May 3, 2006 - Elko County, Nevada



STATE OF NEVADA, )

COUNTY OF ELKO. ) ss. MAY 3, 2006

The Board of Elko County Commissioners met on May 3, 2006, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Warren Russell, Chair

John Ellison

Mike Nannini

Charlie Myers

Sheri-Eklund-Brown

County Manager Robert Stokes

CFO/Asst. Co. Mgr. Cash Minor

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Sheriff’s Department: Neil Harris

Road Supervisor Otis Tipton

Juvenile Department Pat Plaster

Michael Pedersen

District Attorney Gary Woodbury

Library Ast. Dir. Laura Oki

Cooperative Ext. Jay Paxson

Planning & Zoning Dir. Randy Brown

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The proceedings were as follows:

CALL TO ORDER:

Chairman Russell called the meeting to order at 1:35 p.m.

PLEDGE OF ALLEGIANCE:

Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance.

COMMENTS BY THE GENERAL PUBLIC:

Commissioner Russell noted they had guests in the audience. Mitchell Schroeder, Les Peterson, Kade Anderson, Darryl Carpenter and Cody Dalton were Elko High School students attending the meeting for an English assignment.

JARBIDGE SOUTH CANYON LEGAL CASE:

Gary Woodbury reported that the environmental groups had filed a protective notice of appeal. He stated the appeal was from the Order Denying their Motion for Reconsideration. Gary Woodbury stated they wanted the Court to look at whether they had been properly prevented from intervening. He stated when they filed that Protective Notice of Appeal they asked Elko County for a Stipulation to delay the briefing pending the outcome of the main part of the case. Gary Woodbury stated they had not reached that Agreement when the Ninth Circuit Court of Appeals notified them that the case had been selected for mediation. He stated on June 1, 2006 they would have a telephone conversation with one of the Ninth Circuit mediators. Gary Woodbury stated they would hold a preliminary discussion regarding settlement. He commented that just before they left Reno, Mike Freeman, the attorney for the environmental groups, suggested that the case may be settleable. He noted Mr. Freeman sent them a follow up letter suggesting that they may want to go back and accept the Easement under FLPMA. Gary Woodbury had written a response letter stating Elko County wanted an RS 2477 Easement and if his clients could live with that RS 2477 then his clients might have a maintenance program in mind that Elko County may consider. Gary Woodbury stated they had not received a response from Mr. Freeman. He commented that an Appeal from a Motion of Reconsideration was limited to a few issues, whether the Court made an error of law in denying the environmentalists’ intervention or whether there had been a change in the law. Gary Woodbury stated neither had occurred so he felt the Appeal would be short. He stated if the environmentalists develop a maintenance proposal that the County may accept for settlement then he would bring it before the Commission and Otis. Commissioner Eklund-Brown felt that Gary Woodbury proved the case well if they wanted to discuss this with him. Gary Woodbury stated they could not predict anything. Commissioner Eklund-Brown felt the environmentalists’ Maintenance Agreement might be similar to the Settlement Agreement.

INTERIM LEGISLATIVE REPORT:

Commissioner Russell stated Joe Guild was attending Bill Van Norman’s funeral but he would try to attend their meeting later this afternoon.

ELKO COUNTY WATER RESOURCE ISSUES:

Commissioner Eklund-Brown reviewed issues brought up at the April 26, 2006 S.C.R. 26 Water Resources Committee Meeting held here in Elko. She stated that at the Monday meeting of the Central Nevada Regional Water Authority they learned about the Churchill County’s water planning for local government. She commented Churchill County showed beneficial use through irrigation until those water rights were needed. She had conveyed this to Elaine Barkdull of ECEDA. Commissioner Eklund-Brown stated the County might be able to use some of those railport water rights and put them to beneficial use.

Commissioner Eklund-Brown stated they had discussed the BLM filing for water rights and this group may follow Humboldt River Basin Water Authority’s opposition to the State Engineer’s decision. She stated it would take legislative action to change the law the way it was written for wildlife use.

Commissioner Russell stated part of the proposal under Senate Bill 62 was to develop a web site and information base that could be used throughout the State. He reviewed the sample of Lake Tahoe Integrated Information System website. Commissioner Russell stated the Central Nevada Regional Water Authority hoped to pattern their website similar to Lake Tahoe’s.

Commissioner Russell stated that at the Legislative Committee on Water Resources he represented Elko County. He reviewed his proposal to ask the State Engineer through this committee, perhaps through legislation, to consider giving temporary permits when there were interbasin transfers. Commissioner Russell commented that the mining had temporary permits issued until the use of the mine was over. He was looking at a similar impact with a temporary permit which would last only three to five years. At that expiration time, a public hearing could be held for renewal of the permit and there could be research upon the impact of drawing the aquifers down. Commissioner Russell stated currently the State Engineer had not curtailed water once the water was permitted. He stated this would give the State Engineer an opportunity to control it. He cautioned that once water was being piped out of the County and if there were impacts to the environment, economics, culture, and watersheds, there would be no restraint once the permanent permit was issued. Commissioner Russell stated their proposed action was to give the State Engineer the ability to issue a temporary permit and then come back after three or four years before issuing that permanent permit to review it objectively.

Commissioner Eklund-Brown noted that Commissioner Russell had also recommended they review and revise the State Water Plan which was well received. It was also recommended to fund the State Engineer’s Office to the point wherein they could actually provide more information and do more research.

