF CARLIN: Bill Kohbarger, City Manager, reported the water line was complete to the Fire Academy. He believed that it would be completed by the end of the week. He stated that the Honor Camp was presently cleaning up the old dump site which was now the Nevada Gold Mining Interpretive site. He reported they would remove 65 cars. He stated that rest room facilities would be available due to grant funding. He stated they would be putting in trails and interpretive panels would be installed along the property together with boulders donated by the mine. They hope to build the facility within 3 or 4 years with grant funding. Commissioner Ellison inquired about the Chinese garden. Bill Kohbarger reported that the moss was removed from the pond. He stated that public works had cleaned the area. Commissioner Ellison noted that Cherie Aiazzi had expended a lot of time upon this project. Commissioner Roberts noted that the contractor was past the date of completion for the Fire Academy water line, and inquired about the penalty clause. Bill Kohbarger reported that the penalty clause came in effect about the 16 th of October and the project ran over 16 days at $ per day. Bill Kohbarger stated that the Contractor had submitted a letter, after the fact, asking for an extension. He had consulted with Tom Ballew on this project and it was his recommendation to the City Council to deny the PAGE 2

3 extension because it was the construction crew s fault that they went over the deadline. Cherie Aiazzi reported that they had received the Notice to Proceed from the CDBG program upon the Carlin Seniors Center. However, they were awaiting for approval from the USDA who also had to sign off. She stated that Tom Ballew would have a survey crew up there. She stated they hoped to put out a contract to bid around the December 1 st. Cherie Aiazzi that their first draw had to be completed by the 31 st of March for CDB&G. Bill Kohbarger stated he was asked by Commissioner Ellison three weeks ago why he was not invited to the ground breaking for the center. He stated that Cherie Aiazzi had contacted the Manager s Office and left a message. Cherie Aiazzi believed she had spoken to Michele about the date and time for the ground breaking. Commissioner Ellison wanted them to know that the whole board would have liked to show their support for this project. Bill Kohbarger recognized the extra support received from Commissioner Ellison and Commissioner Nannini upon the project. He stated that by next year they hoped to have a new Senior Center. UNR FIRE SCIENCE ACADEMY: Denice Baclawski gave an updated report on the progress regarding the UNR Fire Science Academy. She thanked the Board, and the Cities of Carlin and Elko for their support and direction they had given the academy. She noted they would share the success they were having. She reported that they had a business plan in place. They anticipated that 2700 students would be trained. She stated that since May they had trained about 1000 emergency responders so far. She stated that they had booked approximately 1000 already. She stated they had approximately 50% of enrollment already booked and their revenue and expenses were in line. She stated they won t make money this year but they would not be losing money either. Denice Baclowski stated they had trained students from 16 different states and 12 countries, and they should be seeing a beneficial financial impact from the students in the communities. She noted that previous clients were re-booking rather than going to other academies. They had been obtaining new clients. She noted they were featured in a Fox news segment. She reported that recently they were filmed by National Geographic but it had not been aired. However, it would be utilized as fill-in material. She stated that Public Broadcasting out of Florida did a series upon the academy. She stated that John Tyson of Channel 8 News of Reno did a two part segment. She reported they had hired 32 full time staff of which 29 were stationed at the academy. Commissioner Nannini inquired about expansion of their programs such as for airplane fires. Denice Baclawski stated they would have to develop new plans for additional revenue sources. She stated they had segmented there plan. They had a start up period and phase 2 would address additional revenue sources. She believed that it was first important to get water, hire staff, and re-establish themselves in the market. She stated that they have a 30 year history of providing that training and wished to retain their clients. Denice Baclawski stated there were close to receiving the Certificate of Occupancy upon their new water treatment plant. They were completing their water line and were completing their recruitment campaign. She stated they were looking PAGE 3

