Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Demar Dahl Glen Guttry Charlie Myers Warren Russell R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Wednesday, May 4, 2011, 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, Chair Glen Guttry Charlie Myers Warren Russell Jeff Williams County Manager Robert Stokes Deputy District Attorney Kristin McQueary County Clerk Carol Fosmo Deputy County Clerk Marilyn Tipton Planning/Zoning/NRMAC Randy Brown Road Supervisor Otis Tipton District Court Judge Andrew J. Puccinelli Justice of the Peace Alvin Kacin District Attorney Mark Torvinen Public Defender Fred Lee, Jr. County Treasurer Rebecca Erickson Public Guardian Kathy Jones Library Director Jeanette Hammons Chairman Dahl called the meeting to order at 1:34 p.m. Chairman Dahl welcomed the out of town meeting participants to Elko County. Commissioner Russell led the meeting participants in the Pledge of Allegiance. PAGE 1

2 Chairman Dahl introduced Nevada Supreme Court Justices: Michael Cherry, Mark Gibbons and Kristina Pickering. 1:37:29 PM Special Session of the Nevada Supreme Court was called to Order. II. NEVADA JUDICIAL HISTORICAL SOCIETY: Presentation by the Nevada Judicial Historical Society regarding the 100 th Birthday of the Elko County Courthouse and celebrating Elko County s First District Court Judge, Judge George D. Keeney. Justice Michael Cherry commented the Northern Panel of the Nevada Supreme Court heard cases from rural Nevada, Washoe County and the overflow of Clark County s cases. He introduced Peter Smith, a Historical Society Member; Susan Southwick, the former librarian for the Nevada Supreme Court; Patty Cafferata, a former State Treasurer; and Jerome Jerry DePalma, Attorney at Law. He acknowledged Justice of the Peace Al Kacin was present today. He noted Elko County had two District Court Judges Andrew Puccinelli and Michael Memeo. Justice Mark Gibbons stated the Nevada Supreme Court Justices would continue their participation in Nevada s Law Day events by holding oral arguments in West Wendover tomorrow with the High School Students in attendance and hear oral arguments in Winnemucca on Friday. Judge Andrew Puccinelli welcomed members of the Supreme Court and the local courts. He commented upon his growing up in the community and being a document runner at the age of ten year in the Courthouse. He noted Charlie Myers mother was his first secretary after law school. Judge Puccinelli stated they were here to celebrate the Rule of Law and the justice system. He commented the Nevada Law Day celebrations would emphasize the legacy of John Adams. He noted the justice system had revolved throughout history. Peter Smith, of the Nevada Judicial Historical Society, stated they rely on the printed word and gave reference to the Northeastern Historical Quarterly of 1977, an article on the first Courthouse in Elko County. He noted the railroad built a depot which was the beginning of the Town of Elko. He stated Elko past the population mark of 1,000 when legislature created Elko County on March 5, Peter Smith gave a historical review of the lack of infrastructure in Elko County and the first County Commission election held in June of He stated Judge Keeney was elected June 21, 1869 and reviewed the financial argument over the gold tipped pen requested by the Judge. He commented the jail was built on a railcar with guards at both ends. He noted there was a dispute with the contractor over the locks on the jail cells. Peter Smith stated Judge PAGE 2

3 George Keeney was born and raised in New York, graduated law school in 1861 and practiced in San Francisco and Virginia City before coming to Elko. He stated $5,000 was the salary for the first Judge of the Eleventh Judicial District. Peter Smith stated Judge Keeney practiced in the Opera House and the School House until the Courthouse was built. He gave an overview of cases heard by Judge Keeney and his method of calculating life sentences based upon the defendant s age and severity of the crime. Peter Smith stated Judge Keeney was famous for night sessions and lost re-election in 1870 by 103 votes. He reported George Keeney died in New York in April of Justice Gibbons presented the plaque to the Elko County Commission. Justice Gibbons stated Patty Cafferata was a historian who did extensive research on the Courthouses throughout the State of Nevada. He commented Patty s mother Barbara Vucanovich was a Nevada Congresswoman from 1982 to Justice Gibbons adjourned the Supreme Court at 2:03 p.m. 2:03:03 PM Nevada Supreme Court was adjourned. Commissioner Williams introduced members of the local Cowboy Action Club which had dressed in attire suitable to the historical era: Dessa Williams, Doug Thompson, and Diana Russell. 2:04:10 PM RECESS Chairman Dahl called a recess at 2:04 p.m. 2:22:57 PM RECONVENED Chairman Dahl reconvened the meeting at 2:22 p.m. I. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted. 2:23:52 PM II. NEVADA JUDICIAL HISTORICAL SOCIETY Continued: Robert Stokes presented a slid presentation of the Courthouse building throughout the years. He thanked the Northeastern Nevada Museum, Kathy Long and Michele Petty for putting the presentation together. 2:33:01 PM III. 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. Law Library Minutes and Library Minutes were previously submitted. Jeanette Hammons, Library Directory, reported their Lexis Nexus contract was renewed for a two year term. She stated the Just Desserts tickets were available. She reported 457 people attended the Easter EGGstravaganza event. PAGE 3

