Elko County Board of Commissioners · 2019. 6. 10. · ELKO COUNTY COMMISSION REGULAR SESSION MARCH 7, 2012 PAGE 2 Commission monthly updates from the Wildlife Advisory Board. He

ELKO COUNTY COMMISSION

REGULAR SESSION

MARCH 7, 2012

PAGE 1

Elko County Board of CommissionersCommissioners

Demar DahlGlen Guttry

Charlie MyersWarren Russell

R. Jeff WilliamsElko County Manager

Robert K. Stokes

STATE OF NEVADA )COUNTY OF ELKO ) ss. MARCH 7, 2012

The Board of Elko County Commissioners met in regular session onWednesday, March 7, 2012, at 1:30 p.m., in Suite 102 of the NanniniAdministrative Building at 540 Court Street, Elko, Nevada.

There were present: County CommissionersABSENT R. Jeff Williams, Chair

Demar DahlGlen GuttryCharlie MyersWarren Russell

County Manager Robert StokesCFO/Asst Manager Cash MinorDeputy District Attorney Kristin McQuearyDeputy County Clerk Marilyn TiptonLibrary Director Jeanette HammonsSheriff James PittsDeputy Comptroller Debbie ArmuthRoad Supervisor Otis TiptonCounty Clerk Carol Fosmo

Vice Chairman Guttry called the meeting to order at 1:30 p.m.Commissioner Dahl led the meeting participants in the Pledge of

Allegiance.Vice Chair Guttry commented Commissioner Williams was absent today.

1:32:13 PM

I. COMMENTS BY THE GENERAL PUBLIC:Ken Wellington, Chairman of the Elko County Wildlife Advisory Board, had

submitted written comments to the Commission upon the sage grousesymposium. He requested to be placed upon the agenda to give the


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Commission monthly updates from the Wildlife Advisory Board. He has beenspeaking to Ken Mayer about the conflict on the sage grouse and the listing.

Ken Wellington stated on February 2, 2012, Judge Winmill ruled in favor ofthe BLM, Nevada Department of Wildlife and the National Technical Team,because of the BLM Interim Management Plan. He stated the Judge haddeferred decision until September 30, 2015 and requested four items beaddressed. Ken Wellington stated on March 21st at 6:00 p.m., the WildlifeAdvisory Board would host several speakers. He stated the speakers were asfollows: Shawn Espinoza from the Department of Wildlife to give a power pointregarding the listing and status of the sage grouse; Peter S. Coates, a biologistfrom USGS Western Ecological Research Center, to speak upon predation,mitigation and solutions; and Steven Abel, of the U.S. Fish and Wildlife Service.Ken Wellington had invited the BLM and the Forest Service to be represented.He invited the Commission to attend the March 21, 2012 meeting.

Commissioner Myers requested a quorum agenda for that meeting.Paulette Cummings, Elko Vocational Rehab Center, gave an update on

their map wherein they have located 150 to 200 clients from Elko Mental Health,Rural Regional Senior Center and others working with rehab. She stated themap was not completed. Karen Clanton, of United Cerebral palsy, stated theseclients could utilize the bus from Spring Creek and Elko. She stated this wouldonly work if the grants were in place and these people were entitled under thegrant process.

Commissioner Guttry inquired if these people were currently using theCounty NEAT bus system. Karen Clanton stated most of them were not.Paulette Cummings explained that if they follow through with the grants thenthese people would be able to ride. Karen Clanton stated these were federaltransportation grants and the information came from the Easter Seals Project“United We Ride”. Karen Clanton said multiple agencies could apply for grants.

Commissioner Myers suggested they submit this information to CUSA whowas the providers to the system. He stated they may be able to facilitate some ofthe additional routes.

Karen Clanton had spoken to Abbey but they wanted to present the newversion of the map to the County Commission first.

Commissioner Russell read Article 2, Section 1, of the Constitution of theUnited States.1:46:27 PM

II. PACE COALITION:Discussion and consideration of recognition of three Elko County Students

for winning slogans in a National “Above the Influence” BE IT campaign.


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Cathy McAdoo, PACE Director, spoke upon the importance of investmentin the Elko County youth. She introduced the PACE Prevention Coordinator,Michelle Smietana, who worked with students at West Wendover and Elko HighSchools to create slogans. Cathy McAdoo reported 52 students participated andthe independent youth team selected the top slogans to be sent back to thenational office. She said some of the slogans would be on the radio or in printmedia for the Elko County area. Cathy McAdoo presented the three sloganwinners as follows: Tianah Sweat from West Wendover, whose slogan would beplaced on a federally funded billboard; Sierra Dumas and Alyssa Vangard, ElkoHigh School students, slogans would be in audio media throughout Elko County.Cathy McAdoo spoke upon the support of the parents, teachers, and JackFrench from the Elko County School District.

Vice Chairman Guttry presented the Certificates of Recognition.1:55:22 PM

III. ELKO COUNTY ECONOMIC DIVERSIFICATION AUTHORITY (ECEDA):Discussion and consideration of issues related to ECEDA including

upcoming training and planning activities related to recent changes in the StateEconomic Development Strategy.

Pam Borda, Executive Director of the Northeastern Nevada RegionalDevelopment Authority, commented they would begin their regional planning withthe State paying for the first phase. The first meeting will be held on March 29th

from 4 p.m. to 9 p.m. and 8 a.m. to Noon on March 30, 2012. She invited theCommission, the County Manager and key staff to attend. Pam Bordacommented they would look at the individual communities’ goals in subsequentphases. She stated surrounding counties have been invited to the meeting butsome of them have declined; some would send representatives to observe.

Commissioner Dahl inquired which counties were officially participating.Pam Borda stated Lander, Eureka and White Pine counties would sendrepresentatives and participate.

Robert Stokes stated the NACO retreat was planned on the 29th inHawthorne.2:00:27 PM

IV. DENTISTRY RESTRICTED GEOGRAPHICAL LICENSE REQUEST:Discussion and consideration of a request by Kent J. Allen, DDS, and

Shannon Widmier, DDS, for a Dentistry Restricted Geographical License asallowed by NRS Chapter 631. This request was to practice in the WellsCommunity.

Robert Stokes stated due to conflicting schedules the dentists were unableto attend today. He stated they had received written comments in support from


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the City of Wells. Commissioner Dahl supported approval for both of theseindividuals.MOTION: Commissioner Myers moved to approve a Dentistry Restricted

Geographical License for Kent J. Allen, DDS and ShannonWidmier, DDS. Commissioner Russell seconded the motion.The motion passed unanimously.

2:02:00 PM

V. 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. Law Library andLibrary minutes were submitted previously.

Jeanette Hammons, Library Director, stated there was nothing to report forthe Law Library. She reviewed their cowboy poetry programs, and a visit fromClifford the dog. Jeanette Hammons stated Buildings and Grounds would beinstalling a handicap restroom in the former book sale room. The book sale roomwas in the word processing room and the word processing room was in theformer reference office. Jeanette Hammons stated on Monday, May 7th thelibrary would be closed in order for them to work on their needs assessmentsurvey. She noted some of them were on the steering committee and would beattending. She stated they were also on the stakeholder’s list and they wouldcontact them for their conference with the consultants. Jeanette Hammonsstated they had a MOU with the Elko County School District supporting theStriving Reader’s Comprehensive Literacy Grant efforts. She stated DonnettaSkinner, Carlin City Councilwoman, had informed her that the Carlin Branchinterior and landscaping had gone to bid February 3rd. They hoped the facilitywould be reopened by the end of July or first of August.2:05:34 PM

VI. SPRING CREEK ASSOCIATION:Water Rate Increase Request:Discussion and consideration of issues related to the Spring Creek Utilities

Water Rate Increase request before the Nevada Public Utilities Commission(PUC).

Mary Winter, SCA President, stated the Public Utilities Consumer Sessionfor the Water General Rate Case was attended by approximately 300 people.She stated Commissioners and an Assemblyman were present. Mary Winterreported the community members and the Spring Creek Association expressedtheir concerns and community volunteer engineers gave testimony. Mary Winterbelieved the PUC received the message that the community was at ratesaturation in 2006. It was expressed any new rate increases needed to bereasonable and the utility needs to show evidence of prudent planning and good


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business practices. Mary Winter stated they would bring issues into the hearingsuch as denial of capital projects that were advanced without permit andrecovery of litigation upon the Sarman case which was excessive.

