Minutes

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STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.
MAY 3, 2006
The Board of Elko County Commissioners met on May 3, 2006, at 1:30 p.m., in
Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.
There were present:
County Commissioners
County Manager
CFO/Asst. Co. Mgr.
Deputy District Attorney
Deputy County Clerk
Sheriff’s Department:
Road Supervisor
Juvenile Department
District Attorney
Library Ast. Dir.
Cooperative Ext.
Planning & Zoning Dir.
Warren Russell, Chair
John Ellison
Mike Nannini
Charlie Myers
Sheri-Eklund-Brown
Robert Stokes
Cash Minor
Kristin McQueary
Marilyn Tipton
Neil Harris
Otis Tipton
Pat Plaster
Michael Pedersen
Gary Woodbury
Laura Oki
Jay Paxson
Randy Brown
--The proceedings were as follows:
CALL TO ORDER:
Chairman Russell called the meeting to order at 1:35 p.m.
PLEDGE OF ALLEGIANCE:
Commissioner Eklund-Brown led the meeting participants in the Pledge of
Allegiance.
COMMENTS BY THE GENERAL PUBLIC:
Commissioner Russell noted they had guests in the audience. Mitchell
Schroeder, Les Peterson, Kade Anderson, Darryl Carpenter and Cody Dalton
were Elko High School students attending the meeting for an English assignment.
JARBIDGE SOUTH CANYON LEGAL CASE:
Gary Woodbury reported that the environmental groups had filed a
protective notice of appeal. He stated the appeal was from the Order Denying
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their Motion for Reconsideration. Gary Woodbury stated they wanted the Court to
look at whether they had been properly prevented from intervening. He stated
when they filed that Protective Notice of Appeal they asked Elko County for a
Stipulation to delay the briefing pending the outcome of the main part of the case.
Gary Woodbury stated they had not reached that Agreement when the Ninth
Circuit Court of Appeals notified them that the case had been selected for
mediation. He stated on June 1, 2006 they would have a telephone conversation
with one of the Ninth Circuit mediators. Gary Woodbury stated they would hold a
preliminary discussion regarding settlement. He commented that just before they
left Reno, Mike Freeman, the attorney for the environmental groups, suggested
that the case may be settleable. He noted Mr. Freeman sent them a follow up
letter suggesting that they may want to go back and accept the Easement under
FLPMA. Gary Woodbury had written a response letter stating Elko County wanted
an RS 2477 Easement and if his clients could live with that RS 2477 then his
clients might have a maintenance program in mind that Elko County may consider.
Gary Woodbury stated they had not received a response from Mr. Freeman. He
commented that an Appeal from a Motion of Reconsideration was limited to a few
issues, whether the Court made an error of law in denying the environmentalists’
intervention or whether there had been a change in the law. Gary Woodbury
stated neither had occurred so he felt the Appeal would be short. He stated if the
environmentalists develop a maintenance proposal that the County may accept for
settlement then he would bring it before the Commission and Otis. Commissioner
Eklund-Brown felt that Gary Woodbury proved the case well if they wanted to
discuss this with him. Gary Woodbury stated they could not predict anything.
Commissioner Eklund-Brown felt the environmentalists’ Maintenance Agreement
might be similar to the Settlement Agreement.
INTERIM LEGISLATIVE REPORT:
Commissioner Russell stated Joe Guild was attending Bill Van Norman’s
funeral but he would try to attend their meeting later this afternoon.
ELKO COUNTY WATER RESOURCE ISSUES:
Commissioner Eklund-Brown reviewed issues brought up at the April 26,
2006 S.C.R. 26 Water Resources Committee Meeting held here in Elko. She
stated that at the Monday meeting of the Central Nevada Regional Water
Authority they learned about the Churchill County’s water planning for local
government. She commented Churchill County showed beneficial use through
irrigation until those water rights were needed. She had conveyed this to Elaine
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Barkdull of ECEDA. Commissioner Eklund-Brown stated the County might be
able to use some of those railport water rights and put them to beneficial use.
Commissioner Eklund-Brown stated they had discussed the BLM filing for
water rights and this group may follow Humboldt River Basin Water Authority’s
opposition to the State Engineer’s decision. She stated it would take legislative
action to change the law the way it was written for wildlife use.
Commissioner Russell stated part of the proposal under Senate Bill 62 was
to develop a web site and information base that could be used throughout the
State. He reviewed the sample of Lake Tahoe Integrated Information System
website. Commissioner Russell stated the Central Nevada Regional Water
Authority hoped to pattern their website similar to Lake Tahoe’s.
Commissioner Russell stated that at the Legislative Committee on Water
Resources he represented Elko County. He reviewed his proposal to ask the
State Engineer through this committee, perhaps through legislation, to consider
giving temporary permits when there were interbasin transfers. Commissioner
Russell commented that the mining had temporary permits issued until the use of
the mine was over. He was looking at a similar impact with a temporary permit
which would last only three to five years. At that expiration time, a public hearing
could be held for renewal of the permit and there could be research upon the
impact of drawing the aquifers down. Commissioner Russell stated currently the
State Engineer had not curtailed water once the water was permitted. He stated
this would give the State Engineer an opportunity to control it. He cautioned that
once water was being piped out of the County and if there were impacts to the
environment, economics, culture, and watersheds, there would be no restraint
once the permanent permit was issued. Commissioner Russell stated their
proposed action was to give the State Engineer the ability to issue a temporary
permit and then come back after three or four years before issuing that permanent
permit to review it objectively.
Commissioner Eklund-Brown noted that Commissioner Russell had also
recommended they review and revise the State Water Plan which was well
received. It was also recommended to fund the State Engineer’s Office to the
point wherein they could actually provide more information and do more research.
Commissioner Eklund-Brown stated the BLM-RAC meeting held on Friday
had looked at cooperative agency status on the Southern Nevada Water Authority
pipeline. She commented Eureka County was denied agency status previously.
