elko county board of commissioners 03 16.pdf · 2019-06-10 · elko county commission regular...

ELKO COUNTY COMMISSION

REGULAR SESSION

FEBRUARY 3, 2016

PAGE 1

Elko County Board of Commissioners

Commissioners

+ Delmo Andreozzi Demar Dahl

Cliff Eklund

Glen Guttry

Rex Steninger

Elko County Manager

Robert K. Stokes

STATE OF NEVADA ) COUNTY OF ELKO ) ss. February 3, 2016 The Board of Elko County Commissioners met in regular session on Wednesday, February 3, 2016, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Glen Guttry Delmo Andreozzi Demar Dahl Cliff Eklund Rex Steninger County Manager Robert Stokes CFO/Asst. County Mgr. Cash Minor

NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Sheriff James Pitts Undersheriff Clair Morris District Attorney Mark Torvinen Library Director Jeanette Hammons Road Supervisor Terry Lister

Chairman Guttry called the meeting to order at 1:30 p.m. Commissioner Andreozzi led the meeting participants in the Pledge of

Allegiance. 1:31:00 PM:

I. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 2

1:31:31 PM:

II. PLAQUE OF RECOGNITION: Discussion and consideration of approval of a Plaque of Recognition to Lt. Marvin Morton for 22 years of service in the Elko County Sheriff’s Department. MOTION: Commissioner Andreozzi moved to approve a Plaque of

Recognition to Lt. Marvin Morton for 22 years of service in the Elko County Sheriff’s Department. Commissioner Dahl seconded the motion. The motion passed unanimously.

Mark Torvinen stated he had worked with Marvin for over twenty years and believed he was the best cop he knew; this was a great loss to the County. Chairman Guttry read the plague into the record. Marvin Morton voiced appreciation for what Elko County had done for him and his family over the years. He stated he always had great County Commissioners, always had a good boss in the Sheriffs he had worked for. He publicly thanked staff including, Cash Minor, Robert Stokes, Kristin McQueary and Mark Torvinen. 1:36:25 PM:

III. ELKO COUNTY DISTRICT ATTORNEY’S OFFICE: Discussion and consideration of a request from the District Attorney’s Office to refer a Criminal Submission to the Attorney General’s office for review pursuant to the provisions of NRS 228.130 by reason of a conflict of interest on the District Attorney’s Office part as it pertains to a submission for prosecution with respect to a former employee of an Elko County Department. Approval of this request includes approval of Resolution 03-2016 that authorizes the County to pay actual travel and per diem expenses incurred by the Attorney General’s Office if it acts in this matter. In accordance with Nevada Supreme Court rulings, the detail of this submission to the Attorney General is deemed confidential until and if the Attorney General decides criminal prosecution is warranted. Mark Torvinen, District Attorney, stated the statute was passed because the State Legislature recognized that there would be cases where the local District Attorney could not act or be seen as completely objective and detached from whatever decision was made. He stated this was one of those cases in his judgment and it was extremely an economical resolution because if the Attorney General chose to act it was limited to per diem and travel. Mark Torvinen stated the person that normally did this was stationed in Ely. He noted over his 10 year tenure this may have been the third or fourth time that this had happened.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 3

MOTION: Commissioner Steninger moved to adopt Resolution 03-2016 that authorizes the County to pay actual travel and per diem expenses incurred by the Attorney General’s Office if it acts in this matter. Commissioner Eklund seconded the motion. The motion passed unanimously.

1:36:52 PM:

IV. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Jeanette Hammons, Library Director, stated there was nothing to report for the Law Library. She reported the library stats for January as follows: Youth library programs were 21 programs with 871 participants; including one cowboy poetry story time with 141 attendees; Early Literacy usage was 322 sessions; After School Edge had 73 sessions; they had 16,801 visitors; circulated 11,858 items; the meeting room held 25 meetings with 557 attendees; and the total internet sessions was 1,394. Jeanette Hammons stated for the branches they had a total of 3,361 attendees; 5,423 circulated materials and the internet use was 1,011 sessions. She reported the February activities were the regular programs of Story time, Game Time Thursdays, Teen Book Club and After School Crafts. Jeanette Hammons stated their new youth librarian would start next Monday on the 8th of February. She noted the Friends were working upon their membership drive. Jeanette Hammons stated during this month they would have interview skills and techniques training with Job Connect this afternoon from 2:30 p.m. to 3:30 p.m. in the library meeting room. She stated the second phase, the resume preparation and work search strategies, will be held next Wednesday from 2:30 p.m. to 3:30 p.m. Commissioner Eklund stated the Library Board was a very active board and very committed as well as the library staff. He commended them for promoting and operating the library. 1:43:01 PM:

V. ELKO COUNTY SHERIFF’S OFFICE: Report of activities related to the operations and activities of the Elko County Sheriff’s Office. Sheriff James Pitts gave the year end synopsis for the 2015 year compared to the 2014 year as follows: 2014 2015 Dispatched calls 23,860 25,416 Total monthly activities 115,047 174,339 Reports written 4,650 5,286 Felony arrests 236 252 Misdemeanor arrests 551 409 DUI arrests 35 40


