Commissioners
Sheri Eklund-Brown
John Ellison
Charlie Myers
Mike Nannini
Warren Russell
County Manager
Robert K. Stokes
STATE OF NEVADA, )
COUNTY OF ELKO. ) ss. MARCH 8, 2007
The Board of Elko County Commissioners met on Thursday, March 8, 2007, at
1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko,
Nevada.
There were present: County Commissioners Mike Nannini
ABSENT John Ellison, Chair
Charlie Myers
Sheri Eklund-Brown
Warren Russell
County Manager
CFO – Asst. Co. Manager Cash Minor
Deputy District Attorney
Deputy County Clerk
Planning & Zoning Dir.
Road Supervisor
Robert Stokes
Kristin McQueary
Marilyn Tipton
Randy Brown
Otis Tipton
- - -
The proceedings were as follows:
CALL TO ORDER:
Vice Chairman Nannini called the meeting to order at 1:32 p.m.
He noted that Commissioner Ellison was in Washington D.C. representing the County and NACO.
He commented that Commissioner Myers was back from his surgery and commented that the Board had really missed him.
PLEDGE OF ALLEGIANCE:
Commissioner Eklund-Brown led the meeting participants in the Pledge of
Allegiance.
I. COMMENTS BY THE GENERAL PUBLIC:
Commissioner Myers noted that Lance Corporal Raul S. Bravo of the U.S.
Marines was killed in Iraq. He commented that this was the first Elko casualty in
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the Iraq War and expressed sympathy to his friends and family. Commissioner
Myers asked for a moment of silence for Lance Corporal Raul S. Bravo. He read the letter he had drafted on behalf of the Elko County Commission to the Bravo family into the record.
Dr. Paul Kilpatrick, President of the Great Basin College, personally welcomed Commissioner Myers back to work. He noted that Commissioner
Myers was a serious player on things going on in Elko County.
Commissioner Myers thanked the community and said there was a lot of outreach. He noted the community took good care of his family while he was in the hospital. He believed the Northeastern Nevada Regional Hospital had done a good job in his case. On behalf of himself and his family, Commissioner Myers acknowledged and expressed appreciation to the community for all their support during his surgery and recovery.
II. FAMILY RESOURCE CENTERS OF NORTHEASTERN NEVADA:
Discussion and consideration of approval of PROCLAMATION 2007-C , entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF
COMMISSIONERS PROCLAIMING THE MONTH OF APRIL 2007 AS
NATIONAL CHILD ABUSE PREVENTION MONTH IN ELKO COUNTY.
MOTION: Commissioner Russell moved to adopt PROCLAMATION
2007-C , entitled: A PROCLAMATION BY THE ELKO COUNTY
BOARD OF COMMISSIONERS PROCLAIMING THE MONTH
OF APRIL 2007 AS NATIONAL CHILD ABUSE PREVENTION
MONTH IN ELKO COUNTY. Commissioner Myers seconded the motion. The motion was passed unanimously.
Commissioner Russell presented the plaque to Emily Harris who accepted it on behalf of the Family Resource Centers of Northeastern Nevada.
III. SOCIO-ECONOMIC IMPACTS FROM PUBLIC LAND MANAGEMENT
POLICIES STUDY:
Discussion and consideration of acceptance of studies conducted by Dr.
Thomas R. Harris, Director, UNR Center of Economic Development, which reports on the socio-economic impacts from various public land management policy modifications. Said studies can be utilized by the County and land management agencies during land management environmental analysis processes.
Report 1 , Report 2 , Report 3, Report 4, Report 5 , Report 6, Report 7
Dr. Thomas Harris stated that if the Commissioners wanted a more detailed presentation; he would reschedule another appearance where there was more time available. He noted they had prepared six publications and one study covered general economic activity. He stated they had focused upon public land grazing in various areas throughout the county. He noted that the US Forest
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Service was helpful in getting the date and setting up the model. Dr. Thomas
Harris stated this was part of a procedure which had occurred in other states such as Idaho, Wyoming, etc. He stated this was part of a regional agriculture project to develop procedures across the west. He reported that a representative ranch was developed. Dr. Thomas Harris stated some of this was based on their agricultural experiment stations ’ budgets. He noted they looked at changes in baseline such as reduction in public land grazing. Dr. Thomas Harris stated they had made it a 40 year simulation model change so they could look at different prices and different cattle cycles. He stated if they changed the public grazing availabilities they were researching the impacts to the ranching industry such as ranch survivability, probability and negative cash flows. Dr. Thomas Harris stated they worked with Ron Torel l’s brother, Allen Torell, at the New Mexico State
University and also the University of Idaho to develop this ranch model. He stated they ran a base model with no changes and then looked at grazing reductions of
50% and more, in which they saw an increase of bankruptcies. Dr. Harris stated their model could look through time and see how changes would have an impact on the ranch. Dr. Harris stated they had looked at the model results and attempted to bring them into what the regional economic impacts would be. He stated they used a ranch budget of one AUM which meant $148.00 worth of production, per AUM. He noted that there would be 57 million dollars in total economic activity. He stated that meant 11 million in labor income for about 553 jobs. Dr. Thomas Harris stated that in further analysis they need to look at a ranch level. He stated if you have AUMs and public land you could graze additional cattle which meant a larger production system. He noted that would impact the property taxes. However, when they reduce 1 AUM then it would translate to a reduction of 4 AUMs in ranch production. He stated if they look at production at a ranch level the total economic activity was about 125 million.
