elko county board of commissioners · dispatch centers. he stated ndf were thinking of putting...

Elko County Board of Commissioners

Commissioners Demar Dahl

Grant Gerber Glen Guttry

Charlie Myers R. Jeff Williams

Elko County Manager Robert K. Stokes

STATE OF NEVADA ) COUNTY OF ELKO ) ss. JUNE 19, 2013 The Board of Elko County Commissioners met in regular session on Wednesday, June 19, 2013, 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, Chair

Demar Dahl Grant Gerber Charlie Myers R. Jeff Williams County Manager Robert Stokes CFO/Asst. Mgr. Cash Minor

Planning/NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Library Director Jeanette Hammonds Sheriff James Pitts Treasurer Erickson

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

Allegiance. Commissioner Mike Lemich from White Pine County was welcomed by

Chairman Guttry.

1:31:40 PM: I. COMMENTS BY THE GENERAL PUBLIC: Harry Botsford reported the Elko Amateur Radio Club will participate in the National Field Day this weekend on Saturday and Sunday and produced a radio flyer advertising the event. He invited the Commission to attend the event.

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JUNE 19, 2013 PAGE 1

John Elliott, NDOW Eastern Region Fishery Supervisor, informed them the drought had impacted the Wild Horse Reservoir and it was currently sitting at 34% capacity. He stated the Duck Valley Tribe believed they would be taking the lake down to 20,000 feet. The Tribe would stop running water on the 30th of June and take more water again in August. He stated July and August were the critical periods for trout. John Elliott gave an overview of the event in August 2007 when they had a major trout die off due to water temperatures and high algae blooming. John Elliott stated NDOW put together a justification and the NDOW Director would go to the Governor to list the trout limits until October 15, 2013. He stated the trout fishing in Wild Horse usually had a harvest at 18% of fish over 17 inches and this year it has been 61% harvest of fish over sixteen inches. He hoped the public could reduce the biomass by August because they may only have 15,000 feet left in the lake. He commented the dead pool was at the 5,000 feet level. John Elliot reported that Willow Creek Reservoir has also been impacted by the drought. He stated the ranch would take more water in July so they may take some of the crappie fish to the Chimney Reservoir over in Humboldt County. John Elliot stated they started a project in 2007, cleaned out the ditch and they wanted to deepen the dead pool. He noted the State Engineer informed them they had to fix the dam before they could store water so now instead of a $90,000 project it was now approximately a $400,000 project. Chairman Guttry stated they had received a note from Jeff Peterson. John Elliott stated the plans for the dam repair at Jiggs was in the State Engineer’s office awaiting approval. He stated most of the funding would come from Question 1, some funding would come from trout stamp monies, and Newmont had pledged some funding. He inquired if Elko County could pledge some funding for the Jiggs project. He stated the Zunino Reservoir was a popular fishery for the kids. Commissioner Dahl inquired if there would be water in it this year. John Elliott stated they hoped to have it stocked by next year. Chairman Guttry stated this would go before the Budget Committee. Mike Lemich, White Pine County Commissioner, commented that in his discussion with the Commissioners he believed White Pine and Elko County had a lot in common such as sage grouse, railroads, etc. He hoped they have a better association with Elko County 1:38:54 PM: II. MILO V. PRICE PROCLAMATION: Discussion and consideration of PROCLAMATION 2013-G, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS PROCLAIMING A MEMORIAL IN HONOR OF MILO V. PRICE.

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 19, 2013 PAGE 2

MOTION: Commissioner Myers moved to approve PROCLAMATION NO. 2013-G, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS PROCLAIMING A MEMORIAL IN HONOR OF MILO V. PRICE. Commissioner Dahl seconded the motion. The motion passed unanimously.

Commissioner Guttry read the Proclamation into the record. Dee Price accepted the Proclamation from the Board. She thanked the Commission for the recognition of Milo Price. 1:42:23 PM: III. ELKO COUNTY BOARD OF EQUALIZATION: Discussion and consideration of a Plaque of Appreciation to Walt Leberski for over three decades of dedicated service on the Elko County Board of Equalization, several years as the Chair. Katrinka Russell stated Walter Leberski could not be present today. Commissioner Gerber asked this be continued to July. He stated Walter was very humble and felt he should be here. He noted Walter was involved in the rodeo and the fair and had done so many good things for the community so this was a minor token. MOTION: Commissioner Myers moved to approve a Plaque of

Appreciation to Walt Leberski for his service on the Elko County Board of Equalization. Commissioner Gerber seconded the motion. The motion passed unanimously.

1:46:21 PM: IV. ELKO COUNTY FIRE PROTECTION DISTRICT: A. Discussion, consideration and update on Fire Protection District issues and activities including a wildfire activity report and wildfire season projections. Pete Anderson, NDF State Forester, gave them a synopsis of the wildfire protection program. He stated they were now executing contracts for the statewide voluntarily/participatory program. He noted Nevada faced a significant fire challenge and it continues to grow. He stated wildland fire was impacting the habitat, the agricultural, livestock, wildlife, and industries, etc. Pete Anderson commented upon the support they received this year during the legislative session and under statute they developed an interactive statewide program for all counties. He noted due to the drought and the beetles there was an extension of the wildland fire suppression season to year around. Pete Anderson stated the wildland fire program would address fire prevention, fuels management, fire suppression, and rehabilitation and was designed to fill federal gaps and allow local jurisdictions to focus on all-risk. He stated they planned on putting together



