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.
AUGUST 6, 2008
The Board of Elko County Commissioners met on Wednesday, August 6, 2008 at
12:00 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
Library
Sheriff
Undersheriff
Road Supervisor
Planning & Zoning Dept.
Mike Nannini, Chair
John Ellison
Charlie Myers
Sheri Eklund-Brown
Warren Russell
Robert Stokes
Kristin McQueary
Marilyn Tipton
Jeanette Hammons
Dale Lotspeich
Rocky Gonzales
Otis Tipton
Randy Brown
--The proceedings were as follows:
CALL TO ORDER:
Chairman Nannini called the meeting to order at 12:00 p.m.
I.
LABOR NEGOTIATIONS:
CLOSED LABOR SESSION: Session with the County’s management
representative pursuant to NRS 288.220 to receive update on status of labor
ELKO COUNTY COMMISSION
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PAGE 1
negotiations. No action may be taken upon a matter raised under this item of the
agenda until the matter itself has been specifically included on a successive
agenda and identified to be an action item
MOTION: Commissioner Ellison moved to go into Closed Door
session. Commissioner Myers seconded the motion. The
motion passed unanimously.
The Board returned to regular session and Chairman Nannini called a
recess at 12:52 P.M.
CALL TO ORDER
Chairman Nannini called the regular session to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Russell led the meeting participants in the Pledge of
Allegiance.
II.
COMMENTS BY THE GENERAL PUBLIC:
There was no public comment submitted.
III.
CERTIFICATES OF APPRECIATION:
Discussion and consideration of approval of Certificates of Appreciation
to the Elko County Public Lands Use Advisory Commission (PLUAC)
members, Fred Zaga, Jack Prier, Mike Martsolf and John Harmening, in
appreciation for their many years of work on public lands issues as members of
the PLUAC Commission, and all other matters related, thereto. Duties of both
PLUAC and the Water Planning Commission will be absorbed in the new Natural
Resources Advisory Commission.
MOTION: Commissioner Myers moved to approve Certificates of
Appreciation to the Elko County Public Lands Use
Advisory Commission Members. Commissioners EklundBrown and Russell seconded the motion. The motion
passed unanimously.
Robert Stokes stated he would get the certificates for their Fire SubCommittee Members, Mike McCarty and Gary Zunino.
Commissioner Russell and Eklund-Brown presented the plaques to the
members of PLUAC that were present, Jack Prier, John Harmening and Gary
Zunino.
IV.
CERTIFICATES OF APPRECIATION:
Discussion and consideration of approval of Certificates of Appreciation
to the Elko County Water Planning Committee members, Chris Johnson,
ELKO COUNTY COMMISSION
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PAGE 2
Gerald Miller, Jonathon Gorman, Warren Russell, Jim Muth, Tim Sirotek,
John Riddle and Bryce Kimber, in appreciation for their many years of work
regarding water issues as members of the Water Planning Committee, and all
other matters related, thereto. Duties of both PLUAC and the Water Planning
Commission will be absorbed in the new Natural Resources Advisory
Commission.
MOTION: Commissioner Myers moved to approve the Certificates of
Appreciation to the Elko County Water Planning Committee
Members. Commissioner Ellison seconded the motion.
The motion passed unanimously.
Commissioners Russell and Eklund-Brown presented the plaques to the
Water Planning Committee members who were present, Gerald Miller and
Warren Russell.
V.
WELLS, NEVADA EARTHQUAKE DISASTER:
Update report, discussion and consideration of issues and actions related
to the recovery from the damage and disruption caused to Wells, Nevada and
surrounding areas by the earthquake event on February 21, 2008 and all other
matters related, thereto.
Rusty Tybo, Wells City Manager, reported that they were at the same
status as the last report. He stated they were making progress with DEM and
Jolene Supp was currently in Carson City meeting with them. He noted there
was no movement with the insurance company and they were not
communicating with them. Rusty Tybo stated Assemblyman Carpenter and
others have tried to discuss this with them on the City’s behalf. Commissioner
Ellison inquired if the City had filed a grievance with the Insurance Commission.
Rusty Tybo stated the Nevada Insurance Commission did not regulate them.
When they talked to Assemblyman Carpenter, it seems they had not identified
any regulatory body to go to for resolution. Rusty Tybo stated the Insurance
Commission might look into the lack of the company’s response. Commissioner
Russell noted that there was a possibility of them getting into the gym within the
next few days. Rusty Tybo stated there was some indication that they may have
to push back commitments to finalize the project but they would be challenged to
meet the August 13 meeting date. He noted that school starts on August 18 and
they may have minor cleanup after school started. Commissioner Eklund-Brown
stated at the picnic Jolene supp did not know if they would be ready for the
sports events. Rusty Tybo noted their airport hangar buildings were available for
ELKO COUNTY COMMISSION
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PAGE 3
the high school sports events.
VI.
ACCESS AIR AMBULANCE, INC.:
Discussion and consideration of a request to approve a change in
ownership and transfer of the Access Air Franchise and all other matters related,
thereto.
Robert Stokes stated that Travis Gerber asked this be tabled to a
subsequent meeting because they were in negotiations with the hospital.
Commissioner Ellison commented upon night flights. Robert Stokes understood
they did not have sufficient night flight equipment. He believed the new firm
would plan to offer that service.
MOTION: Commissioner Myers moved to table.
Commissioner
Eklund-Brown seconded the motion. The motion passed
unanimously.
VIII. UNR FIRE SCIENCE ACADEMY:
Discussion and consideration of issues related to the agenda of Nevada’s
Board of Regents regarding the possible closure of the UNR Fire Science
Academy including comments to be given at the Regent’s meeting on August 8,
2008 and all other matters related, thereto.
Commissioner Ellison noted there was a letter drafted for their review.
MOTION: Commissioner Myers moved to approve the letter.
Commissioner Eklund-Brown seconded the approval of the
letter. The motion passed unanimously.
Gary Zunino, Fire Science Academy, felt it would be beneficial to have
Board Members attend the meeting. Commissioner Ellison understood that Elko
County made an initial investment of $450,000 with the purchase of the Box K,
and invested money as well as the Cities of Elko and Carlin to extend the water
lines. Robert Stokes reviewed the meeting time and date on Friday at the
Students’ Center. He stated the City of Carlin, City of Elko and Elko County
jointly helped pay for the water pipeline to the Fire Science Academy and there
was a 40-year commitment through a USDA loan. He understood Carlin was
paying their portion of that loan through some of the fees charges for water
usage by the Fire Science Academy so a closure would have a financial impact
upon the City. Commissioner Ellison noted the County was paying $6,917 per
year, which equated to a $270,000 commitment by the County of Elko on that
waterline and reviewed the present day value of the land. Robert Stokes
believed that industrial partnerships were important for the Academy and they
should get some Congressional support. He noted that if the Nevada Academy
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PAGE 4
received federal funding such as Texas A & M, they would be able to pay off not
only the operational issues but also the outstanding bond debt. Commissioner
Ellison noted Elko County helped secure a portion of that funding during the last
federal funding cycle. Commissioner Eklund-Brown commented upon the
national loss if they closed the Academy. She questioned how Texas A&M was
federally funded yet the federal government did not support this program. She
felt there should be more lobbying. Gary Zunino commented that in 2002, the
debt was there and the Board of Regents had voted to keep the academy open.
He reported that the UNR Fire Science Academy trained 30% of the industrial
firefighters in the United States of America. He believed that if they were to
close, Texas A&M could not absorb them on short-term. Gary Zunino’s opinion
was the long-term viability was contingent upon short-term additions from the
private industry with line item federal funding to continue to operate on the longterm. Commissioner Eklund-Brown understood that there were factions under
the UNR training regime that could not be absorbed by Texas A&M.
Commissioner Nannini noted that over the last 20 years, they have talked about
nuclear waste being shipped through the County and that facility would be key for
that training. He felt that the nuclear industry could help fund the Academy.
Commissioner Russell felt the Academy should look at multiple uses, which may
generate more revenues to secure the facility. Commissioner Eklund-Brown
suggested a McKay School of Mines Extension Office. Gary Zunino noted they
were trying to diversify their base and presently the Elko County School
Teachers Association used their facility and the Nevada Highway Patrol gave
classes out there. Commissioner Myers noted that they met with Senator Reid’s
office members yesterday and sought his involvement on the UNR Fire Science
Academy. Gary Zunino commented that Senator Reid had helped with the
funding of over 11 million dollars for the Academy. He reported they have trained
over 4,000 students with 1,800 students being from outside of the area. Gary
Zunino stated they did the local mining MSHA training. He noted they
contributed over 6,000 room nights to Elko and their students were the major
regional users of the airport. Robert Stokes stated Assemblyman Carpenter
would pass on the issues at that meeting.
IV.
CERTIFICATES OF APPRECIATION CONTINUED:
Commissioner Russell presented a plaque to David Evetts for his
commitment to the Elko County Water Planning Commission.
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IX.
GREAT BASIN COLLEGE:
Discussion and consideration of comments regarding the benefits provided
to Elko County though the various courses and programs offered by Great Basin
College and all other matters related, thereto.
Garry Heberer, GBC Dean for Extended Studies, asked for a letter of
support that they might forward on to the UNR Board of Regents. He noted they
were looking at 14.5% budget cuts next year. He submitted a document entitled
GBC’s Estimated Economic Impact on Elko County for the academic year 20072008. Robert Stokes noted Carl Diekhans, Acting President, would go to the
UNR Board of Regents meeting and could not be present today. Robert Stokes
noted this Commission recognized the importance of GBC.
MOTION: Commissioner Russell moved that the Elko County
Manager draft a letter supporting and referencing the
economic impact that the reduction in expenditures at GBC
would have on our economy, and detail/reference all
relevant material as per Commissioner Eklund-Brown’s
comments. Commissioner Myers seconded the motion.
The motion passed unanimously.
X.
ELKO COUNTY 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.
Jeanette Hammons, Library Director, noted the District Attorney’s Office
was utilizing the new component of Lexis-Nexis. She had spoken to the Carlin
City Manager and they have moved dirt in preparation for the new library. High
Desert Engineering was drawing the plans. Friends of the Library were doing
fundraisers for the Carlin Library. The Summer Reading Program had 423
registered and 73% finished the program. She reported that 117,120 minutes
were read or listened to. Jeanette Hammons reported that 28 teens were
registered in the Teen Program and over 40,000 minutes were read during the
month of June. The library was preparing for the implementation of the PC Print
and Management System, which would allow library patrons to get on the
internet with their library card. She explained the printing procedure. She stated
they were working on the Bill and Linda Gates Grant.
