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ELKO COUNTY COMMISSION REGULAR SESSION

FEBRUARY 10, 2010 PAGE 1

Elko County Board of Commissioners

Commissioners Sheri Eklund-Brown

Demar Dahl John Ellison

Charlie Myers Warren Russell

Elko County Manager Robert K. Stokes

STATE OF NEVADA ) COUNTY OF ELKO ) ss. FEBRUARY10, 2010 The Board of Elko County Commissioners met in regular session on Wednesday, February 10, 2010, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair

Sheri Eklund-Brown Demar Dahl

John Ellison Warren Russell

County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Library Director Jeanette Hammons Library Assistant Dir. Laura Oki Public Works Director Lynn Forsberg Road Supervisor Otis Tipton Asst. Road Supervisor Terry Lister Building Inspector Tom Ingersoll Planning and Zoning Dir. Randy Brown

Chairman Myers called the meeting to order at 1:36 p.m.

Commissioner Myers led the meeting participants in the Pledge of Allegiance. I. COMMENTS BY THE GENERAL PUBLIC: Brandon Fordin commented that at the last meeting the Chairman for the Elko County Wildlife Advisory Board had requested to be excused from attending the State Wildlife meetings. This was done without board cooperation or general public advice and he opposed this action. Brandon Fordin encouraged County representation at the State meetings. Commissioner Eklund-Brown asked if they

ELKO COUNTY COMMISSION REGULAR SESSION FEBRUARY 10, 2010 PAGE 2

were present through teleconference. Brandon Fordin replied they were not in attendance at the last meeting. He suggested there be a term limit on the advisory board members. Commissioner Eklund-Brown commented the members had to be reappointed after four years and it was hard to get volunteers. Commissioner Myers noted board vacancies were advertised. They would review the law regarding term limits but they usually reappoint the members. Brandon Fordin encouraged them to look at the role of the people going to the meetings and make sure they were active. Wade Fordin had attended the last state board meeting in Reno and Elko County did not have a representative present to submit input. He stated Clark, White Pine and the Carson City Counties’ representatives spoke on all the topics. Wade Fordin had submitted his application for the position on the Wildlife Advisory Board and requested their support. Commissioner Ellison inquired if they have teleconference at those meetings. Commissioner Myers stated they do not always have the ability to do the teleconference; it depended upon the meeting location. Brandon Fordin stated at regular meetings they do not offer teleconferencing but all committee meetings were teleconferenced. Commissioner Ellison supported representation at the state meetings whether in person or by teleconference. II. CONGRESSMAN DEAN HELLER: Presentation of Special Congressional Recognition Certificates. Terri Fairfield, Congressman Dean Heller’s Coordinator, presented the Elko Chamber of Commerce with a Special Congressional Recognition Certificate for bringing the Forest Service and the residents of Elko County together regarding the Travel Management Plan. Terri Fairfield presented Commissioner Ellison a Certificate of Recognition for his induction into the Nevada Association of Counties Honor Roll. III. MINING INDUSTRY SUPPORT RESOLUTION: Discussion and consideration of Resolution No. 09-2010, entitled, A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS EXPRESSING SUPPORT FOR THE POSITIVE ECONOMIC IMPACTS OF THE MINING INDUSTRY IN OUR STATE AND OPPOSING INDUSTRY SPECIFIC TAXES AS COUNTER-PRODUCTIVE TO OUR STATE’S ECONOMY. MOTION: Commissioner Ellison moved to adopt Resolution No. 09-

2010, entitled, A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS EXPRESSING SUPPORT FOR THE POSITIVE ECONOMIC IMPACTS OF THE MINING INDUSTRY IN OUR STATE AND OPPOSING INDUSTRY SPECIFIC TAXES AS COUNTER-PRODUCTIVE TO OUR



STATE’S ECONOMY. Commissioners Eklund-Brown and Russell seconded the motion. The motion was passed unanimously.

Commissioner Eklund-Brown read the Resolution into the record. Commissioner Eklund-Brown read the Nevada Mining Association’s Official Statement dated January 19, 2010 into the record. She noted the limitations to invest, explore, and expand if the tax was to be assessed on gross proceeds and encouraged other groups to get involved and support the mining industry. Commissioner Ellison inquired if Commissioner Myers could take that to his Nevada Economic Development meeting. He suggested a copy of their Resolution be sent to the League of Cities, NACO and their congressional representatives. IV. ELKO COUNTY LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the continuing operation of the County Library and a brief update on the Bookmobile operations. Jeanette Hammons, Library Director, met with the Lexis-Nexis representative, the District Attorney’s Office, and the Public Defender’s Office to review the contract. They updated their webpage. The Open Meeting Law training for the Board members was scheduled April 20, 2010. They transitioned from the T-1 Line for internet access to Metro Ethernet. They were partnering with the Great Basin College on “the Great Read”. She reported the Bookmobile was County owned. Jeanette Hammons reviewed the current funding for the bookmobile from the following sources: LSTA Grant, Nevada State Library and Archives General Fund, Elko County, private donations and grants. They have not received the second payment from the State. She gave an overview on the bookmobile expenditures. The Nevada State Library and Archives had submitted a budget proposal and the bookmobile was on the line so they were looking at a minimum cut of the $14,590. The two personnel to be affected were informed but there were no definitive plans because there would be no cuts until July 1, 2010. Commissioner Eklund-Brown suggested that the Lexis-Nexis administration be allocated to the departments served and the budget committee review that. Commissioner Russell suggested there be a plan to provide additional funding. Commissioner Myers asked what White Pine County’s total donation was to the bookmobile and how many times it went to White Pine County. Jeanette Hammons would submit those numbers to him and reported the Bookmobile went to White Pine twice a month during the school year and once during the summer. V. COVERED WAGON MOTEL -- JACKPOT, NEVADA:


Discussion and consideration of a request by the new owner to reduce the property taxes owed on the Covered Wagon Motel property in Jackpot, Nevada. The new owner of the Covered Wagon Motel in Jackpot requested a reduction because the property has been vacant for years and has major damage to the buildings. Kristin McQueary stated the Board of Equalization was the proper board if a taxpayer had a complaint about taxes and there was a statutory process to be followed. Commissioner Myers noted that the Commission and the property owner received a copy of Memorandum dated February 8th which outlined the NRS which did not allow the Commission to reduce that tax liability. Gary Morfin, Century 21, had listed the property since February 2009, and commented upon the condition of motel. He asked if there was guidance or recommendation from someone who knew the condition of the property. Kristin McQueary suggested they seek an attorney that understood the County Board of Equalization. The Assessor could take the condition of the improvements into consideration when they do their tax bill pursuant to NRS 361.768(3). There was a filing deadline but they purchased after January 15, 2010, so they could still go to the County Board of Equalization. Tom Ingersoll noted that the State Fire Marshal was in review of 2009 International Fire Code, Building Code and the Uniform Mechanical Code. If that was adopted it would supersede what Elko County had adopted. Commissioner Myers asked if they could remain with the 2006 codes. Tom Ingersoll suggested they contact Chief Jim Wright to approach that through an interlocal agreement. Commissioner Myers requested an agenda item for review of that code. Gary Morfin inquired if they could write a letter of recommendation to lower the tax. Kristin McQueary noted this board set the tax rate annually and suggested he go before the Board of Equalization. Katrinka Russell, Assessor, would do a reappraisal for the FY 2009/2010. They could do a reduction based on physical obsolescence and apply that to the 2010-2011 year in July. They would keep track of their progress, and would remove the obsolescence as the property was repaired. Katrinka Russell commented they have to statutorily appraise the property at cost of replacement. Commissioner Myers asked that the Assessor keep them informed. VI. TOWN OF JACKPOT: Jackpot Water System: Discussion and consideration of approval of change orders for approximately $180,000 to the contract for the 2009 Town of Jackpot Well Drilling Project. Funding is in the budget for the requested change orders.



Chairman Myers called the Jackpot Town Board to order at 2:17 p.m. and adjourned the Town Board at 2:50 p.m. VII. NORTHEASTERN NEVADA STEWARDSHIP GROUP: Presentation with discussion of the Northeastern Nevada Stewardship Tuscarora Fuels Management and Weed Containment Plan. Leta Collord presented their plan written by Ryan Shane, of NDF, addressing the hoary crest infestation in Tuscarora. She reviewed their recommendations. Three County lots were found within the township and they proposed a demonstration plot for controlling weeds. NDF’s recommendation was to mow the weeds along the roadways within the township. Leta Collord commented NDF had a $2,267 grant to be used on private lands and encouraged the Commissioners to match the 50/50 grant. Commissioner Eklund-Brown commented that the County did not do mowing along the roadways and their funding for weed treatment went to eight Conservation Districts which was matched by the State. Commissioner Eklund-Brown noted there was a recommendation for reduction of grazing from 50% to 60%. A BLM representative had stated they do not reduce grazing because of weed infestation and Commissioner Eklund-Brown suggested that recommendation be taken out of their plan because it was hurting the land management policy. Leta Collord would get clarification on that. Commissioner Russell commented upon the lack of reporting from the Conservation Weed Districts. Commissioner Ellison inquired if the Fire Safe Council was looking for people to address these areas. Leta Collord replied the Fire Safe Council’s mission stated they have to work off of fuels reduction which does not incorporate weeds. Many Fire Safe Councils within the State were faced with weed infestations and wished to incorporate weeds. Leta Collard felt the purchase of equipment or funds for someone to cut weeds may be accomplished under the Fire Safe Council umbrella. An archeological value will be established within the township. Another component was the perimeter between the township and open space. Shammy Rodriquez voiced concern with the short spraying time on hoary crest (white top) to be effective. She reviewed the areas that she and her neighbors spray in the valley. Shammy Rodriguez commented if they start spraying weeds and follow it up with re-seeding, they anticipated the grazing numbers would be reduced so that the seeding could be established. There was a discussion upon the County contribution to the Conservation Districts. Commissioner Myers suggested purchase of equipment for mowing through the grant process. II. CONGRESSMAN DEAN HELLER: Presentation of Special Congressional Recognition Certificates.