4 at off-site consulting services. She stated that a lot of clients did not want to come to this location. She stated they were considering the development of an additional program. She noted that they were well known for their aircraft fire fighting. She stated that they would like to service the A thru C rated airports with their eventual goal to service A thru E rated airports. She stated there was approximately 1600 firefighters that fall within that category. Commissioner Ellison noted that he had viewed a night burn. Denice Baclawski stated that certain classes offer the night burns. She stated that the companies chose the classes. Denice Baclawski noted that during the winter it was more difficult to create a night burn due to the freezing weather. Commissioner Ellison inquired about HAZMAT training. Denice Baclawski replied there were 4 or 5 classes offered. She stated the emphasis now was upon the chemical and biological aspects. Denice Baclawski commented upon the well qualified, trained staff. She commended Bill Kohbarger for their support. Commissioner Russell noted he had spoken to wives wherein their husbands were attending the training. He inquired if they were providing any additional material to the wives about the community to occupy them while their spouses were training. Commissioner Russell noted that during the NACO convention in Tahoe several of the wives were going to gift shops in Tahoe. Denice Baclawski replied that they had been coordinating with the Chamber of Commerce, and encouraged the spouses to accompany the spouses to Elko. Denice Baclawski noted that her relocation to Reno was questioned. She felt that previously they were pulled away from the fire academy yet they were required to meet the management requirements and the maintenance standards. She stated when they rehired staff, they reorganized and she hired four assistance directors; one director for each of the main operating areas. She stated that the operating decisions were made by the 4 assistant directors. She traveled to the academy every two weeks for a couple of days. Commissioner Roberts inquired if the academy was doing any departure surveys upon the individual s spending within the community and extra curricular activities they had participated in. Denice Baclawski stated that they inquired about where they were staying, how they arrived here, did they bring a spouse, and what other activities they participated in. Commissioner Roberts stated they would get a better idea of the economic impact to the community through those surveys. Chairman Roberts called the Montello Town Board to order at 1:53 p.m. and the Jackpot Town Board to order at 2:11 p.m. Commissioner Roberts called the Mountain City Town Board to order at 2:15 p.m. and reconvened the regular meeting at 2:17 p.m. TUSCARORA WATER DISTRICT: Charles Voos gave an operational report on the water system inclusive of the status of the electrical line extension to the well site. He stated that the power line was up and they were ready to hook up. Commissioner Nannini inquired if Charles Voos had corrected the problem with the contractor over the burial of that line. Charles Voos replied in the affirmative and stated a letter had been sent to GSL, the contractor, who would rectify that. PAGE 4

5 He stated they had no response received yet. Robert Stokes clarified that they were granted an underground burial from the BLM and they would send a letter relinquishing that right of way. TUSCARORA COMMUNITY: No other Tuscarora community matters of interest were reported. MIDAS WATER DISTRICT: Charles Voos reported that Lynn Forsberg wished to inform them that Midas Water users had signed a contract for the well in the area. He stated that Elko County would sign upon that contract under the CDBG funding requirements. MIDAS COMMUNITY: No other Midas area matters came before the Board of County Commissioners for action. ELKO COUNTY DISTRICT ATTORNEY S OFFICE: State of Nevada V. Smith Properties Delinquent Tax Case, APN , APN A2: Kay Macuil discussed the case status of the Smith Properties bankruptcy proceedings and property. She had spoken with Gary Woodbury this morning and he reported that there had been a Complaint filed in Court to re-determine the taxes. The District Attorney s Office had filed a Motion to Dismiss and the District Attorney would also file a Motion to Abstain from re-determining taxes at this time. Kay Macuil stated the Judge ruled on October 21st that Elko County be paid 75% of the delinquent taxes for which amounted to $326, She stated that amount would come from the nonrefundable bond. She reported that Gary Woodbury stated the Gaming Control Regulation issue had been resolved. Kay Macuil stated that they anticipated the $326,000 would be paid within 15 to 20 days. She stated that the property owners were in a bind because they cannot subdivide or sell any of the property because Elko County Code did not permit them to subdivide the property if there was delinquent taxes. The Board inquired if they had the power to waive the taxes. Randy Brown stated that was not a courtesy allowed by Statute, and the County could not waive that. He stated that he had discussed this with the surveyor and the engineer. Randy Brown informed them that the taxes had to be paid for the fiscal year together with all back taxes. Kay Macuil stated that was duplicated in the County Code and the Treasurer could not sign off upon the subdivision without the taxes being paid. Commissioner Roberts believed of the $326,000, the School District would receive approximately $170,000. The remainder would be split between West Wendover and Elko County. Kay Macuil stated that she understood the $326,000 was 75% of the delinquent taxes for fiscal year. Commissioner Roberts stated that the County portion would be distributed between the departments based upon the budget; together with the PAGE 5