XI. ELKO COUNTY JUVENILE DETENTION:
Discussion and consideration of approval of an agreement with the Nevada
Department of Education to fund the School Lunch and Breakfast Program and
all other matters related, thereto.
Robert Stokes explained this was an annual renewal agreement.
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MOTION: Commissioner Ellison moved to approve. Commissioner
Myers seconded the motion.
The motion passed
unanimously.
VII.
NORTHEASTERN NEVADA REGIONAL RAILPORT:
Commissioner Ellison left the meeting room at 1:45 p.m. due to a conflict of
interest.
A.
Discussion and consideration of issues related to the Northeastern Nevada
Regional Railport and all other matters related, thereto.
Commissioner Eklund-Brown stated they were going through the re-design
process and it would have to be reviewed by the Union Pacific. She stated that
they should receive final approval by all parties including the subcommittee.
Commissioner Eklund-Brown believed the re-design would be submitted for the
Board’s approval at their next meeting. Commissioner Myers felt the project was
becoming more exciting.
B.
Discussion and consideration of the approval of a contract for the
negotiated sale of approximately 30 acres of land at the Railport site including
approval of Resolution 24-2008 entitled, A RESOLUTION TO SELL REAL
PROPERTY OF ELKO COUNTY FOR ECONOMIC DEVELOPMENT
PURPOSES in accordance with NRS Chapter 244.2815 and all other matters
related, thereto.
Elaine Barkdull-Spencer, of ECEDA, introduced Robert Wark of SAS
Global Corporation. She stated SAS Global was looking at 30 acres at the
railport. Robert Wark, SAS Global Corporation Vice President, stated they were
headquartered in Warren, Michigan and they have been in business for 50 years.
Robert Wark reviewed the numerous markets that they service. He stated they
were at four locations: Warren, Michigan; Longview, Texas; Helsingr, Denmark
and Tianjin, China. Commissioner Nannini inquired where he would acquire his
labor force. Robert Wark stated they had an unlimited supply of labor from
Michigan because they would pick up workers laid off from the automotive
companies. Mr. Wark spoke about distribution, manufacturing, assembly,
research and development. Robert Wark stated SAS Global Power, and SAS
Global Mining divisions operated out of their Warren, Michigan facilities. He
stated that in the Longview, Texas facility they had the Cladtec and Vtec
Divisions. Robert Wark reported they have been involved in mining operations
for over three years. Commissioner Eklund-Brown inquired if they worked
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directly with mines to fabricate their products and received an affirmative
response from Robert Wark. Commissioner Russell asked if Mr. Wark had
projected what percentage the Elko facility would be involved in distribution,
manufacturing, assembly, research and development. Robert Wark stated they
estimated revenues of 25 to 30 million dollars and 25% of that would be exported
outside of the United States to countries in Southeast Asia with 15% to 20% of
that business in the coal fire utility industry and 5% to 10% would serve the
cement industry. The balance would be to service the mines. Commissioner
Nannini inquired if his company would help make the coal-fired plants
environmentally safer. Robert Wark stated with the technology that exists now
the coal-fired plants could easily be made environmentally sound. He stated that
the alternative was nuclear. Robert Wark stated the Cladtec Division performed
field service work for the cement industry and the power industry on site. He
stated that there was a lot of business for that division in this region and in
California such as welding, grinding and spray coating. Robert Wark stated the
Vtec Division manufactures heavy walled pressure vessels used in petroleum
refining and chemical industries. Commissioner Nannini asked if SAS Global
had the technology to build the capsules to move nuclear waste. Robert Wark
stated they do have the advantage on the learning curve. Robert Wark spoke
upon the manufacture of products and availability of shipment by rail at the
railport. Commissioner Eklund-Brown asked if they ship to China. Robert Wark
stated Global was an export-based company and everything was made in
America. He stated Astech was their sister company in Vassar, Michigan.
Astech is a greensand-jobbing foundry, which specializes in casting alloy steels
to combat abrasion, heat, impact, and corrosion. Robert Wark stated they were
able to diversify to whatever industry was available in the region. He stated their
intention was to build a 12,000 to 20,000 square feet building with a full servicemanufacturing site. Commissioner Eklund-Brown asked how their employees
participate in the community. Robert Wark stated they organize blood drives, do
mentoring programs and work with the local high schools in teaching trades.
Commissioner Eklund-Brown inquired about collaboration with the college on the
fabrication. Robert Wark state they were willing to work with the college to
provide a fertile ground for future hiring. Commissioner Myers noted it would
bring in 45 jobs to Elko and reviewed the projected salaries and benefits.
Kristin McQueary inquired how much water would he need. Robert Wark
stated they do not use a lot of water in their manufacturing processes. He
believed they would mostly use water for hygiene and personal use. He stated
they did have a few water tables for the plasma cutters but it was recycled.
ELKO COUNTY COMMISSION
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Commissioner Eklund-Brown inquired if they had cooling tanks. Robert Wark
replied, “no”.
MOTION: Commissioner Myers moved to approve the contract to sell
approximately 30 acres at the railport and adopt
RESOLUTION NO. 24-2008, entitled A RESOLUTION TO
SELL REAL PROPERTY OF ELKO COUNTY FOR
ECONOMIC DEVELOPMENT PURPOSES. Commissioner
Russell seconded the motion.
The motion passed
unanimously.
XII.
BOARD OF COUNTY HIGHWAY COMMISSIONERS:
Highway Chairman Myers called the meeting to order at 2:13 p.m. and
adjourned the Highway Board at 2:27 p.m.
Commissioner Ellison returned to the meeting room at 2:14 p.m.
Chairman Nannini called a recess at 2:28 p.m. and reconvened the
meeting at 2:38 p.m.
XIV. LS POWER DEVELOPMENT, LLC:
Southwest Intertie Project (SWIP):
Discussion and consideration of approval of Resolution No. 23-2008 to
support the application of Great Basin Transmission, LLC for authority under the
provisions of the Utility Environmental Protection Act for a permit to construct the
Harry Allen to Thirty-mile Project, a 500 kV electrical transmission facility
commonly known as the Southwest Intertie Project (SWIP), pursuant to PUCN
Docket # 07-06011 and all other matters related, thereto.
Luke C. Papez, Associate Project Manager for LS Power Development
LLC, stated he was from Ely but currently lived in St. Louis. He gave the
background information on SWIP. He stated the BLM recently completed an
additional NEPA analysis on the modification to the southern portion of the
alignment. It would reroute around the Coyote Springs Subdivision and the
Robinson Substation was moved due to topography. Luke Papez stated the
company needed to file with the Public Utilities Commission for a Utilities
Environmental Protection Act Permit. He was seeking support of the application
to the PUC. Luke Papez commented that they had a full NEPA analysis on the
500 miles transfer line that ran from White Pine County South to Clark County.
The northern portion from White Pine County to Twin Falls would be a year
behind in the BLM NEPA permitting process. Commissioner Eklund-Brown
ELKO COUNTY COMMISSION
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inquired if this Resolution was on the southern portion and received an
affirmative response. She asked if there was any re-alignment on the northern
portion. Luke Papez noted at the old Minidoka Internment Camp near Twin Falls
they may have to realign but that was upon private property. Commissioner
Russell inquired if everything would be above ground and received an affirmative
answer. Commissioner Eklund-Brown had met with Mark Milburn, the Project
Manager, and he had showed her the maps of this project. She believed it would
stabilize the western energy resources and Sierra Pacific would be tied to its
sister company in the State.
MOTION: Commissioner Eklund-Brown moved to send a letter of
support and adopt Resolution No. 23-2008, for the
application of the Great Basin Transmission Line with the
Utility Environmental Protection Act. Commissioner Myers
seconded the motion. The motion passed unanimously.
Commissioner Eklund-Brown noted they had received unanimous support
from White Pine County.
XV. CARRUS LAND SYSTEMS:
Pump Storage Hydroelectric Projects:
Discussion and consideration of approval of comments to the Federal
Energy Regulatory Commission (FERC) regarding four proposed Pump Storage
Hydroelectric Projects to be located on the Winecup – Gamble Ranch and all
other matters related, thereto.
Daniel Dygert, CARRUS Land Systems, stated they had the opportunity to
look at the ranch and concluded the ranch’s topography, the water source and
transmission supported pump storage hydroelectric projects. He reported they
would seek four pump storage hydroelectric permits. He explained the lengthy
license application procedure and permitting process. Daniel Dygert presented a
project design and explained how the recycling of the water between paired
reservoirs generated electricity. The stored energy would allow for voltage
regulation and did not meet the qualifications for renewable energy but it did
facilitate the production of renewable. They would dedicate one of the facilities
so that the wind developers could pump the water at a lowered cost at night and
during the day, they could deliver the hydroelectricity on demand. Commissioner
Ellison inquired about evaporation and water loss to the downstream users.
Daniel Dygert replied the reservoirs would be lined and evaporation would only
be about 200 to 300 acre feet per year, per reservoir. Commissioner Nannini
inquired how they would protect their investment when they did not own the
ranch. Daniel Dygert stated they were in negotiations to acquire the ranch. He
stated that in the licensing process they were required to acquire the right of
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eminent domain. Daniel Dygert stated the licensing and environmental studies
would take over two years and the construction term was two to three years.
Commissioner Nannini asked if they could develop a coal-fired plant as proposed
previously. Daniel Dygert stated that they could use the natural gas line coming
through the ranch. He explained it could be a hybrid operation with wind, gas
and geothermal. Commissioner Russell understood they were tapping an
underground aquifer and inquired if they were applying for separate water rights
on that aquifer. Daniel Dygert replied the ranch had sufficient water rights to
support the project. Commissioner Russell inquired if the aquifers were
contained upon the ranch. Daniel Dygert replied the operation would be located
on the ranch and it was a self-contained drainage. He stated the State Engineer
had authorized 60,000-acre feet in the Thousand Spring drainage to the ranch.
Daniel Dygert noted that 23,000 to 25,000 acre feet of industrial water rights
were approved for the coal-fired facility and felt those could be converted to the
hydropower use. The remaining water rights would be utilized for irrigation,
livestock, wildlife habitat, etc. He explained the initial demand would be to fill the
reservoir but after that, there would be no big draw on the aquifer. Daniel Dygert
stated that these projects would not take water out of Elko County.
Commissioner Ellison inquired if the transmission lines would go to Idaho Power.