She had been advised that Elko County should reapply. Commissioner EklundBrown stated their research had found eleven hydrographic basins were common
between Elko and White Pine counties. She stated Eureka County had two
common basins and Nye County had one basin in common with White Pine
County. Commissioner Eklund-Brown stated the BLM felt the common basins and
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the water flow system would qualify Elko County for an individual cooperating
agency status on the proposed pipeline. Commissioner Eklund-Brown suggested
that action be placed on their next agenda for Elko County. She believed their
water consultant should sit on that Board to advise them if they get a seat at the
table. Commissioner Russell cautioned the Board that should they be granted
cooperative agency status then it would require funding. He stated if they use a
water consultant then it would cost some money so they would have to make
budgetary adjustments. Commissioner Eklund-Brown stated the Board would
have to discuss whether they wanted to buy in as one of the CNRWA counties to
become a cooperative agency status or did Elko County want to file independently
and put that amount of time and expense into it. Commissioner Eklund-Brown
commented that these were technical teams so she suggested the Elko County
water consultant attend those scoping meetings.
NORTHEASTERN NEVADA REGIONAL RAILPORT:
Commissioner Ellison departed the meeting room at 1:56 p.m. due to a
conflict of interest.
Elaine Barkdull commented that she had listened to Commissioner Myers’
radio program upon the closing date of the property. She commented they had
coordinated the date with some of the State Officials and the Union Pacific
Railroad for the groundbreaking ceremony. The groundbreaking ceremony was
scheduled for June 23, 2006. She stated they would be sending invitations out in
the next few days. Commissioner Russell stated he had an Albuquerque meeting
scheduled previously and asked if they could look at another date. Elaine Barkdull
stated if another date was requested it would probably have to be held sometime
in August. She stated the committee consisting of Paul MacDonald, Union Pacific
Railroad Regional Manager, Steve McLaws, and the Lieutenant Governor’s Office
would have to be contacted and the key person in the scheduling was Steve
McLaws with the Union Pacific Railroad. Elaine Barkdull suggested that they
contact Steve first to try to reschedule. Elaine Barkdull noted that as soon as the
ceremony received media coverage it would act as an announcement.
Commissioner Russell gave administrative direction that Commissioners EklundBrown and Myers see that the purchasing subcommittee made the transition into a
planning and operations subcommittee.
Commissioner Russell asked
Commissioner Myers to chair that committee. He felt that Robert Stokes and
Cash Minor should be staff members and Elaine Barkdull as the formal member
should also be placed on that subcommittee. Commissioner Russell stated other
members could be appointed to that subcommittee at a later date. Elaine Barkdull
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felt other parties should be involved such as Union Pacific, Randy Brown and
NDOT. Elaine Barkdull suggested that they hold the groundbreaking ceremony on
a Friday or Saturday because companies may want to be at the celebration.
Elaine Barkdull would speak with Steve McLaws about rescheduling that date.
She asked if Commissioner Myers would make that decision in coordination with
staff. Robert Stokes asked her to submit the dates to him and he would
coordinate between the Commissioners and staff.
Elaine Barkdull stated they had just received a copy of the first draft of the
Business Plan Phase 1 and 2 written by Railroad Industries. She would like to
submit the report on May 17th to the Commission. Commissioner Myers noted that
there would be financial closing on Friday and property closing on next Friday.
LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES:
Laura Oki reported the Library Board of Trustees met on April 18th and their
main concern was the budget. They appreciated the County Commission
approving the bookkeeper’s position. Laura Oki stated the Library must maintain
a five year master plan and they were in the process of drafting that plan. She
reported that “Just Desserts” fund raising event brought in over $9,000 for books.
ELKO COUNTY JUVENILE PROBATION DEPARTMENT:
Mike Pedersen commented that the written Juvenile Detention and the
Juvenile Probation Monthly Reports were previously submitted. He reported that
the visitation exchange trailer was completed other than waiting for the ramp and
the stairs to be build. He noted ten to fifteen individuals had donated time,
materials or labor to complete that project. Mike Pedersen explained that when
parents go through a divorce they have to meet to exchange children for
visitations. He stated the Juvenile Department was providing a program where
one parent would drop the child off and leave, then the second person would
come to pick up the child. Commissioner Russell inquired about the extended
time between pickups. Mike Pedersen stated the drop offs and pickups were
prearranged through his office to make sure appropriate staff was present.
Commissioner Eklund-Brown inquired about the cost for the security metal
detector. Mike Pedersen stated they priced them at $2,700 and so far they had
secured about $2,000. He stated Wal-Mart had heavily contributed to this
program. Commissioner Myers inquired if Wal-Mart received recognition for those
contributions.
Commissioner Ellison returned to the meeting room at 2:13 p.m.
Commissioner Eklund-Brown inquired about the methamphetamine
problems he saw coming through the Juvenile Detention Center. Mike Pedersen
referred to the written report and the offenses itemized on the second page. Mike
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Pedersen stated of the sixteen kids currently going through the Drug Court
Program he believed that thirteen were involved with methamphetamines. He
stated the Treatment and Education Substance Abuse (TESA) Program ran by
Ronnie Dixon currently had four to six children and the high majority of them had
used meth. Commissioner Eklund-Brown inquired about their success rate. Mike
Pedersen stated 86 juveniles had gone through their program and they were
tracking the success rate to see if there were relapses. Commissioner EklundBrown inquired about the Teen Drug Court and Mike Pedersen stated that court
had been in operation since August 2004. Commissioner Russell noted that
across the Nation there had been an increasing problem with meth and he asked
that Mike look at their statistics to see if Elko County was similar to the National
trend. Mike Pedersen noted that the information given to them by John Ellison on
the Montana Methamphetamine Program was a very good advertisement tool. He
had involved the PACE Coalition after viewing that disc. Mike Pedersen noted
PACE had a lot of the numbers and could show the trend in the substance abuse.
Commissioner Eklund-Brown reminded him the China Spring meeting would
be held on Wednesday.
FY 2007-08 IV-D Welfare and Child Support Grant:
The Board considered approval of the FY07 and FY08 Budget for the IV-D
Welfare and Child Support Grant.
Pat Plaster stated the IV-D budget request was before them. She stated
they had to reapply to get these funds. Pat Plaster stated they had recouped
$69,000 dollars so far and it would be approximately $90,000 by the end of the
fiscal year. She stated this grant paid for any Family Court matters pertaining to
welfare and child support. Pat Plaster stated the State paid 70% of the Court
Master’s time on those types of matters and 66% of the Court Clerk’s salary, and
66% of the secretarial salary was recouped. She stated Shirley put in a request
for new court equipment, phone system, a printer for that office and supplies.
