elko county board of commissioners · the ice cream social had 250 parents and ... in the 4-11...

ELKO COUNTY COMMISSION

REGULAR SESSION

JUNE 6, 2012

PAGE 1

Elko County Board of CommissionersCommissioners

Demar DahlGlen Guttry

Charlie MyersWarren Russell

R. Jeff WilliamsElko County Manager

Robert K. Stokes

STATE OF NEVADA )COUNTY OF ELKO ) ss. JUNE 6, 2012

The Board of Elko County Commissioners met in regular session onWednesday, June 6, 2012, at 1:30 p.m., in Suite 102 of the NanniniAdministrative Building at 540 Court Street, Elko, Nevada.

There were present: County Commissioners R. Jeff Williams, ChairDemar DahlGlen GuttryCharlie MyersWarren Russell

County Manager Robert StokesCFO/Asst Manager Cash MinorDeputy County Clerk Marilyn TiptonPlanning/Zoning/NRMAC Randy Brown

Chairman Williams called the meeting to order at 1:34 p.m.Commissioner Dahl led the meeting participants in the Pledge of

Allegiance.

1:35:31 PM:

I. COMMENTS BY THE GENERAL PUBLIC:Commissioner Russell read Article I, Section 10 from the Constitution of the

United States.1:38:21 PM:

II. CERTIFICATE OF APPRECIATION:Discussion and consideration of the presentation of a Certificate of

Appreciation to Elko Daily Free Press Reporter, Adella Harding, on herretirement, for her work with Elko County representing the Elko Daily Free Press.

The Board Members individually commended Adella Harding on her abilityto present the facts clearly to the public without trying to influence the reader; thetrust she has gained from her readers; her efforts on the Mining Quarterlypublication; on informing the public of the benefits from mining, and her


REGULAR SESSION

JUNE 6, 2012

PAGE 2

professionalism. Commissioner Guttry commented she had the admiration of thefellow media reporters in the community.

Jeff White, Newmont Mining Corporation, had worked closely with Adellaand commended her on her professionalism and her ability to communicate tothe non mining audience the mining story. He voiced appreciation to Adella fromhim and Newmont and wished her the best in retirement.

John Carpenter commented nobody can write a letter like Adella could andremember all the details. He publicly thanked her for her kind words through theyears and the great stories she had written.

Adella Harding stated Elko was a great community to live in and theCommissioners have never been shy so they make a difference for the country.

Commissioner Russell commented Adella was a talented photographer.Kristin McQueary voiced appreciation for Adella’s professionalism and her

attention to detail.MOTION: Commissioner Myers moved to approve a Certificate of

Appreciation to Adella Harding. Commissioner Dahl secondedthe motion. The motion passed unanimously.

1:50:23 PM:

III. AVIATION APPRECIATION MONTH:Discussion and consideration of approval of Proclamation 2012-H

proclaiming June as Aviation Appreciation Month, in recognition of the positiveimpacts of aviation in Elko County.MOTION: Commissioner Myers moved to approve Proclamation 2012-H

proclaiming June as Aviation Appreciation Month.Commissioner Russell seconded the motion.

Commissioner Guttry stated this Proclamation was to demonstrate to thepublic what asset airports were to the communities.

The motion passed unanimously.1:53:42 PM:

IV. OFFICE OF THE DISTRICT ATTORNEY OF ELKO COUNTY, NEVADA:Jarbidge South Canyon Legal Case:Discussion and consideration of a recommendation from District Attorney,

Mark Torvinen, to approve Resolution 07-2012 to retain the services of GaryWoodbury, local attorney and former District Attorney, to assist in the JarbidgeSouth Canyon Legal Case.

Mark Torvinen, Elko County District Attorney, commented that GaryWoodbury had been assisting informally since he left the office and requestedthe County formalize the retention of his services through a Resolution. Hestated Gary Woodbury was knowledgeable of the case and willing to engage inthese services.


REGULAR SESSION

JUNE 6, 2012

PAGE 3

Commissioner Guttry inquired which budget this would come from. CashMinor stated it would be a budget adjustment for this year and next year.Commissioners Myers and Russell stated this had been discussed by the BudgetCommittee and they gave the recommendation to proceed with this action.

Grant Gerber supported the retention of Gary Woodbury’s services andcommented upon his involvement in the lawsuit when representing JohnCarpenter. He publicly thanked Kristin McQueary for keeping him informed onthat case.MOTION: Commissioner Myers moved to adopt Resolution 07-2012 to

retain the services of Gary Woodbury to assist in the JarbidgeSouth Canyon Legal Case. Commissioner Russell seconded themotion. The motion passed unanimously.

2:01:19 PM:

V. ELKO COUNTY 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. Library BoardMinutes and Law Library Minutes were previously submitted.

Jeanette Hammons stated there was nothing new to report for the LawLibrary at this time. She stated the Summer Reading Program was sponsored byBarrick Goldstrike again this year. The Ice Cream Social had 250 parents andchildren attending. Jeanette Hammons stated in the Summer Reading Programthe 0-3 year olds there were 73 registered; in the 4-11 year-olds there were 336registered; and for the 12 to 18 year olds there were 59 registered. JeanetteHammons reported upon the activities under their Adult Summer ReadingProgram. She stated Joe Doucette would present a program on nocturnalanimals. Jeanette Hammons stated the Tri County Needs Assessment steeringcommittee would meet on July 30th and they would set the goals.

Commissioner Russell inquired about the condition of the roof. JeanetteHammons replied Buildings and Grounds was watching the roof.2:03:45 PM:

JACKPOT TOWN BOARD:The Jackpot Town Board was called to Order at 2:03 p.m.

VI. TOWN OF JACKPOT:2010 Water System Improvement Project:Discussion and consideration of approval of Resolution 08-2012 accepting

the completion of the Jackpot Water improvement Project – Well 6 Rebid ascomplete.

Lynn Forsberg stated this Resolution was necessary to close the loan withthe USDA.MOTION: Commissioner Myers moved to adopt Resolution 08-2012

accepting the completion of the Jackpot Water improvement


REGULAR SESSION

JUNE 6, 2012

PAGE 4

Project – Well 6 Rebid as complete. Commissioner Guttryseconded the motion. The motion passed unanimously.

2:05:05 PM:

ADJOURNMENT OF JACKPOT TOWN BOARD:The Jackpot Town Board was adjourned at 2:05 p.m.Public Lands Chairman Dahl assumed control of the meeting.

VII. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICTTRAVEL MANAGEMENT PROJECT:

Discussion and consideration of issues regarding the Mountain City, RubyMountains and Jarbidge District Travel Management Project ROD including thepossible development of a resolution of joint support and the possible formationof an organization with other affected counties and tribal councils.

Commissioner Dahl reported that the American Lands Council was leadingthe Tombstone Shovel Brigade on Friday and Saturday. He believed what theCounty did in the South Canyon issue caused Elko County to be the last forest toget a Record of Decision upon and brought about the birth of the AmericanLands Council. Commissioner Dahl stated the Tombstone Shovel Brigade wasnow incorporated. He gave an overview of the control the Forest Service wasexercising over the springs and pipeline going to the Tombstone’s water supply.Commissioner Dahl explained the town’s water supply was now located within aWilderness Area. He stated the American Lands Council would continue toaddress the Travel Management Plans and multiple counties had joined theCouncil.

