Elko County Board of Commissioners
Commissioners Demar Dahl Grant Gerber Glen Guttry Charlie Myers R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. NOVEMBER 5, 2014
The Board of Elko County Commissioners met in regular session on Wednesday, November 5, 2014, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada.
There were present: County Commissioners Charlie Myers, Chair Demar Dahl Glen Guttry R. Jeff Williams NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Planning/Zoning/NRMAC Eleanor O’Donnell Library Director Jeanette Hammons Supervisor Planner/Zoning John Kingwell Road Supervisor Terry Lister Sheriff James Pitts
Chairman Myers called the meeting to order at 1:30 p.m. Chairman Myers led the meeting participants in the Pledge of Allegiance.
1:33:38 PM: II. COMMISSIONER GRANT GERBER: A. Moment of silence in remembrance of Commissioner Grant Gerber who succumbed to injuries he sustained during the Grass March Cowboy Express. He was finishing up his second year as Commissioner. He will be missed by all. B. Presentation of a Plaque to the Commissioner Grant Gerber family for his service on the Elko County Commission and in memory of Commissioner Gerber, an opportunity for Commissioners, Staff and the Public to express remarks honoring and celebrating his service to the Community, County, the State of Nevada and our Country.
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Travis Gerber thanked the Commission for their service with his father because he knew they were his friends as well as colleagues. He noted the Commission was the first public office his father had ever run for because he was a public advocate for thirty years for private property rights and public access. He stated with his father’s passing many people have asked him if he would step up and fill his shoes. He believed his father’s shoes were too big for any of them but he was taught how to think, act and advocate for private property rights, principles of the Constitution, and to love our neighbors, God and Country. Travis Gerber wished to see movement for the transfer of public lands act in Congress which was the main thrust in all their petitions. Zach Gerber stated his father was a compassionate person and loved the people of Elko County. He stated his father often disagreed with people on different issues but it did not change his father’s respect for the people. He noted his father loved people from different religions, different walks of life and different nationalities. He noted one of his friends was Manuel Couchum and read into the record the short article written by Manuel Couchum. (Copy of article was attached to the minutes). Zach Gerber stated Dad would want them to continue his legacy on. He stated in the last few days they have heard how their father influenced people to have more integrity, standup and to be honest and freedom fighters. He hoped the County Commission would carry the torch on. Lenore Gerber (Grant’s Wife) thanked the people of Elko County for giving Grant the opportunity to serve as County Commissioner. She said Grant truly enjoyed the service he gave to the County. She called him her freedom fighter because Grant was driven to fight for freedom and loved this nation. Lenore Gerber stated Grant loved the founding fathers and the principles they stood for. Gil Hernandez, Elko VFW, thanked the Commission for honoring Grant Gerber. He stated Grant served his country in Vietnam, Special Forces. He commented Grant Gerber had joined the VFW and had been in the Honor and Color Guard several times. Gil Hernandez presented a picture of Grant Gerber while in the Color Guard and a picture of the services for Grant at the ceremony to the family. He stated this man has done so much for his Country and left doing what he stood for. He noted Grant Gerber enjoyed his life and continued to fight for his fellow countrymen. John Carpenter said he and Grant did so many things together starting with Kelly Springs. He commented when they closed the road in Jarbidge Grant was with him all the way in opening the road. John Carpenter stated he and Grant Gerber had lots of adventures including the pilot project on sage grouse. He asked that the Commissioners help him keep that program going. He had spoken to the Wildlife Services and the State was putting all their money over into the western side of the State. John Carpenter stated they need funding for the raven
