Elko County Board of Commissioners
Commissioners
Sheri Eklund-Brown
John Ellison
Charlie Myers
Warren Russell
Elko County Manager
Robert K. Stokes
STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.
OCTOBER 15, 2008
The Board of Elko County Commissioners met on Wednesday, October 15, 2008
at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street,
Elko, Nevada.
There were present:
County Commissioners
Elko Co. Manager
District Attorney
Deputy District Attorney
Deputy County Clerk
Sheriff
Road Supervisor
Public Administrator
Asst. Pub. Administrator
Planning & Zoning Dept.
Public Works
Sheri Eklund-Brown, Chair
John Ellison
Charlie Myers
Warren Russell
Robert Stokes
Gary Woodbury
Kristin McQueary
Marilyn Tipton
Dale Lotspeich
Otis Tipton
Kathy Jones
Roxanne Sutter
Randy Brown
Lynn Forsberg
--The proceedings were as follows:
CALL TO ORDER:
Chairman Eklund-Brown called the meeting to order at 1:35 p.m.
PLEDGE OF ALLEGIANCE:
Commissioner Russell led the meeting participants in the Pledge of
Allegiance.
I.
COMMENTS BY THE GENERAL PUBLIC:
Terri Fairfield, Congressman Heller’s representative, presented a certificate
to Mike Nannini for his many years of public service to the County.
ELKO COUNTY COMMISSION
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PAGE 1
II.
JARBIDGE SOUTH CANYON LEGAL CASE:
Discussion and consideration with the District Attorney’s Office of issues
relating to the Jarbidge South Canyon Legal Case and all other matters related,
thereto.
Gary Woodbury, District Attorney, stated their brief was ready to be
submitted and that Steven Lechner of the Mountain States Legal Foundation was
consulted.
He stated that Mountain States Legal Foundation had been
authorized to submit an Amicus Curiae Brief to the Supreme Court to accompany
the County’s brief. Gary Woodbury explained the national issue wherein any
person without a title interest would have an Article 3 standing in a quiet title
action. He commented that in the past the Courts had been careful to keep out
of the legislative and executive branches. Therefore, they had previously refused
people to litigate questions that were political in nature. Gary Woodbury stated
the decision would allow intervener groups to challenge discretionary policy in
court where a private individual could not do so. He stated the Brief would be
submitted by next week. Commissioner Eklund-Brown inquired how long they
would consider before there was a decision. Gary Woodbury stated they meet
bi-monthly and there was no deadline. Commissioner Eklund-Brown inquired if
they could appeal to the Ninth Circuit. Gary Woodbury explained it was issued
out of the Federal Court of Appeals.
III.
WHITE PINE ENERGY STATION PROJECT:
Discussion and consideration of comments to the BLM regarding the White
Pine Energy Station Project, a 1,590 megawatt coal-fired power plant to be
located 34 miles north of Ely, and all other matters related, thereto.
Mark Millburn, LS Power Director of Project Development, commented
upon the White Pine development in conjunction with the Southwest Intertie
Project (SWIP) transmission line. He voiced appreciation for their Resolution of
support filed with the Public Utilities Commission on the SWIP project. Mark
Milburn introduced Donna Bath, former White Pine County Clerk, as their local
advocate in Ely and White Pine County. He stated on October 3rd the final
Environmental Impact Statement was released to the public. They hoped to
have a record of decision from the BLM in early November. He stated mitigation
had been prescribed. Mark Milburn stated the agency had a preferred alternative
site, which might be the approved site in the Record of Decision. Mark Milburn
reported construction would take 4.5 years and peak at 1,200 construction jobs,
which would affect the local sales tax and property tax revenues over 100 million
dollars during construction. He stated this would be a modern, low emissions
coal-fired plant designed to allow carbon capture if economically viable. He
noted the plant had a modern cooling system that reduced water consumption.
ELKO COUNTY COMMISSION
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PAGE 2
Mark Milburn asked for formal support of the project. Commissioner Ellison
asked legal counsel if they could approve Resolution No. 37-2008 because of the
agenda verbiage. Kristin McQueary suggested the Board approve it in concept
and approve the Resolution number at their next meeting. Commissioner Ellison
noted the Commission strongly supported this project.
MOTION: Commissioner Ellison moved to adopt Resolution No. 372008 in support of the White Pine Energy Station Project, a
1,590-megawatt coal-fired power plant.
