Commissioners.010709
Elko County Board of Commissioners
Commissioners
Delmo Andreozzi
Demar Dahl
Cliff Eklund
Glen Guttry
Rex Steninger
Elko County Manager Robert K. Stokes
STATE OF NEVADA )
COUNTY OF ELKO ) ss. November 4, 2015
The Board of Elko County Commissioners met in regular session on Wednesday, November 4, 2015, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada.
There were present: County Commissioners Demar Dahl
Delmo Andreozzi
Glen Guttry
Cliff Eklund
Rex Steninger
County Manager Robert Stokes
CFO/Asst. County Mgr. Cash Minor
NRMAC/Asst. Mgr. Randy Brown
Deputy District Attorney Kristin McQueary
Deputy Clerk Marilyn Tipton
Sheriff James Pitts
Asst. Library Director Kassie Kincaid-Antonucci
Public Works Adm. Asst. Kimberly Hess
Chairman Dahl called the meeting to order at 1:30 p.m. He thanked those who sent him the well wishes.
Randy Brown led the meeting participants in the Pledge of Allegiance.
1:32:58 PM:
I.
COMMENTS BY THE GENERAL PUBLIC:
Lori Gilbert inquired if they would have a comment period upon item IV and received an affirmative response.
Commissioner Eklund noted a heavy snowstorm came through Carlin which took out the substation and they had a City power loss for 14 hours. He stated thirty homes and multiple cars were damaged. He stated the streets were blocked because of the fallen limbs from trees. Commissioner Eklund reported this morning the power was restored to most of Carlin but there were still some homes without power and the power cannot be restored to some of those homes due to structural damage. Commissioner Eklund stated Wells Rural Electric had five crews working in the area, some of the employees had worked over 40 hours without sleep, and he commended Wells Rural Electric on their attention to this incident. He stated they had over 100 volunteers from Elko that were going door to door checking on the residents. Commissioner Eklund reported there were over 100 meals delivered to the homebound seniors, Wells Rural Electric Crews and the volunteers. He stated they have no estimate for the damage that has occurred. He noted Robert Stokes had viewed the damages. Commissioner Eklund estimated there was $500,000 to $600,000 in damages done to personal and public property. He stated the City spoke to Annette Kerr for help with emergency services and explained Carlin was short of help in their Public Works for this type of event. Commissioner Eklund stated Randy Brown sent some County Public Works people to Carlin to help as equipment operators and truck drivers to aid with the cleanup.
Robert Stokes stated the concern was with folks not having power when the weather temperature dropped and they originally heard the power may be out for three or four days. He reported the Carlin Senior Center was set up as a shelter. He stated there were still some houses without power. Robert Stokes thanked Annette Kerr for contacting the State to see if there was financial aid available and looking into their options. He publicly thanked the people in the Elko County Public Works Department who were helping with clean up and repairs.
Annette Kerr noted Undersheriff Clair Morris was their Emergency Manager. She stated on the 3rd of November David Jones called her and indicated he wanted her to activate the Emergency Operations Plan. Annette Kerr stated with Clair out of town she notified Robert Stokes. She stated at that time the entire city was without power and there was a possibility of them being without power for 3 to 4 days. She had contacted the State with regards to their assistance. Annette Kerr stated there was an assessment of the City of Carlin today with Jim Kerr and Dale Johnson and she displayed photos they took of some of the damage. She reported the State said they could provide some financial assistance and provide some resources. She noted they would not be eligible for federal funds because the minimum for damages was $4 million dollars. Annette Kerr stated the State was recognized as a mid-level state and they would have to have a minimum of 500 homes damaged. She stated the State funds available would come from the State Disaster Relief Account and the application or intent to apply would have to be filed within 30 days from the incident. Annette Kerr said to receive aid through the State Disaster Relief Account it would require the City of Carlin and the County to apply jointly. She noted they would have to file a Declaration of Disaster and if they were granted funding it would be a reimbursement type situation. Annette Kerr stated the State did have resources and could send out a State Damage Assessment Team which would not cost them anything. She noted some of the damages may not appear right away because everything was covered in snow. She commented the State team would only assess public owned property and she recommended the Carlin City Council and the County Commission request that State team to do the assessment. Annette Kerr noted the State assessment team would speak to the City Manager and work with their different agencies. She stated the housing may not look too bad but there were some mobile homes that had some severe damage. Annette Kerr stated there were four homes currently without power and those people were spending time with family and friends. She reported no one came to the shelter at the Carlin Senior Center. Annette Kerr stated the City may have to bring in tree trimming companies to trim and clean up the branches. She noted there was potential for more branches to fall so this would be a 4 to 6 month assessment. Annette Kerr stated the State looks at public infrastructure, public safety and health when considering applications. She noted they sustained no injuries, no death or casualties and no animal deaths. She stated it was mainly damage to house structures.
Commissioner Eklund commented when the power went off the City’s generator kept the water and sewer systems going and they ran the generators until 2:00 p.m. yesterday. He believed when the assessment was performed it would be beneficial and informative. Commissioner Eklund stated the Fire Department, Police Department, Public Works, and Administration had worked together very well. He voiced appreciation to the people traveling from Elko to help the community of Carlin.
Annette Kerr stated if they go for State assistance jointly it shows the City and County were working cooperatively. She suggested they not seek the State’s relief funds but request the assistance of the State’s Damage Assessment Team to come from Carson to give them more information. She reported there was one lane open in most of the streets and crews were working hard to get branches to a burn pile on the east side of town. She noted the citizens were pulling branches off of their roofs and off the tops of their cars. Annette Kerr stated they had implemented the incident command system and she requested that they document everything so they don’t get charged later for services they assumed were volunteered. Annette Kerr noted the Board could not take action under the public comment period.
Robert Stokes inquired of Kristin McQueary if staff could give direction.
Kristin McQueary stated there was no emergency agenda and suggested the County Manager address this and if anything further was needed it should be scheduled as a special meeting.
1:49:23 PM:
II. NATIONAL EDUCATION SUPPORT PROFESSIONAL DAY:
Discussion and consideration of approval of Proclamation 2015-J designating November 18, 2015 as NATIONAL EDUCATION SUPPORT PROFESSIONAL DAY.
Betsy Brian, President of the Elko County Support Staff, stated they have over 250 support staff members throughout the School District and on this day each one of those members would be honored. She reported the first Education Support Professionals Day was celebrated in 1987 after the National Education Association’s Representative of the Assembly called for the creation of a way to honor contributions of school support staff. She commented National Education Support Professionals Day was a time to strengthen support and show respect for all of these colleagues.
Annette Kerr, Elko County School District School Board, stated the school or students could not operate without support staff and asked that this Board recognize them in this Proclamation.
Commissioner Andreozzi read the Proclamation into the record.
MOTION: Commissioner Eklund moved to approve Proclamation 2015-J designating November 18, 2015 as NATIONAL EDUCATION SUPPORT PROFESSIONAL DAY. Commissioner Guttry seconded the motion. The motion passed unanimously.
1:52:56 PM:
III. ELKO COUNTY LIBRARY BOARD OF TRUSTEES:
Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. A copy of the minutes for the Library and Law Library were submitted previously.
Kassie Kincaid-Antonucci, Assistant Library Director, reported they held 25 youth programs in the month of October with 1,095 participants including the Halloween Carnival which had 281 visitors. She stated there were 19 volunteer hours. She reported there were 531 sessions on the Early Literacy Computers and 44 sessions on the After School Edge tables and those numbers were down due to battery issues. Kassie Kincaid-Antonucci stated there were 17,777 visitors to the library with a circulation of 14,324 materials and the meeting room was reserved 8 times with 704 participants. They had 1,515 internet sessions. She reported they had 4 adult programs with 30 participants last month. Kassie Kincaid-Antonucci reported the branch statistics for October were 3,780 total attendance; 6,958 for total circulation and 1,121 internet sessions. Kassie Kincaid-Antonucci stated they have the white table display up for the military personnel that will not come home as well as a Veteran’s display on the bulletin board. She reported their food for fines program would run from November 1 thru December 31st and they were partnering with the new Salvation Army Office this year. She stated this Saturday was their November Toddler Time at 10:30 a.m. and at 1:30 p.m. it will be their third Elko Family Reading Program. She stated their last family reading program will be next Saturday at 10:00 a.m. and all families were welcome. Kassie Kincaid-Antonucci stated on the 17th of November at 6:30 p.m. they will have a young adult author, C. E. Kaczmarek, conducting a book signing of “Between Two Worlds”. She stated they would be holding their 17th ginger bread house contest with submissions on November 30th and the public would vote on December 14-17th with the winner announced on the 18th of December. Kassie Kincaid-Antonucci stated they would be accepting applications for the sugar plum tree from their partners on November 23, 2015.
1:57:25 PM:
IV. ELKO COUNTY PUBLIC DEFENDER:
Discussion and consideration of the selection committee recommendation to appointment Ms. Kriston Hill as the new Elko County Public Defender including a report on the selection committee process utilized to make the recommendation to the Commission.
Amanda Osborne, Human Resources Director, gave an overview of the selection process upon Fred Lee’s resignation as of the 22nd May. She noted at that time Cash Minor, Robert Stokes and Fred Lee discussed what to do in the interim because Mr. Lee had one month for the transition process. Amanda Osborne stated in the interim the recommendation was to appoint Alina Kilpatrick as the Interim Public Defender and she has been in that position since June 10, 2015. She reported the position was posted at the end of June and they accepted applications through August 27th and the applications were sent to the selection committee. Amanda Osborne stated the selection committee consisted of Cash Minor, myself, Gary Woodbury and Sherburne MacFarlan. She stated the applications were reviewed and the top five candidates were selected and they agreed on four candidates that were contacted for interviews on September 3, 2015. She noted interviews were scheduled for the 21st of September. Amanda Osborne stated through that process one of the candidates withdrew his application, one candidate accepted the interview but later declined due to family reasons. Amanda Osborne stated the remaining two candidates were interviewed on September 21st and a top candidate was selected. She stated they spoke to that candidate about a recommendation and he checked into the medical services here in Elko and due to family issues did not feel it was in his best interest to come to Elko because he would have to be between here and Salt Lake City frequently. She stated she and Cash Minor determined that should they repost the position they probably would not receive too many candidates and if they did it would probably be what they already had, with different people. Amanda Osborne stated they decided to interview an additional candidate that took place on October 1st and that candidate did not interview well. She stated they did not feel that candidate would be a good fit for Elko County so subsequently they interviewed Kriston Hill on October 13th and she and Cash Minor decided they would recommend Kriston Hill for that appointment.