Commissioner Eklund-Brown inquired if Cash Minor had reviewed the application.
Cash Minor recommended approval of the Grant.
MOTION: Commissioner Eklund-Brown moved to approve the FY
2007-2008 budget for the IV-D Welfare and Child Support
Grant. Commissioner Myers seconded the motion. The
motion was passed unanimously.
Pat Plaster reported that they had received three new computers for Family
Court. She stated that they would put together a methamphetamine report.
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UNR AGRICULTURAL EXTENSION SERVICE:
Jay Paxson submitted a written report on issues and activities of the UNR
Agricultural Extension Service. He noted there were no West Nile Virus cases
reported in Nevada but there were some reported in California. Jay Paxson
reported that the State Extension Veterinarian, Dr. David Thain had spoken with
Dr. Bradford Lee, the Nevada State Health Office, about the possibility of giving
the Commission a presentation on West Nile Virus and Avian/Pandemic Influenza.
Commissioner Russell suggested that they hold a public meeting and the County
could be one of the sponsoring agencies for that meeting. Jay Paxson stated he
would be receiving a weekly update from Dr. David Thain on Avian/Pandemic
Influenza and he could forward that e-mail information to them.
Jay Paxson stated Scott Monsen of the Washoe County Health Department
would perform the mosquito monitoring. He would let them know when they
performed that monitoring.
Commissioner Myers inquired about mosquito treatments and commented
the water was running very fast now. Jay Paxson did not think that larvacide
treatment would be done this year.
Lori Gilbert, of KELK, asked when the best time was for them to bait for
crickets. Jay Paxson replied just when they start moving because they would be
very small. Lori Gilbert inquired if the County would be participating. Cash Minor
stated those calls should be referred to the Department of Agriculture in
Winnemucca because they would provide that bait. Jay Paxson stated that he
had information through the Department of Agriculture on who to contact. Lori
Gilbert noted at Western Hills this weekend the Mormon Crickets were hatching
out of the ground. Commissioner Ellison noted that area was sprayed last year.
Commissioner Nannini asked that Commissioner Ellison contact them when
he had information on the spraying schedule from the State.
SAFETY COMMITTEE REPORT:
Robert Stokes stated there was nothing to report.
NATIONAL ASSOCIATION OF COUNTIES (NACO):
2006 PILT 30th Anniversary Fly-In – Washington, DC
Commissioner Ellison discussed the recent NACO Payment in Lieu of Taxes
(PILT) meeting with Congress in Washington, DC. He and Cash Minor had met
with several Congressional representatives from various states. Commissioner
Ellison stated they were six signatures short from a walk through on the Senate
side. Commissioner Ellison felt that it looked positive that they would maintain the
current budget. Commissioner Ellison had testified regarding the CDBG grants.
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Commissioner Eklund-Brown inquired if the Western Counties Alliance had
worked with them. Commissioner Ellison noted one of their representatives went
with them. He reported there was some conflict between NACO and the Utah
Western Alliance but they had lobbied very hard.
Commissioner Eklund-Brown hoped they could coordinate on the RS 2477
legislation. Commissioner Ellison stated some of the western Senators wished to
resubmit the bill. Commissioner Eklund-Brown noted that bill was more BLM
specific so she had given them their prospective. She felt they would consider the
Forest Service in the next bill. Commissioner Nannini asked if Gale Norton had
changed that law before she left. Commissioner Eklund-Brown replied Gale
Norton had changed just the policy but not the law.
U.S. AIR FORCE - MILITARY OPERATIONS AIR SPACE:
Commissioner Eklund-Brown had asked the BLM and the Forest Service to
overlay the expansions on their maps regarding the preliminary proposals to
designate additional military operations air space in Elko County for military flights
from Hill Air Force Base and Mountain Home Air Force Base. Commissioner
Eklund-Brown noted the BLM had prepared the map with the overlay of the
expansion. She was completely opposed to both of these expansions based on
information received from Joe Aguirre with regards to the impact on the taxes, the
impact on the private pilots, and the environmental impacts. Commissioner
Eklund-Brown noted there was no financial benefit to Elko County. She believed
50% of Nevada in restricted airspace was sufficient. Commissioner Eklund-Brown
believed that if the Air Force wanted more airspace they needed to go in the
States they were located in and make their requests. She felt Nevada was being
taken advantage of because of the remoteness. She believed they should fight
this. Commissioner Myers commented the BLM had submitted a great map. He
noted they talked about altitudes but he asked them to look at the layers of the
MOAs. Commissioner Myers agreed there would be an impact on taxes because
there would be no commercial travel so he did not support the MOAs.
Commissioner Ellison stated he had flown through this area several times but it
was very difficult to get clearance. He stated if they increase the MOAs it would
be more difficult for the commercial and private pilots.
Commissioner Nannini stated they addressed this issue several years ago
and there was testimony in Owyhee from several businesses and individuals. He
noted the Fish and Wildlife had testified on the death toll of wildlife, on newborns,
etc. Commissioner Nannini stated the Air Force did not do what they said they
would do. He stated the young pilots get overzealous and fly under the ceiling, go
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off the radar and then they deny that it ever happened. Commissioner Nannini
stated people had testified they lost windows out of their homes and the ranchers
had a 50% calf crop. He felt they need another hearing to review this.
Robert Stokes stated they had previously sent a letter to the Hill Air Force
Base. Commissioner Eklund-Brown noted Hill Air Force Base had revised their
plan and suggested they send another letter to Hill Air Force Base. Robert Stokes
noted they had never received a response from their previous letter. He
commented they were in good company because the Nevada State Governor had
not received a response from his correspondence either. Robert Stokes felt a
second letter to Hill Air Force Base and one to the Mountain Home Air Force Base
would be appropriate. Commissioner Ellison asked that a copy of their letter go to
Senator Ensign and Congressman Gibbons.
