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 on Thursday, June 4, 2009 at 2:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Sheri Eklund-Brown, Chair Demar Dahl John Ellison Charlie Myers Warren Russell County Manager Robert Stokes CFO/Asst. Manager Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Sheriff Dale Lotspeich Deputy Sheriff Don Unruh Planning and Zoning Randy Brown Chairman Eklund-Brown called the meeting to order at 2:30 p.m. Commissioner Dahl led the meeting participants in the Pledge of Allegiance. I. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted from the general public. II. LS POWER: Update on the Great Basin Transmission ongoing project, and discussion and consideration of Resolution No. 08-2009 supporting the Great Basin Transmission, LLC/LS Power SWIP North project that runs through Elko County and all other matters related, thereto. PAGE 1
Nadza Jusufovic, Great Basin Transmission, Project Engineer for the LS Power Development, stated the SWIP segment of the project from Clark County to White Pine County had their major permits approved. The SWIP segment north 275 miles from White Pine County to Jerome County, Idaho would include 140 miles through Elko County and bring many benefits through associated property tax and indirect benefits such as sales of local goods during construction. She noted the SWIP southern segment was the most advanced high voltage transmission project in the region which would facilitate development of renewable generation projects. She stated they would be able to tap into other zones. Nadza Jusufovic requested that they adopt Resolution No. 8-2009. MOTION: Commissioner Ellison moved to adopt RESOLUTION NO. 08-2009 SUPPORTING THE GREAT BASIN TRANSMISSION, LLC/LS POWER SWIP NORTH PROJECT. Commissioner Dahl seconded the motion. Commissioner Dahl inquired how difficult it would be for wind generation projects to hook up to those lines. Nadza Jusufovic replied it was a matter of economics and the location of those projects. Commissioner Eklund-Brown understood the distance may be borne by the energy provider. Nadza Jusufovic stated there were no physical restraints to tie into a line. Commissioner Ellison felt they needed to keep the power grids within their own boundaries of the United States. Commissioner Eklund-Brown spoke upon the benefit of this project to Nevada through the consolidation of the North and South and the availability to tie in renewable resources into the lines. The motion passed unanimously. Nadza Jusufovic stated they were preparing to file with the Public Utilities Commission in Nevada. She inquired if Elko County would be interested in submitting testimony to the PUC. Commissioner Russell volunteered to testify before the Commission. Nadza Jusufovic stated there was a likelihood of having a public hearing of which she would provide more details. Nadza Jusufovic noted they had postponed the construction of the coal-fired plant due to the current economy and until the technology caught up with the environmental standards. Commissioner Eklund-Brown asked about the coal/gas powered technology and inquired who was driving that technology. Nadza Jusufovic stated they have a renewable division within their company and were looking for other innovative approaches to use new technologies. Commissioner Dahl inquired if there was a discussion about the water rights they had acquired in Steptoe Valley. He inquired if they would part with their water rights. Nadza Jusufovic replied she was not familiar with that aspect. Commissioner Eklund-Brown believed the City of Ely was providing them the water rights. She noted Sierra Pacific had bought some ranches. Commissioner Dahl commented the last farm they bought was PAGE 2
bordering the County line. Commissioner Eklund-Brown asked what the status was on the water rights associated with the coal-fired plant. Donna Bath replied that White Pine County had 26,000 acre feet of permitted water rights in Steptoe Valley specific to power generation. She stated approximately two years ago White Pine County entered into an interlocal agreement with LS Power to use the 26,000 acre feet of water. She noted LS determined they would use less water so they entered into a sub agreement with NV Energy for approximately 8,000 acre feet of water. She commented that LS Power agreed to work with White Pine County to prove up beneficial use for that water. Commissioner Dahl inquired who held the property in Steptoe Valley. Donna Bath stated the water rights came out of the basin but the beneficial use would have to be proved up in Steptoe Valley. She noted the water rights were still in White Pine County s name. Donna Bath stated NV Energy had purchased an additional 8,000 acre feet of water when they purchased the ranches but that was separate from the 26,000 acre feet of that which White Pine County owns. She noted NV Energy was still irrigating the fields. IV. COUNTY FISCAL AFFAIRS: Discussion and consideration of the approval of the Elko County Law Enforcement Management Association Labor Agreement for a three year period of July 1, 2008 to June 30, 2011 and all other matters related, thereto. Robert Stokes stated this was for the Lieutenants and in line with the Agreement approved for the Sheriff s Deputies. Staff recommended approval. MOTION: Commissioner Ellison moved to approve the Elko County Law Enforcement Management Association Labor Agreement for July 1, 2008 to June 30, 2011. Commissioner Russell seconded the motion. The motion passed unanimously. V. COMMISSION MEETING CALENDAR: June 17, 2009 -- 1:30 p.m. Elko Courthouse July 8 & 9, 2009 -- 1:30 p.m. Elko Courthouse July 22, 2009 -- 7:00 a.m. Midas, Tuscarora and Mountain City All Times Pacific Time Commissioner Ellison asked that they reschedule the 8 th and 9 th of July meeting date to July 1, 2009. Kristin McQueary had her secretary call the attorneys for the individual parties in the Planning and Zoning hearing. The next best time for them was August 5, 2009. Robert Stokes suggested that they start earlier if they were to have a one day meeting. He reminded them that RTC was in PAGE 3