Katie McConnell, of Copenhaver and McConnell representing the SpringCreek Association, reported the Spring Creek Utilities rate case was filed inDecember. She stated the Spring Creek Association moved to be an intervenerin January and PUC Commissioner Noble granted the SCA request to be anintervener in February. She stated the PUC hearing dates were May 21, 22 and23rd in Carson City and they have requested videoconferencing because it wasnot feasible for everyone to attend. She stated the public, their expert witnesses,Commissioners, and Assemblyman could then testify. Katie McConnellrequested a letter of support from the County Commission supportingvideoconferencing the hearing to Elko, Nevada. Commissioner Myersrecommended a County letter of support and noted the college was on the stateweb site and could handle a large group.MOTION: Commissioner Dahl moved to write a letter of support.

Commissioner Myers attended the meeting last night and verified it waswell attended and the SCA board members and volunteer engineers gaveexcellent testimony. He felt their letter should oppose the rate increase andsupport the consumers. Commissioner Myers stated this rate increase was 63%and their last increase was 157% in 2008. He stated some people’s water billswent from $76 to almost $500 per month. Katie McConnell noted there wastestimony that a water bill of $600 would increase to $1,200 with this rateincrease.

Commissioner Myers seconded the motion.Commissioner Dahl inquired if they want the two different letters into the

same motion. Commissioner Myers agreed.Commissioner Dahl amended his motion for a letter to also bedrafted in opposition to the rate increase. Commissioner Myersseconded the amended motion.

Commissioner Russell stated several years ago he represented the SCAbefore the PUC and the PUC allowed his testimony because of support of theConsumer Protection Representative. He agreed they should argue the attorneycosts but suggested they segregate those costs from the other capital costs toget a favorable response from the PUC. He had submitted his comments to thePUC Secretary in written form because he could not attend the Tuesday meeting.Commissioner Russell stressed people from Elko County should attend thatmeeting in Carson City if possible. Commissioner Myers suggestedAssemblyman Ellison and David Stanton testify in person. Katie McConnellstated David Stanton agreed to testify by video but cannot take three days off


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work. Commissioner Guttry recommended a core group attend the meeting inCarson City. He suggested they submit a letter but not blanket a “no rateincrease”. He stated a reasonable rate increase might be warranted.Commissioner Myers believed the SCA would come back with what theyconsider was reasonable costs. He believed their letter should support the SCAdetermination. Commissioner Myers commented this was a private utility actinglike a public utility. He requested that all five commissioners sign that letter.

Commissioner Russell stated the Consumer Protection representativewould be looking out for the interests of the consumers and it was beneficial toattend in person so they could discuss issues before the hearing with thatrepresentative.

Commissioner Myers suggested they add into the letter a request for thePUC to reinstate the PUC position in Elko.

The motion passed unanimously.

X. ELKO COUNTY EMPLOYEES ASSOCIATION (General & SupervisorUnits).Discussion and consideration of approval of a labor agreement with the

General and Supervisor Units of the Elko County Employees Association for theperiod of July 1, 2011 through June 30, 2013. Fiscal Analysis was previouslysubmitted.

Cash Minor reported they had negotiated two year contracts with a 0%increase. He stated the County would provide them with a return of the PERSrate increase and the total fiscal impact of that with benefits would be $76,900.Cash Minor stated there would be a cost savings with the Ambulance and theywent to a uniform allowance rather than buying the uniforms. Cash Minor statedif the uniform was destroyed within the line of duty the County would replace it.He stated new hires would be given two uniforms when hired.MOTION: Commissioner Myers moved to approve a labor agreement with

the General and Supervisor Units of the Elko County EmployeesAssociation for July 2, 2011 through June 30, 2013.Commissioner Russell seconded the motion. The motionpassed unanimously.

XI. ELKO COUNTY FISCAL AFFAIRS:A. NDOT / Federal Transit Administration (FTA) Grant:Discussion and consideration of approval of a NDOT/FTA grant for an

amount not to exceed $1,087,000 for bus transit services in the Elko area.Cash Minor stated this was the grant they were operating under starting

October 1, 2011.


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MOTION: Commissioner Myers moved to approve a NDOT/FTA grant foran amount not to exceed $1,087,000 for bus transit services inthe Elko Area. Commissioner Dahl seconded the motion. Themotion passed unanimously.

2:27:56 PM

B. Discussion and consideration of the designation of an independent auditorto prepare the Annual Audit for three Fiscal Years ending June 30, 2012 throughJune 30, 2014 pursuant to NRS 354.624(3).

Cash Minor stated they usually do a multiple year contract with auditorsand the last contract ended June 30, 2011. He stated in March they werestatutory required to appoint an auditor. Cash Minor reported that the fee for thecoming year was the same as the prior year $104,000 and the other two yearswas open for negotiations. He recommended approval.MOTION: Commissioner Myers moved to designate Kafoury & Armstrong

as the independent auditor to prepare the Annual Audit for threeFiscal Years ending June 30, 2012 through June 30, 2014.Commissioner Dahl seconded the motion. The motion passedunanimously.

2:28:33 PM

C. Discussion and consideration of a proposed Elko County RehirePolicy and Potential Budgetary Cuts.

Debbie Armuth stated the biggest change from the initial policy was a 90days vacancy period rather than 120 days. She stated that position wouldremain vacant for 90 days but they could start the rehire process and advertising.Debbie Armuth stated the County Manager appeal process was eliminated.

Commissioner Myers stated they had received feedback from thedepartments and they were not happy with the time frame. He stated it takes 60to 65 days in the normal rehire process. He stated under the changes they couldadvertise and go through the process up to the person sign up until that 90th day.MOTION: Commissioner Myers moved to approve the proposed Elko

County Rehire Policy. Commissioner Dahl seconded themotion.

Otis Tipton stated he had submitted written comments. He voiced concernwith having one-person/one-position issue. He stated it was not cost effective tohire Cashman as their mechanic at $150 per hour while waiting for the position tobe filled. He stated there were several one-person positions within hisdepartment.

Commissioner Myers stated those positions could go directly to the BudgetReview Committee.


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Otis Tipton suggested they allow all the Department Heads to review thesepolicy changes on Tuesday at the Department Head meeting.

Commissioner Guttry believed his concern was addressed in the revision.Commissioner Myers stated every department would have that special

position that they would have to bring to the Budget Committee to see if it had tobe filled. He believed the time to put someone on would be a money savings.

Otis Tipton stated they have always had a money savings because theprocess takes five to six weeks.MOTION: Commissioner Myers rescinded his motion. Commissioner Dahl

rescinded his second of the motion. The motion died.Commissioner Guttry requested that it be back upon the agenda at the next

meeting.2:35:09 PM

D. Discussion and consideration of the schedule for the developmentand adoption of the FY 2012-2013 Fiscal Budget.MOTION: Commissioner Myers moved to approve the schedule for the

adoption of the FY 2012-2013 Fiscal Budget. CommissionerRussell seconded the motion. The motion passed unanimously.

2:35:44 PM

E. Discussion and consideration of approval of an amendment to theInterlocal Contract with the Nevada Division of Mental Health and DevelopmentalServices for youth with developmental disabilities.

Debbie Armuth stated the 2011 legislature made the counties responsiblefor these various programs. She had spoken with Barbara Legier, of the StateMental Health, who explained the contract. She stated the County had a choiceon the percentage of federal poverty guidelines 100%, 200%, or 300% and mostof the counties chose 200%. She recommended the County choose 200% butthere would be seven families dropped off the service list. Debbie Armuth statedthese people could receive the services but the County would not pay for them.Debbie stated if they selected 100% then it would drop off fifteen people.Commissioner Russell noted some people under $53,000 income could notafford these services and supported the 200% which was comparable to theother counties.