Terri Fairfield, of Congressman Heller’s Office, presented a certificate of special recognition to Margaret Puccinelli. Margaret Puccinelli had served two tours with the Nevada Office of Veterans Services group. VIII. ELKO COUNTY FAIR BOARD: Discussion and consideration of the appointment of Steve Wines to replace Pete Mori on the Elko County Fair Board as recommended by the Board. MOTION: Commissioner Ellison moved to appoint Steve Wines to

replace Peter Mori on the Elko County Fair Board. Commissioner Dahl seconded the motion. The motion was passed unanimously.

IX. ELKO COUNTY PLANNING AND ZONING DEPARTMENT: Discussion and consideration of approval of a request for a waiver of a parcel map requirement for George Lewis – Lot 16, Block A, Last Chance Ranch Subdivision Unit No. 3 (APN 032-001-016). Randy Brown stated Mr. Lewis gave the County a roadway easement in 1998 which split this parcel in two. He explained the remaining portion without a water right could not establish a well but could be used for industrial uses/equipment storage. Randy Brown noted a parcel map would require water rights so he recommended a waiver of the parcel map requirements. MOTION: Commissioner Russell moved to approve a request for a

waiver of a parcel map requirement for George Lewis – Lot 16, Block A, Last Chance Ranch Subdivision Unit No. 3 (APN 032-001-016). Commissioner Eklund-Brown seconded the motion.

Commissioner Eklund-Brown disclosed Randy Brown was her husband and neither had any pecuniary interest to either party on this. She inquired about the size of the parcels. Randy Brown replied the County removed .65 of an acre from his property leaving ¾ of an acre on each side but both were zoned industrial. One side of the property was developed as domestic and the other side was for industrial. Mr. Lewis could get water from the City of Elko. The motion was passed unanimously. X. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Chairman Russell called the Board to order at 3:35 p.m. and called a recess. Chairman Russell reconvened the meeting at 3:45 p.m. The Highway Board was adjourned at 4:20 p.m. XI. ELKO COUNTY PLANNING AND ZONING COMMISSION: Elko County Road Standards Hearing:



In accordance with Notice 04-2010, conduct a Public Hearing regarding the resolution made by the Elko County Planning Commission to change the current Elko County minimum road standards. Randy Brown reported this issue was before the Planning Commission for six months and submitted a Resolution. The Road Services Advisory Committee amended the Resolution from 18’ to 20’ because the Elko County Codes adopted the IBC which includes the International Fire Code which required a 20’ road width. AASHTO standards were involved and the AASHTO minimum standard for agriculture was 24’ at 35 mph. Roads would be designed for traffic speed, type of use, load limits, etc. The County had designed their width for 26’ which raised the traffic speed to 45 mph which allowed them leniency and expansion factors. He cautioned a division of land into large parcels could be subdivided into 40 acre parcels and the daily traffic counts would go to over 1,000. He reviewed a similar situation, the Elko Summit Estates, and if that road was build with 20’ width the last man coming in to subdivide would be responsible for road improvement which was one of the reasons that 26’ standard was put into place. Randy Brown noted two trucks side by side, with the new 20’ standard would create safety issues and questioned the impact to emergency services. He requested they consider what standard would be best for the entire County because if they dissected the County according to area the staff would have to determine the uses on the road and puts a liability issue back on the County. Randy Brown stated this would place a liability on the County because they had accepted ASSHTO standards. He noted this would require a developer to have the road designed. The 26’ standard was designed and engineered for a certain space, load limit, structural integrity, surface and type of use. He noted their standard accommodated agricultural uses. They have to consider future access to public lands which was for recreation or agricultural use. He stated there was no standard on private roads currently. Randy Brown stated when a person wanted to split a road for a family member they could seek an alternate compliance through the County Commission and no standard was set. The parcel could be sold outside the family so they were trying to insure the next person in line had legal access. Randy Brown noted if the County set the standard at 18’ they would be liable for being out of their own fire codes. AASHTO allowed residential use only at 18’ and the minimum was 24’ for agricultural uses. Roads in the County’s maintenance system do not meet their county standard because under prescriptive use they have the right to use what was there. The County had a certain liability of maintenance but could not widen that road without acquiring the right of way easement. Randy Brown reported 90% of the roads under County maintenance were under prescriptive rights of way. He explained several older subdivisions were paper subdivisions and they


left 30 feet wide strip around the edges for roads. Commissioner Eklund-Brown noted that the pictures submitted by Paul Bottari did not include a modern subdivision. Randy Brown stated he and Mike Murphy wrote the 26’ road requirement in 1998 to fit multiple uses. Commissioner Eklund-Brown asked about the terminology of private roads because the Ruby Home Ranch developed roads to County standards but was private. Randy Brown replied those were irrevocable private easements which had to accommodate health, safety and welfare issues. They have a potential for future subdivision and traffic counts exceeding 200 vehicle trips per day. Commissioner Myers commented that they could not get the Road Advisory Committee together for some time and when they met last Monday two of the committee members had not received the information until that day and two had gotten the information the day before. There were seven members on the committee with only three members voting in favor of it and one voted no. Their recommendation was to change the Planning Commission’s Resolution from 18’ road width to 20 feet. Randy Brown noted Mr. Williams stated he did not want to have the rights of children and public safety given up in the future. Commissioner Myers noted they may not be able to get an ambulance down the road at 20’ if someone else was traveling the road. Commissioner Eklund-Brown stated there was always division at a later point. Commissioner Dahl felt they need guidelines for the alternate compliance. Randy Brown stated if someone wanted to go below the code then it should have to be designed by an engineer. He stated if the developer did not like this, they have the alternate compliance. Otis Tipton asked if they had any questions on AASHTO standards. He concurred with Randy Brown on the 26’ road width. He stated out of sixteen counties and one city, Elko County was the most lax county on construction of roads and felt they should consider a better standard of road. Commissioner Eklund-Brown disclosed Randy Brown was her husband and there was no pecuniary interest on either side but felt she could make an objective decision. She is a member of the Elko County Association of Realtors. She questioned if this had gone through the general membership. She stated they had not solicited her anymore than any other commissioner. Jeff Williams, Road Service Advisory Committee, explained that the negative voting member misunderstood the differences concerning private property. He agreed they should handle the private property differently than what they were talking about now. Jeff Williams reported there was only one meeting with four members and in their packet was a letter written by Jack Larson, a member of the Planning Commission. He asked that they read the letter before they vote and cautioned the recession was coming to Elko County. Jeff Williams believed the residents should start doing things for themselves which their county



and state had done for them in the past. The letter stated most of road maintenance on these orphaned subdivisions were taken care of by the residents of the subdivision because the County had not decided they have enough money to use in those situations. Jeff Williams believed the 26’ should be the maximum road width. He did not think the 20’ tied Otis or Randy’s hands on making decisions after looking at the topography because they have the right to increase and decrease the road width. Jeff Williams stated they voted on a less stringent standard because it would be less expensive, and less expensive for developers to deal with and for people who buy property to pay for regardless to what the rest of the State had. Jeff Williams noted that Paul Bottari stated Nye and Lyon Counties had stipulations far less but the other counties were more restrictive than Elko County. He felt they should do what was most important for Elko County taxpayers. He felt the RSAC vote was correct and disagreed with the staff recommendations on this issue. Commissioner Myers had spoken with Vernon Dalton after the vote was taken. He stated Vernon did not disagree with staff or the advisory board. He voted no because he did not think the government should be involved in any road standards on private land. Paul Bottari, representing the Elko County Association of Realtors, stated there was a Board Resolution supporting the road width reduction and there was information provided in their newsletter. He reported they held three or four hearings and he had testified at the Planning Commission and at the Road Services Advisory Committee. Commissioner Eklund-Brown noted they have not had a vote of the general membership. Paul Bottari stated they felt strongly on this issue because their organization was a protector of private property rights. He stated in 2001 the ECAR had another Resolution for the same thing, the excessive road standard, and there were numerous meetings held but it was finally tabled. Paul Bottari inquired if they had received an e-mail entitled Road Report # 2. The board members acknowledged receipt of the report. Paul Bottari stated there were other developers that were concerned and they would do more if that road standard was less expensive. He requested the Disclosure because it would inform the people that the County would not maintain the road and gave the County the ability to defend themselves for not maintaining that road. Paul Bottari stated if Otis wanted to make a road that the county maintained wider then it was his decision if they could afford to maintain it. He stated the wider the road was, the more expensive it was to maintain. They felt 20’ wide was a good minimum standard for private roads, not subdivisions. He understood they were talking about parcels created by parcel maps which were not over four parcels and the division of land into large parcels. He noted the division of land into large parcels was excluded from the subdivision requirements. Paul Bottari stated if someone wanted to use the road to develop