Commissioner Eklund-Brown stated the BLM-RAC meeting held on Friday had looked at cooperative agency status on the Southern Nevada Water Authority pipeline. She commented Eureka County was denied agency status previously. She had been advised that Elko County should reapply. Commissioner Eklund-Brown stated their research had found eleven hydrographic basins were common between Elko and White Pine counties. She stated Eureka County had two common basins and Nye County had one basin in common with White Pine County. Commissioner Eklund-Brown stated the BLM felt the common basins and the water flow system would qualify Elko County for an individual cooperating agency status on the proposed pipeline. Commissioner Eklund-Brown suggested that action be placed on their next agenda for Elko County. She believed their water consultant should sit on that Board to advise them if they get a seat at the table. Commissioner Russell cautioned the Board that should they be granted cooperative agency status then it would require funding. He stated if they use a water consultant then it would cost some money so they would have to make budgetary adjustments. Commissioner Eklund-Brown stated the Board would have to discuss whether they wanted to buy in as one of the CNRWA counties to become a cooperative agency status or did Elko County want to file independently and put that amount of time and expense into it. Commissioner Eklund-Brown commented that these were technical teams so she suggested the Elko County water consultant attend those scoping meetings.

NORTHEASTERN NEVADA REGIONAL RAILPORT:

Commissioner Ellison departed the meeting room at 1:56 p.m. due to a conflict of interest.

Elaine Barkdull commented that she had listened to Commissioner Myers’ radio program upon the closing date of the property. She commented they had coordinated the date with some of the State Officials and the Union Pacific Railroad for the groundbreaking ceremony. The groundbreaking ceremony was scheduled for June 23, 2006. She stated they would be sending invitations out in the next few days. Commissioner Russell stated he had an Albuquerque meeting scheduled previously and asked if they could look at another date. Elaine Barkdull stated if another date was requested it would probably have to be held sometime in August. She stated the committee consisting of Paul MacDonald, Union Pacific Railroad Regional Manager, Steve McLaws, and the Lieutenant Governor’s Office would have to be contacted and the key person in the scheduling was Steve McLaws with the Union Pacific Railroad. Elaine Barkdull suggested that they contact Steve first to try to reschedule. Elaine Barkdull noted that as soon as the ceremony received media coverage it would act as an announcement. Commissioner Russell gave administrative direction that Commissioners Eklund-Brown and Myers see that the purchasing subcommittee made the transition into a planning and operations subcommittee. Commissioner Russell asked Commissioner Myers to chair that committee. He felt that Robert Stokes and Cash Minor should be staff members and Elaine Barkdull as the formal member should also be placed on that subcommittee. Commissioner Russell stated other members could be appointed to that subcommittee at a later date. Elaine Barkdull felt other parties should be involved such as Union Pacific, Randy Brown and NDOT. Elaine Barkdull suggested that they hold the groundbreaking ceremony on a Friday or Saturday because companies may want to be at the celebration. Elaine Barkdull would speak with Steve McLaws about rescheduling that date. She asked if Commissioner Myers would make that decision in coordination with staff. Robert Stokes asked her to submit the dates to him and he would coordinate between the Commissioners and staff.

Elaine Barkdull stated they had just received a copy of the first draft of the Business Plan Phase 1 and 2 written by Railroad Industries. She would like to submit the report on May 17th to the Commission. Commissioner Myers noted that there would be financial closing on Friday and property closing on next Friday.

LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES:

Laura Oki reported the Library Board of Trustees met on April 18th and their main concern was the budget. They appreciated the County Commission approving the bookkeeper’s position. Laura Oki stated the Library must maintain a five year master plan and they were in the process of drafting that plan. She reported that “Just Desserts” fund raising event brought in over $9,000 for books.

ELKO COUNTY JUVENILE PROBATION DEPARTMENT: NON-ACTIO

Mike Pedersen commented that the written Juvenile Detention and the Juvenile Probation Monthly Reports were previously submitted. He reported that the visitation exchange trailer was completed other than waiting for the ramp and the stairs to be build. He noted ten to fifteen individuals had donated time, materials or labor to complete that project. Mike Pedersen explained that when parents go through a divorce they have to meet to exchange children for visitations. He stated the Juvenile Department was providing a program where one parent would drop the child off and leave, then the second person would come to pick up the child. Commissioner Russell inquired about the extended time between pickups. Mike Pedersen stated the drop offs and pickups were prearranged through his office to make sure appropriate staff was present. Commissioner Eklund-Brown inquired about the cost for the security metal detector. Mike Pedersen stated they priced them at $2,700 and so far they had secured about $2,000. He stated Wal-Mart had heavily contributed to this program. Commissioner Myers inquired if Wal-Mart received recognition for those contributions.

Commissioner Ellison returned to the meeting room at 2:13 p.m.

Commissioner Eklund-Brown inquired about the methamphetamine problems he saw coming through the Juvenile Detention Center. Mike Pedersen referred to the written report and the offenses itemized on the second page. Mike Pedersen stated of the sixteen kids currently going through the Drug Court Program he believed that thirteen were involved with methamphetamines. He stated the Treatment and Education Substance Abuse (TESA) Program ran by Ronnie Dixon currently had four to six children and the high majority of them had used meth. Commissioner Eklund-Brown inquired about their success rate. Mike Pedersen stated 86 juveniles had gone through their program and they were tracking the success rate to see if there were relapses. Commissioner Eklund-Brown inquired about the Teen Drug Court and Mike Pedersen stated that court had been in operation since August 2004. Commissioner Russell noted that across the Nation there had been an increasing problem with meth and he asked that Mike look at their statistics to see if Elko County was similar to the National trend. Mike Pedersen noted that the information given to them by John Ellison on the Montana Methamphetamine Program was a very good advertisement tool. He had involved the PACE Coalition after viewing that disc. Mike Pedersen noted PACE had a lot of the numbers and could show the trend in the substance abuse.

Commissioner Eklund-Brown reminded him the China Spring meeting would be held on Wednesday.

FY 2007-08 IV-D Welfare and Child Support Grant:

The Board considered approval of the FY07 and FY08 Budget for the IV-D Welfare and Child Support Grant.