Commissioner
Myers seconded the motion.
Commissioner Eklund-Brown inquired if the Resolution would be filed with
the PUC or submitted to the BLM for the EIS. Mark Milburn replied the
Resolution would be submitted to the Public Utilities Commission. He stated the
BLM did not expect comments from the Commission. Kristin McQueary
reiterated that they could approve the concept of what was on the agenda, and
then update it at the next agenda. Commissioner Ellison restated his motion.
Commissioner Myers stated his second stands. Commissioner Russell inquired
if there was discussion with regard to alternative energy. Mark Milburn stated
they had applications for alternative energy projects but they were independent
from this particular project. Commissioner Eklund-Brown noted that on the SWIP
transmission line they could tie into that project. Mark Milburn stated the coalfired plant allows stability to the grid.
The motion passed unanimously.
VI.
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.
No update report was available on the recovery efforts.
IX.
MEDICAL SERVICES FACILITY (OLD ELKO CLINIC):
Discussion and consideration of the authorization of a Northeastern
Nevada Regional Hospital lease and/or purchase proposal of the Old Elko Clinic
facility to the County and all other matters related, thereto.
Mike Nannini commented upon the amount of people involved in the
project. He reviewed the draft proposal for the ownership of the building for a VA
Clinic. He stated in the proposal there was a 25-year lease for $1.00 per year.
The Lease Agreement would have a legal review by Kristin McQueary. He
stated the original goal was to help the Veterans. Mike Nannini stated they
submitted a bid to the VA, and hired an architect and an engineer to submit the
ELKO COUNTY COMMISSION
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bid for the Outreach Clinic.
Mike Nannini commented upon LifePoint’s
cooperation and the tax issues that complicated the transfer. He thanked the
Commission and Gil Hernandez for their continued support. Commissioner
Ellison asked if they agreed to the expansion on the facility, and received an
affirmative response from Mike Nannini and Robert Stokes. Mike Nannini
reported on the services now provided within that facility. He believed it had
become a model for other rural communities. He stated they had agreed to take
out all of their records so they could use the area for storage. Robert Stokes
suggested they authorize the staff and the District Attorney’s Office to negotiate
the contract. The Commissioners donated $1.00 toward the first year’s lease.
Commissioner Myers commented that VFW 2350 started the process and voiced
appreciation to Mike Nannini, the hospital and their CFOs, the Veterans
Association and Gil Hernandez, and the County staff for all their efforts to secure
the clinic. He noted that Clinic also provided services to the senior citizens and
the underserved. Gil Hernandez, of the VFW, stated they have worked for years
to get this clinic in Elko. He noted this County Commission had been more
responsive to the Veterans’ needs. Gil Hernandez stated that the community
supported this project and there would be more veterans returning home. He
commented upon the convenience of having a clinic locally and not making a
long drive to obtain services. He thanked them for their support of the clinic.
MOTION: Commissioner Ellison moved to approve a Northeastern
Nevada Regional Hospital lease and/or purchase proposal
on the Old Elko Clinic facility to the County. Commissioner
Russell seconded the motion.
Commissioner Myers asked that he amend his motion to give authorization
to staff and to have a legal review.
Commissioner Ellison amended his motion for County staff
to review and negotiate the contract, for a legal review and
the Commission paid the first dollar.
Commissioner
Russell seconded the amendment to the motion. The
motion passed unanimously.
X.
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.
MOTION: Commissioner Myers moved to authorize the County
Manager and the committee to submit a bid to the
Veterans’ Administration on behalf of Elko County and
their veterans, and to negotiate any costing for that project.
ELKO COUNTY COMMISSION
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PAGE 4
Commissioner Ellison seconded the motion. The motion
passed unanimously.
XVI. METROPOLIS IRRIGATION RESTORATION PROJECT:
Discussion and consideration of a request for a financial contribution to 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.
Mike Nannini stated that last Thursday they had signoff from all the
agencies to move forward with the project. On Monday or Tuesday, they would
start constructing the road to the dam. He believed they would go to bid by
March on the dam construction. He commented that they had 8.5 million
allocated from the state and NDOW had committed 1.5 million for a boat ramp,
picnic area and restroom areas. Mike Nannini stated NDOT would help them get
a turning lane from the highway. He expressed appreciation to Otis Tipton for his
help on the project. He commended Vern Dalton and the Metropolis group for
their continued support. Mike Nannini noted that the Metropolis Water District
would have control of the water in the dam. He commented that Don Grock had
volunteered to help with the construction of the road. Mike Nannini stated
Frehner Construction, Navco Construction and union employees had volunteered
to build the road. He noted that High Desert Engineering volunteered their
services to stake the road. Mike Nannini commented that there was $150,000 of
County money and City of Wells came up with $50,000 for the project. He
reported that Walter Winchell donated five miles of right-of-way and Union Pacific
had signed off on their right-of-way.