4 Jeanette Hammons stated Building and Grounds would re-tile the bathrooms. She noted a master gardener from the Elko Garden Club had taken on a gardening project on the Seventh Street side of the building. Jeanette Hammons reported there was an Eagle Scout project planned. She reviewed the computer use and audio survey results. The Friends of the Library had raised funds for the purchase of the computers. Jeanette Hammons stated the audio survey showed 70% were interested in downloadable audios but there had been an issue with the kindle format. She noted Kindle was working with e-books now so they were able to download books. Jeanette Hammons stated the Library Board was not looking at leasing the property at 777 Idaho Street because it was not feasible. She reported the Library Board had approved expending Library funds for new furniture for the Elko headquarters, furniture for the Carlin facility and to the bookmobile due to the State budget cuts to the bookmobile. 2:41:52 PM IV. ELKO CONVENTION AND VISITORS AUTHORITY (ECVA): Discussion and consideration of the appointment of an individual to fill the vacant position of the ECVA Board of Directors. Candidates letters were received from Barry Bhakta a/k/a Bharat Bhai Lai, Todd Valline and Nancy J. Ernaut. Robert Stokes stated the ECVA Board of Directors recommended Barry Bhakta who was a local businessman and understood the room tax. Barry Bhakta stated he had been in Elko since 1981 and they owned four motel businesses. He had been attending the lodging meetings and understood the room tax distribution process. Commissioner Myers stated all three candidates had strong points but Barry had been involved with ECVA for many years. MOTION: Commissioner Myers moved to appoint Barry Bhakta to the ECVA Board of Directors to replace Ruben Abeyta. Commissioner Guttry seconded the motion. Commissioner Russell suggested they send Thank You letters to the other candidates. Commissioner Myers amended his motion to include letters be sent to the other candidates. Commissioner Guttry seconded the amendment. The motion passed unanimously. 2:46:49 PM XI. HUMBOLDT WATERSHED COOPERATIVE WEED MANAGEMENT AREA: Discussion and consideration of RESOLUTION NO supporting the efforts of the Humboldt Watershed Cooperative Weed Management Area in applying for a 319H grant from NDEP. PAGE 4

5 This funding grant would create a coordinator position that would be tasked with pursuing funding, overseeing mapping, implementing programs, as well as performing administrative functions, that relate to the impact of noxious weeds in the watershed. Commissioner Dahl had met with NDEP who suggested the County Commission adopt a Resolution in support of this project to put this project at the top of the list for grant funding. He introduced Mitchell and Rhonda Heguy. Rhonda Heguy, representing the Humboldt Watershed Cooperative Weed Management Area, stated they were applying for a grant from the NDEP in order to apply ground control on some of the weeds degrading the Humboldt Watershed System. She stated they wished to hire an administrator to pull the cooperators together and keep track of available funds and administer the grant. Commissioner Russell cautioned if the agency did not continue the grant, there would not be County financial support of the position. Commissioner Myers asked if this was similar to the Preston Wright project. Rhonda Heguy stated it was the same funding source but the scope was different and there were no regulatory issues. Commissioner Myers stated the Nevada RAC was looking at weed control. He suggested they submit their project to gather additional funding. Rhonda Heguy stated the current grant was mainly for administration and they would look into that funding. MOTION: Commissioner Williams moved to adopt RESOLUTION NO supporting the efforts of the Humboldt Watershed Cooperative Weed Management Area in applying for a 319H grant from NDEP and send it to all the counties along the Humboldt River. Commissioner Myers seconded the motion. The motion passed unanimously. 2:53:46 PM V. ELKO COUNTY OWNED PROPERTY SALE / LEASE REQUESTS: A. Discussion and consideration of authorization to start the process in order to consider a request to lease County property at the old Lamoille Landfill site to be used for a horse corral. If approved by the Commission, the County will follow the public process in NRS to effect the lease. Kristin McQueary stated there were two statutes to follow when leasing County property. She reviewed NRS wherein they were required to pass a Resolution declaring their intention to lease the property. Kristin McQueary stated there was a change in the law which required a dual appraisal process and gave an overview of NRS Kristin McQueary recommended that they hold a public hearing after they receive their first appraisal so they would only need one appraisal. She noted it was a landfill site PAGE 5