engine/aircraft and hand crews together in modules and move those units around the State with the fire season. Pete Anderson stated they analyzed every county within the state with regards to the amount of private land, the vegetation types, fire history and occurrence, current population, asthmatics and values at risk, the county’s initial attack capability, and local ongoing fuels reduction work. He stated from that they built the risk based assessment for each of the counties. Pete Anderson stated the benefits of the local participation were: the State would provide access to the emergency account; NDF resources may assist participating jurisdictions with other emergencies which threaten human life and property at no cost (floods and earthquakes); increase availability of suppression forces; enhance fuels reduction; improved restoration of burned area; incident management assistance; training; and public education. Pete Anderson stated in Elko County they had very well organized working volunteer fire departments. He informed them of the rangeland fire protection association concept spreading across the west which was currently in Oregon and Idaho. He stated if a County did not have sufficient volunteers they could call upon the militia to strengthen the initial attack. He displayed the listing of County assessments based upon the risk items. He noted Douglas and Washoe Counties both had fire departments that were standalone from the County so that risk analysis was broken down for each of the two districts to get a total. Pete Anderson stated fourteen of the counties had signed on for the coming year. He believed they would have standardized agreements with their federal partners and improve the cooperation and sharing of their equipment. Pete Anderson stated they hoped to coordinate initial attack and suppression capabilities within the state. He stated they have to get on board with the federal land managers to get the fuels reduction and land rehabilitation projects coordinated especially when facing the sage grouse issue. Commissioner Myers inquired if they would have dispatch year around. Pete Anderson replied yes, the Division of Forestry would continue to maintain dispatch services. He stated in 2008 and 2009 they consolidated their dispatching into Elko with a seasonal dispatcher in Minden. He stated the federal partners were considering going to a smaller number than the five interagency dispatch centers. He stated NDF were thinking of putting their dispatching capabilities back into those dispatch centers as this program comes on. Commissioner Myers inquired about the mobile units and if the federal partners were buying into the fuel reduction programs. Pete Anderson stated the modular concept was to better to pre-position resources across the State. He stated if resources were out of state or on other fires then they would fill the gaps to have a strong initial attack. He believed the agricultural or mining industries could be trained to help on initial attacks within their area.


Commissioner Guttry noted the fire was pretty early in Colorado Springs and inquired if that was indicative of what to expect throughout the west. Pete Anderson replied yes because of the small snow pack across the State and any ignition has the ability to grow fast. He noted the Sierras were dry and they did not have winter after the 1st of January. He commented the California fires usually do not happen until the fall. Commissioner Williams had heard the lack of growth in the spring it would lessen the intensity of fire danger. He inquired if they would station less people and equipment here in Elko County. He inquired what would help them out in stationing things here with regards to their concern for the sage grouse. Pete Anderson believed there were sufficient fuels on the ground from past summers to have a fire season and from the middle of July through August had a high potential for large fire growth. He stated the National Guard was committed to three shifts despite their deployments overseas. MOTION: Commissioner Gerber moved that they recommend that this

(slide presentation) be changed so that bullet number 1 on page 2 “Nevada faces a significant wildland fire challenge” is lack of grazing, lack of logging and lack of woodcutting as the cause.

He suggested they pass a Resolution to request that NDF change the slide presentation to include that information on their presentation as they pass it out. Commissioner Gerber stated the premiere way to reduce fuels was through grazing until the BLM and the Forest Service started reducing grazing. He stated the chart indicates over 52% of the acreage burned occurred in the 1990’s and now in the 2000’s there were a tremendous amount of fires. Kristin McQueary stated they would have to agenda that motion for the next agenda because this item was only for an update. Commissioner Gerber withdrew his motion. Pete Anderson stated their greatest challenge was fuels build up whether it was caused by beetle kill, drought induced, lack of livestock grazing, and lack of harvesting for merchantable logs. He believed every State had the same issues. He believed they had to get back to active management in concert with private land managers, federal land managers, etc. Commissioner Guttry clarified that there were several slides in the NDF presentation wherein fuel reduction was mentioned and they could list grazing as a tool. Pete Anderson stated they were also promoting green strips and other forms of protecting sage brush habitat. He stated livestock could play a role in maintenance of those green strips.



Commissioner Williams noted years ago they spent money on green strips around Ryndon and Osino but had not maintained them so now there was a bigger fire danger with weeds and cheat grass coming up in the green strips. B. Discussion and consideration of declaring fire / burn restrictions due to conditions that foster wildfires including consideration of additional measures in order to protect the public from wildfires, such as restrictions on fireworks, exploding targets, etc. Tim Woolever, NDF FMO understood they did not need to be listed on agenda but clarified this would deal with local burning and the issuance of the burn permits. He stated they would be enforcing these restrictions locally soon. Tim Woolever stated they utilize the local weather office meteorologist for prediction of the fire season. Commissioner William stated they had covered exploding targets which cause fires over the past several years. He suggested they give the public some places where they could utilize the exploding targets then they would not take them to public lands and start fires. Tim Woolever stated the verbiage dealing with exploding targets would be added to the restrictions when the federal partners agree with the restrictions. Commissioner Williams stated the steel core ammunition and tracer type ammunition should be included in the burn restrictions. Robert Stokes commented the Commission gave NDF authority to determine when the burning restrictions should be initiated and appreciated the notification to the Commission. Mike Fitzsimmons, Warning Coordinator and Meteorologist for the National Weather Service in Elko, Nevada, gave a slide presentation on the precipitation outlook for the summer of 2013. He stated Ray Martin the Climatologist had put together the presentation. Commissioner Dahl inquired about the location of the monsoons and how far west they would come into Nevada. Mike Fitzsimmons stated some may came up from Arizona in July as far west as White Pine County. He stated Tonopah had monsoons last year. Commissioner Guttry stated they have been below normal precipitation all the time. Tim Woolever stated they had a controlled burn scheduled in Medicine Creek at the beginning of last month and the fuels were primed for fire. Tim Woolever reported the fuels project in Jarbidge was complete on the federal 15 acres and on 50 acres by the NDF on the private side. He stated they maintained an old fuel break and established a new fuel break. 2:27:49 PM:


V. ELKO COUNTY ASSESSOR’S OFFICE: A. Review, consideration and possible authorization to begin the process of readdressing certain properties in the County of Elko and matters related thereto. The E911 addressing project which included geocoding road centerlines and creating address points has been completed. It has identified several areas in the county that do not conform to current addressing standards. We need the authorization of the board to readdress those locations and notify the affected residents and/or businesses of those changes. Katrinka Russell commented this would give them more information and they would be coordinating with Planning and Zoning. She wanted to make the Commission aware of this because 20 to 30 people would be impacted and they may receive phone calls. MOTION: Commissioner Dahl moved to give authorization to begin the

process of readdressing certain properties in the County of Elko. Commissioner Myers seconded the motion.