IV.
ELKO COUNTY PUBLIC GUARDIAN:
Annual review and update of issues and activities of the Elko County Public
Guardian’s Office and all other matters related, thereto.
Kathy Jones, Elko County Public Guardian, commented some of her wards
use the VA services. She publicly thanked the following attorneys for their
support throughout the year: Craig Kidwell, Robert Wines, Richard Barrows,
Barbara Torvinen, Gregory Corn, Michele Rodriguez, Michael Shurtz, Jeffrey
Kump, David Stanton, Nancy Porter, Diane Hillewaert, Michael Marfisi, John
Lambert, James Copenhaver and David Lockie. Commissioner Eklund-Brown
suggested the County send certificates to those attorneys for providing services
to the Public Guardian. Kathy Jones reported that during the 2007/2008 Fiscal
Year she had 22 open guardianship cases, three cases being investigated for
guardianship. She noted one under investigation was with Eureka County that
ELKO COUNTY COMMISSION
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PAGE 5
was previously approved by the Commission. Kathy Jones reported Court
reimbursement of $17,337.47 from guardianships in Fiscal Year 2006/2007. She
noted the VA’s Alzheimer Clinic in Elko was a valuable resource. Kathy Jones
commented that the Commission approved Roxanne Sutter as her Deputy
Guardian and commended Mrs. Sutter upon her past services. Kathy Jones
stated in 2006 the Commission approved an Ordinance to raise filing fees and
the fees collected were remitted to Nevada Legal Services. She stated at that
time Nevada Legal Services had a protocol with her and the Public Administrator
to provide services. She stated those services were no longer available and
referenced a letter dated May 22, 2008 from Nevada Legal Services.
Commissioner Ellison stated he and Commissioner Myers had discussed
eliminating the court assessment fees to Nevada Legal Services. Robert Stokes
suggested they speak to Nevada Legal Services. He noted they had a change in
personnel and they have a new Director. He felt they should attempt to contact
them. Kathy Jones stated she could not get a live person on the phone. She
understood NLS were also to give an annual report to the Commission and there
were no reports submitted. Kathy Jones stated there was an NRS that stated
additional fees from civil actions could be collected for indigent or elderly
persons. She felt that if Nevada Legal Services could not provide some of those
services, she could. Commissioner Ellison stated they had made several phone
calls to their state office, and were told services were not available.
Commissioner Ellison asked that it be put on the agenda as an action item.
Robert Stokes noted it was an Ordinance procedure and they would have to
review that. Kristin McQueary noted two organizations met the statutory
definition when Nevada Legal Services proposed this. They could omit or delete
the Ordinance. She stated they might want to see what the Legislature would do.
Commissioner Eklund-Brown believed they should prove the level of service they
were providing for the funds they were receiving. Commissioner Russell inquired
if there was a requirement for an annual report and received an affirmative
response. Commissioner Myers inquired if they could withhold payment if they
no longer provide the services. Kathy Jones reported that from January 2007 to
December 2007 there was $24,000 generated. Kristin McQueary would do a
legal review on this issue. Kathy Jones stated people asked her, as an
advocate, to help with assistance on estates because no one at Nevada Legal
Services could help them do that. She commented that Wayne Pressel did help
her with two guardianships before she received the letter (dated 5/22/08) stating
that there was a termination of contract. Commissioner Myers noted Anna Marie
Johnson, the new Executive Director, wrote a letter of termination of the contract.
He did not believe they should send Nevada Legal Services any funding. Kathy
Jones publicly thanked Kristin McQueary and Dale Lotspeich for their help with
her wards.
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V.
UNR FIRE SCIENCE ACADEMY:
Discussion and consideration of issues related to the continued operation
of the UNR Fire Science Academy including a report of the actions at the working
committee meetings, possible funding actions and all other matters related,
thereto.