MOTION: Commissioner Myers moved that they strongly oppose any
additional proposals designating any additional air space
either from Mountain Home Air Force Base or Hill Air Force
Base and direct staff to draft letters for the chairman’s
signature and send them out like they did the last time when
they opposed this project. Commissioner Eklund-Brown
seconded the motion.
Commissioner Nannini commented that when they look at the flight patterns
in Nevada they would see the additional extensions would encompass the whole
area of Nevada. He suggested that they get a copy of the map showing all the
flight paths to see the total extent of coverage in Nevada.
The motion was passed unanimously.
ELKO COUNTY PLANNING AND ZONING DIVISION:
Private Property / Public Lands Boundary Fencing Issues:
Dr. Calton Lewis discussed fencing issues related to the boundary between
private property and public land grazing allotments. Dr. Lewis commented that he
bought grazing rights from the Tomeras in 1987 on two BLM allotments. He
reported that he purchased unwanted rangeland from the State Park. He stated
that if developers could buy land at $25.00 per acre and sell it for $3,000 per acre
he believed the developers should follow the NRS for Open Range and fence it.
Commissioner Russell left the meeting room and Commission Ellison
assumed control of the meeting at 2:53 p.m.
Dr. Calton believed that if fencing was performed prior to the development
then peace and tranquility would prevail. Dr. Calton Lewis stated Lucky Nugget II
was developed by Tom Pratt and in speaking with Mr. Pratt he was informed that
every person who purchased in Lucky Nugget II had a deed stating it was an
Open Range State and they must fence their own property. Dr. Calton Lewis
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reviewed a phone call received from a landowner in Lucky Nugget II who
threatened to kill his cattle but refused to fence his property.
Commissioner Russell returned to the meeting room and assumed control of
the meeting at 2:57 p.m.
Dr. Lewis reported a governmental employee occupied a portion of another
section who allows his horses to run on the River Allotment year around. He
reviewed the map depicting the private property in the middle of his grazing
allotments. Dr. Lewis reported upon the loss of 800 acres of grazing land due to
the encroachment of development. Commissioner Eklund-Brown inquired in
which allotment the horses were trespassing on. Dr. Lewis stated the River
Allotment which was 6,000 acres. He had spoken to the BLM about this. Dr.
Lewis stated the third section was developed by Bob Heil which prevented his
cattle access to the other two sections. He stated the Ten Mile section was also
being developed but the private property was not being appropriately fenced.
Dr. Calton Lewis submitted his written proposal and read it into the record.
The proposal requested the County Commissioners pass an Ordinance requiring
any developer past, present or future to abide by the NRS by fencing out the
private property to be developed before any structures were built inside a
recognized BLM grazing allotment.
Commissioner Ellison stated he had
contacted the State of Nevada to get copies of the NRS and riders regarding
Open Range. He reported that he and Commissioner Eklund-Brown had been
working with residents in Osino and Ryndon to install a cattle fence. Dr. Calton
Lewis clarified that most people had good cattle fences in Lucky Nugget II but it
was the people without fences that wanted to shoot the cows.
Dr. Calton Lewis had spoken to Assemblyman Carpenter who informed him
that the Open Range Law was hanging by a thread. He stated the County would
have to take action. Commissioner Ellison noted there were laws on the books.
Dr. Calton Lewis stated those laws were not being enforced.
Commissioner Eklund-Brown noted there was checkerboard land throughout
the State which created management problems for the private property owner, the
ranchers and the BLM. Commissioner Eklund-Brown noted subdivisions and
cattle did not mix well but the areas he was discussing were pre-subdivision law.
Commissioner Eklund-Brown would like to see a fencing requirement on the book
for the County. She noted that if damage was done to private property owner’s
property, that did not have a legal fence, then that property owner did not have a
civil recourse to go after the rancher. Commissioner Eklund-Brown stated the
County could not go retroactive on the older subdivision and pass a fencing
Ordinance. She noted this Commission did support ranching and this was another
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interface area between cattle and subdivisions. Dr. Calton Lewis reviewed a
conversation he had with Commissioner Eklund-Brown wherein she felt that
Hamilton Stage Road was public. Commissioner Eklund-Brown noted they had
spoken about moving a cattleguard from Lucky Nugget II to BLM property
adjacent to his property. Dr. Calton Lewis stated he was told that he was required
to put in 25 foot wide cattleguard on a road that the County did not take care of.
Commissioner Russell requested clarification from Planning and Zoning on what
was required of these subdivisions in this case.
Randy Brown stated there was no Ordinance stating the County required
fencing on new subdivisions. However, that was a requirement they had been
making for several years. Randy Brown explained that there were several
methods of subdivision. He stated there was a division of lands which allowed for
40 acre parcels. Randy Brown commented that Dr. Calton Lewis’ parcel was only
forty acres and he operated a cattle ranch off of it. He stated that if they require
fencing on large parcels then there would be miles of fencing. Commissioner
Russell suggested an alternative that stated if there was a new structure built then
they would be required to fence off at least one acre out instead of fencing the
larger parcel. Randy Brown stated that could be attached to a building permit but
it would be an unfunded mandate. He noted the Open Range Law itself did not
require mandatory fence out. Randy Brown commented that they now have rights
of way that were fenced which created a corridor for the cattle. He stated the
corridor was grazed and created a health and safety issue with the traffic.
Commissioner Russell asked that Commissioners Eklund-Brown and Ellison form
a subcommittee to come up with solutions in dealing with this issue.
Commissioner Eklund-Brown stated she and Commissioner Ellison had dealt with
similar issues in Ryndon and Osino. Randy Brown stated they did the County
roadway permits for every road right of way and the minimum road width was 26
feet. Dr. Calton Lewis questioned how they could require a 26 foot cattleguard
when the County did not maintain the road. Randy Brown stated until they change
the policy, the minimum roadway width was 26 feet and the County already
maintained 1100 miles. Randy Brown stated he would present it to the Planning
Commission and ask for suggestions to come back to this Board.
Commissioner Eklund-Brown stated she would be meeting with the BLM
tonight and would ask them about the horse trespass issue before them. She
stated that the Commission may reduce their road standards which would allow
smaller cattleguards on the less traveled roads. However, in the event that they
developed a larger traffic count then the developer would have to put in a larger
cattleguard. Dr. Calton Lewis noted the BLM had offered to take the used
cattleguard and move it. He asked to be notified when the Planning Commission
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would meet. Randy Brown replied the next Planning Commission meeting would
be held on May 18th at 5:00 p.m., in Room 105 of the Courthouse.