Kristin McQueary inquired where it was readdressing. Randy Brown replied in the Spring Creek areas. Katrinka Russell stated they were correcting road names because E911 had to be very specific with state and county road numbers in the rural areas.

The motion passed unanimously. B. Discussion and consideration of additional imagery work via Pictometry to be done in the fall of 2013. The County has a six year contract with three flights to be done every two years. However, current aerials are needed since there has been so much construction activity in the last year. Katrinka Russell informed them this contract was for six years with a fly-over every two years. She stated the city wanted to do updated areas and they would fly-over the Mountain City Highway west to the Humboldt County border and down to I-80. She stated this would eliminate her asking for another appraiser so they can do work in the office. She commented there was funding in the budget for the fly-over. Commissioner Myers asked about the cost. Katrinka Russell replied $52,440. Robert Stokes stated a portion of that would come from the technology budget. MOTION: Commissioner Myers moved to approve the additional imagery

work via Pictometry. Commissioner Dahl seconded the motion. Commissioner Williams inquired about privacy issues. Katrinka Russell stated they color people and vehicle license plates out of the pictures.



The motion passed unanimously. 2:35:48 PM: VI. ELKO COUNTY LOCAL EMERGENCY PLANNING COMMITTEE (LEPC): Discussion and consideration of activities and issues related to the ongoing operation of LEPC including possible approval of HMEP Grant and approval of Terri Dillon as the LEPC Secretary. Mick Hecht introduced Terri Dillon. He corrected the verbiage in the agenda to HME “P” grant rather than a HMER grant. He stated the $13,000 was for chemical identification training for 12 people and was hands on training with no cost to the County. MOTION: Commissioner Williams moved to approve the HMEP Grant.

Commissioner Dahl seconded the motion. The motion passed unanimously.

Mike Hecht requested approval to apply for an annual fully-funded grant to send people to the Reno fire shows for HAZMAT medical training. Kristin McQueary recommended the County Manager give his approval and then put it upon the next agenda for ratification or for approval depending upon the application deadline. MOTION: Commissioner Myers moved to approve Terri Dillon as LEPC

Secretary. Commissioner Williams seconded the motion. The motion passed unanimously.

Commissioner Guttry requested that the other grant application authority be placed upon the next agenda for approval. Mike Hecht stated Rich Perry would give a presentation at their next LEPC meeting on the 8th of July. He stated Karen Johnson of the State Emergency Response would be reviewing the hazardous plan mitigation update at that meeting also. 2:41:33 PM: VII. ELKO AREA TRANSIT SERVICE:

A. Update status on transit including grant awards and donations to the Elko Area Transit Service.

Abigail Wheeler, Elko County Transit Coordinator, publicly thanked her community support group and the county staff for giving their assistance to her. She stated they had received two grants, one from Union Pacific who contributed $5,000 and Wal-Mart who contributed $250.00. She commented that in September there was concern about the hours and in November 2012 they cut the hours of operation in half but delivered the same number of clients by efficiency of the operators. They increased their on-time performance from 85% to 92%. Abby Wheeler stated the transit manager, who also manages White Pine County transit, set up the system and trains the employees. She stated it ELKO COUNTY COMMISSION REGULAR SESSION JUNE 19, 2013 PAGE 8

was required by their Aging and Disability Grant to have client registration for seniors. Abby Wheeler reviewed their 2014 goals of four dedicated times for Spring Creek pickups and the issuance of their RFP with a deadline of June 15, 2013. She stated they would be limiting trips to Ryndon and Osino to Wednesdays only starting in October. Abby Wheeler stated in July they would like to remove barriers of ridership and in October add same day service. She was working on marketing and partnering with service agencies because they would see their ridership improve and they could gather more grants. B. Discussion and consideration of the adoption of a new name for the service. Abby Wheeler stated last year they collected name suggestions from the public. She stated the committee last week met and reviewed the name suggestions and the artwork for the new log. She publicly thanked the contributors to the name change and contributors of the grants. MOTION: Commissioner Myers moved to adopt the new name of (Greater

Elko Transit) GET My Ride. Commissioner Williams seconded the motion.

Commissioner Guttry commended her on the increase in efficiency. Abigail Wheeler voiced appreciation to the transit manager who does the logistical side of the operation. The motion passed unanimously. 2:53:45 PM: RECESS: Chairman Guttry called a recess at 2:53 p.m. 3:05:01 PM: RECONVENED: Chairman Guttry reconvened the meeting at 3:05 p.m. 3:05:08 PM: VIII. ELKO COUNTY TREASURER’S OFFICE: A. FY 2013-2014 Tax Rate Approval: Consideration of approval of RESOLUTION NO. 05-2013, entitled: A RESOLUTION TO LEVY TAX RATES FOR THE COUNTY OF ELKO, STATE OF NEVADA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, PURSUANT TO NRS 361.460. Rebecca Erickson, Treasurer, commented this was an annual action. MOTION: Commissioner Williams moved to approve RESOLUTION NO. 05-

2013, entitled: A RESOLUTION TO LEVY TAX RATES FOR THE COUNTY OF ELKO, STATE OF NEVADA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, PURSUANT TO NRS 361.460. Commissioner Myers seconded the motion. The motion passed unanimously.



