elko co com 011707€¦ · web viewcounty of elko. ) ss. january 17, 2007. the board of elko...

STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. JANUARY 17, 2007

The Board of Elko County Commissioners met on Wednesday, January 17, 2007, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners John Ellison, ChairMike NanniniCharlie MyersSheri Eklund-BrownWarren Russell

CFO – Asst. Co. Manager Cash MinorDeputy District Attorney Kristin McQuearyDeputy County Clerk Marilyn TiptonChief Probation Officer Michael PedersenLibrary Director Jeannette HammonsSheriff Dale LotspeichLt. Sheriff’s Dept. Marvin MortonRoad Supervisor Otis TiptonPlanning & Zoning Dir. Randy BrownPublic Works Director Lynn Forsberg

- - -The proceedings were as follows:

CALL TO ORDER:Chairman Ellison called the meeting to order at 1:30 p.m.

PLEDGE OF ALLEGIANCE:Commissioner Eklund-Brown led the meeting participants in the Pledge of

Allegiance.

I. COMMENTS BY THE GENERAL PUBLIC:Doug Martin commented that he had asked for a letter of support from the

County Commission to request that NDOT relinquish their right of way on his industrial property South of Carlin. He stated the State had relinquished their right of way on approximately 140,000 square feet. He personally thanked the board for their assistance on this matter. Doug Martin stated since his first meeting with them, he had put a road in and the property had been cleared.

Dan Dallas, Mountain City District Ranger, introduced Terry Chute as the new Jarbidge District Ranger for the Forest Service.

ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007

PAGE 1

Commissioner Myers requested that recognition be put upon a future agenda for Assemblyman John Carpenter because of his public commitment.

II. “ELKO COUNTY READS” DAY:Discussion and consideration of the designation of Monday, February 26,

2007 as “Elko County Reads” Day as requested by the Elko County School District encouraging Elko County citizens to support a County-wide effort that engages our schools, libraries, cities, businesses, and citizens to promote the joy and ability to read to each of our children and families.

MOTION: Commissioner Nannini moved to designate Monday, February 26, 2007 as “Elko County Reads” Day. Commissioner Myers seconded the motion.

Beth Kern cited a poem on behalf of the Elko County School District. Antoinette Cavanaugh gave a presentation as the “Cat In the Hat”. Lindsey De Angelo and McKenzie Wasley, students of Spring Creek Middle School, appeared as “Things One and Two” in the presentation. Joe De Braga, of the Elko County School District, filmed the presentation.

The motion was passed unanimously.

III. ELKO COUNTY JUVENILE PROBATION DEPARTMENT:Discussion of Juvenile Probation Department issues including the Juvenile

Detention and Juvenile Probation Monthly Report.Michael Pedersen submitted a written Juvenile Detention and Probation

Monthly report. He asked that an action item be placed on their next meeting agenda at the beginning of February to discuss items, the salary survey and the changes in the judiciary leadership. He noted that Mason Simons was the new Family Court Master. He stated Judge Puccinelli now supervised the Juvenile Department. Commissioner Eklund-Brown inquired if she should continue on as liaison to China Springs. Commissioner Russell inquired about distinction between Mr. Simons and Judge Puccinelli in the administration and operation of the facility. Mike Pedersen stated the Chief Probation Officer was the Department Head and he answered directly to Judge Puccinelli. He stated Mason Simons represented Judge Puccinelli in all the Family Court Hearings. Commissioner Myers asked that the budget impact be placed on the next agenda also.

IV. SHERIFF'S DEPARTMENT:Sheriff Dale Lotspeich stated Lt. Marvin Morton would submit the statistical

information.Lieutenant Marvin Morton reviewed the statistics for the preceding month

including 325 bookings, released 331, and the daily inmate population averaged at 121. He reported they had 109 in custody today with 12 being female inmates. ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 2