6 museum portion. Commissioner Lloyd inquired about payment of the taxes prior to Commissioner Roberts noted that was what they were arguing in Court. Commissioner Nannini stated that the owners want it to be re-appraised. AT&T v. State of Nevada, Elko County, et al.: The Board considered approval of the proposed settlement agreement in said case. Kay Macuil stated she did not have any new information. Commissioner Roberts suggested that it be tabled until Bret Colvet, the insurance pool attorney, contacted them. MOTION: Commissioner Russell moved to table. Commissioner Lloyd seconded the motion. The motion was passed unanimously. ELKO COUNTY COMMUNITY DEVELOPMENT: Disposal of County Property on Coal Mine Canyon Road: The Board considered approval of the public auction of County Property through the approval of Resolution , entitled: Chairman Roberts read Resolution No into the written record. MOTION: Commissioner Lloyd moved to approve Resolution No entitled: A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS, IN ACCORDANCE WITH NRS , ALLOWING THE SALE OF CERTAIN PUBLIC REAL PROPERTY AT PUBLIC AUCTION. Commissioner Ellison seconded the motion. The motion was passed unanimously. OROVACA, INC - SNPLMA NOMINATION REQUEST: The Board discussed a request from Orovaca Inc. for approval of the Rock Creek, Round 4, Land Acquisition Nomination Package, Southern Nevada Public Land Management Act (SNPLMA) inclusive of a recommendation from PLUAC. Commissioner Nannini noted the contents of the newspaper article. Commissioner Roberts stated that PLUAC had made their recommendation and they had eleven questions which they would like to have answered. He stated that no one was present at the PLUAC meeting to represent the BLM or Orovaca Inc., to answer the committee s questions. Commissioner Roberts noted that it was odd the appraisal was $ to $ per acre. He had spoken with Joe Aguirre regarding the tax rate which was established by the State Department of Taxation. The total appraised value for that property would be $10, which would give a value of $75.00 to per acre. He stated that Joe Aguirre had spoken to Walt Leberski who thought $75.00 to $ was a reasonable amount. The question came up where the $ appraised value come from for that property. Commissioner Roberts noted there was a question as to whether any private landowner contacted prior to the sale. Commissioner Roberts stated other issues was that Senator Ensign questioned whether the Southern Lands Management Act was to address land located outside the County of Clark. He stated that Senator Ensign had requested that no property be purchased outside of Clark County until such time all property was evaluated in Clark County. He stated that within the most recent publication PAGE 6