Commissioner Ellison stated he and Robert Stokes met with the Committee
on October 21st to make a presentation. Robert Stokes stated a group of users,
petroleum companies, UNR representatives, local governments, and UNR
Regents were at the meeting. Commissioner Ellison reported that on the 27th
there would be a final draft review of finances and a decision would be made on
the 5th of December. He stated they had approached the congressional
delegates for federal funding. Robert Stokes stated Senator Reid was on record
of being supportive of the facility. The Senator had found it interesting that the
other facility in Texas supported this facility and encouraged them to remain
open.
ELKO COUNTY SHERIFF’S DEPARTMENT:
A.
Discussion of Sheriff Department issues including operational reports,
statistics, communications and all other matters related, thereto.
Sheriff Dale Lotspeich stated he left the Homeland Security meeting early
and asked that several Nevada Public Safety items be placed on the next
agenda. He noted the Statewide Citizen Corps Program brought funding into the
region to set up initiatives with non-sworn personnel. He stated that Jim Conley
might help establish this neighborhood watch program or citizen response team.
Sheriff Lotspeich stated the other $665,509 funding was to purchase equipment
to bring the Elko Bomb Squad into national certification. He stated they would
become a regional bomb squad and they could respond throughout the state.
Sheriff Lotspeich explained there were only four bomb squads in the state and he
would be Project Manager over this region. He stated DOE and LEPC money
was run through the County and the County would oversee the bidding and
purchase of equipment. Sheriff Dale Lotspeich noted that most of the funding
would go to the City of Elko for equipment and training but it would benefit
everyone within the County of Elko and the neighboring counties.
Sheriff Lotspeich briefed them on last Friday night wherein Douglas Price
found dynamite in a cellar on his property. The bomb squad found 100 pounds
of crystallized dynamite in the cellar 50 feet from the house and 8 feet from the
tool shed and outbuildings. They could not stabilize the dynamite with diesel so
they built a berm and detonated it in place. Sheriff Lotspeich reported that the
detonation on Saturday shot the cellar in the air and covered an area the size of
VII.
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a city block with debris. Sheriff Lotspeich stated there was some damage to the
trailer and there may be potential damage to their water system. He stated the
berm held but left a 25-foot wide crater 10 feet deep where the cellar had been.
Commissioner Ellison inquired how Mr. Price did not know about the dynamite.
Sheriff Lotspeich explained that Mr. Price bought the property 4 years ago and
the two cases of dynamite were found in a locked box in the cellar. Sheriff
Lotspeich stated they had spent a day and a-half preparing the area for minimum
damage and researching the situation. Commissioner Ellison inquired who
would be liable for the damages. Robert Stokes referred the incident to the
insurance pool. However, he believed it would fall back to the homeowner’s
insurance. He stated Lynn Forsberg was watching for damage to the water
system. Sheriff Lotspeich stated it was the homeowner’s opinion that it was only
property, nobody lost his or her life, and no one was injured.
Commissioner Russell noted that a week ago he stopped by the substation
in Spring Creek. He suggested they place a sign on their door stating there were
no desk services. Sheriff Lotspeich stated the lettering on the door was under
their contract. Sheriff Lotspeich reported that rain had damaged some of the
ceiling tiles in that facility.
Commissioner Ellison inquired if the Sheriff’s Department or the City was in
charge of Dispatch. Robert Stokes stated Dispatch was a separate department.
Commissioner Myers asked if the new manager could come to the next
Commission meeting. Commissioner Ellison had received complaints that the
public were being treated badly.
Robert Stokes stated the old Sheriff’s substation was upon state leased
property and the lease terminated in 1998. The state wanted to know if they
wanted to renew the lease. He stated a Deputy was living in the house and the
State was open to renewing the lease for a year. He stated the Deputy would
then have time to find a new residence.
B.
Discussion and consideration of approval of a Forensic Services
Agreement with Washoe County and all other matters related, thereto.
Sheriff Dale Lotspeich stated they wanted a 5-year contract rather than a
one-year agreement.
MOTION: Commissioner Russell moved to approve. Commissioner
Myers seconded the motion.
Commissioner Eklund-Brown inquired if there would be an increase in fees.
Sheriff Lotspeich would write a letter requesting advance notice of any increase
in fees. He noted autopsy rates had increased. Sheriff Lotspeich stated they
had been discussing proposals with regard to the Coroner’s Office. He stated
that typically they sent down the investigator to Reno or Washoe County to get a
true determination of death. Commissioner Ellison inquired if that was a new
ELKO COUNTY COMMISSION
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policy. Dale Lotspeich stated that was not always the policy. They send the
investigator to answer any questions about the collection of the evidence.