Commissioner Guttry inquired about the budget impact. Cash Minorreplied it would be a $27,000 to a $32,000 budget impact. Debbie Armuth statedthe Budget Review Committee chose the following services: the Purchase ofService of $250.00 per year, per child for emergency services and the RespiteServices in the amount of $125 per month, per child.MOTION: Commissioner Myers moved to approve the amendment to the

Interlocal Contract with the Nevada Division of Mental Health


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and Developmental Services for Youth with DevelopmentalDisabilities and take their poverty level to 200%, pay for RespiteServices of $125 per month per child and $250 per child forPurchase of Service. Commissioner Dahl seconded the motion.The motion passed unanimously.

2:46:45 PM

F. Discussion and consideration of estimates and issues related to thedevelopment of video streaming in the Commission Chambers.

Robert Stokes thanked Michelle Petty and Gary Combrink for theestimates. He stated three companies were evaluated: Granicus, Swagit, andStreaming Guys. He commented Granicus was recommended because it wouldallow them to do streaming during the Commission meetings in this room andallow for the meetings to be archived. Robert Stokes stated there were unlimitedviewers. He expected that Planning, NRMAC, and the County Wildlife AdvisoryBoard could utilize the program. Robert Stokes stated the initial cost was $9,000and it was within the budget. He stated the yearly cost would be $10,500thereafter. Robert Stokes stated this service was available through DSL so aperson could hear the audio even if the video was slow due to buffering. Hecautioned this was not video conferencing; it was audio and video streaming.

Harry Botsford asked that the group do select streaming within the 50 limitto catch massive audiences. Commissioner Myers stated Granicus wasunlimited. Harry Botsford stated unlimited runs out of server time and they maywant to block out some IPs so they could cover large groups.MOTION: Commissioner Russell moved to approve Granicus for the

amount specified. Commissioner Myers seconded the motion.The motion passed unanimously.

XII. NEVADA CONSOLIDATED SALES TAX:Discussion and consideration of issues related to the Legislative Study

Subcommittee to review the allocation of funds distributed from the LocalGovernment Tax Distribution Account and all other matters related, thereto.

Assembly Bill 71 from the 2011 Legislative Session created an interimsubcommittee to study the distribution formula to local governments of sales taxfunds. Since these funds are a significant source of local government revenue,Elko County will follow the subcommittee’s work with interest. The next meetingof the Subcommittee is March 15, 2012.

Cash Minor had received an agenda for the March 15th meeting. He statedit was a continuation of the meeting that the Counties and other localgovernments had previously submitted letters regarding the formula.2:56:57 PM RECESS


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Vice-Chairman Guttry called a recess at 2:56 p.m.3:05:45 PM RECONVENE

Vice-Chairman Guttry reconvened the meeting at 3:05 p.m.Commissioner Dahl assumed control of the meeting.

VII. US DEPARTMENT OF THE INTERIOR – BUREAU OF LANDMANAGEMENT:

Greater Sage-Grouse Interim Management Policies and ProceduresInstruction Memorandum (IM) No. 2012-043

Discussion and consideration of issues related to the Greater Sage-GrouseInterim Management Policies and Procedures IM including impacts to publiclands management processes and operations including the Public Meetings heldat the Elko Convention Center on March 3, 2012 and the BLM OpenCommunications Meeting.

Dave Overcast, of the BLM, gave an update on the March 3rd meeting. Heexplained Instruction Memorandum 43 was interim guidance for the next coupleof years and IM-44 was the strategy that was attached to the National TechnicalTeam Report. He stated they have communicated with the people that haveresponded and communicated with the State Office who take it to the NationalOffice. David Overcast presented the US Fish and Wildlife Sage Grouse ThreatGraph. He explained the four threats identified by Judge Winmill were invasivespecies, infrastructure, wildfire and oil and gas. He noted Boyd Spratlingencouraged them to distinguish whether these were perceived threats or whetherthey were actual threats. David Overcast stated they had discussed preliminarypriority habitat and preliminary general habitat. He reviewed the NDOW habitatcategorization map. David Overcast stated by the end of week the BLM wouldhave their map out designating their categorization of habitat.

David Overcast stated he would attend any meeting the Commissionerswere willing to call. He noted this discussion was upon interim guidance butsuggested it would be more beneficial for the County to go into the planningstrategy. David Overcast stated the scoping comments end March 23rd on theplanning strategy. He said those comments would go into the EIS that doesamend the land use plans and some of the Forest Service Plans.

David Overcast displayed the NDOW collared sage grouse migration graphover an eight year period. David Overcast stated the BLM deferred their decisionon the China Mountain Project until the EIS was in place for sage grouse whichwas anticipated in September 2014 as well as the completion of the JarbidgeResource Management revision. David Overcast stated their concern was thisarea contains approximately 42% of the sage grouse population in Sage GrouseManagement Zone 4 according to the Western Association of Fish and WildlifeAgency. David Overcast believed it was under the preliminary priority habitat.


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He stated the IM instructs them to take a careful look at conservation measuresfor sage grouse while entertaining and working through renewable energyresources. David Overcast stated Nevada’s portion was 23 towers and anaccess road to the south as well as hooking into the Southwest Inter-tie Project.

Commissioner Myers stated the project would have brought in sevenmillion dollars in taxes.

Commissioner Dahl inquired if this was the action they would have taken ifthe bird had been listed.

David Overcast stated a listed, endangered species would require morerestrictive action. He reiterated that this was a deferment and the decision hadnot been made until the documents had been completed to inform them for thedecision.

Commissioner Guttry stated if a transmission line or mine was proposed togo in the same area as the China Mountain Project then the decision would bedeferred.

David Overcast stated if it was proposed in this area, the BLM would haveto take a hard look. He stated what occurred was the Idaho Fish and Game,NDOW and the US Fish and Wildlife Service worked hard to determine if theycould minimize it for a negative effect. David Overcast cautioned the bird wouldbe listed if they did not get the regulatory mechanisms in place.

Commissioner Myers stated they would have received $1.8 to $2 milliondollars per year in taxes. Commissioner Dahl felt that the citizens of Elko Countyneed to understand what the cost of the deferment was to the residents.Commissioner Guttry commented the impact would be bigger in Idaho.Commissioner Myers stated three quarters of the project was in Idaho. He notedeveryone was looking for alternative energy but when it came along it was beingpostponed by issues like this.

Commissioner Dahl inquired if the study was done specifically for the windenergy project. David Overcast replied it was started for that project.Commissioner Dahl inquired if anything was studied outside that area. He notedin a same size area on the outside of the map there could be similar bird activityor the same activity ten miles away. David Overcast stated for them to do areasonable, responsible survey to determine the impacts of the proposal theychose to do this amount. He stated this study demonstrated to them that thiswas an important, critical habitat for sage grouse. He reiterated it was estimatedat 42% of the population in that area.

Commissioner Russell commented he had never seen a sage grouse flyover ten feet in the air. He questioned whether the power lines and the turbineswould be an obstruction to the bird’s flight. David Overcast stated theirresponsibility was for the habitat of the sage grouse. He said part of the issue


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was the tower would intimidate the sage grouse because they would think it wasa predator perch. Commissioner Dahl questioned whether the predators wouldland on the towers with the propellers circling. Commissioner Russell had nevernoticed birds upon the large tower lines. David Overcast stated there were perchdeterrents upon tall power lines and fence diverters. Commissioner Russellnoted there was mitigation for these conditions. David Overcast commented theleks would move away from any tall infrastructure over time. He stated it wouldbe 2,200 acres of disturbance.

Commissioner Dahl stated in Idaho ribbons were being tied on barbed wireto eliminate sage hen flying into the barbwire fences. He had ridden alongfences for thousands of miles and had never seen a sage hen hung up onbarbwire. He noted trees did not keep the sage grouse away either.

Commissioner Myers wanted to go on record that he was not happy withthe BLM’s decision.

Commissioner Myers had gone to the scoping process held by thiscompany at the Red Lion. He stated the company worked very hard to mitigatethe sage grouse issues. He stated the company had designed plans with phasesand now they were told it would be delayed for whatever period of time.Commissioner Myers voiced concern about the financial impact to Elko Countybecause of this decision. He believed there was no one from Elko County at thetable when this decision was made.

Commissioner Dahl commented upon the impact to the company, thenumber of employees and noted the company was trying to provide green energywhich everyone was supposed to be doing.