Lt. Marvin Morton stated there was a push for DUI arrests over the holidays. They had 48 DUI arrests and 15 domestic violence arrests. He stated they had been working on the facility plan. He reported that the heat had been out of a couple of cell blocks. Lt. Marvin Morton stated their budget would be reviewed next month and they were staying within their budget. He stated on the patrol side, the calls for service were increasing. He stated that they were behind on the civil side so they were using people from the Northern area to serve civil. Lt. Marvin Morton stated the evidence was a concern with them. He stated they were developing some ideas for evidence procedures throughout the County. He believed there should be a central location for the storage of evidence within the County. Lt. Morton asked if there was other information they would like. Commissioner Russell noted he had received calls from several Spring Creek residents asking why the Spring Creek High School was chosen for their training exercise when people were coming from outside the area to go to the wrestling match. Lt. Marvin Morton stated the School District had contacted him and stated they had received a threat that there would be a shooting that day. He had arranged it through Antoinette Cavanaugh and William Gallagher of the School District to put up the metal detectors, check the baggage, and the containers when the people came through the door. Lt. Morton stated the threat was real and it was a serious drill on the 13th on Saturday during the wrestling tournament. He stated nobody but the School District was aware of the drill. Lt. Morton stated he had not received any calls from parents or teachers. Commissioner Nannini asked that in the future they submit some type of handout of where the crimes were taking place. Commissioner Eklund-Brown noted Sheriff Harris had submitted a written report and asked for updates on the Task Force in the future.

Ken Wellington, Spring Creek resident, voiced concern that if there was a legitimate threat why the public was not notified to make the decision whether they wanted to attend with their families or not. He felt that the metal detectors may deter outside participation at future games.

Commissioner Eklund-Brown felt it was a national problem and understood why the Sheriff’s Department did it. She felt the Sheriff should do it randomly throughout the County, then it would lessen the risk of that threat actually happening.

Sheriff Lotspeich stated there was a random threat on that particular date. He stated that they took proactive measures so there would be no harm to anyone. He believed that information was distributed to the press which was not very clear. Sheriff Lotspeich stated that there was the same amount of people committed out there as they would have normally utilized. Sheriff Lotspeich stated they had to address the issue of whether to initiate pro active measures and see what the results were. He stated there were only three or four complaints for the entire weekend. Sheriff Lotspeich reiterated that Spring Creek was not being


PAGE 3

singled out. He stated they were there to offer the public protection and guarantee everyone was safe in the school. He noted the world had changed and their methods to deal with those changes would also have to be different. Commissioner Myers agreed that they should do random surveillances. However, he felt Ken Wellington also had a valid concern but was unsure how to address that type of a threat. Sheriff Lotspeich stated the safety venue was to offer the public a brick and mortar facility that had been previously searched prior to their entrance. He noted the people entering the facility were not introducing anything harmful so they had a fairly secure location. He referred to the security measures taken during the President’s visit to Elko. Commissioner Ellison noted after the incident at Columbine, they have to take those threats seriously. Commissioner Eklund-Brown commented that Las Vegas had metal detectors in every school and felt that provided better protection for the children. She noted that law enforcement was present at all their school functions and were seen by the public.

Commissioner Myers noted they had hired a new Patrol Sergeant for the Wells area and asked if she was a new officer. Sheriff Lotspeich replied that she had been a Patrol Deputy and had been with the County since 1997. He believed that she would be a good Patrol Sergeant. Commissioner Nannini noted that individual had purchased a home. He stated she was active in the community and had children in the school. Commissioner Nannini stated they were happy she was the new Patrol Sergeant in Wells.

Sheriff Lotspeich asked that Commissioners Nannini and Myers schedule a meeting with him to discuss communication issues so they can work towards a solution before the budget cycle.

Commissioner Eklund-Brown asked him to look at the issue of every Deputy having their own vehicle and the possibility of them sharing vehicles on shifts. She asked how that would work out on his budget. She noted not every Department had their own vehicles. Sheriff Lotspeich stated that because of their vehicle replacement program their maintenance budget had been reduced. He commented that there was an immediate response when a Sheriff’s vehicle was in an area. Commissioner Myers felt that all the officers were actually on call for 24 hours because they go directly from their home. Sheriff Lotspeich noted there would be a capital expenditure. Commissioner Eklund-Brown believed that there would be half the fleet and there would be less fuel. Sheriff Lotspeich clarified that the same amount of miles would be driven. He stated they were working on other issues such as establishing an office in Spring Creek so they would not have to drive back and forth to Elko in order to report in.

V. NEVADA DIVISION OF ENVIRONMENTAL PROTECTION:White Pine Energy Associates, LLC c/o LS Power Development:Draft Class 1 Air Quality Operating Construction Permit:

ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 4

Discussion and consideration of comments regarding the draft Class 1 Air Quality Operating Permit for construction of three nominal 530 MW pulverized coal-fired boilers and associated structures in White Pine County. Comment period ends January 31, 2007.