the land into smaller parcels then they should improve the road. The Realtors did not disagree with the 60’ easement because of the snow plowing. If someone wanted to develop more parcels then they could use the larger easement to develop the road to a better standard. Paul Bottari stated the title company had no problem working with the Disclosure. He explained the procedure of placing the Disclosure upon the parcel map and the process of including that into the escrow. He stated a disclosure would not waive their rights. He noted if there was a subsequent transaction and the parcel sold to someone else then the map was enclosed. He noted if an attorney was handling the sale they do the same thing and they were not going to record the deed without the Disclosure. Paul Bottari stated the reason for the higher road standard was because of the problems created by the early development with subdivisions. A developer would go in with a map, no surveys and there were little parcels put in with little roads. In 1979 the Division of Land into Larger Parcels Act was put in stating the parcel would have a legal easement, each of the corners would be surveyed and a road assessable by emergency vehicles, typical of the area. He noted Nye and Lyon County standards were less and questioned how they got away with it if the State adopted AASHTO standards. Paul Bottari, representing himself, felt the borrow pits were too deep. He stated to have a 4:1 slope they have to go out 8’ to make the 2’ deep borrow pit. He believed the borrow pit should not be bigger than what was needed to carry the flow of the maximum water. He had done some development and was before the previous Commission because the standards were too strict with the backing of the realtors and the Wells Chamber of Commerce. Commissioner Russell understood Paul Bottari represented the Realtors and inquired what kind of road they would have made Corral Lane. He assumed it would have been 18’ with borrow ditches at 1 foot. He believed the Realtors want a substandard road which was narrower with a small borrow ditch and did not picture that as ideal for a subdivision in the County. Commissioner Russell agreed it would be cheaper for the developer; they could sell their lots cheaper. He noted the narrower road did not express quality and did not emphasize safety issues. Paul Bottari stated without having support of his board and the committee set up for this, he could not give them a recommendation. He stated if Corral Lane was going to be a major artery road then whoever caused the traffic should have improved the road. Commissioner Russell noted that would make the folks who were living there now paying for the upgrades on the road. Paul Bottari stated if they knew what they were buying into; the best thing they could do was to form a special improvement district, put it on their taxes and hire someone or let them maintain it. He stated that all the people in that area would receive the benefits of the road and they were paying for it. Commissioner



Eklund-Brown noted Paul Bottari had brought up RLF which was a mutual client and she disclosed she had 12 land listings. She had not discussed this topic with any of the sellers. She had stayed away from conflicts of interest and that was why she had not submitted comments to the Realtors’ Association. Commissioner Eklund-Brown had not voted on it as General Realtor board member. Commissioner Eklund-Brown commented when they did a division of land into larger parcels or subdivisions those roads were dedicated for public use unless specifically sought by the developer for private roads. She believed most roads were public so they could not really say when the road was on private land it was private. She noted there were public roads across private lands to the Forest Service, etc. Paul Bottari stated if they were private roads then the Commissioners can authorize that to be a private road such as in the South Fork Estates. He had requested an alternate compliance for a 20’ wide road and noted three commissioners were in favor but Kristin McQueary stated if they let him do it then they would have to let everyone do it. Commissioner Dahl inquired of Mr. Bottari how they should address the 2’ borrow pit. Paul Bottari asked what it was for the division of land into large parcels. Randy Brown replied that was at a 1’ borrow ditch. Paul Bottari stated their county engineer should have some flexibility on the road standards. He believed it depended upon how far they carry the water and felt Randy Brown would tell them what to do. Commissioner Ellison stated there were two issues; one was private property rights and a road going to private property. He noted that Jim Gibbons wanted to put a road up to one house along the fence line and there was controversy. He stated if they had a subdivision with five houses then that road should be a different standard because it impacted everyone going into there. Commissioner Russell noted they would rarely put less than a 12 inch culvert where they were going into the entrance of a property. He stated if they go to an 18’ road width they would have to go down 1’ so they would have a culvert sticking up that they would drive over every day. Commissioner Russell noted the industry standard stated if they were going to put in a 1 foot culvert they need a two feet ditch. Paul Bottari stated they could dig the ditch deeper where the culvert would be and put concrete at the culvert. Commissioner Russell stated that might be some accommodation to planning as it was engineered. Jeff Williams, Road Service Advisory Committee, stated the RSAC agreed to the 60’ wide right of way and they always had the option to widen the road. Commissioner Russell inquired what the reasonable roadway life expectation that a property owner should have going into a subdivision in Elko County five years or ten years without excessive maintenance. Jeff Williams stated that they should not expect anything because it would depend on traffic and weather conditions. Commissioner Russell noted they should plan for a 20 year life span and what the traffic would be twenty


years from now. If they engineered an 18’ road it would have more of a gravel base than a 20’ road because a single lane road would deteriorate faster so there had to be more base. Commissioner Russell felt there was reasonable expectation that when a person buys and a developer developed the property that the standards were better so they could expect some kind of reasonable length of time. Jeff Williams stated there was no reasonable expectation in some subdivisions in Elko County of how long the road would last because there was no maintenance on the roads. He noted at Corral Lane the expectation was there would be a few cars a day but the High School went in and everything changed. Jeff Williams stated the County had the option of making a change based on the circumstances that they were dealing with. It should not be fair that some roads in Elko County who have five cars a day have to have a 26’ road put in because that was excessive costs for the developer. Jeff Williams noted when they voted the Resolution before they were discussing private property rights. He believed private property rights were paramount and once they get to their private property they should have the right to build the road whether it was 20 miles long or a private driveway the way they wish to build it. They have the responsibility until they get to the private property to make sure it was passable for an ambulance or a fire engine. Commissioner Russell believed they agreed on private property rights but it starts at the gate. He stated if there was a public road or public right of way then the County had the right to look after the interests of all the people. Sandy Wakefield, an Elko County Realtor, had a section of land (640 acres) on the north end of Elko and when it was zoned agriculture the county was getting $26.57 per acre per year. Once the 640 acres were taken out of agriculture zoning it was taxed at $561.93 per acre, per year. If they were to split that down to 40 acre parcels, each parcel would bring the county $351.62 per year. She stated if 16 parcels the County taxes would increase from $26.57 to $5,625. If they add a home valued at $250,000 the taxes go to $2,606.33 and if all 40 acre parcels sold with a minimum house of $250,000 value the county would gain $41,701.28 in taxes per year. She stated that did not count the costs the County would receive in revenue from permits, applications, from jobs, for employment of the people. She believed by having high standards they were preventing future growth. Commissioner Russell noted 50% of that went to the School District, plus there were other services that cost them so the County was not receiving all the money she was referring to. Wendy Ispisua, a realtor, stated in the Spring Creek area there were no borrow pits and they have culverts at every single house. She stated there was no edging off of their roads.



Dick Hersey stated the right of way should be the full 30’ each side like they show it on the drawing and did not feel that should be anything less. He spent 35 years with trucks hauling heavy equipment and cautioned them they would have an 8.5’ truck facing another 8.5’ truck not counting their mirrors down a narrow road. Dick Hersey noted they spoke about the cost of gravel and the road deteriorating. On a narrow road, the trucks will be on the shoulder and if they don’t turn over and drop down into a borrow ditch he would still tear up the edge of the pavement. Harrison Pass was used as an example of the pavement too narrow and the shoulder too weak. He did not believe any public road access put in should be less than 26’ wide road. If they want to put the road in as a private road, it goes nowhere but a personal driveway that was personal private property. However, if there was a public right of way they should stay to a certain standard for safety. Dick Hersey stated the depth of the borrow ditch depended upon the area. He noted a woman previously talked about the Spring Creek culverts. He stated that if she looked real close she would find a six inch pipe in the borrow ditch in that area. He stated a group in Kittridge Canyon put a lot of money into their road to upgrade it, including signs. Half of the people would not pay for the improvements, and if it had been paid for in the beginning by the developers, they would have never had that problem. Dick Hersey stated Corral Lane was a prime example of what would happen if they put in a narrow road. It will never get fixed, the private home owner really doesn’t have the funds to come up and pay for a section of road. Dick Hersey stated the road should be paid for as it was happening. He stated a contractor walks in and wants to develop a parcel of land, have him pay for it then and it will be done. Jill Oswalt, representing herself, believed they were speaking in generalities of a specific project that affected her personal property. She read her statement into the record: “Some of the roads here today are subject to easement deeds and as you know these easements are real property rights and as such are constitutionally protected. The easements involved are the Gerber to Barger and Barger to Gerber of 1982. There has been long torturous litigation over these easements where the people who plan to develop the mountain have tried to unilaterally extinguish the Barger to Gerber easements. They have lost at every turn in multiple District Courts and three times at the Supreme Court at the State of Nevada. In addition to that there has been an order entered for a permanent injunction for these people to stop harassing and intimidating us and trying to steal our private property rights. These same people have been found in contempt of court for violating this order not only once but twice. There was an order entered in January this year sending them both back to jail and fining them for continuing this aggressive behavior. Crossing other people’s lands to make development gives them some responsibility there. I think what is trying to go on


