Elko County Board of Commissioners
Commissioners
Sheri Eklund-Brown
John Ellison
Charlie Myers
Mike Nannini
Warren Russell
Elko County Manager
Robert K. Stokes
STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.
JULY 18, 2007
The Board of Elko County Commissioners met on Wednesday, July 18, 2007, at
11:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko,
Nevada.
There were present:
County Commissioners
Elko Co. Manager
Deputy District Attorney
Deputy County Clerk
Sheriff
Undersheriff
Planning & Zoning Dir.
NDF
Forest Service
BLM
John Ellison, Chair ABSENT
Mike Nannini
Charlie Myers
Sheri Eklund-Brown
Warren Russell
Robert Stokes
Kristin McQueary
Marilyn Tipton
Dale Lotspeich
Rocky Gonzales
Randy Brown
Tom Turk
Dan Dallas
Gene Seidlitz
--The proceedings were as follows:
CALL TO ORDER:
Vice-Chairman Nannini called the meeting to order at 11:30 p.m.
Commissioner Nannini noted for the record that Commissioner Ellison was
absent today and had been attending the National NACO Conference.
I. COMMENTS BY THE GENERAL PUBLIC:
No comments were submitted.
ELKO COUNTY COMMISSION
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VII. MOMENT OF SILENCE IN MEMORY OF DAN SHAW:
Vice-Chairman Nannini called for A Moment of Silence to remember Dan
Shaw, Newmont employee, who lost his life in a recent incident at the Midas Mine.
Elko County expressed its deepest condolences to Mr. Shaw’s family, friends and
coworkers.
MOTION: Commissioner Myers moved to approve sending a letter to
Mrs. Shaw. Commissioner Eklund-Brown seconded the
motion. The motion was passed unanimously.
Commissioner Nannini read the letter into the record.
Vice Chairman Nannini commented that due to the fires they eliminated
the Commissioners’ road trip to Midas, Tuscarora and Mountain City.
II. ELKO COUNTY PLANNING AND ZONING DEPARTMENT:
Road Dedication Request:
Jerry Carr Whitehead – Clubine Road:
Discussion and consideration of approval of a road dedication request on
Clubine Road located in Sections 9 & 16 T. 33 N., R.58E.
Randy Brown presented the parcel map that they had under alternate
compliance last month. He stated the applicant did change his mind and wished
to offer the roadway for dedication. He stated it met all county and state statutes
so staff recommended acceptance of the road for public use without maintenance
even though it was on a publicly maintained road.
MOTION: Commissioner Myers moved to approve the road dedication
request on Clubine Road located in Sections 9 & 16 T.33N.,
R.58E., for Jerry Carr Whitehead, without maintenance.
Commissioner Russell seconded the motion. The motion
was passed unanimously.
Commissioner Eklund-Brown asked about the ten year reference. Randy
Brown stated they would provide a copy of the minutes to be added to the map.
XXI. NEVADA DIVISION OF ENVIRONMENTAL PROTECTION:
Discussion and consideration of comments regarding the NDEPT Draft Air
Quality Permit No. AP 4911-1349 for the Newmont Nevada Energy Investment,
LLC near Dunphy, Nevada and all other matters related thereto.
Robert Stokes stated the Commissioners wrote a support letter in 2004 and
this was the second comment period. He stated this would be the second letter to
be sent on this project.
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MOTION: Commissioner Myers moved to approve a support letter for
the Newmont Nevada Energy Investment, LLC near Dunphy,
Nevada. Commissioner Russell seconded the motion. The
motion was passed unanimously.
XXII. UNITED STATES FOREST SERVICE:
Discussion and consideration of comments on the Open Space
Conservation Strategy that addresses the issue of loss of space in forest lands
and all other matters related, thereto.