Dr. Calton Lewis inquired if they could draft an Ordinance. Commissioner
Russell stated the Commission did have legislative abilities but there were NRS
statutes that govern their approach to Ordinances. He stated they have to hold
public hearings and draft documentation. Dr Calton Lewis noted that Western
Hills was a subdivision and the County did not take care of subdivision roads. He
believed that if the County did not take care of the road then they could not
designate what size of cattleguard he puts in.
Commissioner Ellison stated the subdivision was encroaching upon the
rancher. Randy Brown stated the new subdivisions now were required to be
fenced with fence standards set by the State and it was addressed through the
Planning Commission. Randy Brown stated the division of land in large parcels
really created the problem because they were dealing with a large amount of
acreage. Randy Brown cautioned them it was private property.
Commissioner Nannini noted Mr. Gourley fenced Adobe Heights when that
was developed. He stated in the past it took the Commission three years to go
through this issue. Randy Brown suggested the Board attach that requirement to
the building permits. Commissioner Eklund-Brown commented that Realtors
disclose that Nevada was an Open Range State when selling property outside of
the City limits. Commissioner Nannini commented they had problems of fencing
out even on State ground. Randy Brown agreed and stated it was also a problem
in the County rights of way.
Kristin McQueary felt the most cost effective way was run an educational
campaign through Building and Zoning and ask the various cities to notify their
fringe areas that they live in a fence-out-state. Kristin McQueary stated that if they
make it a requirement on the building permits for already divided property then
they would have to perform a Business Impact Statement because of the cost of
fencing materials. Kristin McQueary felt an educational program would not be as
costly and would not require a Business Impact Statement.
Robert Stokes clarified that Commissioner Eklund-Brown had been working
on a smaller sized cattleguard in the area. He stated the Commission had
expressed an interest in a minor road designation to look at a narrower road width
with more relaxed standards.
Mike Martindale stated he was a co-owner on an allotment with his Fatherin-Law, Don Farmer which was adjacent to Dr. Calton Lewis. He stated there was
a proposed subdivision coming into his area. He wanted to be proactive on
upcoming issues. He stated Judge Crane would be developing next to them.
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Commissioner Eklund-Brown clarified that would be Prime Development.
Commissioner Russell suggested he speak with Randy Brown on future
development. Mike Martindale stated research clarified that Hamilton Stage Road
was a County road.
Midas, Nevada 3rd Street Vacation Request - Kenneth Klamm:
The Board considered a street vacation request by Kenneth Klamm to
vacate a portion of 3rd Street in Midas, Nevada between Main Street and West
Street, further described as follows: Town of Midas (Gold Circle) as filed AOfficial
Map of Gold Circle@ in the office of the Elko County Recorder. A portion of the
Right of Way commencing Between Lot 24 (Parcel 8) of Block O and Lot 13
(Parcel 10) of Block J of Gold Circle (Midas) as shown on the Official Plat of Gold
Circle, Nevada. Said strip of land contains an area of approximately 6000 square
feet. The owner of said property was Elko County.
Randy Brown stated this was taken to the Planning Commission on March
16, 2006. He reported the Planning Commission recommended abandonment on
the west side of this street. Randy Brown stated this street went straight up the
hill and there had been no opposition to the request. He stated there was
secondary access to the area via West Street and Strike Street. He stated staff
recommended approval of the abandonment of this road right of way.
Commissioner Ellison inquired who would be doing the surveying. Randy
Brown stated that was a requirement of the applicant. He clarified the applicant
would be entitled to a strip of land 30’ wide x 100’ long for the length of Lot 13,
Block J and the same for Lot 24 of Block O. He stated the applicants were
required to obtain a legal description from a land surveyor licensed in the State of
Nevada, at their expense.
Commissioner Nannini inquired about the use of this strip. Randy Brown
replied it would be used as a yard.
Kristin McQueary requested a time limit be set on the receipt of the map and
legal description such as six months.
Commissioner Eklund-Brown commented that they had several come
forward and others had been rejected because of the effect to adjacent property
owners. She inquired what made this request different. Randy Brown stated this
house sat back off of Main Street and the street went straight up the hill next to
them and cannot be developed. Randy Brown noted the other requests that came
before them were in the flat area.
MOTION: Commissioner Myers moved to approve the request by
Kenneth Klamm to vacate a portion of 3rd Street in Midas,
Nevada, between Main Street and West Street, further
described as follows: Town of Midas (Gold Circle) as filed
AOfficial Map of Gold Circle@ in the office of the Elko County
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
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Recorder; a portion of the Right
Between Lot 24 (Parcel 8) of Block O
of Block J of Gold Circle (Midas) as
Plat of Gold Circle, Nevada.
Randy Brown suggested a deadline of one year to
of Way commencing
and Lot 13 (Parcel 10)
shown on the Official
perform the survey and
map.
Chairman Russell asked for public comment. Kenneth Klamm previewed
pictures of the area showing the steep grade up the hill. There was no public
objection to the street vacation.
Commissioner Myers amended his motion to include the
deadline of one year to file the survey and map.
Commissioner Ellison seconded the motion. The motion
was passed unanimously.
Chairman Russell called a recess at 3:34 p.m., the meeting reconvened at
3:44 p.m.
CERTIFICATE OF ACHIEVEMENT:
The Board considered presenting a Certificate of Achievement to Elko High
School student Scott Mills for his Nevada Forensics League State Championship.
MOTION: Commissioner Eklund-Brown moved to present a Certificate
of Achievement to Elko High School student Scott Mills for
his Nevada Forensics League State Championship.
Commissioner Myers seconded the motion. The motion
was passed unanimously.
Commissioner Russell stated he was one of the Judges at the Elko contest
and presented the certificate to Scott Mills.
HUMBOLDT RIVER BASIN WATER AUTHORITY:
The Board considered a request from the Nevada Cattlemen’s Association
that one of the Elko County representatives on the Humboldt River Basin Water
Authority be appointed from their organization.