6 and there were liability issues they would have to be discussed with the insurance pool. Kristin McQueary stated the landfill was covered and seeded but not capped. She stated anyone leasing it would have to have a Defense and Indemnification Agreement. Commissioner Russell stated the landfill had been collecting weeds and part of the process was covering the landfill area. He stated there were areas that had glass or metallic objects with only three inches of material. He believed rehabilitation would have to be a condition after the termination of the lease. Randy Brown stated the landfill has a minimal cap and any disturbances would entail import of clay material to add to the cap. He stated it was imperative to import clay material for a cap if this was leased and it must be part of the agreement. Randy Brown stated the surface was not flat and would take some change for their use. He recommended they put these stipulations into the lease. Otis Tipton stated the Lamoille landfill was closed in the late 1980 s when the Spring Creek landfill was opened up. He stated this was an open, uncontrolled landfill so everything could be put into it. He stated there was a minimal surface cover put over it and people continued to dump illegally. Otis Tipton stated they did a second cleanup and covered up with what remaining material was there and locked the gates. Otis Tipton reiterated there was no proper cap and there were glass and metal pieces on top. He did not believe the County could sell it because of the liability issues. He questioned paying the price of an appraiser to appraise the property for someone to put horses upon it. Commissioner Dahl asked if the landfill would have to be compacted first before a cap was applied. Randy Brown stated the imported clay would have to be compacted. Otis Tipton stated it would require a 36 inch cap. Randy Brown stated the landfill closure was mitigated through the County as a minimum standard. He stated, as a horse owner, they want to make these people understand if they move any dirt it would have to be fill material brought in and added to the cap. He stated they should not move the current earth because of the liability. Connie Harlan introduced Ronna Hintz who was the adjacent landowner to the landfill. Connie Harlan stated their intention was to put up a roping arena there. She stated Ronna s husband, Eddie, wanted to haul in sand so there would be no disturbance. She stated they were not going to level it and were considering a portable arena. Connie Harlan stated the Hintz were interested in buying the property. Commissioner Myers cautioned that would depend upon the remediation to the landfill. Commissioner Guttry stated they had received another letter of interest for grazing upon it. Commissioner Dahl inquired how many acres the landfill was. Connie Harlan replied five acres. PAGE 6

7 Commissioner Guttry stated he had been a City Supervisor for the Elko City landfill and stated there were federal regulations. He questioned whether the Commission could sell the landfill. He commented if someone falls off their horse and impales themselves on something it would be a liability issue. He stated if the appraisal costs and liability issues were taken care of then he would not object to it being grazed. Kristin McQueary stated the County would not be totally immune from liability but they could ask that they assume foreseeable risks such as metal surfacing. She would not want to see steers grazing on that property and then being sold as a food source. Kristin McQueary stated they could put all of their concerns and the cost of an appraisal into the Resolution. Robert Stokes estimated the appraisal may cost approximately $2,000 to $4,000. Commissioner Myers recommended the costs of the appraisal and the cost of bringing in clay be included within the Resolution. Commissioner Russell inquired if they understood the cost to the County would be reimbursed through the lease and once this land becomes available there would be competition for the lease from the public. Connie Harlan stated they understood that. Kristin McQueary cautioned if they put sand down as ground cover there may be a dust issue so dust abatement may have to be placed within the Resolution. Connie Harlan stated the whole area would not be used for an arena some of it could be used for grazing. She noted the lots behind the landfill were vacant lots with no livable structure. She commented the other adjacent landowner had submitted a request to utilize it for grazing. MOTION: Commissioner Myers moved that they approve having staff draft a Resolution that covers any items in NRS and NRS ; that in that Resolution we set out the guidelines for the length of time for the possible lease, the condition they want the property to be in before it can be used; determination from NDEP that the use of the property was not in violation of any State or Federal laws; that we host a public hearing, and insurance and indemnification to the County was part of the Resolution; and that the property be restored back to its original or better condition upon non use, elimination, or cancellation of the lease. Commissioner Guttry seconded the motion. Commissioner Williams stated if someone came in and built that ground up what would they charge for the lease amount. Kristin McQueary stated they would have to lease it for the higher appraised value. Commissioner Williams stated they would have to take into consideration the amount of money put into PAGE 7