There would be 25 million dollars in earnings and about 1,200 people in labor. Dr.
Thomas Harris stated they had worked with the US Forest Service on this model.
He stated they had looked at the difference of permitted use versus the actual use. He stated this was part of a research project at the College of Agriculture.
He stated they were attempting to update the 1970 study. He reported that they had looked at ranches throughout Elko County and other areas. Dr. Thomas
Harris stated they wished to develop a study which gave access not only to Elko
County but to other counties as well so when it came to looking at the estimation of the trade offs in public land grazing; they could look to the experiment or extension department to do this. Dr. Thomas Harris felt this may also be applied to fire impacts because if they started taking cattle off of the BLM. He stated they would be able to see what the impacts would be to Elko County and what the negative impact would be to the baseline if they reduced the AUMs. Dr. Thomas
Harris stated if the County requested; he could give a more detailed presentation.
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Dr. Thomas Harris stated they would be glad to do more analysis. If the County requested them, they could do more studies within their realm as the College of
Agriculture and Ag Experiment Station.
Commissioner Russell noted Dr. Harris had referenced 25 million dollars for ranch income net. He stated in his document it stated for 2004 there was an 18.3 million net income but there was a potential, with full use of all the AUMs, of a net income of 32 million dollars. He inquired where the 25 million dollar figure came from. Dr. Thomas Harris stated they analyzed it at the ranch level to see what the income would be. He noted that some people use the agriculture budgets. He stated when using the agricultural budgets; you look at the difference from one year and you could derive how many AUMs were in those budgets. He stated whatever return there was then, they could say that was how much the AUMs were in that budget. Dr. Thomas Harris stated the 25 million dollars was total regional for the County. He stated they need to get specifically within the economic sectors. He stated the other alternative was the ranch analysis wherein if they take the 1 AUM off then you effect the total ranch production process because 1 AUM ended up to be 4 AUMs. He stated people had estimated these figures within the total project to show two different ways of analysis.
Commissioner Russell stated that the State of Nevada under the age of 14 was 21.7% of the population. He assumed that Elko County ’s population was older, yet for Elko County the population for under the age of 14 years was 26.6%.
Dr. Thomas Harris noted that the County of Eureka was like that too. He felt that the mines impacted that figure. He stated those young people in the future may work in the mines. He noted that was a problem when trying to get funding from
EDA as opposed to the East where people will lose their jobs and stay on their subsistent farms and the unemployment rate jumps up. He stated that was a unique problem they have in the mountain states. Dr. Thomas Harris noted they were now talking about making those people local entrepreneurs to stay in the area. Commissioner Russell thanked Dr. Thomas Harris and suggested that he come back to review the report more thoroughly.
Commissioner Eklund-Brown thanked Dr. Thomas Harris and his staff for developing the study at a very low subsidized level for the County. Commissioner
Eklund-Brown noted White Pine County had a similar study done by Dr. Harris in the past which was why she requested him to develop one for Elko County. She felt that study could be applicable to what the Forest Service was doing in the
Mountain City District. She noted there were several ranchers who were involved with that Forest Service planning. She stated as a County they felt it was the least they could do to provide these studies to help the federal land managers make their decisions and to aid those using the land for economic activities such as livestock, mining and recreation. She did not think any of the Commissioners realized how important the livestock industry was to their economy and the uses
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that would come from these studies. Commissioner Eklund-Brown stated the
C attlemen’s Association had commented that this was a tool that they never had before in land use decisions they were involved in. She stated the federal managers had to go by NEPA. Therefore, they have to look at the impact upon the local economy, history, culture, etc. Commissioner Eklund-Brown stated these studies would help give the ranchers a tool, and show the impact they have on the economy at county and state level. She noted Elko County had approximately
40% of the ranching within the State. Commissioner Eklund-Brown noted dramatic decreases of cattle on the land do have impacts which the federal land managers have to consider in their decisions.
Dr. Thomas Harris stated one of his colleagues, Mariah Evans, was a rural sociologist. He noted she had been researching the historical linkages. He commented that they talked about economy but they had to consider the long history and what impacted their local economy. He stated Mariah Evans was looking at the family ranch linkage and the socioeconomic impact to Elko County.
He noted that ranching, mining, and industries on public lands impact the communities. Dr. Thomas Harris noted they could do a study on the recreational impacts such as for hunting and fishing. He commented that they had one of the leading recreational areas in the United States. Commissioner Eklund-Brown noted the Commissioners had approved funding for Mariah’s studies.
Commissioner Eklund-Brown noted there were a lot of forces that did not want any uses on the public land but the Commissioners were a multiple use Board. She stated this Board supported the responsible stewardship use of those lands and this was something they could do to help continue and sustain that use on public lands. Dr. Thomas Harris stated he had worked with Kent McAdoo and Sharon
Swanson at the UNR who look at the range health on the fiscal side as well as
Ron Torell on the animal fiscal side. He noted that they do not want the unintended consequences such as the spotted owl. He stated that situation became very detrimental. If they have more knowledge, the people knew what the trade offs would be, and then it may impact their decisions.
Dan Dallas, FS Mountain City Ranger District, extended his appreciation to the County Commission for authorizing Dr. H arris’ studies. He noted this was an outgrowth of him asking Elko County to be a cooperative agency on the Mountain
City Range EIS. He noted Dr. Harris used the terms “they wanted to avoid unintended consequences ” but on the positive side these studies were very beneficial. He noted Dr. Harris had stated they could make inferences upon the economic impact from the fires. Dan Dallas noted six years ago it was not always a pleasant task to testify in front of this Commission. He stated they now have a partnership aspect and they have gotten a credible third party in the form of Dr.