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 4

Drug arrests 127 132 Agency Assists 1,633 1,669 Traffic stops 5,405 5,608 Citations issued 1,852 2,774 Animal calls 2,285 3,014 Narcotic Task Force Arrests: 28 43 NTF Search warrants 24 29 NTF New cases 69 78 NTF Marijuana grow 1 0 NTF Meth seized/purchased 276.46 grams 2868 grams NTF Marijuana 226 grams 14,756 grams NTF Heroin .19 grams 305 grams NTF Prescription pills 155 pills 205 pills NTF Steroids 0 grams 180 grams Rural Deputy Stats: Activities 1,174 9,472 RD Reports 87 127 RD Felony arrest 9 6 RD Misdemeanor arrests 10 15 RD DUI 1 1 RD Traffic Stops 86 221 RD Citations 27 39 RD Animal Calls 40 40 RD Agency Assists 5 70 Sheriff Bookings 3,530 3,546 Releases 3,475 3,461 Average Jail Population 130 152 Highest Jail Population 158 203 Female population average 22 per day 34 per day Female Highest population 29 per day 47 per day Male population average 108 117 Male highest population 129 156 Sheriff Pitts noted that the Rural Deputy stats would be inflated in 2015 due to utilizing the Rural Deputy as a supervisor upon one of the regular shifts for 5 months. He stated the Rural Deputy issued most of the citations in Midas and Mountain City. He commented the Deputy also attend all Jarbidge celebrations. Commissioner Eklund inquired if that jail population was because they were not sending them to other jails. Sheriff Pitts explained they still counted those numbers even if they were in other jails; the population had just increased. He stated the Sheriff’s Office and Elko Police Department have new programs such as “The Most Wanted” and the


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 5

Sheriff’s Department has a Facebook page which has produced good results. He stated they were getting their briefing city and countywide so the information was spread throughout the entire county which helped curb some of the burglaries. He reported the front office issued 498 CCWs in 2014 and 464 in 2015; the Out of State CCWs was 351 in 2014 and 273 in 2015. They registered 62 ex-felons in 2014 and 43 in 2015. The general prints were 1,327 in 2014 and 1,295 in 2015. Sheriff Pitts stated the sex offenders must now register three times a year but that was challenged in court. He noted those registrations rose from 255 to 329 so there would be more impact upon the front desk and the detectives who check upon these registrations. He reported 5 ex-felons were not in compliance last year. Commissioner Guttry inquired what trouble they would get in if they were out of compliance. Sheriff Pitts replied they arrested two and three changed their address. Sheriff Pitts stated they issued 53 work cards in 2014 and 38 in 2015. They took 2,620 fingerprints in 2014 and 2,368 in 2015. He reported the civil service attempts went from 13,365 in 2014 to 14,259 in 2015. He stated the total visitors in 2014 were 11,008 and rose to 11,555 in 2015. He noted the VIP program was initiated last year and the VIP together with the reserves had volunteered over 3,000 hours last year which was a savings of $56,000. Sheriff Pitts stated the Search and Rescue went out thirty times last year looking for lost hunters, people following GPS or people stuck. He publicly thanked the County Road Department for plowing into the stuck lion hunter in Ruby Valley and for plowing and sanding the summit during the freezing rain. He stated they had a bad two hours handling wrecks on that Friday. Sheriff Pitts had received a call from the Elko Police Department thanking the Road Department for throwing sand on the City streets as they went through. He reported the Search and Rescue Volunteer Program saved the County roughly $40,000 to $50,000. He believed people were complacent because of not having snow for so many years and this year there were more rescues. Sheriff Pitts reported the Courthouse security since May of last year stopped 312 knives, 22 pepper sprays, 42 firearms and 33 miscellaneous items from entering the Courthouse. He stated the citizens of Elko take the security check well and they have good deputies working there. Commissioner Andreozzi inquired about the demographics of the jail population and what percentage was drug related versus criminal activities. Sheriff Pitts stated their classifications were felons, misdemeanors, un-sentenced felons and un-sentenced misdemeanors which he could supply those statistics.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 6

Commissioner Andreozzi felt the population had risen and was curious what they were. He requested an update upon the School Resource Officers. Sheriff Pitts stated he had no stats at this time but will give those stats next month. Commissioner Steninger requested a copy of his report. Commissioner Guttry noted there was a reduction in misdemeanors which relates to the Justice Court but the District Court numbers were up. He had spoken to one of the District Court Judges who felt the crimes were getting more violent. He inquired if the Sheriff got a sense of that. Sheriff Pitts replied yes because they were seeing more burglaries and drugs. He agreed the misdemeanors were decreasing. 2:05:56 PM:

VI. ELKO COUNTY CODE: Elko County Building and Safety - Stairway Handrail Exception Discussion and consideration of the First Reading of Ordinance 2016-02, entitled, AN AMENDMENT TO ELKO COUNTY CODE TITLE 3, CHAPTER 1, SECTION 4(A) TO CREATE AN ADDITIONAL EXCEPTION TO THE INTERNATIONAL BUILDING CODE RELATING TO HANDRAILS REQUIREMENTS FOR STAIRWAYS, which allows for handrails on one side only on certain private stairways. MOTION: Commissioner Eklund moved to table the First Reading of

Ordinance 2016-02, entitled, AN AMENDMENT TO ELKO COUNTY CODE TITLE 3, CHAPTER 1, SECTION 4(A) TO CREATE AN ADDITIONAL EXCEPTION TO THE INTERNATIONAL BUILDING CODE RELATING TO HANDRAILS REQUIREMENTS FOR STAIRWAYS. Commissioner Steninger seconded the motion. The motion passed unanimously.

2:07:56 PM:

VII. ELKO COUNTY FISCAL AFFAIRS: In accordance with NRS 350.089, acknowledgement of the receipt of a letter from the Nevada Department of Taxation approving medium-term financing for Sheriff Department vehicles. The County Commission approved the medium-term financing proposal at the October 21, 2015 Commission Meeting. Cash Minor stated this was the approval letter from the Department of Taxation to go forward. MOTION: Commissioner Andreozzi moved in accordance with NRS

350.089 that they acknowledge receipt of a letter from the Nevada Department of Taxation approving medium-term financing for Sheriff Department Vehicles. Commissioner Eklund seconded the motion. The motion passed unanimously.

2:09:10 PM:


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 7

VIII. ELKO COUNTY NATURAL RESOURCE INFORMATION HEARINGS: A. Discussion and consideration of the selection of topics by the County Commission for upcoming Resource Information Hearings to be held by the Elko County Commission. As developed by the Elko County Resource Information Committee made up of Commissioners Delmo Andreozzi and Rex Steiniger and Assistant County Manager Randy Brown, possible topics for hearings include: Greater Sage-Grouse, Livestock Grazing, Wildlife and Wildlife Habitat, Predator Control, Riparian / Wetlands and other land management issues. Commissioner Steninger stated Cliff Gardner was instrumental in organizing this and after the first meeting he was disappointed with the reception and did not want to participate anymore. He had visited with John Burnt the owner of the claims that Quantum Minerals had leased and hoped to use that topic for their first meeting to persuade the Forest Service to amend their maps. Commissioner Steiniger stated last week they saw the map that the Governor was negotiating with Sally Jewel and wondered if they should set a different goal or topic. Randy Brown believed it was a good topic and it was still in discussion phase with the Governor and the Secretary of Interior. He stated any additional information that they could lend may help with the proceedings. He stated they met with the Governor’s Office last Friday and they presented some new mapping which adds some SFA areas and removes some SFA areas. Randy Brown stated it identifies more areas of critical concern for the sage grouse versus doing a blanket Sage Brush Focal Area which was their complaint all along. He stated it actually redefines areas of sage grouse habitat and areas of sage brush focal concerns and identifies area of mineral use and mineral ability. Randy Brown stated with those topics of interest anything they can bring out further might help the proceedings. Commissioner Steninger inquired if he had those maps. Randy Brown replied he did not bring those with him. Commissioner Steninger stated he could not understand their mapping. Randy Brown agreed the maps were hard to read and understand. He stated the information given to them was based upon geographical information and what they identified in those areas which were true sage grouse habitat and true mineral development. He noted the Quantum Minerals and Western Minerals areas were carved out and they were basing their determinations on what was on the ground, which was science, what may be sage grouse habitat that they haven’t defined may be added into the SFA. He stated areas that were blanketed as sage grouse habitat, which was not, may be removed. Randy Brown stated there was no formal discussion with the Department of Interior but they would start those proceedings to see if they could talk to Sally Jewel to change the SFAs. Commissioner Andreozzi inquired if they could get people in from the BLM and Forest Service to their meeting to talk about the subject because he felt there was some confusion among the agencies also. Commissioner Andreozzi felt the issue was the fact that the focal area was not very focal but very broad. He stated when an area was identified then they could mitigate the situation such as with