Commissioner Russell stated there were three County voting positions on
that Board and Commissioner Ellison volunteered to become an alternate. He
stated the Cattlemen’s Association had submitted three candidates: Craig
Spratling, Preston Wright, and Mark Hooper.
Commissioner Eklund-Brown noted that Craig Spratling had performed a lot
of research lately on Bishop Creek Dam and felt he was familiar with the water
rights allocation in the area. Commissioner Russell felt they were all qualified.
ELKO COUNTY COMMISSION
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MAY 3, 2006
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14
MOTION: Commissioner Ellison moved to approve Craig Spratling of
Deeth as a voting member to sit upon the Humboldt River
Basin Water Authority.
Commissioner Eklund-Brown
seconded the motion.
The motion was passed
unanimously.
Jerry Parker noted they were also authorized to have more than one
alternate and suggested they appoint the remaining candidates as alternates.
MOTION: Commissioner Nannini moved that Preston Wright and Mark
Hooper be selected as alternates to sit upon the Humboldt
River Basin Water Authority.
Commissioner Myers
seconded the motion.
The motion was passed
unanimously.
INTERIM LEGISLATIVE REPORT:
Joseph Guild, Lobbyist for Elko County, asked if there were potential issues
or legislation they wished to submit for the upcoming 2007 Session of the Nevada
Legislature. He stated Andrew List was scheduled in the next few weeks to give
them a report from NACO. Joe Guild had recently spoken to Assemblyman
Carpenter and Senator Dean Rhoads.
He stated Senator Rhoads was
undertaking an effort in response to the Jon Marvel’s (Western Watershed
Projects) Injunction filed against the IL lease wherein Ellison Ranching had been
leasing some of the IL range. Jon Marvel filed an injunction to have the Ellison
cattle taken off of the IL Lease. Joe Guild commented the State may become
involved due to the impact on the economy of a significant industry within the
State.
Joe Guild noted there were two tax propositions being presented through the
initiative process. He stated one was similar to a property tax cap 13 proposal
being proposed by Assemblywoman and Congressional candidate Sharon Angle.
He stated Senator Bob Beers’ proposal was a spending control “Task Initiative”.
Joe Guild stated AB 489 was being discussed. He stated NACO would propose a
package to address some of the concerns of rural counties that were different than
urban counties. Joe Guild stated they hoped to draft a reasonable, rational and
appropriate technical correction bill to AB 489. He asked the County to review
that and let him know how that bill would impact them. He stated the two tax and
spending initiatives of Ms. Angle and Mr. Beers would not be good for rural
counties. He felt that legislation should come from an elected body. He noted the
Task Initiative was a constitutional change and could only be changed by another
initiative.
Joe Guild noted another issue was the Property Owners’ Bill of Rights. He
reviewed the United States Supreme Court’s Opinion last year upon the use of
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
PAGE
15
eminent domain by an entity to accomplish redevelopment. Joe Guild noted in the
majority opinion Judge Stevens told local governments that they should try to fix
this. He believed that opened the door for State Legislatures to fix this issue. Joe
Guild stated there was an initiative being circulated called the Property Owners’
Bill of Rights. He voiced concern that if through the power of eminent domain the
local government did not put the property to use for what they had condemned it
for properly, within five years; it reverted back to the private property owner. Joe
Guild asked them to review that initiative. He stated Senator Rhoads would try to
offer some ideas through the legislative process rather than trying to solve it
through an initiative.
Joe Guild stated that with regards to the franchise issue, the legislative
committee would not propose any legislation during the next session. He stated
Senator Townsend wished to do away with franchise fees. He asked them to let
him know if they wanted him to get involved on that issue.
Joe Guild stated the Health Care subcommittee was studying services for
the treatment and prevention of substance abuse so there would be some
legislation proposed regarding methamphetamine concerns.
Joe Guild stated NACO was going to try to do an initiative related to
unfunded mandates but they decided not to submit that.
Joe Guild stated the interim water study committee had been meeting and
he had followed that closely. He believed there were not a lot of substitute things
offered to change the Water Law. He felt the Nevada Water Law was sound.
There was a suggestion to dip into the surplus that the State would have and add
more funding to the Technical Assistance Fund to help protect the water rights.
Joe Guild stated the Humboldt River Basin Water Authority had received a water
grant to help inventory some of the water in the Humboldt River Basin.
Joe Guild stated if the Commission had any pro active legislation he asked
them to submit that to him within the next month. He stated they would need to
get sponsorship for that legislation. Robert Stokes asked them to submit it to him
first and they would start working with Joe Guild. Robert Stokes suggested they
look at the maintenance districts for subdivisions and some of those impacts. He
asked the Commission to give him any suggestions so they could discuss
legislative action with Joe Guild.
CERTIFICATE OF ACHIEVEMENT:
The Board considered presenting a Certificate of Achievement to the Spring
Creek High School Girls’ Basketball Team for their first NIAA 3A State
Championship.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
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MOTION: Commissioner Eklund-Brown moved to present a Certificate
of Achievement to the Spring Creek High School Girls’
Basketball Team for their first NIAA 3A State Championship.
Commissioner Ellison seconded the motion. The motion
was passed unanimously.
Commissioner Eklund-Brown made the presentation of the Certificates. She
noted that their Coach had been with the team for four years and was retiring.
She stated their new varsity Coach was Sarah Arendt who was present today.
INTERIM LEGISLATIVE REPORT (Continued):
Commissioner Eklund-Brown commented that the County was encouraging
Senate Bill 62 to be funded above or at the same level because of all the issues
throughout the State. She understood that there may be potential conflicts with
water issues and they might have Michael Buschelman represent them in Carson
City. She agreed that more funding should be given to the State Engineer’s Office
to enable them to gather more information for their decisions. Commissioner
Eklund-Brown stated they hoped for temporary permitting which would give the
ability to the State Engineer to reduce the amount of appropriation if there were
substantial impacts.
Commissioner Eklund-Brown noted OHV licensing was discussed at the
public land boards. She felt the trail groups and the dealers supported that
licensing and the Division of Wildlife would administer that program.