Commissioner Eklund-Brown asked who was the County Coroner and Dale
Lotspeich stated he was the County Coroner and Bill Webb was designated as
Chief Deputy. He stated Bill volunteered his time and was attending advanced
training to help him in the field of investigation. Robert Stokes stated they would
consider contracting with Bill Webb for some of these services.
The motion passed unanimously.
C.
Discussion and consideration of the approval of a Nevada
Department of Emergency Management Public Safety Interoperability
Communications sub-grant for rural emergency communications and all other
matters related, thereto.
Dale Lotspeich stated this was originally granted to Douglas County but
based upon change in personnel they asked that Elko County became the sub
grantee. Commissioner Eklund-Brown noted that it was a statewide project and
inquired where the $55,000 match was coming from. Dale Lotspeich stated from
in-kind services. He, as Project Manager, would capture the time and costs. He
felt they could utilize some of the monies spent in Elko County as a portion of the
match.
MOTION: Commissioner Myers moved to approve the Public Safety
Interoperability Communications sub-grant for rural
emergency communications.
Commissioner Ellison
seconded the motion.
Commissioner Russell asked that they submit a summary in basic
language. Sheriff Lotspeich stated there was not enough money for a complete
engineering study. He stated it would set up templates for the smaller rural
counties to enhance their plans on how to move the VHF program into a
statewide entity and tie it to the 700 and 800 systems. Sheriff Lotspeich stated it
would focus upon the 150 MHz, VHF users.
The motion passed unanimously.
XII.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG):
B.
2009 Community Development Block Grant Program (CDBG):
In accordance with Notice 43-2008, conduct a Public Hearing for obtaining
the views of citizens and staff regarding the types of projects to submit for a
funding application to the 2009 Community Development Block Grant
Program. The County Commission will rank projects at a future meeting for
submission to the State CDBG Program.
Commissioner Ellison commented that the project priorities had changed
on the submitted list. Commissioner Myers asked how soon the ambulance
ELKO COUNTY COMMISSION
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would be replaced for Wells. Commissioner Myers noted that there were calls
received on water issues in Montello. Lynn Forsberg noted it was a new system.
He stated yesterday the state did a sanitary survey and there were no physical
problems on the grounds.
Lynn Forsberg reviewed the possible projects for the 2009 CDBG Grant: 1)
Wells - He noted that the Wells Ambulance Shelter was at the top of the list. 2)
Mountain City - They had received a letter from NDEP regarding the Mountain
City Sewer System. He stated Mel Basanez was not a certified operator as
required by NAC. Lynn Forsberg noted the state felt the sludge depths were
exceeding the proper levels and the County had to send a reply by October 31,
2008. Lynn Forsberg stated they had a diminishing population in that community
and were down to 22 connections. He believed an engineer might have to
review the system to see if the current system was viable or offer other options.
3) Jarbidge – He stated at their Jarbidge meeting they discussed the river
crossing and south Bear Street water main replacement. Commissioner Russell
inquired if there was a pipe going across the river. Lynn Forsberg stated the
pipes going across were under the river. He stated they were looking at a Bailey
bridge pipe crossing that would be less costly. 4) Montello - A new 75,000 gallon
water tank because they have to take out the 150,000-gallon tank out of service
for repairs, and re-paint the inside. He stated then they would have backup
water storage. 5) Jackpot – Continue the Parks and Recreational projects,
Phase III for the outdoor basketball, tennis courts and picnic facilities.
Lynn Forsberg stated if there were additional grant monies he suggested
they ask for $20,000 for a Jackpot Community Assessment.
Commissioner Russell left the meeting room at 3:21 p.m.
Commissioner Ellison stated the Governor had called for 17% statewide cut
back and asked if that would affect the CDBG grants. Lynn Forsberg explained
that this was federal funding which passed through the state.
Chairperson Eklund-Brown called for public comment. None of the meeting
participants offered comments.
MOTION: Commissioner Myers moved to approve the projects for
the 2009 CDBG Grant process as noted with item #1 being
the Wells ambulance barn and following down the list that
Lynn has given them; this would come back for actual
prioritization. Commissioner
Ellison
seconded
the
motion. Commissioner Russell was not in the room at the
time of vote. The motion passed by majority vote.
Commissioner Russell returned at 3:27 p.m.