MOTION: Commissioner Myers moved to submit a letter of support for the draft Class 1 Air Quality Operating Permit for White Pine Energy Associations, LLC c/o LS Power Development. Commissioner Nannini seconded the motion.

Commissioner Russell asked that there be positive comments submitted because there had been comments to him about the pollution emitted from the plants and the impact upon Utah.

Cash Minor noted there was a draft letter of support in their packets. Commissioner Eklund-Brown stated the production would be under the

latest technology for coal fired plants. She felt there would be limited emission into the State of Utah.

The motion was passed unanimously. Commissioner Nannini noted the states of Utah and Idaho killed the

Thousand Springs Project.

VI. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Chairman Myers called the Board of Highway Commissioners to

order at 2:04 p.m., and adjourned the Highway Board at 2:38 p.m.

VII. TOWN OF JACKPOT:Chairman Ellison called the Jackpot Town Board to order at 2:39 p.m. and

adjourned the Town Board at 2:42 p.m.

Chairman Ellison called a recess at 2:42 p.m. , and reconvened the meeting on 2:50 p.m.

VIII. ELKO COUNTY PLANNING AND ZONING DIVISION: Parcel Map Road Dedication Requests:

A. Discussion and consideration of approval of a parcel map road dedication of Bullion Road located in Section 21 T34N, R55E.

Randy Brown pointed out the location of Bullion Road on the map. He stated the County had never obtained a right of way on the road. He stated within the parcel map they would acquire a 60 foot roadway easement. Randy Brown noted it met all State and County statutes and codes. He stated staff recommended approval.

MOTION: Commissioner Myers moved to approve a parcel map road dedication of Bullion Road located in Section 21, T34N,


PAGE 5

R55E without maintenance. Commissioner Russell seconded the motion. The motion was passed unanimously.

B. Discussion and consideration of approval of a parcel map road dedication of Elburz Road located in Section 12 T35N, R57E.

Randy Brown noted this portion of land belonged to the Glasers and was bisected by a County maintained road. He stated it meet all County and State codes and statutes. He stated staff recommended approval.

MOTION: Commissioner Myers moved to approve a parcel map road dedication of Elburz Road located in Section 12, T35N, R57E without maintenance. Commissioner Nannini seconded the motion. The motion was passed unanimously.

IX. NORTHEASTERN NEVADA FIRE PROTECTION DISTRICT:Discussion of County efforts to secure federal legislation working jointly with

the Nevada Association of Counties, other Counties from Western States and the Western Counties Alliance. Discussion and consideration of meetings with various land management and resource management agencies and organizations to discuss options to address range and habitat rehabilitation actions to help mitigate the destruction caused by the 2006 Wildfire Season including the upcoming Nevada State Agency Meeting on January 29, 2007.

Cash Minor stated this was the second meeting of this group which included State and Federal agencies. He would attend the January 29 th meeting. Cash Minor noted on January 26 there would be a Western Counties Alliance meeting in Nephi, Utah. He stated the Lieutenant Governor would speak at that meeting. Commissioner Ellison asked that there be a County Representative at that January 26, 2007 meeting. Commissioner Russell noted he would be attending the Water Conference in Reno. Commissioner Ellison stated they had met with several congressional delegates regarding the wildfires in 2006 together with the President’s Chief of Staff, the Homeland Security Director, the Forest Service Director, the BLM Director, the FEMA Director, and the USDA Director. He stated they had asked them to waive the insurance fees similar to the waiver of the insurance fees for Katrina. Commissioner Ellison stated they had asked that 30 million dollars come back to the State of Nevada. Commissioner Ellison stated Senator Harry Reid was helping a bill through the legislature. Commissioner Eklund-Brown noted she or Commissioner Myers could be present. Commissioner Ellison noted he and Commissioner Myers would have conference on Wednesday at 9:00 a.m. at the Manager’s Office with other County Commissioners.

Dan Dallas stated that he and Helen Hankins had discussed the questions which had been previously asked. He noted Commissioner Nannini asked if there ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 6

were some efforts to graze to prevent fuel build up. Commissioner Ellison stated they had spoken to the agencies and commented that the County had a good working rapport with the BLM and FS during this fire season. However, the BLM and FS were dictated by Congressional Order which restricted the local agencies. He noted Washington’s response was better this meeting. Commissioner Nannini stated he and Commissioner Eklund-Brown met with Helen Hankins. He stated all of the allotments were utilized and assigned but he interpreted that some allotments were not being used. He noted some ranchers were not utilizing the allotments they had. He believed that was a business call on the part of the ranchers.