Pat Plaster stated the IV-D budget request was before them. She stated they had to reapply to get these funds. Pat Plaster stated they had recouped $69,000 dollars so far and it would be approximately $90,000 by the end of the fiscal year. She stated this grant paid for any Family Court matters pertaining to welfare and child support. Pat Plaster stated the State paid 70% of the Court Master’s time on those types of matters and 66% of the Court Clerk’s salary, and 66% of the secretarial salary was recouped. She stated Shirley put in a request for new court equipment, phone system, a printer for that office and supplies. Commissioner Eklund-Brown inquired if Cash Minor had reviewed the application. Cash Minor recommended approval of the Grant.

MOTION: Commissioner Eklund-Brown moved to approve the FY 2007-2008 budget for the IV-D Welfare and Child Support Grant. Commissioner Myers seconded the motion. The motion was passed unanimously.

Pat Plaster reported that they had received three new computers for Family Court. She stated that they would put together a methamphetamine report.

UNR AGRICULTURAL EXTENSION SERVICE:

Jay Paxson submitted a written report on issues and activities of the UNR Agricultural Extension Service. He noted there were no West Nile Virus cases reported in Nevada but there were some reported in California. Jay Paxson reported that the State Extension Veterinarian, Dr. David Thain had spoken with Dr. Bradford Lee, the Nevada State Health Office, about the possibility of giving the Commission a presentation on West Nile Virus and Avian/Pandemic Influenza. Commissioner Russell suggested that they hold a public meeting and the County could be one of the sponsoring agencies for that meeting. Jay Paxson stated he would be receiving a weekly update from Dr. David Thain on Avian/Pandemic Influenza and he could forward that e-mail information to them.

Jay Paxson stated Scott Monsen of the Washoe County Health Department would perform the mosquito monitoring. He would let them know when they performed that monitoring.

Commissioner Myers inquired about mosquito treatments and commented the water was running very fast now. Jay Paxson did not think that larvacide treatment would be done this year.

Lori Gilbert, of KELK, asked when the best time was for them to bait for crickets. Jay Paxson replied just when they start moving because they would be very small. Lori Gilbert inquired if the County would be participating. Cash Minor stated those calls should be referred to the Department of Agriculture in Winnemucca because they would provide that bait. Jay Paxson stated that he had information through the Department of Agriculture on who to contact. Lori Gilbert noted at Western Hills this weekend the Mormon Crickets were hatching out of the ground. Commissioner Ellison noted that area was sprayed last year.

Commissioner Nannini asked that Commissioner Ellison contact them when he had information on the spraying schedule from the State.

SAFETY COMMITTEE REPORT:

Robert Stokes stated there was nothing to report.

NATIONAL ASSOCIATION OF COUNTIES (NACO):

2006 PILT 30th Anniversary Fly-In – Washington, DC

Commissioner Ellison discussed the recent NACO Payment in Lieu of Taxes (PILT) meeting with Congress in Washington, DC. He and Cash Minor had met with several Congressional representatives from various states. Commissioner Ellison stated they were six signatures short from a walk through on the Senate side. Commissioner Ellison felt that it looked positive that they would maintain the current budget. Commissioner Ellison had testified regarding the CDBG grants.

Commissioner Eklund-Brown inquired if the Western Counties Alliance had worked with them. Commissioner Ellison noted one of their representatives went with them. He reported there was some conflict between NACO and the Utah Western Alliance but they had lobbied very hard.

Commissioner Eklund-Brown hoped they could coordinate on the RS 2477 legislation. Commissioner Ellison stated some of the western Senators wished to resubmit the bill. Commissioner Eklund-Brown noted that bill was more BLM specific so she had given them their prospective. She felt they would consider the Forest Service in the next bill. Commissioner Nannini asked if Gale Norton had changed that law before she left. Commissioner Eklund-Brown replied Gale Norton had changed just the policy but not the law.

U.S. AIR FORCE - MILITARY OPERATIONS AIR SPACE:

Commissioner Eklund-Brown had asked the BLM and the Forest Service to overlay the expansions on their maps regarding the preliminary proposals to designate additional military operations air space in Elko County for military flights from Hill Air Force Base and Mountain Home Air Force Base. Commissioner Eklund-Brown noted the BLM had prepared the map with the overlay of the expansion. She was completely opposed to both of these expansions based on information received from Joe Aguirre with regards to the impact on the taxes, the impact on the private pilots, and the environmental impacts. Commissioner Eklund-Brown noted there was no financial benefit to Elko County. She believed 50% of Nevada in restricted airspace was sufficient. Commissioner Eklund-Brown believed that if the Air Force wanted more airspace they needed to go in the States they were located in and make their requests. She felt Nevada was being taken advantage of because of the remoteness. She believed they should fight this. Commissioner Myers commented the BLM had submitted a great map. He noted they talked about altitudes but he asked them to look at the layers of the MOAs. Commissioner Myers agreed there would be an impact on taxes because there would be no commercial travel so he did not support the MOAs. Commissioner Ellison stated he had flown through this area several times but it was very difficult to get clearance. He stated if they increase the MOAs it would be more difficult for the commercial and private pilots.

Commissioner Nannini stated they addressed this issue several years ago and there was testimony in Owyhee from several businesses and individuals. He noted the Fish and Wildlife had testified on the death toll of wildlife, on newborns, etc. Commissioner Nannini stated the Air Force did not do what they said they would do. He stated the young pilots get overzealous and fly under the ceiling, go off the radar and then they deny that it ever happened. Commissioner Nannini stated people had testified they lost windows out of their homes and the ranchers had a 50% calf crop. He felt they need another hearing to review this.

Robert Stokes stated they had previously sent a letter to the Hill Air Force Base. Commissioner Eklund-Brown noted Hill Air Force Base had revised their plan and suggested they send another letter to Hill Air Force Base. Robert Stokes noted they had never received a response from their previous letter. He commented they were in good company because the Nevada State Governor had not received a response from his correspondence either. Robert Stokes felt a second letter to Hill Air Force Base and one to the Mountain Home Air Force Base would be appropriate. Commissioner Ellison asked that a copy of their letter go to Senator Ensign and Congressman Gibbons.

