Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. July 8, 2015 The Board of Elko County Commissioners met in regular session on Wednesday, July 8, 2015, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Demar Dahl Glen Guttry ABSENT Delmo Andreozzi Cliff Eklund Rex Steninger County Manager Robert Stokes ABSENT CFO/Asst. County Mgr. Cash Minor NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Sheriff James Pitts Treasurer Rebecca Erickson Adm. Deputy Treasurer Cheryl Paul Fire District Div. Chief Linda Bingaman Chairman Dahl called the meeting to order at 1:30 p.m. Chairman Dahl noted for the record that Commissioner Guttry and County Manager, Robert Stokes, were absent today. Marilyn Tipton, Deputy Clerk, led the meeting participants in the Pledge of Allegiance. 1:30:59 PM: I. COMMENTS BY THE GENERAL PUBLIC: Cliff Gardner inquired if they could put an agenda item upon the next meeting agenda to explore if the County could hold an evidentiary hearing. He PAGE 1

2 would also like to discuss the application of Article IV jurisdiction. Cliff Gardner had submitted legal documents twice to the former Commission describing Article IV. He previously submitted a three page document (attached to the minutes) to the Commissioners for their review. Cliff Gardner reported there had been two fires in Ruby Valley this July. He commented yesterday, on the second fire, everyone in Ruby Valley helped put the fire out and there was good response from the firefighters. He commended Lachlan McQueary for using his crawler to put out the fire in the steep terrain area. Cliff Gardner stated since the Cliven Bundy incident there have been many media reports and mostly they were critical of Cliven Bundy working outside the law. He stated there had been research performed several years ago and they found people were denied their Constitutional rights when placed under that jurisdiction. He stated they have been denied due process because when they were subject to the administrative process there was a question whether the federal agency were trying to accomplish the goal to protect the sage grouse, riparian area or were they trying to dictate to the citizens. Cliff Gardner stated the concept of wanting to hold evidentiary hearings came about because they don t have the opportunity in a standing court of law for the purpose of determining their correct action. He assumed the Commission based all of their decisions upon truth and justice rather than upon political whim. Cliff Gardner stated most of the government decisions at every level were being based upon political whim. He noted immigrants understand those concepts because they were exposed to tyranny. He believed this society has become lax, apathetic, and lazy and were not protecting their rights. Cliff Gardner suggested the commission pay more attention to citizen s rights and allow the people to come into a forum where they can challenge the federal government requesting that they bring forth their data and prove that their actions would benefit the sage grouse. He stated their research shows what the BLM, Forest Service, and the US Fish and Wildlife actions would not protect the sage grouse. Cliff Gardner commented with the crisis of declining sage grouse more funding would go into their agencies and there would be further decline of the sage grouse so they would implement more regulations. Commissioner Dahl inquired what was his idea was of an evidentiary hearing. He noted they held hearings upon travel management. Cliff Gardner suggested they hold a different type of meeting than they held for the travel management and believed the whole Commission should be more involved. He stated they could address one subject at a time and have that issue attached to a meeting agenda. Cliff Gardner stated they knew the opposition would not attend but they were obligated to supply support material through FOIA requests. Cliff Gardner stated by congressional act they were obligated to supply PAGE 2

3 information supportive of what they were claiming. He felt the Commission represents the local community and they were also responsible for the public s health and safety. He stated the public s health and safety has never been discussed with regards to the conflict between the local self-governments within the States as opposed to the federal presence. He stated the federal presence has never indicated that they take the responsibility of the local community away from the Commission protecting the public s health and safety. He noted that covers economic wellbeing such as fires which ties back into game management and resource management. Cliff Gardner stated twelve years ago he produced two documents and the three pages he ed to them was a summary of that research. He stated within that he addressed destruction of resources and subjecting people to a loss of their productions. He noted they were continually on the defensive against the federal agencies. He believed the federal agencies were responsible for the decline in sage grouse, mule deer and song birds. Cliff Gardner suggested they take their issues to the federal agencies. He noted there has been a steady stream of misinformation put out by the agencies. Cliff Gardner stated the issues brought forth by the agencies build the size of government to address the issue. He believed after the adjudication of the allotments they no longer needed the BLM or the Forest Service. He stated the attack has been upon private enterprise such as mining and ranching and they were allowing the federal agencies to undermine confidence in a free enterprise system. He stated the free enterprise system was what made America great and that was what made the wealth. He noted because they had the wealth they had good public health, safety and welfare. Cliff Gardner stated the studies show that the sage grouse production was greater upon the private land than it was on the public lands. Commissioner Dahl stated they would put it upon a future agenda for further discussion. 1:47:53 PM: II. ELKO AREA CHAMBER OF COMMERCE: Discussion and consideration of a funding request of $5,000 for replacement of the two Welcome Signs situated on east and west locations in Elko. Potential partners in this project include the Chamber, the City of Elko, ECVA, NNRDA, and others. Commissioner Andreozzi stated many years ago two welcome signs were put up by the Chamber of Commerce. He noted the Chamber held a contest and a new design was completed. He noted the Chamber was seeking partners to fund the two new gateway signs to the community. Commissioner Andreozzi reported there were donations from the following: Chamber of Commerce $10,000; $5,000 from Frontier and the City was being asked for $5,000. He PAGE 3