Commissioner Guttry inquired if the recommendation for the candidate was agreed to by the 4 members on the selection committee.
Amanda Osborne stated she and Cash Minor were the only two members of the selection committee that sat in on the interview with Kriston Hill. She stated they reviewed their recommendation with Gary Woodbury and Sherburne MacFarlan and they concurred.
Commissioner Andreozzi noted there was some discussion upon this. He stated what was missing from the agenda packet was documentation and he compared this process to the Planning Commission for zoning wherein they would see the applications. Commissioner Andreozzi felt the Commission should have seen the applications, the interview matrix, or some of the support documentation that would help them to either concur with their recommendation or have some other motion. He expressed concern the Board members did not have access to that backup material.
Amanda Osborn stated normally in that process those applications were not public information or we have not made them public information and as a result we have named Kriston Hill in this process. She stated if they were to sit and discuss the other candidates in the process they would have had to give them public notice and in this case we were not doing that.
Kristin McQueary stated that was correct. She stated if they had recommended three names they would have had to post it as an Open Meeting Law requirement. She stated that certainly was a point taken for the future. Kristin McQueary stated this was the first time, other than Robert Stokes’ appointment, that an appointment has gotten this public.
Commissioner Eklund understood this was a recommendation and an opportunity to interview the candidates.
Amanda Osborne stated they may ask Kriston Hill questions.
Commissioner Eklund agreed with Commissioner Andreozzi that it was difficult to make that decision because they cannot present questions to that candidate without backup information. He noted this was a public office they were talking about.
Amanda Osborne stated in the process of determining whether or not candidates were eligible they took the job description with approximately six preferred qualifications which includes having a juris doctorate, a minimum of at least three years of experience and all the candidates met those qualifications according to the job description. She stated they were not looking necessarily for an attorney but they emphasized through the process that they need someone to have management experience; someone who could mentor the attorneys and provide zealous advocacy for indigent clients. Amanda Osborne volunteered to make a chart and put some numbers together. She stated they could have a public request for information and make those applications public but they have not done that in the past so they followed their past practice and felt it was best at this point in time. She noted it was their direction through the administration.
Commissioner Eklund understood Commissioner Andreozzi say that the Board was to make the final decision but they have no support information and we have all these people that she said were qualified. He inquired what made this person stand out above the rest of the other candidates that were qualified; they do not have that information.
Commissioner Guttry stated he did not have a law degree so he would not know what questions to ask a candidate and was thankful they had a process that they had. He stated they had a couple of local prosecuting attorneys who had experience as well as the former District Attorney upon the selection committee. He stated those attorneys also have Public Defender knowledge as well. Commissioner Guttry had been on a lot of selection committees over the last 30 years and it was typical to interview 3-5 candidates so he was comfortable with the process.
Cash Minor stated in response to Commissioner Eklund’s question; they were looking for a well-rounded candidate. He noted Amanda stated the candidates met the legal requirements but they were looking at a long term employee with need for management personnel skills, even if we have to move forward with additional training to acquire more of those skills.
Commissioner Andreozzi stated he was not questioning the process and agreed with qualification of this individual but would like to have some type of expertise that would advise them. He stated the only issue he had was for him to make the ultimate and final determination he did not have support documentation other than what was told to him. Commissioner Andreozzi used the example of the Planning and Zoning procedure and stated if he did not have supporting documentation and was asked to do zone change he would have the same difficulty in making a finding. He did not question the process or the integrity of the selection committee. He would have liked to see for himself how they came to the conclusions they reached so when he made a vote he felt confident in that vote. He stated now he would not be confident in any vote that he would make.
Commissioner Eklund did not question their integrity or the process either and he valued their opinion but he would like to have more information.
Amanda Osborne stated in terms of objective it was not on paper. She stated what sat Kriston separate from the other candidates was she did have some management experience as well as some of the other candidates that declined to come here. Amanda Osborne stated Kriston had taken it upon herself to go and get some management training. She stated that was one of the reasons why she and Cash Minor have made this recommendation.
Lori Gilbert stated she was the News Director for KELK/KLKO radio stations and KENV TV here in Elko. She noted the Commissioners were being asked to appoint a new Public Defender. She stated the possible action item also includes a report from a selection committee process utilized to make the recommendation to the Commission. Lori Gilbert advised the County Commission that to approve this recommendation would be in violation of the Nevada Open Meeting Law. She had read the Nevada Attorney General, Adam Laxalt’s, Open Meeting Law Manual “2015 Training for Local Government” with regards to this selection process. She stated in her research of this issue the sticking point was the selection committee that was used to reach this recommendation that was appearing today. Lori Gilbert read from the Attorney General’s Manual as follows: “If a sub-committee recommendation to a parent body is more than mere fact-finding because the subcommittee has to choose or accept options, or decide to accept certain facts while rejecting others, or if it has to make any type of choice in order to create a recommendation, then it has participated in the decision-making process and is subject to the Open Meeting Law (unless specifically exempted by statute), OML Manual: section 3.04.” Lori Gilbert stated she was bringing this matter before the County Commission with the request that the Board not take action on this item until you were confident that the Board actions were not in violation of the Open Meeting Law. She appealed to Commissioner Steninger because he was in the newspaper business for many years and Kristin McQueary who previously worked as a journalist to understand she was doing her job. She was trying to shine the light on this process. Lori Gilbert made reference to the Reno Newspapers vs. Sheriff’s lawsuit contained within the Attorney General’s Open Meeting Law Manual: “The Court noted governmental interests under balancing test is more narrowly interpreted by virtue of the 2007 legislative amendments. Conversely open and accessible government must be more liberally interpreted. State’s burden is heavier now. It must prove that its interest in non-disclosure ‘clearly outweighs the public’s right of access’.” Lori Gilbert stated at the back of the Attorney General’s 2015 OML Training Local Government presentation there were phone numbers and the signature of the Senior Deputy Attorney General, George Taylor. She had contacted the Attorney General’s Office they were surprised the Board had not seriously considered the work of the subcommittee in considering the qualifications of the applicants for someone who was being nominated for a public office.
Commissioner Dahl requested she review the first page of the Attorney General’s presentation and then he would ask Kristin McQueary to respond.
Lori Gilbert stated this was regarding the subcommittee/subcommittees or any subsidiary thereof, which she was referring to the selection committee of which Amanda Osborne, Cash Minor, Sherburne MacFarlan and Gary Woodbury were members of. She cited a slide from the AG’s OML Manual into the record as follows: “If a sub-committee recommendation to a parent body is more than mere fact-finding because the sub-committee has to choose or accept options, or decide to accept certain facts while rejecting others, or if it has to make any type of choice in order to create a recommendation, then it has participated in the decision making process and is subject to the Open Meeting Law. (unless specifically exempted by statute.) Open Meeting Law Manual Section 3.04.
Commissioner Dahl inquired if Lori Gilbert found any places it was exempted by statute.
Lori Gilbert stated she did not, even though there was an extensive list of exemptions. She did not find any hiring or selection committees in the list of exemptions whether they were appointed by the County Commission or not. Lori Gilbert felt it was significant that they take into consideration that this Board had nothing to do with appointing this selection committee.
Kristin McQueary stated it goes back to the formation of the committee. She stated the committee was appointed by County administration and did not include members of the County Commission. She noted in essence Robert Stokes appointed the committee. Kristin McQueary stated because the subcommittee did not include any County Commissioners and was not directly appointed by the County Commission it was more of an advisory committee to make recommendations. She stated the Commission can either accept the recommendation or tell them to go back to the drawing board. Kristin McQueary stated the formation of the committee was not an issue and she was willing to take that up with George Taylor.
Lori Gilbert was sure what Kristin had suggested or what the public would suggest was to be on the safe side that the County Commission back up and they could form the selection committee and they could begin the process and be more involved.
Kristin McQueary stated she was not suggesting that they back up.
Lori Gilbert noted the Office of the Attorney General opined that formality in appointment was not the sole dispositive factor in determining what constitutes a public body under the Open Meeting Law. She read: “Informality in appointment should not be an escape from it because to hold otherwise would encourage circumvention of the Open Meeting Law through the use of these unofficial committees.” Lori Gilbert cited NRS 241.015 (3a – 7): “The Legislature intended that committee, subcommittee or any subsidiary thereof be applied to any gathering that makes a decision or recommendation to a parent body. The label given to the group was immaterial and would not prevent the application of the Open Meeting Law to groups with other labels besides committee or subcommittee even in the absence of the formal appointment process. She stated NRS 241.015 (3a and 7) of the Open Meeting Law applies to a staff committee with de-facto authority for the parent public body to act on its behalf. She noted the staff committee stands in the shoes of the public body. Lori Gilbert cited AG File Number 08-014 dated July 2, 2008: “Legislative intent and explicit language means the Open Meeting Law applies whenever a quorum of committee, subcommittee or any subsidiary thereof meets to deliberate or take action.”
Commissioner Dahl questioned if when the committee met to interview or to decide who they were going to interview should the meeting have been posted and public notified if they wanted to attend.
Lori Gilbert believed Commissioners Eklund and Andreozzi had experience in some of the processes. She stated the point she was trying to make was that the selection committee was not chosen by this County Board, the public was not informed and the Commission was not involved within this process to this decision making point. She noted they were given the name of one individual and noted some of the Board Members had posed questions to that. She noted the Board Members did not know how the selection committee arrived at this conclusion to recommend this one candidate.
Commissioner Dahl inquired if her concern was more with the selection committee or with the process they used and their decision making.
Lori Gilbert stated that was accurate because the selection committee should have been chosen and informed by the County Commission because the Office of the Public Defender reports directly to the County Commission and does not report to the County administration. Lori Gilbert stated that she knew there was a work chart that was shown to them, that was demonstrated, but that was not codified.
Commissioner Dahl inquired if she thought it was necessary that a Commissioner or any Commissioners were actually a part of the committee but that the public needed to know who the committee was.
Lori Gilbert stated in her reading she thought it would have been a better reflection of the public because there was no public involvement. She noted there were special interests and there were two attorneys who were sometimes contracted to do work with the County, an HR person and an Assistant County Manager but there was no presence of the public involved in the selection of the Committee.
