STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.
JULY 26, 2005
The Board of Elko County Commissioners met in a special session on July 26, 2005
at 4:00 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko,
Nevada.
There were present:
County Commissioners
County Manager
Deputy District Attorney
Deputy County Clerk
NDF
NDF
Charlie Myers, Chair
John Ellison
Warren Russell
Sheri Eklund-Brown
Mike Nannini
Robert Stokes
Kristin McQueary
Marilyn Tipton
Bill Wolf
Keven Hall
--The proceedings were as follows:
CALL TO ORDER:
Chairman Myers called the meeting to order at 4:08 p.m.
COMMENTS BY THE GENERAL PUBLIC:
No public comments were submitted.
BURN BARREL RESTRICTION:
The Board reviewed and considered approval of a restriction in the use
of trash burn barrels due to the extreme wildfire danger in Elko County. The
heavier fuel loading and high temperature conditions have contributed to a
higher potential for wildfire activity, even with the recent moisture received in
the County. This action would stop the use of burn barrels during this period
of high wildfire danger.
Bill Wolf noted historically Elko County had not gone into fire restrictions.
He stated that previously Elko County did not have the human caused starts
that would warrant this action. Bill Wolf believed that was because the
County=s population was well oriented with fire and safety precautions.
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However, fuel loading was four times what they normally see and that
amount of grass had caused extreme fire danger. He stated they were
seeing more man caused starts this year with normal activities. Bill Wolf
reviewed the fires which were started from people driving on their own
property and two incidents of fires started with burn barrels. Bill Wolf stated
NDF was asking the County Commission to place a moratorium on people
using the burn barrels until the weather changed.
Commissioner Myers asked how they would notify the public. Bill Wolf
replied they would announce it through the local news media.
Commissioner Myers inquired about the consequences for not obeying the
law. Bill Wolf replied that if there was a restriction in place and a person
violates that restriction then they may be liable for suppression costs if their
actions started a fire. He felt if the fire went onto another person=s property
then there may be grounds for a civil action. Commissioner Ellison asked if
they had considered the consequences of illegal dumping caused when the
restrictions on burn barrels were imposed. He felt that more illegal dumping
could cause a bigger fire hazard. He inquired if this would apply to
subdivisions or ranches. He noted that ranchers would have to travel 60 to 70
miles to drive to a dump. Bill Wolf stated they had discussed those
considerations. He hoped the people would recognize the fact that this
restriction was only temporary. He felt by mid September the weather
conditions would change so they could lift that ban. Bill Wolf hoped the
people recognized that dumping was illegal. He commented that a fire on a
ranch would have a greater impact because the resources to fight that fire
were farther away. He did not know how they would differentiate between a
ranch and a subdivision. Commissioner Ellison noted that people outside of
Wells have been burning for more than fifty years and took precautions. He
was in favor of the restriction but did not want to see a large financial
impact. Commissioner Nannini agreed with Commissioner Ellison. He
inquired if they would consider putting the restriction on for only thirty days
and then renew it again if the fire danger continued. Commissioner Nannini
commented that a lot of people he knew depended on the burn barrels and
used the burn barrels on a daily basis.
Commissioner Myers commented that they may have a few ranchers
that use burn barrels but he questioned the financial impact if there was a
fire or it someone=s life was in jeopardy. Commissioner Ellison noted the
ELKO COUNTY COMMISSION
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amount of grass and that they were in the middle of the fire season but there
were only two fires caused from burn barrels. Commissioner Myers felt this
was a proactive measure. Bill Wolf stated part of their logic was because of
the fuel loading, and this year any fire started would be harder to control. He
reported that normal initial attacks could not catch the lightening fires two
weeks ago. Bill Wolf stated there were air resources out of Battle Mountain
which were utilized to control those fires. Bill Wolf explained it was not normal
to use air tankers in their initial attack. Commissioner Nannini noted the
restriction would only be in effect during August. He commented that Bill
Wolf had suggested through mid September. Commissioner Nannini stated
that after 30 days they could reevaluate it and go more days if needed.