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 2 control. He thanked the family for sharing Grant with him and thanked the Commission for honoring Grant. Roberta Skelton stated she had some serious, long discussions with Grant when he was on the Commission. She felt they should carry on his concepts and get the public lands back in the hands of the State of Nevada. Assemblyman John Ellison stated he was here representing himself and Senator Pete Goicoechea who was in a caucus hearing. He stated Assembly Bill 227 was passed and accepted. He noted 17 counties researched what the State needed. Assemblyman Ellison stated they would finish the course they started and there was a BDR which they would encourage all the legislators to sign on to take it to Washington. Assemblyman Ellison read a Proclamation into the record in honor of Grant Gerber. Assemblyman Ellison informed them there would be a sage grouse hearing held in Salt Lake City in December and Congressman Amodei and Senator Heller plan on attending. He stated eleven western states were asking for ten years before they implement any restriction upon the sage grouse. Chairman Myers stated it was a sad day for the Commission because Grant meant a lot to us and was a special person. He referred to an issue ten years ago when a conservancy group wanted the Commission to approve the sale of a portion of the Ruby Mountains. He stated Grant Gerber informed the Commission upon the proposed sale and the Commission rejected the proposal. He stated Grant Gerber was an easy person to have fun with and referred to him as the “junior Commissioner”. Commissioner Myers spoke of his respect for Grant Gerber and appreciated his friendship and service to the County as County Commissioner. He thanked the family for allowing Grant to share his time with the Commission. Commissioner Guttry stated they all talked about his passion and he agreed Grant was very passionate for what he did for the County. He stated Grant taught them about tenacity, conviction and most of all giving of himself without any personal gain. Commissioner Guttry stated he would miss Grant’s quick wit, humor and sharp mind. He first knew Grant in 1989 when the SnoBowl was formed and Grant helped them get their non-profit status. He stated they all appreciated him being on the Board. Commissioner Williams stated he had known Grant for over 50 years. He believed everyone saw Grant as an activist focused upon public lands, sage grouse, etc. He displayed a picture of Grant standing with his brother-in-law and cousin over a deer. He stated Grant was one of the best guides when they hunted on the ranch in Starr Valley. Commissioner Williams stated Grant always had a smile on his face, a good testimony and did the things that he needed to do. He stated everyone was happy to be around him and included in his
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 3 activities. Commissioner Williams told them of a story when Grant Gerber informed him he was going to law school and they trapped to raise extra money for his schooling. He noted Grant for most of his life has worked for nothing because every time anybody had a particular problem who was fighting the government or had other issues Grant would work pro bono. Commissioner Williams noted Commissioner Gerber was always concerned about someone else and especially concerned about his family. He saw how well his children spoke at the funeral of what their father and mother had taught them and recognized the most important things were not being an activist, not what we do upon public lands, but what we do with our family in our own home. Commissioner Williams expressed his consideration to Lenore and the family members. Commissioner Dahl had known Grant since they were boys and felt Grant Gerber was one of a kind. He stated they kidded each other about being old and called him every day on his route to Washington. He commented Grant had sent a picture of himself after the fall in Kansas. He agreed with Lenore that Grant was driven and called him all hours when he had an idea. Commissioner Dahl stated Grant put the Jarbidge Shovel Brigade together and coaxed him into being the President of the Brigade. He noted not everyone liked Grant because he was an activist but Grant got things done. Commissioner Dahl commented Grant was a good honest person and Grant understood the connection between freedom and being able to control access to property and the natural resources. MOTION: Commissioner Williams moved to approve a plaque to the Commissioner Grant Gerber Family. Commissioner Guttry seconded the motion. The motion passed unanimously. The Commission presented the plaque to the family and retired Commissioner Gerber’s name tag. Commissioner Myers thanked the Gerber family for joining them this afternoon, thanked VFW for their participation, and thanked the public for their comments in honor of Grant and Assemblyman Ellison’s presentation of the Proclamation.