Daniel Dygert replied they would connect to the Southwest Intertie Project but
they could connect as well to the 345 kV transmission line. Bill Hopkin felt the
Winecup Ranch could be developed further. He stated it had incredible wildlife
potential and benefits for a long future in agriculture. He believed the power
source was a means to the end. Commissioner Eklund-Brown stated Bill Hopkin
was the manager of the Deseret Ranch, which was nationally known in ranch
development techniques, research, and training.
MOTION: Commissioner Eklund-Brown moved to approve a letter of
support to FERC regarding the proposed Pump Storage
Hydroelectric Project for the preliminary four permits.
Commissioner Myers and Russell seconded the motion.
The motion passed unanimously.
XIX. NORTHEASTERN NEVADA STEWARDSHIP GROUP:
A.
Status report on the County sponsored Q1 grant entitled, Tuscarora
and Sage Grouse Population Management Unit Assessment and all other
matters related, thereto.
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Gerald Miller, President of the NENSG, commented that they gave a
presentation to the Legislative Committee on Public Land Issues. He submitted
a copy of that presentation. Gerald Miller commented upon their analysis
findings. He stated their biggest concern was BLM NEPA, which was shut down
because of Western Watersheds even though private landowners were involved.
He reported there would be a tour of the Tuscarora Watershed on October 10
and a draft presentation would be held at the museum in November. He stated
the final presentation would be December 31st to the state. Gerald Miller stated
Elko County was the only County doing watershed assessments other than the
BLM and Forest Service. Commissioner Eklund-Brown noted that there was still
Question 1 funding available for further studies.
B.
Discussion and consideration of approval of County sponsorship of a
Round 9 - Q1 application entitled, North Fork Watershed and Sage Grouse
Population Management Unit Assessment and all other matters related, thereto.
Gerald Miller stated they held three comment periods and the North Fork
Watershed was the area with the recent concerns. He reviewed the acreage
studied in the Tuscarora Watershed and the cost per acre. Gerald Miller
proposed that they apply for 12 cents per acre on the North Fork Watershed,
which was 1,730,000 acres. He recommended that they submit an application
for Question 1 funding in the amount of $208,000. He asked that the County be
the sponsor of the application. Commissioner Eklund-Brown inquired if there
was a tremendous amount of burn areas in the Tuscarora area and questioned
how he performed the analysis. Gerald Miller stated they look at the original
range site and what vegetation that should be there. They see what vegetation
was now coming up. He noted some of the problems were with runoff and a few
of the areas were reseeded. Gerald Miller commented that their major concerns
were with runoffs and weeds coming up.
MOTION: Commissioner Eklund-Brown moved to approve County
sponsorship of a Round 9 – Q1 Application – North Fork
Watershed and Sage Grouse Population Management Unit
Assessment. Commissioner Myers seconded the motion.
The motion passed unanimously.
XX. 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 and all other matters related,
thereto.
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Commissioner Eklund-Brown had asked that a meeting be scheduled on
August 25th with the state agencies regarding the impaired water temperature
testing. She stated at one of the Public Land Legislative Hearings the Central
Nevada Regional Water Authority’s recommendations were not as well received
as previously by Mark Amodei. She would be going to the Western Water Law
Conference in a few weeks.
XXI. 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 and all other matters
related, thereto.
Commissioner Nannini stated that they would be drilling eleven sites. One
area was in the middle of the dam to see if the brick came from the San
Francisco fire. He stated they had to resubmit the proper application for the
road. Commissioner Nannini stated their final meeting would be held on August
23rd and they hoped to get a letter from the BLM stating they could proceed on
the project.
XXII. COUNTY OFFICE BUILDING PROJECT:
Update report on the construction project for the new County Office
Complex and all other matters related, thereto.
Robert Stokes reported that there were complaints about lack of parking.
He noted the District Attorney’s old building site would be utilized for materials
staging area during construction. Commissioner Russell inquired if they would
have a schedule when additional parking would be available for those
participants who participated in the Court Street project. Robert Stokes noted
that there was less than $4,000 donated on that parking area from area
businesses. He stated they would be allowed to use the new parking lot when it
was in place. Commissioner Russell questioned if they were providing public
parking for the local businesses or for people who were using county services.
Robert Stokes stated that the previous policy was they would allow folks in the
area to use those parking areas. Commissioner Russell inquired about the
parking for the county employees. Commissioner Nannini noted that it would be
public land. Commissioner Ellison noted that the corridor was also available.
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Robert Stokes noted there would not be a designation for a particular business.
Commissioner Russell questioned if there was sufficient parking for the
employees.
XXIII. MEDICAL SERVICES FACILITY (OLD ELKO CLINIC):
Discussion and consideration of issues related to a lease and/or purchase
of this facility by the County from the Northeastern Nevada Regional Hospital and
all other matters related, thereto.
Commissioner Nannini stated they would not start negotiations until
October 1, 2008. Commissioner Eklund-Brown inquired if they had met with the
Cancer Institute to go into that facility. She commented they might need
approximately 600 square feet. Robert Stokes noted they have run out of space
on the top floor. Commissioner Nannini felt that if the County owned the property
they could develop the ground.
XXIV. DEPARTMENT OF VETERANS AFFAIRS (VA):
ELKO OUTREACH CLINIC:
Discussion and consideration of issues related to a VA bid solicitation for
the construction of 5,000 plus square foot medical office space for a VA Outreach
Clinic in Elko County and all other matters related, thereto.
Robert Stokes stated the woman they had been corresponding with had not
been replaced. Commissioner Myers had asked Senator Reid’s Office to find out
who the new contact person would be.
XVII. CITY OF CARLIN:
Discussion and consideration of County participation in infrastructure
improvements for commercial development on the east side of SR 766 in the City
of Carlin and all other matters related, thereto.
The Commission reviewed this issue at its October 19, 2005 meeting. At
that time, there was a request for $150,000 in financial support from the County.
The Commission approved $50,000 and asked the City of Carlin to return during
the budget process for further consideration.
Glenn Trust, Carlin City Manager, asked that they revisit this issue. He
reported upon the amount the City of Carlin had invested in the infrastructure.
Commissioner Nannini noted that this did not go into the budget process. Glenn
Trust replied that he did not know why this was not pursued during the budget
process previously. Commissioner Ellison asked if they had leases, etc. on that
area. Cliff Eklund noted Barrick Gold Mine had committed to 50 homes in
Phase1 with an additional commitment of $250.00 per lot for an additional 50
homes. He noted of the 114 lots proposed they have 100 commitments. Cliff
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Eklund stated General Moly, the mine out of Eureka, had expressed an interest
in housing. Cliff Eklund stated the City of Carlin had made a commitment to run
the water line 1,500 feet to the property and the sewer line would be 1,600 feet in
length. Tom Ballew, High Desert Engineering, stated a sanitary sewer line would
be $25.00 per foot plus $4,000 per manhole. They estimated there would be six
manholes at $25,000, the cost of pipe at approximately $16,000 and 1,600 feet of
pipe at $25.00 per feet for installation. Commissioner Ellison inquired if they
were $100,000 short. Commissioner Eklund-Brown noted that $38,000 of that
was reserved for contingency and understood that was 35% of the original
amount. She clarified that the County had given them a total of $50,000 so that
reduced their request down to $100,000. Cliff Brown stated the City had over
$100,000 in the project. Tom Ballew stated that there remained 400 to 500 feet
of water line to be installed. Commissioner Nannini asked what they needed
from the County. Cliff Brown requested $50,000 this year and $50,000 next year.
Commissioner Ellison inquired about this coming from contingency. Cash Minor
stated they had budgeted $475,000 and there was $34,000 taken from
contingency for grader repairs so far.
Commissioner Eklund-Brown disclosed that Cliff Eklund was her Uncle and
there was no pecuniary interest or financial benefit to either party personally.
MOTION: Commissioner Ellison moved to support the $50,000 this
year but next year they would have to come through the
budget process. Commissioner Eklund-Brown seconded
the motion.
Commissioner Eklund-Brown felt there was intention to come before the
budget committee but there was confusion with the change of administration.
The motion passed unanimously.
XVIII. ELKO COUNTY TREASURER’S OFFICE:
Treasurer Trustee Property Transfer:
Discussion and consideration of the authorization to transfer Treasurer
Trustee Property located at 410 Hamilton Street to the City of Carlin and all other
matters related, thereto.
Robert Stokes noted there was a 90-day procedure and the City would be
responsible to pay the back taxes in the amount of $1,625.00. Glen Trust, Carlin
City Manager, stated the parcel was cleaned off and they hoped to either sell it or
ELKO COUNTY COMMISSION
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trade it for another parcel to make a more consistent zoning. Commissioner
Russell suggested selling it and applying that amount toward the sewer project.
Kristin McQueary stated that if the County gives approval for this transfer
then pursuant to NRS 361.603, they give direction to the Treasurer of their intent
to sell to the last know owner who had the ability to retrieve the property within 90
days. She read NRS 361.603 (5) into the record.
MOTION: Commissioner Russell moved to authorize the transfer of
Treasurer Trustee Property located at 410 Hamilton Street
to the City of Carlin under the conditions specified by the
District Attorney’s Office. Commissioner Ellison seconded
the motion. The motion passed unanimously.
XVI. ELKO COUNTY PLANNING AND ZONING DIVISION:
A.
Public Hearing - RLF Nevada Properties, LLC
Roadway Dedication within a Final Map of Division into Large Parcels
Request:
In accordance with Notice 25-2008, conduct a Public Hearing regarding a
request for a roadway dedication of North 5th Street within Section 19, T.35N.,
R.55E., M.D.B & M, approximately 3 miles northwest of Elko, Nevada. Said
Right of Way is depicted in the Final Map of Division into Large Parcels by RLF
Nevada Properties, LLC for dedication, not for maintenance and all other matters
related, thereto.
Randy Brown noted the Planning Commission approved this division of
land into large parcels last month. It offers a portion of Fifth Street to the public,
which was already a County road. Randy Brown stated that there was a
developer’s agreement in place that if any of these parcels were sold then at that
time the road would be developed to a 26-foot wide road standard. If no parcels
were sold after two years, the map would revert to open space for the total
acreage. He noted that the developer’s agreement had been reviewed by the
District Attorney’s Office and staff recommends approval. This did meet all state
and federal statutes, County Code, and Ordinances.
Commissioner Eklund-Brown disclosed that pertaining to the next four
items, Mr. Brown was her husband and they have no pecuniary interest on either
side.