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 8

Cortez and the mule deer migration route. Commissioner Andreozzi did not believe they knew the impacts of that legislation. Randy Brown recommended they have people come from Governor’s Office to give them a presentation to the Board to become involved. He noted Richard Perry had volunteered to speak to them as well as people from Quantum Minerals. Commissioner Dahl stated it would be interesting to hear how the lines were drawn and why they were changed. Commissioner Guttry believed they should clarify the topic of the meeting. Randy Brown suggested it be the Sage Brush Focal Areas and if they were based upon science. He stated they received information from the State on Friday which they said it was based upon information that came from Tony Wasley, NDOW, other Fish and Wildlife agencies and the USGS who have determined what these boundaries should be so it would be based upon science. Randy Brown stated the people involved on a local and state level were refining the map to be more accurate on what they have. He stated he had the pdf form of the maps and hoped to receive the shape files so he could use the GIS system to identify the acreage. Commissioner Guttry believed the goal they want to see in the Governor’s Office was to go back to the past practice. If you had a project that had a 300 acre area of disturbance they looked at the site to see what animals of concern were there and if there was no concern they let it develop instead of placing blanket restrictions. Randy Brown stated the way to do that was through science of what was on the ground and actually present rather than looking at a map. He believed they should be asking the local geologist who have been in the areas if the area had mineral entry or not. He stated they should be asking how to mitigate it and to answer the questions that come up. Randy Brown stated there had been a give and take in the past process. He stated in the past there was more logic than the BLM just overlaying the SFAs arbitrarily. He stated they should look at helping to identify those areas. Commissioner Dahl inquired if they were talking about the boundary lines there now. Randy Brown clarified he was discussing changing those lines. He stated the Governor’s maps would be changing those SFAs based upon what was really on the ground. He noted there were areas previously identified that were above 10,000 feet. He had never seen sage grouse above 6,500 feet. Commissioner Guttry believed there should be a limit as to where they live and should everything above 7,000 feet across the State be eliminated. Randy Brown stated theoretically but again you have to realize the bird used several types of habitat. He stated those areas have to be looked at with the thought of sustaining the bird. Randy Brown stated the Governor’s Office, NDOW and USGS was looking at how to change those lines from arbitrary to based upon sound science and what was really there. Randy Brown stated they do not know what the Department of Interior would do.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 9

Commissioner Eklund stated if they redraw the boundary lines did that mean they would start the process over with public hearings again. He inquired what would happen to the lawsuit if they redraw the lines. Randy Brown stated those were difficult questions. He understood this was the Governor’s attempt to mitigate the issue without going to Court. Randy Brown stated if they change those SFA’s then that portion of the EIS would have to be reopened and reevaluated and go through public process. Commissioner Andreozzi stated a desirable outcome was to get some clarification upon what valid existing rights were. Randy Brown stated they had discussed that Friday and that was part of the whole process. He stated they asked what the lines were, why where the lines drawn, and why were they taking away interpretation from each District Manager and defining them across the board. Randy Brown stated they discussed how it varied from area to area what the valid existing rights were. He stated there was confusion in the local federal offices. Commissioner Andreozzi suggested inviting representation from the Governor’s Sage Brush Ecosystem to gather more information. Randy Brown recommended they invite Tony Wasley to a discussion because Tony Wasley was the person spearheading the map changes. He stated the original habitat maps from Dr. Coates were not used for what they were intended to be used for. He stated those maps were exploited and showed 80% of Elko County as some form of sage grouse habitat. Randy Brown stated those maps were also being revised. He stated the partnership that the State has with the USGS and the US Fish and Wildlife will hopefully change those boundaries and identify areas of specific concern versus arbitrary boundaries. Commissioner Guttry stated the past practice of the relationship between the BLM, Forest Service and the mining industry wasn’t perfect but it worked and it seemed to be logical and science based because they took each project individually and looked at the disturbance area and mitigated the issues. He stated with that process they addressed all kinds of wildlife and it was beneficial for the mining and the stewards of the land. He noted the BLM Elko District Manager had told him that their job was to do everything they could to have multiple uses upon the public land so they worked with the mining industry. He noted she told him that in the end you can still have a project even if there was habitat in the area because it can be mitigated. Commissioner Guttry stated the blanket restrictions was shutting off large areas with no birds present. Randy Brown met with the BLM several weeks ago because the Elko Motorcross area, given through a congressional order, was in a prime sage grouse area. He was informed the project would be within the 3% cap area. He stated if someone wants to mine in that area it would be difficult because the Motorcross had used a major portion of that cap. Randy Brown stated this was what was happening. He noted Commissioner Dahl alluded to that on the radio program that they were starting to see this happening right now. He stated the SFA takes those restrictions a step further. Randy Brown stated the mines didn’t get where they


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 10

were without exploration because exploration helped them develop the new mines. He stated the SFAs have locked the door on exploration and they were arbitrary. Commissioner Guttry noted in Jarbidge Quantum Minerals and Western Minerals at Midas had invested millions of dollars over the years to get to this point and this could shut the door because there would be no more development. Commissioner Steninger stated by bureaucratic action they were taking over the 1872 Mining Law and assuming the role of Congress with the SFA’s. Commissioner Guttry clarified they were told they could mine there and now they changed the laws without Congress and they have no recourse to get funding from the federal government to reimburse them so it was “a taking”. Commissioner Dahl stated it was a loophole to change the law. He stated the problem was the financers for these projects would look at that action. He noted the China Mountain Wind Project financing failed because the people financing the project were not willing to wait for two years. Commissioner Eklund stated in Long Canyon they were done with the initial exploration and they laid out the pit. He noted in the 1960’s outside of Carlin Newmont started with a small pit and they were able to expand it. Commissioner Eklund stated after September 24th Long Canyon would not be able to go beyond their existing claims. Commissioner Steninger requested they discuss this topic at their mid-March meeting. Commissioner Guttry inquired if they would reach out to the public for future topics. Randy Brown would discuss this with Commissioner Steninger to put out an agenda item on this within the next couple of weeks and they would seek public comment. MOTION: Commissioner Steninger moved to set their first Resource

Information hearing centered on the Sage Brush Focal Areas and the effects upon mining and set the tentative date for the mid-month March meeting. Commissioner Eklund seconded the motion. The motion passed unanimously.