Commissioner Eklund-Brown noted letters were sent to the permittees asking them to house other people’s cattle for the year during fire rehabilitation. She noted there was little response to those letters. Commissioner Eklund-Brown commented that people were advertising grazing leases for sale at five times the amount of the permit.

Helen Hankins, the BLM Field Manager for Elko, handed out a written summary of the fire rehabilitation for the 2006 fire season. She noted that they had sixteen contracts issued for aerial seeding and drill seeding. They have completed 35,000 acres of drill seeding before winter set in the higher country. Helen Hankins stated they started aerial seeding and would continue until they get bad weather. She stated most of the fencing was completed and some of the road repair. Helen Hankins stated only some of the watershed stabilization had been completed. She noted they have held two workshops in December with the permittees regarding the criteria for grazing closures so they would understand the resource objectives before they reopen the grazing allotments for livestock use. Helen Hankins stated the investment in seed purchase for this area was about eight million dollars. Therefore, they wanted to make sure the seed took hold. Helen Hankins noted in their discussions with permittees they were very appreciative of the rehab. Helen Hankins stated within the next two or three weeks all the permittees affected (71 permittees), about 27% of the permittees, would receive a decision about grazing as a result of the burns. Helen Hankins stated they would work with them to accommodate the permittees’ needs. She stated the rehab plans included fencing to fence off the burned areas so the cattle could use some of the unburned areas in the allotments. Helen Hankins stated the level of antagonism to BLM was less than in the 1990s. She felt that the excellent cooperation with the County Commissioners during the fire season was at unprecedented level. She stated there were some serious issues and some people would experience significant economic impacts. She commented upon Commissioner Ellison’s efforts in Washington. Commissioner Ellison commented that both parties, the Senate and the Assembly were working on this to help try and resolve these issues. Dan Dallas stated this issue was very complex. He


PAGE 7

stated they knew there was a high potential for a bad fire season. He noted Helen Hankins of the BLM had made efforts to reduce the fuel loads but not all efforts had been successful. Dan Dallas stated anything the interagency fire managers could do to assist them with this effort they would gladly do. He stated they were aware the County constituents came to the County Commission with their concerns and they would be happy to provide them with any information they needed. Commissioner Eklund-Brown asked how many permittees on the Forest Service were impacted by the fires. Dan Dallas stated 9 permittees out of 43 were affected and most of them were on the Snow Canyon Fire. Commissioner Nannini inquired if all their AUMs were assigned. Dan Dallas stated their usage was similar to what Helen Hankins had presented to them. Commissioner Myers noted it had been a tremendous fire season which was very costly to all the agencies. He stated there had been some discussion in upper levels about shared financial responsibility. Commissioner Myers was concerned because there was so much government land within Elko County and in the State but the federal agencies dictate the policies such as “Let it Burn”. He noted because of those federal policies some of the suppression costs could be transferred to local governments. Dan Dallas stated the Forest Service was pushing that more than the other interior agencies. He felt that the local governments might ask for more say in the management decisions if that should occur. Commissioner Myers noted that there was a meeting with NDF about two weeks ago wherein they discussed a “Let it burn” policy implemented in Oregon. He stated the fire got out of hand and took the fire fighting resources for the whole west. He asked if that had changed their philosophy. Helen Hankins did not think the County would be held accountable for fire suppression costs on lands that were managed by the BLM, the Forest Service or the U.S. Fish and Wildlife Service. She believed the bigger concern in Elko County was the increase in private acreage burned. Helen Hankins noted this year 200,000 privately owned acreage was burned and that was where the County could see some costs. She felt that fuel reduction prior to fire season could reduce the potential for fire and reduce their liability. Helen Hankins stated Elko County was a Fire Protection District under the State of Nevada. She believed that gave them further protection from unexpected costs. Helen Hankins noted Lander County did not have that situation. She noted Lander County did not have any agreements with the BLM or with the Nevada Division of Forestry. Helen Hankins commented that Elko County was doing things like the Fire Safe Council, and promoted projects for fire fuel load reduction. Commissioner Eklund-Brown asked of the 200,000 acres burned, what percentage was funded by the State as opposed to the funding by the federal agencies. Helen Hankins stated she had not seen the final cost numbers from last year. She explained the cost/share process and would get her a copy of the detailed breakdown. Commissioner Eklund-Brown noted the County did not currently enforce the ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 8

zoning at this time so she felt requiring defensible space from their constituents would be difficult. She noted Washoe and Douglas Counties had enforcement of their defensible space zoning.