8 the property to bring it to a good or better condition. Kristin McQueary suggested they put a term of the lease in the Resolution. She suggested it be a definitive lease term. Commissioner Dahl stated they could put in a term for the lease and make it renewable. Otis Tipton commented the County property was not zoned but it was within residential areas. He believed roping arenas were listed in their County Code. Kristin McQueary stated they could put in the Resolution that the property not be used for commercial purposes. Kristin McQueary stated if the land was open for club use it would change the use. Connie Harlan stated it would be for personal use. Commissioner Myers amended his motion to include the property would not be used for any types of commercial purposes. Commissioner Guttry seconded the motion. Connie Harlan stated the Hintzs were interested in purchasing the property. Kristin McQueary stated they would talk to the insurance agency. She stated a sale would increase the cost of the appraisal. Otis Tipton inquired what they would compare this property to for the appraisal. The motion passed unanimously. 3:21:58 PM B. Discussion and consideration of authorization to start the process in order to consider a request to purchase less than an acre of County property at the intersection of Sundance Drive and Mountain City Highway. If approved by the Commission, the County will follow the public process in NRS 244 to effect the sale. NDOT response was received. Kristin McQueary stated according to NRS the County would have an appraisal process unless they hold a public hearing on the fair market value and have one appraisal performed. She reviewed the posting and publishing procedures. Randy Brown stated this triangular piece of property was given to the County from the Harris Family Trust. He stated this portion of property was acquired due to NDOT requirements for realignment of Sun Dance Drive to come into the highway perpendicular. Randy Brown noted acceleration and deceleration lanes had been built in from each side. He stated Randy Hesterlee of NDOT ed him stating this development would not require the intersection to be changed. Randy Brown stated the road alongside Sundance would be required to be widened. He stated NDOT may require some realignment in the future due to the traffic flow change. Pete Ormaza stated he was interested in buying the property. He displayed a map of their future development which was adjacent to the property. PAGE 8

9 Commissioner Guttry noted it was a remnant piece of property that was not on the tax rolls. Otis Tipton stated the Road Department had put in $100,000 into that piece of property. Pete Ormaza stated the city requested them to do all the improvements to Sundance so they requested the property for landscaping purposes. MOTION: Commissioner Guttry moved to direct staff to start the process to consider the sale of less than an acre of County property at the intersection of Sundance Drive and Mountain City Highway. Commissioner Myers seconded the motion. Commissioner Myers suggested amending the motion to have staff draft a Resolution and set it for public hearing. Commissioner Guttry clarified his motion was to start the process which included the appraisal, the Resolution and the public hearing. The motion was passed unanimously. 3:29:11 PM VI. ELKO COUNTY TREASURER OFFICE: Discussion and consideration of the acceptance of the affidavit required by NRS from the County Treasurer that delinquent tax notices were properly mailed. Rebecca Erickson stated this was her affidavit stating she had followed the procedures to notify delinquent taxpayers. MOTION: Commissioner Myers moved to accept the affidavit of the County Treasurer that delinquent tax notice was properly mailed. Commissioner Russell seconded the motion. The motion passed unanimously. 3:29:57 PM VII. TRANSIT SERVICES IN ELKO AND SPRING CREEK: Discussion, update and consideration of issues related to the continued operation of transit services in Elko and Spring Creek including review of passenger fees and the authority to advertize for a Transit Coordinator position to assist the County in the administration of the system. Commissioner Myers stated NDOT told them they would assist the County in funding the transit coordinator s position to prepare the reports to NDOT and Federal Highways. Commissioner Williams noted the lack of a person to prepare the reports was the previous problem. MOTION: Commissioner Russell moved to authorize to advertise for a transit coordinator position. Commissioner Myers seconded the motion. The motion passed unanimously. Robert Stokes stated Cash Minor was not present today but he was told during the transition period the fee structure for elderly and disabled would have PAGE 9