Commissioner Eklund-Brown inquired if this was a deviation from the
normal development criteria that requires the 26-foot road standard. Randy
Brown stated that if the developer sold any parcel he would have to develop the
entire length of the road to 26-feet width. He commented that this allows a
developer to come in with a division of land into large parcels. However, if he
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cannot sell them then it reverts to acreage. Commissioner Eklund-Brown
inquired how developed the road was presently. Randy Brown stated it was a
County maintained road and was somewhat improved. Commissioner Nannini
inquired about the location of the development in relation to Section 5. Randy
Brown noted that Section 5 would be five miles south and pointed out the
location of the property.
Commissioner Nannini asked for public comment.
Charles Chester, representing himself, read a letter from the Elko County
Sheriff, which was submitted to Rodney Harris in 1996 who was the BLM
representative at that time. “If there is to be a land exchange on the Adobe
Summit Range, then the Nevada Chukar Unlimited Association would like you to
remember and consider that this range provides us with chukar hunting and
much of the land was close to Elko”. Charles Chester acknowledged it was on
private property and they had the water rights. He commented that as they begin
to checkerboard the property the wildlife would be prevented use. Charles
Chester noted that it was a deer and antelope path and they would not be able to
come into the water.
Commissioner Nannini asked for further public comment. No further public
comment was submitted.
Commissioner Eklund-Brown inquired if the BLM reserved or had any water
rights for wildlife. Randy Brown stated there were no water rights attached to this
parcel. He noted most of the water rights in the Elko Segment belonged to the
City of Elko. Commissioner Ellison noted that the deer, sage hen and chukar
prospered quite well in the mining areas with all that activity.
MOTION: Commissioner Ellison moved to approve a roadway
dedication of North 5th Street within Section 19, T.35N.,
R.55E., M.D.B.&M with the maintenance agreement on the
roads, and not for public maintenance.
Commissioner Eklund-Brown inquired if the Developer’s Agreement should
be included. Randy Brown stated that the developer agreement was with staff
and it was a red flag attached to the parcels. He stated if they denied the
agreement then the developer would have to post a bond with a 10%
contingency on the parcels for the full amount of building the road.
Commissioner Eklund-Brown noted that Richard Womack had a bond. Randy
Brown stated it was a cash deposit. He stated this was on the Adobe Range and
there were no developments in that area. He noted staff felt that this speculation
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would be okay and they did not know what the water tables were in the area.
Therefore, they put the reversion acreage clause back into the agreement to
insure that if no parcels sell it reverted to acreage again. Commissioner EklundBrown requested Commissioner Ellison amend his motion to include the
development agreement.
Commissioner Ellison amended his motion to include the
Developer’s Agreement.
Commissioner Eklund-Brown
seconded the motion. The motion passed unanimously.
C.
Parcel Map Roadway Dedication Request:
Discussion and consideration of the approval of Parcel Map Roadway
Dedication request as listed below:
1.
Vatos, LLC Roadway Dedication request located in Sec. 22, T.33N,
R.57E., M.D.B.&M. – Ashburn Drive located south of Spring Creek Housing
Section Tract 109.
Randy Brown stated staff recommended approval of the parcel map
roadway dedication without maintenance. He stated it met all state and local
requirements.
MOTION: Commissioner Ellison moved to approve the parcel map
roadway dedication request from Vatos, LLC located in Sec
22, T.33N, R.57E., MD&M – Ashburn Drive without
maintenance. Commissioner Myers seconded the motion.
The motion passed unanimously.
D.
Spring Creek Street and Highways:
Discussion and consideration of the approval of an agreement regarding
the streets and highways located in Spring Creek in Elko County and all other
matters related thereto.
Randy Brown reported that Kristin McQueary had reviewed the agreement.
He stated they do not know what Spring Creek’s maintenance plans were. This
allowed Spring Creek the opportunity to determine whether to allow open cut or a
bore method. Randy Brown stated the County’s current policy was if it was
pavement, it was bored. He stated the County would still require them to get an
encroachment permit and they would still have to pay the fee but it allows Spring
Creek to determine the option within their subdivision. Randy Brown stated they
had met with James Copenhaver, Pam Borda and the Spring Creek public works
staff. Commissioner Ellison inquired if the agreement would be reviewed each
year.
Randy Brown suggested that they review it every five years.
Commissioner Eklund-Brown voiced concern about verbiage on page two,
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paragraph two regarding the final right to determine work performed. Kristin
McQueary stated there was a similar agreement with Elko County code 4-9-4
wherein people go through the Spring Creek Committee of Architecture and then
they go to the Elko County Planning Commission. Randy Brown noted the
County had a strict policy concerning a paved road but they did not know what
the Spring Creek Association planned. Commissioner Ellison noted it would only
apply within the Spring Creek Association’s boundaries. Randy Brown reiterated
that there would still be an encroachment permit required. He noted they were
public rights of way but SCA would determine the method of construction within
their boundaries.
MOTION: Commissioner Ellison moved to approve the agreement
regarding the streets and highways located in Spring Creek
with a five-year review. Commissioner Myers seconded
the motion. The motion passed unanimously.
B.
Public Hearing - Raintree Construction
Alternate Compliance Public Hearing:
In accordance with Notice 26-2008, conduct a Public Hearing regarding a
request for Alternate Compliance as requested by Raintree Construction,
requesting alternative compliance in Lamoille with regard to alternative
compliance from 26’ on Deer Lane to a width dictated by physical restraints of
irrigation and drainage ditches and a request for alternative compliance from 60’
dedicated right of way to a 40’ private easement to allow for an additional parcel
and all other matters related, thereto.
Commissioner Ellison disclosed that he had former business dealings with
Mrs. Agnes Rockwell.
Randy Brown reviewed the location of the property on a map. He stated
that Deer Lane was an existing 30-foot easement and/or right of way. He
reported that the road was not improved from Clubhouse Lane to this property. A
County bridge was on the west edge of the property and the Lamoille Creek ran
down the west side of the property. He stated Jan Rockwell was proposing the
use of a 40-foot private irrevocable easement for access to each one of the four
parcels. Because of the minimum standards required by the Nevada Division of
Environmental Protection and Health Department in Lamoille requires that you
have a ½ acre of land available for a mound septic system. Therefore, Mr.
Rockwell was requesting the use of a private irrevocable easement instead of a
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public right of way that would have to be relinquished to the County. Randy
Brown explained that irrevocable easements stayed in the ownership of the
parcel owners. Randy Brown stated a right of way would become a County
ownership and taken away from the parcels, which left Mr. Rockwell the
opportunity of only building three parcels instead of four parcels. Commissioner
Eklund-Brown asked where the irrevocable easement was on the map. Randy
Brown pointed out the location on the map. He commented that there was 30
feet on the other side of the creek. Commissioner Eklund-Brown asked where
Mr. Rockwell was asking for the variance on, if it was on Deer Lane. Randy
Brown replied on the irrevocable easement and Deer Lane may be questionable.
He would let Mr. Tipton speak on that in a minute. Randy Brown stated they did
not require the 30 additional feet on this portion of land on the frontage of Deer
Lane because of the numerous drainage problems in that area. Randy Brown
stated Mr. Rockwell was also requesting an alternate compliance from the 26foot wide road standard to a standard that compares with what was built in
Lamoille right now. He stated the 26-foot wide road standard would probably not
fit in the 30-foot easement. Randy Brown stated the problem was the drainages
around it; there were several irrigation ditches up and down the road and across
the road. Commissioner Ellison noted they had a similar situation several years
ago where they tried to move the regular channel for the downstream users and
by doing so, it created many lawsuits for the downstream users. Commissioner
Ellison asked if that went to a wider width would that create more problems.
Randy Brown stated if they went to a wider width on Deer Lane, it would take
those drainages into the right of way. He cautioned that those would become fee
title to Elko County. Randy Brown explained that Mr. Tipton was asking for an
additional 30 foot along Deer Lane and pointed it out on the map. Commissioner
Eklund-Brown stated she had drove past Rocky’s old house and the lane gets
real narrow and limited based on the ditches and the trees. She stated the there
was a narrow bridge which they get to eventually and it was not maintained very
well. Randy Brown stated he was asking for some sort of standard somewhere
around 20 feet wide versus the 26-feet width. Randy Brown stated they could
not build the 26-foot road without moving the ditches. Commissioner Nannini
asked how he would develop it. Randy Brown stated he could develop it but if he
had to put in the 60-foot right of way, he would get three lots.
Otis Tipton reviewed his memo to the Commission. He stated that he did
not have anything to do with how Mr. Rockwell subdivides his property or his
private easements. He stated the County only has 30 feet to that bridge. He
explained that the County only had to the other side of the bridge for
maintenance and there was not enough width to maintain the bridge. Otis Tipton
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stated they needed the other 30-feet. He stated this was the same thing they
asked from Judge Whitehead and the same thing they did for Buzzettis when
they subdivided. He noted they all gave 30 feet when they subdivided on their
side. Otis Tipton explained that as things subdivide they would get all of the
rights of ways in there but they needed that 60-foot right of way. He believed that
Commissioner Russell, since he lived down there, understood the problems with
the rights of ways in Lamoille. Commissioner Eklund-Brown inquired if they had
30 feet on the other side of the road. Otis Tipton replied they had 30-feet. He
stated when she drove past the Women’s Club the County had 30 feet to the
other side of the bridge, which was as far as they maintain. Otis Tipton noted as
parcels subdivide they would gain the other 30 feet and that was how it has been
done on all of their subdivision maps. Commissioner Eklund-Brown noted that
most of those subdivisions had been on a country road but this one was in town.
Otis Tipton commented that they would still have the same snow removal
problems. He noted there was a bridge that they would have to contend with
because the concrete was not that good. Commissioner Ellison inquired if they
were talking about existing lots. Commissioner Eklund-Brown clarified that there
was just one lot presently. She stated that Mr. Rockwell had bought it as a 2acre parcel. Commissioner Ellison inquired if they were discussing the right of
way by the trenches. Otis Tipton stated he was asking for County right of way for
road right of way and utilities, etc. Otis Tipton commented that right now the
utilities go down the center of the road because they only had 30 feet. He stated
they would need the 60-foot easement eventually. Commissioner Eklund-Brown
commented that the Rockwells had not dedicated anything from their land yet.
Commissioner Nannini asked for public comment.