B. Discussion and consideration of approval of amendments to the County Treasurer tax roll to strike off tax amounts that are deemed uncollectible. Rebecca Erickson stated this was performed annually to correct clerical errors, errors in assessment, etc. MOTION: Commissioner Myers moved to approve amendments to the

County Treasurer tax roll to strike off tax amounts that were deemed uncollectible. Commissioner Gerber seconded the motion. The motion passed unanimously.

3:07:07 PM: IX. TOWN OF JACKPOT: Chairman Guttry called the Jackpot Town Board to order at 3:07 p.m. Discussion and consideration of approval of an engineering professional services agreement with Atkins North America, Inc. for the road project to overlay Pond Drive to the transfer station, chip seal specifications for Lady Luck Drive and regrade/repair of cross drainage at the intersection of Lady Luck Drive and Ace Drive. Lynn Forsberg stated they had the proposal from Atkins and would save funding because they were already on location paving at the airport. He noted Debbie Armuth said this had to come from the Jackpot ad valorem capital project fund. Commissioner Williams inquired if they address the cross draining would it eliminate the flooding issues they experienced last year. Lynn Forsberg explained there was an area settling at the intersection of Ace Drive and Lady Luck so they would raise that section. He stated in the 2014 budget they budgeted for a study on those drainage problems. MOTION: Commissioner Williams moved to approve an engineering

professional services agreement with Atkins North America, Inc. for the road project to overlay Pond Drive to the transfer station, chip seal specifications for Lady Luck Drive and re-grade/repair of cross drainage at the intersection of Lady Luck Drive and Ace Drive. Commissioner Dahl seconded the motion. The motion passed unanimously.

Chairman Guttry adjourned the Jackpot Town Board at 3:10 p.m. 3:10:22 PM: X. MONTELLO TOWN BOARD: Chairman Guttry called the Montello Town Board to order at 3:10 p.m. Discussion and consideration of the appointment of Jana Haberman to the Montello Town Advisory Board as recommended by the Advisory Board. Robert Stokes requested this be delayed to July to give Mrs. Haberman time to change her driver’s license.


MOTION: Commissioner Myers moved to table the appointment of Jana Haberman to the Montello Town Advisory Board. Commissioner Dahl seconded the motion. The motion passed unanimously.

Chairman Guttry adjourned the Montello Town Board at 3:10 p.m. 3:10:43 PM: XI. AMERICAN LANDS COUNCIL: Discussion and consideration of update on activities related to the American Lands Council including discussion of the plans to implement AB 227 - Creates Nevada Land Management Implementation Committee to study the transfer of public lands to the State. Any financial requests will be required to be on a successive agenda. Commissioner Dahl would discuss this on the next agenda. 3:10:59 PM: XII. ELKO COUNTY DISTRICT ATTORNEY’S OFFICE: Discussion and consideration of approval of a Settlement Agreement and Mutual Release of Claims between Elko County, Elko County Sheriff, Elko County Deputy Sheriff’s Association and David Prall in the amount of $15,139.07. Kristin McQueary stated the Association and Mr. Prall approached them about a settlement with a portion going to PERS and he would resign. Kristin McQueary explained he resigned because of his age and they recommended approval. This had been in consultation with the Sheriff, the Undersheriff and the County Manager. MOTION: Commissioner Myers moved to approve a Settlement Agreement

and Mutual Release of Claims between Elko County, Elko County Sheriff, Elko County Deputy Sheriff’s Association and David Prall in the amount of $15,139.07. Commissioner Dahl seconded the motion. The motion passed unanimously.

3:12:44 PM: Chairman Guttry relinquished control of the meeting to Wildlife Chairman Myers at 3:12 p.m. XIII. WILDLIFE MANAGEMENT ISSUES: Sage Grouse Management Issues: A. In accordance with the Elko County Greater Sage Grouse Management and Conservation Strategy Plan, additional discussion, consideration and update of the Pilot Projects on the Devil’s Gate Ranch east of Elko, Nevada and on the South Fork Band Reservation at Lee, Nevada. Commissioner Gerber had spoken to Lou Ann Adams and the pilot project was doing well in Utah. He had met with Wells Rural Electric who stated the sage grouse were causing them great difficulty and they were cooperating on the pilot project. He noted Ken Bowler made a presentation to the Wells Rural


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Electric Board last Friday. Commissioner Gerber stated the power line going to Barrick on the western side of the County was costing them additional money due to sage grouse requirements placed upon them by the BLM. He had spoken to a representative of Mountain Wheeler Power and they were looking at large problems due to the sage grouse. Commissioner Gerber stated on the US Fish and Wildlife Service list of 15 threats, the number 2 threat was infrastructure which meant power lines and roads. He believed they would hear from other power and utility companies. He suggested they invite the power company to make a presentation to the Commission in the future. Commissioner Myers agreed and suggested they invite Mark Jensen to give an overview of the discussion paper that went out regarding the sheep eyes being pecked out by ravens. Commissioner Dahl noted they stress the importance of ravens utilizing perches to find the sage grouse. He questioned why they think the ravens can’t see leks when flying. Commissioner Williams had built several power lines over the years and the biggest costs to the power companies would be to move the power lines. He stated they could put fixtures on the poles to eliminate the birds from perching on the poles but it was costly when they have to move the poles from the lek areas. The Board held a discussion upon the studies that may have been performed on the raven use of the poles as a perch. Commissioner Myers requested Randy Brown do a FOIA for that information on studies of perches being an additional threat specifically to power lines. Commissioner Williams noted they were doing things to control the wild horse population but nothing for control of the raven. He noted the population could not be sustainable at its current rate of growth. He suggested they invite Ted Koch with US Fish and Wildlife Service to discuss the evidence or studies on the power lines. Cliff Gardner had pursued information from the BLM with regards to sage grouse striking fences. He commented the studies were done in Wyoming and questioned the credibility. Cliff Gardner noted there was a scientific paper wherein they recorded a large number of strikes of sage grouse hitting fences. He stated additional study of marking fences showed reduction in strikes. Cliff Gardner had received copies of notes of BLM people traveling throughout the state substantiating they saw sage hen hit the fence. He had been considering a survey of ranchers and cowboys showing no sage hen hitting a fence. He believed they should counter the rhetoric. Commissioner Dahl noted he had ridden thousands of miles of fence and never saw sage hen dead due to running into a fence.