B. Discussion and consideration of the dissolution of the Elko County Resource Information Committee. Elko County thanks its members for its work to develop parameters and topics for upcoming Resource Information Hearings.

Commissioner Steninger stated they became aware with this appointed board the Open Meeting Law prevented any two members from meeting because it constituted a quorum so it was difficult to communicate. He stated they wanted to disband the committee and turn the hearings over to the full Commission. MOTION: Commissioner Steninger moved that they disband the Elko

County Resource Information Committee. Commissioner Andreozzi seconded the motion.

Commissioner Andreozzi stated the Sage Brush Focal Areas were a vital topic to review because of the large percentage of their economy was based upon natural resources. The motion passed unanimously


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 11

Commissioner Guttry stated he had spoken to a lot of the ranchers and they were adamant that they don’t see sage grouse above a certain elevation. Randy Brown stated he had been hunting most of his life and he had seen no sage grouse above the 6,500 elevation level during the hunting season. He had seen blue grouse above the 6,500 elevation limit. He had talked to biologists and they say the sage grouse will go to those elevations during specific times of the year but not for any long period of time. It was usually as a migration path and they brood and winter in lower elevations. He stated it can still be considered somewhat of a sage grouse habitat. Commissioner Guttry believed it had to be a very small number and felt they could eliminate a lot of this area that was cut off. 2:39:44 PM:

IX. ELKO COUNTY PLANNING AND ZONING: Review of the Spring Creek/Lamoille Master Plan- Plan Area 1: In accordance with Notice 02-2016, conduct a Public Hearing on a request by Coach USA (Elko Inc.) to open the Spring Creek Lamoille Master Plan as revised 2012 for the review and possible change of zoning designation within Plan Area 1 on APN 006-30A-035 owned by ROI Elko 3 Investors LLC, from Commercial 2 to Light Industrial, for a proposed Coach USA facility. The specific request is located on the following location: A 12.401 acre parcel of land located in Section 3, T.33N., R.56E., M.D.B. & M., Elko County, Nevada, being all of Parcel No. 3 as shown on the Boundary Line Adjustment Map with File No. 702522. The general location is adjacent to and north of Ann Way and Boyd Kennedy Road in Spring Creek, Nevada. This request will change the designation of zoning from Commerical-2 (C-2) to Light Industrial for a new bus repair facility, mechanical washing and office facilities, Coach USA employee parking and guest parking for Newmont mining employees who utilize the Coach USA bus service. MOTION: Commissioner Andreozzi moved to table this agenda item.

Commissioner Steninger seconded the motion. Kristin McQueary suggested they clarify it was tabled at the request of the applicant. Commissioner Andreozzi moved to table this item based upon

the fact that it was requested by the applicant. Commissioner Steninger seconded the amendment. The motion passed unanimously.

2:40:35 PM:

XI. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager’s Office.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 12

MOTION: Commissioner Dahl moved to approve the Consent Agenda. Commissioner Eklund seconded the motion. The motion passed unanimously.

2:41:03 PM:

XII. COMMISSION AND COMMITTEE REPORTS: A. Demar Dahl, District 1 Commissioner

Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Nevada Association of Counties (NACO) Board, NACo WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, American Lands Council / Western Counties Alliance.

Commissioner Dahl had a discussion with Michael Bachman, Executive Director of the Humboldt River Basin Water Authority, and noted there would be lots of water this year that would go to Lovelock this year. He would be in Washington on the 19th of February and speak to Western Counties Alliance. He noted he would also attend the NACo board meeting and the Public Lands Steering Committee meetings. Commissioner Dahl stated they would be working on Resolutions regarding PILT and the transfer of public lands, etc. He noted the Nevada Lands Council was in the process of being organized and would concentrate upon the legislation in the House which was HR 1484 specific to Nevada calling for the transfer in two phases. He stated phase one would be 7.2 million acres of land that was already designated by the federal agencies for disposal and land within the railroad corridor. Commissioner Guttry inquired if the 7.2 million acres set for disposal included the checkerboard land. Commissioner Dahl replied it includes the checkerboard land and the railroad corridor which was the biggest part of land designated for disposal. Commissioner Guttry inquired why the agencies had not disposed of those checkerboard lands. Commissioner Dahl noted there was also many acres designed in the Las Vegas Valley designated for disposal. He stated there were 1 million acres designated for disposal that were on the books and waiting for action. He stated they have never completed the paperwork. Commissioner Dahl stated what come out of the Nevada Task Force was this land could be transferred fast if the land went to the State. He noted it was important to be able to tell the State Legislature how they would finance this transfer from the federal government to the State. Commissioner Dahl commented the land in the Las Vegas area designated for disposal was high valued land which could be sold right away to finance the transfer. He noted the largest source of income for the BLM in Nevada was the sale of land. Commissioner Dahl stated they were selling parcels under the Southern Nevada Public Land Management Act (SNPLMA) Act.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 13