Commissioner Dahl stated there was an appeal filed with the Tenth CircuitCourt on travel management because the Forest Service had created defactoWilderness without going through the procedures under the Wilderness Act.

Commissioner Dahl commented Tombstone had to show proof ofownership on their water rights which was dated 1881 and proof of their roadeasement. He noted the Forest Service was requiring the Town of Tombstone tohave 25 permits, one for each individual spring but the town was still unable torepair the damage to the springs with mechanical means.

Commissioner Myers inquired if the case at the Tenth Circuit Court wasgoing through the system or if it had been ruled upon. Commissioner Dahl statedthe association of counties was Wyoming, NACO, and Utah had submitted theappeal.

Commissioner Guttry inquired about the appeal process on the Record ofDecision. He noted an informal hearing was to be held with the County within 45days to work out the issues at the lower level before it goes to independentpeople who were not involved in the process. He inquired if the informal meetingwould be scheduled with the entire Board of Commissioners. CommissionerDahl had suggested they schedule that meeting in an e-mail. Kristin McQueary


REGULAR SESSION

JUNE 6, 2012

PAGE 5

stated it would require a meeting agenda item if they were to make a decision.Commissioner Dahl commented that Garr Abbas had proposed a 16 hourmeeting but they never had that meeting. He believed this was an opportunity forthe Forest Service to make clear their position. Commissioner Guttry voicedconcern with the limited time remaining to hold the meeting. Randy Brownsuggested if they hold a meeting it be held with the entire Board. He stated ifthere was no conclusion from the meeting with the Forest Service then a ForestService team would be appointed to review the process and make arecommendation to Jeannie Higgins to make the final decision. CommissionerMyers inquired who would select the members to sit upon the team. RandyBrown stated fellow Forest Service employees.

Commissioner Myers stated the County had appealed and only receivedone-half mile game retrieval from 9:00 a.m. to 3:00 p.m. He stated defense,judge and jury all rested with one person, Jeannie Higgins. Commissioner Myersstated the appeal would go to Jeannie Higgins. Randy Brown urged the CountyCommission to follow the Forest Service’s protocol. Commissioner Myersbelieved the process was a circle back to Jeannie Higgins and she would notchange anything. Randy Brown hoped they would address the first two partswithin their appeal including their failure to submit a correct, comprehensive andaccurate survey of the roads which includes the baseline of “no action”alternative. He stated if they could not display all the roads on the maps then hequestioned if this was a proper procedure. He stated the Forest Servicerepresentatives had admitted they did not know if they have all the roadsmapped. Randy Brown questioned how they establish a baseline of what wouldremain open and what would be closed if there was not a comprehensiveinventory of those roads.

Commissioner Myers stated Jeannie Higgins told her rangers to write theplan and then approved the plan. He questioned why Jeannie Higgins wouldapprove the County’s appeal to the plan if she was the one that previouslyapproved it.

Commissioner Dahl stated they had created a record.Kristin McQueary stated it was a prerequisite to get into Court.Randy Brown stated they may take this to the Standing Committee on

Environmental Quality. He stated one of the issues was a “no action” baselinewhich was not correct. Commissioner Dahl stated the committee was appointedby President Obama.2:21:57:PM:

VIII. GREATER SAGE-GROUSE MANAGEMENT ISSUE:Discussion and consideration of issues related to the Greater Sage-Grouse

management issue including the BLM Greater Sage-Grouse InterimManagement Policies and Procedures Instructional Memorandum; the


REGULAR SESSION

JUNE 6, 2012

PAGE 6

Governor’s Greater Sage-Grouse Advisory Committee; development of an ElkoCounty Plan to manage Sage-Grouse including impacts to public landsmanagement processes and operations, other possible public land managementimplications.

Commissioner Dahl commented that Ralph Sacrison drafted a goodoutline.

Commissioner Myers stated they needed to know what the EndangeredSpecies Act was and the classification/determination for the sage grouse. Heread the scoping document put out by the US Fish and Wildlife Service on thesage grouse in our area and the sage grouse in the Gunnison. He statedthroughout the document the US Fish & Wildlife Service blamed grazing, bothcattle and sheep, for the situation of sage grouse. Commissioner Myers readCommissioner Guttry’s document which pointed out the elimination of cattle fromthe range due to the agency regulations about the fires.

Randy Brown stated Commissioner Guttry had requested him at theMonday meeting to find the court documents/rulings that Ted Koch had referredto. Randy Brown had spoken to Ted Koch and he had not remembered referringto those court rulings. He stated Ted Koch had directed his subordinate to obtainthat information and send him a copy; at this time he did not have a copy of thosecourt rulings. Randy Brown researched the court rulings and could not find thosetwo specific rulings. He stated in 2007 a court ruling said the US Fish andWildlife would make a determination by 2015 whether this bird would be listed ornot. Randy Brown had discovered eight (8) more court rulings (all from JudgeWinmill) based upon cattle grazing and habitat with reference to sage grouse.He noted there were few references to sage grouse populations in those courtrulings. Randy Brown stated the rulings were based upon grazing and humanuse of the land.

Commissioner Myers stated halfway in the US Fish and Wildlife Servicefindings there were eight or nine court cases cited from Judge Winmill regardingIdaho. Randy Brown stated Idaho, Wyoming, and Montana were addressed inthose court cases.

Commissioner Myers stated in the beginning of the document they talkabout 1,000 sage grouse in Oregon which was under the 5,000 but was not arepresentation of what was in Wyoming or Nevada. He questioned their soundscience.

Randy Brown stated most of the court rulings by Judge Winmill were uponlawsuits presented by Western Watershed and were concerning livestock grazingupon BLM under the RMPs. He stated Judge Winmill was very consistent inthose lawsuits in his determination that grazing was detrimental to sage grouseand sage grouse habitat. Randy Brown believed the US. Fish and Wildlife


REGULAR SESSION

JUNE 6, 2012

PAGE 7

Service interpretations came from those Court rulings of Judge Winmill. Hestated in his research it did not say the bird should be listed due to habitat.

Kristin McQueary stated they could pull down all those court findings fromthe web.

Randy Brown had those documents and would do a summary/white paperupon those court rulings and upon the newspaper articles which were moreinformative. He could not find a court ruling by another Judge.

Commissioner Dahl clarified that the Commission was being told thenumbers don’t count on the listing even though there were 325,550 and they onlyneed 5,000 for a minimum viable population to sustain the species because thecourt had rejected the numbers. He commented it was only one Judge’s rulingsand those ruling revolve around agricultural use upon public lands.

Commissioner Williams commented Judge Winmill had the power andWestern Watershed was submitting the lawsuits to cause the rulings. Hesuggested the County go on the offensive.