Commissioner Dahl understood her concern was not with the lack of posting of the meeting to the public but was that the selection committee should have been chosen at the County Commission meeting to comply with the Open Meeting Law.
Lori Gilbert researched Amanda’s timeline and she did not see at any point where anyone from the County Administration or the Public Defender’s Office approached the County Commission to advise them of the process that would be underway of the formation of a selection committee and how the public could best participate in that.
Commissioner Guttry inquired if it was her opinion that the same rules would apply for a Budget Committee, or a selection committee, or any other committee that the County involves itself in. He noted the Budget Committee was formed by County Manager, it was not a public meeting and they make decisions which she said they shouldn’t do and then they bring their recommendations to the Commission.
Lori Gilbert noted it was not alike in a couple of ways. She stated she was present when Kristin McQueary gave them specific instructions upon how they could form those committees in keeping with the new requirements of the Open Meeting Law having subcommittees. She believed Kristin was carefully monitoring the process and the reporting of this committee. Lori Gilbert wanted to make the point that this selection committee was established without the involvement of the public.
Commissioner Guttry stated the Budget Committee was established in the same exact manner by the County Manager.
Lori Gilbert inquired if he was serving upon the Budget Committee and received an affirmative response. She noted there was a big difference because nobody from the County Commission, elected official, was serving upon this selection committee.
Commissioner Guttry stated that was up to his prerogative to do that. He noted the County Manager could have assigned that just to staff if he wanted to and only had four or five staff members. He noted Robert Stokes chose to have two Commissioners upon the Budget Committee. He just wanted to make sure that he understood that it applies to any kind of meeting that was a sub-committee of this body.
Lori Gilbert stated she did not want to confuse the meetings. She had researched this particular and there were special circumstances when appointing a public officer that reports directly to the County Commission. She noted there were specific requirements doubly noted under the County Code and the Nevada Revised Statutes. Lori Gilbert reiterated that the Public Defender does not report to the County Administration, it reports directly to the County Commission.
Commissioner Guttry inquired if it was her contention that was the only difference.
Lori Gilbert stated she was very careful in researching this and very diligent and that was why she believed the Open Meeting Law needs to be stringently applied. She stated unless they could prove that this should not have been conducted publicly.
Kristin McQueary stated there was no statutorily mandated process for hiring employees or department heads or appointed department heads such as the Public Defender’s Office. She stated the constrictions under the law was that there shall be no discrimination under the categories that were listed under federal and state law but the statute itself does not give any guidance of how you to get to the appointment process. Kristin McQueary stated for the twenty-some odd years that she has worked for the county the County has approximately 300 employees and they have a professional Human Services Director to direct the hiring of the employees, put out job descriptions, advertise and winnow out candidates. Kristin McQueary stated the District Attorney’s Office was not involved in this process and because this was more than just an average position management put together people with experience in the area to help advise them. She stated there was no statutory requirement of any special selection process. Kristin McQueary stated what the statute requires was that the Board must approve the appointment.
Commissioner Dahl inquired if the selection committee needed to be appointed in a public forum.
Kristin McQueary replied no, she believed it was a Committee set up by the County Administration and it did not involve any Commissioners. She stated it was the practice of the County with additional people, typically Amanda and the Department Head, to go through applications. Kristin McQueary stated because of the nature and the fact that Fred Lee has been there twenty-five years or more made the selection different and they asked for help from people with knowledge in the area.
Commissioner Dahl inquired if what Lori Gilbert read said that if there was more than mere fact-finding or there was a choice to be made then Kristin McQueary was saying the Open Meeting Law does not apply.
Kristin McQueary replied the Open Meeting Law does apply and they have posted on an open public agenda what the process was and what the committee’s recommendation was. She stated because we may be taking administrative action regarding a certain person that person’s name had to be posted and she was provided notice of that meeting which Mrs. Hill, the person the committee selected, was present so they had complied with the Open Meeting Law. She stated they would be in violation of the Open Meeting Law if they appointed that position without coming to a public meeting for the appointment process. She stated in her view they were in compliance with the Open Meeting Law.
Lori Gilbert believed the County administration did violate the Open Meeting Law when they appointed an Interim Public Defender to that positon.
Kristin McQueary did not believe they violated the Open Meeting Law when they made that appointment either.
Lori Gilbert inquired what made it different.
Kristin McQueary commented the Office needed management and they do that if there was a vacancy. She noted the Library had several different directors through the years and during the search for candidates they appointed an interim Library Director.
Lori Gilbert noted the Public Defender was a public office.
Kristin McQueary stated the Library Director was also a public office.
Commissioner Dahl inquired of Lori Gilbert how she would suggest the Interim Director be appointed, in an open meeting.
Lori Gilbert stated that should have come before the County Commission. She referred to the 2015 Open Meeting Law Training for Local Government which was authorized by Attorney General, Adam Laxalt, and authored by George Taylor, Senior Deputy Attorney General, and his expertise was in the Open Meeting Law. She noted George Taylor made a specific slide which stated: Openness is the norm, not the exception. The Open Meeting Law is for the public benefit and should be liberally construed and broadly interpreted to promote openness in government.” Lori Gilbert noted this was the opinion rendered in Dewey vs. Redevelopment Agency of City of Reno, 119 Nev. 87, 94 (2003).
Commissioner Dahl inquired if Lori Gilbert was arguing with what Kristin McQueary said about this complying with the Open Meeting Law.
Lori Gilbert stated the work of the selection committee did not include the public.
Commissioner Guttry stated if staff had come to us and said they wanted to appoint a certain person to fill in until they found a replacement for the Public Defender, it would have been a staff recommendation and he would have not questioned staff because he did not have any idea. He did not know all the people who work there or who would be qualified for that position so it would a rubber stamp. He was assured that this Board would have gone with the recommendation of staff. Commissioner Guttry believed Lori Gilbert’s contention was at least it would have been in front of the public; there would have been an agenda and the public would be involved in that process and could come to the meeting and object to that person.
Lori Gilbert emphasized to the Board that the public cannot participate in the process if it was properly agendized and noticed. She believed Commissioner Guttry was suggesting that he as a Commissioner may be comfortable rubber stamping but the public may have had questions about that and that was why she was here.
Commissioner Guttry noted it wasn’t that they wouldn’t have taken staff’s recommendation which they take 99% of the time because staff has had the opportunity to scrutinize these people and to find out what was best for the County as who would be best to fill that position. He believed she was saying it did not involve the public’s opportunity to weigh in even though they never had a phone call or none of them had ever talked to anybody that questioned why they appointed that person in the interim.
Lori Gilbert noted maybe they did not know.
Commissioner Guttry stated obviously they didn’t because they rely upon staff to do a lot of that. He believed that would be micromanaging.
Lori Gilbert stressed that it was not micromanaging when the position reports to them, it was their responsibility. She noted the public elects them to represent them. She said she was not trying to undermine the staff and was not trying to discredit legal counsel.
Commissioner Guttry stated he was not trying to argue with her but wanted to understand how she thought the process should go. He stated maybe in the future they should have a specific policy that says from this day forward this will be how we do it; this was how we have always done it and it was going to be like this in the future so there wouldn’t be any question.
Lori Gilbert inquired of Commissioner Steninger because he was formally a journalist, what his thoughts were on this.
Commissioner Steninger stated he had spent most of his life on the other side of the fence but he did not see the issue here. He did not see how anything would have changed. He stated staff was given the chore of selecting a new person.
Lori Gilbert stated staff took on the chore and it was not given by the Commission. She stated they were not authorized by the Board.
Commissioner Steninger stated he did not see a problem with the process. He stated in anticipation of this he did seek Kristin’s opinion earlier and she assured him she could defend the process. He believed in the future the Board could work with Lori Gilbert to do it more to her liking.
Commissioner Dahl inquired if they had an agenda item that said they were going to appoint the selection committee and then appointed the selection committee was it her contention that would be alright.
Lori Gilbert stated she was suggesting that because they would be confident that they were not violating the Open Meeting Law if they simply backed up and they appointed the selection committee and they were involved in the process from the beginning.
Kristin McQueary stated if the Commission appoints the selection committee or appoints a sub-committee then it falls under the Open Meeting Law and the committee has to abide by the Open Meeting Law. She stated finding new personnel was typically a management type of thing and that was why Cash Minor and Amanda Osborne get paid to do. She stated they were to find the employees for Elko County. She noted if the Board chose to change that then this would be an opportunity to change it. She questioned if they were going to do that for every one of the 300 employees.
Commissioner Dahl inquired if she thought the process would get bogged down.
Lori Gilbert noted this was a public office and noted Kristin had not acknowledged that.
Kristin McQueary acknowledged it was a public office and they were appointed by the Commission. She stated there was no statutory mandate on how they reach that selection process. She noted the Commission had the appointing authority.
Harry Botsford noted it looked like they obeyed all the rules and the laws. He commented the committee presented four people to them; that they went through an interview process and it went down to one which was typical for small organizations and small places. He noted the fact was they were only giving the Board one to choose from. Harry Botsford stated Commissioner Andreozzi noted pointed out there should have been a listing of the matrix of that process given to the Commission by the committee which would have cleared up Commissioner Andreozzi’s question. Harry Botsford felt Lori Gilbert was asking them to change the process of selecting employees and they were too small to go down to that amount of detail.
Commissioner Dahl stated it was time to move on and noted they had a recommendation to appoint Kriston Hill as the new County Public Defender. He requested a motion.
MOTION: Commissioner Steninger moved to appoint Ms. Kriston Hill as the new Elko County Public Defender. Commissioner Guttry seconded the motion.
Commissioner Andreozzi reiterated his comments were not a reflection on the applicants, the selection committee or upon the process. His concern was as they heard in some of the testimony today that two people in one office, one person had taken more opportunity to get some education on management which was fine and he accepted that. Commissioner Andreozzi stated he had not seen the job announcement, did not know what the job description was. He stated in terms of the matrix of how the committee selected the candidate, so he cannot support their recommendation, he would be comfortable knowing how they reached the conclusion they made. Commissioner Andreozzi stated that piece was missing for him and he could not vote in support of this motion for that reason.