Thomas Harris to help them. He noted in the past the federal agencies would do their due diligence to the best of their ability on evaluating economic and social
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impacts but that was not their expertise. However, in the end they would make some sort of a decision and there was always a gap between them and the
County ’s acceptance of that data. He stated these studies would help a lot of other people in the County with this information. Dan Dallas was looking forward to the studies on the social economic impacts. Commissioner Eklund-Brown noted this study would not happened if it had not been for Dan Dallas. She expressed appreciation for his support and inclusion of this study into their evaluation. Dan Dallas noted their public land use plan stated the Commission would be responsible for submitting the economic and social impacts as a cooperating agency. He believed these studies would fulfill that commitment of the cooperating agency. Commissioner Eklund-Brown noted by the time they get their policy plan completed they would have several reports to include into that.
Commissioner Russell noted that Commissioner Eklund-Brown took the initiative to get them involved with this particular study and coordinated with the federal land agencies to get these studies completed. He thanked her for her initiative.
MOTION: Commissioner Eklund-Brown moved to accept the socioeconomic impact studies for Elko County from Dr. Thomas
R. Harris of UNR. Commissioner Russell seconded the motion. The motion was passed unanimously.
GUESTS IN ATTENDANCE :
Ethan Harrell stated he was attending the meeting to get his merit badges in
Scouts.
Jacob Hall stated he was earning his citizenship in the community and communication merit badges as a Boy Scout.
Colt Harrell stated he was observing for merit badges in Scouts.
IV. SPRING CREEK ASSOCIATION:
Discussion and consideration of issues related to the Spring Creek
Association including an update on the strategic planning process that was currently in progress by the Association.
Pam Borda stated they were doing their strategic planning process. She had met with Robert Stokes and Cash Minor regarding this planning process.
Pam Borda stated they were not doing a Master Plan but they were doing a
Business Plan. She stated they had submitted a SCA survey as the first step of their planning process. The survey was sent out to their property owners in
December and they had a 17% response on the survey. Pam Borda stated they would hold a public meeting this Saturday at 10:00 o’clock at the Spring Creek
Elementary School for public input. She stated they would have another meeting on Wednesday at 6:00 p.m. to get more membership input and from any other stakeholders. Pam Borda invited the County to be involved in the process. She
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asked for Commissioner Russell to participate as part of their planning committee, as the liaison to the County.
Commissioner Russell enjoyed the presentation and the informative report.
He was surprised to learn that the average household in the Spring Creek community was 2.6 people. He anticipated that figure would be 3.5 or 4 members in a household. He noted their resident’s interests would be different than from the family type orientation. Pam Borda noted the major reason they chose to live there was the quality of life. She noted the diversity among their members worried her because they range from people who want them to stay out of their pockets and does nothing more than maintain their roads, to people who want full blown city services. She noted some even wanted curbs and gutters, lights, pools, community halls, senior center but that would reduce the rural atmosphere.
Commissioner Russell noted it was a broad spectrum. Commissioner Eklund-
Brown had received calls and e-mail from people who were confused by what a
GID was. She asked Pam Borda to put out more information about what a GID was and the impact to the association members. Commissioner Eklund-Brown inquired if they were looking at doing a tiered user payment based on use of property from vacant to commercial properties usage. She commented that on commercial properties there would be more services provided. Commissioner
Eklund-Brown noted the $150,000 that comes from RTC was made voluntarily and was not required to go to the Spring Creek Association. Pam Borda stated she had already responded to comments that the County was not doing enough. She noted that even the utility company was stepping up to the plate and were implementing their plan. She noted the SCA was just implementing their plan.
Commissioner Eklund-Brown commented that Cash Minor did an analysis of the services that the county provided for prior complaints received from throughout the
County. Pam Borda acknowledged that it was much more than RTC, Sheriff, animal control, the court system, the fire station, etc. Pam Borda felt with good information they could make better decisions about their future. Commissioner
Myers noted the number of households and where the people came from. He commended the SCA on their survey.
Vice Chairman Nannini noted for the record Dena Hartley was in attendance and she sat upon the SCA board.
V. LIBRARY BOARD OF TRUSTEES/ LAW LIBRARY BOARD OF TRUSTEES:
Report and review of Board of Trustees activities and minutes including issues related to the continuing operation of the County Library.
No one was present to give an oral report.
VI. UNR AGRICULTURAL EXTENSION SERVICE:
Discussion and update report of ongoing issues and activities of the UNR
Agricultural Extension Service.
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Jay Paxson, UNR, noted that Commissioner Eklund-Brown had asked for updates and he had submitted a written report. He stated they had received some information upon mosquito control on an acre basis which was somewhere between $75.00 to $100.00, which did not include equipment. Jay Paxson stated that their West Nile working group meeting would be on March 26, 2007, with the
Department of Agriculture in Reno. He would have better figures to give them next month on mosquito control. Commissioner Myers asked when they would start recommending application because they have a budget process coming up and need to coordinate the spraying with the incorporated cities. Jay Paxson noted Washoe County did the monitoring and Scott would give them the timeframe of when they should apply the treatments, perhaps in June.
Commissioner Russell felt mosquitoes and West Nile Virus were the same and asked if they could integrate those subjects together on the agenda.