Robert Stokes reminded them that their first meeting in September was on
September 7, 2005. Commissioner Eklund-Brown believed the press release
would go out today. Commissioner Myers noted that the resources were
getting really stretched and when they had five or six fires it would be hard to
find more resources. He supported the 30-day restriction. Commissioner
Russell stated one of their primary responsibilities was to protect the health
and safety of the residents. He commented that in the instance of illegal
dumping versus potential fire, he felt the fire danger was a higher priority. Bill
Wolf expressed appreciation for their support on this issue. He commented
that Keven Hall had more statistics on the fires.
MOTION: Commissioner Ellison moved to implement the restriction of
burn barrels for the next 30 days due to extreme fire danger
in Elko County, and bring it back to the Board.
Commissioner Nannini requested that he amend his motion to put it on
the first meeting in September.
Commissioner Ellison amended his motion to have this put on
the agenda for the first meeting in September.
Commissioner Russell seconded the motion.
Commissioner Myers requested that someone from NDF be present at
their meeting in September to give them an update on whether to continue
the restriction. Keven Hall stated they would come in before, if the weather
changed, and ask for that restriction to be lifted.
The motion was passed unanimously.
WEST NILE VIRUS:
The Board considered measures to address the issue of mosquitos and
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West Nile Virus. Elko County was notified Friday morning that a small bird in
the Spring Creek area tested positive for the West Nile Virus.
State officials have advised that the most effective measures that Elko
County residents could do to insure personal protection from mosquito bites
were to use insect repellant, and wear long pants and long sleeve shirts
during the peak mosquito feeding times of the early morning and evening.
Robert Stokes stated he had spoken to Dr. David Thain, Nevada State
Veterinarian, last week and passed out copies of the Nevada Department of
Agriculture press releases. Robert Stokes noted in the press release dated July
20th the State reported they had tested over 1500 mosquito pools, 40 dead
birds and 36 horse samples. He noted they had received their first positive
results last week and now the bird in Spring Creek had tested positive. Robert
Stokes commented that in their press releases the State advised the
individuals to protect themselves from mosquito bites. Robert Stokes stated in
the handout from the Center for Disease Control they also advised individuals
to protect themselves from mosquito bites. Robert Stokes commented that
the County had participated in spraying along the Humboldt River. He had
asked Otis Tipton to come in today in case they had any technical questions.
He had inquired if the County could go out to Spring Creek and spray but
was informed that they do not have that option. Commissioner Eklund-Brown
inquired what other measures could the County take. Commissioner Myers
suggested that during their weekly radio program they should address the
things they could do. He noted that the Nevada Department of
Agriculture=s news release outlines several things they could do.
Commissioner Eklund-Brown inquired if they could do additional spraying as
preventive measures. Otis Tipton did not think they could do more than the
aerial spraying. He stated they may do fogging in concentrated areas. He
commented that due to the flooding they could not use larvicide. However,
if during next year the water stays at the normal level then they could look at
larvicide. Commissioner Myers felt that with all the rain there were probably
still puddles standing throughout the County. He noted when he sat on the
City Council they discussed dropping pellets into those standing water areas.
Otis Tipton stated that would be the larvicide. Commissioner Myers asked
that Otis bring back a cost for that procedure. Commissioner Ellison noted
that he had worked with a Texas company and was trying to get those costs.
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He stated they could not use the larvicide this year because the water
moved too fast. Commissioner Ellison stated the cost for spraying the larvae
would be double the cost of aerial spraying. He stated that if they sprayed
the populated areas around Elko, Carlin and Wells it would be about
$30,000.00. Otis Tipton noted standing water was worse. Commissioner Myers
requested the estimated costs and what the restrictions were. Otis Tipton
stated he would give them that information because he was licensed in
aquatics. Commissioner Ellison felt they should proceed with the larvicide
next year. Commissioner Eklund-Brown asked for the windows on the season.
Otis Tipton noted they missed the most important part of the season. He
stated the most important thing people need to know was that they should
use personal protective equipment such as sprays that have DEET.