2:24:15 PM: I. COMMENTS BY THE GENERAL PUBLIC: Assemblyman John Ellison would not be able to attend tomorrow’s meeting and spoke in support of the Outdoorsman Wheelchair Hunt. He had put in a bill for handicapped children that would allow them to go hunt with their parents or an adult. 2:25:38 PM: III. GRASS MARCH – COWBOY EXPRESS: Presentation regarding the Grass March - Cowboy Express Ride that traveled coast to coast, beginning September 26 and through the month of
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October to deliver to Congress petitions and resolutions regarding public lands concerns such as grazing restrictions, federal agency travel management, Sage Grouse management, federal agency interim management memorandums, wild horse management, wilderness designation, transfer of federally managed lands to the State, federal agency threats and other public land issues. A presentation video was shown on the Grass March. Chairman Myers stated the full version was not ready yet but it would come back at a later date.
2:28:29 PM: IV. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Jeanette Hammons, Library Director, reported in the month of October they held 13 story times with 494 participants 2 after school craft programs with 50 participants, 1 teen club book meeting with 7 participants, 1 home school hour with 33 participants. They held the annual Halloween Carnival with 251 participants. She stated there were 4 charter school story times and research visits with library outreach with 170 participants. They had one Elko High School Special Ed story time with 7 participants. Jeanette Hammons reported they had a total of 23 programs with 1,012 participants for the youth programs during October. She stated there was 24 ½ volunteer hours. She commented for the Early Usage Computer they had 589 sessions for the month and for the After School Edge Tablets they had 150 sessions. Jeanette Hammons reported there were 2 Job Connect sessions with 9 attendees. She stated they had 10,980 visitors during the month of October and circulated 13,146 items. She reported there were 17 meetings in the meeting room with 455 participants and they had 1,576 internet sessions during October. Jeanette Hammons stated they were doing their food for fines program during the months of November and December. She stated they were partnering with FISH this year. She noted last year they had over 900 pounds donated to the food bank pantry. She stated they have the white table for the Veterans that cannot make it home for the holiday on display for the month of November. She noted there was nothing to report for the Law Library. 2:31:53 PM: V. ELKO COUNTY PLANNING AND ZONING: A. Parcel Map Roadway Dedication Request (2014-7000-10) Discussion and consideration of a Parcel Map Roadway Dedication Request for Jeff & Stefanie Stewart located in Section 36, T.36N., R.59E., in the Ryndon Area. The roadway dedication includes Taft Avenue and Kayenta Drive and totals 0.894 acres.
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Randy Brown explained the parcel map application met all State and local requirements. He stated the offer was for a 30 foot portion of the road right of way for public use but not for maintenance. MOTION: Commissioner Dahl moved to approve the Parcel Map Roadway Dedication Request for Jeff & Stefanie Stewart located in Section 36, T.36N., R.59E., in the Ryndon Area for public use but not for maintenance. Commissioner Guttry seconded the motion. The motion passed unanimously.
B. Parcel Map Request for a Waiver of a Road Requirement (2014-7000-10) Discussion and consideration to waive the parcel map requirement to construct a road for Jeff & Stefanie Stewart located in Section 36, T.36N., R.59E., in the Ryndon Area. Randy Brown stated this was the same parcel map but they were requesting a waiver from the requirement to construct the road to 30 feet wide for monetary reasons. He stated it was approximately 1,200 feet of road. He noted the road was in place at this time and was nothing more than if they were granting a private easement. He stated staff did not have a problem with granting this waiver.
MOTION: Commissioner Guttry moved to waive the parcel map requirement to construct a road for Jeff & Stefanie Stewart located in Section 36, T.36N., R.59E., in the Ryndon Area. Commissioner Williams seconded the motion. Commissioner Williams explained they were approving the waiver because the road that goes around two sides of that does not receive maintenance from any of the departments in the County. He stated if there was any maintenance it would be done by private property owners so there was no reason to require an extensive amount of money be put into that road by these persons. The motion passed unanimously.