Alina Marie Kilpatrick stated she was the Interim Public Defender. She stated a Public Defender was often called public pretenders. She noted the reason they were often called that was because there was an appearance at some point or another they act on the behest of the people who hire us. Alina Kilpatrick stated that was why she supported Commissioner Andreozzi’s decision/request to have at least the qualifications of the candidates before them. Alina Kilpatrick stated she had known Kriston Hill for a very long time and she was an excellent attorney. She stated it was important to her that the public trusts our office and in order for the public to trust the office the public needs to see what our office was Alina Kilpatrick stated the public needs to see who was working for our office. Alina Kilpatrick noted no one leaves the Public Defender’s Office unless it was to retire or take the bench. She noted they have some of the lowest rates of turnover in this County because that was the work environment they created. Alina Kilpatrick stated there was wide and sweeping indigent defense reform litigation coming across this Country. She noted Montana, Idaho and Fresno, California have been sued, individual County Commissioners have been sued and Public Defenders of counties have been sued. She explained part of the reason why they have been sued was because there was a lack of transparency and the public wants to participate. She has supplied copies to the administration of these suits. Alina Kilpatrick stated the American Bar Association has published ten principles of indigent defense delivery and the first principle was transparency in the selection of the process. Alina Kilpatrick stated in order for the public to believe in them which was essential for them to do their job, they need that transparency. She noted being the Public Defender was a thankless job. Alina Kilpatrick stated when they actually have a victory and they actually get to help that addict/alcoholic break the cycle of incarceration it takes away all 10 to 50 losses that they may have had that week. She stated in order to be able to do that they need the public’s trust. She noted the Public Defender’s Office in the last year or so has become more visible in our community and State. She encouraged them to think not from their perspective but from the people sitting in the jail on Silver Street.
Commissioner Dahl questioned if she wanted them to be able to know who their Public Defender was and why the process that has been outlined here that they have used keep them from the opportunity of knowing who their Public Defender was.
Alina Kilpatrick replied yes. She explained there were less than 10 candidates for this position. She stated there were only seven who were actually Nevada licensed. Alina Kilpatrick noted this Commission could get through seven applications themselves in less than two hours. Alina Kilpatrick stated the Public Defender was the person who was individually responsible for the liberty interests of everyone in this County. She felt that was very important and her colleagues at the Public Defender’s Office thought that was very important. She stated in order for our office to maintain its credibility, a credibility that Fred Lee built from scratch, they need that.
Commissioner Dahl stated this was different than what Lori Gilbert had told them. He understood Lori’s concern was there was not a public process to select the selection committee. He understood Alina Kilpatrick was saying she believed the Commission should have interviewed the applicants and the Commission should have made that decision and not the selection committee.
Alina Kilpatrick agreed and stated there was a difference between what the law requires them to do and what they should do. She stated the Commission was both the Executive and Legislative Branches and they can take the “should” into account and that was the beauty of local government. She stated because of the sweeping indigent defense reform she was asking that they should do that. She noted whether or not they have to, she would not say that because she was a Public Defender and not a meeting lawyer. Alina Kilpatrick stated the City was a great example of when they appointed Police Chief Reed. She noted in Washoe County when they appointed Jeremy Bosler as Public Defender they interviewed the candidates in front of the Commission. Alina Kilpatrick stated she wanted this office to be an example of what was right and wanted this office to be leaders in what was right. Alina Kilpatrick encouraged the Commissioners to review Senate Bill 451 which failed. She stated SB 451 was drafted by the Administrative Office of the Courts and that bill would have consolidated us. She stated it was important for them to understand what was at stake here because it wasn’t just about the Public Defender or the employees. Alina Kilpatrick stated that Senate Bill would have taken all rural counties and put them in with the State and would have deprived this Commission and the people of this County the ability to deliver their own indigent defense. She stated because there was a sweeping legislation across the country in order to make this happen if we do not assert ourselves as an office that was far aboveboard they would get swallowed. She did not know if they would get swallowed by a Senate bill or if they would get swallowed by the ACLU. Alina Kilpatrick stated if they were going to remain as an independent office the first thing they will look at, above numbers, above case load was how the appointment came to be. Alina Kilpatrick told them every attorney in their office was fantastic and most of those attorneys have been there for more than five years. She stated they have some of the best trained attorneys in Nevada and they have the best appellant record of any Public Defender’s Office in Nevada and she wanted them to remain that great. Alina Kilpatrick wanted their office to be an example of that greatness.
Commissioner Dahl inquired of Kristin McQueary if at some point the County couldn’t make a decision that to decide for the Public Defender in particular the interviews would be with the County Commission and that was how they would be selected.
Kristin McQueary stated the Board could make that decision.
Commissioner Dahl understood Alina Kilpatrick was asking for that and believed they had changed the subject. He believed this had been a good forum for this discussion and felt Alina Kilpatrick was a strong advocate in her ability to do so. He felt they needed to make the decision today according to what their process has been. He noted they were at the conclusion of process as far as making the decision upon who would be appointed. Commissioner Dahl stated if she felt as strong as he saw she did and others feel that strongly there was certainly opportunity to do just what Kristin McQueary said that was available to us. He assumed there was not an NRS that would prevent it and they could change the process and change how they select their Public Defenders from now on.
Alina Kilpatrick stated then they would be an example.
Commissioner Steninger stated he was willing to withdraw his motion if they would like to table it.
Commissioner Dahl clarified he was not suggesting they redo their motion for today but to take care of the business today and then if there was the general feeling for a change in how they make this selection in the future that they do that.
Kriston Hill stated she was born and raised here in Elko County and graduated from Spring Creek High School. She stated it has been her mission in life to return home and serve the people of Elko County and welcomed the opportunity to do that. She received her bachelor’s degree from the University of Reno and went to law school at a private school in Lansing, Michigan and she came home as soon as she could. Kriston Hill stated since she passed the Bar she had been in practice and three years ago tomorrow she joined the Elko County Public Defender’s Office. She stated as Alina Kilpatrick indicated they have some fantastic attorneys at the Public Defender’s Office. She stated she was honored when Fred Lee announced to their office that he was retiring and called her into his office and told her he would like her to be their new leader. She said Fred told her because of her levelheadedness he thought she would be a good example for the attorneys in our office. Kriston Hill stated as Amanda Osborne indicated to them after that she obtained some additional management training with the University of Alliance in conjunction with the University of Notre Dame. She explained they offer an on-line management program. Kriston Hill stated she had completed that program and told them the skills that she had learned were invaluable. She would like to continue her training as Mr. Minor indicated and welcomed the opportunity to do that. Kriston Hill stated she was honored that the committee selected her and can assure them that this was something she took very seriously. She noted Fred’s leaving has caused some disturbances in the office which was to be expected and she absolutely did not want that to continue on. She believed this issue needed to be resolved so their office could move forward in the future.
Commissioners Guttry, Steninger and Dahl voted aye. Commissioners Andreozzi and Eklund voted nay. The motion passed by majority vote.
Commissioner Dahl stated his recommendation for those who feel passionately about how this process should be changed he could be talked into supporting a change in the process. He felt at this point however since they have been doing it this way and they have gone through the process up to this point he felt they needed to finish what they were working on.
2:57:07 PM: RECESS:
Chairman Dahl called a recess at 2:57 p.m.
3:12:05 PM: RECONVENE:
Chairman Dahl reconvened the meeting at 3:12 p.m.
3:12:19 PM:
V. MEDICARE ACCESS WORKING GROUP:
Discussion regarding healthcare services issues and findings from the local Medicare Access Working Group regarding limited opportunities for access to Medicare health services in the area.
Larry Hyslop stated there was a public meeting held this summer and 140 people came. He reported they put together a work group, Medicare in Elko Work Group. He noted their fourth meeting will be tonight and Commissioner Andreozzi and John Carpenter were members of that group. He stated they had twenty-four people at the last meeting.
Fred Fricke stated he was a local physician and consultant. He commented in Elko they had some excellent physicians and they have had patients for years then they go on Medicare but Medicare does not pay well and pays only half. He noted as a result the number of Medicare patients’ increases then it cuts into the payment for your staff and your profit decreases. Fred Fricke stated a lot of the physicians in the community stopped accepting new Medicare patients and this has led to stress in the system. He stated when Larry Hyslop could not find doctor he found out nobody was accepting new Medicare patients. Fred Fricke stated when Larry Hyslop called the meeting he found that many people could not find a doctor. Fred Fricke stated there were people who were leaving the community because they cannot find a doctor or their parents cannot find a doctor. He stated this was a big problem for the physicians and the community. Fred Fricke stated his patients come from the emergency room but they cannot find a doctor for follow-up because they were on Medicare. He stated the Nevada Health Center was required to take everybody but it was hard to get patients in because they have had a hard time maintaining a physician. He stated for the first nine months of this year the Health Center operated with one physician’s assistant and one nurse practitioner and sometimes another one would come in. He stated right now they have a local attendant physician whose tenor expires in February. Fred Fricke stated the nurse practitioner and PA that works at the Center were doing a great job but they were way beyond their abilities. He explained some of these patients were coming from the mines. He stated the mine doctors follow the patients as long as they were employees but when they go on Medicare and no longer employees then the doctors no longer seen them at the mine clinic after eighteen months. Fred Fricke stated now those miners can no longer been seen at the mine clinic which created a great problem. He noted at one of the mines, if you were hired before 2003, you can still go to the mine clinic. He noted now there were a lot of seniors showing up at physicians’ offices when they retire from the mines but their insurance was Medicare and the doctors cannot keep their office’s open taking Medicare because Medicare does not pay well. Fred Fricke stated the hospital has brought in doctors that that have worked for a couple of years and then say they have to go out on their own. Fred Fricke noted those physicians cannot make it by taking on all the Medicare patients so a lot of the physicians have come in and then left when their hospital subsidy went away. Fred Fricke stated the physicians want to take care of their patients but they cannot see more new Medicare patients. He noted several physicians have come to those meetings of the committee but they don’t know how to solve this. He believed an alternative solution was for the mines to follow their own patients that they were following for years and accept their Medicare insurance. He stated another solution was if the Nevada Health Center could be funded better so they could get physicians that could take care of the patients. Fred Fricke stated a third alternative was Battle Mountain who had three physicians and three nurse practitioners with a hospital at the critical access level and they get government funding to keep their hospital open. He stated they sent letters to the physicians encouraging them to send their Medicare and Medicaid patients to them and they offered to participate in a bus system. Fred Fricke had verified this in speaking to several members of that medical practice community. He stated this alternative was discussed by the working group. He encouraged the mines to participate. Fred Fricke believed the Nevada Health Center must be stronger because the patients being seen at that Health Center were some of the sickest patients within the community; they were elderly, indigent, and with some with the most severe problems.