He stated the legislative bill says the 7.2 million acres to be sold would exclude National Parks, National Monuments, Wilderness Areas, Indian land, military land, etc. He stated not all lands in the railroad corridor were designed to be sold but a lot of that would be blocked up to eliminate some of the problems with it being checker boarded. He noted within ten years of doing Phase 1 then Phase 2 would be the transfer of the balance of the land and the rest would remain public lands. Commissioner Guttry stated every letter to the Editor or every comment he got on e-mail from concerned hunters, fisherman, and bird watchers stated if they transfer the land the State would sell the land, the private owners would fence it off and there would be no access. He inquired why this information was not getting out to the public. Commissioner Dahl stated the new organization would inform the public that they want all the valid existing rights there today to be there after the public land transfer. Commissioner Guttry clarified what they were doing today they would be able to do after the transfer. He stated the majority of the people that oppose it do not understand that. Commissioner Dahl stated the people that oppose the public land transfer were adamant because they have figured out way to manipulate the rules on how the public land was managed under the federal agencies. He stated when you talk to people at Quantum Minerals and they discuss how the boundary lines were drawn; the non-governmental organizations were instrumental in helping redrawing the lines on Quantum Minerals and the NGO’s have a vested interest in leaving the public process the way it was. He stated there were a lot of people who do not want the land transferred to the State for those types of reasons. He noted one of the best arguments for those people were we would lose it because it would be sold. He stated the people of Nevada did not want the land sold. He noted as citizens in Nevada we would have the opportunity to go to our legislature about problems we have with the way it was being managed. He noted they can’t go to Washington now and talk to someone in Interior about it. B. Delmo Andreozzi, District 2 Commissioner

Highway Board Clerk, Nevada Department of Transportation (NDOT) Liaison, Auditorium Authority Board (ECVA), Hospital Board, Elko City Liaison, Museum Board, Regional Transportation Commission (RTC),

Railport Committee. Commissioner Andreozzi stated they held an RTC meeting today and he was now serving as the Chair. He stated the new City RTC representative was Robert Schmidtlein who was now sitting as Vice Chair. Commissioner Andreozzi reported there were continuing meetings with folks to discuss Medicare issues


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 14

and there was a meeting tonight from 6:00 to 8:00 p.m. with the working group. Commissioner Andreozzi stated he, Robert Stokes, Cash Minor and Bobbi Shanks, of the Elko County School District, met with the State of Nevada people to discuss public health. He was glad to have that line of communication open. C. Glen Guttry, District 3 Commissioner

Commission Chair / Liquor Board Chair, Highway Board Chair, Recreation Board, Railport Committee, Humboldt River Basin Water Authority, Elko Senior Activity Programs Board Liaison, Budget Committee, Veteran’s Affairs, Northeastern Nevada Regional Development Authority (NNRDA), Sheriff Department Liaison / LEPC Liaison, Fire District Committee.

Commissioner Guttry stated the Humboldt River Basin Water Authority meeting will be held on February 26th in Winnemucca. He stated they continue to get updates from Michael Bachman on water applications for stock water and irrigation that were being denied due to lack of resources and lack of water rights in closed basins. Commissioner Dahl noted they had past the deadline for their meters on irrigation wells. Commissioner Guttry stated they had their first budget committee meeting last week and it was not looking good. He stated the requests for services and personnel would be addressed in the next six weeks. He stated by then they would have better projections from the State Department of Taxation but it was expected to be flat. Commissioner Guttry stated Curtis Calder had told him that the City was expecting a flat budget. He asked Cash Minor to help them understand the unfunded mandates and the continued requests and demands for money from the County at the State and judiciary level. He asked for a print out of those requests. He noted there was $1.2 million required for the Fire Department that they had not paid for in the past and the County had no revenue coming in for that so it came from general fund monies. Commissioner Guttry noted the ending fund balance had continued to drop. He stated the new court and the court security had no revenue to support them. He wanted the Board to see what type of funding situation these unfunded mandates were putting them in. He commented Nye County was near bankruptcy. He noted there were no more revenues and the taxes cannot be raised because of the tax abatements. Commissioner Guttry stated as a budget committee person he was concerned with this budget season. D. Cliff Eklund, District 4 Commissioner

Commission Vice-Chair, Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, Budget Committee, California Trails Center Board Liaison,


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 15

Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Library Board of Trustees Liaison, School District Liaison / CIS – Communities in Schools, Nevadaworks, Debt Management Commission.