Randy Brown stated in a newspaper article they questioned why the BLMhad not appealed. He noted on all of Judge Winmill’s rulings the BLM had notappealed.

Commissioner Williams stated Western Watersheds issue has always beengrazing and not sage grouse.

Randy Brown reported that six other lawsuits were brought forth byWestern Watershed some using pigmy rabbits. He stated Judge Winmill haddisputed all scientific evidence brought before him from federal agencies,independent biologists and based his rulings without knowledge.

Commissioner Dahl stated Quinton Barr now had an invitation to appearbefore the Governor’s Committee on Sage Grouse and present his numbers. Hestated Ted Cook was the decision maker for the US Fish and Wildlife in Nevada.

Commissioner Myers commented Ted Koch, US Fish and Wildlife Biologist,had been before the Elko County Wildlife Advisory Board and NRMAC but neverbefore the County Commission. He suggested they request Ted Cook come andinform them of the scientific information.

Commissioner Guttry commented they were addressing two differentissues and two different agencies. He understood the US Fish and WildlifeService was interested in numbers which was where the 5,000 minimum viablepopulation came from. He noted the BLM’s position was they were movingforward with a habitat plan as directed by the US Fish and Wildlife Service whichhad nothing to do with the numbers of any kind other than future monitoring.Commissioner Guttry understood that the State of Nevada was going to take upthe issue that it should not be listed after speaking to Assemblyman Goicoechea.Commissioner Guttry stated the BLM was moving forward with their habitat


REGULAR SESSION

JUNE 6, 2012

PAGE 8

planning process as though that had nothing to do with the listing. He suggesteda two prong approach to try and get it so it was not legal to list it and at the sametime talk to the BLM through an Elko County drafted plan to let them know theCounty’s position because the BLM was moving forward on their habitat plan.

Commissioner Dahl noted Quinton Barr had proposed a three prongapproach on Monday. One approach was to take the position that according totheir language and numbers the sage grouse listing was not justified. Thesecond approach was to draft an Elko County sage grouse plan, not because itwas threatened or endangered, because it was important to Elko County.

Commissioner Williams stated Ted Koch had already testified at the ElkoCounty Wildlife Advisory Board meeting that even if the number of sage grousehad increased the US Fish and Wildlife could still list it as long as they had adecline in habitat. Commissioner Myers believed that was a contradiction to theEndangered Species Act.

Commissioner Guttry commented they could have years of drought or toomuch moisture that would impact the numbers of sage grouse. CommissionerMyers stated if they have 500,000 birds and the magic number was 5,000 but thehabitat was declining even if they eliminated three quarters of the birds youwould still have sufficient habitat for the one quarter population of birds.

Commissioner Dahl stated they have 1 to 1 ½ million acres of habitat.Commissioner Guttry encouraged them to draft their plan and noted he had

other recommendations to that plan.Grant Gerber was invited by Governor Otter of Idaho to participate in his

annual trail ride to discuss land issues. He stated the ride would be in theOwyhee area at the end of June. Grant Gerber requested authorization to takeQuinton Barr’s report and present it to the Idaho Governor and trail rideparticipants. He would ask Cliff Gardner for information to be submitted to theparticipants on the trail ride also.

Commissioner Dahl stated the report belonged to Quinton Barr and not tothe County.

David Overcast, Associate District Manager for the BLM, stated the BLMwas currently in the process of putting together the plan because the RMP landuse plans were regulatory mechanisms in place that would help them toconserve the habitat for sage grouse based upon the US Fish and Wildlifefindings for the bird to be warranted but not listed. David Overcast stated theBLM was committed to the long term conservation of sage grouse, working withstakeholders or any individuals out there across a blended landscape regardlessof ownership. He asked if Elko County was moving forward with a sage grouseplan that it be an inclusive plan, including partners, stakeholders and players,


REGULAR SESSION

JUNE 6, 2012

PAGE 9

ranchers, Forest Service, NDOW, mines and the BLM. David Overcast statedthe BLM would like the opportunity to provide input to the Elko County Plan.

Commissioner Dahl stated BLM, Forest Service, etc., were welcome to joinElko County within their plan. He stated Elko County was close to taking aposition that there was no justification for the listing of the bird. CommissionerDahl believed the County would draft a plan for the benefit of the sage grouse butnot because it was threatened or endangered but because it was important toElko County historically and it was a game bird. David Overcast stated the BLMcould not take a position but would provide their science and provide input to theplanning process. He stated the BLM would request that their input berecognized in the document and addressed. He noted the position would be aCounty decision.

Commissioner Dahl stated if the BLM was going to continue with the sametype of decisions as the Interim Management Policies and Plans then the Countywould not be able to support the BLM’s claim. He would consider the BLM inputas long as it would not economically impact the County such as the ChinaMountain Wind Generation Project or the Oil and Gas Lease delays.

Commissioner Russell inquired of David Overcast if the numbers did notmatter then wouldn’t the habitat always going to be a moving target; how couldyou quantify a habitat.

David Overcast stated the BLM was listening to all the stakeholders andthey were considering that in their decisions as they move forward. He statedBLM was a multiple use agency managing vegetation and values (wild horsesand burros) for the nation. He stated under their multiple use strategy the BLMprovides good quality habitat for the species across the landscape balancing itwith uses that may distract from another use. He stated based upon what the USFish and Wildlife Service was telling them the BLM would have the regulatorymechanisms in place in the land use plan demonstrating they looked at habitatwhen they moved forward with renewable energy or other uses on thelandscape. David Overcast stated he had moved all Elko County’s issues andconcerns forward to the next level in the process.

Cliff Gardner, Rural Heritage Preservation Foundation, referred to anewspaper article published approximately a year ago entitled: Findings andFacts, Historical, Scientific and Commercial Data. He stated that document wassent to all the agencies, with the exception of the BLM, with the request that eachfinding in that document be addressed in their analysis. Cliff Gardner statednone of the agencies had responded to that document. He stated if there was adue process within the County then the BLM could submit their input and theCounty could base their decision upon the best available scientific data on hand.Cliff Gardner stated if the BLM was avoiding the Finding of Fact document within


REGULAR SESSION

JUNE 6, 2012

PAGE 10

their analysis then the County could call the court’s attention to it. Cliff Gardnerrequested that if they move forward with their County plan that they address allthe issues in detail. He stated Rural Heritage Preservation Project was diligent inraising questions to the BLM upon research needs. Cliff Gardner stated it wasdifficult for the BLM to move forward because they cannot implement any actionthat in the long term would be detrimental to the species. He stated RuralHeritage Preservation Project requested the County address each of the issuesthat were within the Findings of Fact Document.

Commissioner Guttry had read the Findings of Fact Document and it waswell documented and well researched. He did not believe it was a matter ofopinion but it is a recollection of a lot of folks from the early 1800’s that exploredthe west. He noted most of it was from diaries and from explorers who wereobserving what was upon the ground. Commissioner Guttry stated it wasantidotal but the federal agencies do not recognize that as science whendetermining whether to list the sage grouse. He believed the BLM would onlyconsider some of that document. Commissioner Guttry stated it was clear to himthat the landscape in the past was far worse than it was now because grazingand man had improved the landscape. He believed that the information shouldbe used and understood according to NEPA or the ESA it was required that theagency use that information.