10 no impact but it may impact other folks. Commissioner Myers stated service was the same for the elderly and handicapped but others have to pay based on availability of the bus. MOTION: Commissioner Myers moved that Elko County, as the transit authority for the County, establishes elderly and handicap as the first and second priority for the County and that regular riders can take the bus, room permitted, but at the cost of $1.00 per ride. Commissioner Guttry seconded the motion. The motion passed unanimously. 3:34:10 PM VIII. ELKO COUNTY DISTRICT ATTORNEY OFFICE: Commission Legal Authority Wage Bond Ordinance: Discussion and consideration of legal counsel advice regarding whether the County Commission has the legal authority to enact a wage bond ordinance as requested at the previous Commission Meeting. Kristin McQueary stated she had previously sent a memo regarding the powers of the County Commission delegated from the State of Nevada. Kristin McQueary stated the State Legislature had a statutory scheme with the Labor Commission regarding wage disputes under Chapter 607. She stated there was a bill in the Legislature to give more authority to the County Commissions which may allow them to enter into a wage bond in the future. Commissioner Williams disclosed that his nephew signed on as a party to the lawsuit. Kristin McQueary clarified that disclosure would be with regards to comments on the Queenstake lawsuit but the wage bond would be Countywide and Commissioner Williams could discuss the wage bond. Commissioner Myers disclosed his son s father-in-law was part of the Queenstake case. Kristin McQueary stated he should disclose but did not have to abstain from this discussion. Commissioner Myers suggested the Board send a letter to the State regarding the wage issues and the corporation not in good standing coming back into the State and rehiring more employees with no protection for those employees of this happening again. Commissioner Russell suggested the letter be directed to the Labor Commission. Commissioner Myers asked it come back as an action item. Commissioner Russell suggested they support the 400 employees in this circumstance. Commissioner Williams inquired about the proposal of the wage bond. Kristin McQueary stated Jenni Kinsman had brought that example from West Virginia s wage bond. Kristin McQueary noted the Labor Commission dealt with PAGE 10

11 wage disputes. She commented upon the differences between wages and benefits. 3:42:38 PM IX. ELKO COUNTY NATURAL RESOURCES MANAGEMENT ADVISORY COMMISSION (NRMAC): A. Discussion and consideration of a request from NRMAC that the County Commission consider the creation of a committee involving all affected counties of Nevada to evaluate and research the potential of filing legal action against the Bureau of Land Management and Department of the Interior for not properly managing the public lands where wild horse gathers have been cancelled or have the potential to be cancelled. Commissioner Dahl stated the NACO Public Lands Committee and specifically Jake Tibbits were asked to involve the counties in a similar situation. He believed someone in Nevada needed to do a similar action as the Wyoming lawsuit. Commissioner Dahl stated a Judge needed to tell the BLM to comply with the 1971 Act and the Conrad Burns Amendment which gave the BLM the authority to sell horses in order to maintain the ecological balance. Commissioner Dahl stated from the summit in Las Vegas there was the beginning of some processing plants. Commissioner Dahl stated Madeline Pickens had testified at the subcommittee of Congress that she had 74,000 e- mails of individuals that want to change the Taylor Grazing Act and the Wild Horse Act to save the mustangs from going extent. Commissioner Dahl stated to resolve the problem there has to be legal action. He stated the Cattlemen s Association should stay clear in the background but there would be an advantage to have a legal efforts led by NACO. He believed the Wildlife Department should be in the forefront of the effort. Commissioner Russell suggested submitting a letter of support. Randy Brown agreed with sending a support letter and NRMAC wanted to make sure they were in legal order. He suggested someone from Elko County sit on that subcommittee. Commissioner Dahl stated he was upon Jake s committee. Ken Wellington stated they should make sure that the BLM continues their horse gathers when they see the habitat was in need of relief. He commented the BLM had previously told them they would cancel the horse gather in the Diamonds in July due to a new book of rules. Ken Wellington speaks on behalf of the sportsmen but felt the ranchers and sportsmen should work together. He believed they have NDOW behind them. Ken Wellington agreed with NACO but if they do not go forward then Elko County should proceed. Commissioner Dahl stated in the Diamonds they were 300% over the HML. He stated fertility PAGE 11