Cliff Gardner had been attending the Nevada Sagebrush Ecosystem Council meetings and had requested they create a depository of science supporting these mitigation issues they were citing. He believed the council should substantiate the scientific data. Commissioner Dahl agreed because then the data would be available to everyone. Cliff Gardner believed Tim Rubald would gather that data and he had submitted information to him so the public could view the data. Commissioner Williams commented he had seen one sage hen hit a fence. It was when they were hunting and it flew into the fence. He stated years ago when they built fence for the BLM they did not use t-posts with white tops so the fence would not stand out. He stated now the BLM wants the tops marked. He stated if a sage grouse hits a fence then the predator would pick them up so they would not always know. He believed there was a small amount of birds killed on the fence compared to the 90% predation on nests so the fence contacts should not be an issue. Commissioner Dahl suggested they write a letter to the Nevada Sagebrush Ecosystem Council asking them to create a depository for the scientific data. B. Presentation by Randall Stoeberl regarding the impact of Red Fox predation on Sage Grouse and the benefits of predator control activities on sage grouse populations. Randall Stoeberl felt the State of Nevada was far behind what Utah has done with regards to sage grouse. He commented there had been reintroduction of sage grouse in Strawberry Valley. In the wintertime, he trapped red fox, coyotes, badgers and skunks for the last four years in the Strawberry and Uinta Valley areas. Randal Stoeberl said the red fox was the #1 predator of the sage grouse there and previous to trapping them they poisoned the dens for the sage hen to be successful on their leks. Randall Stoeberl stated the red fox seek out adult birds, ground nesting birds, eggs, the chicks, etc. He reported upon the number of foxes he had taken in Utah within a small time frame. Randall Stoeberl noted there were certain areas in Nevada around Devil’s Gate, Wells, and the Ruby Mountains where red fox had grown in population. He stated at Lee Livestock he had trapped 22 red foxes. He reported in Independence Range, at Tuscarora and at the mines there were a large number of red fox. Randall Stoeberl cautioned if sage grouse population became a problem the mine exploration and expansion may be shut down which would hurt our economy. Randall Stoeberl would bring in a small presentation on the 10th or 11th of July of what he had done in the past at Utah.


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Commissioner Williams believed the badger and coyotes kill to sustain their hunger and to feed their young but understood the fox continues to kill for the sake of killing. Randall Stoeberl noted the red fox would keep killing if the sage grouse population was strong and stashes their kill for leaner times. He stated when they were fat and happy they would not kill. Commissioner Dahl inquired where the red fox come from. Randall Stoeberl stated the fox came in from Utah and in Jarbidge and Mountain City areas, they came in from Idaho. Commissioner Dahl stated in 2001 he first saw the red fox on his property. Randall Stoeberl had been trapping red fox on the Howell property and it was imperative to trap them to save the sage grouse population. Commissioner Guttry inquired if the pelts were worth anything and do they carry rabies. Randall Stoeberl stated he loved the fox but they do carry diseases. He commented currently in Utah the red fox were carrying mange mites but by controlling populations it makes for a healthier population. He stated the distemper wiped out the population of red fox in northern Utah. He stated there was not a strong market for the fur. Commissioner Dahl noted that if they had foxes they did not have badgers and less coyotes which killed calves. Randall Stoeberl first saw red fox as a youngster in Colorado, and a government trapper taught him how to trap red fox. He trapped red fox in high school and studied red fox especially the genetics in college. Randall Stoeberl studied geology to support himself while he studied the red fox. Randall Stoeberl stated the coyote needs a bigger habitat and bigger game. The red fox takes over little niches in big burns because they can feast on birds, grasshoppers, mice, cottontails, etc., and can survive in higher elevations. He stated at Cortez they saw nothing but red fox. Commissioner Williams noted they were not hearing red fox issues from NDOW. Randall Stoeberl stated at the mining corridor in Carlin he was trapping for red fox. He stated trapping was the best way to manage predators. 3:49:48 PM: Chairman Guttry regained control of the meeting. XV. COMMISSION MEETING CALENDAR: July 10 & 11, 2013 -- Nannini Admin Bldg., Suite 102 – 1:30 p.m. July 24, 2013 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. August 7 & 8, 24, 2013 -- Nannini Admin Bldg., Suite 102 – 1:30 p.m.


MOTION: Commissioner Myers moved to approve the Commission Meeting Calendar. Commissioner Dahl seconded the motion. The motion passed unanimously.

3:50:31 PM: XVI. CONSENT AGENDA: A. Presentation and review of claims for approval B. Approval of Minutes: 1. April 4, 2013 and 2. April 17, 2013 MOTION: Commissioner Dahl moved to approve the Consent Agenda.

Commissioner Myers seconded the motion. The motion passed unanimously.