Commissioner Dahl stated the information they have about the birds saystheir numbers had been increasing. He stated the agenda behind listing the birdwas not because of the importance of the bird but rather to change how thingswas being done on the land. Commissioner Dahl pointed out this would not onlyaffect the public lands but with the 3% rule may impact the private land.

Commissioner Myers stated that in the present economy communities werenot surviving well and business was not good. He voiced concern if a project likethis was proposed near those communities and the birds took preference overhumans. Commissioner Myers voiced concern that they had no say in theprocess. He believed the NEPA process should be changed so that thecommunities or the County Commissions would have as much say in the processas the environmental groups or the other governmental groups.

Commissioner Myer stated the Ruby Pipeline may have disturbed land overits 618 miles. Commissioner Dahl inquired if there was a similar study performedfor the pipeline. David Overcast stated they did wildlife studies but he did notknow if they were to this level. Commissioner Myers stated when the birds


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returned to the leks to lay the eggs the pipeline stopped the process until afterhatching then were allowed to go on. Commissioner Myers stated the companyhad done a lot of work in preparation for the sage grouse and studied how thepropellers would affect the birds and the phasing was planned. David Overcaststated they respect the Commissioners thoughts and was also concerned. Hewould keep them informed and carry their concerns forward.

Commissioner Guttry stated the County, its citizens, the BLM, and the birdwere pawns in the big chess game. He stated even if the bird was not listed theenvironmental groups will find another species to do the same thing to alter thelife within the western United States. Commissioner Guttry stated he had noanimosity to the local BLM folks because they were being dictated from highabove. He stated the private industry would be disappointed.

Commissioner Dahl stated it should be recognized that these InterimPolicies put in place to prevent the listing would never be taken out of place.

Commissioner Russell stated some of the national land managementagencies were managing people rather than managing the resources. He statedthey manage the people through how they use the land, what they do, and whata productive effort was. He stated they were using this means to manage howpeople were going to live their life and the freedom they would have.

Commissioner Dahl commented the local agents have the responsibility toinform the upper level who was making the decisions understand what theimpacts were. He believed this has become a political issue.

Commissioner Myers stated over a month ago they held a discussion aboutthe IM and Grant Gerber had commented there was no public involvement. Hestated this was a good example of why they should have public involvement.Commissioner Myers stated the County had been omitted from the process and ithas cost the County $1.8 million dollars a year, with no thought of the County.He noted Grant Gerber had stated this would happen over a month ago when theIM was adopted. Commissioner Myers stressed there were no public hearings.

David Overcast stated they were working hard to address their questionsand concerns and volunteered to keep them informed.

Robert Stokes inquired if that decision was sent in writing to the company.David Overcast stated the Idaho page had the news release. Robert

Stokes requested backup documentation.Grant Gerber stated this recent decision was an example of the failure of

the federal government to hold hearings and give notice. He stated this came asa result of the Interim Management Plan and without it the BLM could have notproceeded. Grant Gerber stated this Interim Management Plan came outbetween Christmas and New Year’s without notice or hearings and wasimmediately in place.


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Grant Gerber stated Quinton Barr, Western Ranger Services, gave apresentation at the sage grouse meeting on Saturday. He suggested a similarpresentation be given to the Commission. Grant Gerber explained that Quinton’sresearch found the sage grouse population was not close to the criteria that theEndangered Species Act required to be listed. He stated the BLM InterimManagement Plan would be in place a long time and the bird might not be listed.Grant Gerber believed the IM was egregious and another company would beaffected by this plan. He stated the 3% rule was in place and the BLM wouldfollow it. Grant Gerber stated at the Convention it was voted to demand that theBLM rescind their Interim Management Policies and Procedures on Managingthe Sage Grouse. He recommended they invite Quinton Barr to speak toCommission.

Commissioner Myers stated the bird does not have to be listed because theBLM has the IM and they can impact business. He stated the wind generationplant would not be built because the BLM could administratively stop whateverdevelopment it wants to stop.

Commissioner Myers voiced concern about the mine site outside of Wellsto be constructed by Newmont Mine. He stated there were to be 450 to 500employees employed and approximately 700 employees during the constructionphase. Commissioner Myers commented upon the economic loss to the County.Grant Gerber stated Katie Fite, of Western Watersheds, had sent a letter to theprevious company threatening that very thing

Commissioner Myers suggested they send a letter to the BLM stating theCounty Commission does not agree with the decision made on the Wind TurbineProject.

Grant Gerber suggested they ask the BLM to rescind the InterimManagement Plan.

Ken Wellington commented on February 3rd if there had not been an IMPlan in place the bird would have been listed. He stated on February 28th

Western Watersheds Project filed an appeal on Judge Winmill’s decision whichaddressed the four topics. Ken Wellington stated Western Watershed wantedthe bird listed. Commissioner Dahl stated appeals could be filed from eitherparty. Ken Wellington stated Judge Winmill could go the other direction on hisdecision. He stated the IM plan was done by twenty experts across the nation.Ken Wellington stated the County needed to focus upon Western Watershedsand the earth group because this had an economical impact. CommissionerMyers commented there was no public input; it was done administratively.

Commissioner Myers stated the problem was the American people do nothave a say. He stated a person sitting in the east was making decisions for the


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people living in the west and their economy was being affected by someonemaking some stupid decision because they don’t live here.

Ken Wellington stated 58% of Nevada was sage grouse habitat and of that58%, 75% was core habitat, and 25% of the 75% would impact the ranching. Hestated they were talking about a large area. Ken Wellington stated the NevadaWildlife Commission had created a public land committee to which he wasappointed to and their first meeting will be March 23rd in Reno. Ken Wellingtoncommented they would be discussing the sage grouse. He stated Nevada has aseat on the National Technical Team and Director, Ken Mayer, was the chairmanof that committee. Ken Wellington recommended the Commission send a letterto the BLM and a copy to the National Technical Team voicing their concernabout the China Mountain Project.

Commissioner Dahl stated a letter would be sent.3:50:50 PM

VIII. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICTTRAVEL MANAGEMENT PROJECT:Discussion and consideration of issues regarding the Mountain City, Ruby

Mountains and Jarbidge District Travel Management Project FEIS/ROD includingthe March 12, 2012 Congressional Hearing that will have participation fromNevada Counties and Counties from the Western United States.3:51:28 PM Commissioner Russell departed from the meeting room.

Commissioner Dahl stated Commissioner Myers would represent theCounty, Gerald Temoke would represent the Tribes and Councils, and DouglasShippy would represent off-road vehicles. He stated they were limited on whocould testify and people from other states wanted to testify. He statedCongressman Amodei would chair a meeting after the hearing to take publiccomments from the other states and counties. Commissioner Dahl hoped theywould come out with a united front. He stated representatives from Colorado,California, Montana, Arizona and New Mexico would be present.

Commissioner Myers would e-mail his comments to them.Grant Gerber commented the Te-Moak Tribe of Western Shoshone voted

in April 1, 2009 to oppose the Travel Management Plan. He stated on November14, 2011, twenty-seven tribal councils in Nevada voted against the TravelManagement Plan. He noted the tribes were in a different category than thecounties because it was government to government and they were not consulted.3:55:19 PM Commissioner Russell returned to the meeting room.

Grant Gerber stated tribes were informing the County of the attempts toconsult with them. He encouraged the County to continue their coordination withthe Intertribal Council and the Te-Moak Tribe of Western Shoshone throughGerald Temoke, Chairman of the Western Bands Council. He understood the


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Forest Service had not properly consulted with the tribes.Commissioner Russell noted the tribe members were citizens of a

sovereign nation within the United States and inquired if they would be treatedthe same as a citizen of the United States with regards to travel management.He stated if they had an ancestor buried on a particular property and took a roadnot marked to travel to a burial site would that be subject to a fine and time in jail.He inquired if the tribe members collect pine nuts or collect fire wood in an areawhere there was no access would the tribe members become subject to thesame rules. Grant Gerber commented if a member of the tribe informed him thathe had been cited he would research how that might be approached.