Cliff Gardner stated within the Forest Service and Department of Interiorregulations for the BLM they were supposed to base their decisions on the bestscientific data. He noted that under the Endangered Species Act the languagewas clear that it was to be based upon the best and commercial data. CliffGardner explained commercial data was the information coming from the privatesector. He noted the overall language within the agencies’ planning processesparticularly within NEPA was attempting to get the decision making back down tothe County level. Cliff Gardner noted the definition of scientific data in thedictionary included historical evidence and testimony from layman. He stated ifthey went to the Council of Environmental Quality scientific data would probablyinclude historical evidence. Cliff Gardner stated last year the County tooktestimony from the local people to develop a good record. He noted the agencywas invited to present records but did not participate. Cliff Gardner stated duringthe Sage Brush Rebellion the agencies were asked to bring in their science inopposition to the people’s testimony and they did not come to the meetings.

Commissioner Guttry stated past practice and history should tell them whatthey should do in the future.

Cliff Gardner noted the US Fish and Wildlife Service was developing aformula to calculate how many of the species was in the area which avoided thepredator control issue. He stated an evidentiary hearing was not being held to


REGULAR SESSION

JUNE 6, 2012

PAGE 11

offer the individuals an opportunity to comment even though they were beingdirectly impacted through their livelihoods.

Commissioner Guttry did not believe the agencies would use the pastpractice of history. He stated the past Court cases have proven that the federalagencies stand up to scrutiny when asked to look at past history.

Cliff Gardner stated they were using the language from NEPA to developthe plan and the federal agencies were to consider the local plans. He statedthe federal agency had never been challenged by a local entity on their analysis.He reviewed the first chapter of NEPA wherein they were to disclose all theinformation that they had collected or they cannot go forward with their decision.Cliff Gardner stated they should raise the issue for the agency to address everydocument such as the Findings of Fact Document. He stated the Committee ofEnvironmental Quality should review that.

Ralph Sacrison, Chairman of NRMAC, stated the Findings that were madeavailable to NRMAC by Mr. Gardner contained a biologist, Mr. King’s, work. Hestated Assemblyman Hansen made a statement to the legislature during the lastsession regarding Mr. King so his work was still highly regarded as substantialscientific value.

Sam Sanders, the Northeastern Nevada Stewardship Group Sage GrousePod Chairman, had been gathering information upon weed management to useas a baseline when the decision was made in 2015. He suggested the Countyconsider that within their plan and stressed there were activities being done thatwere good for sage grouse that were not being recorded. Sam Sandersexplained the Pheasants Forever group was collaborative and partnered withvarious agencies and groups in the region. He submitted a copy of the NaturalResource Conservation Service Sage Grouse Initiative conference reportcontaining 40 practice standards that were either neutral or beneficial for sagegrouse. Also submitted, was a copy of the State of Nevada’s supplemental tothat document and Monitoring of Great Sage Grouse Habitats and Populationsfor the County’s consideration within their plan.

Commissioner Dahl inquired how long the Pheasants Forever organizationhad been established. Sam Sanders replied in approximately 1983 bysportsmen who liked to hunt.

Sam Sanders submitted a listing of agencies/organizations that assist withthe sage grouse related issues.

Commissioner Dahl stated Quinton Barr had been given fifteen minutes togive a presentation to the Governor’s Sage Grouse Committee on Monday.

Commissioner Guttry stated they should not call their document a planningdocument but rather a Resolution or recommendations to be included within theBureau of Land Management’s Plan that come from Elko County.


REGULAR SESSION

JUNE 6, 2012

PAGE 12

Commissioner Dahl stated Elko County could form a plan and believed theplan would be considered by the agencies. Commissioner Dahl stated they haddiscussed making a pilot project. Commissioner Guttry noted the BLM wouldhave to coordinate on that project.

Commissioner Russell believed they could designate a geographical areaand negotiate with everyone involved to implement a plan on that area because itwas a limited test area. He believed the BLM would support the County in thisendeavor.

Commissioner Dahl stated the history on the Wildlife Refuges would beimportant information along with the test plot.

Commissioner Myers recommended they look at fire, predation, a studyarea, habitat and cooperating agencies as a guideline for drafting the Countyplan. He noted Mark Jensen would be at their mid-month meeting to speak uponthe predation. He believed the study area would provide valuable information butquestioned what to do with habitat. Commissioner Myers suggested theycoordinate with the Northeastern Nevada Stewardship Group, NRMAC, etc., onhabitat.MOTION: Commissioner Myers moved that Quinton Barr appear before the

Governor’s Sage Grouse Committee on behalf of the County andapprove the cost for that representation. Commissioner Guttryseconded the motion. The motion passed unanimously.

Garr Abbas stated he was back in the capacity as Forest District Ranger forthe Ruby Mountains-Jarbidge District.

Cliff Gardner stated the Land Management Policy Act, Clause 202 said theagency had to coordinate planning with the local plans and that language wasalso in NEPA. He stated the counties were granted authority to do planningunder Bill 40.3:22:47 PM: RECESS:

Chairman Williams called a recess at 3:22 p.m.3:36:58 PM: RECONVENE:

Chairman Williams reconvened the meeting at 3:36 p.m.Commissioners Dahl and Russell were absent for the remainder of the

meeting.IX. ELKO COUNTY PLANNING AND ZONING DEPARTMENT:

Roadway Dedication for Parcel Map Request:Discussion and consideration of a request for a roadway dedication for a

parcel map for Renney R. Brown on La Vista Drive and Arthur Avenue in theRyndon area, located in Section 36, T36N, R56E, M.D.B.&M..

Randy Brown stated this parcel map was approved by the Planning andZoning Department pursuant to Elko County Code and State Statutes. He


REGULAR SESSION

JUNE 6, 2012

PAGE 13

clarified this was an offer for roadway dedication for public purposes but not formaintenance. Randy Brown gave the location of the roadway dedication.MOTION: Commissioner Myers moved to approve the request for a

roadway dedication for a parcel map for Renney R Brown on LaVista Drive and Arthur Avenue in the Ryndon area, located inSection 36, T36N, R56E, M.D.B.&M for public purposes but notfor County maintenance. Commissioner Guttry seconded themotion.

Chairman Williams called for public comment, no comments were submitted.Commissioners Myers, Guttry and Williams voted aye.Commissioners Dahl and Russell were absent. The motionpassed by majority vote.

3:40:00 PM:

X. ELKO COUNTY WATER RESOURCE ISSUES:Discussion and consideration of water resource management and water

rights issues that may impact Elko County including possible discussion relatedto the Southern Nevada Water Authority pipeline project, the Central NevadaRegional Water Authority activities and issues.