A.
Wells Emergency Response Building Design:
Pursuant to Notice No. 36-2008, REQUEST FOR STATEMENTS OF
QUALIFICATIONS, for the design of an Emergency Response Building to be
ELKO COUNTY COMMISSION
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PAGE 10
located in Wells, Nevada. Proposals were received and opened on September
26, 2008. Pursuant to proposals, review and consider awarding the contract to
the appropriate party.
Lynn Forsberg stated two firms responded: Gary Guy Wilson Studios and
Sandberg Salemme Design Group SSDG, both from Las Vegas. The selection
committee consisted of Lynn Forsberg, Dale Johnson, Bill Webb and Jolene
Supp and they recommended the Sandberg Salemme Design Group.
MOTION: Commissioner Ellison moved for approval of not to exceed
$80,000 to Sandberg Salemme Design Group SSDG for
professional services. Commissioner Myers seconded the
motion. The motion passed unanimously
Commissioner Myers assumed control of the meeting at 3:30 p.m. Chairperson
Eklund-Brown deferred the meeting to Commissioner Myers because her
husband is the Director of Planning and Zoning.
XIII. ELKO COUNTY PLANNING AND ZONING DEPARTMENT:
Alternative Compliance Public Hearing:
Gary and Myra Porter - Alternative Compliance Request:
Pursuant to Notice 41-2008, conduct a Public Hearing on a request by
Gary and Myra Porter for alternate compliance from Elko County Code 5-2-17
(C) concerning an easement to a right of way and road construction requirements
on a parcel map described as follows: A parcel of land located in Section 14,
T.33N., R56E., MDB&M, File No. 120411,Elko County Recorder’s Office, Elko
County, Nevada.
The Board of County Commissioners will consider the request at this
hearing. Any person desiring to object or to support the request may appear at
the meeting of the Board, and shall be heard.
Randy Brown displayed a map and pointed out access from Corral Lane
and Gary’s Way. He noted this parcel was partially zoned industrial and the
other portion zoned special lands. He stated the Porters want to subdivide the
portion that was zoned industrial lands. He noted they had already granted an
alternate compliance on a portion of the road to service this lot. He stated staff
recommended that it be labeled as an irrevocable private easement for those two
lots because the road was contained internally. Commissioner Russell inquired if
road terminated in the two lots. Randy Brown stated the road terminated on
parcel 2 and one terminates on the County lot that Porter uses for access to the
main highway. Randy Brown stated they were in the process of rewriting that
agreement. He noted it was a revocable agreement. He stated it does assure
that parcel 1 has access off Corral Lane and Gary’s Way. Commissioner Russell
asked if it would increase the traffic capacity on that road. Randy Brown stated
ELKO COUNTY COMMISSION
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PAGE 11
the traffic would not be increased and they planned to limit the amount of traffic
on that road in the Agreement. Commissioner Eklund-Brown inquired what road
requirements would they alter. Randy Brown stated they would not alter any
road requirements but they would build a 26-foot gravel road but it was for
industrial properties and it was not for residential use. Commissioner EklundBrown asked for assurance that if this was approved the roads would be
sufficient for the industrial buyers. Randy Brown stated it would be private
easements with no county maintenance.
Commissioner Myers asked for public comment.
Becky Slater stated she owned a lot on 408 Sunshine Lane, which had a
storage building for Slater Seeding. She inquired if this would affect her access
to 408 Sunshine Lane. Gary Porter stated they were not close to that parcel and
would not affect the access road. Randy Brown displayed the map showing the
location of Sunshine Lane. Robert Stokes disclosed that Gary Porter’s father
was married to Michele Petty’s mother but that had no impact on the staff’s
decision.
Commissioner Eklund-Brown asked about staff requirements. Randy
Brown stated staff requirements would come out on the parcel map approval. He
stated the parcel map would go through the 30-day process. He believed the
minimum requirements would be a 26-foot wide gravel road and access through
Gary’s Way and Corral Lane and through the agreement through the Spring
Creek landfill. Commissioner Eklund-Brown inquired if it would go through
Planning and Zoning rather than the Planning Commission and she received an
affirmative response.
Randy Brown stated that there would be private
irrevocable easements so it would not come back before the Board. Randy
Brown clarified that they were looking for alternate compliance to accept an
irrevocable private easement in lieu of the 60-foot public right of way.