Commissioner Dahl reopened agenda item VII to take action.VII. US DEPARTMENT OF THE INTERIOR – BUREAU OF LANDMANAGEMENT:


MOTION: Commissioner Myers moved that the Chairman of NRMAC andthe County Manager draft a letter for the entire Commission tosign that expresses our displeasure with the decision not toallow the China Mountain Project to continue, inclusive of thenegative impacts to the tax base of Elko County, the negativeimpact it has to employment of those who would be working atChina Mountain and its construction and the fact that there wasno public input into that decision because of the way the IM wasutilized. Commissioner Guttry seconded the motion. Themotion passed unanimously.

4:04:36 PM Commissioner Dahl relinquished control of the meeting to ViceChairman Guttry.4:08:23 PM

IX. NEVADA STATE LAND USE PLANNING ADVISORY COUNCIL(SLUPAC):

Discussion and consideration of the recommendation of three candidates tothe Governor’s Office to represent Elko County on SLUPAC.

Commissioner Guttry inquired about entertaining letters of interest. RobertStokes explained the SLUPAC board’s duties and noted the prior appointment offormer Commissioner Sheri Eklund-Brown. Commissioner Guttry suggested it goto the Planning Commission to make a recommendation. Commissioner Dahlsuggested it go to NRMAC. Robert Stokes stated it was quarterly meetings andthe next meeting may be in Lyon County. He stated they could send an interimperson while doing a search. He explained it was an appointment by the


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Governor and the Governor requested three names to choose from.MOTION: Commissioner Myers moved that they direct the County

Manager’s Office to get with NRMAC, Randy Brown andCommissioner Dahl to come up with three names to submit, andexclude Randy Brown from sitting on that committee.Commissioner Dahl seconded the motion. The motion passedunanimously.

Commissioner Guttry returned to agenda item VII.VII. US DEPARTMENT OF THE INTERIOR – BUREAU OF LANDMANAGEMENT:


Vice Chairman Guttry stated the Commission had received an e-mail fromLaurie Lickley of RES Americas referencing the sage grouse.

Robert Stokes commented Laurie Lickley’s e-mail was sent at 10:00 a.m.,and David Overcast had informed them the company was informed upon theBLM decision at noon.

Commissioner Guttry would enter the e-mail into the record addressed tothe Commission at 10:08 a.m. referencing the BLM involvement in the ChinaMountain Wind Project from Laurie Lickley, Community Relations for the ChinaMountain Wind Project.4:10:30 PM

XIII. ELKO COUNTY WATER RESOURCE ISSUES:Discussion and consideration of water resource management and water

rights issues that may impact Elko County including possible discussion relatedto the Southern Nevada Water Authority pipeline project and the Central NevadaRegional Water Authority activities and issues.

Commissioner Dahl stated there would be a meeting on March 16th inEureka.4:11:03 PM

XIV. COMMISSION AND COMMITTEE REPORTS:Reports from Commission members regarding various committee, liaison

or agency issues.Demar Dahl, District 1 Commissioner:Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge

Liaison - He inquired about the fire truck for Montello. Robert Stokes stated itwould be here tomorrow for the Commission to view. Commissioner Dahl statedJill Newman had spoken to Chris Sloman about medical equipment and was toldit had to go through NDF. Robert Stokes cautioned legal allowable equipmentwould be placed upon that vehicle. Commissioner Dahl stated they have dentistsfor the City of Wells.


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Central Nevada Regional Water Authority (CNRWA) – He stated themeeting in Eureka on March 16th was to discuss the Engineer’s decision onSNWA transfers.

Western Counties Alliance / Western Counties Coalition – He stated theyhave been helpful in preparing for the hearing on travel management.

Nevada Association of Counties (NACO) Board – He stated Robert Stokesattended the last meeting.

Charlie Myers, District 2 Commissioner:Elko County Economic Diversification Authority (ECEDA) – He stated Pam

Borda gave a report on the changes and the meeting at the end of the month.Debt Management Commission – They had not met.Auditorium Authority Board (ECVA) – He stated the budget process has

started.Nevada Division of Wildlife Liaison – He stated NDOW representatives

would be at the March 21st meeting and encouraged the Commission to attend.He noted the China Mountain decision was made administratively which had adetrimental financial impact to the County.

Nevada Division of Forestry Liaison – He would like Tim Woolever to givean overview upon the upcoming season.

Commissioner Dahl requested Quinton Barr to give a presentation.Glen Guttry, District 3 Commissioner:Commission Vice-ChairElko City Liaison – He stated they were in the eighth day of arbitration on

the airport project.Elko Senior Activity Programs Board Liaison – He said everything was fine

with the board.Nevada Fire Safe Council – He noted there was an investigation into the

expenditure of funds. Commissioner Myers said the Salt Lake City news reportstated there was inconsistencies in the way the federal government was chargingfor fighting wild land fires.

National Guard Liaison – He would meet with Denise Baclawski to get anupdate. He stated the debt reduction was approved by the Board of Regents.

Hospital Board – He stated everything was going good.Recreation Board – He stated it was fine.Humboldt River Basin Water Authority – He stated they already received a

report.R. Jeff Williams, District 4 Commissioner:Commissioner Williams was absent.Warren Russell, District 5 Commissioner:Highway Board – He stated they would hear road items tomorrow.


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Regional Transportation Commission (RTC) – He noted there was nomeeting.

Nevada Department of Transportation (NDOT) Liaison – He stated therewere no items of interest.

Central Nevada Regional Water Authority (CNRWA) – He stated their nextmeeting was on the 16th of March in Eureka.

Spring Creek Association Liaison – He stated they have reviewed some oftheir critical issues.

Nevadaworks – He stated there was nothing new.Elko County School District Stars – He stated a Star was awarded but it

had to be confidential until the person was notified.Commissioner Russell requested to be assigned as liaison to Public Health

for the Commission. He reported there was a meeting “The Role of Public HealthPreparedness” to be held in Fallon on the 4th and 5th of April, and he would like toattend that meeting.4:20:29 PM

XV. COMMISSION MEETING CALENDAR:March 21, 2012 -- Elko – Nannini Admin Bldg, Suite 102April 4 & 5, 2012 -- Elko – Nannini Admin Bldg, Suite 102April 18, 2012 -- Elko – Nannini Admin Bldg, Suite 102

4:20:38 PM

XVI. CONSENT AGENDA:A. Presentation and review of claims for approvalB. Approval of minutes: February 2, 2012

MOTION: Commissioner Dahl moved to approve the Consent Agenda.Commissioner Myers seconded the motion. The motion passedunanimously.

4:20:58 PM

XVII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:Commissioner Dahl suggested under their agenda item “Comments by the

General Public”, the last sentence should be removed.Commissioner Russell encouraged the Board member look at National

Defense Authorization Act information he had previously submitted to them.Robert Stokes stated the draft would be on the agenda tomorrow.

Commissioner Myers felt they could soften the language on the agendaunder Comments by the General Public and reserve the right to the Chairman tolimit the time frame of the testimony. He voiced support of Commissioners Guttryand Dahl for re-signing for their election.

Kristin McQueary asked that the blanket time limit of 3 minutes remain onthe agenda under Comments by the General Public. Robert Stokes stated the 3minutes minimum was normal for the open meeting limitation upon statewide


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agendas. Robert Stokes explained some people have to be limited to a certainappearance time due to the airport schedules. Commissioner Russell statedthere was no right granted to the governments to stifle any citizen’s speech.Robert Stokes would submit some draft verbiage for their review.

Commissioner Guttry commended Rob Pratt in IT enabling him to receivethe County financial reports in e-mail format on his personal computer. TheBoard discussed e-mail issues they have experienced in the past.4:32:12 PM

XVIII. COMMENTS BY THE GENERAL PUBLIC:Harry Botsford liked the three minute comment period but suggested they

soften the agenda verbiage “unless otherwise requested”. He inquired if theCounty’s declaration of roads was published on the internet. He was informedby Randy Brown that it was not published. Commissioner Russell stated theywere recorded in the Recorder’s Office.

Kristin McQueary stated the Gardner maps were recorded by Cliff Gardnerlisting all the roads he could possibly define pre 1976 federal government quadmaps and the enactment of FLPMA. She stated the County maintains certainroads which may be public roads under various criteria.