4 noted the City had some concerns about the signs and tabled the funding request. He understood ECVA, Downtown Business Association, NNRDA and Kiwanians had contributed to the signs. He did not know if this was an appropriate expenditure of County funds. Commissioner Andreozzi suggested if the Commission decides to fund the signs then their motion should be contingent upon everyone accepting the design. Commissioner Andreozzi stated the City Council would discuss it at their 14 th of July meeting. He believed the City s concern was with the contrast. Commissioner Dahl noted that the word County was big within the County logo. He believed the proposed signage was very busy. He noted not very many would know there was a bucking bull in the right corner if they were driving by. Commissioner Eklund felt it was an Elko City sign and believed they should wait to make a commitment until the City had accepted it. Kristin McQueary stated if they decided to fund it they would have to find a funding source because the budget was set. She noted this would fall under NRS requiring a Resolution for donation of County funds. MOTION: Commissioner Eklund moved to table this agenda item until the City of Elko makes a decision. Commissioner Andreozzi seconded the motion. Harry Botsford stated the sign should stress the County as well as it does the City. He believed the sign should be bigger and cleaned up. Commissioner Dahl noted the proposed sign said gateway to the Ruby Mountains. Harry Botsford stated there was more here than the Ruby Mountains. He did not believe it encompassed enough. He believed the signage was just for the City of Elko. Commissioner Dahl noted the sign outside of Battle Mountain said Base camp to the outback. The motion passed unanimously. 1:56:36 PM: III. COUNTY COMMISSION APPOINTMENTS: A. Elko County Board of Equalization Discussion and consideration of the reappointment of Kellie Nicola and Al Plank to the Elko County Board of Equalization with terms ending June 30, Cash Minor stated these members had been appointed in the past. MOTION: Commissioner Eklund moved to reappoint Kellie Nicola and Al Plank to the Elko County Board of Equalization with terms ending June 30, Commissioner Steninger seconded the motion. The motion passed unanimously. PAGE 4

5 B. West Wendover Recreation District Board of Trustees In accordance with NRS (5), consider the appointment of one member to the Board of Trustees to fill the remaining term due to the resignation of Kerry Robinson. The Recreation District received letters of interest from four members of the community but did not appoint before the required 30 day timeframe. NRS (5) then requires the County Commission to make the appointment. The Commission may select the member by motion of the Commission or may utilize a game of chance such as cutting a deck of cards for the appointment. Letters of interest were received from the following: Peter Hansen, Donald H. Andersen, Juan Johnny Gorum, and Greg Scrowther. Commissioner Dahl had spoken with Emily Carter, the West Wendover Mayor, last night who suggested it go back to the Recreation Board but NRS stated after thirty days the Commission was to appoint the member. He called Emily Carter this morning and she believed it should be determined by a game of chance since the Recreation Board Members were divided and all candidates were qualified. Kristin McQueary stated all four candidates were registered voters. Commissioner Steninger stated during the Recreation Board meeting there were motions to appoint three candidates and two candidates had two votes but one candidate never received a vote. Kristin McQueary explained the agenda request said one position was open and there were four people interested in the appointment. She noted the Recreation Board could not reach a determination and it was beyond the thirty days so the Commission could review each individual and make a motion or do it by the draw of card. Commissioner Steninger inquired about the cutting of cards and Peter Hansen won but someone objected. Kristin McQueary stated in the past, on tie election votes, case law has provided that everything being equal you can do a game of chance. She stated this was agendized to vote upon one to fill the position or they may utilize a game of chance. She stated all the candidates met the statutory requirements to be appointed. She noted letters of interest was provided. Commissioner Steninger noted the Recreation Board already had a game of chance and Peter Hansen won that game of chance but because he was not there he was not appointed. Kristin McQueary explained the Recreation Board had agendized it so that the candidates had to be present to be appointed and she understood Peter Hansen was not present at the meeting and that may have caused the split votes. Commissioner Eklund inquired if they had to include all four candidates in the game of chance. PAGE 5