2:34:30 PM: VII. UNITED STATES FOREST SERVICE: Discussion and consideration of Quantum Jarbidge Exploration Project Mountain City/Ruby Mountains/Jarbidge Ranger Districts, Elko County, Nevada. Comment deadline is November 20, 2014. Gene Gustin, representing Quantum, was here to answer any questions they may have. Randy Brown explained John Carpenter had requested this be put on the agenda for public input. He stated this was before the Jarbidge people and they
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 6 provided an e-mail of support. Randy Brown stated there have not been any negative comments. Commissioner Williams had heard there was one negative comment by a camp host. Gene Gustin was not aware of that comment. Commissioner Guttry inquired if the exploration was for gold and received an affirmative response. MOTION: Commissioner Dahl moved to send a letter of support of the Quantum Jarbidge Exploration Project Mountain City/Ruby Mountains/Jarbidge Ranger Districts, Elko County, Nevada. Commissioner Williams seconded the motion. The motion passed unanimously.
2:37:40 PM: VIII. BUREAU OF LAND MANAGEMENT ISSUES: A. Discussion and consideration of Resolution No. 20-2014 requesting Congressman Amodei to hold a Congressional Hearing in Northern Nevada to discuss the livestock producer’s relationship with the Bureau of Land Management. Commissioner Dahl read into record Resolution No. 20-2014. (A copy of Resolution is attached to the minutes) MOTION: Commissioner Guttry moved to adopt Resolution No. 20-2014 requesting Congressman Amodei to hold a Congressional Hearing in Northern Nevada to discuss the livestock producer’s relationship with the Bureau of Land Management. Commissioner Dahl seconded the motion. Commissioner Williams asked if Congressman Amodei has been contacted about this hearing. Commissioner Dahl replied in the affirmative and noted Congressman Amodei was at the meeting. He stated at the meeting they found that the BLM was not only permitting for a two month period but also a one month period. He stated the BLM had put together committees of members of the public and members of the environmental community to go out on some ranges monthly to access whether the ranchers could stay on the range or not. Commissioner Dahl stated if a business did not know whether they could use their equipment in the business from month to month then they could not live up to their contracts. Commissioner Williams inquired if this would be a full-fledged meeting being considered Commissioner Dahl replied in the affirmative and stated a full meeting would not be able to happen until February in Winnemucca or Battle Mountain. The motion passed unanimously. ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 7
B. Discussion and consideration of Resolution No. 21-2014 entitled: “A Resolution Objecting to the Actions of the Bureau of Land Management, BLM State Director Juan Palma, US Attorney Carlie Christensen with Regard to the Protest of Recapture Canyon in San Juan County, Utah.” Chairman Myers stated this was the area were the ATV recreationists protested and now the BLM were attempting to bring lawsuits against some of them. Commissioner Williams believed the issue was that they brought charges against the County Commissioner and not the County as a whole. Kristin McQueary commented that anyone can bring a lawsuit against anyone for anything. She stated the issue was whether you put yourself in a defensible issue. Commissioner Dahl stated this was similar to the Jarbidge issue and it was an access protest. He noted when they held the hearing Grant Gerber said before the Judge that it was a free speech issue and the Judge agreed. He believed this was also a free speech issue. Commissioner Dahl stated they chose who they would sue rather than suing everyone involved. Commissioner Williams noted this said charges and doesn’t say lawsuit. He noted these charges would be held in federal court rather than District Court. He noted the Commissioner and other recreationists would not be heard before a local Judge or jury. He noted the federal judge was not elected by the people and may look more toward appeasing the federal agencies rather than the local people. Kristin McQueary commented the Insurance Pool will cover and indemnify you for Court charges committed within the course and scope of your employment. She stated there was no coverage for criminal charges which would be up to each individual commissioner. Commissioner Williams inquired if this Commissioner would receive the benefit of his County to defend him. Kristin McQueary stated she was not able to say how it was in Utah. Commissioner Dahl inquired where the nearest federal District Court was. Kristin McQueary stated it would be the nearest Court within your State, so it would be in Salt Lake City. Commissioner Guttry stated he did not understand how this happened when it was a pipeline maintenance road and the right of way was granted to the Waterway Conservancy District and permission was granted from that agency for the protest ride. He noted the BLM said they do not have claim to that road yet the BLM claims that they can close a road that they admit was not theirs to close.