3:51:00 PM: XVII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes stated the information on Zunino Reservoir would go to the budget committee and asked that if they have any more information on that project to let him know. Commissioner Dahl stated Attorney Mark Ward, for the Utah Association of Counties, spoke to him about the Utah legislative bill to prevent the Forest Service and the BLM from enforcing Utah law. He reported they have been sued by the federal government and were going to court. He had discussed this with Jeff Fontaine at NACO. In light of what was happening in this County, they should put it on agenda for the next meeting. Commissioner Myers asked if Western Counties Alliance were participating and received a negative response. Commissioner Myers stated Nevada was still hosting meetings at the state level and felt they were really in a bad situation with nothing on the ground. He had spoken to Tony Wasley on Friday about the trout issue and he supported the opening of the limit requirement at Wild Horse. Commissioner Myers commented one member of cab was resigning and now the makeup of the board was changed so they can appoint a member at-large. He stated Everett Wisner agreed to sit on the board instead of Matt from Newmont, he had been the alternate. Kristin McQueary stated she would out of the office Friday morning and back on the second of July. She noted if they had an emergency, please call Jennifer Spencer. Commissioner Guttry stated they were doing their first cutting of hay at Union Pass Ranch for the first time in over hundred years. 4:00:00 PM: XIV. ELKO COUNTY PLANNING AND ZONING: A. Variance Request Appeal: In accordance with Public Notice 14-2013 conduct a Public Hearing for a Variance Request Appeal submitted by Ruby Vista Ranch, LLC. An appeal was


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received regarding the denial of a request of a variance to reduce the minimum size of parcels from 6,000 sq. ft. to 5,000 sq. ft. and reduction of the side yard from 5 ft. to 0 ft. The property described as follows: A 55.85 acre parcel of land located in Section 3, T.33N., R.56E., M.D.B&M, County of Elko, Nevada, within a 1,442.60 acre parcel with a general location of west of intersection of SR 227 (Lamoille Highway) and Boyd Kennedy Road. John Kingwell stated this was heard on the 16th of May by the Planning and Zoning Commission and was denied. He stated the variance request was identical to the ranch request in 2008 on another location. He commented the proposed units were very similar and this current request was brought about by the roundabout proposed for SR 227 at Boyd-Kennedy Road which caused a redrawing of the zoning districts in the Valley Vista Ranch project. John Kingwell reviewed the locations of the variance request and the reason given for the request for the variance. He explained there were three excused absences upon the Planning Commission. Commissioner Guttry commented they could remand this back to the Planning Commission for a second look and an in-depth review. John Kingwell stated it could be remanded back before a full board and they could present a through past history. Commissioner Guttry did not want to overturn the Planning Commission’s decision unless there were strong reasons. Commissioner Dahl inquired what the implication would be on the project’s progress if they send it back to the Planning Commission Commissioner Myers stated they could have a similar vote and it would be set back another two months. Commissioner Williams noted staff recommended approval. John Kingwell noted the same application was presented in 2008. He noted the change now was the location change. He stated it was approved once before. Kristin McQueary clarified that the staff writes their report before the hearing then the Planning Commission votes upon it; the staff report did not counter the Planning Commission’s vote. John Kingwell noted the County Commission could remand it back to the Planning Commission or overturn their vote Commissioner Myers noted prior to going to the Planning Commission the staff approved it and maybe the Planning Commission was not informed so it was not approved. Commissioner Guttry asked if the applicant had a time constraint and asked if applicant was present.


Ken Crater, Ruby Vista Ranch LLC., owner and developer, stated he submitted a previous application several years ago and that variance was recommended for approval by the County Commission. He commented because of the jurisdictional issues with the Army Corps of Engineers and EPA they had wetlands near where they planned to put the main access across from the High School. He stated they had to relocate the roundabout north to satisfy the issues with the Environmental Protection Agency which was a two year process. Ken Crater stated they had to relocate some of the lots north to get them out of the wetlands. Ken Crater did not believe the County has ever had projects similar to theirs where they were bringing in natural gas, building a wastewater treatment facility, and working with Spring Creek Utility to have a community water system. He stated the area was good for smaller type lots because it was next to the proposed park and commercial property so it would be a walkable community. Ken Crater stated it was zoned as multifamily so it would allow them to do duplexes or 5,000 square foot lots to provide more housing options within the Ruby Vista Project. He encouraged them to approve it tonight due to financing options and gathering of letters of intent. Ken Crater stated he would work with the Planning Commission if it was remanded back to them. Commissioner Dahl inquired if the smaller lot size was the reason for rejection. Ken Crater believed that was the main reason but there were issues with the smaller membership of the board present at that meeting also. He noted several motions failed and they had to confer with District Attorney’s representative on whether the Chairman could make a motion. Commissioner Williams suggested they remand it immediately to the Planning Commission so the developer would not lose an extensive amount of time. Ken Crater recognized the authority of the Planning Commission and had worked hard with the community to gather support of project. He and his partners had confidence in Elko County’s economy; John Kingwell stated July 18th was the next Planning Commission meeting date. Commissioner Myers was not in favor of delaying this project because of the housing issue within the county and they have a viable project developer. He stated there were so many motions and there were three members absent but they should not let the County come to a standstill. Commissioner Dahl agreed with Commissioner Myers and noted this had been approved previously. Chairman Guttry called for public comment.


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Patricia Moon, an adjacent landowner, voiced concern upon the size of the lots and commented the traffic problem would increase. She noted they were experiencing a drought and thought the water situation should be considered. MOTION: Commissioner Myers stated that under Notice 14-2013 the public

hearing was conducted and he motioned that we overturn the Planning Commission and that we allow the request of a variance to reduce the minimum size of parcels from 6,000 sq. ft. to 5,000 sq. ft. and reduction of the side yard from 5 ft. to 0 ft. The property described as follows: A 55.85 acre parcel of land located in Section 3, T.33N., R.56E., M.D.B&M, County of Elko, Nevada, within a 1,442.60 acre parcel with a general location of west of intersection of SR 227 (Lamoille Highway) and Boyd Kennedy Road.

Commissioner Myers stated his rationale was this project was approved once before; the developer had no control over what the EPA or the Army Corps of Engineers did; and the Planning Commission lacked three commissioners at the time of the vote. He stated to address Ms. Moon’s concern they were already working with Spring Creek Utility Inc., to get more wells in the area and would help with the costs. He commented it was important to move ahead with housing projects that have been pre-approved. Commissioner Dahl seconded the motion. Commissioner Williams stated this was not a time sensitive situation and felt it should be remanded to the Planning Commission. Commissioner Guttry stated if it had not been a 3-2 vote and three absent from the Planning Commission then he would have been in favor of the project.