MOTION: Commissioner Myers moved that they strongly oppose any additional proposals designating any additional air space either from Mountain Home Air Force Base or Hill Air Force Base and direct staff to draft letters for the chairman’s signature and send them out like they did the last time when they opposed this project. Commissioner Eklund-Brown seconded the motion.

Commissioner Nannini commented that when they look at the flight patterns in Nevada they would see the additional extensions would encompass the whole area of Nevada. He suggested that they get a copy of the map showing all the flight paths to see the total extent of coverage in Nevada.

The motion was passed unanimously.

ELKO COUNTY PLANNING AND ZONING DIVISION:

Private Property / Public Lands Boundary Fencing Issues:

Dr. Calton Lewis discussed fencing issues related to the boundary between private property and public land grazing allotments. Dr. Lewis commented that he bought grazing rights from the Tomeras in 1987 on two BLM allotments. He reported that he purchased unwanted rangeland from the State Park. He stated that if developers could buy land at $25.00 per acre and sell it for $3,000 per acre he believed the developers should follow the NRS for Open Range and fence it.

Commissioner Russell left the meeting room and Commission Ellison assumed control of the meeting at 2:53 p.m.

Dr. Calton believed that if fencing was performed prior to the development then peace and tranquility would prevail. Dr. Calton Lewis stated Lucky Nugget II was developed by Tom Pratt and in speaking with Mr. Pratt he was informed that every person who purchased in Lucky Nugget II had a deed stating it was an Open Range State and they must fence their own property. Dr. Calton Lewis reviewed a phone call received from a landowner in Lucky Nugget II who threatened to kill his cattle but refused to fence his property.

Commissioner Russell returned to the meeting room and assumed control of the meeting at 2:57 p.m.

Dr. Lewis reported a governmental employee occupied a portion of another section who allows his horses to run on the River Allotment year around. He reviewed the map depicting the private property in the middle of his grazing allotments. Dr. Lewis reported upon the loss of 800 acres of grazing land due to the encroachment of development. Commissioner Eklund-Brown inquired in which allotment the horses were trespassing on. Dr. Lewis stated the River Allotment which was 6,000 acres. He had spoken to the BLM about this. Dr. Lewis stated the third section was developed by Bob Heil which prevented his cattle access to the other two sections. He stated the Ten Mile section was also being developed but the private property was not being appropriately fenced.

Dr. Calton Lewis submitted his written proposal and read it into the record. The proposal requested the County Commissioners pass an Ordinance requiring any developer past, present or future to abide by the NRS by fencing out the private property to be developed before any structures were built inside a recognized BLM grazing allotment. Commissioner Ellison stated he had contacted the State of Nevada to get copies of the NRS and riders regarding Open Range. He reported that he and Commissioner Eklund-Brown had been working with residents in Osino and Ryndon to install a cattle fence. Dr. Calton Lewis clarified that most people had good cattle fences in Lucky Nugget II but it was the people without fences that wanted to shoot the cows.

Dr. Calton Lewis had spoken to Assemblyman Carpenter who informed him that the Open Range Law was hanging by a thread. He stated the County would have to take action. Commissioner Ellison noted there were laws on the books. Dr. Calton Lewis stated those laws were not being enforced.

Commissioner Eklund-Brown noted there was checkerboard land throughout the State which created management problems for the private property owner, the ranchers and the BLM. Commissioner Eklund-Brown noted subdivisions and cattle did not mix well but the areas he was discussing were pre-subdivision law. Commissioner Eklund-Brown would like to see a fencing requirement on the book for the County. She noted that if damage was done to private property owner’s property, that did not have a legal fence, then that property owner did not have a civil recourse to go after the rancher. Commissioner Eklund-Brown stated the County could not go retroactive on the older subdivision and pass a fencing Ordinance. She noted this Commission did support ranching and this was another interface area between cattle and subdivisions. Dr. Calton Lewis reviewed a conversation he had with Commissioner Eklund-Brown wherein she felt that Hamilton Stage Road was public. Commissioner Eklund-Brown noted they had spoken about moving a cattleguard from Lucky Nugget II to BLM property adjacent to his property. Dr. Calton Lewis stated he was told that he was required to put in 25 foot wide cattleguard on a road that the County did not take care of. Commissioner Russell requested clarification from Planning and Zoning on what was required of these subdivisions in this case.

Randy Brown stated there was no Ordinance stating the County required fencing on new subdivisions. However, that was a requirement they had been making for several years. Randy Brown explained that there were several methods of subdivision. He stated there was a division of lands which allowed for 40 acre parcels. Randy Brown commented that Dr. Calton Lewis’ parcel was only forty acres and he operated a cattle ranch off of it. He stated that if they require fencing on large parcels then there would be miles of fencing. Commissioner Russell suggested an alternative that stated if there was a new structure built then they would be required to fence off at least one acre out instead of fencing the larger parcel. Randy Brown stated that could be attached to a building permit but it would be an unfunded mandate. He noted the Open Range Law itself did not require mandatory fence out. Randy Brown commented that they now have rights of way that were fenced which created a corridor for the cattle. He stated the corridor was grazed and created a health and safety issue with the traffic. Commissioner Russell asked that Commissioners Eklund-Brown and Ellison form a subcommittee to come up with solutions in dealing with this issue. Commissioner Eklund-Brown stated she and Commissioner Ellison had dealt with similar issues in Ryndon and Osino. Randy Brown stated they did the County roadway permits for every road right of way and the minimum road width was 26 feet. Dr. Calton Lewis questioned how they could require a 26 foot cattleguard when the County did not maintain the road. Randy Brown stated until they change the policy, the minimum roadway width was 26 feet and the County already maintained 1100 miles. Randy Brown stated he would present it to the Planning Commission and ask for suggestions to come back to this Board.