6 Kristin McQueary replied yes. Gary Corona, Chairman of the West Wendover Recreation Board of Directors. He reported there were four letters submitted he understood the Commission would consider all 4 because what they did would be thrown out. He explained one gentleman (Pete Hansen) had planned a hunting trip in advance and he contacted the Secretary to see if it was possible that he could not be in attendance. Gary Corona noted the Secretary stated there was precedence set that they had people appointed before who were not present at the meeting. He stated because of that information they allowed Pete Hansen s letter to go forward. He noted at the meeting Mr. Hansen was nominated, Johnny Gorum was nominated and Greg Scrowther was nominated. Gary Corona noted there was no second on Donnie Andersen s nomination. He stated there was a threeway tie so they went to the game of chance. He noted the Mayor s husband drew the card and it was for Pete Hansen. Commissioner Dahl inquired if Johnny Gorum still sat upon the City Council. Gary Corona replied no. He stated after the meeting that Pete Hansen was declared the winner he received a call from one of the other Board Members asking about how the agenda item was agendized. He stated the agenda said they had to be present to win but the Recreation Board went off of the past practice where they did not have to be present and it had been agendized the same. Gary Corona contacted the Secretary and requested that she contact their attorney and request his opinion. He noted their attorney stated they should agenda it for the next meeting to ratify the appointment. He stated at their June meeting they had a split vote again. He noted that was why it was brought to the Commission. Commissioner Steninger inquired if he had a recommendation. Gary Corona replied because he as chairman of the Board it would not be appropriate for him to submit a recommendation. Kristin McQueary asked that they set up the procedure whether the Board would appoint upon high card or low card. Gary Corona stated Pete Hansen was in attendance today but noted the other candidates were not. He understood someone from the County would notify the candidates of the meeting. Kristin McQueary stated that did raise the question if all the applicants were notified and that may cause an agenda problem. She stated if the applicants were not properly notified they may have to put this off until the next meeting agenda. Commissioner Dahl inquired if they have to make the appointment within a certain time limit. Kristin McQueary replied NRS did not give a timeframe. PAGE 6

7 Cash minor requested a recess to ask if the candidates were notified of the agenda item. Kristin McQueary read NRS (5) into the record. Cash Minor stated none of the potential appointees were notified by the County. Kristin McQueary stated according to Open Meeting Law they should reagenda the issue because they were not notified. Commissioner Dahl noted according to NRS (5) they were to appoint a board member and felt verbiage should have been included that the candidates must be notified prior to the meeting. He inquired if they should reagenda the agenda item because they were not notified. Kristin McQueary noted according to the NRS they should have personal service five working days before the meeting or twenty-one working days by certified mail. She read NRS (1) into record. She stated by making an appointment they were talking about their character and professional competence to fill the position. Commissioner Dahl noted they were doing a game of chance and not basing their decision upon their character or competence. Commissioner Eklund noted Kristin McQueary stated these candidates were registered voters. Kristin McQueary stated there was a difference between being competent or a registered voter. Gary Corona stated in the Recreation Board s eye they were all competent. Commissioner Dahl stated if they were drawing a card there was no bearing upon character, competency, race, or sex. Commissioner Steninger inquired of Chairman Corona if he would rather they draw a card or reschedule the agenda item. Gary Corona stated he wished the Recreation Board could have taken care of this but they have to move forward. He stated they were at four people on the board now. Peter Hansen said he had a vested interest in the appointment. He stated he had contacted Jamey Richardson (Recreation Board Director) regarding the Recreation Board meeting and she informed him there should not be any issues with him not being present at meeting. He noted no promises were made. He stated all of the members of the Board of Directors were provided a copy of the notice before the notice was made public advertising the position. Peter Hansen understood Jamey Richardson provided all members of the committee with copies of the letters several days in advance of the meeting. He noted all the members of the Board had the notice and they had the letter in writing he would not be available for the meeting. Peter Hansen stated there were motions made PAGE 7