Commissioner Eklund-Brown noted SB 40 allowed counties to designate rights of
way for OHV use but it was very restrictive at the County capacity. She stated
Kristin McQueary was reviewing the statutes. Joe Guild inquired what the
problem was with implementation.
Kristin McQueary stated the enabling
legislation allowed private four wheeler dealers to perform the licensing scheme.
However, the dealers had to pay for the forms and the hardware to process it but
the dealers could not charge for their expenses. Robert Stokes believed the
Governor had looked at it as a tax increase during the last session and withdrew
his support of it.
Commissioner Ellison commented that there were several State petitions
going around. He believed the sentiment of the groups throughout the State were
not in favor of any ballot initiatives. Joe Guild reviewed the presentation being
given to the public upon the initiative being proposed by Senator Beers. He noted
this could go upon this general election ballot but it also had to be passed upon a
subsequent general election ballot. Joe Guild commented if Senator Beers was
defeated in the gubernatorial race there was a question of who would push that
initiative toward the second ballot because he believed that election and Senator
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
PAGE
17
Beers’ initiative were tied together. He noted some larger businesses and the
Teachers’ Union were against this initiative.
Joe Guild stated there would be State surplus estimated at ½ billion dollars.
He felt it would be a good time to fund Senate Bill 62 and get more money for
Technical Assistance.
Commissioner Eklund-Brown noted that Jerilyn Underwood had problems
with grant administration on a specific program. Cash Minor stated they had
converted the welfare grant to a community action group. Commissioner EklundBrown noted that had created more workload in the local offices coming down
from the State.
Commissioner Eklund-Brown noted that Kristin McQueary had spoken about
the privacy act and the cost to eliminate the Social Security Numbers from all of
the public offices. Kristin McQueary commented that there were three bills passed
requiring the Clerk’s and the Recorder’s to white out the Social Security Numbers
which was an unfunded mandate. She stated several of the County Offices were
taking their site off of the web because they could not check all documentation for
those numbers. Kristin McQueary noted that Social Security came into effect in
the late 1930’s so there was a tremendous amount of documentation that carried
those numbers. Joe Guild stated NACO was working on that issue and would
probably speak with them on that issue. He believed NACO would bring
legislation forward because it was a unanimous request by all the counties.
Commissioner Russell felt Elko County would support any bill that was
related to the funding of the Great Basin College whether it was for expansion,
development of facilities, etc.
Commissioner Russell stated there was concern voiced at the Blue Ribbon
Task Force meeting that the State may want to give State highways to the
counties. Commissioner Ellison commented that the State was looking at
advalorem and fuel increases to do the super highways. He stated one of the
proposals discussed was a mandate that all counties be brought up to the 9 cents
fuel tax or it would be legislatively implemented. He felt there would be a financial
impact back to the County.
Commissioner Russell stated that there were several water issues which
Elko County would ask him to be neutral toward the two entities that he
represented. One issue was the existing water plan for the State of Nevada was
begun in 1996 and was completed in 1999. Commissioner Russell commented
that if in 2007 they begin updating the plan it may take three years for completion.
He felt that 10 years was not an unreasonable time to do a major review of the
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
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18
State Water Plan. Commissioner Russell felt it was objective for all entities
involved to have a major review.
Commissioner Russell believed that SB 62 funding should be used for
planning purposes as well as for development of County Water Plans.
Commissioner Eklund-Brown noted there was an interest from students to
move the Mackay School of Mines to the Great Basin College. She believed Elko
County offered more opportunity for the students to participate in state-of-the-art
mines and be actively engaged in the mining community. She noted enrollment
had dropped in Reno and there were no mining sites available for the Reno
students. If based here it might improve that enrollment. Joe Guild stated he also
represented Newmont and he suggested a communication from the County to the
mining communities to see if the companies would be interested in that move.
Commissioner Nannini commented that Commissioner John Ellison would
be President of NACO next year and possibly the Chairman of the County
Commission.
Chairman Russell called a recess at 4:42 p.m. and reconvened the meeting
at 4:48 p.m.
CONSENT AGENDA:
Approval of Preceding Minutes:
March 1, 2006: 1. Board of County Commissioners
2. Jackpot Town Board
March 2, 2006: 1. Board of County Commissioners
2. Board of County Highway Commissioners
March 15, 2006: 1. Board of County Commissioners
2. Board of County Highway Commissioners
Presentation and review of claims for approval.
Review and approval of travel requests that may be pending.
MOTION: Commissioner Myers moved to approve the Consent
Agenda.
Commissioner Eklund-Brown asked that Item A (approval of preceding
minutes) be removed.
Commissioner Myers amended his motion to exclude Item A
approval of the preceding minutes. Commissioner EklundBrown seconded the motion. Commissioner Ellison was
absent during the vote. The motion was passed by majority
vote.
Commissioner Russell explained that Commissioner Ellison was absent at
this time due to an electrical problem at the airport.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
PAGE
19
COMMISSION AND COMMITTEE REPORTS:
Commissioner Myers:
Elko County Economic Diversification Authority (ECEDA) Board - There was
a retreat scheduled for 8:00 a.m. to 2:00 p.m., on Saturday to set the direction of
economic development for Elko County. He would attend and give them an
overview.
City of Elko Liaison - He was out of town at the time of the meeting.
Regional Transportation Commission (RTC) – No report given.
Auditorium Authority Board (ECVA) – They were looking at changing the
meeting from the 16th of May to the 18th of May for the final budget submission.
Wildlife Advisory Board – No report was given.
Wildlife Arbitration Board – No report was given.
Nevada Division of Wildlife Liaison – No report was given.
Commissioner Eklund-Brown:
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
PAGE
20
City of Carlin – No report was given.
Recreation Board – No report was given.
Nevada State Land Use Planning Advisory Commission (SLUPAC) – No
report was given.
Public Lands Use Advisory Commission (PLUAC) – She was out of town
and Robert Stokes attended that meeting. Robert Stokes reported that they
looked at the MOA issues and looked at the draft of the County Public Land Use
Plan.
Robert Stokes stated he, Commissioner Eklund-Brown and John
Harmening would meet and go over that.
Northeastern Nevada Stewardship Group – No report was given.
Mining Sustainability – No report was given.