Commissioner Eklund-Brown stated she would be meeting with the BLM tonight and would ask them about the horse trespass issue before them. She stated that the Commission may reduce their road standards which would allow smaller cattleguards on the less traveled roads. However, in the event that they developed a larger traffic count then the developer would have to put in a larger cattleguard. Dr. Calton Lewis noted the BLM had offered to take the used cattleguard and move it. He asked to be notified when the Planning Commission would meet. Randy Brown replied the next Planning Commission meeting would be held on May 18th at 5:00 p.m., in Room 105 of the Courthouse.

Dr. Calton Lewis inquired if they could draft an Ordinance. Commissioner Russell stated the Commission did have legislative abilities but there were NRS statutes that govern their approach to Ordinances. He stated they have to hold public hearings and draft documentation. Dr Calton Lewis noted that Western Hills was a subdivision and the County did not take care of subdivision roads. He believed that if the County did not take care of the road then they could not designate what size of cattleguard he puts in.

Commissioner Ellison stated the subdivision was encroaching upon the rancher. Randy Brown stated the new subdivisions now were required to be fenced with fence standards set by the State and it was addressed through the Planning Commission. Randy Brown stated the division of land in large parcels really created the problem because they were dealing with a large amount of acreage. Randy Brown cautioned them it was private property.

Commissioner Nannini noted Mr. Gourley fenced Adobe Heights when that was developed. He stated in the past it took the Commission three years to go through this issue. Randy Brown suggested the Board attach that requirement to the building permits. Commissioner Eklund-Brown commented that Realtors disclose that Nevada was an Open Range State when selling property outside of the City limits. Commissioner Nannini commented they had problems of fencing out even on State ground. Randy Brown agreed and stated it was also a problem in the County rights of way.

Kristin McQueary felt the most cost effective way was run an educational campaign through Building and Zoning and ask the various cities to notify their fringe areas that they live in a fence-out-state. Kristin McQueary stated that if they make it a requirement on the building permits for already divided property then they would have to perform a Business Impact Statement because of the cost of fencing materials. Kristin McQueary felt an educational program would not be as costly and would not require a Business Impact Statement.

Robert Stokes clarified that Commissioner Eklund-Brown had been working on a smaller sized cattleguard in the area. He stated the Commission had expressed an interest in a minor road designation to look at a narrower road width with more relaxed standards.

Mike Martindale stated he was a co-owner on an allotment with his Father-in-Law, Don Farmer which was adjacent to Dr. Calton Lewis. He stated there was a proposed subdivision coming into his area. He wanted to be proactive on upcoming issues. He stated Judge Crane would be developing next to them. Commissioner Eklund-Brown clarified that would be Prime Development. Commissioner Russell suggested he speak with Randy Brown on future development. Mike Martindale stated research clarified that Hamilton Stage Road was a County road.

Midas, Nevada 3rd Street Vacation Request - Kenneth Klamm:

The Board considered a street vacation request by Kenneth Klamm to vacate a portion of 3rd Street in Midas, Nevada between Main Street and West Street, further described as follows: Town of Midas (Gold Circle) as filed (Official Map of Gold Circle( in the office of the Elko County Recorder. A portion of the Right of Way commencing Between Lot 24 (Parcel 8) of Block O and Lot 13 (Parcel 10) of Block J of Gold Circle (Midas) as shown on the Official Plat of Gold Circle, Nevada. Said strip of land contains an area of approximately 6000 square feet. The owner of said property was Elko County.

Randy Brown stated this was taken to the Planning Commission on March 16, 2006. He reported the Planning Commission recommended abandonment on the west side of this street. Randy Brown stated this street went straight up the hill and there had been no opposition to the request. He stated there was secondary access to the area via West Street and Strike Street. He stated staff recommended approval of the abandonment of this road right of way.

Commissioner Ellison inquired who would be doing the surveying. Randy Brown stated that was a requirement of the applicant. He clarified the applicant would be entitled to a strip of land 30’ wide x 100’ long for the length of Lot 13, Block J and the same for Lot 24 of Block O. He stated the applicants were required to obtain a legal description from a land surveyor licensed in the State of Nevada, at their expense.

Commissioner Nannini inquired about the use of this strip. Randy Brown replied it would be used as a yard.

Kristin McQueary requested a time limit be set on the receipt of the map and legal description such as six months.

Commissioner Eklund-Brown commented that they had several come forward and others had been rejected because of the effect to adjacent property owners. She inquired what made this request different. Randy Brown stated this house sat back off of Main Street and the street went straight up the hill next to them and cannot be developed. Randy Brown noted the other requests that came before them were in the flat area.

MOTION: Commissioner Myers moved to approve the request by Kenneth Klamm to vacate a portion of 3rd Street in Midas, Nevada, between Main Street and West Street, further described as follows: Town of Midas (Gold Circle) as filed (Official Map of Gold Circle( in the office of the Elko County Recorder; a portion of the Right of Way commencing Between Lot 24 (Parcel 8) of Block O and Lot 13 (Parcel 10) of Block J of Gold Circle (Midas) as shown on the Official Plat of Gold Circle, Nevada.

Randy Brown suggested a deadline of one year to perform the survey and map.

Chairman Russell asked for public comment. Kenneth Klamm previewed pictures of the area showing the steep grade up the hill. There was no public objection to the street vacation.

Commissioner Myers amended his motion to include the deadline of one year to file the survey and map. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Chairman Russell called a recess at 3:34 p.m., the meeting reconvened at 3:44 p.m.

CERTIFICATE OF ACHIEVEMENT:

The Board considered presenting a Certificate of Achievement to Elko High School student Scott Mills for his Nevada Forensics League State Championship.

MOTION: Commissioner Eklund-Brown moved to present a Certificate of Achievement to Elko High School student Scott Mills for his Nevada Forensics League State Championship. Commissioner Myers seconded the motion. The motion was passed unanimously.

Commissioner Russell stated he was one of the Judges at the Elko contest and presented the certificate to Scott Mills.