MOTION: Commissioner Ellison moved for approval based on the
directions of Randy Brown in Planning and Zoning for Gary
and Myra Porter’s alternate compliance request in Notice
41-2008. Commissioner Russell seconded the motion. The
motion passed unanimously.
Commissioner Myers called a recess at 3:39 p.m.
XIV. BOARD OF COUNTY HIGHWAY COMMISSIONERS:
Highway Chairman Myers called the Highway Board to order at 3:51 p.m.,
and adjourned the Highway Board at 4:18 p.m.
Chairperson Eklund-Brown assumed control of the meeting at 4:19 p.m.
ELKO COUNTY COMMISSION
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PAGE 12
XVIII. FEDERAL LEGISLATIVE ISSUES:
Discussion and consideration of issues regarding proposed federal
legislation that may affect Elko County including the recent approval of PILT and
Secure Rural Schools legislation and all other matters related, too.
Robert Stokes commented that Kevin Kirkeby had suggested that if they
were interested in transferring any public lands to the County through
appropriation, they should attach it to the Tribal Land Bill. Robert Stokes
suggested the Board look at the existing R&PP leases and rank their priorities.
Commissioner Myers stated the BMX track should be their first priority.
Commissioner Ellison commented they believed the west end of Elko was
secured for future expansion of the fairground facility ten years ago. Randy
Brown put a map on their computers for viewing of possible lands for
appropriation. There was a discussion on getting patents on existing leases and
applying for appropriation of the current leases in the Elko, Jackpot and the
Ryndon areas. Randy Brown recommended they submit Section 25 in the west
side of Elko as their priority for appropriation. He recommended they submit all
their currently leased public lands for appropriation through the bill.
MOTION: Commissioner
Russell
moved
to
follow
staff
recommendations on procedure in immediately applying
for these leases and opportunities. Commissioner Myers
seconded the motion. The motion passed unanimously.
Randy Brown stated he would submit the whole block for their first priority
under the appropriation.
Commissioner Ellison noted that the PILT would be fully funded until 2012.
He commented that the states of Idaho, Utah, Oregon, and California have
thanked Elko County for fighting for full funding on PILT. Commissioner Ellison
publicly thanked their congressional delegation and Western Counties Alliance
for their support. Robert Stokes stated they did not have the actual numbers or
the verbiage on that legislation. He stated the Secure Rural Schools legislation
would not affect this County as much as logging counties. He cautioned that in
the old legislation if a County used Secure Rural Schools’ monies for the road
then they saw a reduction in their PILT payment. He noted there was no
deduction to PILT if they use those funds for education. Robert Stokes had
spoken to Matt Tuma in Senator Reid’s Office and had requested additional
information. He had also spoken with Jeff Zander from the School District.
Commissioner Ellison noted that on November 17th there would be a “lame duck”
session. Commissioner Russell felt that with the economy in question they
should put any unallocated funds in an emergency fund.
ELKO COUNTY COMMISSION
REGULAR SESSION
OCTOBER 15, 2008
PAGE 13
VIII. COUNTY OFFICE BUILDING PROJECT:
Update report on the construction project for the new County Office
Complex and all other matters related, thereto.
Commissioner Eklund-Brown inquired when the power poles would come
out. He stated they were working on that and they had closed Fifth Street for the
water line upgrade.
XI.
TOWN OF JACKPOT:
JACKPOT SWIMMING POOL RE-PLASTERING PROJECT
(PWP-EL-2009-20):
Pursuant to Notice No. 39-2008, INVITATION TO BID, Jackpot Public
Pool Re-Plaster Project - Repair finish problems at Jackpot Public Pool, bids
were received and opened on October 13, 2008. Pursuant to bid review and
tabulation results, consider awarding the bid to the lowest responsive/responsible
bidder.
The Jackpot Town Board was called to order at 4:37 p.m. and adjourned at
4:38 p.m.
XV. ELKO COUNTY WATER RESOURCE ISSUES:
Discussion and consideration of water resource management and water
rights issues that may affect Elko County including possible discussion related to
the Southern Nevada Water Authority pipeline project, the Central Nevada
Regional Water Authority activities, issues, and all other matters related, thereto.
Commissioner Eklund-Brown stated they were still trying to arrange a
meeting with the State Engineer on the outstanding Elko County Recreational
Board water rights.