here was under a veil of generalities to narrow the foot print of land that has been horribly damaged. My land that has been damaged by the non engineered road that has been constructed across it bids for repair of it was in the millions of dollars and now hearing the Highway Department’s estimate of what it would cost to actually build and repair a road that seemed like it would be on the low side. I think what is happening is that you are being asked to narrow the foot print so these people can take their responsibility out of the middle of the road and abandon the havoc they have reeked on other peoples’ property and leave that to the poor folks that may someday buy the land. I ask that you not let them use your authority to abandon the damage that they have caused.” Commissioner Ellison agreed with Jill Oswalt that when they get to that many parcels its causing its own problems. He asked if they had one or two houses back in there would they have had the same problems they had today. Jill Oswalt stated the problem was not the number of the parcels, the problem was that the road that was put in was graded without engineering on a very steep slope and has destroyed her property and wiped out her irrigation ditches and is sloughing into Ackler Creek. Commissioner Ellison inquired if it was public access. Jill Oswalt clarified that the developers came to the Commission and asked that the easements not be dedicated as a public access. Commissioner Dahl would support the new road standard because the difference between a 20’ road and a 26’ road was it would be required to be engineered. He stated it was just a matter of changing the county standard and they would have the same requirement for engineering on the 20’ road as the 26’ road. He supported the 20’ road because of the reasons stated by Jeff Williams. Commissioner Dahl asked Jill Oswalt if those easements were 60 feet. Jill Oswalt replied they were 80’ easements but in several places on the road it was a 1:1 slope so to accommodate drainage it exceeds the 80’ easement. Commissioner Dahl supported the 60 foot easement. He stated even with the 20’ road you can’t just go up there and make a road, it would have to be engineered. He noted on the 26’ road the engineering was provided by the county and the contractor has the standard to build the road to. His position was to reduce that to 20’ minimum, not on a road dedicated to the County that was still 26 feet. Commissioner Dahl stated that if the road was going to be maintained by the County it should be 26 feet. Randy Brown stated the Planning Commission and the Road Advisory Commission recommended a 22’ wide standard, 4: 1 side slopes for a minimum of 8’ which means a two foot borrow ditch for County roads that would be accepted for public use but not for maintenance. He stated the 18’ road width standard was for roads that were created under irrevocable private easements. Commissioner Dahl inquired if the vehicles per day would make the difference. Randy Brown replied the 22’ road



was a road created by parcel map, subdivision, etc., which would offer the roads for dedication to the public for use but not for maintenance. The 20’ road could be a driveway or a road within a division of large parcels or a subdivision that was gated/private community who would not offer the rights of way for public use. Commissioner Eklund-Brown noted that it was 24 feet for AASHTO. Randy Brown stated this gets back to the private property right issue. He read the Planning Commission recommendation into the record: “22’ wide gravel roadway within a 60’ right-of-way with a 6” gravel base, 13% surface slope, a ditch 2’ deep with a 4:1 side slope and a 2:1 back slope will be the minimum design standard for roads not accepted by Elko County for maintenance carrying less than 300 vehicles per day”. Randy Brown understood that meant roads offered for dedication but not for maintenance. He read the following Planning Commission Recommendation into the record: “Non-dedicated roads within private developments that include CC&R’s for road maintenance, a. A 22’ wide gravel roadway within a 60’ right-of-way with a 6” gravel base carrying less than 300 vehicles per day. b. A 18’ wide gravel roadway within a 60’ right-of-way with a 6” gravel base, -3% surface slope, a ditch 2’ deep carrying less than 200 vehicles per day.” Randy Brown stated the 18’ wide was basically a road in an easement that was not offered to the public. He stated the 18’ standard would apply to roads that came under a division of land into large parcels that the property owner did not want to offer the roads for dedication to the County and want them to be kept as private irrevocable easements in the name of the community. Commissioner Dahl stated under 2 of the Planning Commissioner’s recommendations it had an a. which was 300 vehicles per day and b. 200 vehicles per day so the operative was the number of vehicles. Randy Brown stated when there was a division of land into large parcels they have 16 units in 640 acres it could go from 5 to 7 vehicle trips per day, per unit so the less than 200 vehicle trips per day would apply. He cautioned them this was to “non dedicated private easements versus easements and roadways offered for public dedication to the county for public use but not for maintenance”. Commissioner Myers inquired how this would impact Jill Oswalt and her personal property rights. Randy Brown explained what happened there was a private developer did it on his own and there were no standards set forth by Elko County. He built to the County’s minimum standard on a road that the County did not set any standards for; this was on an existing easement. Randy Brown stated the developer went in and did a parcel map with four units and the County’s requirements on a parcel map were everything within the parcel map boundary has to have a minimum standard road because it was offered for dedication and accepted for dedication. Therefore, in the subdivision the four units were created


and they required a 26’ wide roadway. He stated the developer took it upon himself to go outside the boundary back to the State Highway and developed the road to a 26’ wide road standard. Randy Brown explained there was an 80’ easement but because the slopes that had to cut went outside that private easement; that was how that damage occurred. Randy Brown reiterated that was not required by Elko County because it was under the private easement and filed by the Courts. Commissioner Myers inquired if the Commission changed the standard what would that do to that road. Randy Brown stated it was still a private easement and the access was still private. He stated the proposed division of land into large parcels would be private easements. Commissioner Eklund-Brown explained the work on Jill Oswalt property was not required by Elko County. Randy Brown stated that was pre-existing and the County had no jurisdiction over that private easement. Commissioner Ellison asked if there was a small group of houses but a developer comes in and wants to make a subdivision behind them but wants access to the freeway at which time does it trigger and who would put the roadway all the way through to the highway. Randy Brown stated that was why they had the 26’ standard because it handled that type of situation. He stated when it reaches 400 vehicle trips per day and the developer would have to improve that. Commissioner Eklund-Brown noted one person sells 16 units and one person that buys one unit and wants to go to 4s would pay where the person who originally started with the 16 units did not. Randy Brown stated that trigger was happening now and when they reach 500 trips per day it goes to 32’ wide gravel standard, major collector standard. Randy Brown clarified that the Planning Commission was talking about going from 26’ wide minimum standard to a 22’ wide minimum standard on roads offered for dedication to the public for public uses but not for maintenance (Planning Commission recommendation 1b). He explained under recommendation 2 it was an issue of private developments on multiple private easements and the Planning Commission set their own standards on a 200 vehicle trips per day and 300 vehicle trips per day. Randy Brown noted the difference in the recommendations for the borrow pits. He cautioned the 2:1 side slope would be straight down. He noted Commissioner Russell’s comments on the culvert were made based on the Orange Book Standard. Commissioner Russell noted the State of Nevada had a 4:1 standard for every road they build. Randy Brown stated the County did at this point with a 4’ minimum so it made it 1’ deep. He stated they require an encroachment slope coming and going in and out. Randy Brown stated in 1998 Mike Murphy went by the code which was a road sufficient to accommodate emergency vehicles. They consulted the emergency services personnel and came up with the 20’ wide 10 inch gravel all-weather surface. He stated there



was no difference in cost between their 20’ standard and the County’s 26’ feet standard. Otis Tipton noted the Road Services Committee only held one meeting with only four people and did not have time to digest this in such a short time. He suggested the County Commission and the Road Services Advisory Committee schedule a meeting with this one subject. Mike Gerber, a Realtor but not a member of the National Board of Realtors, who believed in the Realtor’s code of ethics. He stated it was important that when they offered property for sale to someone they have to disclose the deficiencies. Mike Gerber inquired how long the 26’ wide road requirement been in and how many subdividers have kept to that standard. He noted Bob Wiley was a subdivider before this road width went in and afterwards and had been very successful. He stated that told him that there were some subdividers out there that had jumped into that business in a market that has a lot of lots out there at an inopportune time, picked locations that were conducive to a lot of demand and now they were showing up in the government offices trying to lessen those standards so they can make a buck on the rate of sale. In his discussions with Bob Wiley, Bob seemed happy with the minimum road standard. Mike Gerber noted Bob Wiley had seen the Ryndon and Osino areas for a long time and his subdivisions after that have done just fine with the road standard so why should they step back to substandard dimensions. He noted in Jill’s instance on the road about her place they have an 80’ easement but they put in a 26’ road which was not adequate on that 65 degree slope so all their material filled their ditches. Mike Gerber commented that roads need to be engineered when they get into those situations. He commented that two 10’ wide ambulances could not pass each other in an emergency situation they need 26 feet. Commissioner Dahl inquired about the Starr Valley Road which was 20’ and noted the people that live on that road. He asked if Mike Gerber would say it was a safe road. Mike Gerber stated it was not a safe road and reviewed a head on accident his cousin had on one of the curves. Commissioner Dahl did not feel that was because of the road width but rather the curve. He noted they had not changed the old road to a wider width. Mike Gerber stated a lot of the roads were built some time back and have become wider as the years go by. He stated it would be nice if the old timers had been thinking ahead of their predecessors and made wider roads. Mike Gerber stated it would be nice to upgrade the older roads to 26’ width. He felt the County should be given an incentive to widen those roads so a fire truck, ambulance can get by each other. Otis Tipton stated they had the 26’ road standard since 1979. Mike Gerber noted there had been subdividers who made good money with those standards and felt the new subdividers should learn from the old subdividers how to make money.