the morning and suggested they begin at 11:00 a.m. for the Commission meeting if additional time was needed. MOTION: Commissioner Ellison moved to approve the Commission Meeting Calendar with July 8 th and 9 th being considered and moved to July 1 st for a one day meeting. Commissioner Dahl seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: A. Presentation and review of claims for approval B. Approval of Minutes: April 15, 2009: 1. Board of County Commissioners 2. Liquor Board MOTION: Commissioner Ellison moved for approval of the Consent Agenda with corrections submitted by Commissioner Eklund-Brown. Commissioner Dahl seconded the motion. The motion passed unanimously. III. ELKO COUNTY ADVISORY BOARD TO MANAGE WILDLIFE: Pursuant to NRS 241.030 and NRS 241.033, a disciplinary hearing will take place to review complaints regarding the attitude and conduct of a member of the Elko County Advisory Board to Manage Wildlife and all other matters related, thereto. Commissioner Myers stated that Brandon Fordin had chosen to send a letter of resignation. He noted that he had accepted Bandon Fordin s resignation pending approval by this Board. He stated Brandon Fordin felt as a private citizen he could better state his own individual opinion at the Wildlife Board meetings. He commented that Brandon Fordin was in the process of developing a non-profit organization that would attend all Wildlife Board meetings and travel to all the counties for their meetings. Commissioner Myers stated Brandon felt his job as appointee was in support of the sportsmen. He felt that the recent Hunter Alert appointments made by the Governor were not in the best interest of wildlife or the sportsmen. Commissioner Myers reviewed Brandon s letter of resignation. He noted that Wade Fordin had also submitted a letter for the Board s review. MOTION: Commissioner Myers moved to accept Brandon Fordin s resignation. Commissioner Myers recommended that the Commission accept Mr. Fordin s resignation and they consider appointing a rancher to the Board, as was discussed earlier in the year. He had spoken to Pete Mori and Tommy Barnes had expressed an interest in sitting on that Board. Commissioner Myers did not PAGE 4
think it was necessary to advertise the position because they now have an application from a rancher. Commissioner Ellison seconded the motion. Commissioner Myers suggested that the appointment be placed on another agenda. He noted everyone was on notice during the last meeting and felt they had a good applicant on file. Kristin McQueary felt it was better to advertise the position but the board does need to be balanced. She would review the past minutes upon this issue. The motion passed unanimously. Commissioner Eklund-Brown publicly thanked Brandon Fordin for his commitment and dedication while sitting upon the board. There was a discussion regarding conduct of committee members who sit upon the advisory boards. Commissioner Myers asked that they put the appointment on the next agenda. Robert Stokes understood they had an informal County policy to advertise the position. He stated there have been some times when they had not advertised the positions. He noted that NRS simply stated that the appointments were made by the County Commission. Commissioner Ellison asked how long the term was left. Commissioner Myers noted Brandon was reappointed in July of last year and the term ran for another three years. Commissioner Ellison suggested they take the ranching applicant that had showed a strong interest to sit upon the Board. Commissioner Dahl agreed with Commissioner Ellison and Commissioner Myers supported that opinion as well. Pete Mori, Tuscarora rancher, expressed appreciation for them looking into this matter. He had sent them some e-mails that he had received from Mr. Fordin and that was the reason he had appeared here today. He did not know Mr. Fordin would send a letter of resignation today. Pete Mori felt he owed it to the County Commission and Mr. Fordin to appear and explain his position. Robert Stokes understood he had direction to put the appointment on the next meeting agenda. VII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Russell felt there should be a balance on the advisory boards. There needed to be an understanding that anyone on the board should know they have responsibility to represent their point of view as well as the County Commission s point of view. Commissioner Ellison suggested a Thank You letter be sent to Brandon Fordin for his time served on the board. VIII. 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 and all other matters related, thereto. PAGE 5