Commissioner Guttry understood when he turned 65 years of age and made an appointment with a doctor of his choice and informed him he was going on Medicare in six months and they tell him they were not taking on any more Medicare patients could he pay the doctor cash. He understood if you have ever taken Medicare you cannot do that. He stated if you have taken Medicare you cannot pay cash. He inquired if that assumption was correct.
Fred Fricke did not know the answer to that. He noted physicians were seeing Medicare patients for free because they could not have patients pay cash.
Commissioner Guttry noted the physicians were independent business persons and should be able to accept money in any form as a business.
Fred Fricke stated Medicare had rules and restrictions so the system did not get abused.
Commissioner Guttry stated if people could afford it and have the means to pay cash it would help the system in general.
Fred Fricke stated he was told exactly what Commissioner Guttry had said.
Kristin McQueary noted that the County recently did a contract to outsource Medicare/Medicaid bill processing for the Ambulance Department because it was a specialty which had 64,000 new codes so one person in the County Office could not do that ambulance billing.
Commissioner Eklund noted Battle Mountain had doctors willing to take Elko patients and inquired if those doctors could come to Elko once a week.
Fred Fricke did not know but thought the Battle Mountain Hospital employer preferred to see them in Battle Mountain. He stated we, as physicians, had a meeting to discuss with the Nevada Rural Health Center whether they would hire us once every two weeks to see patients. He noted the Health Center stated they could do that but it had to be primary care and no gastrologist could be accepted.
Commissioner Steninger commented this was another government created problem and they were only reimbursing them fifty percent. He stated on an election year maybe they should approach the candidates to promise to fix that.
Fred Fricke believed that would take a groundswell movement. He did not believe they were the only community with this issue. He believed the reason they had these issues was because the mines were shedding their past patients and the new doctors coming to town were met by a huge plethora of Medicare patients so they could not keep their doors open.
Gerald Ackerman, Director - Office of Rural Health, working with the School of Medicine, stated they need to understand the burden upon the physicians in this community from the Medicaid population also. He believed they were at a population of 52,000 and between Medicare/Medicaid they have approximately 10,000 residents who have that same issue so one-fifth of the patients seeking services had substandard insurances. Gerald Ackerman had heard during budget negotiations the government discussed reducing the Medicare portion.
Commissioner Dahl inquired what percentage was Medicare/Medicaid.
Gerald Ackerman believed Medicare was 4,000 and Medicaid was 6,000. He noted it created a burden upon the physicians in private practice. Gerald Ackerman explained the reason Battle Mountain likes to see Medicare/Medicaid was because they were a critical need hospital. He noted a private physician may only get $40 for service but the Battle Mountain Hospital would get $110 for the service. Gerald Ackerman explained the Battle Mountain Hospital has to see all the people and the government subsidizes them. He noted Julie Clyde, Physician Recruiter for Nevada Health Center would be coming to the community Health Center tomorrow. Gerald Ackerman stated Julie would be talking to three of the community physicians that came to the work group meetings about coming to work at the Nevada Health Centers and one maybe up to half time which would provide some access. Gerald Ackerman stated there were two locals at the Clinic presently until February and one would move back to Winnemucca. He stated the other physician was here for 30 days for an on the site interview. Gerald Ackerman stated Julie Clyde would also visit another physician within the community. He stated they would be hiring an OB/Nurse Practitioner who would start in December. He noted there was an OB access issue here also. Gerald Ackerman stated they have a resident who works with Dr. Hogle presently and sees approximately 15 to 20 Medicare patients each day. He commented they have too many seniors and Medicaid patients for the number of providers they have here. He stated there were other opportunities and there was a discussion about opening some other clinics. Gerald Ackerman stated the community health center may get to a point where they do not have sufficient space. He stated they figured they could handle two more physicians but they were landlocked in that facility. He noted if they were going to increase the capacity at the Nevada Health Center they would have to look at fixing that location up. He questioned if they could apply for a CDBG grant next year to remodel the Center and stated Nevada Health Center would work with them.
Larry Hyslop presented a pamphlet compiled by the Medicare in Elko Work Group. He stated they wanted to see the people being able to go to the same doctor time and time again here in Elko. He stated if they have to go to Battle Mountain then maybe that was better than going to Salt Lake City. He noted Carlin was listed in the brochure also.
Abigail Wheeler stated with regards to the transportation for Medicare and Medicaid patients, Medicaid would pay for their patients’ transportation to places like Battle Mountain. She stated GET My Ride was already going to Twin Falls, Salt Lake City and Reno. She noted a year ago they started taking a man from Battle Mountain to Winnemucca for his care and Medicaid pays for those transports. She noted they looked into Medicaid and Medicaid paid GET My Ride through LogistiCare which was their broker. She stressed they cannot do transports of patients under Medicare. She noted LogistiCare pays them full price to transport that one person to Battle Mountain.
Commissioner Dahl inquired how often they run a bus to Twin Falls, Salt Lake City, or Reno for one person.
Abigail Wheeler stated they were running the bus to Reno for one person because it can be paid for LogistiCare, the Medicaid broker. She stated LogistiCare paid them to run a whole bus to Ely twice a week, once a week to Reno and to Salt Lake City and Twin Falls every two weeks. Abigail Wheeler stated they were getting people from Wendover to Salt Lake City but they cannot do that for Medicare patients. She stated they cannot get the people to the Medicare physicians. She noted even if they could get medical doctors here they would still have to get patients to specific specialists.
Commissioner Dahl suggested Uber haul them which may cost a tenth of what it would cost to send a bus.
Abigail Wheeler stated those trips were not out of the County pocket it was covered by LogistiCare.
Commissioner Dahl voiced concern as a taxpayer that they were sending a bus from here to Twin Falls for one person.
Abigail Wheeler stated it was less expensive for the bus system to take them than the taxi service. She stated the problem with Uber was who has a wheelchair lift in their car and noted the person from Battle Mountain was bound to a wheelchair.
Commissioner Eklund noted the busses were expensive to run.
Abigail Wheeler stated they pay the cost and a small percentage. She noted they travel empty to Ely and pick them up and bring them back up to Elko.
Commissioner Dahl felt it was less expensive if they could get a back haul for transport.
Abigail Wheeler noted that displays to the public what a big medical gap there was. She said GET My Ride does these trips for a revenue source to pay for the transit system. She stated without having some revenue source in this area they have to transport people outside of this area.
Kathy Jones, Elko County Public Guardian, stated she has 25 people on Medicare and has experienced problems with finding a doctor for her wards. She noted usually they have to go to an emergency room because they have not gone to a doctor for a while. She noted when they go to the emergency room sometimes they were admitted and then when they get out they do not have follow-up care. She stated then they were sick again and end up in the emergency room again. Kathy Jones stated one of her wards has sugar diabetes and goes to a different doctor every three month to renew her medication. She believed the elderly should have consistent care.
Commissioner Andreozzi had been doing an investigation into creating a County Health Board. He mentioned his trip to Churchill County who had a Health Board. He noted this working group had representatives from the mines, the Hospital, the Nevada Health Centers and there had been great community cross representation. Commissioner Andreozzi stated these people were working toward solutions and felt the County fit into this. He agreed with Mr. Ackerman that there were several community health issues but felt they could work with the community health board and with other stakeholders that were providing the service. He applauded this group for their efforts because they have come up with some interim solutions.
John Carpenter stated the Nevada Health Center was out of space but they were in a better position to take Medicare and Medicaid patients because they could get full reimbursement. He stated if they could get doctors in and they were getting full reimbursement then they could remain here. John Carpenter stated they need some way to remodel the remainder of the building. He believed under their ¼ sales tax they could acquisition equipment for the facility because it was in relation to public safety. John Carpenter suggested some of the proposed sales tax could be used to remodel the health care center. He noted the hospital brings in the Doctors and then expects them to go out on their own but they cannot make it by taking on Medicare patients. John Carpenter noted the Health Centers received full reimbursement and it meets the criteria of the statutes for sales tax.
3:43:54 PM:
VI. 2016 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG):
Discussion and consideration of amending the selection of two grant applications to submit to the State CDBG Program for possible funding. At the October 21, 2015 Commission Meeting, the Commission selected applications for improvements to the Montello and the Tuscarora Water Systems for submission to the State CDBG Program. After that meeting, information was received that the Tuscarora Water System application does not meet the CDBG Low to Moderate Income eligibility requirement. Staff has a recommendation for the second application.
CDBG is federal funding passed though the State to local governments and non-profits. The majority of funded projects in Elko County over the past several years have been public works projects such as water/waste water and solid waste projects.
Kimberly Hess, Public Works Administrative Assistant, stated they were coming to the Commission with a change of recommendation for the CDBG grant submission. She noted at the last meeting the Commission choose the Tuscarora Water System grant application and the survey came back from the State that Tuscarora was above the low to moderate income that was required for this program so they were ineligible. Kimberly Hess stated according to recent census data a lot of the County areas were not qualified for these types of grants. She stated their alternative was to do an income survey but they were confident that the survey would still come back as them being ineligible. She requested that they change the second recommendation to the Mountain City Spring Development, phase one, engineering design for $100,500 pending a favorable return of an income survey. Kimberly Hess stated according to the census data entry they do not qualify but staff and CDBG staff questions that number. She stated they would gather information upon the users on the Mountain City water system but it would take a couple of weeks. She stated Community Development recommended the Commission accept the Mountain City Spring Development as their second application pending income survey. She stated if Mountain City came back ineligible they requested authorization to proceed with the one application for Montello.
MOTION: Commissioner Guttry moved that we change our CDBG grant application for 2016 by leaving the Montello test well project as their priority project and the number two project will now be the Mountain City Spring Development Phase 1 Engineering Project application in the amount of $100,500 providing they are eligible and if they are not, then move forward with one grant application which would be the Montello Test Wells application. Commissioner Eklund seconded the motion. The motion was passed unanimously.
3:47:42 PM:
VII. ELKO SENIOR CITIZENS CENTER, INC.
Discussion and consideration of the approval of a Memorandum of Understanding between the Elko Senior Citizens Center, Inc., the City of Elko and Elko County for services such as maintenance / repair and payroll services.