Commissioner Eklund-Brown requested this be put on their agenda. She
noted that there was concern expressed from the American Planners’ Association
of potential impacts to private lands and federal intervention into private zoning
issues. She believed that it was in a cooperative status and had asked Randy
Brown to review this plan. Randy Brown read his written comments into the
record. He noted his comments were based on a quick review because he had
received the strategy at 4:30 p.m. yesterday. He wished to take more time to
extensively review the document. Within the letter, he noted the federal agency
was concerned with the loss of open space per day but believed Elko County had
the opposite concern. He also voiced concern about the conservation of private
land rights at the expense of the private ownership rights. Randy Brown believed
the buffer zones between private lands and forest boundaries should be
developed upon the forest. Randy Brown felt that the Conservation Easements
had become tools promoted in the nation to limit or restrict open space lands from
future development. He believed the intent of these easements was for perpetuity
which changed the virtue and value of the property. He voiced support of the
development of a regional or local strategy but believed the Open Space
Conservation Strategy proposal pertained to areas in the East and Midwest where
there were areas of heightened loss of open space lands.
Commissioner Myers felt that Randy Brown’s review was well written.
Commissioner Eklund-Brown noted it was a national strategy and felt it
would be individually specific to every area they go into. She noted with Elko
County being 72% federal between BLM and the Forest Service it was a lot to ask
the private land owner to restrict their property for more open space. She noted
there were issues with wildfires and access to get the equipment to fight those
fires. Commissioner Eklund-Brown felt the FS promoted this being voluntarily with
the private landowner. She believed it had to be voluntary because the statutes
and codes do not restrict the urban interface areas. She noted defending these
interface areas was a huge issue. Commissioner Eklund-Brown supported the
concept of going forward with the cooperative planning efforts with all land
management agencies and honoring the private property rights. She believed that
Randy Brown’s comments were very true upon the amount of ranchers looking at
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Conservation Easements in the County and how it restricted the land and the
heirs. Robert Stokes suggested that the other Commissioners submit their
comments to him or Commissioner Eklund-Brown and between Commissioner
Eklund-Brown and Randy Brown they could develop a letter to be submitted.
Commissioner Russell understood other actions taken by the federal
government inclusive of NEPA required them to consult with local land use
policies and plans. He inquired if this strategy would interface with the local land
use plan or would this strategy be implemented without any reference to Elko
County plans or consultation. Commissioner Eklund-Brown stated this was an
outreach by the Forest Service to work with the County as a cooperative agency.
Commissioner Eklund-Brown noted that now the County had to request
cooperative agency status with the federal agencies on their land management
issues. She believed the Forest Service was requesting to work with the locals on
the interface issues and nothing would be mandated by the federal government.
She stated that there would be no laws coming down, it was just a cooperative
outreach strategy to work on the areas of concern due to the fires. She believed
that there were other issues involved such as wildlife corridors, migration, noxious
weeds, etc. Commissioner Eklund-Brown stated there were different pools of
money available for the different uses. Commissioner Russell stated he did not
object to working on the interface areas but shared some of Mr. Brown’s concerns
regarding the actions to be taken on private property. He believed there should be
some response to the Forest Service in terms of their responsibility on public
lands and their actions. Commissioner Russell would like to see clarification in the
Forest Service comments that this would be done in cooperation with Elko County
planning; that it would reflect the philosophy of the land use planning in Elko
County and there would be consultation with the local government in the land use
plan process. Randy Brown stated in his brief review of the strategy; he
understood this was a national strategy, being developed as a national strategy
versus a local or regional strategy. Randy Brown felt it should be developed as a
regional or local policy individual to every specific area. He noted there were
national details in the strategy.
Commissioner Nannini asked that the
Commissioners get their comments to Commissioner Eklund-Brown or Robert
Stokes.
MOTION: Commissioner Eklund-Brown moved to send letters of
comments on the Open Space Conservation Strategy
incorporating Planning and Zoning Division’s comments
and any Commissioners’ comments and County Manager’s
comments. Commissioner Myers seconded the motion.
The motion was passed unanimously.
IV. 2007 WILDFIRE SEASON UPDATE:
ELKO COUNTY COMMISSION
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JULY 18, 2007
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Discussion and consideration of any wildfire updates as may be available to
report to the Commission and all other matters related thereto.
Tom Turk, NDF, publicly thanked the Commission and the different County
departments within for their support to them and their partners during this fire
season. He gave an agency update of the fires inclusive of two new fires in
Eureka County with structure threats. He noted they had predicted red flag
warnings tomorrow and commented upon the cold fronts with winds. Tom Turk
submitted an update upon the Hepworth Complex and the Winecup Complex.