Commissioner Ellison stated that if it was a subdivision then it should be built to subdivision standard but they were talking about small roads and private accesses. He reviewed an instance where a person wanted to divide the parcel for family members but the county required them to build the road to standard. He agreed with Mike Gerber on building to larger standards in the subdivisions. Commissioner Eklund-Brown stated people come in on alternate compliance all the time. Mike Gerber stated that when they offer property to the public they were offering land for sale to people who may have not lived in the country and may not know and you take the responsibility for their health, welfare and safety so that was why those standards should remain. He noted that family member did not know what his kids might do with that parcel and they may decide to subdivide. Commissioner Dahl stated that was when the developer had to upgrade the road. Mike Gerber agreed that if there was a narrow road for ¼ of a mile going in and other outside people come in then that person was responsible for that road upgrading to meet the health, safety and welfare. He reiterated that they have subdividers that have lived with the 26’ road standard since 1979. Otis Tipton stated Commissioner Dahl brought up a good point that the accident was on a curve because if it was built to AASHTO there was a standard for a narrow road with a curve. Otis Tipton stated if they had the standards when that road was built it would have been built properly. Kristin McQueary stated in listening to this conversation there were various definitions of what was meant by a private road and felt that needed to be clarified. She heard a roadway to a house was a private roadway. Commissioner Ellison believed it was private even if they break the property down to three or four parcels. Kristin McQueary stated that depended upon their definition. She felt there were two or three competing definitions of what was meant by a private road. She stated to provide meaning for everyone they need to reach a common understanding what they mean by a private road. Randy Brown explained when they do subdividing whether it was one parcel or four parcels was a parcel map which was a method of subdivision. He stated 5 or more parcels was a major subdivision. There was a classification of major or minor subdivision. He noted on Governor Gibbons parcel the County did not require any road requirements whatsoever. He stated the only requirement was the 60’ right of way in front of the parcel because the County road was already there. He explained anything off that County road that he put in was private and he could put a 2 track trail to his home that was a private road. Randy Brown stated in Elko County they have established an irrevocable private easement what they allow under a parcel map, in a subdivision or in a division of land into large parcels. He noted that irrevocable private easement would remain in the name of the original owner or owners of the parcels within that subdivision



and that was a private road. When they talk about one parcel versus 16 parcels then they were talking about densities, traffic loads, etc. Randy Brown stated the building code applies to public or private situations and within that building code there was the National Fire Code which requires a 20’ wide road. He did not know if that applied to that standard and the attorneys would have to figure that out. Randy Brown believed that would apply to the insurance rates on that home and that was a private issue as well. Randy Brown stated a “public road” was a road offered for dedication to the public for public uses. He stated within the right of way the public had the right to use it at all points and time and that was where the liability issues for the county and cities were at. Lori Laws stated as they know the County cannot handle the roads they already have and questioned why they would want to minimize the standards when the roads they already have do not met code. She noted their road was supposed to be 26’ wide and she measured it, it was 24’ wide. Lori Laws had observed emergency services travel Lamoille Highway clear back around than if they could have traveled Corral Lane. She stated it was not just the width or the road it was the condition of the road. Lori Laws stated the ambulance will not travel Corral Lane, they chose to go all the way around back to Shady Brook Drive. She noted that the ambulance took extra time to go those six additional miles when they should be using Coral Lane to meet those destinations. Lori Laws questioned what the ambulance would do with an 18’ wide road that the county does not have time to care for. The ambulance would not use those roads if there was an alternative. Lori Laws noted the road size depended upon vehicle count and noted they do not do vehicle counts. She asked how they arrived at the traffic counts. Commissioner Eklund-Brown noted it was done by estimates of vehicle trips per household. Lori Laws stated that she did not want to look outside her window and see the subdivision on Corral Lane, Ruby View Estates. Bill Webb, Interim Ambulance Director, stated that right now the roads the ambulance drives on were 26 foot standard for safety reasons. He stated the ambulance units weren’t being built any smaller. He stated they were getting bigger in the back and heavier. Bill Webb believed the 26’ standard should remain that way for safety reasons not only for the ambulance but for his people and the patients that ride in it in the back. Bob Wiley agreed with Commissioner Dahl that there were idiots who drive fast on the old roads. He agreed with Commissioners Ellison and Dahl on private roads. He noted when he started developing the Commission consisted of three people. Bob Wiley believed he was the first person to put gravel roads in the Osino and Ryndon areas. He stated that was his money and not the government’s money. Bob Wiley noted those roads stood up over all those


years. He stated there were many complaints aimed at the County and at the Department of Transportation asking why these roads were not up to standard. He stated in hindsight they put in the good roads and foresight was today, the future today was what they did 35 years ago. He stated they still get complaints. When he started the standard was 24’ wide and 4” of gravel. He noted it was 26’ wide and 6” of gravel and he did not want to anything public less than that. He stated if they were going for two parcels on a private piece of property, that’s their business but they better make it safe in case they have to have an ambulance come to get them. Bob Wiley asked that the standards stay up on everything done in the County and maybe go to a better improved road for the future. Commissioner Eklund-Brown noted staff had recommended at one of the Planning Commission meetings was that for the private roads that there would be no further division, deed restrictions and no potential for extension to serve other properties. Commissioner Eklund-Brown noted that if it dead ended at a ranch then they could reduce the restrictions but if it continued through the ranch to other properties then there was potential for future division. Bob Wiley noted if it was dedicated to the County and not accepted by the County therefore, that had to be something in there for whomever is doing the improvements whether a rancher or a subdivider, etc. He stated there had to be health, welfare and safety and without it they end up with dead bodies. Commissioner Dahl agreed with Otis Tipton this had gone on long enough. MOTION: Commissioner Dahl moved that they have the Road

Services Advisory Committee and the County Commission devote a meeting to this subject. Commissioner Ellison seconded the motion.

Commissioner Ellison suggested they submit to the RSAC before it was brought to the County Commission with recommendations. Otis Tipton recommended that they do this in one shot. Commissioner Myers noted they have tried to coordinate that meeting. He suggested they deal with the matter now. Jeff Williams stated the whole issue was whether a fire engine or an ambulance or emergency vehicles could pass each other on the road. He suggested they get a fire engine and ambulance and see if they can pass each other on a 22’ wide road.

Commissioners Ellison and Dahl voted aye. Commissioners Eklund-Brown, Russell and Myers voted no. The motion failed 2-3 vote.



MOTION: Commissioner Dahl moved to accept the recommendation of the Elko County Planning Commission with the exception of 2 b be changed from 18 feet to 20 feet and that they include in this the Disclosure that was recommended by the Elko County Association of Realtors for future parcel maps and maps for division of lands into large parcels and the Elko County Planning Commission make two changes 1 b changing from 18 to 20 feet and to change the two feet ditch to what the County standard was now 1 foot.

Commissioner Russell recommended that they stay at the 4:1 slope. Commissioner Ellison seconded the motion. Commissioner Russell stated the 4:1 slope was important and asked that they give up the 1’ standard. Commissioner Dahl understood that was the county standard now. Commissioner Eklund-Brown clarified it was 4:1 slope with a 2:1 back slope.

Commissioner Dahl took the 1’ borrow pit out of the motion. Commissioner Ellison seconded the amendment.

Commissioner Eklund-Brown asked that 2 b be taken out total and with 2a only. She believed that width was too narrow and there would be more impacts. She noted Nye County did not get any snow and they have to consider future subdivision. She would agree to 22’ but not to the 20’. Commissioner Dahl noted 20’ was sufficient for fire. He believed whoever did the future subdivision should pay for the wider road. Commissioner Eklund-Brown believed it should be the original developer. She could not go to 20’ because 24’ was the AASHTO minimum standard for larger vehicles to pass. Commissioner Dahl noted that they saw pictures of roads that were good. Commissioner Eklund-Brown did not think they were all good roads and were not good for development. She commented that they would have to pull off to pass any big sized vehicles. Commissioner Dahl stated this was not for roads with County maintenance. Commissioner Eklund-Brown acknowledged this was for non dedicated roads, private roads. She would not agree to b at all because they were getting too many road width standards. She noted one person for four parcels would have to upgrade the road to 26’ road width. Commissioner Ellison felt it was a good compromise with the developers and have a good safety standard. Commissioner Eklund-Brown stated she would agree with staff deed restrictions that they terminate in that property and they don’t access other property. Commissioner Dahl did not think that made good sense. Commissioner Dahl stated 26’ width was good for the county standard and


county maintenance, and on private roads the 20’ was a good minimum standard. Robert Stokes requested the motion to be restated:

MOTION Commissioner Dahl moved that they accept the recommendation by the County Planning Commission with the exception of 2 b that the 18’ width would change to 20’ and for the inclusion of the Disclosure recommendation to be put on as a jurat on the map for future parcel maps and maps for division of land into large parcels.