Cash Minor stated they started the MOU process years ago with regards to the Senior Citizen’s Center but it was never formalized. He stated they have drafted an MOU that addresses the responsibility of the City, the County and the Senior Center responsibilities. He stated this agreement provides for creating a Capital Improvement Fund at the Senior Citizens to the maximum of a $100,000 so they do not have to go to contingency for repairs. Cash Minor stated the County would put in $10,000 each year for the next 4 years and the Senior Center would put in the same amount up to a maximum of $100,000 for repair at the center. He stated for a long period of time Elko County paid the Worker’s Comp for Senior Center’s employees and it was not a budgeted item. He stated they would transfer money to cover that cost but that cost belongs with the grant program. Cash Minor stated they talked to the Senior Center about picking up the Worker’s Comp and they asked if they could do that over a four year period of time. He stated besides creating the Capital Improvement Fund the Senior Citizen’s Center would take the responsibility for the Worker’s Comp.
Commissioner Andreozzi stated this was a good step forward for continuity because there has always been some question about that especially every time the get a new Director. He had requested that the Senior Center approve it first to make sure they were comfortable with it and then it went to the City of Elko but he did not know if they accepted it.
MOTION: Commissioner Andreozzi moved to approve the Memorandum of Understanding between the Elko Senior Citizens Center, Inc., the City of Elko and Elko County for services such as maintenance, repair and payroll services.
Commissioner Eklund asked that they approve the MOU with the caveat of approval from the City of Elko first.
Commissioner Andreozzi amended his motion to include that it be subject to the approval of the City of Elko. Commissioner Eklund seconded the motion. The motion passed unanimously.
3:52:16 PM:
VIII. GREATER SAGE-GROUSE FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS)/ APPROVED RESOURCE MANAGEMENT PLAN AMENDMENT (ARMPA):
Discussion and Consideration of a possible letter to Governor Sandoval respectfully requesting his support of the lawsuit filed by Western Exploration LLC, Elko County, Eureka County, and Quantum Minerals LLC in U.S. District Court for the District of Nevada challenging the legality of BLM’s and USFS’ Greater Sage Grouse Approved Resource Management Plan (ARMP) and its land use prohibitions and restrictions that affect 20 million acres in Nevada. Nevada Counties including Lander, White Pine, Lincoln, Humboldt, Washoe, Churchill and Pershing have joined the suit.
Commissioner Dahl noted Fred Stewart of the Ninety-Six Ranch had joined the lawsuit. He stated they were asking the Governor to support the lawsuit that was being carried by Attorney General Laxalt.
MOTION: Commissioner Eklund moved to send a letter to Governor Sandoval respectfully requesting his support of the lawsuit filed by Western Exploration LLC, Elko County, Eureka County, and Quantum Minerals LLC in U.S. District Court for the District of Nevada challenging the legality of BLM’s and USFS’ Greater Sage Grouse Approved Resource Management Plan (ARMP). Commissioner Steninger seconded the motion.
Commissioner Andreozzi believed there should be a discussion held with the contingency of NACO and they should have a face to face conversation with the Governor on this question.
Commissioner Dahl noted the Governor was proactive in several areas but he was not proactive in filing this suit.
Commissioner Andreozzi realized the Governor worked against the listing and felt they have strength together. He felt NACO should visit with the Governor and Attorney General Laxalt to gain full support.
The motion passed unanimously.
3:56:26 PM:
IX. ELKO COUNTY NATURAL RESOURCES MANAGEMENT ADVISORY COMMISSION (NRMAC):
A. Malheur County Resolution Opposing a National Monument:
Discussion and consideration of a recommendation from NRMAC to write a letter of support to the resolution by Malheur County opposing the creation of a new national monument proposed as the Owyhee Canyonlands Monument; and the establishment or designation of any other national monument, national conservation area or wilderness area on public lands within southern Malheur County, Oregon.
Randy Brown stated this was a recommendation from NRMAC and noted Commissioner Steninger originally received the letter which was submitted to NRMAC.
Commissioner Dahl inquired about the reason for opposition. He believed the County’s position should be the designation was without the consent of the local and state governments.
Randy Brown said the Resolution stated that.
MOTION: Commissioner Guttry moved to write a letter of support to the Resolution by Malheur County opposing the creation of a new national monument proposed as the Owyhee Canyonlands Monument. Commissioner Steninger seconded the motion. The motion passed unanimously.
B. Discussion and consideration of the recommendation from NRMAC to write a letter of support for County Commission support of House Resolution (H. Res. 417) introduced by U.S. Rep. Paul Gosar to impeach EPA Administrator Regina McCarthy. The Bill was additionally sponsored by Congressman Mark Amodei and 22 other Representatives.
Randy Brown stated this was presented by Ralph Sacrison who felt since Congressman Amodei and 22 other representatives sponsored it then this would have potential to provide impeachment of Regina McCarthy. He noted that Regina McCarthy was the one who presented in the past, the waters of the United States issue, against all opposition. He commented she was responsible for the lawsuit that has been placed against the EPA upon that decision.
Commissioner Dahl inquired which committee Congressman Amodei sat on.
Commissioner Steninger stated she committed perjury to the Committee on Oversight of Government Reform on July 29th; and article two said she made false statements before the Committee on Science Space and Technology on July 9th; and article three said she made false statements before the Committee on Environment and Public Works on February 4th so it was three different committees.
Commissioner Andreozzi noted this was referred to the Committee on Judiciary.
MOTION: Commissioner Steninger moved to write a letter of support for County Commission support of House Resolution (H. Res. 417) introduced by U.S. Rep. Paul Gosar to impeach EPA Administrator Regina McCarthy. Commissioner Eklund seconded the motion. The motion passed unanimously.
4:02:04 PM:
X. FEDERAL PUBLIC LANDS / WILDLIFE ISSUES:
Discussion and consideration a presentation of information compiled by Cliff Gardner regarding management of public lands and wildlife issues including possible Board direction regarding a request for future hearings on these issues.
Cliff Gardner stated he was representing Rural Heritage Preservation Project which was a research group. He noted those who work for the Forest Service and BLM were not required by law to act in pursuance of facts which were presented at public hearings so he requested that the County itself holds hearings in pursuit of citizens’ rights of due process. He questioned how it came about that the federal government can go about controlling vast amounts of land within the states of the Union with complete disregard of many of the provisions within the Constitution that were put in place for protecting the rights of individuals. Cliff Gardner noted this started at the time that Thomas Jefferson was serving as the third President of the United States. He stated opportunity arose when Napoleon Bonaparte offered to sell the Louisiana Territory to the United States for a mere $20 million dollars. Cliff Gardner stated President Jefferson did not think the newly adopted Constitution allowed for the acquisition of territory. He stated President Jefferson acquiesced when Congress approved the purchase citing Article IV of the Constitution as the authority given. He stated later questions arose regarding the rights of the occupants living within the various territories that had been acquired by the United States. Cliff Gardner stated the Court ruled that such power was exercised thereby was without limitation. He stated this meant that those who were living within the various territories belonging to the United States were not protected by the Constitution or the Bill of Rights as those citizens living within the admitted States of the Union. He noted now 120 years later following Statehoods and Nevadans were still being treated as if they were living within a territory. He stated that meant when you or I were out on the public lands and issues arrive there was no right to due process whereby the government was burdened with the responsibility of providing the proposed actions nor do they have to fully consider such scientific data as we the public may supply them. Cliff Gardner commented no one in government was held responsible and this was why there was so much chaos regarding the management of our public lands. He stated without due process there was no way of determining right from wrong, good from bad, what works and what does not work. He stated as a consequence few people speak out because they could not afford to if they want to stay in business whether it was mining or ranching. Cliff Gardner stated data now reveals that unwarranted restrictions and reductions in livestock grazing have caused stream flows to be diminished by sixty percent, range lands to stagnate, deer, sage grouse numbers to plummet and wildfires to rage out of control. He noted mines were being shut down and ranching families were being put out of business. He commented even more egregious was the constant flow of disinformation that was being dissimulated by those so called managers attacking ranchers and mining, while playing down free enterprise and undermining public confidence in the private sector. He noted this was jeopardizing the very system of government that causes wildlife to grow in numbers following the settlement of the region and for no other purpose but to ensure their continuing control of the western public lands. Cliff Gardner stated agency personnel must be challenged and they have the data. He displayed binders of information. He stated every argument that the federal government could produce they could counter. Cliff Gardner stated he had brought documents to help explain some of the statements that people thought were radical. He had been collecting data for over thirty years and taking pictures throughout the State but has never had the opportunity to come forward and put that before a group to be weighed against the disinformation put forth by the federal government. He stated they were asking for the opportunity to make that data public through due process. He inquired how anyone affected adversely whether a property owner or otherwise could be given their due process. He stated he was not asking this body to enforce any findings but they need to have somebody counter all this disinformation that had been coming down through the years. Cliff Gardner stated they had done monitoring upon the Bruneau River. Cliff Gardner noted several years ago the federal government wanted to protect the Mary’s River because according to the agency people the ranch was destroying Lahontan Cutthroat Trout habitat and they acquired that land politically. He noted they had taken pictures since the acquisition and noted the federal government put in exclosures along the Mary’s River and on Tea Creek. Cliff Gardner noted the erosion had increase since the time the exclosures were put in. He stated the federal government also has data to show that they were alleging protection of fishery habitat, perennial flows and the opposite has occurred. Cliff Gardner stated it has been decided in a Court of law that on the Pine Creek Ranch they lost as much as sixty-two percent of their water production in a twelve year period because of the increase of woody vegetation. Cliff Gardner noted Dr. Carson spoke upon the political correctness and things were being accepted in the society as gospel and the truth when they were not. He stated his group was suggesting that they find the means where local self-government can express itself more by making findings to counter all the misinformation.
Commissioner Dahl suggested the County hold hearings to get some of this data out to the public. He voiced concern upon what had happened to the Cross Ranch and upon the Mary’s River. He noted previously the ranches on the Bruneau had irrigated fields but now were mostly weeds. Commissioner Dahl was concerned that what the BLM was doing to the Cross Ranch was the same thing the State was doing upon the Bruneau River.