7 of Public Lands News, a group had asked the Justice Department to look into the appraisals that the BLM was performing because they felt that the appraisals were being tweaked. Commissioner Lloyd stated he had spoken to Helen Hankins who did not believe that this sale would fly because they do not want to spend money on it. Commissioner Russell stated that his concern was when they first looked at this he recognized there was possible mineral assets in this property. He inquired if there was a clear evaluation of the potential economic impact on Elko County for the trade of this property. He questioned if the property being traded would be removed which might have mineral exploration and mining opportunities. He felt the trade would be for property with minimum mineral opportunities. He suggested that there be a mineral study performed. Commissioner Russell noted that no one considered mineral potential upon that property. Commissioner Lloyd stated that it was pointed out in an observation that Orovaca promised to purchase 7,000 acres but the County did not have a guarantee of that. Commissioner Roberts noted they had not seen anything in writing. Commissioner Lloyd stated that there was endangered species and cautioned the County about giving up ground due to endangered species. He read PLUAC s recommendation that unless these issues were adequately addressed during the Board s meeting on November 18 th ; PLUAC suggested that this land sale not be approved until these issues were addressed. Commissioner Roberts noted that there was a silver mine close to that property which was established in the 1980's. He believed that there was a high mineral potential. MOTION: Commissioner Lloyd moved that they do not approve the request for this land acquisition. Commissioner Russell seconded the motion. Commissioner Nannini stated that if this land was being used to help the mining industry, then they should come to the Board to discuss this. He stated that they should know one way or another why they were requesting this. Commissioner Nannini noted that sometimes they needed to block up some grounds in order to trade for other grounds but they should let the Board know. Commissioner Roberts stated that was why he was curious why the land was not being offered to the neighbors. Randy Brown stated that he had received a telephone call yesterday from an irrate young women representing Orovaca. She assured him that someone from Orovaca would be present today representing them. She told him on the phone that they did not have a clue what they were talking about; that they had not done their research. Randy Brown requested that she attend the meeting and explain to them what they had done wrong. Sheri Eklund Brown noted that they were discussing this agenda item earlier than what time was reflected upon the agenda. Commissioner Ellison reiterated that there was mining claims near this property. He felt that they should deny it, then if the mines come before them with additional information they could re-address it. Commissioner Roberts stated that if Orovaca showed up later during this meeting, then they could re-address it. The motion was passed unanimously. Chairman Roberts called the Highway Department to order at 2:39 p.m. and reconvened the regular meeting to order at 2:54 p.m. PAGE 7

8 Commissioner Roberts called a recess at 2:54 p.m. and reconvened the meeting at 3:00 p.m. ELKO COUNTY COMMUNITY DEVELOPMENT: Parcel Map Appeal by Sierra Pacific Power Company: Pursuant to Notice No , the Board conducted an appeal hearing of the Planning and Zoning Department Parcel Map Application regarding Parcel # , a parcel of land located in Section 33 and 34, T. 43 N., R. 54 E., M.D.B. & M., County of Elko, Nevada containing acres. The Appeal Hearing determination by the Board shall be pursuant to the provisions set forth in County Code, 5-2-9(E). Randy Brown, Planning and Zoning Director, reviewed the parcel map and the existing lease by Sierra Pacific for a small area of land for their tower. He stated that Sierra Pacific requested authorization to purchase an acre of land for their towers and operating equipment. He stated that the Elko County Code required that a public access be provided to prevent the land from becoming landlocked. Randy Brown stated they wished to appeal that portion of the code because they did not want public access to that site. He stated that Sierra Pacific would make a private easement on this portion of the road. He noted that reclamation was being performed in that area and they did not want public access to the area. He stated that they did not want to improve the road because that would invite public access into that reclamation area. Commissioner Lloyd inquired if Anglo Gold had a problem with this. Randy Brown replied that Anglo did not object to that. Randy Brown recommended that they approve this appeal. MOTION: Commissioner Nannini moved to approve Notice No (Parcel Map appeal by Sierra Pacific Power Company). Commissioner Russell seconded the motion. Commissioner Ellison inquired of Randy Brown could put in a provision in the Code for situations similar to this. Randy Brown stated if they put in a provision, the people may abuse it. He stated that the according to NRS the County was responsible to prevent landlocked parcels. He believed that they should review this upon a case by case basis and let the Commission make a decision. Kay Macuil, Deputy District Attorney, requested that their Motion incorporate Randy Brown s reasons to accept this since it was contrary to the Elko County Code. Commissioner Nannini amended his motion to incorporate Randy Brown s comments into the motion. Commissioner Roberts clarified that the Motion was to provide an exemption as Sierra Pacific were the sole users of the property; there was no need for the existence of public access and in fact, public access was being discouraged at this time, and the road requirements. Commissioner Nannini stated yes. (The Motion was to provide an exemption as that they were the sole users of the property; there was no need for the existence of public access and in fact, public access was being discouraged at this time, and the road PAGE 8