HUMBOLDT RIVER BASIN WATER AUTHORITY:

The Board considered a request from the Nevada Cattlemen’s Association that one of the Elko County representatives on the Humboldt River Basin Water Authority be appointed from their organization.

Commissioner Russell stated there were three County voting positions on that Board and Commissioner Ellison volunteered to become an alternate. He stated the Cattlemen’s Association had submitted three candidates: Craig Spratling, Preston Wright, and Mark Hooper.

Commissioner Eklund-Brown noted that Craig Spratling had performed a lot of research lately on Bishop Creek Dam and felt he was familiar with the water rights allocation in the area. Commissioner Russell felt they were all qualified.

MOTION: Commissioner Ellison moved to approve Craig Spratling of Deeth as a voting member to sit upon the Humboldt River Basin Water Authority. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Jerry Parker noted they were also authorized to have more than one alternate and suggested they appoint the remaining candidates as alternates.

MOTION: Commissioner Nannini moved that Preston Wright and Mark Hooper be selected as alternates to sit upon the Humboldt River Basin Water Authority. Commissioner Myers seconded the motion. The motion was passed unanimously.

INTERIM LEGISLATIVE REPORT:

Joseph Guild, Lobbyist for Elko County, asked if there were potential issues or legislation they wished to submit for the upcoming 2007 Session of the Nevada Legislature. He stated Andrew List was scheduled in the next few weeks to give them a report from NACO. Joe Guild had recently spoken to Assemblyman Carpenter and Senator Dean Rhoads. He stated Senator Rhoads was undertaking an effort in response to the Jon Marvel’s (Western Watershed Projects) Injunction filed against the IL lease wherein Ellison Ranching had been leasing some of the IL range. Jon Marvel filed an injunction to have the Ellison cattle taken off of the IL Lease. Joe Guild commented the State may become involved due to the impact on the economy of a significant industry within the State.

Joe Guild noted there were two tax propositions being presented through the initiative process. He stated one was similar to a property tax cap 13 proposal being proposed by Assemblywoman and Congressional candidate Sharon Angle. He stated Senator Bob Beers’ proposal was a spending control “Task Initiative”. Joe Guild stated AB 489 was being discussed. He stated NACO would propose a package to address some of the concerns of rural counties that were different than urban counties. Joe Guild stated they hoped to draft a reasonable, rational and appropriate technical correction bill to AB 489. He asked the County to review that and let him know how that bill would impact them. He stated the two tax and spending initiatives of Ms. Angle and Mr. Beers would not be good for rural counties. He felt that legislation should come from an elected body. He noted the Task Initiative was a constitutional change and could only be changed by another initiative.

Joe Guild noted another issue was the Property Owners’ Bill of Rights. He reviewed the United States Supreme Court’s Opinion last year upon the use of eminent domain by an entity to accomplish redevelopment. Joe Guild noted in the majority opinion Judge Stevens told local governments that they should try to fix this. He believed that opened the door for State Legislatures to fix this issue. Joe Guild stated there was an initiative being circulated called the Property Owners’ Bill of Rights. He voiced concern that if through the power of eminent domain the local government did not put the property to use for what they had condemned it for properly, within five years; it reverted back to the private property owner. Joe Guild asked them to review that initiative. He stated Senator Rhoads would try to offer some ideas through the legislative process rather than trying to solve it through an initiative.

Joe Guild stated that with regards to the franchise issue, the legislative committee would not propose any legislation during the next session. He stated Senator Townsend wished to do away with franchise fees. He asked them to let him know if they wanted him to get involved on that issue.

Joe Guild stated the Health Care subcommittee was studying services for the treatment and prevention of substance abuse so there would be some legislation proposed regarding methamphetamine concerns.

Joe Guild stated NACO was going to try to do an initiative related to unfunded mandates but they decided not to submit that.

Joe Guild stated the interim water study committee had been meeting and he had followed that closely. He believed there were not a lot of substitute things offered to change the Water Law. He felt the Nevada Water Law was sound. There was a suggestion to dip into the surplus that the State would have and add more funding to the Technical Assistance Fund to help protect the water rights. Joe Guild stated the Humboldt River Basin Water Authority had received a water grant to help inventory some of the water in the Humboldt River Basin.

Joe Guild stated if the Commission had any pro active legislation he asked them to submit that to him within the next month. He stated they would need to get sponsorship for that legislation. Robert Stokes asked them to submit it to him first and they would start working with Joe Guild. Robert Stokes suggested they look at the maintenance districts for subdivisions and some of those impacts. He asked the Commission to give him any suggestions so they could discuss legislative action with Joe Guild.

CERTIFICATE OF ACHIEVEMENT:

The Board considered presenting a Certificate of Achievement to the Spring Creek High School Girls’ Basketball Team for their first NIAA 3A State Championship.

MOTION: Commissioner Eklund-Brown moved to present a Certificate of Achievement to the Spring Creek High School Girls’ Basketball Team for their first NIAA 3A State Championship. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Commissioner Eklund-Brown made the presentation of the Certificates. She noted that their Coach had been with the team for four years and was retiring. She stated their new varsity Coach was Sarah Arendt who was present today.

INTERIM LEGISLATIVE REPORT (Continued):

Commissioner Eklund-Brown commented that the County was encouraging Senate Bill 62 to be funded above or at the same level because of all the issues throughout the State. She understood that there may be potential conflicts with water issues and they might have Michael Buschelman represent them in Carson City. She agreed that more funding should be given to the State Engineer’s Office to enable them to gather more information for their decisions. Commissioner Eklund-Brown stated they hoped for temporary permitting which would give the ability to the State Engineer to reduce the amount of appropriation if there were substantial impacts.