Cliff Gardner stated his daughter-in-law took pictures along Franklin Lake showing the abundance of wildlife where the cattle were running on private lands and there were pelicans, geese, ducks and egrets. He stated when you go up on the Wildlife Refuge where there was no grazing since 1986 it has become a decadent desert and all you see up there now was crows. Cliff Gardner stated in their picture presentation they have the science too that has been ignored by the agencies. He stated they have collected all the scientific data that has been intentionally ignored by the agencies and that was the information they would like to bring forward to the public. Cliff Gardner stated in 1986 they proposed the first major Resource Management Plan for the Toiyabe-Humboldt National Forest, Central Nevada. He stated the agency said they wanted to set a utilization standard upon all the riparian areas to protect the fisheries and other values. He stated that plan was imposed. Cliff Gardner noted Commissioner Dahl gathered support from the Nevada Cattlemen’s Association and they hired an attorney, John Marvel, who challenged the Forest Service in Court with regards to that plan. He noted John Marvel hired an expert by the name of Richard Eckhart and read a portion of Mr. Eckhart’s Affidavit into the record as follows: “I have a PhD in Range Ecology with a minor in Soils and Animal Science from Oregon State University. I also have an MS Degree in Range Management from the University of Nevada – Reno and I have a BS degree in Agronomy from the University of California – Davis. I have been professionally engaged in agriculture research for a period in excess of thirty years primarily as a range scientist with the United States Department of Agriculture, Agriculture Research Station. The Forest Service does not have adequate range information over a sufficient period of time from which to establish technically based long-term studies nor did the Forest Service have this data during formulation of the Toiyabe-Humboldt Forest Plan. Few and in some instances long term monitoring studies are not being conducted. The utilization standards presented in the Forest Service plan are technically incorrect because they are not based upon scientifically collected data rather they are based upon observations, personal experiences, theoretical concepts and hearsay.” Cliff Gardner stated under due process people were to be protected by overreaching government by being able to go to some kind of tribunal where the determination were based upon facts. He stated there was no recourse in that regard anywhere with the federal government on these Resource Management planning processes. Cliff Gardner stated something had to be done at the State level. He noted this species of jurisdiction which happened by haphazard circumstance was being exercised over territory and the Courts said that did not supply the people their rights and protections. He noted they have nowhere else to look to justify exercising jurisdiction within the states of the union so the Courts said it was under Article IV. Cliff Gardner stated this demonstrates that people that were made subject to this type of jurisdiction were not afforded their Constitutional rights and protections. He noted the founders of this nation wanted to protect the rights of the individual against the majority which was meant by freedom of liberty. Cliff Gardner stated a few years ago the Nevada Cattlemen’s Association, the Farm Bureau and the Nevada Wool Growers brought suit because they had appeared during the BLM comment periods to see that they had brought forth the best scientific evidence. He stated when their evidence was ignored they went before the 10th Circuit Court of the United States and questioned how BLM was going to perform good management if they do not pay attention to all facts presented. Cliff Gardner stated the 10th Circuit Court cited a case from the Supreme Court which said under this jurisdiction and the way Congress wrote the Act they were only required to hold public hearings, gather input and produce an alternative. He stated the federal agencies were not required to base their decision upon best available science. Cliff Gardner stated the states keep going to court over and over again but they cannot win because the decisions were not based upon best science available so truth and justice were not accomplished.
Commissioner Guttry inquired why the federal government tells them when they write a sage grouse management plan or a pilot project they have to base it upon sound science and then the agencies say they were not providing the best sound science. He stated the federal government ignores any science unless they want to accept it. Commissioner Guttry stated they had heard they would never get anywhere with the pilot project because they did not have documented science to prove that predation was a cause of sage grouse decline. Commissioner Guttry stated it was ironic that the federal government would not use best sound science when they have the ability to make decisions yet when someone objected they state it was not the best science. He noted the federal government could tell them that they did not have the best science no matter who they hire or how many people documented what we did because the fed agency had their own agenda.
Cliff Gardner stated there was a lot of misinformation that has been dissimulated for several years. He stated if you read something long enough then you come to believe it. He quoted from Adolf Hitler: “If you lie often enough eventually the public becomes to believe it.” Cliff Gardner stated he understood that statement when he researched the period leading up to the Taylor Grazing Act passage. He stated there was a ten year period where the Department of Agriculture representatives and the Department of Interior lobbied for control of the public lands which became the Taylor Grazing Act. He did not find in any instance that the public came to Congress and asked for that. He noted the records show the State of Nevada wanted to be involved and had a process going which was in competition to what the Department of Agriculture and the Interior Department wanted. Cliff Gardner stated all the rhetoric during that ten year period was overgrazing and destruction. He noted the State representatives said there was no overgrazing but they wanted adjudication. Cliff Gardner stated the livestock people produced a document, If and When it Rains, and gathered testimony from ranchers throughout the western United States and they testified in opposition. He noted the constant federal rhetoric gathered passage of the Taylor Grazing Act gained them control of these public lands and it was not passed for the want or needs of the people. Cliff Gardner submitted copies of those documents called “False Propaganda and Scientific Fraud” to explain that was what they have to counter, the constant flow of misinformation. Cliff Gardner stated the federal government was playing down the private sector and the local self-government. He noted his documentation gave an historical overview of the great abundance of wildlife in 1940 & 1950s which was a direct product of the range livestock industry. Cliff Gardner commented the sheep industry was the political support for the federal predator control programs. He stated the sage grouse followed the bands of sheep because where the grass was eaten off the new sprouts came up and the insects were more abundant. He stated they wanted to bring that science forward so at least a local board can have a finding to put it on the shelf for future use. He stated then they would have more confidence when they go to the public, when you go to the legislature to testify or if there was an opportunity for a real lawsuit then they can base their arguments upon facts.
Commissioner Steninger inquired if sage grouse was native to Elko County.
Cliff Gardner stated in his editorial, “The First Twenty Years”, it referenced the early explorers beginning with Jedediah Smith in 1827 who came across central Nevada through Belmont which was recognized as some of the greatest sage grouse country. He stated for twenty years until James Clyman came through in the Spring of 1846 there was no verification that they saw sage grouse. He believed there was sage grouse but it was later in that year that they verified there was sage grouse.
Commissioner Steninger inquired why the expeditions were starving if there were sage grouse.
Cliff Gardner did not believe there were very many sage hens. He stated after the big influx of pioneers coming in and when they started impacting the vegetation then they started seeing the sage grouse.
Commissioner Steninger believed until there was agriculture there were no sage grouse.
Cliff Gardner noted the Nevada Division of Wildlife wanted to return the big horn sheep to pre settlement days when there were sheep upon every mountain range. He noted the people like Peter Skeen Ogden who kept diaries and had trappers/hunters in their party of 250 people wrote they were starving. He commented their journals said they were constantly killing their horses for food. Cliff Gardner noted Grant Gerber brought their attention that there was no game mentioned in the logs and diaries. He had gone on the internet and started keeping all the logs, diaries and had put together a library of all the testimony that was produced with regards to the settlement of the western United States. Cliff Gardner stated all the testimony said there were no wildlife and the Indians hunted in the hills for the deer for hides and for their tools.
Commissioner Dahl noted he had said if they tell the story over and over again it becomes fact. He stated it was established that those were the conditions back then. He commented that when he was younger and had helped put up hay on the Bruneau in Charleston the sage hen was so thick that when you spooked them they would fly up and block out the sun. He noted in 1961 when in college to learn range science during the first quarter the professors invited the agency people to come in and they told them about overgrazing because they were trying to establish the fact that this whole country was overgrazed. Commissioner Dahl stated that was when he changed his major to philosophy. He stated there were areas that were overgrazed but today you can’t tell where those areas were and haven’t been able to for a long time. Commissioner Dahl stated it was not overgrazed like the picture that was being painted now.
Cliff Gardner stated he had learned by improving the roots of perineal plants such as crested wheat you get more production which was beneficial to ranching. He stated the excessive growth was not good for wildlife and it was better to have it grazed.
Commissioner Dahl noted there were small riparian areas along the rivers during the pioneer period but now there were meadows because of irrigation and the livestock made the impact to allow the wildlife to flourish.
Cliff Gardner stated he had been researching the Nevada Department of Wildlife records and the first record found was in 1950 where the Dinner Station checking station checked 541 bucks and over 100 of them weighed over 200 pounds. He stated there was similar data with sage grouse the following year. Cliff Gardner stated there were earlier narrative reports upon the Sheldon National Deer and Antelope Refuge where they found sage grouse were more abundance and they were heavier. Cliff Gardner spoke to his son who ran Secret Pass Outfitters and he said there were very few deer that would weigh over 200 pounds now. He stated they need to bring the good science forward upon bitterbrush and black sage which were high in nutrients. Cliff Gardner stated when they had a million sheep in Nevada they ate the black sage every year and the wildlife did better because the oils were less on the black sage. He noted they ran four times more animals in the 1950s and had testimony that the range was in good condition. He stated the testimony from the Sheldon National Wildlife Refuge showed better wildlife. Cliff Gardner questioned why the deer were heavier and the cattle were in such good condition but the agencies were very careful to identify that science, set it aside and ignore it. Cliff Gardner stated that old science disappeared and he wanted an opportunity to bring that before the public.
Commissioner Dahl suggested he bring the studies in upon the Mary’s River and also on the Bruneau. He noted the Indians bought the Pete Mori place and noted what they have done could be compared to what NDOW has done along the Bruneau River where they ruined productive areas. He stated they need to tell that story. Commissioner Dahl stated they could see the change from the air where the beautiful ranches were now weeds.
Commissioner Andreozzi stated he read Cliff Gardner’s documents. He was now clear what his objective was. He noted in the document “Scientific Fraud” he had sent a letter to the Commission in 2012 specific to NDOW activities and asked the County Commission to help him with those issues. Commissioner Andreozzi noted Cliff Gardner had cited six issues and inquired what had transpired.
Cliff Gardner stated that document was produced as an Affidavit in dealing with officials in Elko County. He stated they knew they had a certain study with regards to sage grouse in Surprise Valley where their eggs were being destroyed. He had requested a copy of that from Larry Barngrover but was not supplied a copy. He then spoke to Jim Smalley in Reno and Harry Pappas in Las Vegas and they went to Don Clevinflue who was over all the scientific studies in the UNR and Don denied to Jim Smalley that he had any knowledge of that study being done. He stated after two years he obtained a copy of that study from Gary Zunino at the local NDOW office who had participated on that study. Cliff Gardner stated he had various experiences where the studies were not being provided to the public. He stated he, Commissioner Dahl and Randy Brown sent a FOIA request to the federal agencies for all the support and science they said they had upon the sage grouse. He noted the State had legislation as well as the federal government on this issue so one of the FOIA requests went to the Nevada Department of Wildlife for the data that had been produced since the 1950’s with regard to the number of tags that had been released for doe harvest and buck harvest and the actual number of harvest. Cliff Gardner noted they were saying Nevada’s deer herds were not declining when they knew they were but NDOW never responded to their request. He stated it does not matter how much data he had presented to the Nevada Department of Wildlife people or how many FOIA requests they sent in if they did not want to supply the data they would not produce it. Cliff Gardner stated he had not been successful in influencing any state or federal agency but he would continue submitting data because it was important to this nation that they return to a system established by the nation’s founders where local self-government and adversely affected individuals have an opportunity to come before some type of tribunal and argue their case. He noted if NDOW wants to reduce mule deer they can but when they come out and accuse the livestock and mining industries of causing the problems then he had a problem with that because of the false accusations. Cliff Gardner stated their data could show the truth about what was really going on upon the public lands and what was really out there that benefits wildlife to get some justice. He believed this data would help Kent Ivory and Commissioner Dahl if they get solid data showing different findings than the federal government.