Commissioner Myers voiced concern about changing the standard for safety and felt the 20’ road width could be very impacting. He stated the first time someone was involved in an accident they would find out real quick.

Commissioners Dahl, Myers Ellison, and Russell voted aye. Commissioner Eklund-Brown voted nay. The motion passed with majority vote 4 to 1.

Randy Brown stated this standard does not go into effect immediately. He would have to commission a civil engineer to redesign the standards to AASHTO standards and that it would require two meetings for change in County Code and it would require them to address private irrevocable easements within the County Code so it would be done concurrently. Commissioner Ellison requested clarification that this did not include subdivisions. Randy Brown stated it depended upon vehicle counts. He stated if they have a 30 unit subdivision and they project 7 vehicles trips per unit then that was estimated at 210 vehicle trips then it would go to the next standard. He stated anything under 200 vehicle trips this standard would apply. XII. COMMISSION MEETING CALENDAR: February 23, 2010 -- 1:30 p.m. – Elko – Courthouse March 10 & 11, 2010 -- 1:30 p.m. – Elko – Courthouse March 25, 2010 -- 1:30 p.m. – Elko – Courthouse All Times Pacific Time MOTION: Commissioner Ellison moved to approve the Commission

Meeting Calendar. Commissioner Russell seconded the motion. Commissioners Ellison, Russell, Myers and Dahl voted aye. Commissioner Eklund-Brown voted nay. The motion was passed by majority vote 4 to 1.

XIII. CONSENT AGENDA: A. Presentation and review of claims for approval



B. Approval of Minutes: January 6, 2010: 1. Board of County Commissioners

2. Board of Highway Commissioners 3. Jackpot Town Board

January 7, 2010: 1. Board of County Commissioners C. Sheriff Department Step Increase – Cecilia Baldazo D. Treasurer’s Tax Sale: Approval for the tax sale of 96 parcels on March 19, 2010. E. Community Clean-Up Day:

Approval of the yearly donation of $500 to the annual Community Clean-Up Day.

Commissioner Eklund-Brown inquired if Planning and Zoning and the Road Department looked at the tax sale parcels. Robert Stokes stated Roads had but did not know if the Planning Department had viewed it. Commissioner Eklund-Brown asked what fund clean-up day would come from. Commissioner Myers stated from the Commissioners’ Fund. MOTION: Commissioner Russell moved to approve the Consent

Agenda A-E unless there was a reservation and with minute corrections submitted by Commissioner Eklund-Brown and contingent upon Planning reviewing item D. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Chairman Myers moved the rest of the agenda items to the February 11th meeting agenda. XVI. ADJOURNMENT: MOTION: Commissioner Russell moved to adjourn the meeting.

Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

There being no further business to come before the Board, the meeting was adjourned at 6:23 p.m. APPROVED, CHARLIE MYERS, Chairperson


ATTEST: MARILYN TIPTON, Deputy Clerk



Elko County Board of Commissioners

Commissioners Sheri Eklund-Brown

Demar Dahl John Ellison

Charlie Myers Warren Russell

Elko County Manager Robert K. Stokes

STATE OF NEVADA ) COUNTY OF ELKO ) ss. FEBRUARY11, 2010 The Board of Elko County Commissioners met in regular session on Thursday, February 11, 2010, at 9:00 a.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair

Sheri Eklund-Brown Demar Dahl

John Ellison Warren Russell

County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Building Inspector Tom Ingersoll Planning & Zoning Dir. Randy Brown Sheriff Dale Lotspeich Undersheriff Doug Gailey

Chairman Myers called the meeting to order at 9:00 a.m.

Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance. I. COMMENTS BY THE GENERAL PUBLIC: Ken Wellington, Chairman of the Wildlife Advisory Committee, reported he attended the last State meeting held in Reno, signed in and sat in the back of the room. He noted Clark County was upset on some similar issues as Elko County and were holding Town Hall meetings. Ken Wellington informed them he had created a Mule Deer Restoration Subcommittee and appointed Tom Barnes and Candido Mendive as the co-chairs of that board. Ken Wellington commented that the committee had come back with recommendations and one


recommendation concerns grazing. Ken Wellington understood Mr. Fordin did not think ranching should be a part of the subcommittee and had sent out personal letters with handwritten envelopes concerning his comments that he had brought to the Commissioners in January. Ken Wellington stated Kristin McQueary had given them the NRS covering the letters and the Clark County Chairman read the NRS to them. He reported that both Attorney Generals present agreed with Clark County. Commissioner Eklund-Brown informed him of the letters and e-mails that they had received. Kristin McQueary stated pursuant to the Open Meeting law anything stated at a public meeting was not a privileged communication. She informed them that the state laws protect us in state courts. Ken Wellington reported that Pete Mori, Charles Myers and Boyd Spratling were meeting in the subcommittees and could substantiate his statements. Commissioner Eklund-Brown inquired if there was improvement at the state level and Ken Wellington replied no. Ken Wellington stated Brandon and Wade Fordin were present at the February State meeting and there were 30 to 40 meeting participants. II. COLDWELL BANKER ALGERIO / Q-TEAM REALTY: Discussion and consideration of authorization for Coldwell Banker Algerio / Q-Team Realty personnel to provide clean up / fix up services at the Elko County Cemetery in Elko. Lois Nannini stated Evelyn Temoke had been organizing this program. Mrs. Nannini encouraged the County’s support to go forward since they were the owners of the cemetery. She noted the County had access to inmate labor and requested they allow the Grounds Director to oversee the inmates to put in a sprinkler system. They hoped retailers would donate plumbing supplies to the sprinkler project and plants. Lois Nannini reported that Carol Buckner said the UNR English Department would help put together a recipe book which would contain stories of the cemetery as a fund raiser for the project. Commissioner Ellison volunteered to help with the project. Kristin McQueary asked that anyone not employed by the County sign a volunteer application to cover the potential County liability and those could be obtained through the Human Resource Department. Commissioner Eklund-Brown noted Newmont, the Lamoille Women’s Club and residents put in the sprinkler system at the Lamoille Grove. She questioned if the County would be asked for anything further. Lois Nannini stated unless they get the plumbing supplies there would be no need for the labor. Commissioner Ellison stated the County could inspect it. Commissioner Eklund-Brown inquired about long term maintenance and water. Mrs. Nannini reported they would approach the entity in charge of the water. Commissioner Myers stated he, Lois and Carol had discussed this project



and in the past Elko County had supplied dirt. The person who had been taking care of the cemetery voluntarily was a Vietnam Veteran. He believed the biggest cost would be the hookup fees. Lois Nannini stated the Evelyn Temoke should receive all the credit for this project and the Elko Band Council was supporting the project. MOTION: Commissioner Ellison moved they strongly support the

Coldwell Banker Algerio / Q-Team Realty and give them authorization to work on the Elko County Cemetery in Elko.

Commissioner Eklund-Brown seconded the motion. Lois Nannini clarified this was not a Coldwell Banker function; the agents were helping on the project. Commissioner Ellison amended his motion to authorize

county staff, the County Manager or Buildings and Grounds to give approval on the project and people filling out volunteer applications. Commissioner Eklund-Brown seconded the amendment. The motion was passed unanimously.

III. WELLS HEAD START PROGRAM: Discussion and consideration of current plans for the Wells area Head Start Program. Commissioner Dahl stated Jolene Supp had received positive reports. Cash Minor sat on the Board of Head Start and had supported the Wells program. The funding came from the federal government and they had to be in compliance with rules in keeping the Wells program going. Commissioner Dahl reported local groups were getting involved and the City was making commitments. Commissioner Russell questioned why the County was being asked to support the activity rather than the School District. Commissioner Dahl stated the County was not being asked to participate financially. IV. THE WELLS BAND OF TE-MOAK TRIBE OF WESTERN SHONE INDIANS: Discussion and consideration of the approval of a Memorandum of Understanding that authorizes the Elko County Building and Safety Division to provide services such as building permit, plan review and inspections to the Wells Band for a new Multi-Purpose Community Center on the Wells Colony. Elko County has received this request for said services with the understanding that Elko County building codes and standards will be used for this project.


Tom Ingersoll, Building Inspector, reported Kristin McQueary had completed a legal review of the Memorandum of Understanding. Commissioner Myers inquired about the concerns expressed in Ed Achurra’s letter. Tom Ingersoll stated Elko County currently uses NDF as their Fire Marshall and their third party plans examiner was from Code Review Services with a certification in fire inspection. He explained Elko County does not have jurisdiction on the sovereign land and cannot issue a certificate of occupancy but the County did have authority to issue a certificate of compliance. Commissioner Eklund-Brown inquired if a grant requirement was to have the government inspections. Bob McNichols, REZ Builders LLC; Paula Salazar, the Wells Band Chairwoman; Karen Franco, the Wells Band Vice-Chairman; and Melissa Franco, the administrator for the Wells Band, were introduced. Bob McNichols stated the tribes adopt the other building codes within the region but were not required to under the grant. A third party inspector gives them credibility. Tom Ingersoll stated they would collect deposits, do plan review, issue the permit and collect the fees prior to inspections. He noted there was a working relationship with the contractor and required registered engineers and architects up to the time the structure was finalized. Commissioner Ellison voiced concern about what happened after the building was built. Tom Ingersoll explained the Certificate of Compliance was up to that date of issuance and the County would not be liable for anything altered in the building from that date forward. Commissioner Ellison inquired if there was a maintenance program. Bob McNichols stated the replacement plan was established and that maintenance would be up to the band. Commissioner Ellison inquired if it was steel or block. Bob McNichols replied a steel or modular frame building; they would select architects to determine what type of building could be built to meet their needs. MOTION: Commissioner Eklund-Brown moved to approve the

Memorandum of Understanding with the Wells Band of Te-Moak Tribe of Western Shoshone Indians authorizing the Elko County Building and Safety Division to provide services such as building permit, plan review and inspections for the new Multi-Purpose Community Center on the Wells Colony. Commissioner Dahl and Russell seconded the motion. The motion was passed unanimously.