VII. 2007 NEVADA LEGISLATIVE SESSION:
Discussion and consideration of issues and proposed legislation that may come befo re the 2007 Nevada Legislature’s 74th Session including potential impacts of proposed legislation to Elko County and its citizens.
A. Howard Hickson – Proposal to rename South Fork Reservoir
Howard Hickson, retired director of the Northeastern Nevada Museum, stated earlier in the year he proposed to Senator Rhoads that they change the name of South Fork Reservoir to Porter Lake to honor Dale Porter. He stated
Senator Rhoads asked him to contact the Commissioners to see how they felt about this name change. Howard Hickson stated this name change was only for the lake and not for the dam or the park areas. He commented that Dale Porter was the general chairman of the South Fork Reservoir Project for the 16 years it took to promote and build the dam. He stated Dale Porter would comment that he was not alone in this endeavor and that many people helped him; he just conducted the orchestra. Howard Hickson stated Dale Porter started working with the Army Corp of Engineers for feasibility. He worked with the County and the
City of Elko officials for their support. He noted Dale next went to the State
Legislature and its various committees for assistance. Howard Hickson reported that Dale Porter had obtained help from Senator Dean Rhoads, Assemblymen
Carpenter, Governors Bob List and Dick Bryan, and Roland Westergard of Natural
Resources. Howard Dickson stated Dale Porter took several trips to Washington
D.C., to confer with the congressional delegates. Howard Hickson stated the building of a dam was a lengthy process which usually took 25 years. However, by Dale Porter doing his homework and research it shortened the process for
South Fork to 9 years. Howard Hickson reported that the reservoir and State Park were enjoyed by thousands of people from Nevada and several other states. He had more back up material if they needed it.
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Commissioner Myers noted they were having the South Fork Master Plan meeting tonight at the Elko Convention Center. He had spoken to the Park
Rangers and they were of the opinion that the State would not make any changes because of the costs and because no one had spoken to the residents in the
South Fork area.
Commissioner Eklund-Brown felt it was too late to rename the lake and believed the name had been South Fork too long. She acknowledged that Dale
Porter and Paul Sawyer had worked a long time not only for the dam but also for the community on other projects. Commissioner Eklund-Brown would like to see them name something new after Dale Porter and Paul Sawyer. She felt the
Commission had that opportunity with the California Trails Interpretive Center now being built. She suggested they name the entrance way to the California Trails
Interpretative Center, Porter-Sawyer Way. Commissioner Eklund-Brown noted they may have trouble with double names in the South Fork area with the lake renamed to Porter Lake but the park remaining South Fork.
Howard Hickson noted if the lake ’s name was changed to Porter Lake the whole area would still be called South Fork and they had the honor of calling the lake, Porter Lake.
Commissioner Russell asked if it would be possible to put up a plaque giving a historical reference and monument to explain how the dam came about.
Commissioner Russell felt they could do that without changing historical names.
He believed they should honor these people before they were dead. He felt that would be acceptable to the State and to the people living in the South Fork area.
Paul Sawyer noted that if they did not have Dale Porter they would not have the lake. He felt that Dale Porter should be recognized. Commissioner Eklund-
Brown believed it should have been named that at the beginning. Paul Sawyer commented that the ranch under the lake was the Porter Ranch but they were not related to Dale Porter. He noted that the Commission should recognize people that do things for the County and for this part of the State and not just by a plaque.
Paul Sawyer stressed that Dale Porter should be recognized because he had done a lot not only at the city but at the county level. He felt the lake should be renamed Porter Lake.
Commissioner Nannini noted he had been friends with Howard Hickson and
Dale Porter for many years. He commented that Dale Porter had done a great job for Elko County. However, he did not see the support for this issue. He believed they could table this to see if they could come up with more support. He asked if they wished to table this matter. Commissioner Nannini asked if there was a timeframe. Cash Minor stated there had been no bill prepared yet. Howard
Hickson stated he would notify Senator Dean Rhoads what their direction was.
Commissioner Russell inquired if there could be a motion stating there would be some type of recognition of Dale Porter’s contribution for the
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establishment of South Fork Reservoir. Commissioner Eklund-Brown commented that Dale and Paul had also been involved in the California Trails Interpretive
Center. She felt Commissioner Russell had a great idea and many times communities recognize individuals that have impacted the communities.
MOTION: Commissioner Warren Russell moved that the Elko County
Commission do an exploratory committee on a physical recognition of Dale Porter ’s important role in the development of the South Fork Reservoir.
Commissioner Warren Russell stated this was a broad umbrella so they could look at all the possibilities.
Commissioner Myers seconded the motion. The motion was passed unanimously.
B. AJR3 - Proposal to revise provisions relating to taking of private property by eminent domain – PISTOL
Robert Stokes noted this proposed an amendment to the Constitution. He noted that the PISTOL initiative was approved by the voters at the last election but the PISTOL Amendment was proposed after the Kelo Supreme Court Case. He noted in that case the court said the government could take away individual’s homes to give to another private property owner for economic development reasons. He noted that was a very unpopular decision across the country.
PISTOL addressed that Court’s decision but there were some onerous provisions when government uses eminent domain for public purposes such as for new roads or other types of public works projects. Robert Stokes commented that
Bruce Woodbury helped draft modifications to the PISTOL initiative. He noted one of the most onerous to local governments would have been any planning and zoning commission action was subject to prohibition. He noted that was not the original intent of the PISTOL amendment. Robert Stokes stated the amended
PISTOL proposal had received wide range support in the Assembly and in the
Senate. Robert Stokes stated he and Commissioner Ellison were at the NACO meeting when they had reviewed this amendment and they supported the legislation. He recommended County support of this proposed Constitutional amendment.