China Spring / Aurora Pines Advisory Committee
- She stated a meeting
th
was scheduled on the 10 of May. She noted the legislature increased the
allocation to the County and staff was increased. Cash Minor noted that in the
past the County budget closed on May 15th and then they were notified of what
their China Spring allocation was about May 30th and it was usually increased. He
suggested that any changes in the amount to be allocated from the County be
submitted every year for the tentative budget which was in the middle of April. He
noted that the County’s public hearing was held on May 15th and their budget was
closed. Robert Stokes suggested she request their allocation amount be given to
the County each year during the tentative budget process.
Central Nevada Regional Water Authority (CNRWA) - No additional report
was given.
Water Planning (Alternate) No additional report was given.
BLM Liaison, BLM – RAC, California Trails Center Board – She reported
there was a RAC meeting in Eureka last Friday. They discussed the BLM water
right filings and there was a presentation on sage grouse projects. She reported
the BLM had been developing rangeland monitoring partnerships wherein the
permittees would be doing some of the monitoring. She stated the BLM were
having monitoring schools and providing education because they did not have the
staff to do the proper monitoring. She reported that Penny Woods was the new
groundwater manager for the BLM groundwater projects. She commented that on
the 15th of June there would be a meeting in Ely with Penny Woods and Hugh
Ricci to discuss his opinion on the BLM filings for different purposes and explain
his comments on the EIS. Commissioner Eklund-Brown stated it looked like the
project would be going forward with the scoping. She suggested someone from
the HRBWA attend that meeting. She stated the California Trails Center was
going to bid thanks to Senator Reid.
ELKO COUNTY COMMISSION
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MAY 3, 2006
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ECCWMA - Noxious Weed Liaison – There was a weed meeting held last
night. She asked Cash Minor if they run that program through the County would it
affect the County insurance. Cash Minor asked her to discuss that with him later.
USFS Liaison – Mt. City Ranger District Grazing EIS – She was attempting
to get information from the UNR on the EIS. She received an e-mail from Tom
Harris that they would be putting together an Economic Impact Statement for Elko
County’s grazing and its impact to the economics.
Commissioner Ellison:
Commissioner Ellison was absent at this time. Therefore, no reports were
given for the following committees:
Nevada Association of Counties (NACO) Board
Governor’s Transportation Blue Ribbon Task Force
Debt Management Committee
Nevadaworks
Senior Citizens
Humboldt River Basin Water Authority
BLM Liaison
Nevada Fire Safe Council
Nevada Division of Forestry Liaison
Water Planning (Alternate)
Commissioner Nannini:
City of Wells – He encouraged them to attend the BTI grand opening to be
held on the 19th of May from 1:00 p.m. to 4:00 p.m. He commented it was a great
asset to Wells.
Heart Project - Wells Tire Recycling Plant – He stated they had the money in
place to start on the building in the industrial park. He reported that Scott Egbert
was the contractor who was awarded that bid.
City of West Wendover – No report was given.
Hospital Board – He stated they would meet tonight and it was one of the
two public hearings to be held this year.
Fair Board – He stated tomorrow they would discuss the 4-H restrooms. He
reported the old restrooms were torn down.
Juvenile Committee – No report was given.
Central Dispatch Administrative Authority – He reported that Robert Stokes
had taken over his position as Chairman and was representing the County.
USFS Liaison – He stated they met with one of the Forest Service personnel
on the trails development.
ELKO COUNTY COMMISSION
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MAY 3, 2006
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Commissioner Nannini stated they had been diligently working with the
clinic, the hospital, and the college to resolve some issues.
Commissioner Russell:
Museum Board – No report was given.
Local Emergency Planning Committee (LEPC) – No report was given.
Central Nevada Regional Water Authority (CNRWA) – No report was given.
Humboldt River Basin Water Authority – No report was given.
Library Board of Trustees Liaison – No report was given.
Nevada Association of Counties (NACO) Board – He had testified before the
State Legislative committee on water resources and also testified for Elko County
on medical and emergency treatment. He believed they may get some one-time
funding for ambulances with a 75/25 match.
Nevada Department of Transportation (NDOT) Liaison – No report was
given.
Northern Nevada Regional Transit Coalition – No report was given.
Water Planning – No report was given.
Nevadaworks – No report was given.
Spring Creek Association – He stated the SCA was evaluating and
developing a new strategy for the use at the Horse Palace.
Commissioner Eklund-Brown inquired about the PUC meetings. Robert
Stokes stated Pam Borda was in Carson City today and she may be attempting to
get a standing for the Spring Creek Association.
Regional Transportation Commission (RTC) – No report was given.
COMMISSION MEETING CALENDAR:
May 15, 2006 – 4:00 p.m. – Final Budget Adoption -- Elko – Courthouse
May 17, 2006 – 9:00 a.m. – Elko – Courthouse
June 7 & 8, 2006 – 1:30 p.m. – Elko – Courthouse
June 21, 2006 – 9:00 a.m. – Elko – Courthouse
July 6, 2006 -- 10:00 a.m. – Elko – Courthouse – No Meeting July 5, 2006
MOTION: Commissioner Myers moved to approve the Commission
meeting calendar. Commissioner Nannini seconded the
motion.
The motion was passed by majority vote.
Commissioner Ellison was absent during the vote.
CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:
There was no discussion held on the correspondence and notices received
by the Commission.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
PAGE
23
COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Robert Stokes stated they had a complaint with regards to addresses and an
individual had problems with the Postal Service at one address location. He
stated one department in the County had received the individual’s address and it
was not forwarded to the other offices. Robert Stokes stated they would look at
sharing that information among the departments.
Commissioner Eklund-Brown stated there would be a meeting held tonight
at 7:00 p.m. in Osino. She stated they would try to explain the road easement and
would be taking their questions.
ADJOURNMENT:
MOTION: Commissioner Myers moved to adjourn the meeting.
Commissioner Nannini seconded the motion. The motion
was passed unanimously.
There being no further business to come before the Board, the meeting was
adjourned.
APPROVED,
WARREN RUSSELL, Chairman
ATTEST:
MARILYN TIPTON, Deputy Clerk
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 3, 2006
PAGE
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