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Commissioner Williams stated lawsuits cost a lot of money so it may cost the individual hundreds of thousands of dollars. He stated that was why they wanted to be tried in the District Courts rather than the federal courts. Commissioner Dahl stated the same thing happened in Jarbidge and they were served to appear then Grant Gerber argued it was free speech and the Judge dropped them from the lawsuit. Kristin McQueary stated from the very beginning of the Shovel Brigade they kept the Shovel Brigade members separate as possible to have more avenues of issues. Commissioner Guttry inquired if there were hundreds of people doing the same thing and they only charged five of them, was that discrimination. Kristin McQueary stated there was certainly an argument to be made for selective enforcement. MOTION: Commissioner Guttry moved to adopt Resolution No. 21-2014 entitled: “A Resolution Objecting to the Actions of the Bureau of Land Management, BLM State Director Juan Palma, US Attorney Carlie Christensen with Regard to the Protest of Recapture Canyon in San Juan County, Utah.” Commissioner Dahl seconded the motion. The motion passed unanimously.
C. Discussion and consideration of a request from State Assemblyman Ira Hansen to adopt a resolution (Resolution 22-2014) to support local law enforcement since BLM Law Enforcement has “…begun to “incorporate” state law (NRS) into their enforcement portfolio” including traffic violations without State of Nevada or local law enforcement approval. Sheriff Pitts stated he received the same letter from Assemblyman Ira Hansen as the Board and they have held several meetings with the Assemblyman on this issue. He encouraged the Board to support the local law enforcement. Commissioner Guttry believed the federal agency would not pay attention to the State legislation. Sheriff Pitts stated the legislation would give the local law enforcement more teeth. Commissioner Guttry noted if someone on an ATV received a citation from a federal agency he would still have to go to Reno to protest the ticket in federal court. Sheriff Pitts believed if there was a Nevada Revised Statute dealing with that issue it would give the individual better standing in Court. Commissioner Williams inquired if they have ever received an invitation from Jill Silvey the local BLM District Manager or from local BLM office to work
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 9 out a local working arrangement through a Memorandum of Understanding to work under the guidelines of the Sheriff. Sheriff Pitts had not been contacted by either Jill Silvey or from the Salt Lake law enforcement office for a Memorandum of Understanding. He stated when they had an issue of their BLM law enforcement officer checking out hunting licenses he reached out to their law enforcement officer and he came in to discuss that. He stated he has never gone to Jill Silvey’s office either. Commissioner Williams stated according to Assemblyman Hansen he has talked to most of the Sheriffs/Chiefs in Nevada but did not believe he had discussed this with the BLM. He believed the Sheriff would have to meet with the BLM to work out an agreement. He inquired if that had happened anywhere else in the State. Sheriff Pitts stated the meetings they had been to were attended by half of the Sheriff’s within the northern half of the State. He stated every Sheriff was having the same issue with the BLM law enforcement. He had never reached out to Jill Silvey but noted she was trying to get three more officers within the region. Commissioner Williams noted BLM law enforcement in this area was not under Jill Silvey’s jurisdiction and the actual directions come from Salt Lake City. Commissioner Myers noted Dan Love was the regional director in Salt Lake City for the law enforcement. Sheriff Pitts stated if they get outside of the area it was hard to control or be informed of what was happening in Elko County if you were taking care of Utah and a portion of Nevada. He stated Dan Love may not know that his officers were writing parking tickets or citations for expired license plates. Commissioner Dahl disagreed that the Sheriff should have to reach out to the BLM to accommodate the BLM because it was the Sheriff’s County and he was the head law enforcement officer. He noted the FBI did not come into the County and tell the Sheriff what to do. Commissioner Williams encouraged them to work with the federal agencies to prevent another unfortunate issue such as the Claude Dallas situation. He believed the agencies could work together and be each other’s backup in tense situations. Sheriff Pitts stated they would provide backup fellow law enforcement. He believed if the other agency does something wrong then they could document it and take it to the appropriate party. Commissioner Guttry inquired if a BLM officer was issuing a ticket and the individual gets belligerent and refuses to give the officer his license and the officer arrests him where does that prisoner go.