No comments were submitted.3:40:32 PM:

XI. ELKO COUNTY CODE:Typographical Error Corrections:A. Pursuant to Notice 18-2012 conduct a Public Hearing and second

reading of Ordinance 2012-04, Bill D, entitled, AN ORDINANCE AMENDINGBILL NO. H, ORDINANCE NO. 2011–08 TO CORRECT TYPOGRAPHICALERROR AND ALL OTHER MATTERS PROPERLY RELATED THERETO, whichsection deals with possession of stolen property.

MOTION: Commissioner Guttry moved to approve the Second Reading ofOrdinance 2012-04, Bill D, entitled, AN ORDINANCE AMENDINGBILL NO. H, ORDINANCE NO. 2011–08 TO CORRECTTYPOGRAPHICAL ERROR. Commissioner Myers seconded themotion.

Chairman Williams called for public comment. No public commentsubmitted.

Commissioners Guttry, Myers and Williams voted aye.Commissioners Dahl and Russell were absent. The motionpassed by majority vote.

Kristin McQueary reviewed the typographical errors that had occurred.


REGULAR SESSION

JUNE 6, 2012

PAGE 14

B. Pursuant to Notice 19-2012 conduct a Public Hearing and secondreading of AND ALL OTHER MATTERS PROPERLY RELATED THERETO,which section deals with traffic laws.MOTION: Commissioner Myers moved to approve the Second Reading of

Ordinance 2012-05, Bill E, entitled: AN ORDINANCE AMENDINGELKO COUNTY CODE, SECTION, 8-1-1, TO CORRECTTYPOGRAPHICAL ERROR. Commissioner Guttry seconded themotion.

Chairman Williams called for public comment. No comments were submitted.Commissioners Myers, Guttry and Williams voted aye.Commissioners Dahl and Russell were absent. The motionpassed by majority vote.

C. Pursuant to Notice 20-2012 conduct a Public Hearing and secondreading of Ordinance 2012-07, Bill G, entitled, AN ORDINANCEAMENDING BILL NO. G, ORDINANCE NO. 2011- 07, TO CORRECTTYPOGRAPHICAL ERROR AND ALL OTHER MATTERS PROPERLYRELATED THERETO, which section deals with bad checks or drafts.MOTION: Commissioner Myers moved to approve the Second Reading of

Ordinance 2012-07, Bill G, entitled: AN ORDINANCE AMENDINGBILL NO. G, ORDINANCE NO. 2011- 07, TO CORRECTTYPOGRAPHICAL ERROR. Commissioner Guttry seconded themotion.

Chairman Williams called for public comment. No comments weresubmitted.

Commissioners Myers, Guttry and Williams voted aye.Commissioners Dahl and Russell were absent. The motionpassed by majority vote.

XII. COMMISSION AND COMMITTEE REPORTS:Reports from Commission members regarding various committee, liaison

or agency issues.Demar Dahl, District 1 Commissioner:Commissioner Dahl was absent at this time in the meeting.Charlie Myers, District 2 Commissioner:Elko County Economic Diversification Authority (ECEDA) – He stated the

Mining Expo was currently going on.Auditorium Authority Board (ECVA) – He stated at their last Board

Meeting they voted to take marketing funds to pay for a study to see if there wasmerit for additional air service to Elko.


REGULAR SESSION

JUNE 6, 2012

PAGE 15

Wildlife Advisory Board / Wildlife Arbitration Board – He stated fourapplicants have submitted for the vacancies on the County’s Advisory Board. Hehad electronically sent the handbook and the appropriate statutes that governtheir responsibilities on that advisory board.

He had read the Sage Grouse ESA listing and noted the State was theprimary until the bird was listed.

Glen Guttry, District 3 Commissioner:Commission Vice-ChairElko City Liaison – He had reported monthly to the City Council on mutual

interests.National Guard Liaison – He had made contact with the Colonel of the

National Guard out of Carson City who was in charge of the transition from theFire Science Academy.

Humboldt River Basin Water Authority – He stated they were working on adrought plan with the State. He believed there would be an emergencydeclaration in the future. He had drafted a Resolution for the CountyCommission.

R. Jeff Williams, District 4 Commissioner:Commission ChairCarlin, Midas, & Tuscarora Liaison – He stated Carlin was attempting to

obtain property from the BLM and this would be upon tomorrow’s agenda. Hestated the Midas fence project was underway, the two cattle guards were put inby the mine and Randy Brown and John Kingwell would complete the survey.He would meet in Tuscarora soon and they would be holding an open house.

Robert Stokes stated on the July mid-month meeting there would be acommunication meeting in Midas with the mine.

Museum Board – He stated Barrick had sponsored a mining display in thebasement.

California Trails Center Board Liaison – He stated they opened the TrailCenter last weekend.

Northeastern Nevada Stewardship Group – He encouraged attendance attheir meeting.

Juvenile Department Liaison – He stated the WAIT program was keepingthe students entertained on the weekends.

Warren Russell, District 5 Commissioner:Commissioner Russell was absent at this time in the meeting.

3:51:45 PM:

XIII. COMMISSION MEETING CALENDAR:June 12, 2012 – Primary Election Day


REGULAR SESSION

JUNE 6, 2012

PAGE 16

June 20, 2012 – Including Primary Election Canvass – Elko - NanniniAdmin Bldg, Suite 102

July 11 & 12, 2012 -- Elko – Nannini Admin Bldg, Suite 102July 25, 2012 – Midas, Nevada in concert with Newmont Midas Mine

Community MeetingMOTION: Commissioner Guttry moved to approve the Commission

Meeting Calendar. Commissioner Myers seconded the motion.Commissioners Guttry, Myers and Williams voted aye.Commissioners Dahl and Russell were absent. The motionpassed by majority vote.

Kristin McQueary stated she would be absent at the meeting on June 20th

but would have a sub representing her.Robert Stokes stated he would also be absent that meeting date and the

meeting would start earlier in the day due to the amount of agenda items.3:54:28 PM:

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

MOTION: Commissioner Myers moved to approve the Consent Agenda.Commissioner Guttry seconded the motion. CommissionersMyers, Guttry and Williams voted aye. Commissioners Dahl andRussell were absent. The motion was passed by majority vote.

3:55:05 PM:

XV. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:Commissioner Guttry inquired when the video up streaming would begin.

Robert Stokes stated the first training would be in the morning.Commissioner Myers noted on the radio program there was concern about

the clarity of their agendas.3:58:01 PM:

XVI. COMMENTS BY THE GENERAL PUBLIC:Gar Abbas, USFS Ruby Mountain and Jarbidge District Ranger, noted their

45 day appeal process began on the Travel Management Plan on May 31st andat this time they make an opportunity for the appellants to hold an informalmeeting for resolution. He stated they would discuss their decision but could notchange the decision at this time that would require more analysis. He stated ifthere was a chance that they would drop their appeal based upon moreinformation from the Forest Service, they would be happy to talk to them about it.Wendy Fuell, Mountain City District Ranger, was also present.

Commissioner Guttry understood it was 45 days to get the appeal to theForest Service and asked if the 45 days was for the entire process. Gar Abbasstated the appeal had been received and now there was a 45 day process for the


REGULAR SESSION

JUNE 6, 2012

PAGE 17

Regional Office to pull together a team and review the appeal points and havethe scientists make a recommendation to Jeannie Higgs.