XVII. BUREAU OF LAND MANAGEMENT:
Battle Mountain District Office:
Cortez Gold Mines - Cortez Hills Expansion Project:
Discussion and consideration of comments regarding the Cortez Hills
Expansion Project in Lander and Eureka Counties that will include 6,571 acres of
new disturbance on public lands and add 10 years to the mine life, and all other
matters related, thereto.
MOTION: Commissioner Ellison moved for to send a letter of support
on the Cortez Hill Expansion Project in Lander and Eureka
Counties. Commissioner Myers seconded the motion.
Commissioner Ellison asked if there would be litigation. Commissioner
Eklund-Brown stated they had mitigated with all the stakeholders and they have
an alternative suggested. She noted that three counties were being affected but
76% of the people live in Elko County. She stated it would bring in an additional
ELKO COUNTY COMMISSION
REGULAR SESSION
OCTOBER 15, 2008
PAGE 14
10 million dollars in sales tax and 150 million dollars in purchases for the
expansion. Commissioner Eklund-Brown stated it would add an additional 285
permanent employees and 259 indirect employees for a total 544 new jobs.
The motion passed unanimously.
XIX. 2009 NEVADA LEGISLATIVE SESSION:
Discussion and consideration of issues and legislation related to the 2009
Nevada Legislative Session and all other matters related, thereto.
Robert Stokes would put an agenda item regarding their lobbyist on the
November 5th agenda. Commissioner Russell inquired if he would bring forth
potential candidates. Robert Stokes stated they would look at what the other
entities were doing. Commissioner Ellison inquired if they had utilized Mary
Walker. Robert Stokes stated the City of Elko had used Mary Walker on their
excess sales tax issue. He stated Mary was involved with other counties.
XX. COMMISSION MEETING CALENDAR:
November 5 & 6, 2008 – 1:30 p.m. – Elko – Courthouse
December 10, 2008 – 1:30 p.m. – Elko – Courthouse
MOTION: Commissioner Myers moved to approve the Commission
Meeting Calendar. Commissioner Ellison seconded the
motion.
Robert Stokes stated there would be a special meeting on the 12th of
November for approval of the election canvass. He stated the three bidders had
asked for an extension so there would be special meeting on the 29th of October
for the railport. The board suggested November 10th for the special meeting.
The motion passed unanimously.
XXI. CONSENT AGENDA:
A.
Presentation and review of claims for approval
B.
Approval of Minutes:
September 3, 2008:
1. Board of County Commissioners
2. Board of County Highway Commissioners
3. Liquor Board
C.
Human Services Department:
Approval of step increases for Sheriff’s Employee Association
Bargaining Unit: Vallerie Stienfield
MOTION: Commissioner Myers moved to approve the Consent
Agenda with whatever changes to the minutes submitted
ELKO COUNTY COMMISSION
REGULAR SESSION
OCTOBER 15, 2008
PAGE 15
by Commissioner Eklund-Brown. Commissioner Ellison
seconded the motion. The motion passed unanimously.
XXII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Commissioner Myers reported that the total cost for repair to the County
grader in Jarbidge was $19,816.20. He stated they would have to see what fund
they could take this cost from.
Commissioner Ellison asked them to look at the tape they just received
from the Jihad.
Commissioner Ellison departed from the meeting room at 4:49 p.m.
XXIII. NORTHEASTERN NEVADA REGIONAL RAILPORT:
Discussion and consideration of issues related to the Northeastern Nevada
Regional Railport and all other matters related, thereto.
Robert Stokes stated the original closing date on the bid was October 13
and the committee extended that deadline to the 20th of October. He stated there
was an additional request to the 23rd of October. He believed this would be the
last extension provided. Robert Stokes stated there were three pages of
amendments to the original bid and they were spending a lot of time with the
engineers from TranSystems. Commissioner Myers noted they had talked to the
proprietor of the fiber optic and they want their crews to dig that up. He stated
Jeff Williams laid that across the state. He stated they wished to have an
inspector on site any time the fiber optics were worked on. He noted an
inspector cost $385.00 per day.
XXIV. ADJOURNMENT:
MOTION: Commissioner Myers moved to adjourn the meeting.
Commissioner Russell seconded the motion. The motion
passed unanimously.
There being no further business to come before the Board, the meeting
was adjourned.
APPROVED,
SHERI EKLUND-BROWN, Chairman
ATTEST:
MARILYN TIPTON, Deputy Clerk
ELKO COUNTY COMMISSION
REGULAR SESSION
OCTOBER 15, 2008
PAGE 16