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Sheriff Pitts stated they drive him to Reno because the County does not book on federal charges. Commissioner Guttry voiced concern that the BLM would bring in three more officers and there may be more confrontation. Commissioner Myers stated in order to book an individual in our jail that was not a member of our law enforcement there has to be a Memorandum of Agreement but with that MOU it gives them police powers within the County. He stated for the last twelve years this Commission has not done that. Commissioner Dahl noted when Dan Love, of the BLM, was present the Commissioners had asked him what if Elko County did not enter into an MOU or if they placed restrictions with the MOU and Dan Love had responded he could still administer Nevada Law without the MOU. Sheriff Pitts stated the BLM adopt Nevada Laws under federal codes. He stated the BLM could bring their prisoners to the jail for a courtesy hold until they could get transport to Reno. Commissioner Williams had reviewed their codes and Nevada Laws were intermingled with federal codes. Sheriff Pitts commented Ira Hansen had gathered support from fellow legislators and the Sheriffs. Commissioner Williams inquired even if it became Nevada law did that trump the federal authority. Kristin McQueary replied that would depend upon how far the BLM was willing to push it, what stance the State of Nevada takes on it, and how the federal courts respond to their limitations placed upon their federal law enforcement. She stated some of the other agencies by statute have the ability to do certain things under State law. She believed it would depend how the State reacts to it. Sheriff Pitts stated the other entities listed within the NRS now do not have a problem because they come to the deputies and ask and talk before taking any actions. He stated every Sheriff in the State wants to know what was going on in his County and to have a say over it. He stated they work well with the two FBI officers stationed here. Sheriff Pitts stated they coordinate with the BIA and their investigator comes to the Sheriff’s Department for information but they were professional and know their limitations. He believed they need the same coordination with the BLM and the Forest Service. Kristin McQueary stated the BLM law enforcement officer could write a citation as a private citation and have the local law enforcement bring the person in this system here rather than write those citations into federal court. MOTION: Commissioner Dahl moved to adopt Resolution 22-2014 to support local law enforcement since BLM Law Enforcement has
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“…begun to “incorporate” state law (NRS) into their enforcement portfolio” including traffic violations without State of Nevada or local law enforcement approval. Commissioner Guttry seconded the motion. John Carpenter was in the Legislature when the Bureau of Alcohol, Tobacco and Firearms (ATF) came to the State Legislature to get law enforcement authority in Nevada and the Legislature turned them down. He stated there were only two or three agencies to have law enforcement authority within Nevada the FBI and the Secret Service. John Carpenter stated the statutes say the Sheriff was the chief law enforcement officer in the County and anyone else coming into the County will have to have the Sheriff’s permission. He did not know the specific law that the State Legislature used in opposition to the ATF’s request. He questioned where the BLM gets their authority for law enforcement within Nevada. Commissioner Williams suggested they write a letter to the Attorney General’s Office asking these questions. Sheriff Pitts stated the US Marshall’s Service had come trying to get police powers. He stated now they come in and form a task force with the local law enforcement participating so they have police powers within that task force. The motion passed unanimously.