Harry Botsford stated the Forest Service has said that anything that theCounty does not consider a road would be closed. He stated if the County hadnot listed them in the County records the Forest Service would close them. Hestated the road in front of his house was a County road.

Commissioner Russell stated the County had given that information to theForest Service numerous times.

Harry Botsford voiced concern that the Forest Service would blanket closeCounty roads just because the County does not maintain them. He inquired ifthe County had declared the roads that belonged to the County.

Commissioner Myers stated the County issue was the roads that the ForestService has determined were either not authorized or not recognized as travelmanagement roads within the Forest Service system the public would not beallowed upon. Commissioner Myers stated Randy Brown had a copy of thoseroads. Commissioner Myers stated the County roads were presented to theForest Service.

Harry Botsford noted in the listing of roads it was a bigger list than eitherparty wants to maintain.

Commissioner Myers stated the County roads were recorded in RandyBrown’s Office and the other place was at the Forest Service because they usedthe list not to recognize those County roads.

Robert Stokes stated the County Commission approved the roads througha Resolution prior to his time.


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Harry Botsford stated the Forest Service said the County had to list hisroads. He was told the federal government owned 90% of the State of Nevada.Commissioner Myers clarified that the federal government owned 87% ofNevada.

Commissioner Russell commented upon the State of Utah’s latest actions.Commissioner Dahl stated Utah had passed four bills on travel

management in the House and they were going to their Senate.Harry Botsford objected to the Forest Service blanket closing the roads.

4:38:25 PM Commissioner Dahl departed from the meeting room.4:38:45 PM

XIX. ADJOURNMENT:MOTION: Commissioner Russell moved to adjourn the meeting.

Commissioner Myers seconded the motion. CommissionersRussell, Myers and Guttry voted aye. Commissioners Dahl andWilliams were absent. The motion passed by majority vote.

There being no further business to come before the Board, the meetingwas adjourned at 4:38 p.m.

APPROVED,

R. JEFF WILLIAMS, Chair

ATTEST:

MARILYN TIPTON, Deputy Clerk


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Elko County Board of CommissionersCommissioners

Demar DahlGlen Guttry

Charlie MyersWarren Russell

R. Jeff WilliamsElko County Manager

Robert K. Stokes

STATE OF NEVADA )COUNTY OF ELKO ) ss. MARCH 8, 2012

The Board of Elko County Commissioners met in regular session onThursday, March 8, 2012, at 1:30 p.m., in Suite 102 of the Nannini AdministrativeBuilding at 540 Court Street, Elko, Nevada.

There were present: County CommissionersABSENT R. Jeff Williams, Chair

Demar DahlGlen GuttryCharlie MyersWarren Russell

County Manager Robert StokesCFO/Asst Manager Cash MinorDeputy District Attorney Kristin McQuearyDeputy County Clerk Marilyn TiptonSheriff James PittsRoad Supervisor Otis TiptonPublic Works Director Lynn ForsbergDA Child Support Dir Carolyn Smith

Vice Chairman Guttry called the meeting to order at 1:30 p.m.Commissioner Myers led the meeting participants in the Pledge of

Allegiance.Vice Chair Guttry commented that Commissioner Williams was absent.

I. COMMENTS BY THE GENERAL PUBLIC:No comments were submitted by the public.

1:34:23 PM

II. TOWN OF JACKPOT:A. JACKPOT WASTE WATER SYSTEM:

Discussion and consideration of authorization for the installation ofadditional Poo-Gloo Bio Dome Fixed Film Bio-Reactors in order to meet National


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Pollutant Discharge Elimination System Permit Standards for the JackpotWastewater System.

Lynn Forsberg stated it was a pilot program two years ago. He had spokento NDEP last week and their permit had changed. He stated there were morestringent requirements and they need additional units. Commissioner Guttryinquired about estimates. Robert Stokes stated the Advisory Board meeting wasthis evening and felt approval should be contingent upon concurrence of theJackpot Advisory Board.

Kraig Johnson, PhD, P.E. of Wastewater Compliance Systems Inc., statedthe pilot study began in 2009 by placing four units in the winter. He stated therewas full scale installation in the fall of 2010. He gave a power point presentationdisplaying the installation of the units and a diagram on the ponds. He reviewedthe past testing results. Kraig Johnson stated there were three options asfollows: Option A - do nothing and keep monitoring, hoping for better trends tomet compliance; Option B - populate pond #2 with an additional 65 units; andOption C - populate both #1 and #2 ponds to capacity.

Kraig Johnson stated they would upgrade the bubbler system within theexisting 80 units that were previously installed and that work was included inOptions B & C.

Lynn Forsberg explained their past sampling point was underground andnow NDEP had changed their sampling point to the outfall of pond #3. He statedthat pond generated algae which changed their numbers.

Kraig Johnson stated under Option A there was no cost to keep monitoringthis; Option B would cost $214,500 for 65 additional units to be placed in pond#2 and they would retrofit the current 80 units; Option C would cost $346,500for filling another pond, installing an additional 105 units and retrofitting thecurrent 80 units. Kraig Johnson believed Option B would maintain the standardsfor several years. He stated there was a mechanical guarantee but they werenot able to guarantee the trends.

Commissioner Myers inquired if Cash Minor had looked at the budget.Lynn Forsberg stated there was a capital budget of $500,000 in the SewerEnterprise Fund.MOTION: Commissioner Russell moved to approve this based upon

Option C, contingent upon the Advisory Board approval.Commissioner Myers seconded the motion.

The Board discussed the pilot program and upgrades available.Commissioner Russell moved to amend his motion to approvethe purchase and installation according to Option C of $346,500for 105 units from WCS. Commissioner Myers seconded theamendment. The motion passed unanimously.


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Commissioner Myers inquired if that was contingent upon the AdvisoryBoard’s approval.

Commissioner Russell moved to amend his motion to include acontingency upon approval by the Jackpot Advisory Board.Commissioner Myers seconded the amendment. The amendedmotion was passed by unanimous vote.

2:13:17 PM

B. JACKPOT WATER SYSTEM IMPROVEMENT PROJECT:Discussion and consideration of approval of Change Order #3 for

approximately $86,054 for electrical improvements to bring the electrical systemup to code requirements on Well 5.

Lynn Forsberg stated they had funding available to cover the ChangeOrder. He stated Mesquite Electric was in the area and was the subcontractorfor T & S Construction, the general contractor.

Ray Kruth, Stantec, gave an overview of work to be performed on well #5.He stated they first bid the project two and one-half years ago and reduced thescope of the work. Ray Kruth recommended approval to bringing the building tocurrent code.

Commissioner Myers inquired about funding. Ray Kruth stated it wouldcome under the water well project funding which was a Rural Development lowinterest loan. Ray Kruth explained the original well was drilled using ARRAfederal grant money and AB 198 funding. This was a 40 year loan in the amountof $1.2 million dollars. Lynn Forsberg stated their intent was to pay it off in 20years. Ray Kruth stated they met storage compliance through bringing well #6on line. He explained well #5 would be out of service for two months during theupgrade. Ray Kruth stated this would bring a new power service before July.MOTION: Commissioner Dahl moved to approve Change Order #3 for

approximately $86,054 for electrical improvements to bring theelectrical system up to code requirements on Well 5; contingentupon approval by the Jackpot Advisory Board. CommissionerMyers seconded the motion. The motion passed unanimously.

2:26:10 PM

JACKPOT TOWN BOARD ADJOURNMENT:Vice-Chairman Guttry adjourned the Jackpot Town Board at 2:26 p.m.

III. ELKO COUNTY DISTRICT ATTORNEY’S OFFICE:CHILD SUPPORT DIVISION:A. Discussion and consideration of the approval of an Interstate

Interlocal contract with the Nevada Department of Health and Human Services,Division of Welfare and Supportive Services for child support services in ElkoCounty.


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Carolyn Smith, Child Support Program Manager, reviewed the changes inthe contract. She said effective July 1, 2012 they would give cases back to theState if there was a welfare link; if the citizen was receiving cash assistance,Medicaid, or receiving benefits from the past. Carolyn Smith reported thatapproximately 740 cases would be leaving the County to the State effective July1, 2012.