Tom Turk stated the Red House Fire Complex was comprised of four fires and
located in Eureka and Elko Counties. He reported that the fire was moving North
and the Stampede Ranch may become threatened. He noted Sam Hicks would
be there today. He reported that Jon Griggs of the Maggie Creek Ranch and Dan
Grey from the TS Ranch were their rancher liaisons on that fire. Tom Turk
commented that they were actively managing twenty fires.
Commissioner Eklund-Brown inquired what fire was west of town bringing in
smoke. Tom Turk stated that could either be the Maggie Creek Fire or the Red
House Complex smoke. He reported that there was a 3,000 acre fire at a place
called Cow Camp on the Adobe Range which was 80% contained.
Gene Seidlitz, Acting Field Manager for the BLM, asked if the Argenta Rim
Fire was part of a complex being managed by a Type I Team from Battle
Mountain. Tom Turk stated that fire was located in Lander, Eureka and Elko
Counties and they have discussed whether to manage that fire with the Antelope
Complex. Commissioner Eklund-Brown inquired if the interstate was still open.
Tom Turk stated within the next half an hour they were looking to close I-80. He
noted that within the last week they have had the Interstate shut down several
times anywhere from an hour to four or five hours because of the fires.
Commissioner Myers noted there was an issue when the NDF crews were
trying to go through dispatch to speak with the Nevada Highway Patrol to close
the Interstate. However, they could not reach them because of the 800 MHz
system. He commented that there was a NDOT road crew in the area who
informed the NHP to contact dispatch. Tom Turk noted that both NDOT and NHP
were both on the 800 MHz system. He stated the fire fighting forces and the local
government were not tied into the 800 MHz tree. Commissioner Myers asked
about the road from Carlin to Eureka. Tom Turk stated there were meadows
between the fire and the highway but it could hit the 278 highway. Gene Seidlitz,
representing the BLM, publicly thanked Robert Stokes and the interagency folks,
the Commissioners, NDF, Forest Service, the Weather Service, NDOT, NHP, etc.,
for all their support during the fire season. He stated there were extreme fire
conditions in the northern Great Basin. He commented upon the experienced
firefighter who became a burn victim when the fire conditions changed quickly. He
appreciated the press release thanking the fire fighters. Gene Seidlitz handed out
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the latest BLM news release. Commissioner Nannini stated yesterday night he
saw the fire fighters in action. He noted the Sheriff’s Department and NHP moved
traffic the best they could and the volunteer fire fighters came from Jackpot and
Wendover to fight the fire in the Wells area. He commented that town volunteers,
Wells Rural Electric, and Randy Dedman of the Wells Fire Department put out the
Angel Lake fire. He thanked everyone for their cooperation on the fires.
Commissioner Nannini stated he had been in contact with Robert Stokes and
knew what was going on with regards to all the fires. Sheriff Lotspeich reported
that last night at the MAC meeting they were concerned about the structure threat
in Spring Creek. Sheriff Dale Lotspeich stated Undersheriff Rocky Gonzales
developed an evacuation plan but the fire threat died down. He noted a radio DJ
made the situation seem very dramatic. He stated they would draft evacuation
plans for every subdivision area by the week’s end so the dispatchers could use
them and that would allow them to plan their resources. Commissioner Myers
noted he had received a call from only one radio communication and doubted it
would be on the other radio stations. Undersheriff Rocky Gonzales stated KRJC
had broadcast a radio program on fire preparedness.
Commissioner Russell stated there were two big fire areas in his district this
year from the multitude of strikes in the area. He noted this was the first time he
was aware that the Sheriff’s Department checked out the lightning strikes. He
believed that would help the NDF and the firefighters. He reported that in Starr
Valley they commented about the Sheriff’s participation on the fires.
Commissioner Eklund-Brown inquired about the Road Department.