Wendy Fuell, Mountain City District Ranger, stated the NEPA Coordinatorhad informed her that the appeal deciding officer had 45 days from the close ofthe Record of Decision.

Commissioner Guttry voiced concern about scheduling a meeting within the45 day appeal period.

Commissioner Williams inquired if the District Rangers could amend orchange the Travel Management Plan. Gar Abbas stated the meeting was only tomake sure that the Commission understood the Record of Decision and theycould make minor changes that would not change the analysis that theypublished.

Kristin McQueary inquired if the County enters into the informal process dothey have to withdraw their appeal. Gar Abbas stated they would not withdrawtheir appeal to attend the informal meeting process. Commissioner Myers voicedopposition to that process. Commissioner Guttry noted they had majordifferences and should go through the next step of the process.

Robert Stokes inquired if the Commission did not go through the informalmeeting process would that hamper the County’s standing anywhere else withinthe NEPA process.

Gar Abbas stated the informal meeting only eliminates more time andmoney into the appeal process if they think there was a chance they could cometo an agreement with them.

Commissioner Williams understood this informal meeting process was toexplain the Record of Decision. He believed the Commission understood theissues.

Commissioner Guttry inquired if the County had to notify them that theychose to bypass that step in the process. Gar Abbas replied no.

Harry Botsford supported the County in not proceeding through the informalmeeting. He encouraged them to only take formal action on the TravelManagement Plan. Harry Botsford thought a travel management plan wasnecessary but he wanted a definition of what it was for. He had asked the ForestService that question before. Harry Botsford stated he was doing a study on theformation of the Forest Service and the BLM from the beginning, what theirrequirements were as they were created to service the people who owned theland in Nevada. Harry Botsford commented those agencies came out here as aservice to us to guide and use money from the federal government to manageresources. He wanted to see how the travel management plan came about.4:08:51 PM:


REGULAR SESSION

JUNE 6, 2012

PAGE 18

XVII. ADJOURNMENT:

MOTION: Commissioner Myers moved to adjourn the meeting.Commissioner Guttry seconded the motion. The motion passedunanimously.

There being no further business to come before the Board, the meetingwas adjourned at 4:08 p.m.

APPROVED,

R. JEFF WILLIAMS, Chair

ATTEST:

MARILYN TIPTON, Deputy Clerk


REGULAR SESSION

JUNE 7, 2012

PAGE 1

Elko County Board of CommissionersCommissioners

Demar DahlGlen Guttry

Charlie MyersWarren Russell

R. Jeff WilliamsElko County Manager

Robert K. Stokes

STATE OF NEVADA )COUNTY OF ELKO ) ss. JUNE 7, 2012

The Board of Elko County Commissioners met in regular session onThursday, June 7, 2012, at 1:30 p.m., in Suite 102 of the Nannini AdministrativeBuilding at 540 Court Street, Elko, Nevada.

There were present: County Commissioners R. Jeff Williams, ChairABSENT Demar Dahl

Glen GuttryCharlie Myers

ABSENT Warren RussellCounty Manager Robert StokesCFO/Asst Manager Cash MinorDeputy District Attorney Kristin McQuearyDeputy County Clerk Marilyn TiptonPlanning/Zoning/NRMAC Randy Brown

Chairman Williams called the meeting to order at 1:33 p.m.Chairman Williams stated Commissioners Dahl and Russell were

representing the County in Tombstone today.Commissioner Myers led the meeting participants in the Pledge of

Allegiance.1:35:06 PM

I. COMMENTS BY THE GENERAL PUBLIC:Linda Bissett, NV Energy Government Relations Executive for the North,

stated they have a booth at the Mining Expo displaying their electrical vehiclesand smart meters. She stated this fall they would start installation of smartmeters for residential customers and possibly commercial customers. She statedthey want to do public outreach and requested information on groups who mayaid with that public information. She suggested the groups contact her or GregBrorby. Commissioner Williams commented he had attended their presentationlast year on the smart meters.


REGULAR SESSION

JUNE 7, 2012

PAGE 2

Gil Hernandez voiced appreciation to the Commission for submitting aletter encouraging another officer to be stationed in the Elko VA Office.

Commissioner Williams commended Gil Hernandez for his efforts inrepresenting the Veterans in the community.1:38:30 PM

II. NEWMONT MINING CORPORATION – LONG CANYON PROJECT:Presentation by Newmont Mining Corporation representatives regarding

the Long Canyon Mining Project located between the Cities of Wells and WestWendover, Nevada.

Dan Anderson, Newmont Mining Corporation, gave an updatedpresentation on the Long Canyon mining project activities. He commented uponthe advanced exploration project authorized under the BLM Record of Decisionsin 2008 and 2011, and Nevada Division of Environmental Reclamation Permits.He stated their first steps were infill drilling, testing soil anomalies, andperforming regional testing.

Dan Anderson commented it was a viable project and they had prepared aPlan of Operation with baseline studies and data collection completed prior tosubmittal to the BLM. They had stakeholder involvement in the development andcoordination of mine design, engineering, geology and planning. Dan Andersonsaid the Plan of Operations was submitted in late March and the BLM deemed itcomplete in Mid-April. He stated there was invitation of an EIS and there waspreparation for the Nevada operational permits. Dan Anderson said wildlifecommittees were established before the Plan of Operations.

Dan Anderson stated the baseline studies included: hydrology, air quality,geochemistry, soils/vegetation, wildlife, archaeology, visual resources, socialimpact assessment, reclamation/closure, and ranch management which wereperformed prior to the EIS. He stated there was stakeholder engagement withthe local communities of Wells and West Wendover, the Native American Tribes,and Mike Miller and collaboration with the BLM and NDOW. He stated theycreated a corridor for the deer migration with a concurrent reclamation process.

Dan Anderson commented the Plan of Operations included a surface minewhich was above the water table; waste rock storage; conventional mill withtailing facility; a heap leach facility; a processing facility and a water supply. Hestated the supporting infrastructure included an office, shop, warehouse, fuelstorage and dispensing, explosive storage, and sanitary facilities.

Dan Anderson stated the County Road CR#790 started at the interstateand terminated at the Big Springs Ranch. Dan Anderson commented they werelooking at two alternatives; one alternative was to relocate the County road (CR#790) as it currently sits in the middle of the planned operations to the South. Hestated the other alternative was to bring the County road from Shafter to have


REGULAR SESSION

JUNE 7, 2012

PAGE 3

public access to the south valley. He stated at the north end of the site they weregoing to have a fence but would not preclude access into 6 mile to get into theback country. Dan Anderson stated the only road closure would be parts of LongCanyon close to their operations. He stated they would work that through withthe County for the safest alternative that provides access to the general public tothe south valley.

Dan Anderson commented their workforce during construction would beapproximately 400 people and it was estimated 300 to 500 employees duringoperations. He stated during closure and the reclamation process they wouldemployee approximately 100 to 150 people. Dan Anderson stated they hadcommitted to West Wendover and that they would leave the area immediatelyabove Big Springs open. He stated they had no intention of affecting the riparianarea other than to enhance it for sage grouse habitat and other wildlife habitat.