Commissioner Ellison stated at the Western Governor’s Association meeting they discussed Arizona and Colorado issues which were similar to Elko County and the runoffs affecting the road maintenance and the maintenance after the fire vehicular traffic.

Commissioner Russell stated January 30th was the last day of the water conference and the date of the Governor’s Inauguration. Therefore, he stated he could attend the Utah meeting rather than attending the NACO board meeting. He noted that Chairman Ellison would already be attending the NACO meeting. Commissioner Myers noted their previous discussion about travel expenses. He stated each of the Commissioners had specific duties on the Board and were doing their job for the County. He felt that Cash Minor should keep an eye on the travel budget and let them know if they have exceeded each quarter. Commissioner Russell asked that information be given to him, so he would be more informed at the January 26th meeting. Commissioner Ellison noted that at that meeting there would be a very broad range of subjects.

X. WELLS JUSTICE/MUNICIPAL COURT:In accordance with NRS 4.032, discussion and consideration of the approval

of a panel of substitute Judges appointed to act in the event that the Wells Justice Court Judge must be disqualified from a case filed in the Wells Court due to a conflict, temporary illness or absence due to emergency, educational requirements or other reasons.

Commissioner Ellison disclosed that the Justice of the Peace in Wells was his Sister-in-law but there was no conflict because there was no financial benefit back to him.

MOTION: Commissioner Eklund-Brown moved to approve the temporary pro-tem Judge list as submitted. Commissioner Myers seconded the motion.

Kristin McQueary clarified that all Judges have a pro-tem list which was required by statute. She did not see a conflict with Commissioner Ellison voting as long as he disclosed his family association.


XI. 2007 NEVADA LEGISLATIVE SESSION:Discussion and consideration of issues and proposed legislation that may

come before the upcoming 2007 Nevada Legislature’s 74th Session beginning February 5, 2007 including potential impacts of proposed legislation to Elko County and its citizens.


PAGE 9

A. BDR 246 - Makes appropriation to Elko County School District to establish pilot study for a program to address educational needs of gifted and talented students.

Neil McQueary, representing the PAGE Group, stated they were an academic booster club. He stated they were asking for County support in letter form and the use of their lobbyist at the State level. He felt this was an economic development issue because with better schools it would attract more people. Neil McQueary submitted a written breakdown of the financial side of their proposed pilot program. He stated they had discussed this with the School District, Senator Rhoads, etc. Neil McQueary stated within their plan there was funding to do an independent evaluation of this program to prove that the program was beneficial in order to receive future funding from the legislature.

MOTION: Commissioner Russell moved to approve the letter of support for the PAGE Group. Commissioner Myers seconded the motion.

Commissioner Ellison commented upon the importance of these projects. Neil McQueary hoped this program would be included in the Governor’s budget in the next two years. Commissioner Eklund-Brown requested clarification of their budget. Neil McQueary noted one-half of the costs would be salaries. He stated there was $80,000 budgeted for the County Coordinator. Commissioner Eklund-Brown inquired if the nine specialists would be countywide and rotated through the schools. He received an affirmative response from Mr. McQueary. Commissioner Ellison noted Governor Gibbons was asking for no increases and reapportionment of funds throughout the State. Neil McQueary felt education would be one of their priorities. Commissioner Russell stated he had discussions with the groups supporting the BDR. Commissioner Russell felt they should give as much attention to those students who were gifted children, as well as those children who lacked the giftedness.

The motion was passed unanimously.B. RTC Population Adjustment Provision:Cash Minor stated Carson City had a BDR to raise the population cap from

50,000 to 100,000. He explained that once they exceeded the population cap of 50,000 then they could no longer use the money for maintenance. He stated they wanted to support the Carson City’s BDR because Elko would be around 48,000 population when they modify the population report.

MOTION: Commissioner Russell moved to support the legislative effort by other groups as well as ourselves. Commissioner Myers seconded the motion and requested that the lobbyist support the population adjustment. The motion was passed unanimously.

C. Other proposed legislation:ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 10

Cash Minor commented that he had submitted four fiscal impact statements on proposed legislature.

Commissioner Eklund-Brown noted they were looking at establishing a Court’s Technology Fund. Cash Minor stated the Recorders and Assessors had technology funds. He stated the Court’s Technology Fund would be through the Administrative Office of the Courts.