Commissioner Eklund-Brown noted OHV licensing was discussed at the public land boards. She felt the trail groups and the dealers supported that licensing and the Division of Wildlife would administer that program. Commissioner Eklund-Brown noted SB 40 allowed counties to designate rights of way for OHV use but it was very restrictive at the County capacity. She stated Kristin McQueary was reviewing the statutes. Joe Guild inquired what the problem was with implementation. Kristin McQueary stated the enabling legislation allowed private four wheeler dealers to perform the licensing scheme. However, the dealers had to pay for the forms and the hardware to process it but the dealers could not charge for their expenses. Robert Stokes believed the Governor had looked at it as a tax increase during the last session and withdrew his support of it.

Commissioner Ellison commented that there were several State petitions going around. He believed the sentiment of the groups throughout the State were not in favor of any ballot initiatives. Joe Guild reviewed the presentation being given to the public upon the initiative being proposed by Senator Beers. He noted this could go upon this general election ballot but it also had to be passed upon a subsequent general election ballot. Joe Guild commented if Senator Beers was defeated in the gubernatorial race there was a question of who would push that initiative toward the second ballot because he believed that election and Senator Beers’ initiative were tied together. He noted some larger businesses and the Teachers’ Union were against this initiative.

Joe Guild stated there would be State surplus estimated at ½ billion dollars. He felt it would be a good time to fund Senate Bill 62 and get more money for Technical Assistance.

Commissioner Eklund-Brown noted that Jerilyn Underwood had problems with grant administration on a specific program. Cash Minor stated they had converted the welfare grant to a community action group. Commissioner Eklund-Brown noted that had created more workload in the local offices coming down from the State.

Commissioner Eklund-Brown noted that Kristin McQueary had spoken about the privacy act and the cost to eliminate the Social Security Numbers from all of the public offices. Kristin McQueary commented that there were three bills passed requiring the Clerk’s and the Recorder’s to white out the Social Security Numbers which was an unfunded mandate. She stated several of the County Offices were taking their site off of the web because they could not check all documentation for those numbers. Kristin McQueary noted that Social Security came into effect in the late 1930’s so there was a tremendous amount of documentation that carried those numbers. Joe Guild stated NACO was working on that issue and would probably speak with them on that issue. He believed NACO would bring legislation forward because it was a unanimous request by all the counties.

Commissioner Russell felt Elko County would support any bill that was related to the funding of the Great Basin College whether it was for expansion, development of facilities, etc.

Commissioner Russell stated there was concern voiced at the Blue Ribbon Task Force meeting that the State may want to give State highways to the counties. Commissioner Ellison commented that the State was looking at advalorem and fuel increases to do the super highways. He stated one of the proposals discussed was a mandate that all counties be brought up to the 9 cents fuel tax or it would be legislatively implemented. He felt there would be a financial impact back to the County.

Commissioner Russell stated that there were several water issues which Elko County would ask him to be neutral toward the two entities that he represented. One issue was the existing water plan for the State of Nevada was begun in 1996 and was completed in 1999. Commissioner Russell commented that if in 2007 they begin updating the plan it may take three years for completion. He felt that 10 years was not an unreasonable time to do a major review of the State Water Plan. Commissioner Russell felt it was objective for all entities involved to have a major review.

Commissioner Russell believed that SB 62 funding should be used for planning purposes as well as for development of County Water Plans.

Commissioner Eklund-Brown noted there was an interest from students to move the Mackay School of Mines to the Great Basin College. She believed Elko County offered more opportunity for the students to participate in state-of-the-art mines and be actively engaged in the mining community. She noted enrollment had dropped in Reno and there were no mining sites available for the Reno students. If based here it might improve that enrollment. Joe Guild stated he also represented Newmont and he suggested a communication from the County to the mining communities to see if the companies would be interested in that move.

Commissioner Nannini commented that Commissioner John Ellison would be President of NACO next year and possibly the Chairman of the County Commission.

Chairman Russell called a recess at 4:42 p.m. and reconvened the meeting at 4:48 p.m.

CONSENT AGENDA:

Approval of Preceding Minutes:

March 1, 2006: 1. Board of County Commissioners

2. Jackpot Town Board

March 2, 2006: 1. Board of County Commissioners

2. Board of County Highway Commissioners

March 15, 2006: 1. Board of County Commissioners

2. Board of County Highway Commissioners

Presentation and review of claims for approval.

Review and approval of travel requests that may be pending.

MOTION: Commissioner Myers moved to approve the Consent Agenda.

Commissioner Eklund-Brown asked that Item A (approval of preceding minutes) be removed.

Commissioner Myers amended his motion to exclude Item A approval of the preceding minutes. Commissioner Eklund-Brown seconded the motion. Commissioner Ellison was absent during the vote. The motion was passed by majority vote.

Commissioner Russell explained that Commissioner Ellison was absent at this time due to an electrical problem at the airport.

COMMISSION AND COMMITTEE REPORTS:

Commissioner Myers:

Elko County Economic Diversification Authority (ECEDA) Board - There was a retreat scheduled for 8:00 a.m. to 2:00 p.m., on Saturday to set the direction of economic development for Elko County. He would attend and give them an overview.

City of Elko Liaison - He was out of town at the time of the meeting.

Regional Transportation Commission (RTC) – No report given.

Auditorium Authority Board (ECVA) – They were looking at changing the meeting from the 16th of May to the 18th of May for the final budget submission.

Wildlife Advisory Board – No report was given.

Wildlife Arbitration Board – No report was given.

Nevada Division of Wildlife Liaison – No report was given.

Commissioner Eklund-Brown:

City of Carlin – No report was given.

Recreation Board – No report was given.

Nevada State Land Use Planning Advisory Commission (SLUPAC) – No report was given.

Public Lands Use Advisory Commission (PLUAC) – She was out of town and Robert Stokes attended that meeting. Robert Stokes reported that they looked at the MOA issues and looked at the draft of the County Public Land Use Plan. Robert Stokes stated he, Commissioner Eklund-Brown and John Harmening would meet and go over that.