8 and votes cast at the meeting and it ended up in a tie. He noted cards were drawn. He had listened to the audio of the Recreation Board meeting and there were no objections made by any members of the Board as to him not being present and there were no objections made by either of the other two candidates during the meeting. He stated there was an open meeting portion where any members of the public could voice any concerns and the other two candidates did not make their concerns known. He stated because it did not go the way they wanted it, it was now an issue. MOTION: Commissioner Steninger moved that we cut cards to decide the winner with all four candidates. Commissioner Eklund seconded the motion. Cash Minor asked that they designate whether high card or low card decides the position. Commissioner Steninger amended his motion that high card wins. Commissioner Eklund seconded the amendment. Kristin McQueary asked they designate neutral people to draw the cards. Commissioner Steninger amended his motion that Cash Minor cut the cards and deals the top four cards according to the four candidates listed as Peter Hansen being the first card; Donald Andersen the second card; Juan Gorum the third card; and Greg Scrowther the 4 card. Commissioner Eklund seconded amendment. The motion passed unanimously. Cash Minor stood before the Board members, opened the seal on a new deck of cards, shuffled the cards, cut the cards and laid down the first four cards as follows: Peter Hansen the two of diamonds; Donald Andersen the ace of diamonds; Juan Gorum the king of hearts; and Greg Scrowther was the queen of hearts. Commissioner Dahl noted for the record that Donald Andersen won the draw. Gary Corona thanked the Board for taking care of this matter for the Recreation Board. 2:21:34 PM: IV. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Vice-Chairman Andreozzi called the Highway Board to order at 2:21 p.m. A. Comments by the General Public: Harry Botsford inquired if the County was responsible for access to all parcels by a County road. Commissioner Dahl replied in the negative. PAGE 8

9 Harry Botsford questioned if you could be on County road; have a guarantee on their titles for access upon a County road or did the County have the right to give away the access. Kristin McQueary explained the County had descriptive rights of way where the County was given the legal description of the road. She stated they have roads created by prescription which was through use over time. She stated there was a mixture of descriptive/prescriptive roads within the County. Kristin McQueary stated the County also accepts roads for public access but may not accept them for public maintenance because of the costs. She stated it was difficult if they did not know the specific road to answer his question. Harry Botsford stated when he bought his property he believed he was upon County roads but now understood those roads may be Spring Creek Association roads. He inquired if he had a County road for access. Randy Brown stated if it was a dedicated right of way easement in Spring Creek it was still a public right of way. He stated the County did not give the public s rights of way to the Spring Creek Association. He clarified the Spring Creek Association does not own the rights of way within the SCA subdivision. He noted the SCA does maintain them because Elko County owns them in the name of the public. B. In accordance with Public Notice , NOTICE TO CONTRACTORS -INVITATION TO BID, 2015 Spot Improvements and Road Maintenance Project, PWP-EL , consideration of awarding the bid to the lowest responsive bidder for road improvements that consist of Chip Seal projects on Kittridge Canyon and Coal Mine Canyon Roads and the removal and replacement of roadway on the Jiggs Highway. Commissioner Steninger abstained from participation upon this agenda item due to employment history with one of the bidders. Chris Woster of Farr West Engineering reported two bids were received as follows: Remington Construction Company LLC $480,000; Sierra Nevada Construction Inc. $614,007. The engineer s estimate was $494, He noted on June 18 th they sent a letter which tabulated the bids, gave the acknowledgement that the bidders were responsive, and gave the recommendation to award the bid to the lowest responsive, responsible bidder, Remington Construction. MOTION: Commissioner Eklund moved to award the bid to Remington Construction Company LLC in the amount of $480,000 for the Spot Improvements and Road Maintenance Project, PWP- EL Commissioner Dahl seconded the motion. Commissioners Eklund, Dahl and Andreozzi voted aye. PAGE 9