Paula Salazar expressed appreciation for acceptance of the MOU and invited them to the grand opening. Chairman Myers called a recess at 10:00 a.m. and reconvened the meeting at 10:07 a.m.



PUBLIC COMMENT: Undersheriff Gailey reported they had stepped up enforcement on Corral Lane and they had written eight citations last year. He stated they had concentrated on Corral Lane. Commissioner Myers understood if they were there then they were neglecting somewhere else. V. UNITED STATES GEOLOGICAL SURVEY (USGS): Update by Russ Plume, USGS, on the current study of the water resources in the Upper Humboldt River Basin. Russ Plume, USGS Hydrologist from Carson City, gave a historical overview of Phase 1 beginning in FY 2007, and Phase 2 beginning in 2009 to be completed in 2011. Russ Plume gave a power point presentation on the water budget for the upper Humboldt River Basin. There was a discussion on the remaining funding of $82,000 for FY 2011 water studies. Russ Plume reported that staff mapped the area last year and used satellite imaginary to process their mapping with results based on plant density. Commissioner Dahl inquired if they had data for Bishop Creek. Russ Plume stated they measured water levels within the Mary’s River area and would look at their old reports to see if they operated stream gauges on Bishop Creek. Russ Plume explained their water measurements through stream gauges. Commissioner Ellison inquired if the earthquake could change the water flow. Russ Plume replied an earthquake could affect a well. Commissioner Russell noted there was a formula to determine how much water for the various uses in the County. Russ Plume continued with his presentation on interaction of groundwater and stream flow. Commissioner Eklund-Brown inquired if the water study was in their budget. Commissioner Myers noted it would be placed in budget review. Russ Plume would come before the Board with his final results. Commissioner Russell asked that Russ Plume keep Mr. Brown, the Natural Resource Director, informed. Russ Plume had spoken to Randy Brown regarding rehabilitation of the Bishop Creek Dam and would give him an estimate on stream flow costs. VI. ELKO COUNTY ADVISORY BOARD TO MANAGE WILDLIFE: Discussion and consideration of the appointment of a member to the Elko County Advisory Board to Manage Wildlife. Commissioner Eklund-Brown noted they had received six applications: C. Matt Murray, Mitch Moiola, Wade Fordin, Dave Quandt, Craig Walsh, and Sara Wittenberg. Ken Wellington, Chairman, had reviewed the applications and stated that Mr. Murray was currently with Newmont and part of their committee working


with the TS Ranch. Commissioner Ellison stated he was an avid hunter. Ken Wellington felt that all candidates were unique. MOTION: Commissioner Ellison moved to appoint C. Matt Murray to

the position that was open. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

VII. METROPOLIS IRRIGATION RESTORATION PROJECT:

A. Discussion and consideration of an update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility consisting of road access, campsites, picnic tables and a dock on the Bishop Creek Reservoir. Randy Brown stated they would go to Army Corps of Engineers with their 404 application presentation on the 25th of February. They were considering applying for groundwater to maintain the minimum pool and to insure that the downstream users get water. Kirk Owsley had requested an Attorney General’s opinion on the months they could retain the water. Commissioner Dahl noted there were conflicting priorities on the system. Randy Brown clarified that the downstream users had the senior water rights. Commissioner Eklund-Brown suggested the Irrigation District allocate some of their water rights toward the minimum pool. Commissioner Dahl stated the agreement for the minimum pool was separate from the Decree. On a low water year, there was a question if there would be enough water in the district to maintain the minimum pool. B. Discussion and consideration of a request from the BLM to Elko County to file and accept current permitting responsibilities on the Bishop Creek Dam Project, until completion of the project and re-conveyance of BLM permits to the Metropolis Water District. Elko County previously filed an R&PP Lease Application on the recreation site. New filings would include a SF299 application for Transportation and Utility Systems and Facilities on Federal Lands for the proposed dam site and demolition of the existing dam along with roads for current and future access. Randy Brown explained the BLM SF299 lease would allow them to use the land for roads, dam, etc. He noted the BLM requested them to make the application with reversion back to the Irrigation District when the project was complete. He cautioned this also included the demolition of the dam. This would require two separate EAs, one for the recreation area and keep the new dam in the name of the BLM with the uses given to Elko County or the applicants. Commissioner Myers asked if this would impact their other EA’s for other projects. Randy Brown stated the Gary Back was performing an EA and



Commissioner Myers asked who paid Gary Back. Randy Brown replied the Irrigation District. Commissioner Myers asked to have all their BLM projects pending before the board at the next meeting. Randy Brown stated if this project did not go then the County would be responsible for the demolition of the dam. Robert Stokes noted the County was only providing assistance with this project and this type of BLM permit could be issued to the County or an irrigation district. Randy Brown stated they would go before the State Water Commission and Financing in June. He stated they have a full set of plans and a draft EIS that had been approved by the State of Nevada. MOTION: Commissioner Russell moved they do not file the SF 299

under the name of Elko County but instead under the name of the Metropolis Irrigation District. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

VIII. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. Randy Brown had moved water rights to a well site at the railport and those were approved by the State Engineer for 27.97 acre feet and 200 acre feet. Randy Brown would attend the Water Rights Association meeting in March and the Nevada State Water Law Conference in Reno the following week. The new water laws go into effect on July 1, 2010. He would file for groundwater near Bishop Creek Dam under the name of Elko County. IX. AMERICAN POSTAL WORKERS UNION LOCAL 1992: Discussion and consideration of a request by APWU Local 1992 to appeal to the Postal Rate Commission regarding the closure of the East Station Post Office in the East End Mall. Commissioner Ellison noted they took some services from the Main Post Office and were removing services on the east end of town. MOTION: Commissioner Eklund-Brown moved to send a letter

opposing their decision to close the East Station Post Office. Commissioner Russell seconded the motion.

Commissioner Myers asked that they change the motion to request the Postmaster come to the Commission and give them a briefing. MOTION: Commissioner Eklund-Brown moved that they request the

Postmaster come to Commission and give them a briefing.


Commissioner Russell seconded the amendment. The motion passed unanimously.

X. ELKO COUNTY SHERIFF’S DEPARTMENT: Elko County Communications Plan and Engineering Study: ACTION ITEM Discussion and consideration of a change order to increase the scope of work for the communications plan and study to include impacts and cost for interaction with the Central Dispatch Authority. Dale Lotspeich, Sheriff, met with county staff with regards to the communication study and the decision was made that they would not have all the information if they did not have the potential impacts. The contractor put together a change order request. Robert Stokes explained if they make changes to the County system it might impact Central Dispatch. MOTION: Commissioner Eklund-Brown moved to approve the

change order with funds to come from contingency in amount of $3,959 or the amount under the $75,000 budget approval. Commissioner Russell seconded the motion. The motion passed unanimously.

XI. ELKO COUNTY AMBULANCE: Update on the status of the ambulance service, including the hiring of a director. Robert Stokes noted there was a candidate coming in to meet with the selection committee next week. XII. VETERANS ADMINISTRATION: Update report on Elko County’s application for a VA clinic. Robert Stokes had not received any further information. XIII. U.S. FOREST SERVICE: Mountain City, Ruby Mountains and Jarbidge District Travel Management Project:

Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project. Tom Montoya, Mountain City District Ranger, and Gar Abbas, Ruby Mountain and Jarbidge District Ranger, were present. Tom Montoya stated they were continuing with analysis for the draft EIS which was to come out at the end of March or first of April. He was working with Randy Brown on the socio- economic report. Commissioner Eklund-Brown inquired if they were performing field surveys. Gar Abbas stated the winter stopped the field analysis but they



have less than 50 miles of roads that need archeological analysis. Commissioner Myers inquired if they would put out a schedule for the field trips. Tom Montoya stated after the weather improved and the draft EIS came out they could go back out and discuss the alternatives. The next liaison meeting with the Commission was scheduled for February 23, 2010. Commissioner Myers inquired about the RAC appointment and Tom Montoya responded those nominations were sent to Washington, D.C. XIV. COMMISSION AND COMMITTEE REPORTS: Commissioner Ellison: Nevada Association of Counties (NACO) Board Past President – NDOW elevated the sage grouse status, they discussed the State budget. There is a meeting in Las Vegas on the 26th of February. Robert Stokes would be in Carson City on the indigent/public defense. The District Attorney had written a letter regarding the indigent/public defense as an unfunded mandate. Nevada State Contractors Board – He hoped to hold the teleconference in Elko in June. Robert Stokes did not believe the Commission hearing room would be ready for teleconferencing. Debt Management Committee – Commissioner Ellison reported they approved the bonding for the county. Elko Senior Activity Programs Board Liaison – They would go to bid process and would speak to Cash Minor about the landscaping. They would request the ad valorem rate to be increased to two cents. Insect Abatement - He received a letter from the State regarding funding and requested a meeting be scheduled. Recreation Board – No information received on meetings. Western Counties Alliance – Requested a Get Well card be sent to Mark Walsh. Commissioner Dahl: Commission Vice-Chair City of Wells/City of West Wendover/Town of Jackpot/Town of Montello Liaison – He noted they already discussed the City of Well’s Head Start Program. Central Nevada Regional Water Authority (CNRWA) He stated they were keeping track of impacts from recent ruling from the Supreme Court. USFS Liaison / BLM Liaison – They received updates on the Ruby Pipeline, SWIP and the wild horse gathers. Commissioner Eklund-Brown: Commissioner Eklund-Brown requested they add another committee for her and Commissioner Ellison which was NACO Public Land and Natural