XII. 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 Russell stated the Elko County Water Planning Commission held a meeting and they looked at the first draft of the final draft for the Elko County Water Plan. He stated they would hold a workshop in February to review the final draft. He stated they had received a report from Michael Buschelman during the last meeting and he had encouraged them to proceed on the water applications for water rights. Commissioner Russell explained there were adjustments performed due to water conflicts with the ranchers. Commissioner Russell stated they had filed those applications with the State Water Engineer. He noted that Randy Brown was the point person on staff regarding water issues and encouraged Mr. Brown’s attendance at the State Water Conference. Commissioner Ellison inquired if this would pertain to the new proposed legislation. Commissioner Eklund-Brown believed it was upon existing law. Commissioner Ellison felt changes would be proposed at the next legislature, and felt it was important to have County attendance at that conference. Commissioner Russell stated Michael Buschelman would be at the State Water Conference. Commissioner Eklund-Brown felt the legislature would increase the State Engineer’s funding for better water studies due to the unknowns with regards to water availability and the SNWA’s pipeline. She believed there may be more fair market value on water rights. Commissioner Eklund-Brown believed the Southern Nevada Water Authority Resolution was a good document and looked forward to them funding several monitoring wells once the project was approved. She questioned whether the State Engineer was contacted about the Ten Mile Tax and if that tax was averted. Cash Minor did not believe there had been any conversations yet. He would contact Joe Aguirre. Commissioner Eklund-Brown felt they should a send letter of acknowledgment to Pat Mulroy for fulfilling their promise and that they were looking forward to a working relationship with SNWA. Commissioner Ellison noted on January 26th and 27th the Clark County boards wanted to meet with NACO to discuss water issues. Commissioner Myers commented that Elko County’s issue with the SNWA was separate than the issue


PAGE 11

with NACO. Commissioner Eklund-Brown believed it was a statewide issue of water. She noted SNWA put up millions of dollars on water issues. She noted a reservoir was approved in Arizona to catch excess water that was going to Mexico. Commissioner Eklund-Brown commented that Las Vegas was still growing at a phenomenal pace.

XIII. METROPOLIS IRRIGATION RESTORATION PROJECT:Update report on the Metropolis Irrigation Restoration Project that would

make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility consisting of road access, campsites, picnic tables and a dock on the Bishop Creek Reservoir.

Commissioner Nannini noted the project was delayed due to the winter months. Commissioner Eklund-Brown commented they were working on the goat/weed project.

Chairman Ellison relinquished control of the Board to Vice-Chair Nannini at 3:44 p.m. due to a family conflict.

XIV. NORTHEASTERN NEVADA REGIONAL RAILPORT:Discussion and consideration of issues related to the Northeastern Nevada

Regional Railport including options with regard to the development, operation and management of the Railport and Industrial Park. Possible issues for discussion and action may include Committee recommendations with regard to the lease, sale or contracting out of all or portions of the Railport and/or Industrial Park along with potential recommendations for contracting with consultants for various components of this project.

Commissioner Myers noted the committee met yesterday but he was unable to attend the meeting. He had previously met with William Tessler, Cash Minor and Robert Stokes. Commissioner Myers noted the Board should have a copy of the appraisal for the 44.4 acres which came in at $440,000 that Pacific Steel was looking to purchase. He stated Elaine Barkdull-Spenser would try to get a signed contract with Pacific Steel. Commissioner Myers stated as soon as that contract was signed they hoped to have Zone 1 appraised. Cash Minor stated they would research if they could use the funding for future development or if they would have to pay down the bond. Commissioner Eklund-Brown noted they would be looking at a lower valuation for Zones 2 or 3 without access. She stated they had discussed accesses with Union Pacific but there was nothing in writing. She believed that Steve McLaws and Elaine Barkdull-Spencer could help with that objective. Commissioner Eklund-Brown felt they could use the same committee to negotiate those Union Pacific accesses as they did for the ranch sale. Commissioner Myers inquired about the process of when the County sold land. ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 12

Kristin McQueary stated she would get back to them because there were certain factors to consider such as economic development. Commissioner Myers noted Pacific Steel had expressed an interest and asked if the County had to publicize and offer that property for sell. Kristin McQueary would prepare a memo. Commissioner Russell felt that the same sale committee should work on the access issues.