10 Commissioner Steninger abstained. The motion passed by majority vote. C. Road Maintenance Agreements: 1. Discussion and consideration of the approval of a Road Maintenance Agreement between Elko County and Klondex Midas Operations on County Road 724 Midas Road. Randy Brown reported this had a legal review by the District Attorney s Office and staff recommended approval. MOTION: Commissioner Dahl moved to approve the Road Maintenance Agreement between Elko County and Klondex Midas Operations on County Road 724 Midas Road. Commissioner Eklund seconded the motion. The motion passed unanimously. 2. Discussion and consideration of the approval of the renewal of the Road Maintenance Agreement between Elko County and Noble Energy, Inc. on County Road 753 Deeth-O Neil Road. Randy Brown stated this was a renewal and Noble was very good to honor their previous agreement. He stated staff recommended approval. MOTION: Commissioner Dahl moved to approve the renewal of the Road Maintenance Agreement between Elko County and Noble Energy, Inc. on County Road 753 Deeth-O Neil Road. Commissioner Steninger seconded the motion. The motion passed unanimously. D. General discussion of routine road maintenance issues for information and/or administrative direction purposes. No comments submitted. Adjournment: Highway Vice-Chairman Andreozzi adjourned the Highway Board at 2:30 p.m. Chairman Dahl assumed control of the meeting. 2:30:48 PM: V. ELKO COUNTY TREASURER S OFFICE: A. FY Tax Rate Approval Consideration of approval of Resolution , entitled, A RESOLUTION TO LEVY TAX RATES FOR THE COUNTY OF ELKO, STATE OF NEVADA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, PURSUANT TO NRS Rebecca Erickson stated she and Cheryl Paul, Administrative County Treasurer, were present to answer any questions. PAGE 10

11 MOTION: Commissioner Andreozzi moved to adopt FY Tax Rate considered in adoption of Resolution No , entitled: a RESOLUTION TO LEVY TAX RATES FOR THE COUNTY OF ELKO, STATE OF NEVADA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, and PURSUANT TO NRS Commissioner Eklund seconded the motion. The motion passed unanimously B. Discussion and consideration of approval of amendments to the County Treasurer tax roll to strike off tax amounts that are deemed uncollectible. Rebecca Erickson stated these amounts were due to errors in the correction of the roll, clerical errors in the office, property values changed either by the Board of Equalization or by the use of the property changing. She noted the tax amount was deemed uncollectable and this was an annual routine. She noted they need the Board s approve to remove these amounts from the tax roll. MOTION Commissioner Andreozzi moved to approve the amendments to the County Treasurer tax roll to strike off tax amounts that were deemed uncollectible. Commissioner Steninger seconded the motion. Rebecca Erickson clarified this was for the tax year. The motion passed unanimously. 2:34:17 PM: VI. TOWN OF JACKPOT: Hayden Field - Jackpot Airport A. Discussion and consideration of Atkins North American, Inc. continuing as the Engineer of Record for the Jackpot Airport with the approval of an Agreement for Airport Planning, Engineering and Consulting Services between Elko County and Atkins North America, Inc. Randy Brown stated staff recommended approval that Atkins North American continues as Engineer of Record because they have been doing it for years and they were familiar with the airport. MOTION: Commissioner Andreozzi moved to approve Atkins North American, Inc. to continue as the Engineer of Record for the Jackpot Airport with the approval of an Agreement for Airport Planning, Engineering and Consulting Services between Elko County and Atkins North America, Inc. Commissioner Eklund seconded the motion. Commissioner Andreozzi noted Lynn Forsberg was listed as the point of contact person historically in a number of the contracts and he knew Lynn would be retiring soon. PAGE 11