Resource Committee (PLNR). They will have a teleconference on the 19th of February. City of Carlin/Towns of Mt. City, Midas, Jarbidge & Tuscarora Community Liaison – She stated the City of Carlin was looking at ambulance memberships to increase revenues. She thanked John Kingwell for preparing the letters to the property owners on the Midas fence project. She inquired if the Tuscarora project was completed except the restrooms. Robert Stokes stated the doors had not been completed. Humboldt River Basin Water Authority – They would meet on the 9th of April. Nevada State Land Use Planning Advisory Commission (SLUPAC) - Next meeting was scheduled for April 2, 2010 in Eureka. Northeastern Nevada Stewardship Group – The annual meeting for the Stewardship Group would be held April 14th at the Trail Center at 6:00 p.m. Mining Sustainability – Meeting on February 16th at 9:30 a.m. to work on planning the national summit for this fall. China Spring / Aurora Pines Advisory Committee - Trying to get a meeting scheduled. Commissioner Ellison noted that a state deduction was proposed and questioned if funding would fall back to the counties as an unfunded mandate. Commissioner Eklund-Brown reported Elko County paid a large percentage of the contributions. BLM Liaison, BLM – RAC & REC-RAC California Trails Center Board Liaison; RMP & EIS Liaison – The Trail Center will be open and in June, July and August, they will have traveling exhibits. There will be a Grand opening in the spring of 2012. They were waiting for the two million dollar allocation through federal government. Hospital Board – They met on the 9th of February, Tuesday night for the CEO evaluation and commented Elko was highest producing hospital of the 48 hospitals they owned. She stated there were Medicare and Medicaid problems with the reimbursement rate getting worse. Commissioner Ellison suggested that Cash bring that back together with the ad valorem. Commissioner Eklund-Brown suggested the indigent care fund that was swept be looked at. Commissioner Ellison noted the adult program was hit the worse. Commissioner Russell: Highway Board Chair – He would encourage the Highway Department to look into the next budget year to obtain traffic counters; that would involve some staff logging of the material and require some effort on the part of the department. Commissioner Ellison inquired about the amount. Commissioner Russell noted the counter was $1,000 apiece for counters and the ideal number



was six counters, including software. He suggested to Otis Tipton that they do it over a five year period so as not to encumber employees that have other jobs. Local Emergency Planning Committee (LEPC) – No notice of activities. Central Nevada Regional Water Authority (CNRWA) – He stated they were working on recruiting Lincoln County. Humboldt River Basin Water Authority (Alternate) He had invited Russ Plume to give them the presentation today. Northern Nevada Regional Transit Coalition (Alternate) - No meeting held. Spring Creek Association - Commissioner Eklund-Brown inquired about the Spring Creek Association not allowing public comments under specific items. They were governed by the Open Meeting Law which allowed the audience to speak upon each individual item on the agenda. Kristin McQueary stated they were governed by some portions of the Open Meeting Law and did not know if the full effect was required of them. Commissioner Russell stated they adhere to the Open Meeting Law with regards to noticing the agenda. Regional Transportation Commission (RTC) - No meeting held. Budget Committee – Commissioner Myers had requested Debbie Armuth to put out a meeting schedule. Natural Resource Committee Liaison - Meeting to be scheduled in March. Nevadaworks – No notice of meetings. Commissioner Myers:

Nevada Commission on Economic Development – Leaving Friday for meeting.

City of Elko – The City budget was short approximately one million dollars. They cut $388,000 in their budget in preparation for upcoming requirements; personnel cuts were their last resort. Commissioner Russell felt they would focus on capital projects. Commissioner Myers asked if they have a pet project make them aware of it and put it on the budget list. Northern Nevada Transit Coalition - The organization was reorganizing on March 20, 2010. Commissioner Ellison inquired if they were going for federal funding for their assisted living project. Commissioner Myers stated that would be discussed. XIV. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes reported the chairs would be in the meeting room today. The company would finish the sound system and the screen would be put in today or tomorrow. He believed they would meet in the new building in March. The current meeting room was scheduled to become the Family Court chambers at the request of District Court II. Commissioner Myers asked if that was voted upon and felt the Board should make that decision. Commissioner Myers asked


that be on 23rd of February agenda. Robert Stokes invited all the departments in the Courthouse building for participation. Cash Minor submitted an accounting of payments to USGS under contract. Commissioner Myers stated under budgeting they have the Midas fencing project, the Tuscarora restroom and the USGS project. He suggested that each Commissioner chose one project per year to fund. Commissioner Eklund-Brown noted that they started the internet project and the fencing was paid for. She inquired if they received her memo on Rodeo Creek Gold. Commissioner Myers inquired about computers for the Commissioners. Cash Minor stated Robert Stokes and Michele Petty were addressing that. Commissioner Ellison and Robert Stokes would be in Carson City tomorrow on the Fire Science Academy. Kristin McQueary was working on proposed language changes in the Jarbidge settlement process. She would review those with Robert Stokes, Commissioners Dahl and Russell. She would attend the pretrial conference on a federal lawsuit and not be present for the February 23rd meeting; Jennifer Spencer would be her substitute. AGENDA ADENDUM:

GENERAL OBLIGATION (LIMITED TAX) BONDS: Discussion and consideration Resolution 10-2010, entitled: A RESOLUTION OF INTENT, PROPOSING THE ISSUANCE OF, AND AUTHORIZING THE PUBLICATION OF NOTICES RELATING TO GENERAL OBLIGATION (LIMITED TAX) VARIOUS PURPOSE AND REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES) FOR THE PURPOSE OF FINANCING THE COST OF ACQUIRING COUNTY VEHICLES AND RELATED EQUIPMENT AND REFUNDING CERTAIN OUTSTANDING MEDIUM-TERM BONDS; PROVIDING THE MANNER, FORM AND CONTENTS OF THE NOTICES THEREOF; PROVIDING OTHER MATTERS PROPERLY RELATED THERETO; AND PROVIDING THE EFFECTIVE DATE HEREOF. Cash Minor stated this would refinance the 10 million dollar issue for the railport and for public safety equipment in the current budget. He stated would issue the bonds in June. He noted Commissioner Ellison was allowed to vote on this at Debt Management because it was refinancing and was not intended to do additional improvements at the railport. MOTION: Commissioner Russell moved to adopt Resolution 10-

2010, entitled: A RESOLUTION OF INTENT, PROPOSING THE ISSUANCE OF, AND AUTHORIZING THE PUBLICATION OF NOTICES RELATING TO GENERAL



OBLIGATION (LIMITED TAX) VARIOUS PURPOSE AND REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES) FOR THE PURPOSE OF FINANCING THE COST OF ACQUIRING COUNTY VEHICLES AND RELATED EQUIPMENT AND REFUNDING CERTAIN OUTSTANDING MEDIUM-TERM BONDS; PROVIDING THE MANNER, FORM AND CONTENTS OF THE NOTICES THEREOF; PROVIDING OTHER MATTERS PROPERLY RELATED THERETO; AND PROVIDING THE EFFECTIVE DATE HEREOF.

Commissioner Ellison disclosed he did not have a pecuniary interest in this matter and felt he could vote on this agenda item. Commissioner Eklund-Brown seconded the motion. The

motion was passed unanimously. XV. NORTHEASTERN NEVADA REGIONAL RAILPORT: Discussion and consideration of issues related to the Northeastern Nevada Regional Railport including an update on the construction of the facility. Commissioner Ellison departed the meeting room at 11:53 a.m. Randy Brown reported the trailer had sewer, water and electrical would be connected today. Savage would be able to occupy it upon a State Inspection. Peavine Construction’s startup date in the spring was the 1st of April and they should finish within four weeks. Randy Brown reported Pacific Steel’s cars were sitting on the siding and Savage would bring their locomotive in next week. He stated the Ruby Pipeline would bring in cars on the 16th or 18th of next week. XIX. ADJOURNMENT: MOTION: Commissioner Dahl moved to adjourn the meeting.

Commissioner Russell seconded the motion. The motion was passed unanimously.

There being no further business to come before the Board, the meeting was adjourned. APPROVED, CHARLIE MYERS, Chairperson ATTEST: MARILYN TIPTON, Deputy Clerk

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