Commissioner Eklund-Brown stated they could carry a Bounce sheet in their
pocket. Otis Tipton felt the Board needed to be prepared what would
happen. He stated one incident did not confirm it. He noted that it would
take four or five incidents to confirm the virus in a specific area. Otis Tipton
commented then the State would record that they had the West Nile Virus.
He noted that once they have the confirmation of the virus they would have
two years when they would get hit hard. However, after that time, the birds,
humans and people would build up immunity. Commissioner Myers felt that
they should be educated. He stated they were finding dead birds in their
yard all the time. Otis Tipton instructed them how to bag the dead birds and
dispose of them immediately. Commissioner Eklund-Brown felt a lot of the
horse owners had not vaccinated their horses. Otis Tipton stated horses, birds
and people were the three main species to be impacted. He noted very few
horses would survive. Otis Tipton stated the first year they vaccinate their
horse it would take two shots and then one shot annually. Commissioner
Myers suggested that they talk about it on the radio tomorrow. Commissioner
Ellison felt they had other cases of the WNV which has not been confirmed.
He noted that they needed confirmed cases in humans in order to apply for
funding. Commissioner Ellison stated they would have one more aerial spray
performed for mosquitos. He would like to look into spraying for South Fork
and Spring Creek. Otis Tipton noted they could not spray over residential
because it was against the law. He stated that they could spray manually,
go into residential with foggers, or go along the banks with larvicide.
Christopher Carr, President of the Spring Creek Association, stated the
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Association did not have a budget for mosquito abatement. He stated that
issue would be considered in their 2006 budget. Chris Carr agreed that they
could not spray over a residential zone. He stated they could do things along
in the streams and around the marina. He stated they have had a build up
of water near the sports complex, and the trap and skeet area due to the
high waters this Spring. He noted most of that was moving water and was not
stagnating water. He stated they also have fish stocked in their marina which
ate the mosquito larvae. Chris Carr stated that in front of the marina there
were low areas where they may have standing water. He stated they would
be watching those areas and may do some spot treatments. Chris Carr
hoped to increase the budget for mosquito abatement. Commissioner Ellison
noted Reno did have foggers which could be pulled behind a pickup. Otis
Tipton stated that they could get as many foggers as they wanted but he did
not use them. He stated that in the marshy areas, they may want to use
them. Otis Tipton commented that Winnemucca had an assessment district
that helped finance the mosquito abatement. Otis Tipton stated that they
had to be very careful with fogging especially in Spring Creek because they
have bee keepers. Otis Tipton stated the majority of the people may not
want them to do fogging. He reminded them of the day when the kids used
to follow behind the foggers down the streets. Otis Tipton suggested larvicide
in the standing water and when fertilizing their turf such as golf courses, they
should apply insecticide. Commissioner Nannini commented he had their
home sprayed which was across the street from the golf course that had
standing water. He commented that they do not have any mosquitos now.
Otis Tipton suggested that they may want to get information out to the
people that when they fertilize their own lawns they should put insecticide in
their lawns. He stated the people who have ponds in their back yard may
want to drain them this year. Commissioner Myers inquired about the residual
of the spray and received the reply of 20 or 30 days. Commissioner EklundBrown Sheri suggested they put out information to the public through the next
Spring Creek newsletter about the burn barrels and the West Nile Virus. Chris
Carr noted the Spring Creek Journal was a quarterly publication which just
came out a week ago. He stated they would make announcements and
post this information. Chris Carr stated he would be on the radio on Friday.
Commissioner Eklund-Brown inquired when the property tax would go out
because they could put in a press release with them. Kristin McQueary noted
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the first installment was due on the first of August so those notices had
already gone out. Robert Stokes noted the newspaper had been very helpful
in notifying the public. Commissioner Eklund-Brown suggested they put in a
press release with the billings for sewer and water in the unincorporated
areas. Commissioner Ellison noted this was the first time Elko County had
participated in spraying along the river. Commissioner Myers stated they
would have to talk about the standing water on the radio program.