12 Cash Minor stated the next agenda item would address the point of contact person which would probably be Randy Brown. The motion passed unanimously. B. Discussion and consideration of the approval of the Hayden Field Jackpot Airport Disadvantaged Business Enterprise Program (DBE) as required by the Federal Department of Transportation in order to be eligible for federal airport funding. Cash Minor stated they recommended approval of the program with the change of point of contact person from Lynn Forsberg to Randy Brown. MOTION: Commissioner Andreozzi moved to approve the Hayden Field Jackpot Airport Disadvantaged Business Enterprise Program (DBE) as required by the Federal Department of Transportation in order to be eligible for federal airport funding and change Elko County s point of contact from Lynn Forsberg to Randy Brown. Commissioner Steninger seconded the motion. The motion passed unanimously. 2:37:11 PM: VII. ELKO COUNTY DIVISION OF PLANNING AND ZONING: Parcel Map Roadway Dedication Request Discussion and consideration of a request for a Parcel Map Roadway Dedication for Holy Hock Court, Hamilton Creek Trail, and Glenwild Drive in the Hamilton Stage Area (Section 33, T34N, R55E) as requested by BDSA, LLC. (Formally Jordanelle Third Mortgage) Randy Brown stated the maps met all state and local ordinances. He noted staff recommended acceptance of the road rights of way access for public use but not for County public maintenance. MOTION: Commissioner Andreozzi moved to approve a Parcel Map Roadway Dedication for Holy Hock Court, Hamilton Creek Trail, and Glenwild Drive in the Hamilton Stage Area (Section 33, T34N, R55E) as requested by BDSA, LLC. (Formally Jordanelle Third Mortgage) with the notation that these are for public use but not for public (County) maintenance. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:38:59 PM: IX. PUBLIC LAND MANAGEMENT: Discussion and consideration of Elko County Commission support for Congressman Mark Amodei s proposed amendment to H.R that would: 1) Defund the U.S. Department of Interior from withdrawing approximately 16.5 million acres of public lands from multiple use for the purpose of managing for the greater sage grouse, and PAGE 12

13 2) Defund the Department of Interior and the Department of Agriculture from modifying any federal land management plan for sage-grouse in the States of Washington, Idaho, Montana, Wyoming, Colorado, Nevada, California, Oregon, Utah, North Dakota and South Dakota. Commissioner Andreozzi stated this was a creative way to address the issues in the western United States. He believed Congressman Amodei was a strong advocate for them in Congress. MOTION: Commissioner Andreozzi moved to send a letter of support for Congressman Mark Amodei s proposed amendments to H.R Commissioners Steninger and Eklund seconded the motion. Ralph Sacrison asked that they include in their letter the following points: The 16.5 million acres was 10% of the sage grouse range so there was an administrative decision to make the withdrawal of that size. He stated as a comparison 16.5 million acres was 23% of the Nevada land area so it was a large amount of land. He noted in the time of BLM issuing their Instruction Memorandum the policies and procedures have been reacted and they have been implemented by agencies through regulatory consensus. Ralph Sacrison noted these policies treat the land the same as if the bird was listed. He stated if the bird was not listed these policies would continue to be enacted because they already have been enacted for three years. He commented the policy was not something they can turn on a dime and it was becoming essentially more oppressive as time goes on. Ralph Sacrison stated by agency numbers the Instruction Memorandum Policies were killing 1.5 million in sage grouse annually. He noted in the time since enactment it was apparent that the policies were disruptive to producers. He commented a number of sage grouse enhancement pilot projects have been undertaken across the eleven States in an attempt to forestall these policies. Ralph Sacrison stated given the persistent ineffectiveness of IM those policies should be restricted to specific pilot scale areas not to exceed 8.25 million acres in total and they should be equally distributed across the eleven States. He noted now the 16.5 million acres was affecting Nevada overwhelming compared to the other States. He stated the existing pilot projects should be released for producer enactment across the rest of the range because I believe at one of the NRMAC meetings the statement was made that there were 48 pilot projects which were doing well for the bird, the cattle, agriculture as well as energy development so the pilot projects should be the norm for treating and taking care of the 16.5 million acres. He believed the government policies were what needed scrutiny. Commissioner Dahl suggested that Ralph Sacrison give his input to Randy Brown for drafting of the letter. PAGE 13