Commissioner Myers inquired about the difference in the contract cost.Carolyn Smith stated they would see decreases in postage and line-item costs.Commissioner Myers inquired about the impact upon the staffing. Carolyn Smithstated staffing showed 650 cases per worker so they were still higher than therest of the County offices.2:35:25 PM Commissioner Russell left the meeting room.

Commissioner Guttry inquired if the State supplemented their Countybudget. Carolyn Smith explained they contracted with the State and all theirexpenses were reimbursed by the State at 66% to the County. Carolyn Smithstated this was a three year contract with an option for an additional two years.MOTION: Commissioner Myers moved to approve an Interstate Interlocal

Contract with the Nevada Department of Health and HumanServices, Division of Welfare and Supportive Services for childsupport services in Elko County. Commissioner Dahl secondedthe motion. Commissioners Dahl, Myers and Guttry voted aye.Commissioner Russell was absent during the vote. The motionpassed with a majority vote.

2:38:42 PM

B. Update report on past and present office projects including scanningcase files to reduce paper files, credit card pilot collections, Collect Correct CloseProject, federal audit results.

Carolyn Smith stated in December 2011 they had a federal audit and theElko County Staff had complied in all eight areas.2:39:18 PM Commissioner Russell returned to the meeting room.

Carolyn Smith commended the staff and stated there would be anotheraudit in April.

Carolyn Smith stated the child support office had collected $9.8 milliondollars which was a $58,000 increase over last year. She commented the Stateretained $156,000 for Elko County cash assisted citizens. Carolyn Smith statedtheir expenditures were $683,000 last year so they brought back $14.48 back tothe program for every dollar spent; the national average was $5.00, and Nevadawas at $3.98. Carolyn Smith stated Nevada’s total collection for child supportlast year was $181 million dollars which $42 million dollars was retained forfamilies on cash or medical assistance.


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Carolyn Smith reported they hired five part-time people to scan the 4,000child support files and paid $48,000 in wages and benefits for the yearly projectout of their incentive money, at no expense to the County. Carolyn Smith statedthey shredded 8,000 pounds of paper. She stated staff was now doing theircases on lap tops.

Carolyn Smith stated Elko County could accept credit and debit paymentsas of June 17, 2011. She stated they collected $135,000 from 323 non custodialparents and 67% were paid telephonically. The banking fees and lease on theequipment were paid from the incentive fees. She reported 75% was paid bydebit card and 25% by a credit card. Carolyn Smith believed the State would goto this system. Kristin McQueary commented the State had asked Carolyn twiceto run someone’s card for cases outside of the County. Carolyn Smith stated thistype of collection was a three year pilot project.

Carolyn Smith sat on a State review committee to hire a vendor to design awebsite for on-line payments. She explained under the current system themoney was manually posted to the cases and under the proposed system theposting would be automated.

Carolyn Smith reported upon her Collect, Correct or Close the case project.She stated in January there were 844 cases and within the 45 days theycollected or closed 79 cases.

Carolyn Smith reviewed the Chase Global Services project to rebuild the157 federal reporting. She stated the State did manual input for the federalreports. She gave a power point presentation on the “dash boards” designedthrough this project. Commissioner Myers inquired what happened if ElkoCounty did not meet the State’s goal. Carolyn Smith replied they went under acorrective action plan. She stated the County was getting federal funding due totheir performances on the collections. Carolyn Smith stated there would be adata warehouse with Chase Global Services for future reference.

Commissioner Guttry inquired how the State of Nevada compared to thenation per capita on child support cases. Carolyn Smith stated they were rated10th in the country to establish paternity cases. She stated Nevada was 52nd incollections. There was a discussion about a higher collection rate if it wasthrough automation.

Kristin McQueary commented the State Legislature spends millions ofdollars on studies to tell them their system was outdated. Carolyn Smith reportedupon several studies that had been performed. She stated the PSI study said itwould cost $98 million dollars to update the program.3:08:17 PM RECESS:

Vice-Chairman Guttry called a recess at 3:08 p.m.3:13:58 PM RECONVENE:


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Vice-Chairman Guttry reconvened the meeting at 3:13 p.m.Commissioner Myers was absent at this time.

IV. BOARD OF COUNTY HIGHWAY COMMISSIONERS:3:14:11 PM Highway Chairman Russell called the meeting to order at 3:14 p.m.A. Comments by the General Public:

No public comments were submitted.3:14:54 PM

B. Take Pride 2012 Clean Up Event:Discussion and consideration of approval of a donation of $500 for the

Take Pride 2012 Clean-Up Event.3:15:10 PM Commissioner Myers returned to the meeting room.

Otis Tipton stated the County participated annually with the City on thisevent. Commissioner Russell inquired if the County contributed equipment. OtisTipton replied the County went up Fifth Street or Bullion to pick up debris.MOTION: Commissioner Guttry moved to approve the $500 for the Take

Pride 2012 Clean-Up Event. Commissioner Myers seconded themotion. The motion passed unanimously.

3:17:31 PM

C. Engineering Professional Services:Pursuant to Notice No. 09-2012, discussion and consideration of approval

of Statements of Qualifications from engineering firms for professional servicesfor the Road Department.

Otis Tipton reported three companies had submitted qualifications asfollows: Summit Engineering Corporation, Lombard-Conrad Architects, andChilton Engineering and Surveying Ltd. He recommended they accept all threecompanies and as projects come up they could select a company.MOTION: Commissioner Myers moved to approve the Statement of

Qualifications from Summit Engineering Corporation, Lombard-Conrad Architects and Chilton Engineering and Surveying Ltd.Commissioner Guttry seconded the motion. The motion passedunanimously.

3:18:51 PM

D. Dust Suppression Program:1. Magnesium Chloride Brine for Road Stabilization:Pursuant to Notice No. 11-2011, NOTICE CALLING FOR BIDS FOR THE

PURCHASE OF MAGNESIUM CHLORIDE BRINE., bids were received andopened on March 1, 2012. Pursuant to bid review and tabulation results,consider awarding the bid to the lowest responsive/responsible bidder.

Otis Tipton stated the only bid was received from WRR Industries, Inc.Commissioner Myers inquired if there was an increase from last year. Otis

Tipton replied there was a $4,000 increase even though they dropped some


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roads. Commissioner Myers requested he submit a list of roads they mag forreview. Commissioner Russell inquired why one bidder. Otis Tipton stated thebidder was closer and provided to all the mines.MOTION: Commissioner Myers moved to award the magnesium chloride

brine bid to WRR Industries, Inc. in the amount of $204,948.80.Commissioner Dahl seconded the motion. The motion passedunanimously.

3:20:45 PM

2. Ammonium Lignin Sulfonate for Road Stabilization:Pursuant to Notice No. 10-2011, NOTICE CALLING FOR BIDS FOR THE

PURCHASE OF AMMONIUM LIGNIN SULFONATE., bids were received and onMarch 1, 2012. Pursuant to bid review and tabulation results, consider awardingthe bid to the lowest responsive/responsible bidder.

Otis Tipton reported only one bid was received from the Shilon Corporationin the amount of $185 per ton.

He stated it was the same price as last year and the City of Elko piggybacks off this bid.MOTION: Commissioner Myers moved to award the ammonium lignin

Sulfonate bid to Shilon Corporation in Las Vegas, Nevada, in theamount of $185 per ton. Commissioner Dahl seconded themotion.

Harry Botsford inquired if an individual could piggy back on this bid. OtisTipton replied no, it had to be a governmental entity. Harry Botsford inquired ifthey could get these materials in the future. Otis Tipton suggested legislativeaction to change those rules.

The motion passed unanimously.3:22:17 PM

E. General discussion of routine road maintenance issues for informationand/or administrative direction purposes. The monthly Road OperationalHighlights and Budget Report were previously submitted.

Otis Tipton would send them the magnesium breakdown on the roads.Commissioner Myers inquired about the beaver dams on Gold Creek. Otis

Tipton stated the Forest Service had sandbagged the creek. He reported waterwas running down the road this fall.

Commissioner Russell inquired if they saved money with a light winter.Otis Tipton replied no, they were running water trucks.