Commissioner Steninger clarified that Cliff Gardner wanted a forum to submit his information at hearings.
Cliff Gardner stated he could petition the County Commission to hold these hearings. He believed they should send a letter requesting that the state and federal agencies produce data if they can counteract his data. Cliff Gardner stated they could then write up decisions which would probably take two or three years to educate the public.
MOTION: Commissioner Steninger moved to proceed with these hearings.
Commissioner Andreozzi inquired what the scope of this was, if there a cost associated with this and if there was a budget for this. He was not refuting the data but he wanted to understand what they would achieve. He inquired what the outcome would be.
Commissioner Steninger replied it would not cost them anymore than their time.
Commissioner Steninger noted Cliff’s goal was to make a presentation in a public forum.
Commissioner Dahl suggested Randy Brown and two members of the Commission draft a plan on how to conduct this forum so they can present the information and it was available to the public.
Commissioner Guttry inquired what the outcome was and understood Cliff Gardner would bring in one topic and condensed his data into a reader’s digest version of what it was like then and what it was like now to show the changes. He discouraged a broad based presentation.
Commissioner Dahl felt there should be a plan so that action could be taken upon it and recommendations could be made based upon the good science presented.
Cliff Gardner stated when questions go before a formal court of law quite often the Judge would assign the party winning the case to write the decision and the Court has oversight to raise any questions. He envisioned that he would present the data, suggest the findings, and request authorization to write the findings for the Commission who would have the right of approval.
Commissioner Dahl noted Cliff could bring in experts to back up the contingence who could explain the science.
Cliff Gardner stated if there was any question then there would be Board oversight.
Commissioner Guttry requested clarification if they were just getting information.
Cliff Gardner stated they were not talking about enforcement; this approach was only making their findings available to the public and the media.
Randy Brown stated with the information Cliff Gardner provided they could make amendments to their management plans. He stated they would keep updating their management plans. Randy Brown stated theoretically NEPA was required to review the County’s plans and implement things that were providing consistencies and show inconsistences which they have not done. Randy Brown stated they were necessary to update our own information. He believed that Cliff was talking about passing the information down in perpetuity and keeping this information alive. He believed this was a good forum to provide additional information not only to the federal government but to our own data bases that we maintain for our own information.
Commissioner Dahl believed it was important to invite people that have different views so they have can hear from them if there were any arguments.
Randy Brown stated through their subcommittee they might address the issue of where they were going and establish what they wanted to discuss and what they wanted to accomplish before the process.
Cliff Gardner suggested they invite Katie Fite to produce opposing data.
Commissioner Dahl stated on the Nevada Task Force they had the Sierra Club and the Farm Bureau so everybody got a chance to make an argument.
Commissioner Andreozzi stated he was not opposed to this. He stated when you have a planning document he felt Randy’s comments made sense because you need something to refer to as support documents. Commissioner Andreozzi stated he was not opposed to the process but questioned the scope of the discussions. He inquired if the logical place for these discussions were at NRMAC.
Commissioner Eklund found this historical information interesting but questioned what the end result would be. He inquired if they don’t get the BLM or the Forest Service to come to the hearings and the Commission does reach a consensus what would they do with all this information. He questioned if this was an actual hearing, a workshop or for public education.
Commissioner Dahl replied it would be for public education. He stated they would show the public what it was in the past, what it was like now, what made it that way and what they could do to make it as good as it was in the past. He suggested they invite the press, federal agencies, the Sierra Club, and the public to participate.
Commissioner Steninger amended his motion to form a subcommittee to decide how to proceed.
Commissioner Dahl suggested Commissioners Steninger and Guttry and Randy Brown sit on the subcommittee.
Randy Brown stated most of the Board Members on the Board have lived the sage grouse for years except Commissioners Steninger and Andreozzi so they would have a fresh perspective.
Commissioner Guttry stated they have been consumed with public lands and sage grouse for the last six years.
Commissioner Dahl recommended Commissioners Steninger and Andreozzi and Randy Brown sit upon the subcommittee.
Commissioner Andreozzi seconded the motion. The motion passed unanimously.
5:01:30 PM:
XI. COMMISSION MEETING CALENDAR:
1. November 11, 2015 – Veteran’s Day Parade 11:00 a.m.
2. December 2, 2015 – Commission Mtg - Nannini Admin Bldg., Suite 102, 1:30 p.m.
3. January 6 & 7, 2015 -- Commission Mtg - Nannini Admin Bldg., Suite 102, 1:30 p.m.
MOTION: Commissioner Guttry moved to approve the Commission Meeting Calendar. Commissioner Eklund seconded the motion. The motion passed unanimously.
5:01:41 PM:
XII. CONSENT AGENDA:
A. Presentation and review of claims for approval which are available for public review at the Elko County Manager’s Office.
B. Approval of minutes: October 7, 2015
MOTION: Commissioner Guttry moved to approve the Consent Agenda. Commissioner Eklund seconded the motion. The motion passed unanimously.
X. FEDERAL PUBLIC LANDS / WILDLIFE ISSUES:
Curtis Moore stated the verbiage for agenda item X mentioned setting future hearings and suggested they schedule those future hearings.
Commissioner Dahl stated that would come as a recommendation from the subcommittee.
Commissioner Steninger explained his intent in the motion was to proceed with future hearings and to start with this subcommittee.
Curtis Moore inquired if his motion mentioned future hearings.
Commissioner Guttry stated his first motion mentioned the hearings. He noted Commissioner Steninger made the motion then amended it to include the subcommittee.
5:03:27 PM:
XIII. COMMISSION AND COMMITTEE REPORTS:
A. Demar Dahl, District 1 Commissioner
Commission Chair / Liquor Board Chair, Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Nevada Association of Counties (NACO) Board, NACo WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, American Lands Council / Western Counties Alliance.
Commissioner Dahl inquired if there was an agreement regarding the Wendover Justice of the Peace.
Robert Stokes stated West Wendover approved the agreement last night and they would be sending it to the Board for them to put it on their agenda in December for approval.
B. Delmo Andreozzi, District 2 Commissioner
Highway Board Clerk, Nevada Department of Transportation (NDOT) Liaison, Auditorium Authority Board (ECVA), Hospital Board, Elko City Liaison, Museum Board, Regional Transportation Commission (RTC), and Railport Committee.
Commissioner Andreozzi stated they had 22 applicants for the Museum Director with 9 applicants who were local. He stated they interviewed 4 local people and 3 non local people. He reported they selected Donald Westfall as the Director who would be starting soon. He noted Mr. Westfall would bring a lot of experience with him. He hoped that they would recognize Claudia Wines for her great work as the Museum Director. He recommended that the Commission send a plaque or have her come here to receive it.
C. Glen Guttry, District 3 Commissioner
Commission Vice-Chair, Highway Board Chair, Recreation Board, Railport Committee, Humboldt River Basin Water Authority, Elko Senior Activity Programs Board Liaison, Budget Committee, Veteran’s Affairs, Northeastern Nevada Regional Development Authority (NNRDA), Sheriff Department Liaison / LEPC Liaison, Fire District Committee.
Commissioner Guttry reported the Senior Citizen’s Center Senior Activity Board was holding its yearly public meeting next Monday at 2:00 p.m. He stated the Humboldt River Basin Water Authority meeting was scheduled for November 20th but he will not be present and requested that someone represent the County.
D. Cliff Eklund, District 4 Commissioner
Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, Budget Committee, California Trails Center Board Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Library Board of Trustees Liaison, School District Liaison / CIS – Communities in Schools, Nevadaworks, Debt Management Commission.
Commissioner Eklund stated he was contacted by residents in Midas that felt Klondex was not holding up to their road maintenance agreement. He and Robert Stokes met with the mine and were informed that they pay $25,000 to a contractor monthly and when the $25,000 was gone so was the maintenance. Commissioner Eklund stated he and Commissioner Steninger would drive up there to view the area. He stated David Gray would give them a tour of the mining area there. He noted he and David Gray went to Jarbidge to see the sage grouse habitat that was in decline and went past a campground and the sage grouse was sitting among the campers.
E. Rex Steninger, District 5 Commissioner:
Spring Creek Association Liaison, Te-Moak Tribe of Western Shoshone Indians Liaison, Shoshone-Paiute Tribes of Duck Valley Liaison, Northeastern Nevada Regional Development Authority, Alt. (NNRDA), Natural Resource Management Advisory Commission Liaison, Fire District Committee, American Lands Council Alt Liaison, Sage Grouse Pilot Project, Elko County Conservation Districts Liaison, Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison.
Commissioner Steninger stated he had nothing to report.
5:07:37 PM:
XIV. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS:
Randy Brown understood the hearing on the Injunction was postponed until November 16th at 9:00 a.m. and when that was confirmed he would let them know. He was aware that Commissioner Dahl and County Manager, Robert Stokes were planning on attending.
Commissioner Dahl inquired if the Judge wanted testimony from him.
Randy Brown believed the Court was planning on Commissioner Dahl giving testimony. He would meet with Commissioner Dahl to discuss other issues with regards to that case.
5:08:34 PM:
XV. COMMENTS BY THE GENERAL PUBLIC:
No comments were submitted.
5:08:39 PM:
XVI. ADJOURNMENT:
MOTION: Commissioner Guttry moved to adjourn. Commissioner Eklund seconded the motion. Commissioners Guttry, Eklund, Steninger and Dahl voted aye. Commissioner Andreozzi voted nay. The motion passed by majority vote.
There being no further business to come before the Board, the meeting was adjourned at 5:08 p.m.
APPROVED,
DEMAR DAHL, Chair
ATTEST:
MARILYN TIPTON, Deputy Clerk
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