12 treatments would be in the areas were the population was only a little over the HML levels. Commissioner Myers voiced concern that NACO may not be the right place to proceed with this. He noted NACO did not fight the Travel Management Plan. He asked that they keep this item on the agenda. Commissioner Myers supported this because if there were no gathers within two years the horse numbers would double. He questioned whether they could get everyone together in sufficient time to make decisions. Commissioner Myers recommended a blanket to the hunters to build a coalition. Ken Wellington stated they could not get the addresses from NDWO. Commissioner Myers suggested they speak to the wildlife advisory boards to get the word out. Commissioner Williams attended the NACO meeting in December and suggested they take this issue to the other County Commissioners and then present it to NACO. Commissioner Dahl stated if there was a committee meeting in Congress on the Taylor Grazing Act and the Wild Horse Act it would be better with the counties and the hunters making the argument rather than the ranchers. Commissioner Myers stated historically Clark County and Washoe County issues dominate NACO and those counties were not as impacted by wild horses. Commissioner Williams noted Ken Mayer had sent a letter to the Department of Interior complaining about the wild horses and their impacts. Ken Wellington commented two years ago the Forest Service came to the Commission and NACO did not take legal action. He requested the Board to consider an Elko County committee to look at financial costs for legal action. He noted if the BLM continues to cancel horse gathers there will be too many horses. Commissioner Dahl stated it would take $100,000 to get the lawsuit started. He stated NACO would have a meeting on Friday in Carson City. Robert Stokes stated the Public Lands Committee subcommittee for NACO has become more active than in the past. He stated the National Association of Counties was not as active. He stated NACO could lobby the legislature and the Congress. Commissioner Myers noted the ranching community can t take a back seat on this. He suggested a consolidated front. Commissioner Williams noted the ranchers have the appearance of a conflict. Commissioner Dahl stated 27 ranchers testified during the national wild horse committee meetings in Reno. Kristin McQueary stated Boyd Spratling was on that national committee and there was a lot of wild horse expertise in Elko County with connections to other groups. She stated they could legislate, negotiate or litigate the problem. PAGE 12

13 Commissioner Dahl suggested they litigate it. He noted Western Alliance of Counties did a Resolution wanting to put a County Commissioner on the Wild Horse and Burro Advisory Board. Kristin McQueary stated the fourth resolution to the problem may be education. She commented upon the environmental groups outreach to the uneducated masses. She stated western issues need to be taken to the masses on the east coast. Commissioner Dahl noted the Sierra Club was on the side of the wildlife on this issue. Commissioner Dahl believed the Sierra Club would join in the lawsuit. Commissioner Russell asked how critical the issue was in Elko County. He stated the CNRWA decided water was the critical issue in Elko County and in the State and committed resources to it. Commissioner Williams noted historically on public land issues they fought defensively and they lost more ground. He stated negotiation was a defensive posture. He suggested legal action as a positive action to get more counties involved. Commissioner Myers supported removing horses off the range. He noted the Public Lands Committee received $15 million dollars from El Paso and asked if a portion of that funding could be used to address this issue. Commissioner Dahl stated the Public Land Committee cannot use that funding for lawsuits but there was the Nevada Land Action Association and there could be national funding available. Ken Wellington suggested a Letter of Intent to take action if the BLM cancels any further horse gathers. Commissioner Dahl asked the Board to hold off until Friday s NACO meeting. 4:11:09 PM B. Discussion and consideration of issues reviewed by the Elko County Natural Resources Management Advisory Commission. Randy Brown stated they discussed many issues. He commented on the BLM issue of public land access across private lands. He stated a person in Independence Valley was fencing off his 640 acres and blocking access roads through the valley. Randy Brown stated these were RS 2477 roads crossing private properties. He noted there no other access to some of the land and this was an intentional action by the private property landowner. Commissioner Dahl formerly owned that ranch and did not believe it was within his legal right to restrict travel through the valley down to the Warm Springs Ranch. Commissioner Dahl suggested he, Randy Brown, Commissioner Williams and Otis Tipton meet with Mr. Boyer and discuss the situation. Kristin McQueary stated RS 2477 was a very specific definition and depended upon the PAGE 13