Commissioner Williams inquired about the location of sage grouse leks.Dan Anderson stated sage grouse leks were found at the original tailings area sothey moved the tailings area to give a mile buffer from the leks. He stated theyhad held meetings with the wildlife biologists and a wet land feature for sagegrouse would be included within the area. He reported there was deeded landwith which they could create sage grouse habitat and utilize for domesticpurposes as well. Commissioner Guttry inquired about the amount of publiclands. Dan Anderson reported there was 50,000 acres of private land with a350,000 acre grazing allotment. Commissioner Williams inquired if they wouldcontinue with grazing. Dan Anderson stated a small portion of the land wastaken out for mining but their intent was to continue to utilize the private land forranching and to continue grazing upon the public lands.

Jeff White, Newmont Mining Corporation, stated they currently have alease for tenant grazing on the ranch which ends next year and then they wouldtransition it to Newmont’s Elko Land and Livestock, their rangeland operations.He assured the Board the mine would continue to manage the allotment as anexisting livestock/forage production unit through the life of mine and beyond.

Commissioner Guttry inquired about the pinion-juniper encroachment.Jeff White stated historically the fire cycle and sagebrush/grass eco system

ranged from a fire every 25 years to a fire 150 years fire. He stated the fires hadinfluenced the plant community so when young conifers became established theywould only get so tall before a fire would come in and eliminate them. Jeff Whitenoted with the current fire suppression programs some of the areas were beinginvaded by the pinion/juniper and they were not always part of the potentialnatural pine community at that site. He stated the plants became roosts for thepredatory birds so they hoped to manipulate the plant community and remove the


REGULAR SESSION

JUNE 7, 2012

PAGE 4

pinion/juniper. Jeff White noted overtime a pinion/juniper community and theirroot system would overpower the natural grasses and sage.

Commissioner Guttry agreed the junipers take a lot of the water and noplants grow underneath them.

Commissioner Williams understood NDOW, BLM, and the Great BasinMine Watch were coordinating with the Newmont Mining Corporation. Hecommended Newmont for having Great Basin Mine Watch as part of thestructure in planning rather than having them protesting the decisions.Commissioner Williams clarified that Newmont was drilling wells to backup thewater supply for West Wendover. Commissioner Williams noted that throughtheir collaborative process Long Canyon would be a good example todemonstrate that through proper management mining and ranching couldcontinue on and still prevent sage grouse listing.

Dan Anderson commented they had a good group to work with at the localBLM office.

Commissioner Guttry encouraged them to continue cattle ranching andnoted Newmont had good models in the ranching area with their TS Ranch andthe Big Springs Ranch.

Dan Anderson stated the next step after the Plan of Operations was for theBLM to announce its intent to prepare an EIS through the Federal Register,through the local media notices, and letters to interested parties. He explainedthere would be a public scoping to give the public an opportunity to provide inputto the BLM which assists them in identifying issues and gives the publicopportunities to ask questions about the project.

Dan Anderson explained the draft EIS would contain the description of theaffected environment; give a reasonable range of alternatives including proposedaction; analysis impacts from each alternative, and give the public an opportunityto comment.

Dan Anderson commented the Final EIS would state the BLM’s proposedaction and it would be published in the Federal Register. He stated the BLMwould then make a Record of Decision wherein they mitigate, give conditions ofapproval, and give authorization to proceed. Dan Anderson noted the Nevadapermits were also sought during the EIS process and prior to the Record ofDecision.

Dan Anderson reviewed the following timelines of the permitting schedule,ongoing baseline data collection/finalization, plan of operations submittal inMarch, notice of intent in the Federal Register of EIS, EIS public scoping in Juneand July, State permit application submittal in June of 2012, EIS Record ofDecision possibly in 2014, possible construction in 2015 and production in 2017.


REGULAR SESSION

JUNE 7, 2012

PAGE 5

Commissioner Myers inquired about closure of the existing County Roadand asked if he had held a discussion with Otis Tipton, Commissioners Williamsand Russell. Dan Anderson replied he had not spoken to Commissioner Russellabout it. Commissioner Myers inquired about the route above remaining openand an open route above Wells.

Dan Anderson stated they would leave that open to minimize the effectsdirectly upon the springs. He stated they were looking at developing alternativesources of water for Wendover because they considered putting the Big Springson vacation during mining operations so an alternate source of water would beprovided for West Wendover and Wendover.

Commissioner Myers inquired if there was concern of dewatering.Dan Anderson commented the pit would be above the water table and

through a hydrologic study they found the Goshute Valley water table was veryflat. He stated the mining claim does not penetrate that water table. He statedthey would maintain the area above the spring.

Commissioner Williams noted West Wendover was concerned about theirwater supply and Newmont was looking at other water supply sources.

Commissioner Williams stated part of the Hastings Cutoff was locatedwithin the area so there would be archeological sites. Dan Anderson stated theyhad been addressed through their studies.

Gil Hernandez thanked Newmont Mining Corporation for being sportsmanfriendly. He voiced concern about the road relocation and commented it was ahistorical route. He noted one of his slides showed exposed water from theground and questioned the impact through evaporation. Gil Hernandez asked ifthe road coming from the pit to the drop sites would have an impact on thewildlife that would be crossing in the wintertime to their winter range.

Dan Anderson stated with regards to the two water sources there would beevaporation but at this time they do not require a water right. He noted theNevada Division of Water Resources was considering pits lakes, etc., to fallunder water rights which might be a detail to resolve. He stated Newmont hadacquired water rights when they purchased the ranch and there was hydrologytesting on the aquifer.

Dan Anderson stated they had consulted with the BLM and NDOWbiologists on the roads coming from pit to the drop sites and they wanted aperpendicular road rather than a parallel road. He stated they would put incutouts in berms to put deer across the haul roads similar to their practices at theCarlin Trend.

Commissioner Williams noted water would be exposed for access by thesage grouse. Dan Anderson stated the ponds could be alternate sources ofwater for the sage grouse, game and non game species in the desert.


REGULAR SESSION

JUNE 7, 2012

PAGE 6

Commissioner Guttry requested an update in six months if they had anyprogress.2:31:51 PM

III. CONGRESSMAN MARK AMODEI’S OFFICE:City of Carlin Land Transfer Legislation:Discussion and consideration of support of legislation to transfer federal

BLM managed lands within the city limits to the City of Carlin by quick claimdeed.

Meghan Brown, Congressman Amodei’s Office, stated on May 31st shewent to Carlin City Council and received a letter of approval and now there was achange of language because the conveyance of this much acreage could nothappen. She explained that amount of acreage would have to be sold at fairmarket value. Meghan Brown had spoken to Glenn Trust and they would relookat the language and look at specific parcels. She stated the original bill was forconveyance of all BLM lands within the Carlin City’s boundaries. Meghan Brownwould come back when they have a final bill draft because the Congressmanwould not pursue legislation that did not have community and county support.