MOTION: Commissioner Myers moved to approve the AJR 3 PISTOL amendment. Commissioner Russell seconded the motion.
The motion was passed unanimously.
C. AB115 – Provisions related to mining mercury emissions
Robert Stokes stated Commissioner Ellison had the opinion that the mines were being punished for their voluntary monitoring system they had put in and this legislation was coming in on top of that. He stated the mines had put in a monitoring system that was actually stronger than what was currently required by federal or state law. Robert Stokes stated Commissioner Ellison asked that they
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oppose this legislation. Commissioner Myers and Commissioner Eklund-Brown agreed with that statement. She believed this was given to Assemblywoman
Lesley by Great Basin Mine Watch. She noted that organization was extreme adversaries of mining in general and would like nothing better than to shut down every mine within the United States. Commissioner Eklund-Brown noted the mines had been doing this voluntarily and have been complying. She stated this person was an employee of the University of Reno and had helped write this bill.
MOTION: Commissioner Myers moved that the Commission not support AB 115. Commissioner Russell seconded the
D. SB96 motion. The motion was passed unanimously.
– Governmental Services Tax
Cash Minor noted they knew this tax as Motor Vehicle Privilege Tax and it was now termed Governmental Services Tax. He stated there was an attempt to lower the rate from four cents to two cents to drop the counties out of the distribution. Cash Minor stated Elko County received 1 million dollars a year from that tax. He had been listening to the hearing that started at 1:30 p.m. today and they were proposing to drop the fifteen rural counties out of the bill but that did not address the tax decrease from 4 to 2 cents so there still may be some fiscal impact. He stated the hearing was still going. He did send a letter opposing the bill and recommended that the Board oppose it.
MOTION: Commissioner Myers moved to oppose Senate Bill 96.
Commissioner Eklund-Brown seconded the motion. The
E. SB49 motion was passed unanimously.
– ABATE legislation regarding motorcycle helmets
MOTION: Commissioner Myers moved to support SB 49 legislation.
Commissioner Myers noted the Commission supported this legislation last time and felt there was more momentum this time.
Commissioner Russell seconded the motion. The motion was passed unanimously.
SJR 2:
Robert Stokes commented that Commissioner Russell had a bill he would like them to consider. Commissioner Russell had been watching the Senate
Judiciary hearings on Senate Joint Resolution 2. He stated this was a proposed
Constitutional Amendment which provides for the initial appointment rather than the election of our Nevada Supreme Court and District Court Judges. He stated
SJR2 would provide for the initial appointment by the Governor of District Court and Supreme Court Justices from candidates recommended by the Commission on Judicial Selection. Commissioner Russell noted that after that there would be a ballot question asking the voters if they want to retain that particular judge. He stated the Judge would have to get 60% of the vote to get appointed or re-elected each time he runs. If the Judge did not get 60% then the Governor would go
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through the process of appointing someone else. Commissioner Russell stated
60% in educational terms was a D – and not very high. He felt this was a modified
Missouri Plan and that plan became a poster child for this type of action. He stated they claimed this would not be political. In SJR2 the Commission on
Judicial Selection would provide three names of potential appointees. If the
Governor did not select one of these, the Commission would forward an additional set of three names. If the Governor did not act on the second set of names, then the Amendment would require that he not be able to make any appointments until he selected one of the three names forwarded during the second time by the commission. Commissioner Russell felt potentially that commission could send in three bogus names that were not good for appointment. Then, when the Governor rejected them because they were not qualified, the commission could send in three names they liked and would be able to stop any reappointment by the
Governor. Commissioner Russell stated the Governor would become a rubber stamp to the commission within a narrow range of choices. Therefore, this process would not only shortchange the voting opportunities of voters but limit the
Governor’s range of choices for appointment. Commissioner Russell stated he had gone through Senator Raggio’s comments and reasons he had made for taking the vote away from the people on District Court and Supreme Court
Justices. Commissioner Russell submitted a written proposal to the Commission.
He noted that the legislature had to approve this resolution twice before it went before the people as a constitutional amendment. Commissioner Russell suggested that it be reviewed. If possible, he felt they should take a joint position on this action. Commissioner Russell felt that Senate Joint Resolution 2 was applying some wrong answers to a minor problem. He stated the legitimate focus of this Resolution were: 1) There was a need for full disclosure for all judges about campaign contributions whenever they hear a case with attorneys, litigants where there may be an indirect appearance of conflict of interest. Commissioner
Russell stated right now if a Judge felt that he could hear the case properly and be impartial, even though the individual had given him money for his campaign; then he did not have to disclose that. Therefore, there needs to be judicial reform and judicial disclosure by the judges. Commissioner Russell noted the second legitimate focus was the need to recognize that there were competing values of independence and accountability, but there was an overwhelming legitimate principle of the people having the freedom to select their own judges.
Commissioner Russell felt this Resolution should be defeated because it reflected that an elite group of attorneys would make better choices than the
“peasants”. He, as a conservative, believed that most of the time citizens would make good choices and taking that right away from them was a disservice and dangerous. Commissioner Russell asked that they review the Resolution and at
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the next meeting he would propose a motion if there was a consensus on this particular issue.
F. Net Proceeds Legislation:
Cash Minor noted there was no bill draft out for that yet.
G. Elko Airport Subsidy Legislation BDR 885:
Cash Minor noted there was no bill draft available.