Commissioner Dahl inquired about the cover on the Deeth Bridge. OtisTipton stated the County put the cover on the Deeth Bridge because the bridgeinspection recommended that. Commissioner Dahl voiced concern that the costestimate for the bridge was $900,000. Otis Tipton explained the County’sbridges under the Federal Bridge Replacement Program were inspected yearly


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by the State Engineer and they were informed when a bridge was to be replacedor repaired. Commissioner Russell commented upon the liability issuespertaining to the bridges. Otis Tipton stated the repair to the Deeth Bridge wouldcost the County 5% of the $900,000 under the Federal Bridge ReplacementProgram. Commissioner Dahl voiced concern upon the over excessive amountfor the replacement of the bridge to meet federal requirements.

Commissioner Dahl commented upon the road conditions in Starr Valley.3:34:23 PM

Ken Wellington requested the Commission send a letter to the ForestService asking what the status was upon the Meadow Creek Road. Otis Tiptonstated the Forest Service had told him it was in their plans for this spring.3:35:08 PM

HIGHWAY BOARD ADJOURNMENT:Highway Chairman Russell adjourned the Highway Board at 3:35 p.m.

3:35:19 PM

COMMENTS BY THE GENERAL PUBLIC:Assemblyman Ellison stated letters were sent on the postal service. He

informed them of the teleconference meeting on the sale of the University farm inReno. Commissioner Dahl cautioned they should not sell now with the currentmarket. Assemblyman Ellison believed it was tied to the Fire Science Academy.

Assemblyman Ellison asked that members from the County Commission bepresent at the PUC hearing upon the Spring Creek Utilities water rate increase.Commissioner Myers stated Commissioner Russell would attend and there wouldbe video conferencing from the college. He stated the three day hearing shouldbe held in the local location.

Assemblyman Ellison had contacted the Governor’s Office andrecommended a PUC office be placed back in Elko.

Assemblyman Ellison had informed the Governor’s Office of the latestinformation on the sage grouse within the local media. Commissioner Myersvoiced concern with BLM administrative action. He stated they were talkingabout resurrection of the sage grouse committee but no one knew when they metand there was no rural representation. He stated that committee should havecontacted the BLM, the Ruby Pipeline Company and the China MountainCompany. Assemblyman Ellison requested the Commission determine thefinancial impact to the County from the loss of the wind turbine project and the oiland gas leases. Commissioner Myers stated the wind turbine project wasdelayed for two years and understood it would have brought in $1.8 milliondollars per year in taxes to the County. Commissioner Dahl stated the Humboldtand Metropolis had a lot of drilling to be done which might get stopped.Commissioner Myers requested that Laurie Lickley or Suzanne Leta Liou fromRES of America give them an overview and supply them copies of their permits.


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He noted NDOW stated they told them this would not be approved in thatlocation. Commissioner Dahl had spoken to RES of America and they wereunaware of this until that morning. Commissioner Myers had participated at thescoping meeting where BLM and NDOW were present and seemed happy withthe project. Commissioner Guttry requested the Assemblyman inquire if theCounty could have a seat on that steering committee. Assemblyman Ellison hadrecommended some individuals for rural representation.

Assemblyman Ellison spoke with Marilyn Kirkpatrick on the ConsolidatedSales Tax and understood Tier 1 was not in the discussion and Tier 2 was forClark County only. Commissioner Ellison stated the City would get hurt underTier 2. Robert Stokes had listened to the hearing and understood they wereapproving a draft letter aimed at Tier 2 allocation. Commissioner Ellison statedCurtis Calder would be present at the next hearing. Commissioner Guttrybelieved there was concern about incorporated cities and unincorporated townsin Clark County.3:47:07 PM

V. ELKO COUNTY CODE:Wind Resources Ordinance Repeal and Revision:A. Discussion and consideration of the First Reading of the repeal of

Elko County Wind Resource ORDINANCE 2011-04, BILL D, entitled, ANORDINANCE ADDING SECTION 15 TO TITLE 4, CHAPTER 8 OF THE ELKOCOUNTY CODE ALLOWING FOR THE DEVELOPMENT OF WINDRESOURCES IN THE VARIOUS ELKO COUNTY ZONING DISTRICTS;REVIEWING WIND RESOURCE DEVELOPMENT THROUGH THE USE OFCONDITIONAL USE PERMITS, AND MITIGATING POTENTIAL ADVERSEIMPACTS.

B. Discussion and consideration of the First Reading of Elko CountyWind Resource ORDINANCE 2012-02, BILL B, which replaces Ordinance 2011-04 changing the minimum lot size to two and one half acres, entitled: ANORDINANCE ADDING SECTION 15 TO TITLE 4, CHAPTER 8 OF THE ELKOCOUNTY CODE ALLOWING FOR THE DEVELOPMENT OF WINDRESOURCES IN THE VARIOUS ELKO COUNTY ZONING DISTRICTS;REVIEWING WIND RESOURCE DEVELOPMENT THROUGH THE USE OF 10CONDITIONAL USE PERMITS, AND MITIGATING POTENTIAL ADVERSEIMPACTS.

Robert Stokes stated staff requested items A & B be tabled. KristinMcQueary explained they had to repeal the existing Ordinance and enact thenew Ordinance.


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MOTION: Commissioner Myers moved to table Agenda Items V. ElkoCounty Code, A and B. Commissioner Dahl seconded themotion. The motion passed unanimously.

3:48:28 PM

VI. NATIONAL DEFENSE AUTHORIZATION ACT (NDAA):Discussion and consideration of issues related to the National Defense

Authorization Act including a review and possible approval of a draft Resolutionregarding those issues.MOTION: Commissioner Russell moved to approve Resolution No. 02-

2012, opposing the National Defense Authorization Act.Commissioner Myers seconded the motion.

Commissioner Russell stated a bill was entered in the Senate correctingthe mistake which relates to indefinite detention by military of U.S. Citizens. Hestated an Assemblyman from Louisiana submitted a bill to also amend the bill.He suggested they continue to move in opposition of these types of acts.

The motion passed unanimously.Commissioner Russell asked that the Sheriff receive a copy of this

Resolution.3:51:34 PM

VII. US POSTAL SERVICE:Elko County Post Office Proposed Closures:Discussion and consideration of the status of potential Post Office closures

in Elko County.Robert Stokes had not received any updates. He submitted copies of the

editorial from the Elko Daily Free Press today regarding this subject.3:53:23 PM

VIII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:Kristin McQueary commended Carolyn Smith and her office who were the

leaders statewide in Child Support collections. Commissioner Russell suggesteda letter of accommodation to Carolyn Smith after they receive a copy of thereport. Commissioner Myers suggested a plaque. Kristin McQueary requested itbe placed on another agenda.

Commissioner Myers suggested the new fire truck be striped. RobertStokes stated that was standard procedure.

Commissioner Myers reviewed the discussion of a Resolution versus aletter on the China Mountain Project. He suggested they gather information onthe oil and gas leases within the County and add that to the letter.

Commissioner Myers suggested they have a department head come inonce a month to give an overview of their department.

Commissioner Myers suggested they get a defibrillator to hang on the wall.Robert Stokes stated it would be included in the next budget session.


REGULAR SESSION

MARCH 8, 2012

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3:56:22 PM

IX. COMMENTS BY THE GENERAL PUBLIC:Harry Botsford inquired about the replacement of the County Codes upon

the wind turbines. Commissioner Guttry stated that action was tabled because ofthe wording in the agenda. Kristin McQueary stated the typing errors would becorrected.

3:57:13 PM

X. ADJOURNMENT:MOTION: Commissioner Myers moved to adjourn the meeting.

Commissioner Russell seconded the motion. The motionpassed unanimously.

There being no further business to come before the Board, the meetingwas adjourned at 3:57 p.m.

APPROVED,

R. JEFF WILLIAMS, Chair

ATTEST:

MARILYN TIPTON, Deputy Clerk

Documents

Elko County Board of Commissioners · 2019. 6. 10. · ELKO COUNTY COMMISSION REGULAR SESSION MARCH 7, 2012 PAGE 2 Commission monthly updates from the Wildlife Advisory Board. He