Debbie Kennedy stated she did not have any opposition to or against the
development of the property. She stated her property borders the property to the
east of his. She commented that the ditch that runs just north of Deer Lane was
her concern because that was her water right ditch. She asked what happened
to her ditch if the road was widened. She stated the ditch was tree lined and
was an established ditch. She stated that if it was moved over she did not know
how she would maintain that. She noted that in the springtime the runoff was
very high. Commissioner Eklund-Brown commented that if they moved the ditch,
then it would have to be corrected for you. She stated that the ditches would
have to be returned for use in the same area. Debbie Kennedy noted that the
irrigation ditch crosses the Deer Lane going from the south to the north in two
ELKO COUNTY COMMISSION
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different spots. She stated that Mr. Tipton knew the culvert was not the same
width of the road now. Debbie Kennedy stated that as they grade the roads now
it fills in the sides of the ditch at the end of the culvert. Otis Tipton stated that
part of the improvements of the road, if it was required, would be to improve that
width and they would have to change the pipe. Otis Tipton noted they discussed
that with Judge Whitehead too when they did his easement. He stated that if
they required a 26-foot road they would have to extend all of those culverts.
Commissioner Nannini asked if they could go with a 20-foot road. Otis Tipton did
not believe a 20-foot road would fit. He noted the County’s standard was a 26foot wide and that was what they were asking for a variance upon.
Jan Rockwell stated he was representing Raintree Construction and they
owned the two acres. He stated out of the parcel coming down Deer Lane it was
very narrow and none of the streets in Lamoille were 26-feet wide. He stated the
trees were on County property but he could have them trimmed back. He
commented that the trees were all hanging over. Jan Rockwell stated that they
could improve the road but why would a contractor have to improve the road, as
there was money set aside as parcels were being built that have to pay $2,000
into the road fund. He asked if they could use some of that money to put in new
culverts or whatever to bring that road up. Commissioner Eklund-Brown believed
that was for road maintenance in the future. Jan Rockwell stated he had paid
$4,000 on Westlund and believed that all the rest of the owners had paid. Kristin
McQueary clarified that those road improvement funds were for another part of
Lamoille and not for downtown Lamoille. She noted that those funds were
collected in a different neighborhood. Commissioner Nannini stated that was
collected for another project. He stated that Mr. Rockwell knew what it was
collected for because he was involved in the project. Jan Rockwell stated he
would be happy to pull back the trees, cut them up, add some gravel to the road
and get to the driveway, develop the property, and make Lamoille look nice and
get some more taxes coming in. Commissioner Nannini requested clarification
that Mr. Rockwell wanted to cut the road down to a 20-foot road. Jan Rockwell
replied as much as he could get, if he could 22 feet or 21 ½ feet whatever he
could. Commissioner Ellison noted his application stated 26 feet. Jan Rockwell
commented that the 26 feet was standard road width. Commissioner EklundBrown stated that his application stated two things; one it stated he wanted the
variance and later it stated, “the road within this easement would be constructed
to county standard as a private easement”. She clarified that one was in the
private property. Commissioner Eklund-Brown stated on the public right of way
for Deer Lane was where he wanted to reduce it. Jan Rockwell stated he wanted
to get as much as he could reduced. He stated on the private roadway he would
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build it 26 foot wide and at the end, there would be a cul-de-sac to turn around.
Commissioner Eklund-Brown clarified that could be included in his land mass
and he could still go forward with his four parcels, but if he increased the right of
way on Deer Lane it took enough out of the bottom parcel that it would not qualify
for the ½ acre for mound septic. Jan Rockwell stated that if he took it down to
three parcels, it would be cost prohibitive. Commissioner Eklund-Brown
questioned whether it would be cost prohibitive. She knew what he paid for the
land and knew what he could get for three homes so she questioned whether it
would be cost prohibitive. She believed it would be profitable knowing the quality
of his homes. Commissioner Nannini inquired of Mr. Rockwell how he would
affect Mrs. Kennedy, the way he wanted to do it. Jan Rockwell replied none. He
stated that he would just go back up to her bank, to her irrigation ditches on the
north side and raise them up and add gravel to it, and widen it as much as he
could. Jan Rockwell stated that on this side (pointing to map) was John Palacio’s
and he would widen the road as much as he could, take out the trees and swing
it back on to this road (pointing to the road immediately adjacent to Clubhouse
Lane). Commissioner Ellison inquired where this parcel was in relationship to Bill
Nisbet’s cabin. Commissioner Eklund-Brown reviewed the location of the road
alongside the Lamoille Women’s Club going west. She noted that there had
been a lot of developing in the lane. In the future if there was full development
with all the parcels being created then the width of the road would be inadequate.
Jan Rockwell stated then they would get into moving waterways. Commissioner
Eklund-Brown stated that they moved the waterway at Forsberg’s. She noted
they did not do it to begin with and they replaced them and now it was fine.
Commissioner Ellison noted the downstream users had some problems.
Commissioner Eklund-Brown explained that he had not put the ditches back in
and now they were there.
Commissioner Ellison commented upon the
uniqueness of Lamoille. Jan Rockwell stated that the people interested in the
homes were snowbirds. He stated they would come for three weeks out of the
summer and three weeks out of the winter, so the traffic should be null down
there. Commissioner Eklund-Brown inquired what the maximum width would be
that they could go with the right of way but he could still have his four parcels
with the dedication. Jan Rockwell inquired why they would take 30 feet on one
side and not 30 feet on the other side. Commissioner Eklund-Brown explained
that the County already had 30 feet from the other side but they have nothing
from his side. She explained that they were asking for 30 feet from his side as
ELKO COUNTY COMMISSION
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he develops it. Commissioner Eklund-Brown clarified that the side he formerly
lived on had been given and they have that 30-feet. Jan Rockwell understood
they had nothing on the other side. Commissioner Eklund-Brown stated that
there was no right of way that was dedicated to the public on the side he was
developing. Jan Rockwell stated it would not be built upon but they could put a
30-foot easement there. Commissioner Eklund-Brown asked for clarification that
he did not want to give anything and just use what right of way they had. Jan
Rockwell stated they could give a 30-foot easement on that. If he did not build
on that, it would be yard. He stated that in the future, if they put a road in there
then they could walk in, take that easement, and build a bigger bridge.
Commissioner Eklund-Brown stated one of the things that was conflicting was
the state and county code on this. She inquired if there was any way to resolve
with the County Code in a type of waiver or a hardship case. Kristin McQueary
stated that this was the alternate compliance hearing for them to determine that.
She cautioned them that every time they make an exception to County Code,
they dilute the effectiveness of it. She stated that if they make an exception they
must point out the factual basis for which they are making the exception and they
have to think about the requirements they have placed on other similarly situated
situations. She stated they also have to take into consideration what was going
to happen in the future. Kristin McQueary stated they knew from the issues that
come before the Planning Commission and this Board, road issues were the
number one complaint throughout the County. Kristin McQueary stated the
County has set a minimum standard for access for emergency services. She
stated they would have to determine whether this situation was so egregious
enough to go to an exception to it. Commissioner Eklund-Brown stated the
hardship was financial and everything else could be mitigated. Kristin McQueary
stated the Board would have to determine what was different about his financial
situation as compared to every other developer. Commissioner Ellison stated it
was not only financial but also the cosmetics and the beauty of the area. He felt
they should maintain the existing streams for the downstream users.
Commissioner Eklund-Brown stated that cannot be justified because the rest of
the streets in Lamoille were wider than this road. She stated this road was kind
of like a back alley and the rest of the streets have been widened through town
including Country Lane. She stated they may not be 26 feet but the rights of
ways were probably correct and there was enough width for two cars.
Commissioner Eklund-Brown felt that if they left this the way it has been it would
be dangerous at some point in time. Commissioner Russell asked Randy Brown
for clarification on distances. Commissioner Nannini asked Randy Brown if there
was a solution. Commissioner Russell went to the drawing board and drew an
ELKO COUNTY COMMISSION
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outline of the road. Commissioner Russell pointed out that when they talk about
a 60-foot easement they were talking about 30 feet on this side (pointing to one
side of the centerline of the road) and 30 feet on this side of the centerline
(pointing to the other side of the centerline). Commissioner Russell stated in
looking at this road, when they say a 26-feet County road standard then that
meant they have a gravel road that was 13 feet wide on each side. Randy Brown
stated that they would need 17 feet wide from each side. Commissioner Russell
stated that would mean 17 feet including the ditch. He estimated the distance of
17 feet being the distance to the far wall in the meeting room to emphasize the
exact feet being requested. Commissioner Russell stated that the owner opposite
of Mr. Rockwell’s property has yielded his 30-feet from the centerline of the road
that meant he had given up 17 feet of his property. Randy Brown clarified that
the opposite property owner had given up 30 feet. Commissioner Russell noted
this developer came in and stated he would make more money by having the
bigger property so he wants the County to give up 30 feet on this side of the road
so he could do four lots instead of three lots. He stated that there was a ditch
running along the side of the road. Jan Rockwell stated the ditch was just before
they got to his property. Commissioner Russell clarified that the ditch only ran
along a portion of the road. He asked that they draw a picture of that ditch line
so the Board could have a picture. Randy Brown displayed on the map where
the ditch line ran. He showed where the ditch crossed under the road and
traveled along the right of way. Commissioner Russell clarified that the 30 feet
that Mr. Rockwell was opposing did not have a ditch line. Randy Brown stated
he would try to simplify this. He stated that if the Kennedys at some point in time
desire to subdivide their portion of land then the same concern would be where
the 30-feet would come from if they did not require it from this parcel. Randy
Brown stated that it would the same here and here (pointing at locations further
down the road on the map). He noted that Mr. Tipton pointed out that they only
had a 30 feet opening. Randy Brown stated that his concern was they have a
series of drainage ditches running alongside the road and inquired if the County
really wanted to assume them. He would say, no but that was his opinion.
Commissioner Eklund-Brown pointed out that all over Lamoille there were
ditches in the public rights of way. Otis Tipton stated that NRS specifically states
that irrigation ditches were irrigation ditches. He stated that they were not part of
the road and the people that own the water rights have to take care of them and
that was not the County’s responsibility. However, if the County goes in,
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improves that road, and changes anything then they would have to do the repairs
on those irrigation ditches to make it all right. He noted that was their agreement
with Judge Whitehead when they got the right of way through his property and
that was what they would do if it was the County that did the improvement.
Commissioner Myers asked when they did the agreement with Judge Whitehead.