Commissioner Nannini stated they were moving the equipment up and down the
highway. Tom Turk echoed the compliments to the Sheriff’s Department. He
stated they were considering awareness training because they would be the ones
to evacuate the public. He cautioned that they were in harm’s way as well as the
firefighters. Tom Turk stated they were currently hauling one of their dozers with a
County tractor and they have had water truck support on the Stevens Fire from the
Road Department. He stated that their MAC briefing of the Commissioners and
public has be changed to one-half hour later to streamline the meeting to 7:00
a.m. and 18:30 p.m. Commissioner Myers noted that he would have Robert
Stokes relay the information to him because he noticed at the last meeting there
were too many people at the MAC meetings. He believed they were better
prepared for the fire seasons, unfortunately, the fire seasons were getting worse.
He felt they should follow up at the end of the season to improve the process for
the future. Tom Turk believed they have made great strides with the movement of
equipment and the interagency cooperation. He stated the outside people think
they were a model operation.
Dan Dallas, U.S.F.S. Mountain City District Ranger, stated in addition to
Agency Administrator he was an Operations Section Chief for an Incident
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Management Team. He noted last week he had been in Jackpot and then in the
Mountain City District with the Management Team. Dan Dallas stated that
because of the previous conflict in Jarbidge; he believed Elko County had a bad
reputation with some of the federal agencies. However, the various Incident
Management Teams have seen the cooperation on the fires and the involvement
of the County Commissioners; seeing the County blades out; the NDF and the
Sheriff’s Department with evacuation plans in their hands. He believed some of
the bad reputation was through the ranchers but with the amount of acreage being
burned the ranchers had legitimate concerns. Dan Dallas stated some of them
have been chasing their cattle for three days in a row from fires so he understood
why they would be short tempered. He believed that there has always been a
struggle to get resources because most of the resources go to the urban areas or
districts with trees. Dan Dallas stated the public was becoming aware of the huge
impact out here and they were competing better for the critical resources.
Commissioner Eklund-Brown noted the ranchers were monitoring the instances
better. Dan Dallas stated yesterday they had multiple fire starts from the lightning.
He stated that there were fire instances reported to dispatch but by the time they
got there, the ranchers and people had put out the fires. At other instances the
resources put out the fire, and the ranchers showed up and watched for hot spots.
Commissioner Russell noted there had been a small fire at the Spring Creek
Sports Complex and two men from the neighborhood had put out the fire within
ten minutes, before the Sheriff’s Deputy arrived.
Commissioner Eklund-Brown inquired if there was better communication to
the ranchers and if there were ranch liaisons so there would be less livestock
losses. Dan Dallas felt that was working real well. He stated they used liaisons
before and the ranchers were getting experience on how the process worked. He
noted on an initial attack, if they see cattle in the area bottled up, they cut the
fence.
DECLARATION OF EMERGENCY - 2007 WILDFIRE SEASON:
The Board considered adoption of a Declaration of Emergency 2007
Wildfire Season, Resolution No. 11-2007, entitled: A RESOLUTION OF THE
ELKO COUNTY BOARD OF COMMISSIONERS DECLARING A DISASTER
DUE TO THE WILDFIRE DAMAGE IN ELKO COUNTY, STATE OF NEVADA,
AND THREATS TO THE PUBLIC SAFETY OF ITS CITIZENS.
MOTION: Commissioner Myers moved to approve the Declaration of
Emergency for the 2007 Wildfire Season. Commissioner
Russell seconded the motion. The motion was passed
unanimously.
Commissioner Nannini read the Declaration of Emergency into the record.
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JULY 18, 2007
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V. 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.
Commissioner Eklund-Brown seconded the
motion.
Commissioner Eklund-Brown inquired about approval of the step increase in
the Assessor’s Office. Robert Stokes replied that was an automatic increase.
The motion was passed unanimously.
XXIII. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:
No discussion was held on the correspondence and notices received by the
Commission.
XXIV. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
No comments were submitted.
XXIX. ADJOURNMENT:
MOTION: Commissioner Russell moved to adjourn the meeting.
Commissioner Myers seconded the motion. The motion
was passed unanimously.
There being no further business to come before the Board, the meeting was
adjourned.
APPROVED,
MIKE NANNINI, Chairman
ATTEST:
MARILYN TIPTON, Deputy Clerk
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JULY 18, 2007
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