9 requirements). Commissioner Russell seconded the motion. The motion was passed unanimously. The Board acknowledged the presence of Mr. Struble at the meeting. COUNTY MANAGER AND COMPTROLLER OFFICES: Chief Financial Officer/Comptroller: Approval of Claims: The Board considered approval of the submitted claims. MOTION: Commissioner Nannini moved to approve the submitted claims. Commissioner Ellison seconded the motion. The motion was passed unanimously. Approval of Travel Requests: The Board considered approval of pending travel requests. MOTION: Commissioner Russell moved to approve the pending travel requests. Commissioner Lloyd seconded the motion. The motion was passed unanimously. City of Elko RTC Bond: The Board discussed approval of refinancing of the City of Elko RTC Bond. Robert Stokes stated that Cash Minor had submitted a Memo upon this issue. He pointed out this had come to the Board because they were the trustees of the funds and the City of Elko was aware of this. He stated that this had to be completed by December 15 th. He reported that there would be a cost savings of approximately $115, in interest. He recommended that they approve the re-financing. MOTION: Commissioner Lloyd moved to approve the refinancing of the City of Elko RTC Bond. Commissioner Ellison seconded the motion. The motion was passed unanimously. Town Advisory Boards and Commission Appointments: The Board discussed the appointments of Town Advisory Boards and other upcoming Commission appointments. Robert Stokes noted the list of expiration dates for advisory board members and stated that he would request letters of intent to be submitted. He stated the appointments would be placed upon the January 6, 2003, organizational meeting agenda. He was informed verbally that the representative to SLUPAC may be resigning. Robert Stokes stated that once they received a letter of resignation the County Commission should submit three nominations to the Governor. The Governor would then select one of the candidates to fill the vacancy. He stated that according to the Statutes the Board was required to appoint a County Health Officer after every general election. He stated that this would be placed on the December 4 th meeting agenda. He reported that the County Health Officer should be appointed every two years. He stated the position should be advertised and it would be brought back upon the December 18 th meeting. He stated that the County Sheriff PAGE 9

10 brought this to his attention. Commissioner Roberts inquired what the Health Officer s duties were. Commissioner Roberts noted that they assisted with the deaths and death certificates. Commissioner Lloyd inquired if that position was currently held by Dr. Hogle. Robert Stokes stated that was correct but there were others interested. He noted that the position paid $ per month. He suggested that they advertise this position. Commissioner Nannini inquired if the advisory boards were currently filled. Robert Stokes noted that the Planning Commission had one member absent. He stated that the position had been advertised twice. Randy Brown stated that he had talked to Norm Mahlberg and tried to convince him to come back to the board. He reported that the representative from Carlin was going to resign and they would have to fill that vacancy also. Commissioner Russell inquired why they had 7 members on the Planning Commission instead of 5 members. Randy Brown stated they tried to represent all the communities. He stated that there was also a vacancy upon the PLUAC board. Other County Manager/Comptroller matters for reporting, or designation to be on a subsequent agenda for official action. Robert Stokes stated for informational purposes there was a budget work session scheduled at 1:00 p.m., tomorrow afternoon. Robert Stokes stated that they may have to address a maintenance cost with regards to the courthouse heating system. He stated that Ron Eastwood found problems with the heating system. He noted that the heating system served both buildings and the quotes for repairs were $2,000 to $3,000. He hoped that would be absorbed in Ron s budget. Commissioner Roberts noted that previously they had a line item for emergency repairs. Commissioner Ellison inquired about funding for the insect infestation. Robert Stokes noted there was questions upon the payments of the infestation. He stated that Cash Minor was concerned because Senator Dean Rhoads received information that the State may not be happy. They would have the State review the invoices. He had asked Cash Minor to get verbal confirmation from the State. Commissioner Ellison noted that people had expended funding expecting reimbursement from the State. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Russell noted that Bill Van Bruggen had arrived at the meeting. MOTION: Commissioner Lloyd moved to adjourn the meeting. Commissioner Nannini seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned until December 4, ATTEST: APPROVED, BRAD ROBERTS, Chair PAGE 10

11 MARILYN TIPTON, Deputy Clerk PAGE 11