14 history of the road. She suggested the Commission invest some money in historical research on this road. Commissioner Dahl stated they would have the discussion with the landowner. Commissioner Dahl stated the County wanted the RS 2477 roads kept open but the issue now was with access to public lands. Commissioner Williams suggested research be performed. Commissioner Myers asked about the IL Ranch. Kristin McQueary stated some roads were put in for mine exploration and the mine had an obligation under their permit to reclaim them. Kristin McQueary suggested they request a preliminary title report and talk to George Boucher on historical county maintenance. MOTION: Commissioner Williams moved that that they table this item until they have more historical and legal research on these roads. Commissioner Guttry seconded the motion. The motion passed unanimously. 4:19:48 PM X. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICT TRAVEL MANAGEMENT PROJECT: Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project. Randy Brown had ed an eight page response to the County Commissioners for review on Tuesday. MOTION: Commissioner Myers moved to approve the letter with whatever tweaking and have the Chairman sign it and send it. Commissioner Dahl stated they were in the process of doing a County Ordinance and it would be presented to the Commission. Randy Brown noted the letter stated the County should be provided preference and the Forest Service had looked through the manuals and CFRs and they cannot find any law that give the County that right. Randy Brown stated that right of preference was within the Constitution of the United States. Commissioner Myers voiced concern about the Forest Service not acknowledging the financial impact from their plan even after the County submitted their studies from the University. Randy Brown stated if the Forest Service chose to deny them the Forest Service could be required by the County to perform the same action. Commissioner Myers inquired how they provided that information to the Forest Service. Randy Brown stated it was hand delivered and stamped at their front desk. Commissioner Myers stated they should start making a case. Commissioner Williams believed the District Rangers did not want the information to get to their superiors. He requested that the response letter listing PAGE 14

15 all the meetings go to the supervisors who were over the District Rangers. Randy Brown stated it would be sent to the Deputy Director in Washington, Regional Director in Salt Lake and the State Director in Carson City. Commissioner Dahl suggested they index the dates of those hearings, the people who testified, and the topics. Randy Brown stated he would add that as an Appendix. Commissioner Myers inquired if there were minutes of the meetings. Randy Brown stated the minutes were verbatim and they have it in electronic format. Commissioner Myers inquired if they want to approve the letter with the Ordinance. Commissioner Dahl suggested they send the letter now. Commissioner Williams seconded the motion. The motion passed unanimously. 4:26:29 PM XII. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. 4:27:02 PM Commissioner Williams departed the meeting room Commissioner Russell stated their meeting was scheduled the same time as the Mining Expo so the meeting place was shifted to Austin. 4:27:41 PM XIII. COMMISSION AND COMMITTEE REPORTS: Reports from Commission members regarding various committee, liaison or agency issues Demar Dahl, District 1 Commissioner: Commission Chair, Liquor Board Chair, Wells West Wendover, Jackpot, Montello Liaison He stated Jolene Supp had received several letters regarding the Wells Honor Camp. They would testify tomorrow at the Legislature regarding the Wells Honor Camp. Commissioner Russell inquired if someone was cited for an offense that may rise to a felony, would the Liquor License be revoked or would they have to be convicted of the felony. Kristin McQueary stated there was a statutory procedure and a hearing would be held. 4:28:52 PM Commissioner Williams returned to the meeting room. Commissioner Dahl stated the City of Wendover would be sending a letter on the Wells Honor Camp. Humboldt River Basin Water Authority - He stated there was a meeting. PAGE 15

16 UNR Fire Science Academy He and Commissioner Guttry attended the meeting several weeks ago and reviewed the applications. Mining Sustainability He stated the Mining Summit just finished. Elko County Conservation Districts Liaison He stated they were involved in weed control but were also observing the travel management proposal. Western Counties Alliance - He stated the former Executive Director s family may sue the Alliance for money that was due the Director. He stated that alliance may be disbanded. Nevada Association of Counties (NACO) Board He stated there was a meeting this Friday. Ruby Pipeline Project Western Counties Coalition He stated they had asked the Mountain States Legal Foundation to take this case. Charlie Myers, District 2 Commissioner: Commissioner Myers inquired what the economic benefit or impact would be to the County if they discontinue the Wells Honor Camp. Robert Stokes stated Kevin Lee, of NDOT, said they spend $1.8 million statewide with all the Honor Camps because their services were more economical. He reported Kevin Lee had spent $96,000 this fiscal year on the Wells Honor Camp. Commissioner Myers requested information be submitted to the Board. Nevada Commission on Economic Development He stated they were looking to see what the impact would be from AB 149. Auditorium Authority Board (ECVA) He stated the Junior Rodeo was the first weekend in June and the next weekend would be the Mining Expo. He stated the Motorcycle Jamboree would be Father s Day weekend and the following weekend they plan to hold some sort of show and shine with a BBQ to raise money for David Tilger. Commissioner Myers had attended the Nevada RAC meeting last Friday and there was $289,000 in Secure Rural Schools funding available. He supported giving money to the Conservation Districts for more weed control. Glen Guttry, District 3 Commissioner: Fire Science Academy Liaison He stated with the passing of President Glick there was a loss of support to acquire federal funding. He stated they hoped to get Senator Harry Reid s support for the National Domestic Preparedness Consortium, NDPC, funding which would save the academy. Nevada Division of Forestry Liaison He received an from William Johnston regarding a meeting tomorrow night at 7:00 p.m. in the Fire Science Academy to talk about NDF fire services. Robert Stokes stated the Board s fire liaisons were Commissioners Guttry and Myers. Commissioner Myers stated tomorrow the County Commission would make a decision and then they could schedule a meeting to speak to the Captains and Battalion Chiefs. PAGE 16