Commissioners Myers, Dahl and Gerber voted aye. Commissioners Guttry and Williams voted nay. The motion passed by 3-2 majority vote.

4:21:00 PM: B. Public Hearing - Right of Way Vacation Request: In accordance with Public Notice 15-2013 conduct a Public Hearing for a right of way vacation request submitted by James L. Schennum for the vacation of a portion of alleyway located on South Street in the Moffat Addition to the Town of Gold Circle, Nevada including adoption of Resolution 06-2013 if the vacation request is approved. The vacation is further described as follows: A parcel of land located within the E1/2 SE1/4 of Sec. 20, T. 39 N., R. 46 E., M.D.B. &M., Elko County, Nevada, being that portion of the South Street right of way easement adjacent to Lot 1of Block 6 extending to centerline of the right-of-way as shown on the Official Map of the Moffat Addition to the Town of Gold ELKO COUNTY COMMISSION REGULAR SESSION JUNE 19, 2013 PAGE 18

Circle as filed in the Office of the Elko County Recorder, Elko County, Nevada as Document No. 323 and; A parcel of land located within the E1/2 SE1/4 of Sec. 20, T. 39 N., R. 46 E., M.D.B. &M., Elko County, Nevada, being that portion of the South Street right of way easement adjacent to Lot 24 of Block 6 extending to centerline of the right-of-way as shown on the Official Map of the Moffat Addition to the Town of Gold Circle as filed in the Office of the Elko County Recorder, Elko County, Nevada as Document No. 323. The owner of said land is Elko County. John Kingwell stated this was located in Midas. On May 16, 2013, the Planning Commission vote 4-0 with three members vacant in favor of the alleyway vacation. He stated they received no negative comments. He noted the Elko County was the local governing entity of Gold Circle as a townsite. He stated the street was not developed and terminates at private property. He stated the private property owner accesses his property by Bridge and Second Streets. He stated South Street does not provide access due to its typography and drainage ditch into the street. John Kingwell stated the applicant owns multiple lots along South Street that was not developed. He said the alleyway serving South Street was undeveloped at this time. He noted the request was for 6,000 square feet; the width of South Street was 60’ and applicant would be entitled to apportionments of 30’ x 100’ each. He commented the request complies with all Nevada Revised Statutes 278.490 through NRS 278.4987. He stated the alleyway to lot 6 would not be affected and would remain open to the south half of South Street. John Kingwell stated future access issues exist because there were 7 additional parcels within Block 6 that may require the use of the south half of the alleyway in block 6. John Kingwell noted staff requested approval based upon staff recommendations A-D remaining intact. Randy Brown inquired if a Record of Survey was recommendation by staff prior to the conveyance. John Kingwell stated that was requested within 6 months of the approval. Randy Brown stated Kristin McQueary would require the legal description from applicant prior to drafting the conveyance. John Kingwell stated they could modify Staff Condition B to: “the applicant shall provide a legal description to the County prior to conveyance”. MOTION: Commissioner Myers moved to approve the request submitted

by James L. Schennum for the vacation of a portion of alleyway located on South Street in the Moffat Addition to the Town of Gold Circle, Nevada including adoption of Resolution 06-2013 with staff conditions A – D with a modification to Condition B


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that the legal description be completed before the conveyance can be drafted by the County’s legal representative. Commissioner Williams seconded the motion. The motion passed unanimously.

4:28:25 PM: C. Presentation by Cliff Gardner regarding range management and impacts to sage grouse populations. Commissioner Guttry noted that Cliff Gardner had given them previously a slide presentation on the Sheldon National Wildlife Refuge. Cliff Gardner observed their conversation about the mitigation being performed through the Nevada Sagebrush Ecosystem Council and the agency people. He commented all fences were removed upon 574,000 acres and the livestock was removed twenty years ago. He believed that acreage was more because the BLM eliminated the surrounding users due to no perimeter fencing. Cliff Gardner stated an Act of Congress created the refuge and by 1988 the BLM had accomplished reduction of 50% grazing and by 1993 all grazing was off. He stated all trapping was eliminated in 1968 on the refuge. Cliff Gardner stated they could utilize the Sheldon Refuge as a model. He noted their records showed predator control by putting out 150 stations; the sage grouse production was up to 8 chicks per every hen and 95% of the hens were producing. Cliff Gardner stated now the production was reduced to less than .1% chicks per brood and maybe two to three hens out of every 100 hens were producing.

Commissioner Dahl asked if he observed any red fox. Cliff Gardner stated of their two and one-half days of travel he saw no signs of predators. He stated they need to make the point that these wildlife refuges were being managed by the US Fish and Wildlife Service. He stated Congress gave them the power to take control in order to manage endangered species. Cliff Gardner stated exclosures were put in 1940’s and there was no production whatsoever. He stated they didn’t learn from those exclosures. He commented now the 574,000 acres had no production either. Cliff Gardner feared that if they follow the mandates of the US Fish and Wildlife Service then Nevada would look like the Sheldon Refuge in 20 or 30 years. He reviewed the slides showing decadent meadows and upland vegetation. He commented this area was a working ranch twenty years ago, now all the roads, fences and power lines had been removed. He saw no sage grouse and only two antelope in the two and one-half days of travel through the refuge. Cliff Gardner noted the Ruby Pipeline was not allowed on the refuge. He commented when the refuge was first created the people at headquarters reported observing sage grouse and as many as 500 antelope in the evening in the meadow area. He noted they had performed an extensive predator control program previously. Cliff Gardner reported that Mr.