Commissioner Eklund-Brown stated Elaine Barkdull-Spencer was working for economic abatements with the State Department of Taxation similar to the BTI incentive package. She noted parties had expressed an interest on a grazing lease and an auto wrecking yard. She did not believe the Board wanted any encumbrances on the property at this time. Commissioner Russell suggested they limit the grazing time. Commissioner Myers noted there would be demolition performed in the summer and the Union Pacific would be doing their extension. He believed there may be some liability issues if they allowed grazing then. Commissioner Russell voiced concern about fire issues with the dry grass. Commissioner Eklund-Brown felt they could lease it out to have it hayed.

Commissioner Eklund-Brown noted the demolition contract and geological survey specifications were being prepared. She stated only 164 acres of the BLM acreage would be useable for the railport and that portion was not directly adjacent to the properties. She felt making it a portion of the industrial park was not beneficial. Commissioner Eklund-Brown asked if they had contacted NDOT about the frontage road. Commissioner Myers stated they were waiting for contact with Kevin Lee of the Nevada Department of Transportation.

Commissioner Eklund-Brown inquired about the TranSystems’ Contract. Kristin McQueary noted there would be a conference call tomorrow to review the final details. She believed they had started some of their design processes.

Commissioner Eklund-Brown noted they had an update on the 2,000 acre feet of water rights they had filed for. She stated they would negotiate with the State Engineer on the conversion from surface usage to a groundwater permit.

Commissioner Eklund-Brown stated Cash Minor had an economic update to substantiate the match requirement and would send another letter to receive the other $500,000.00 from the State for development of the railport.

Commissioner Russell departed from the meeting room.Commissioner Ellison returned to the meeting room at 3: 55 p.m.

XV. ELKO COUNTY DISTRICT ATTORNEY’S OFFICE:In accordance with NRS 361.280, discussion and acceptance of the District

Attorney’s Office report that all property in the County has been assessed by the County Assessor.

MOTION: Commissioner Eklund-Brown moved to accept the District Attorney’s Office report that all property in the County had


PAGE 13

been assessed by the County Assessor. Commissioner Nannini seconded the motion.

Kristin McQueary stated this was a holdover statute and they had to rely upon the word of the Assessor that everything was being assessed properly.

The motion was passed by majority vote. Commissioner Russell did not vote.

Commissioner Russell returned to the meeting room.

XVI. COMMISSION MEETING CALENDAR: February 7 & 8, 2007 -- 1:30 p.m. – Elko – CourthouseFebruary 21, 2007 -- 1:30 p.m. – Elko – CourthouseMarch 7 & 8, 2007 -- 1:30 p.m. – Elko – CourthouseMarch 21, 2007 -- 1:30 p.m. – Elko – CourthouseMOTION: Commissioner Eklund-Brown moved to approve the

Commission meeting calendar. Commissioner Nannini seconded the motion.

Commissioner Myers asked that Michele do a separate electronic calendar of where the Board Members would be during the month while attending meetings within the State.


XVII. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:Discussion of correspondence and notices received by the Commission

inclusive of assignment of issues to future agendas for Commission action.Commissioner Myers stated with regards to the 2007-08 budget he would

like to have budget commitments listed separately and what their impact would be on the budget.

Cash Minor noted at the end of February or the first of March they would begin holding meetings with the Department Heads in the middle of February. Cash Minor stated they did not receive the preliminary tax revenue estimates from the State Department of Taxation until the middle of February.

Commissioner Eklund-Brown noted she had sent an e-mail to Ms. Evans and was discussing with the Forest Service her part of the sociological, socioeconomic impacts for grazing. She noted there was a proposal to bring the students out to do surveys. She felt they may help with the accommodations and travel costs for the students to do the study.

Commissioner Ellison noted Joe Aguirre made a comment that he would look at reduction of personal property for the ranches impacted by the fires and cautioned that would have an impact to their County budget.

XVIII. CONSENT AGENDA: ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 14

A. Presentation and review of claims for approval B. Review and approval of travel requests that may be pending.

C. Approval of Minutes:November 15, 2006: 1. Board of County Commissioners

2. Elko County Liquor BoardDecember 6, 2006: 1. Board of County Commissioners

2. Board of Highway CommissionersJanuary 2, 2007: 1. Board of County Commissioners

MOTION: Commissioner Eklund-Brown moved to approve the Consent agenda with corrections submitted to the minutes. Commissioner Russell seconded the motion. The motion was passed unanimously.

XIX. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:Commissioner Myers asked if the meeting tomorrow with the Fair Board was

at 3:00 p.m. in Room 105 or at the Administration Building. Cash Minor replied it would be held at the Administrative Building.