H. Other Proposed Legislation as may become available.
Commissioner Eklund-Brown inquired if they would review the ones listed:
SB 137 , SB 147 , Eminent Domain , and PISTOL . Roberts Stokes stated they would bring them back on another agenda.
VIII. ELKO ARCHERY CLUB USE AGREEMENT:
Discussion and consideration of approval of the renewal of the use agreement for the Elko Archery Club, non-profit association, to use the site near the Summit Estates on a BLM R&PP lease near the Summit Estates.
Commissioner Myers asked if there were any changes to the agreement.
MOTION: Commissioner Myers moved to renew the use agreement for the Elko Archery Club. Commissioner Eklund-Brown seconded the motion.
Commissioner Eklund-Brown asked if they were complying with the terms of the lease. Kristin McQueary replied they were to the best of her knowledge.
Randy Brown, Planning and Zoning Director, stated yes. They had just finished a plan and completed some upgrades within the last few months. Commissioner
Eklund-Brown stated with regards to the R&PP requirements the County had to fence that area. She inquired if there was a possibility of a partnership effort for the Archery Club to financially participate in the fencing. Commissioner Russell noted the Archery Club had already fenced their portion completely. Randy Brown stated he did not see a reason to bring them in on anything else under the lease because they did not use any of the other portions of that area. He noted for the record that it was under a R&PP patent and not under a lease. Randy Brown clarified that the County owned the land but BLM told them how they could use it.
The motion was passed unanimously.
IX. NORTHEASTERN NEVADA FIRE PROTECTION DISTRICT:
Discussion and consideration of meetings with various land management and resource management agencies and organizations to discuss options to address range and habitat rehabilitation actions to help mitigate the destruction caused by the 2006 Wildfire Season. Discussion to include County efforts to secure federal legislation in a joint effort with other Counties in Nevada and other
Western States and the Western Counties Alliance.
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Robert Stokes stated that Mr. Ellison spoke to him this morning before the
NACO National Legislative Conference being held in Washington D.C. Robert
Stokes stated Commissioner Ellison had met with congressional delegates, and there was a proposal that would put in for emergency funding for not only wildfires but snow damage as well across the nation. He believed it would be attached to the supplemental Iraq funding bill. He stated that proposal was being drafted today. He stated Commissioner Ellison had met with congressional representatives from Utah, Idaho, Colorado, California, and Oregon along with
Mark Walsh of the Western Counties Alliance. Robert Stokes stated that the UNR
Cooperative Extension, BLM, Forest Service, the Department of Emergency
Management and the Nevada Association of Counties were looking to have a wildfire urban interface meeting on the 23 rd of April, probably in Carson City. He stated they hoped to try and help educate the public on better protecting themselves when they do have wildfires near their property.
Commissioner Eklund-Brown inquired if they had heard anything further from Sam Hicks about training and the fire fair they had discussed at the BLM.
Robert Stokes replied in the negative and he would follow up on those matters.
Commissioner Nannini asked if Dan Dallas would be at the Tuesday meeting.
Dan Dallas replied he and Terry Chute would be at Tuesday’s meeting. He could not attend the meeting at the BLM but had followed up on that. He noted their FS liaison meeting would be held on March 13 th with the BLM. Dan Dallas stated that
Joe Freeland would be Acting Field Manager for Helen Hankins. He noted that the Commissioners came up with the idea of holding a fire fair wherein people involved with fire suppression could provide information to the public. Dan Dallas stated that as a follow up to their previous discussion a lot of that centered on the legislation that Commissioner Ellison had been working on. However, that legislation has become a catch all. Dan Dallas stated Commissioner Myers had previously voiced concerns regarding a proposal made to have more of the costs of fire suppression associated with the state and local governments. Dan Dallas stated that proposal was made by the Office of the Inspector General to the federal land management agencies as a way to reduce the costs of fire suppression. He noted that proposal was a political hot potato. He stated their
Forest Supervisor, Ed Monnig, had been in Carson City twice now, because the states recognize the potential of that action. Dan Dallas stated they were trying to resolve the costs associated with the fires.
X. ELKO COUNTY WATER RESOURCE ISSUES:
Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada
Regional Water Authority activities and issues.
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Commissioner Russell had attended the Nevada Water Resources
Association Conference and had also worked at the Central Nevada Water
Regional Authority Booth. He stated they met with the State Water Engineer and his assistant.
Commissioner Eklund-Brown reported that Tracy Taylor, the State Water
Engineer, met with them at the convention to discuss the $3,600 assessment to the Ten Mile District for water resource information. Commissioner Eklund-Brown stated he agreed not to do that for a two year period because of the hardship to the Assessor ’s Office. She stated at that point, they hoped the Assessor’s office would be on line with GIS and it would not be a hardship. She stated then it would be easier for the Assessor to do an overlay on the map and assess those properties. Commissioner Eklund-Brown suggested they send a letter publicly thanking them.
Commissioner Eklund-Brown had received an e-mail about a draft
BARCASS coming out. She noted there may be a hearing in Utah which would show the overlap of aquifers in the Snake Valley area.
Commissioner Russell stated they were very close to a final copy on their
Water Plan for Elko County. He stated David Evetts, of the USGS, was investigating the possibility of modifying the USGS investigation and report so it could specifically relate to the interests of the State Water Engineer.
Commissioner Russell stated he had a copy of David Evetts ’ e-mail to the State
Water Engineer Department. Commissioner Eklund-Brown stated they had discussed that previously. However, there was no overlay because it contained different information than what they needed. Commissioner Russell stated they were trying to save the citizens of Elko County $3,600.00.