14 The motion passed unanimously. 2:45:45 PM: X. COMMISSION MEETING CALENDAR: 1. July 22, 2015 Commission Meeting -- Nannini Admin Bldg., Suite 102 1:30 p.m. 2. August 5 & 6, 2015 Commission Meeting -- Nannini Admin Bldg., Suite 102 1:30 p.m. 3. August 19, 2015 Commission Meeting -- Nannini Admin Bldg., Suite 102 1:30 p.m. MOTION: Commissioner Steninger moved to approve the Commission Meeting Calendar. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:46: 28 PM: XI. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager s Office. B. Approval of minutes: May 20, 2015 and June 3, MOTION: Commissioner Eklund moved to approve the Consent Agenda. Commissioner Steninger seconded the motion. The motion passed unanimously. 2:46:49 PM: XII. COMMISSION AND COMMITTEE REPORTS: Informational reports from Commission members regarding various committee, liaison or agency issues as may be appropriate. A. Demar Dahl, District 1 Commissioner: Commission Chair / Liquor Board Chair, Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Nevada Association of Counties (NACO) Board, NACo WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, American Lands Council / Western Counties Alliance, Nevada Land Management Task Force. Commissioner Dahl stated with regards to the Central Nevada Water Authority Randy Brown was officially a member so he and Randy Brown represent Elko County on that Board. He noted on the Humboldt River Basin Water Authority he and Commissioner Guttry represent Elko County. He noted the Nevada Land Task Force adopted a Resolution that became SJR 1 which passed through Nevada Legislature and was similar to the legislation introduced by Congressman Amodei in the House. Commissioner Dahl stated there was a strong effort being made to do the same process in other states within the west. He stated there was question whether they could do an ominous bill to take care PAGE 14

15 of the interests of the States that were asking for the public lands to be transferred to them or whether it had to be done individually state by state. He noted that discussion was resolved by Congressman Amodei when he introduced the bill for Nevada and the bill was specific for the State of Nevada. Commissioner Dahl stated that was what the Nevada Land Task Force had asked him to do. He noted Utah passed their bill prior to Nevada s process but it has not been introduced to Congress. He believed Arizona, Wyoming, Alaska and Idaho would introduce their bills soon. He stated Colorado and New Mexico, Montana, Washington, Oregon would have more of a challenge but there was legislation in all of those states. He stated those states were working with studies, etc., toward that end. He noted the biggest challenge was in California. B. Delmo Andreozzi, District 2 Commissioner: Highway Board Clerk, Nevada Department of Transportation (NDOT) Liaison, Auditorium Authority Board (ECVA), Hospital Board, Elko City Liaison, Museum Board, Regional Transportation Commission (RTC), Railport Committee. Commissioner Andreozzi stated the ECVA expansion project was ongoing and the mining expo was bigger and better. He reported the new oncology center was open and they were treating patients. He was asked to give a presentation to the City of Elko upon the quarter cent sales tax proposal. Commissioner Andreozzi attended the groundbreaking ceremony with NV Energy upon Ruby Vista and the new operations center would be a 20,000 square foot building. He noted NV Energy had many yards on city blocks which would now be going into private hands and publicly thanked NV Energy for their commitment to the community and to the State. He stated the Museum s Executive Director, Claudia Wines, was resigning so they were in the process finding a new Director. He commended Claudia Wines upon her dedication to the Museum. He stated the Senior Citizen s Center was having their annual fund raiser. He noted at the Regional Transportation Commission meeting they approved $40,000 to GET My Ride program to supplement their operation fund. He noted normally they give $25,000 to $30,000 and in the long term they may not be able to give more than that amount in the future. He had received a call about traffic speed in the White Rock area and spoke to the Sheriff about some patrol in the area. He reported he was passed twice on Last Chance Road when traveling the speed limit. C. Glen Guttry, District 3 Commissioner Commission Vice-Chair, Highway Board Chair, Recreation Board, Railport Committee, Humboldt River Basin Water Authority, Elko Senior Activity Programs Board Liaison, Budget Committee, Veteran s Affairs, Northeastern Nevada Regional Development Authority (NNRDA), Sheriff Department Liaison / LEPC Liaison, Fire District Committee. Commissioner Guttry was absent. PAGE 15