3:12 PM: VI. ELKO COUNTY HIGHWAY DEPARTMENT: The Highway Board was called to order at 3:13 p.m. Discussion and consideration of a request by the National Park Service/National Trails Intermountain Region/California Interpretive Center for Elko County to give permission and provide labor for the placement of California National Historical Trail signs on Elko County Roads 761, 763 and 765 (Wine Cup Ranch, Goose Creek and Delaplain areas. Randy Brown explained they met with them last year to talk about this concept of placing these signs alongside the County roads north of the Winecup Ranch. He stated the Trail Center would provide the signs, location and mapping and they have asked Elko County to participate by providing labor to put up the signs. He stated this proposal was just for the BLM lands because they do not have permission from the private landowners. Randy Brown stated Terry Lister has been involved in these conversations and agreed to provide the labor. He stated they were looking at two weeks of labor. Randy Brown stated Commissioner Dahl had requested a small sign be placed by it stating Elko County provided the labor. Commissioner Myers inquired if that was eight hours per day for two weeks straight.
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Terry Lister replied it was not eight hours a day for 2 weeks; it would be fill in work with weather permitting. He stated if they leave from Wells it would be less travel time. He stated there were 60 signs with pound in posts. Commissioner Williams stated the Commissioners had to sign a letter stating they allowed the signage. Randy Brown stated there was a letter in their packet allowing BLM authorization to put signs in the County right of way. Commissioner Williams noted on most of that road the County only has an easement from barrow ditch to barrow ditch so the signs would be placed either on private property or BLM. He believed this would have a positive economic impact. Randy Brown agreed most of this was the BLM and the BLM was looking at getting ownership over the winter so next year they would look at the second phase of this project. Gary Koy, manager of the California Trail Interpretive Center, reported that since the center had been open they had received requests for people wanting to know where they can see the ruts. He noted this by-way has been in existence since 1980 as a result of a cooperative agreement between the County and the BLM. He stated this tied Wells and Jackpot in the trail. Gary Koy stated they have been reluctant to send people on the by-way until we know they will not get lost. He stated James Rogers, manager from the Winecup Ranch, had given indication that they were supportive of this. Commissioner Williams stated that most of that road was not maintained year around so they don’t want people to get stuck. He stated the park service was going to place signs at certain locations that state the road was not maintained all the time. He believed the public should know most of that was upon private property so they can be respectful. Gary Koy stated the center does have a brochure that states that and he believed the County would place signs that stated “travel at your own risk”. Terry Lister stated the County will place a yellow sign stating “no winter maintenance”. Gary Koy stated this will be phased in and this phase was putting signs along the BLM land. He stated ultimately they would have signs along the highway and a kiosk at each end which could say labor provided by the County. MOTION: Commissioner Williams moved to approve and accept the responsibility to place the signs alongside the road as per request by the National Park Service/National Trails Intermountain Region/California Interpretive Center for Elko County to give permission and provide labor for the placement of California National Historical Trail signs on Elko County
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Roads 761, 763 and 765 (Wine Cup Ranch, Goose Creek and Delaplain areas). Commissioner Guttry seconded the motion. The motion passed unanimously. The Highway Board was adjourned at 3:21 p.m.