XI. METROPOLIS IRRIGATION RESTORATION PROJECT:
Update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop
Creek Dam and a new Recreation Facility consisting of road access, campsites, picnic tables and a dock on the Bishop Creek Reservoir.
Commissioner Nannini stated he had nothing new to report.
XII. TUSCARORA TAVERN – PHASE II & III:
Discussion and update report on the status of the projects to stabilize and restore the historic Tuscarora Tavern building utilizing State Historic Preservation grant monies along with County and local community participation.
Robert Stokes reported that they had completed the shotcrete work with
Thiessen Team USA Inc. and P2 Ready Mix. He noted that once the contractor replaced the sub-floor they would have the building stabilized. Robert Stokes noted last week the Commission on Cultural Affairs granted an additional $85,000
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to work on this project. They would utilize those monies to bring the building up to a standard for public use. Robert Stokes commented that they requested
$260,000 but they had over 40 applicants requesting a total of $11.4 million dollars. He reported the Commission’s budget was only for 3.1 million dollars.
Robert Stokes stated the Cultural Affairs Commission also gave $85,000 to the
Jarbidge Community Hall expansion and $125,000 to the Western Folklife Center here in Elko. Robert Stokes noted that he had drafted a letter to the Cultural
Affairs Commission thanking them for their work because those members donate a lot of their time.
Robert Stokes stated that Foundation 36, which is a historical preservation foundation, gave them $1,750.00 for the Tuscarora Project unsolicited and also gave $1,750.00 to Jarbidge for their project. He would also write a Thank You letter to them. He understood that on the last day of the Commission for Cultural
Affairs’ meeting the Commission was $40,000 over their allotted funding, and
Foundation 36 stepped forward and donated $40,000 so they would not have to spend more time figuring out where they would have to cut that $40,000 from.
Robert Stokes was not familiar with this Foundation but felt they were associated with the Thunderbird Lodge at Lake Tahoe. He asked that the Commission sign the letters of gratitude.
Roberta Skelton noted they did receive $85,000 for the Jarbidge reconstruction project and they also received the $1,750.00 from Foundation 36.
She felt they should thank Leslie Paul because she wrote the grants. Robert
Stokes noted that Leslie Paul gave a good presentation and she was able to clarify several issues. He believed that was why Jarbidge was able to receive the
$85,000 grant funding.
Commissioner Eklund-Brown asked that the companies, Queenstake,
Thiessen Team USA Inc., and P2 Ready Mix be given plaques in appreciation for their participation on the Tuscarora project. Robert Stokes stated they planned on doing something for the private individuals that participated from those companies.
XIII. BOARD OF COUNTY HIGHWAY COMMISSIONERS:
Highway Chairman Myers called the Highway Commission to order at 3:06 p.m. and adjourned the meeting at 3:20 p.m.
XIV. ELKO COUNTY PLANNING AND ZONING DIVISION:
A. Currivan Appeal Hearing Date:
Discussion and consideration of approval of a date for a Public Hearing in the matter of an appeal of the Planning and Zoning Commission denial in the case of the Currivans’ Tentative Map for Division Into Large Parcels. Staff recommends March 21, 2007.
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Randy Brown stated the Attorneys for the Currivans have requested that they hear it on April 5 th because the Currivans would be out of town until then.
MOTION: Commissioner Myers moved to schedule the hearing for
April 5, 2007. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.
B. Street Vacation Resolution:
Discussion and approval of a resolution confirming a previously approved street vacations in the Midas Community for Kenneth Klamm and the Friends of
Midas.
Kristin McQueary stated she had changed the form and would not use a
Resolution. She stated the Klamms and the Friends of Midas did get them all the paper work to prepare the necessary paper work so this item had been dealt with.
XV. NORTHEASTERN NEVADA REGIONAL RAILPORT:
A. Discussion and consideration of the resolution for the approval of a negotiated sale of approximately 44 acres of land at the Railport site in accordance with NRS Chapter 244.
Robert Stokes asked them to table this agenda item. Chairman Nannini tabled XV - A.
B. Discussion and consideration of the selection of a professional geologist to conduct geological surveys on the Railport property.
Randy Brown stated they had received one Statement of Qualifications for
Professional Services from SRK Consulting. He stated in reviewing their qualifications they were qualified and staff recommended that they proceed with negotiations for a contract with SRK Consulting.
MOTION: Commissioner Myers moved to give authorization to negotiate with SRK Consulting. Commissioner Eklund-
Brown seconded the motion.
Commissioner Eklund-Brown disclosed that Randy Brown was her husband and there was no pecuniary interest .
The motion was passed unanimously.
C. Discussion and consideration of issues related to the Northeastern
Nevada Regional Railport including options with regards to the development, operation and management of the Railport and Industrial Park. Possible issues for discussion and action may include Committee recommendations with regard to the lease, sale or contracting out of all or portions of the Railport and/or Industrial
Park along with potential recommendations for contracting with consultants for various components of this project.
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Robert Stokes stated staff did not have anything at this time. He asked that this be continued to the next meeting.
XVI. COMMISSION AND COMMITTEE REPORTS:
Commissioner Nannini:
City of Wells – No report was given.
Heart Project - Wells Tire Recycling Plant – No report was given.
City of West Wendover – No report was given.
Library Board of Trustees Liaison – No report was given.
Hospital Board – He stated there was a meeting held last night.