Commissioner Ellison departed from the meeting room due to a family conflict of interest at 3:16 p.m. Randy Brown believed the compaction issues for the most part were taken care of. They were building the crossings at Sherman Creek and were pouring the north access. Randy Brown stated the culvert should be finished at the lower railroad track crossing within a couple of weeks. He stated then they would move their maintenance road off of the Ellison road. He stated most of their fills were coming from the east or west barrow pits. He stated there were some change orders coming. One was to get permission from the Union Pacific to demolish the house and the trees. He stated they have discovered more light clay soils along the riverbanks and those would be excavated out. Randy Brown stated they still have the completion date of September 22, 2009. Cash Minor stated he, Commissioner Eklund-Brown, Elaine Barkdull and Kent Avery of Salvage met with the Union Pacific on operational issues with the railport. He stated there was a private meeting in Salt Lake City and they had asked to put in track on the end of the siding which Union Pacific would own when completed. He stated the representative in Salt Lake City felt that was a possibility but the person in charge of operations in Roseville said no. Cash Minor stated they were looking for an alternative. He stated an alternative was where the tracks branch they own the top track and they could build a track that holds 20 cars. He stated it would take 1,500 feet of track for storage of cars and they would talk about it in committee. He noted the track would cost $225,000 and there would be an expense for the compaction and fill. Commissioner Eklund-Brown noted the problem with using the mainline was Amtrak had a scheduling conflict so they needed a place to push in and pull out cars for the outgoing and incoming. She noted it would be put in the Union Pacific right of way and it would not be a part of the transload operations so it was an additional expense. She felt it should have been part of the project at the very beginning. Cash Minor felt that the Union Pacific thought they were going to be switching the whole yard and they would have access to all the tracks. He stated they could not have Savage in there doing their business if Union Pacific had full access to those tracks. Commissioner Eklund-Brown noted that would have minimized the transloader s operations and net income. Cash Minor stated this does not involve Ruby Pipeline because that was a unit train and that had been resolved how that portion would work. He stated this was just for the general operations outside the unit train. Commissioner Russell stated that the additional track put in would be on Union Pacific property but it would be owned by the County. The County could use it, maintain it at their discretion and it was inclusive of temporary storage. Cash Minor noted that the Union Pacific suggested that they create ladders for the PAGE 6
push-pull purposes. Commissioner Russell asked if that was in writing. Cash Minor stated they would get these commitments in writing. He had asked if the Union Pacific would claim ownership and the answer was no and they would sign an agreement. Cash Minor stated they met with Paul McDonald, the General Director of Quality Services Transportation West for the Union Pacific Railroad, and Rick Durant, Regional Director West of Network and Industrial Development. Commissioner Eklund-Brown stated the Union Pacific personnel told them that if they presented this today the Union Pacific would not accept it. She noted the Union Pacific had driven this project and their engineer had been working with the Union Pacific. She questioned why they would not accept the design and why this had not come up a long time ago. She requested their solution and this was what they came up with. Cash Minor noted it would hold 20 cars so if there was enough traffic they may have to switch it twice a day. Commissioner Eklund- Brown stated that Paul McDonald would be at the Mining Expo to review the aspects of the railport. Commissioner Russell inquired about locating an access across the other side. Cash Minor stated they were still working on a second access on the east side. Commissioner Eklund-Brown stated that was in negotiation with Ruby Pipeline. Commissioner Dahl inquired how many companies were in there and how many more could go in the railport. Cash Minor replied there were four by the frontage portion and they still have the central portion available but the issue was access. Commissioner Eklund-Brown noted that they have other areas for lease. Commissioner Dahl inquired when the County would be clear of the project. Commissioner Eklund-Brown explained the County would retain title so it may remain open to the public for the economic development opportunity of everyone. IX. ADJOURNMENT MOTION: Commissioner Myers moved to adjourn the meeting. Commissioner Dahl seconded the motion. Commissioner Ellison was absent during the vote. The motion was passed by majority vote. There being no further business to come before the Board, the meeting was adjourned at 3:31 p.m. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk SHERI EKLUND-BROWN, Chairperson PAGE 7