Commissioner Williams noted there were over 1,200 acres in the originalbill request.

Meghan Brown stated she would submit more information within next week.She hoped they could move these land transfers through the Small LandsConveyance Act. She requested they table this agenda item at this time.2:38:20 PM

IV. ELKO COUNTY TREASURER’ OFFICE:Discussion and consideration of approval of amendments to the County

Treasurer tax roll to strike off tax amounts that were deemed uncollectible.Robert Stokes stated he had not seen the list and requested that it be

tabled.MOTION: Commissioner Myers moved to table amendments to the County

Treasurer tax roll to strike off tax amounts that were deemeduncollectible. Commissioner Guttry seconded the motion. Themotion passed unanimously.

2:38:43 PM

V. ELKO COUNTY ADVISORY BOARD TO MANAGE WILDLIFE:Discussion and consideration of the appointment of up to three members to

the Elko County Advisory Board to Manage Wildlife.Commissioner Myers noted four applicants were received for the three

positions as follows: Mitchell Buzzetti, Ben French, Everett Wisener, and FurnWinder.

Furn Winder stated he had experience in Wyoming with a sportsman groupwhich had been involved with youth and the wolf delisting issues.


REGULAR SESSION

JUNE 7, 2012

PAGE 7

Commissioner Myers stated all applicants read Chapter 597 and knewwhat the duties of the CAB were. He had talked to the CAB acting chair and hisrecommendations were Ben French, Mitch Buzzetti and Furn Winder. He hadnoted that Everett was also a miner which would load the CAB with miningrepresentatives.MOTION: Commissioner Myers moved to appoint Ben French, Mitch

Buzzetti and Furn Winder. Commissioner Guttry seconded themotion.

Commissioner Williams disclosed that Furn Winder was friends with hisson, Rich.

Gil Hernandez commented he had been chairman for ten years of thisBoard but was not reappointed by the Commission. He had read some of theletters in the newspaper and stated Ken Wellington and Candido Mendive hadserved this Board and cared about the resource. Gil Hernandez stated theyneed to be able to work with NDOW on issues as well as with the sportsman. Heunderstood the applicants were to have been to two meetings and input fromsome sportsmen organizations was considered. Gil Hernandez requested thatthey be fair on who should be appointed because they want people on the Boardwho care about the wildlife. He understood the County Commission could offerassistance to the CAB but the CAB answers to the Wildlife Commission. GilHernandez understood there were 17 CABs and they all voted on the deerproposal. He stated they have to vote for what was right for the wildlife.

Commissioner Myers stated Gil Hernandez had a lot of experience. Hecommented nobody was asked to step off the board; those members made thatdecision. Commissioner Myers stated the issue was the majority of the publicsupported a reduction in takes and the CAB chose not to pay attention to that.He noted according to NRS 501.297 was to relay to the State Board of WildlifeCommissioners what their public feels. He agreed with Gil Hernandez it wasimportant to have people on the CAB that represents the resource and the public.Commissioner Myers noted Gil Hernandez knew some of the applicants.

Commissioner Williams noted friendships were severed and they need tobe careful how they address the issues. He stated there were responsibilitiesunder NRS that should be addressed but they don’t want to prohibit anyone theright to be heard.

The motion passed unanimously.2:51:44 PM

VI. NEVADA CONSOLIDATED SALES TAX:Discussion and consideration of issues related to the Legislative Study

Subcommittee to review the allocation of funds distributed from the LocalGovernment Tax Distribution Account. Assembly Bill 71 from the 2011


REGULAR SESSION

JUNE 7, 2012

PAGE 8

Legislative Session created an interim subcommittee to study the distributionformula to local governments of sales tax funds.

Cash Minor stated he and Robert Stokes held a conference call with NACOthis morning with ten other counties attending. He stated except for Clark Countythe counties agreed that the base should be what the actual collections were inthe prior year in both tiers and the excess would be the new base in the followingyear and that should be adjusted by a 5 year rolling average of the CPI to keepthe stability. Cash Minor stated everyone was in agreement that the excessfactor should be equal weight for population and assessed value rather thancreating unequal weights. Cash Minor stated the base year would be effectiveJuly 1, 2013 and the base would be the collections from the 2012 year.

Commissioner Williams inquired about Clark County’s issues. Cash Minorreplied the members that share within the C-T felt there were inequities withinClark County. He stated everyone was in agreement that there was to be noadjustments allowed to the base amounts. He stated currently they have NorthLas Vegas, Reno, and Fernley wanting some adjustments to their bases. Hestated there may be a technical correction as they go on.

Cash Minor stated the enterprise districts would not be changed. Hereported Elko County had two enterprise districts: the Elko TV District and theElko Visitors and Convention Authority. Cash Minor stated everyone agreed toleave the rural counties at the one plus formula and the urban counties wouldhave to address their formulas.

Cash Minor stated there was discussion on the special districts and thisdiscussion focused upon library districts within Nye and Clark Counties.

Cash Minor stated extending timelines of memorandums of understandingmade sense. He explained the prior date was 12/31 and they don’t know theirprojections until the middle of February.

Cash Minor stated a webinar would start at 3:00 p.m. discussing some ofthe urban county issues, the hold harmless clauses, the plus factor for the urbancounties, and some tax policy objectives.

Cash Minor stated the next meeting of the Legislative Committee was June18th and the cities and counties may have to help pay for the Department ofTaxation costs on the changes that would be made.

Commissioner Guttry inquired who was an importer of sales tax.Cash Minor stated Elko County received approximately 92% of its sales tax

back and the balance goes to support the 9 guaranteed counties and thecollection fees of the State. Commissioner Guttry inquired if the issue was ClarkCounty wanted more of their share returned. Cash Minor stated their issue wasinter-county allocation. He commented Henderson and North Las Vegas soughtadjustments through the Legislature. Cash Minor noted the economic downturn


REGULAR SESSION

JUNE 7, 2012

PAGE 9

had brought adverse affects the way the formula was constructed. He statedClark County had internal issues and want to be put in a safe harbor.

Commissioner Williams stated North Las Vegas had sent e-mails on aspecial emergency. He inquired what the impact would be to the tax structure.Cash Minor stated if the State had to go in they have certain emergency powersto raise taxes and change the union contracts to bring it back into control.3:00:49 PM

VII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:No comments were submitted.

3:01:50 PM

VIII. COMMENTS BY THE GENERAL PUBLIC:Harry Botsford commented with regards to the Carlin issue he understood

the people owned the land and the BLM was only to manage it. He questionedwhy Carlin would have to purchase the land which belonged to the public.3:02:49 PM

IX. ADJOURNMENT

MOTION: Commissioner Guttry moved to adjourn the meeting.Commissioner Myers seconded the motion. The motion passedunanimously.

There being no further business to come before the Board, the meetingwas adjourned at 3:02 p.m.

APPROVED,

R. JEFF WILLIAMS, Chair

ATTEST:

MARILYN TIPTON, Deputy Clerk

elko county board of commissioners · the ice cream social had 250 parents and ... in the 4-11...

Documents