Commissioner Eklund-Brown had received comments that the air service was terrible and inquired if there was another carrier. Commissioner Ellison noted the City Manager informed him the City had a bill draft proposed to obtain funding from federal agencies for a western air carrier. Commissioner Ellison felt Elko County would be in support of the bill to get an air carrier back to Elko. Commissioner Myers felt it would have to be subsidized to bring service into Elko. Commissioner Myers noted he sat on that committee but the City did not have any meetings for a month or two months.

Commissioner Nannini noted they usually have a meeting with the Assemblymen and Senators before they go to Carson City. Cash Minor stated they had that meeting in the past but had not done that in the last two sessions. Commissioner Nannini asked for a meeting with their Legislative delegates before the legislature convenes.

Commissioner Ellison inquired if they could sign warrants under the register for the staff. Cash Minor noted current policy required that every Commissioner sign off on every claim over $5,000 or travel. Commissioner Myers stated in the City they only had to sign the bottom of the spread sheets. He noted they also signed the bottom of the spread sheets in Michele’s office for the County. Cash Minor stated that the signature on the spread sheet was mandatory by statute but it was a County policy for the Commissioners to sign off on all claims over $5,000 and travel requests.

Commissioner Ellison noted Commissioner Myers was nominated to bring forward the budget. Commissioner Myers stated Commissioner Russell was also


PAGE 15

appointed to the budget committee. Commissioner Ellison stated they would try to get a budget together for insect abatement. Commissioner Myers believed there would be a lot of budget requests.

Commissioner Myers noted they had received a letter from Chief Kightlinger regarding the establishment of a contingency fund for fire suppression costs. Commissioner Myers noted there was some concern with the County property that borders the City of Elko. Cash Minor noted it was the same issue as the urban interface with the federal agencies. He noted that most of the western states had Forest Service land and that issue was being driven by several states which had a lot of Forest Service lands and not BLM. Commissioner Eklund-Brown commented that half of the Forest Service’s budget went to fire suppression. Commissioner Myers explained in northern California and upper Oregon border a fire happened on Forest Service land. He stated they allowed it to burn under the “Let It Burn” policy and it grew too large. He stated when they tried to fight it, there was not a sufficient amount of local resources so they had to take all the resources from the western states last year to contain the fire. He noted then our fire season began and there were no resources available. Commissioner Myers noted the government spent the majority of their budget on that fire and there was insufficient funding to pay for the remaining fire costs. Commissioner Eklund-Brown commented that they lost control of the fire based on their decision so they should be liable for those suppression costs.

Commissioner Nannini noted that all commissioners need to remember they had very expensive building projects coming forth. He stated on Tuesday they had a meeting regarding their building. He stated they have to pay down the project ahead of time. He believed that any extra money should be used to pay down the expansion to the Courthouse and the railport.

Commissioner Russell stated he would be going to the Utah meeting on January 26th and would be gone through the 30th of January. He asked if someone could exchange their radio live broadcast. Commissioner Nannini would switch with Commissioner Russell.

Commissioner Myers noted the State Wildlife Commission would discuss the new processes on tag allocation, youth tag allocation, etc., at the 6:00 p.m. meeting on February 1st at the City Hall.

Kristin McQueary stated she would be attending a CLE on public contracting on February 7th so they would have substitute legal counsel that day for their meeting.

Commissioner Ellison stated Bill Hansell, past president of the National Association of Counties, asked to be present when they meet with Senator Reid to represent NACO. He stated they had an issue pertaining to an issue similar to PILT with the Forest Service regarding their forest land. He noted Senator Reid had assured them that bill would go through. He stated at the same time three ELKO COUNTY COMMISSIONREGULAR SESSIONJANUARY 17, 2007PAGE 16

Senators assured them they would get 100% funding for PILT in 2007. Commissioners Myers and Nannini clarified that it would be 100% of the funding they had received last year for PILT. Commissioner Ellison noted previously they had received 240 million but had requested 300 million this year. Commissioner Eklund-Brown stated that would be the amount (300 million) if the land was actually taxable. He stated Bill Hansell went back to ask that NACO support them to get PILT fully funded for the 2007 session.

XX. ADJOURNMENT:MOTION: Commissioner Myers 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.

APPROVED,JOHN ELLISON, Chairman

ATTEST:MARILYN TIPTON, Deputy Clerk


PAGE 17

elko co com 011707€¦ · web viewcounty of elko. ) ss. january 17, 2007. the board of elko...

Documents