Commissioner Eklund stated the fuel spill in Carlin was over exaggerated on Facebook. He stated a truck was parked on the southeastern corner of the parking lot at Pilot and the fuel leaked out of a truck during the ice storm. The fuel leaked into a ditch across Chestnut Street to Bush Street then into a storm drain down to Tenth Street, to the railroad tracks and puddled up in the east before getting to the Maggie Creek Ranch. He noted the truck driver left so nobody knows whose truck it came from. Commissioner Eklund stated he now sat upon the oncology department board and they had a meeting yesterday. He stated they would be doing some fund raising and trying to get counselors and doctors here. He stated they have a goal to build a house for families coming in for cancer treatment so it would be a less financial burden upon the families. E. Rex Steninger, District 5 Commissioner

Spring Creek Association Liaison, Te-Moak Tribe of Western Shoshone Indians Liaison, Shoshone-Paiute Tribes of Duck Valley Liaison, Northeastern Nevada Regional Development Authority, Alt. (NNRDA), Natural Resource Management Advisory Commission Liaison, Fire District Committee, American Lands Council Alt Liaison, Sage Grouse Pilot Project, Elko County Conservation Districts Liaison, Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison.

Commissioner Steninger reported the SCA Clubhouse project water line problem was resolved and they would build this spring. He had heard from Everett from the Wildlife Advisory Board and he does not want to remain upon that board. Robert Stokes stated that position was being advertised in the paper now and he would bring that back next meeting. Commissioner Steninger has made contact with the State Engineer’s Office with regards to the water assessments. He had informed them of his questions upon the water assessments and they would call him back so he would have more information by the next meeting. 2:57:48 PM:

RECESS Chairman Guttry called a recess at 2:57 p.m. 3:05:35 PM:

RECONVENE: Chairman Guttry reconvened the meeting at 3:05 p.m. 3:05:38 PM:


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 16

X. ELKO COUNTY CODE: Sales Tax Increase: In accordance Public Notice 04-2016, conduct a Public Hearing and Second Reading of Ordinance 2016-01, entitled, AN ORDINANCE ADDING A NEW CHAPTER 14 TO TITLE 6 OF THE ELKO COUNTY CODE TO IMPOSE A ONE QUARTER (1/4) OF ONE PERCENT (1%) TAX ON THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD AT RETAIL, OR STORED, USED OR OTHERWISE CONSUMED IN ELKO COUNTY TO PAY FOR PUBLIC SAFETY NEEDS OF THE ELKO COUNTY FIRE PROTECTION DISTRICT AND ROAD IMPROVEMENT NEEDS, AND ALL OTHER MATTERS RELATED THERETO. This ordinance will raise the sales tax by ¼ of 1% for Road and Fire District infrastructure including 15 year plans for Road Improvement Projects and Fire District Equipment expenditures. Commissioner Guttry read an e-comment into the record: “I cannot get e-comments to work. I will not be able to attend the meeting on February 3, 2016, and would like the following given to the Commission: 1) South Fork is the most important road in Elko County for traffic and recreation so it should be on the top of the list”. Commissioner Guttry stated he agreed and so does the Road Department. He stated it was not on the County road plan list because has already been budgeted. Randy Brown stated that was correct it had been budgeted and we were finishing up the design process. He stated they would be ready to go on this this spring. Commissioner Guttry stated the County was able to fund that with the existing revenues so it would free up some of the monies within the original road plan. Terry Lister stated they originally made a 20 year plan and he was asked to make it a 15 year plan then when the funding was reduced to $1.5 million dollars it was again revised. He commented the Road Department would not see any money until July of 2017. He stated South Fork was, like Mr. Tipton said, was very high priority. He stated they pulled $1 million dollars from the RTC funds this year to go with the funds from the 2016-2017 fiscal year to have sufficient funds to do South Forth from the end of pavement to the causeway. He stated later in the road plan they would see Lucky Nugget to South Fork and that funding would come from the sales tax.

Commissioner Guttry clarified that would go from the causeway to Lucky Nugget.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 17

Commissioner Guttry stated the other comment was, “The City of Elko did not give any specific plan.” He believed all the cities said they would use the sales tax funds for maintenance. Terry Lister noted the City of Wells put in specific road plans and were very proactive. He would have liked to see more specific road plans but if the City of Elko wants to use the funding for maintenance they can do that then use their other funding toward bigger projects. Randy Brown stated the cities of Carlin, West Wendover and Elko all designated the funds towards general road maintenance. He noted the City of Wells had designated it to specific road projects. He stated they left enough latitude in the road plan which would be reviewed every year to identify changes. Commissioner Guttry read the next comment question: “What criteria was used to accept new roads into the system? In over twenty years at the Road Department no matter what formula you come up with Spring Creek comes out on top for population, traffic, schools, and school busses. I am sure they will consider payment reduction to take maintenance on their main parkways.” Commissioner Guttry stated Spring Creek had plenty of roads that were on the road plan. Terry Lister stated that was true but he had not spoken to Mr. Tipton and felt he was considering a reduction in the RTC payment to Spring Creek that the County makes to them of $190,000 every year. He stated there were two roads that would specifically benefit the Spring Creek Association, Pleasant Valley and Corral Lane roads. He noted upon those roads 90% of the use was by Spring Creek residents. Commissioner Guttry believed his comment about the Spring Creek Association would probably consider us taking back the $190,000 and taking over the maintenance of their main parkways which would not work for the County. Terry Lister stated they would have to increase personnel to take over their parkways because there were quite a few miles of paved roads. Commissioner Andreozzi noted that comment also discounts the fact that the investment has and would continue to be made on the fire side of infrastructure in the Spring Creek area. He stated that was the only place outside of Administrative staff that they have full time personnel plus they have apparatus bays and fire engines to serve that area. Commissioner Andreozzi stated there was a big significant portion of the infrastructure sales tax that was also supporting the fire side and that was not mentioned in the e-comment. Commissioner Guttry read the fourth statement in the e-comment: “This plan was only offered at the very last meeting to increase sales tax and had no time for public presentation or comments. What criteria was used to accept new