COUNTY COMMISSIONERS AND COUNTY STAFF/S COMMENTS:
Robert Stokes met with SHPO personnel, Rebecca Ossa and Kelly
Osborne, on phase 2 of the Tuscarora Tavern project. He was given a strong
recommendation to wait until the bonds were sold to start on phase two. He
stated it may be as late as October. Robert Stokes stated it may be next
Spring before they could go out to bid. He stated the time frame for the
grant was through December of 2006. Robert Stokes stated both Kelly and
Rebecca assured them that they may extend beyond that deadline. Robert
Stokes noted the third round for the grant applications were due in October.
He had discussed with SHPO staff about submitting the grant application for
the third phase before completing phase two of the project. Commissioner
Ellison inquired if this was also a bonding round. Robert Stokes explained the
bond was for a ten-year period. He was informed that they had just
completed a ten-year period and were starting a new ten-year period. He
believed this was only hiccup in the funding issue. Robert Stokes commented
that SHPO was aware that they would be applying for the third phase of
funding before completion of the second phase.
Robert Stokes reported he had met with Steven Hansen of the Nevada
Health Centers. He would give them a full report during the next meeting.
However, before September 1, the County Public Health Office would close
here and direct patient services would be provided at the Elko Nevada
Health Clinic. Robert Stokes stated the State employed Public Health Nurse
would still be available. However, the County employed Public Health Nurse
would be coming in for an early buy out because her position would go
away. Robert Stokes stated this would be in line with the early buy-out
program.
Commissioner Russell noted he, Commissioner Eklund-Brown and Robert
Stokes had been assigned to a committee to work on a statement to be
submitted for the BLM-EIS. He stated the deadline was August 1, 2005, for the
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comment period on the pipeline from Southern Nevada. Commissioner
Eklund-Brown noted that Commissioner Russell recommended it be ran by
Michael Buschelman through e-mail before it was sent. She agreed with that
suggestion.
Commissioner Eklund-Brown stated she had spoken to the owner of the
Tuscarora cemetery and he would be in town in early August. She hoped to
meet with them to discuss this issue.
Commissioner Eklund-Brown noted she represented Elko County at the
Sierra Pacific Economic dinner. She reported that there was a great
presentation and Sierra Pacific was very aggressive in supporting economic
development.
Commissioner Ellison noted they received calls on the Jack Creek road.
He stated the rancher who was going to repair the road worried about
percussions from the Forest Service or people down the road. Commissioner
Nannini stated the rancher told him the road was fixed. Robert Stokes noted
he had discussed this road this morning with Commissioner Russell and Otis
Tipton. He commented that Commissioner Myers brought in the maps for
review that Randy Brown prepared for them. He stated it would be on the
agenda next week for some action. Commissioner Russell stated he would
run up Jack Creek on Wednesday or Thursday and view the area. He noted
Otis Tipton and some folks were very familiar with that road. Kristin McQueary
noted an RS 2477 determination was very fact specific to each individual
road. Kristin McQueary stated with regards to public land if it became a road
prior to public land being reserved for another purpose such as the creation
of a Forest, then it could probably be an RS 2477. She stated if it was private
property first and then a road was created across the private property then
the road could be some flavor of an easement. Kristin McQueary stated if
the road was crossing BLM property, then the FLPMA of 1976 foreclosed the
creation of any new RS 2477 roads. Kristin McQueary noted they would have
to view the historical background of each road. She commented that just
because a road existed did not necessarily make it a public road.
Commissioner Nannini stated the spot that was washed out was upon the
Ellison Ranching Company, LLC. property. He stated the Ellison Ranch gave
permission to the other rancher to fix the road in order for them to get across
to do their haying. He stated that rancher had their own gravel to fix the
road. Commissioner Myers believed that there were two easements on that
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road.
ADJOURNMENT:
There being no further action to come before the Board, the meeting
was adjourned.
APPROVED,
CHARLIE MYERS, Chairman
ATTEST:
MARILYN TIPTON, Deputy Clerk
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