17 Hospital Board He stated there was a meeting tonight. R. Jeff Williams, District 4 Commissioner: Commission Vice-Chair He would chair the meeting tomorrow. Carlin, Mt. City, Midas, Owyhee, Jarbidge & Tuscarora Liaison He had attended several meetings in Carlin. On May 17 th he would go to a Post Office meeting in Mountain City. He was in Jarbidge last week with Lynn Forsberg and they looked at the Deer Creek road job with Mike Balen of the Forest Service. Museum Board - He enjoyed sitting on this board. California Trails Center Board Liaison He was now a Director sitting on the California Trails Center Board in Elko. BLM/USFS Liaison He stated they have been meeting regularly. Natural Resource Management Advisory Commission Liaison He stated there was a conflict with the Carlin City Council meetings due to meeting times. Juvenile Department Liaison He stated Mike Pedersen was concerned with the State s budget process. Sheriff Department Liaison He stated it was going very well with the Sheriff s Department. Library Board of Trustees Liaison He noted their Just Dessert event was scheduled for Saturday night. CIS Communities in Schools He stated Ms. Melissa Aguirre was replacing Terri Clark as the Director in Elko County and Terri Clark was now the State CIS Director. Warren Russell, District 5 Commissioner: Regional Transportation Commission (RTC) He noted there was no meeting scheduled. Budget Committee He stated they would be discussing these issues tomorrow. Nevadaworks He would attend the upcoming meeting. Elko County School District Stars He had not attended the meeting. Commissioner Russell stated he had a conversation with Will Johnston on the fire issues and recommended he contact the Commissioner liaisons. He doubted if attendance at the meeting would be beneficial because the Board had not made any decision. 4:48:59 PM XIV. COMMISSION MEETING CALENDAR: May 16, :30 p.m. Final Budget Hearing -- Nannini Admin Bldg, Suite 102 May 18, :30 p.m. Elko Nannini Admin Bldg, Suite 102 June 1 & 2, :30 p.m. Elko Nannini Admin Bldg, Suite 102 PAGE 17

18 June 15, :30 p.m. Elko Nannini Admin Bldg, Suite 102 All Times Pacific Time MOTION: Commissioner Myers moved to approve the Commission Meeting Calendar. Commissioner Russell seconded the motion. The motion passed unanimously. 4:49:23 PM XV. CONSENT AGENDA: A. Presentation and review of claims for approval. B. Approval of minutes: March 30, 2011 and April 11, 2011 MOTION: Commissioner Russell moved to approve the Consent Agenda. Commissioner Myers seconded the motion. The motion passed unanimously. 4:49:56 PM XVI. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Guttry wondered if they could beseech during an open meeting. Kristin McQueary replied yes. Commissioner Myers stated it was difficult to attend all the liaison meetings and recommended they look for some non-elected officials to attend some of these meetings. Commissioner Dahl suggested it be on an agenda. Commissioner Russell stated the most important principle for the Commissioners to learn was to say no. Kristin McQueary stated she would go to the Nevada Association of District Attorney s Civil Deputies Conference next week. She commented Jennifer Spencer and Mark Torvinen would be her back up next week. 4:53:48 PM XVII. ADJOURNMENT: MOTION: Commissioner Myers moved to adjourn the meeting. Commissioner Russell seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned at 4:53 p.m. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk PAGE 18 DEMAR DAHL, Chair