16 D. Cliff Eklund, District 4 Commissioner: Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, Budget Committee, California Trails Center Board Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Library Board of Trustees Liaison, School District Liaison / CIS Communities in Schools, Nevadaworks, Debt Management Commission. Commissioner Eklund attended the 4 th of July event and commended John Ellison and Charlie Myers upon their fireworks display. He commented many out of town people were impressed with that event. He stated the County received a plague in appreciation for their participation. He was notified of his nomination to the China Springs Advisory Board. E. Rex Steninger, District 5 Commissioner: Spring Creek Association Liaison, Te-Moak Tribe of Western Shoshone Indians Liaison, Shoshone-Paiute Tribes of Duck Valley Liaison, Northeastern Nevada Regional Development Authority, Alt. (NNRDA), Natural Resource Management Advisory Commission Liaison, Fire District Committee, American Lands Council Alt Liaison, Sage Grouse Pilot Project, Elko County Conservation Districts Liaison, Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison. Commissioner Steninger stated there was nothing to report 2:57:53 PM: XIII. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS: Randy Brown had received a response letter from DEP with regards to the County s letter of concern upon the sludge dumping upon the RLP Ranch. He stated their questions were answered and the DEP s record of decision was to approve the permit for five years. Randy Brown stated the Board could officially protest and the deadline for the protest was the 10 th of July. Commissioner Dahl noted the letter was only upon their concerns and the DEP had answered their questions. He felt their letter of concern would have to suffice. Randy Brown stated their letter of protest on the BLM FEIS was ed on the 27 th of June and was also sent certified, return receipt requested. He stated it was also received by both offices in Washington DC and their letter to the Governor with regards to the quality of the review was sent out yesterday. Randy Brown stated 48 other people had filed a protest. Kristin McQueary stated, as a private citizen, she would like to thank the Ruby Valley VFD volunteers, the County Fire Protection District, the BLM ground crews, BLM Helitack crews and NDF for fighting the Ruby Valley fire near her home. She stated they have very good neighbors and good fire protection in this County. PAGE 16

17 3:00:50 PM: VIII. ELKO COUNTY CODE: A. In accordance with Public Notice conduct a Second Reading and Public Hearing regarding the adoption of Ordinance , entitled, AN ORDINANCE AMENDING TITLE 5, CHAPTERS 3, 6, 7, and 9 OF THE ELKO COUNTY CODE. Title 5, Chapter 3, addresses Tentative Subdivision Maps. The proposed changes to ECC removes the language land development and would replace it with subdivision development. The proposed changes to ECC set filing fees by Resolution. Title 5, Chapter 6, addresses Final Subdivision Maps. ECC changes correspond with recent changes made to NRS as they apply to the filing period of a Final Map. ECC changes include fees set by resolution and payment to Elko County Division of Planning and Zoning. ECC changes submittal of Final Map to the Elko County Division of Planning and Zoning and removes paragraph 2. ECC changes County Surveyor to the Elko County Division of Planning and Zoning. Elko County Code Title 5, Chapter 7, defines subdivision requirements. ECC changes County Clerk s Office to the Elko County Division of Planning and Zoning. ECC changes County Clerk to the Elko County Division of Planning and Zoning. ECC 5-9-1, State Assistance; Fee Schedule section is to be deleted in its entirety. Commissioner Dahl stated this was the second reading. Kristin McQueary explained this was updating the code changing names and practices. MOTION: Commissioner Steninger moved to approve the Second Reading and adopt Ordinance , entitled, AN ORDINANCE AMENDING TITLE 5, CHAPTERS 3, 6, 7, and 9 OF THE ELKO COUNTY CODE. Commissioner Eklund seconded the motion. The motion passed unanimously. B. In accordance with Public Notice conduct a Second Reading and Public Hearing regarding the adoption of Ordinance , entitled, AN ORDINANCE AMENDING TITLE 12, CHAPTERS 3, SECTION 19 OF THE ELKO COUNTY CODE TO UPDATE NAME OF AGENCY TO ELKO COUNTY DIVISION OF PLANNING AND ALL OTHER MATTERS RELATING THERETO. PAGE 17

18 MOTION: Commissioner Steninger moved to approve the Second Reading and adopt Ordinance , entitled, AN ORDINANCE AMENDING TITLE 12, CHAPTERS 3, SECTION 19 OF THE ELKO COUNTY CODE TO UPDATE NAME OF AGENCY TO ELKO COUNTY DIVISION OF PLANNING AND ALL OTHER MATTERS RELATING THERETO. Commissioner Eklund seconded the motion. The motion passed unanimously. 3:03:02 PM: XIV. COMMENTS BY THE GENERAL PUBLIC: No public was submitted. 3:03:21 PM: XV. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 3:03 p.m. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk DEMAR DAHL, Chair PAGE 18