Commissioner Eklund-Brown believed it was around a year ago. Otis Tipton
stated they got Judge Whitehead’s right of way and all of the rights of way going
through the Buzzettis so it was coming together in Lamoille. He noted they were
slowly getting the rights of way as things develop. He noted that the Buzzetti
right of way was one of the most very important rights of way around that bend.
Commissioner Nannini stated he was confused.
Jan Rockwell stated if he had to give up 30-feet, he would give up the 30
feet and break the parcels down into 3 parcels; that would be fine. He stated he
just wanted to get going, wanted to start building and get the road in.
Commissioner Eklund-Brown noted Jan Rockwell had requested two alternate
compliances. One of the alternate compliance requests was on the 30-foot right
of way, and now he had agreed to that; and she asked what the other request
was. Jan Rockwell replied the other request was a variance to compliance from
the 60-foot easement on private property to a 40-foot easement. Commissioner
Russell clarified that was a private easement on private property along the
parcels. Jan Rockwell stated he no longer needed that because he was breaking
it down to three parcels so he would not need the 40-foot easement.
Commissioner Nannini inquired if they needed to take any action because he
agreed to that. Commissioner Russell stated that the Board had to anticipate
what was going to happen in that area 30 to 40 years from now, or 15 years, or
20 years from now. He stated that they see trees along there and ditches along
there and there was no immediate intention, even if they acquire the 30-foot
easement, to start chopping up the trees or changing the ditches in the near
future just like Judge Whitehead’s place. However, with the insight that they
were obligated by law to exercise, was that they anticipate in the future that there
may be other development on other private property which meant that road
would have to satisfy safety wise, maintenance wise, improvement of the bridge
which may only be 10 years from now but they had to satisfy the requirements.
Commissioner Russell cautioned they had to look to the future. He stated that he
did want Jan Rockwell to make money to but they had to look to the future. With
more people there would be more exceptions for more services, not only
ambulance but also snow removal. Commissioner Russell noted that around
Elko when they had a narrow corridor or like Judge Whitehead’s property where
were they going to put the snow. He asked if they had to haul it off in trucks like
ELKO COUNTY COMMISSION
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Elko. He stated legally they had standards they have to go by on bridges and
they cannot accept a narrow bridge like the one they did in the past.
Commissioner Russell stated they could not put in a 15- foot wide bridge to meet
safety standards without being subject to possible lawsuits. He stressed that
they have to go by the specific standards. Kristin McQueary suggested they ask
if there was further public comment.
Commissioner Nannini inquired if there was further public comment.
Debbie Kennedy stated Jan Rockwell did not want to give up the 30-feet on
his property because he lost his acreage for his current parceling. Commissioner
Nannini stated that now Jan Rockwell agreed to give that up and it was not a big
issue. Debbie Kennedy stated she would lose 30-feet also along that road.
Commissioner Eklund-Brown explained that she would have to voluntarily give it
up. Commissioner Russell stated only if she developed it. Commissioner
Nannini clarified that if Mrs. Kennedy developed her property then she would give
up 30 feet. Debbie Kennedy stated that to develop that road they would have to
go across her property. Commissioner Eklund-Brown stated that when they
further develop the property the County would want 30 feet from all of those
parcels along that side. Commissioner Eklund-Brown stated that if she wanted to
develop or if she wanted to give it up for a great public road, otherwise they have
what they have. Commissioner Nannini noted that when Debbie developed her
property she would have to do what Jan Rockwell had to do. Debbie Kennedy
understood that she would lose property for Jan Rockwell to widen the road to
develop his ground. Commissioner Russell commented that the County could
not go into her property until she yielded the 30-foot right of way. Commissioner
Eklund-Brown stated Jan Rockwell was to widen the road to his parcel on Deer
Lane from Clubhouse Lane by the Women’s Clubhouse. Debbie Kennedy stated
that those were existing cottonwood trees that were 40 feet tall down her ditch
line. Commissioner Eklund-Brown inquired from what point Jan Rockwell had to
improve the road. Randy Brown stated that he would have to improve the road
from Clubhouse Lane through the frontage of his property. Commissioner
Eklund-Brown noted that Debbie Kennedy had not given up the 30-foot right of
way. Randy Brown stated he had a solution. Debbie Kennedy inquired if she
would have to give up 30-feet of her property with her ditch and forty foot tall
trees. Randy Brown stated the County would not make any requirements upon
Ms. Kennedy until she decides to subdivide the land. He stated if she subdivides
then she would have to do the same requirements, as Mr. Rockwell has to do.
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 27
Commissioner Myers noted the concern was that Jan Rockwell had to improve
the road. Randy Brown explained that right now they have Deer Lane with a 30foot right of way. He stated that they could not build a 26-foot road within that
width of right of way. He stated 34-feet was the minimum requirement to have in
there. Randy Brown proposed to Jan Rockwell that a 17-foot wide road that
includes a 13-foot wide road surface and ditch surface to be build in the 35-foot
right of way at this time. Randy Brown stated in Jan Rockwell’s frontage he had
to build to full width, which was 26-foot wide, and offer the 30-foot roadway for
dedication. He reiterated that they could not build a 26-foot road within that 30
feet. Randy Brown proposed that the other owners of the other properties when
they go to subdivide or take some kinds of action; they have to build the other 17
foot of road or the other half of the road.
Randy Brown explained they had a 30-foot easement at this time. He
stated Mr. Rockwell would be required to offer 30 feet on his property for
dedication. Randy Brown proposed that from this point on Clubhouse Lane
(pointing to the entrance of Deer Lane immediately west of Clubhouse Lane on
the map) Jan Rockwell build a 17-foot roadway, 13 feet of surface and 4 feet of
ditch. He stated on this side, Mr. Rockwell would build the road to 26-foot width
on his parcel. Randy Brown stated that then Ms. Kennedy or the other property
owners would be required to offer 30 feet as well and have to build the other half
of the road whenever they subdivide. They would be required to dedicate the 30
feet as well. Commissioner Myers stated if Mr. Rockwell had to do the 13 plus 4
on the Kennedy’s property, how much of the road would have to be built that was
not built right now. Randy Brown stated they could work enough on the other
side of the rod not to get into Ms. Kennedy’s property. Commissioner Myers
voiced support for the 60-foot easement to meet the County road rights of way
standard but he felt it was also important to maintain the aesthetic view in some
areas of Elko County. He did not want to see forty-foot tall cottonwoods taken
down because they were going to develop property. Commissioner Myers felt
that the aesthetic view made the property more valuable to other people. He
reiterated support for the 60-foot right of way but felt they should look at
alternatives. Commissioner Ellison stated when they looked at large parcels they
brought up in discussion the cosmetic value. He believed that Lamoille was
unique and felt they should maintain the smaller road and meet the cosmetics.
Commissioner Myers asked if they could require the 30-foot right of way; allow
him to have his private easement, not require any development other than in the
front of his property. Randy Brown stated he could not agree because of the
status on the road, which was a two-track road. He voiced concern with
emergency services. He did not believe that in the wintertime it would be
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 28
suitable for any type of emergency services. Randy Brown stated he was
attempting to get some sort of maintainable all weather surface road to provide a
full width road at some point in time. Randy Brown stated he had to go by
County Code. Randy Brown cautioned them that they had to take into
consideration the health and safety issues. Commissioner Russell stated he
would not object to Randy Brown’s solution of a 17-foot road if they acquired the
full right of way. Commissioner Myers inquired about Randy Brown’s statement
that he believed the road could be developed on the other side. Randy Brown
stated the majority of the development of the road would stay within the 30 feet
easement; the 17 feet versus the 26 feet. Commissioner Myers asked if there
were ditches on the other side that would have to be moved, or if there were
fences. Randy Brown replied no, not on the south side of the road. He felt they
could work in half of the 26-foot road standard within that south side. He stated
that it was flat land so he was unsure if the ditches would do much for them and
they may eliminate a portion of them. Commissioner Nannini inquired if they
were penalizing Ms. Kennedy. Randy Brown replied no. He stated that if Ms.
Kennedy came in, she would have to meet the same requirements if she wanted
to subdivide.
Commissioner Eklund-Brown noted that in Jan Rockwell’s
situation, he would not touch her ditch but in Ms. Kennedy’s situation, she would
be required to touch her ditch.
Debbie Kennedy understood that Randy Brown’s proposal was the road
would stay where it was and it would widen to the south. The roadway would
end at the north edge of that road and the easement would extend out across the
ditch, in the trees and extend out into her field. Randy Brown stated it would not
go into her field until she offered to give the County her easement. Randy Brown
stated that the County could not go in and take an easement. He stated that
would not happen until she subdivided. Debbie Kennedy inquired about
widening the road. Randy Brown stated if she decided at some point in time to
subdivide her land then she would have to build the other half of the road.
Debbie Kennedy asked if the ditches and trees would stay as they were. Randy
Brown stated he could not make any promises without a survey. Commissioner
Eklund-Brown stated they would have to know where the legal boundaries were.
Randy Brown believed the north edge of the road would stay where it was right
now. Jan Rockwell stated that most of the trees were on the County property.
Debbie Kennedy asked that the trees remain for the aesthetic value. Jan
Rockwell pointed out where her fence started on the map and stated that 90% of
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 29
the trees were located upon County property. Jan Rockwell noted there was an
overflow ditch. Commissioner Eklund-Brown stated that whatever was in the
current right of way would be cleared. She stated it would widen the road and
commented that there were a lot of trees in Lamoille so she did not feel a few
trees would make a lot of difference. Debbie Kennedy stated the most of the
trees were on the north side, on her side. Commissioner Eklund-Brown
commented that there were trees on both sides of the road. Jan Rockwell stated
there were trees on the County property, the road humps up (pointing at the
map) and pointed out the location of the trees. He stated 90% of the trees on
that road were on County property. Commissioner Eklund-Brown noted he was
saying the ditch was in the right of way and not on her property. Jan Rockwell
stated it was half-and-half because the ditch ran in and out and ran along the
fence line. He stated it was a spring overflow ditch. Commissioner EklundBrown inquired if the fence line was her property line and received an affirmative
response from Jan Rockwell. She commented that there were not that many
trees to worry about. Commissioner Nannini suggested that they need to go out
there and look at this thing or they need to get some advice. He did not like any
of the solutions. He did not think Ms. Kennedy should be hurt but he did not think
Jan Rockwell should be hurt either. Commissioner Russell cautioned them that
they were slowly drifting into spot zoning. He stated they were supposed to have
a code which should be applied fairly and equally to every property owner
throughout the whole area. He stated that in Lamoille there was a multitude of
issues along these lines and by not administering the law and the code exactly
and fairly they were becoming spot zoners; they would have nothing but
difficulties within the Town of Lamoille because of these issues. He stated they
could take a road trip to Lamoille and look at it over the next two weeks.