Fremont was driving his cattle through that area in 1843 from Dalles, Oregon to Pyramid Lake and recorded they never saw a sage grouse. He stated they have the most complete history if they could get the US Fish and Wildlife Service to look at it with regards to predator control and reduction of grazing. He stated it was US Fish and Wildlife Service science and it was their annual records. Cliff Gardner stated Carol Evans, through the University of Nevada, in the 1980’s did thorough research on the sage grouse on the Sheldon National Wildlife Refuge. He noted that Carol Evan’s studies found that in the heavily grazed areas the vegetation was more nutritious for the sage grouse. He noted today the state and federal agencies support moderate grazing. Cliff Gardner stated the centers of the upland plants on the Sheldon National Wildlife Refuge were dying out and only sage brush remain. He noted they had removed the horses but they did observe one horse in the refuge on Katnip Spring. He displayed pictures of the areas where the meadows were previously. Commissioner Guttry suggested they request a PowerPoint from the US Fish and Wildlife Service upon the Sheldon National Wildlife Refuge. Cliff Gardner commented there was now a huge national conservation area inclusive of the Black Rock Desert. He stated when Jedediah Smith came through central Nevada in 1827 the South West Expedition did not see any grass. He believed those grasses grew when the pioneers came through the country with their cattle and horses. Commissioner Gerber had been following the Peter Skeen Ogden diaries where he came in from north of the Sheldon National Wildlife Refuge veered east then south. He read from Peter Ogden’s diary as follows: “Our horses are now very lean and require rest….grass very scare and our horses so weak. Moved camp with the hopes of finding grass for our horses. Weak state of our horses we must travel slowly. Indeed, in their state there is not one that can carry a man 20 miles in a day.” He noted Peter Ogden talked day after day in his diary about the horses being in trouble. He understood from what Cliff Gardner had presented the pioneers came in with their livestock and changed the soil to be more productive. Commissioner Gerber stated in the late 1940’s they drove across the Sheldon Range into northern California and he observed antelope along both sides of the car. He noted the wildlife values had plummeted in the Sheldon National Wildlife Refuge and was now returning to a similar state when Peter Skeen Ogden traveled through in 1828. He commented there were no economic values there. Commissioner Gerber stated if they were to invite the US Fish and Wildlife Service to give a presentation regarding the Sheldon National Wildlife Refuge they should inquire what the numbers were for the sage grouse and the antelope presently. He believed that the public should be informed as well as the Governor’s Office.


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Cliff Gardner noted J.J. Goicoechea allowed him to give his presentation at the Nevada Sagebrush Ecosystem Council meeting. He stated Nevada should not spend millions of dollars redesigning fences, controlling people’s lands and slowing down mineral operations. He stated the agency policy has hurt them. He believed there should be a forum where evidence could be presented on both sides with an impartial decision making body based upon the facts. Commissioner Dahl suggested they invite Ted Koch to come and give them a presentation of what it was like out there at the refuge compared to how it was.

Cliff Gardner stated Ted Koch had viewed his information at the council meeting. Cliff Gardner commented in Lewis and Clark’s diaries it stated they found elk, antelope and big horn sheep among the buffalo. He believed they used the buffalo as shields from predators. He noted the same situation occurred later in the west with cattle. He commented when Peter Ogden came down in 1825 to southern Oregon there had been a big die off of buffalo. He stated the buffalo revitalized the grass by breaking the brush. Cliff Gardner commented in the 1980’s the Mule Deer Foundation started and they were against predator control. He had records on the Ruby Lake National Wildlife Refuge and asked to show them a presentation. He was told they wanted NDOW people present, BLM and Forest Service personnel present when he gave his presentation to counter what he said. Cliff Gardner stated after his presentation not one person stood up and countered his presentation that night. He stated the agencies were currently putting forth a creeks and communities training sessions for agency personnel throughout the state. He stated they would not let him present any historical pictures or give a presentation to show contrast of improvement. Commissioner Dahl spoke upon how his cattle were in steep country and how they were breaking up the ground. He noted there were hoof prints everywhere, they had eaten the browse over the three weeks and new growth was coming up. He stated deer could thrive on the new growth. Commissioner Myers stated before they invite Ted Koch they should gather documentation why the refuge was established and what the goals were. Commissioner Williams stated three weeks ago Ted Koch had spoken at the Northeastern Nevada Stewardship Group. He was in favor of having Ted Koch come and speak at the Commission because he was nice to talk to but he did not agree with their outlook on environment in Elko County. Commissioner Williams questioned if there was a way to appeal to a higher level. Commissioner Dahl stated they could finally address the issue when the State acquired the public lands. He stated Steve Miller at the Nevada Research


Policy Institute was looking for this information. He was documenting government land management policy. Cliff Gardner had been in contact with Ken Ivory and volunteered to assist in public testimony. 5:02:04 PM: XVII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes informed them that on June 24th they would be utilizing the new microphones. Commissioner Dahl noted they have a button to vote in Las Vegas so the public would not know how they voted. 5:04:42 PM: XVIII. COMMENTS BY THE GENERAL PUBLIC: Harry Botsford inquired if the County was allowed to conduct a hearing to have presentations given to them and take public input. He stated then they would know who appears to be lying formerly. Commissioner Dahl commented AB 227 was signed into law and creates a task force. He explained the task force, made up of a representative from every County in the State, would gather information then send their recommendations to the State Public Lands Committee. The State Lands Committee then would then introduce a bill to the legislature in 2015. Harry Botsford was appalled that the federal agencies were not obeying requirements and federal employees were not telling them the truth for fear of being punished. 5:06:54 PM: XIV. ADJOURNMENT: MOTION: Commissioner Dahl moved to adjourn. Commissioner

Myers seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned at 5:07 p.m. APPROVED, GLEN GUTTRY, Chair ATTEST: MARILYN TIPTON, Deputy Clerk


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