Northeastern Nevada Stewardship Group – No report was given.

Mining Sustainability – No report was given.

China Spring / Aurora Pines Advisory Committee - She stated a meeting was scheduled on the 10th of May. She noted the legislature increased the allocation to the County and staff was increased. Cash Minor noted that in the past the County budget closed on May 15th and then they were notified of what their China Spring allocation was about May 30th and it was usually increased. He suggested that any changes in the amount to be allocated from the County be submitted every year for the tentative budget which was in the middle of April. He noted that the County’s public hearing was held on May 15th and their budget was closed. Robert Stokes suggested she request their allocation amount be given to the County each year during the tentative budget process.

Central Nevada Regional Water Authority (CNRWA) - No additional report was given.

Water Planning (Alternate) No additional report was given.

BLM Liaison, BLM – RAC, California Trails Center Board – She reported there was a RAC meeting in Eureka last Friday. They discussed the BLM water right filings and there was a presentation on sage grouse projects. She reported the BLM had been developing rangeland monitoring partnerships wherein the permittees would be doing some of the monitoring. She stated the BLM were having monitoring schools and providing education because they did not have the staff to do the proper monitoring. She reported that Penny Woods was the new groundwater manager for the BLM groundwater projects. She commented that on the 15th of June there would be a meeting in Ely with Penny Woods and Hugh Ricci to discuss his opinion on the BLM filings for different purposes and explain his comments on the EIS. Commissioner Eklund-Brown stated it looked like the project would be going forward with the scoping. She suggested someone from the HRBWA attend that meeting. She stated the California Trails Center was going to bid thanks to Senator Reid.

ECCWMA - Noxious Weed Liaison – There was a weed meeting held last night. She asked Cash Minor if they run that program through the County would it affect the County insurance. Cash Minor asked her to discuss that with him later.

USFS Liaison – Mt. City Ranger District Grazing EIS – She was attempting to get information from the UNR on the EIS. She received an e-mail from Tom Harris that they would be putting together an Economic Impact Statement for Elko County’s grazing and its impact to the economics.

Commissioner Ellison:

Commissioner Ellison was absent at this time. Therefore, no reports were given for the following committees:

Nevada Association of Counties (NACO) Board

Governor’s Transportation Blue Ribbon Task Force

Debt Management Committee

Nevadaworks

Senior Citizens

Humboldt River Basin Water Authority

BLM Liaison

Nevada Fire Safe Council

Nevada Division of Forestry Liaison

Water Planning (Alternate)

Commissioner Nannini:

City of Wells – He encouraged them to attend the BTI grand opening to be held on the 19th of May from 1:00 p.m. to 4:00 p.m. He commented it was a great asset to Wells.

Heart Project - Wells Tire Recycling Plant – He stated they had the money in place to start on the building in the industrial park. He reported that Scott Egbert was the contractor who was awarded that bid.

City of West Wendover – No report was given.

Hospital Board – He stated they would meet tonight and it was one of the two public hearings to be held this year.

Fair Board – He stated tomorrow they would discuss the 4-H restrooms. He reported the old restrooms were torn down.

Juvenile Committee – No report was given.

Central Dispatch Administrative Authority – He reported that Robert Stokes had taken over his position as Chairman and was representing the County.

USFS Liaison – He stated they met with one of the Forest Service personnel on the trails development.

Commissioner Nannini stated they had been diligently working with the clinic, the hospital, and the college to resolve some issues.

Commissioner Russell:

Museum Board – No report was given.

Local Emergency Planning Committee (LEPC) – No report was given.

Central Nevada Regional Water Authority (CNRWA) – No report was given.

Humboldt River Basin Water Authority – No report was given.

Library Board of Trustees Liaison – No report was given.

Nevada Association of Counties (NACO) Board – He had testified before the State Legislative committee on water resources and also testified for Elko County on medical and emergency treatment. He believed they may get some one-time funding for ambulances with a 75/25 match.

Nevada Department of Transportation (NDOT) Liaison – No report was given.

Northern Nevada Regional Transit Coalition – No report was given.

Water Planning – No report was given.

Nevadaworks – No report was given.

Spring Creek Association – He stated the SCA was evaluating and developing a new strategy for the use at the Horse Palace.

Commissioner Eklund-Brown inquired about the PUC meetings. Robert Stokes stated Pam Borda was in Carson City today and she may be attempting to get a standing for the Spring Creek Association.

Regional Transportation Commission (RTC) – No report was given.

COMMISSION MEETING CALENDAR:

May 15, 2006 – 4:00 p.m. – Final Budget Adoption -- Elko – Courthouse

May 17, 2006 – 9:00 a.m. – Elko – Courthouse

June 7 & 8, 2006 – 1:30 p.m. – Elko – Courthouse

June 21, 2006 – 9:00 a.m. – Elko – Courthouse

July 6, 2006 -- 10:00 a.m. – Elko – Courthouse – No Meeting July 5, 2006

MOTION: Commissioner Myers moved to approve the Commission meeting calendar. Commissioner Nannini seconded the motion. The motion was passed by majority vote. Commissioner Ellison was absent during the vote.

CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:

There was no discussion held on the correspondence and notices received by the Commission.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:

Robert Stokes stated they had a complaint with regards to addresses and an individual had problems with the Postal Service at one address location. He stated one department in the County had received the individual’s address and it was not forwarded to the other offices. Robert Stokes stated they would look at sharing that information among the departments.

Commissioner Eklund-Brown stated there would be a meeting held tonight at 7:00 p.m. in Osino. She stated they would try to explain the road easement and would be taking their questions.

ADJOURNMENT:

MOTION: Commissioner Myers moved to adjourn the meeting. Commissioner Nannini seconded the motion. The motion was passed unanimously.

There being no further business to come before the Board, the meeting was adjourned.

APPROVED,

WARREN RUSSELL, Chairman

ATTEST:

MARILYN TIPTON, Deputy Clerk

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