Commissioner Nannini asked Kristin McQueary if there was the possibility of
them taking a road trip to look at this. Jan Rockwell stated that time is of the
essence. He stated this meeting could have taken place in Mountain City.
Kristin McQueary stated it could not by law. Commissioner Nannini stated they
do have meetings in Elko before they take their road trips. He noted it would be
at 7:00 a.m. He did not believe they understood what was going on. He felt they
were making a decision that they could be wrong. Kristin McQueary stated they
could take a road trip and Marilyn would have to take her portable microphone.
They would not be able to have any discussion there and they would have to
deliberate here. She stated the trip would have to be noticed as a special
meeting. Commissioner Nannini suggested they deliberate on this before they
leave for their Jarbidge meeting. Robert Stokes recommended that they go out
individually. Kristin McQueary suggested the County surveyor go out and find
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 30
out where some of those lines were. Jan Rockwell stated that his parcel was
surveyed. Commissioner Ellison stated this had been going on a long time. He
did not see the problem if they were going to go by County Code, Lamoille would
look like the City of Elko. Commissioner Ellison stated Lamoille was so unique
and so natural. He liked Commissioner Myers’ recommendation to have the
easement but have the cutback. Kristin McQueary cautioned them about pinning
their decision based upon old trees, old trees that could possibly blow over in a
storm, and die. Commissioner Eklund-Brown inquired where Commissioner
Nannini saw the problem. She stated that if Jan Rockwell gives the 30-feet and
develops the road to the standard Randy Brown said there would be no problem.
Commissioner Nannini noted that Jan Rockwell would lose that one lot and if Ms.
Kennedy develops, she would pay a price to upgrade the road.
Otis Tipton went to the chalkboard and drew Deer Lane from the cut off by
Millie McCarley’s property. He pointed out the location of the Kennedy property,
Jan Rockwell’s property and the bridge. He noted that there would be no road
improvement on Kennedy’s property. Otis Tipton stated that Jan Rockwell from
Clubhouse Lane would put in 17 feet through here (pointing to the existing road
south of the Kennedy property) and goes to 26 feet (pointing to Jan Rockwell’s
frontage of his property. He stated Jan Rockwell would give the 30-foot right of
way here (pointing to Jan Rockwell’s property). He did not know what Jan
Rockwell wanted to do on his private easement and commented he did not care.
Commissioner Eklund-Brown stated that Jan Rockwell would make an
irrevocable easement. Otis Tipton stated that Jan Rockwell might have to do
those two culverts because there was not enough room for a 17-foot road.
Commissioner Eklund-Brown inquired if they could leave the culverts as they
were and let her do them when she subdivides. Otis Tipton stated they could not
leave those culverts; they would have to put in sufficient culverts for the 17-foot
road. Otis Tipton stated when Debbie Kennedy or anybody subdivided that
property they would have to give up the other 30 foot right of way. Otis Tipton
commented that they already had the 30-foot on Millie McCarley’s property. He
stated then all the rights of way would tie together. He noted that if Debbie
Kennedy had any irrigation still when she wants to subdivide, she would have to
replace the culverts and change the irrigation ditch, not the County. Otis Tipton
stated the developer would have to put in the road. Commissioner Eklund-Brown
asked what the width of the culvert was now. Otis Tipton stated they were really
narrow and the existing road did not even hit good on the culvert ends now. He
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 31
stated they have to put in metal to block it up to keep the gravel from falling in.
Commissioner Eklund-Brown stated Jan Rockwell would have to do it sufficient
for the 17-foot road. Otis Tipton stated it would be 17-foot to the corner of his
property and 26 feet on his frontage. Commissioner Eklund-Brown clarified when
Debbie Kennedy subdivides then she would have to put in the 26-foot roadway
and put in bigger culverts. Otis Tipton stated that was correct that when she
subdivides she would have to give her 30 feet, take care of the culverts, and
move the irrigation ditch. Commissioner Eklund-Brown noted that Debbie
Kennedy could participate with Jan Rockwell on the culverts, which would save
her money in the future. Otis Tipton noted that Jan Rockwell had a backhoe. He
stated that their County Code could change in the future and it could be bigger.
He did not know what Jan Rockwell was asking for but all he requested was the
30-feet for the road right of way. Commissioner Eklund-Brown stated that they
needed to clean up parcels like this and noted that many roads in Lamoille were
being cleaned up one at a time such as Judge Whitehead’s. She stated that one
at a time, they pick up the right of way and they gradually block them up.
Jan Rockwell stated he would agree to have the parcel map approved with
the three parcels rather than the four. He requested the 40-foot private
easement along the right side instead of the parcels rather than the 60-foot
easement.
Commissioner Ellison stated he could do what he wanted.
Commissioner Eklund-Brown commented that he could not with the 30-foot. Jan
Rockwell stated no, he could not.
Debbie Kennedy noted they had mentioned the culverts and agreed they
were not wide enough to handle the present road situation now. Commissioner
Nannini stated Jan Rockwell would improve that and make them larger. He
stated that she could partner up with him and do the culverts together and if she
ever developed her property she would not have to come in and do anything
more. He stated they could get it large enough this time and forget about it.
Commissioner Eklund-Brown stated the County would not make her do it but it
would save her money in the end. Debbie Kennedy stated she understood they
would make Jan Rockwell make the culverts the width of the road. Otis Tipton
stated they probably would be new culverts, which would be better than what she
had. He clarified that Jan Rockwell was now only asking for the variance on the
60-foot easement on his private property. Commissioner Eklund-Brown stated he
had waived that. She noted that he could do a 60-foot easement now. Jan
Rockwell stated he would like a 40-foot easement. Randy Brown stated Jan
Rockwell wanted a 40-foot irrevocable private easement on his property. He
stated Jan Rockwell would dedicate the 30 feet right of way on the frontage. He
clarified that Jan Rockwell was asking for a variance from the 60-foot right of way
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 32
requirement on his private property to a 40-foot irrevocable private easement.
Randy Brown stated Jan Rockwell asked to only build half of the 26 foot width
road to the frontage of his property and would build a 26-foot wide road on the
frontage of his property.
MOTION: Commissioner Eklund-Brown moved to approve with those
conditions. Commissioner Ellison seconded the motion.
Commissioner Russell was absent during the vote. The
motion passed with a majority vote.
XXV. ELKO COUNTY CODE:
First Reading of Ordinance 02-2008 that allows the use of fingerprint
checks for licensing and employment purposes, entitled: AN ORDINANCE
ADDING NEW CHAPTER 10 TO TITLE 7, ALLOWING THE USE OF
FINGERPRINT CHECKS AND ARREST RECORDS FOR LICENSING AND
EMPLOYMENT PURPOSES, PURSUANT TO NRS 239B.010, AND ALL
OTHER MATTERS PROPERLY RELATED THERETO.
Dale Lotspeich noted this would permit them to send off fingerprints for
background checks pursuant to federal regulations. He noted that Kristin
McQueary had performed a legal review on this. Kristin McQueary explained the
federal law changed and they had tightened up the rules on submittal of the
fingerprints.
MOTION: Commissioner Myers moved to approve the First Reading
of Ordinance No. 02-2008, entitled:
AN ORDINANCE
ADDING NEW CHAPTER 10 TO TITLE 7, ALLOWING THE
USE OF FINGERPRINT CHECKS AND ARREST RECORDS
FOR LICENSING AND EMPLOYMENT PURPOSES,
PURSUANT TO NRS 239B.010, AND ALL OTHER MATTERS
PROPERLY RELATED THERETO. Commissioner Ellison
seconded the motion. The motion passed unanimously.
PUBLIC COMMENT:
Charles Chester stated that when he was on the Elko County Planning
Commission in the 1980’s they relied on the aesthetic value of the County. He
stated Lamoille was the aesthetic value of the County. He noted they had denied
a subdivision in Pie Creek.
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 33
Vice Chairman Eklund-Brown assumed control of the meeting at 4:59 p.m.
XIII. COMMISSION OFFICERS AND APPOINTMENTS:
After four terms as a County Commissioner, Mike Nannini will retire August
29, 2008 to spend more time with his grandkids and family. The Commission
plans to honor Mike at the first meeting in September when he is on his own
time. Currently, Commissioner Nannini is the Commission Chair and holds
positions representing the Commission as a liaison or representative to various
departments, Boards and Commissions.
A.
Discussion and consideration of the appointment of Mike Nannini to
various positions to represent Elko County after August 29 in which his
knowledge and expertise will benefit ongoing County projects and all other
matters related, thereto.
Commissioner Myers inquired if they could leave Mr. Nannini on the
Hospital Board. Kristin McQueary did not know how the hospital set up their
advisory board but there was no impediment from the County’s side.
MOTION: Commissioner Myers moved to appoint present County
Commissioner and soon to be past County Commissioner
Mike Nannini to sit on the Hospital Board to represent Elko
County and its best interests, which he has done for many
years; and to the Metropolis-Bishop Creek Dam Committee.
Commissioner Ellison seconded the motion.
Commissioner Ellison suggested that Mike Nannini be left upon the Elko
County Fair Board as an alternate. Commissioner Nannini suggested there be
reappointment to another Commissioner on the other liaison positions. He stated
he would continue to negotiate on the Clinic and report to the Commission.
Commissioner Myers suggested that they not do anything else on the other
committees until they know the recommendation from the Governor. Robert
Stokes noted the Indigent Accident Fund was a NACO appointment. He believed
NACO made that appointment. Commissioner Nannini noted that the next
meeting would not come up until next March.
The motion passed unanimously.
B.
Discussion and consideration of Commission comments to the
Governor regarding the upcoming Commissioner position vacancy and all other
matters related, thereto.
The Governor appointed County Commissioner vacancies. The County
Commission may suggest options to the Governor regarding the vacancy and all
other matters related, thereto.
Commissioner Russell inquired if there was a deadline. Commissioner
Myers suggested that the Board, as a whole, write a letter to the Governor
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 34
recommending that he not replace Commissioner Nannini until after the elections
had determined who the winner would be; the Governor could appoint that
person earlier. There was a discussion held about the short period of time the
position would be vacated before election. Kristin McQueary cautioned that their
statutory obligation was a motion had to pass with a three-person majority. The
Board discussed options such as the office could remain vacated; it could be
filled with who wins the election in November, or Lois Nannini could fill the
position. Kristin McQueary informed the Board of NRS 244.040 regarding the
Governor’s appointment to any vacancy. She stated said appointment does not
extend beyond 12:00 p.m. of the day proceeding the first Monday of January next
following the next general election. The Board discussed sending in their
recommendations to the Governor. The Commission decided not to send in any
recommendations to the Governor.