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 18

roads into the system.” Commissioner Guttry noted six or seven months they first came out with the powerpoint on what roads they were considering and they were presented two or three times. Terry Lister stated originally when it was asked of him to present a plan with what they could do with the existing roads and what if they could pick up some outlying roads specific areas of concern what came up was Osino and the Last Chance Road because of the high traffic volumes and no maintenance being done. Commissioner Guttry stated that answers the third question of what criteria was used to accept new roads into the system. He stated it was strictly based upon traffic counts and something to do with bus stops and high volume. Randy Brown stated this takes into consideration the many years when they had the Road Committee together. He stated they took in public comment during that six month period so there was a lot of research and data behind these roads and development of these roads. He stated it was not an arbitrary or capricious decision but based upon information they had, traffic counts, and consideration for potential growth. Commissioner Guttry stated during his first year upon the Commission and he and Jeff Williams sat upon that road committee. He stated they dug into a lot of areas with regards to revenue. He remembered talking specifically about subdivision areas and trying to figure out how they could get the people in the subdivision to form a Special Assessment District to help pay for the maintenance and it never worked out. He noted that was the only public comment and he wanted to get it into the record. He believed they addressed all of the e-comments. MOTION: Commissioner Andreozzi approved the Second Reading of

Ordinance 2016-01, entitled, AN ORDINANCE ADDING A NEW CHAPTER 14 TO TITLE 6 OF THE ELKO COUNTY CODE TO IMPOSE A ONE QUARTER (1/4) OF ONE PERCENT (1%) TAX ON THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD AT RETAIL, OR STORED, USED OR OTHERWISE CONSUMED IN ELKO COUNTY TO PAY FOR PUBLIC SAFETY NEEDS OF THE ELKO COUNTY FIRE PROTECTION DISTRICT AND ROAD IMPROVEMENT NEEDS. Commissioner Eklund seconded the motion.

Commissioner Dahl wanted to address number four of Otis Tipton’s comments. He though Otis meant the change that was made at the last meeting where they did not have public comment on the change of $500,000. He stated the public did not have an opportunity to comment upon that because it was not part of what was published and discussed.


REGULAR SESSION

FEBRUARY 3, 2016

PAGE 19

Commissioner Guttry requested clarification they would start on July 1, 2016 collecting the tax. Cash Minor replied that was correct with the timelines in the statutes it would not be effective until July 1, 2016. He noted their intent was to collect that money for a year and use the cash on a pay-as-you-go basis so they would not do any projects until after July 1, 2017.

Commissioners Andreozzi, Eklund, Steninger and Guttry voted aye. Commissioner Dahl voted nay. The motion was passed by a majority vote.

3:16:43 PM:

XIII. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS: Kristin McQueary stated she was working on the letter to the Attorney General on the Justice Court salaries and noted Marilyn Tipton had been her research assistant looking through decades of minutes for anything upon Justice of the Peace’s salaries. Commissioner Guttry had attended and worked the Cowboy Poetry Gathering last week. He commented there was a lot more volunteer spirit and they were taking the place of the paid positions. Commissioner Guttry stated the new Conference Center worked out really well. 3:19:44 PM:

XIV. COMMENTS BY THE GENERAL PUBLIC: Sheriff Pitts stated the Sheriff Department and the Elko Police Department would be hosting the Nevada Sheriff’s and Chief meeting on February 17 & 18 and the Attorney General would be in town having a summit on law enforcement. He stated the meetings were in the new Convention Center meeting room. Sheriff Pitts stated he would be doing the Polar Plunge on the 20th of February at the outside swimming pool. He stated there would be a mine tour during the Attorney General’s summit and a tour of Jeff Williams’ museum. He stated this Attorney General had the initiative to hold summits with law enforcement. 3:21:34 PM:

XV. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 3:21 p.m. APPROVED, GLEN GUTTRY Chair ATTEST: MARILYN TIPTON, Deputy Clerk

elko county board of commissioners 03 16.pdf · 2019-06-10 · elko county commission regular...

Documents