Fair Board – No report was given.
Central Dispatch Administrative Authority – No report was given.
Indigent Accident Fund Board – No report was given.
USFS Liaison / BLM Liaison – No report was given.
Sheriff Department Liaison – No report was given.
Nevada Division of Forestry Liaison – No report was given.
Commissioner Russell:
Museum Board – No report was given.
Local Emergency Planning Committee (LEPC) – No report was given.
Central Nevada Regional Water Authority (CNRWA) – No report was given.
Humboldt River Basin Water Authority (Alternate) – No report was given.
Public Lands Use Advisory Commission (PLUAC) – He received a copy of the report from NNSG. He stated it was an excellent report and felt after it was modified it would be made an addition to the Elko County Public Land Use Plan.
He noted Commissioner Eklund-Brown was the prior liaison to PLUAC and had worked on that County Public Land Use Plan.
Nevadaworks (Alternate) – No report was given.
Nevada Association of Counties (NACO) Board – No report was given.
Northern Nevada Regional Transit Coalition (Alternate) – No report was given.
Water Planning – No report was given.
Spring Creek Association – He had attended their meetings.
Regional Transportation Commission (RTC) – No report was given.
Commissioner Eklund-Brown:
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City of Carlin – There was a presentation by three developers who were doing a cost share on a NDOT traffic study. She stated they would be breaking ground after the traffic study at the end of April. There would be a travel center, a
Scoreboard facility with the Holder Group, and an 80 acre/350 home development.
She stated they extended a huge Thank You to the County Commission for their help in making that happen.
Tuscarora Community – No report was given.
Recreation Board – No report was given.
Nevada State Land Use Planning Advisory Commission (SLUPAC) – No report was given.
Humboldt River Basin Water Authority – She and Commissioner Russell met with the legislators. They received a study done by Desert Research Institute
(DRI) so they would probably apply for more SB 62 money to accumulate more data on those basins.
Northeastern Nevada Stewardship Group – No report was given.
Mining Sustainability – There would be a meeting next Monday.
China Spring/Aurora Pines Advisory Committee – She stated BDR-563 which would tie the state down to $50.63 cost share, per bed, per day because the
State kept fluctuating the percentages of their contribution to the facility. She stated this bill would also include the Spring Mountain facility and the state would contribute to both programs based on the prior year. She encouraged support of the bill.
Central Nevada Regional Water Authority (CNRWA) – No report was given.
BLM Liaison, BLM – RAC, California Trails Center Board – No report was given.
BLM Jarbidge RMP Liaison – No report was given.
ECCWMA - Noxious Weed Liaison – There would be a Weed Summit on
May 1, 2007 from 1:00 p.m. to 5:00 p.m. at the Convention Center.
USFS Liaison – Mt. City Ranger District Grazing EIS – No report was given.
Water Planning – No report was given.
ECEDA (Alternate) – She had given the information to Charlie Myers.
Commissioner Myers:
Elko County Economic Diversification Authority (ECEDA) Board – No report was given.
City of Elko – No report was given.
Regional Transportation Commission (RTC) – No report was given.
Nevada Department of Transportation (NDOT) Liaison – No report was given.
Northern Nevada Regional Transit Coalition – No report was given.
Auditorium Authority Board (ECVA) – No report was given.
Nevadaworks – No report was given.
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Wildlife Advisory Board – No report was given.
Wildlife Arbitration Board – No report was given.
Nevada Division of Wildlife Liaison – No report was given.
Nevada Division of Forestry Liaison – No report was given.
Sheriff Department Liaison – No report was given.
Commissioner Myers would be making the South Fork Master Plan meeting at 7:00 p.m. at the Convention Center.
Commissioner Ellison:
Commissioner Ellison was absent so no reports were submitted.
Nevada Association of Counties (NACO) Board President – No report was given.
Governor’s Transportation Blue Ribbon Task Force – No report was given.
Debt Management Committee – No report was given.
Senior Citizens – No report was given.
Humboldt River Basin Water Authority – No report was given.
Nevada Fire Safe Council – No report was given.
Insect Abatement – No report was given.
XVII. COMMISSION MEETING CALENDAR:
March 21, 2007 -- 1:30 p.m. – Elko – Courthouse
April 4 & 5, 2007 -- 1:30 p.m. – Elko – Courthouse
April 18, 2007 -- 1:30 p.m. – Elko – Courthouse
MOTION: Commissioner Myers moved to approve. Commissioner
Russell seconded the motion. The motion was passed unanimously.
XVIII. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:
There was no discussion held on the correspondence and notices received by the Commission
XIX. CONSENT AGENDA:
A. Presentation and review of claims for approval
B. Review and approval of travel requests that may be pending.
MOTION: Commissioner Myers moved to approve the Consent
Agenda with whatever changes that Sheri may have submitted at the last meeting. Commissioner Russell seconded the motion. The motion was passed unanimously.
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XX. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Commissioner Russell had testified on a bill that would double the CCW costs that was promoted by the Sheriffs’ and Police Chiefs’ Association. He stated it was sponsored by Clark County. He noted that Assemblyman Carpenter felt that the bill would not go forward.
XXI. ADJOURNMENT
MOTION: Commissioner Myers moved to adjourn the meeting.
Commissioner Eklund-Brown seconded the motion. The adjourned. motion was passed unanimously.
There being no further business coming before the Board, the meeting was
APPROVED,
MIKE NANNINI, Vice-Chairman
ATTEST:
MARILYN TIPTON, Deputy Clerk
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