C.
Discussion and consideration of the appointment of the Commission
Chair, Vice Chair and / or other positions of the County Commission effective
August 29, 2008 and all other matters related, thereto.
Commissioner Myers commented that during the first four years
Commissioner Eklund-Brown was not allowed to be the Chairman because of a
ruling. He noted that she was currently the Vice-Chairman and personally
recommended that Commissioner Eklund-Brown take over the Chair and they
appoint a new Vice-Chair and when it comes to that process a statement needs
to be made that all Department Heads would report to the County Manager. He
stated that would take care of the chain of command issue. Commissioner
Myers stated that if anything comes up with Community Development then it
would fall to the Vice-Chair as being the responsible person to solve whatever
issue was in that Department. Commissioner Russell commented that Randy
Brown sat upon other committees other than Community Development. Kristin
McQueary stated they would have to compartmentalize for the rest of this term
and in January, they would look at the process again when they regularly elect
their Chairman. Commissioner Eklund-Brown stated during the budget process it
would be separated out through a committee and she would not have any
influence. She was willing to act as Chairwoman but did not want to create
additional problems for the District Attorney’s Office or the Commission.
MOTION: Commissioner Myers moved to appoint Commissioner
Eklund-Brown as the Chair of the Elko County Commission
effective August 30, 2008 to finish out the term of
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 35
Commissioner Nannini through January with the only
exclusion of the budget process and Community
Development/Planning and Zoning. Commissioner Russell
seconded the motion.
Kristin McQueary requested that they add that the Vice-Chair fulfill the
duties of the Commissioner as far as dealing with the budget and putting things
on the agenda so Commissioner Eklund-Brown would be walled off of the
Planning and Zoning aspect.
Commissioner Myers amended his motion that the ViceChair fulfill the duties of Commissioner Eklund-Brown
when dealing with the budget and putting items on the
Planning and Zoning agenda.
Commissioner Eklund-Brown suggested they put in the motion that all
Department Heads were now under the County Manager.
Commissioner Myers amended his motion to include that
all Department Heads were now under the County Manager.
Commissioner Russell seconded the amendments to the
motion. The motion passed unanimously.
The board discussed appointment of a Vice-Chairman.
MOTION: Commissioner Nannini moved that Commissioner Myers
serve as the Vice-Chair for the remainder of the year
starting August 30, 2008. Commissioner Russell seconded
the motion. Commissioner Myers abstained. The motion
passed by majority vote.
Chairman Nannini assumed control of the meeting at 5:15 p.m.
XXVI. COMMISSION AND COMMITTEE REPORTS:
Commissioner Myers:
Elko County Economic Diversification Authority (ECEDA) Board – He
stated that they continue to look for businesses that want to relocate to the
railport.
City of Elko – He noted the Police Chief had formerly resigned.
Regional Transportation Commission (RTC) – No report given.
Nevada Department of Transportation (NDOT) Liaison – No report given.
Northern Nevada Regional Transit Coalition – No report given.
Auditorium Authority Board (ECVA) – He stated they held the Jeep
Jamboree, which was a huge success.
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 36
Nevadaworks – They finished the RFP process and they would determine
disbursement of funding next week.
Wildlife Advisory Board – He reviewed his radio program wherein the
Governor had appointed new board members from Hunters’ Alert and considered
no recommendations.
Wildlife Arbitration Board – No report given.
Nevada Division of Wildlife Liaison – He met with Joe Doucette regarding
the Charles Chester ponds and would report to the Board by the first week in
September.
Nevada Division of Forestry Liaison – No report given.
Sheriff Department Liaison – No report given.
Commissioner Eklund-Brown:
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 37
City of Carlin – She noted they were in today.
Tuscarora Community – She stated they were there last meeting but they
needed to schedule a meeting with J.D. Long in order to go to bid.
Recreation Board – No meeting held.
Nevada State Land Use Planning Advisory Commission (SLUPAC) – They
met last week. They asked BLM to give a seminar on what could be done
administratively with leases, acquisitions and disposals. She noted that some of
the counties were reluctant to go through lands bills so they would see what they
could do in that process.
Humboldt River Basin Water Authority – No report given.
Northeastern Nevada Stewardship Group – She noted they were at the
meeting today.
Mining Sustainability - She would go to Butte, Montana for the National
Summit of Mining Communities Conference on September 9-10, 2008.
China Spring / Aurora Pines Advisory Committee – No report given.
Central Nevada Regional Water Authority (CNRWA) - Commissioner
Eklund-Brown commented upon scheduling another meeting with the Director
because of conflicting meeting schedules with the Humboldt Basin River Water
Authority.
BLM Liaison, BLM – RAC, California Trails Center Board – No report given.
BLM Jarbidge RMP Liaison – No report given.
ECCWMA - Noxious Weed Liaison – No report given.
USFS Liaison – Mt. City Ranger District Grazing EIS – No report given.
Water Planning (Alternate) – No report given.
ECEDA (Alternate) – No report given.
Juvenile Department Liaison – No report given.
Commissioner Russell:
Museum Board – They continue to work on the expansion of the facility.
Local Emergency Planning Committee (LEPC) – No report given.
Central Nevada Regional Water Authority (CNRWA) - No report given.
Humboldt River Basin Water Authority (Alternate) – No report given.
Nevadaworks (Alternate) – No report given.
Nevada Association of Counties (NACO) Board – He stated the annual
picnic for NACO was scheduled on August 22 but he would not be attending.
Northern Nevada Regional Transit Coalition (Alternate)- No report given.
Spring Creek Association - He stated there was a movement to examine the
continuing readiness of one board member and the decision was deferred to a
possible future meeting. Commissioner Eklund-Brown stated the meeting would
be held tonight. He noted the association had made progress on their roads.
Regional Transportation Commission (RTC) – No report given.
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 38
Commissioner Ellison:
Nevada Association of Counties (NACO) Board – He and Robert Stokes had
a teleconference with NACO. They had received a letter from Norman Frey
regarding the wineries and some of the legislative changes. He explained they
were creating wineries where they did not have the water yield. He stated the
President would not leave this year and they would change the By-Laws.
Commissioner Ellison stated he would be the Past President for one more term.
Commissioner Nannini asked how many people in the State of Nevada were
retiring because of the new law. Robert Stokes stated 8 were retiring in the
County and 15 in the City. He noted several years ago the County did some buyouts, which may have reduced the number of retirees.
National Association of Counties (NACo) Representative – No report given.
Debt Management Committee – No report given.
Senior Citizens – He stated that there would be a meeting scheduled to
discuss the Meals-on-Wheels Program.
Humboldt River Basin Water Authority – No report given.
Nevada Fire Safe Council – He stated there would be an upcoming meeting.
Insect Abatement – He sent a letter to the state based on calls he received
from the campers. Commissioner Eklund-Brown noted there had been comments
about not being able to bait due to the Fish and Wildlife and an Endangered
Species. She had e-mailed Bob Williams. She received a call from Jody stating
they would help and asked that they stay away from the riparian areas.
Commissioner Eklund-Brown had spoken to Jeff Knight at the State and
suggested that he contact Jody to resolve the issues on the insect abatement.
Commissioner Nannini:
City of Wells – No report given.
Heart Project - Wells Tire Recycling Plant – No report given.
City of West Wendover – No report given.
Library Board of Trustees Liaison – No report given.
Hospital Board – No report given.
Fair Board – No report given.
Central Dispatch Administrative Authority – No report given.
Indigent Accident Fund Board – No report given.
USFS Liaison / BLM Liaison – No report given.
Sheriff Department Liaison – No report given.
Nevada Division of Forestry Liaison – No report given.
Juvenile Department Liaison – No report given.
Commissioner Russell noted 1 ½ weeks ago the telephone lines went down
at dispatch for two hours so no one was able to call for an ambulance, police or
fire. He assumed that if there were an emergency they would have to call directly
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE
39
to the Sheriff, etc. He suggested they put more pressure on the telephone
company for alternative communications in case of emergencies. Commissioner
Ellison noted they had a router system and felt they could direct staff to write a
letter to Frontier. Robert Stokes commented that one-half of the town went down
and he did not have a full report on the outage.
XXVII. COMMISSION MEETING CALENDAR:
August 20, 2008 – Jarbidge & Jackpot
September 3 & 4, 2008 -- 1:30 p.m. – Elko – Courthouse
September 17, 2008 – Montello and West Wendover
All Times Pacific Time
Robert Stokes stated they would be leaving at 7:00 a.m. for Jarbidge.
MOTION: Commissioner Myers moved to approve the Commission
meeting
calendar
for
August
and
September.
Commissioner Russell seconded the motion. The motion
passed unanimously.
XXVIII.
CONSENT AGENDA:
A.
Presentation and review of claims for approval
B.
Approval of Minutes:
July 9, 2008:
1.
Board of County Commissioners
2.
Board of County Highway Commissioners
July 10, 2008: 1.
Board of County Commissioners
C.
Approval of administrative assessments and facility fees to be
retained for use by the Wells Justice Court.
MOTION: Commissioner Ellison
moved to approve the Consent
Agenda with corrections to the minutes to be submitted by
Commissioner Eklund-Brown.
Commissioner EklundBrown seconded the motion.
The motion passed
unanimously.
XXIX.
COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Robert Stokes commented upon his recent bout with allergies.
Commissioner Ellison suggested holding a roast for Commissioner Nannini.
Commissioner Myers recommended a luncheon.
Kristin McQueary stated that they would be bringing more information
because the Ninth Circuit Court has turned down their request for a rehearing on
the decision. They are working on scheduling a teleconference with the Rocky
Mountain States Legal Foundation and trying to contact the Assistant U.S.
Attorney and Peterson to see what the federal course of action would be.
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE 40
Commissioner Nannini publicly thanked everyone for the success of the
County picnic and reported that 410 employees and family members participated.
XXX. ADJOURNMENT:
MOTION: Commissioner Ellison moved to adjourn the meeting.
Commissioner Myers seconded the motion. The motion
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
ELKO COUNTY COMMISSION
REGULAR SESSION
AUGUST 6, 2008
PAGE
41