3:21:19 PM: X. ELKO COUNTY CODE: Elko County Code: In accordance with Notice 39-2014, conduct a Public Hearing to review and possibly adopt Elko County Ordinance 2014-11, Bill K, which reorganizes the ELKO COUNTY FIRE PROTECTION DISTRICT. Gary Zunino, Fire Administrator, stated this was the Second Reading for this Ordinance which reorganized the Fire District under NRS 474. Mike Klug, NDF Northern Regional Forester, commented they have been working on this for the past two years. He stated the County and the Nevada Division of Forestry have had a close working relationship since the 1950’s. He stated on January 1, 2015 the Nevada Division of Forestry will be focusing on the management of wildland fires and the County will have local control over the all- risk. Mike Klug stated NDF would be available to help with all hazard incidents. He stated they look forward to continuing that close working relationship. MOTION: Commissioner Williams moved in accordance with Notice 39- 2014, to approve the Second Reading of Elko County Ordinance 2014-11, Bill K, which reorganizes the Elko County Fire Protection District. Commissioner Guttry seconded the motion. The motion passed unanimously. Kristin McQueary stated under NRS Chapter 474 this Ordinance must be recorded in the Elko County Recorder’s office. 3:25:39 PM: IX. OWYHEE RIVER ADJUDICATION - STOCK WATER RIGHTS: Discussion and consideration of possible legal actions by the County to support the position of the Nevada State Engineer, Jason King, in his denial of a US Forest Service water rights application to appropriate Owyhee River adjudication for stock water purposes. Kristin McQueary stated Griffin Weaver had prepared a memo which was provided to the Commission via e-mail. She stated he had looked at both interventions by right and permissiveness of intervention. She gave an overview of the legal definition of intervention right. Kristin McQueary reviewed the permissive intervention requirements. She stated when discussing this with the State Attorney General’s Office they believed the County would be in a better position to enter as an amicus at the Supreme Court level and volunteered some public policy arguments the County could bring forward. Kristin McQueary stated
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Griffin Weaver has attempted to contact the Supreme Court but had no response back. She recommended that they continue to monitor the lawsuit and if the State needs us, they could join with an amicus. Commissioner Dahl noted NACO entered within the wild horse lawsuit and their standing was not contested. He stated the exhausting administrative appeals were not contested and the Farm Bureau was an appellant which was not contested. He believed the Attorney General’s Office may have a different view as of the first of the year and wished to enter as an appellant at the beginning. He stated this issue was similar to the issue they went through with the BLM in 2000 or 2001. Commissioner Dahl inquired if the State makes a decision that limits what the federal agencies can do, do they have to abide by it. He noted the BLM was told by the State Supreme Court that they could not show beneficial use because they did not own livestock. He believed if the Forest Service could file then the BLM would also file for water rights. Kristin McQueary explained the wild horse lawsuit was within federal court but the water was State court under specific statutes and it was a different venue operating under the statutes. Kristin McQueary stated the law was on the side of the State Engineer in this case. She stated there were federal statutes that give the States control over their water. She noted if the Court finds we don’t have standing, it may cause a backlash to the State Engineer. Kristin McQueary had provided information to the Attorney General’s Office that may help them with their case such as grazing studies, etc. Commissioner Dahl suggested we continue to do what we were doing and have Kristin McQueary look to prove Elko County’s standing. Commissioner Guttry inquired if this involved surface water from the Owyhee River. Walt Leberski worked for the law office that represents the stockmen who were on the forest in that drainage. He stated these waters may or may not be tributary to the Owyhee depending upon the flow. He replied it was surface water and not underground water. He stated if the ranchers lose a water permit on the forest then it would affect the value of the ranch. Larry Leberski stated when it affects the value of the ranch it would affect the County tax assessment. He stated Mountain City had a water right in that region but it does not involve stock water. Commissioner Guttry requested clarification why the Forest Service was involved because the water was for stock water purposes. Walt Leberski replied the State Engineer maintains the Forest Service has not shown beneficial use because they do not own stock. He stated the Forest Service was going on the basis that the surface water rights were pertinent to the ground of the area of use. Walt Leberski noted the Forest Service said the stock
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 15 water was being used on the forest prior to 1905 and water rights were appurtenant to the ground. He commented the State owned the water. Commissioner Guttry inquired about the detriment of giving the water right to the Forest Service. Walt Leberski stated if the ranchers lose a vested water right it could set a precedent. He commented upon the similarity with the Hage case. Randy Brown explained the Forest Service wanted the water rights to be able to control the rights and the land on the allotment. He noted the State Engineer currently dictates where the water can be used. Kristin McQueary stated when the BLM tried this Judge Gamble in Douglas County wrote a decision which was not appealed to the Nevada Supreme Court. She stated Walt’s argument about the public tax would make more sense in an amicus argument rather than a standing argument. Walter Leberski stated the Forest Service was concerned about stock water rights on forest being transferred outside of the forest. He commented most of these were springs and questioned how far the water would go outside the forest. He noted similar issues have come up since 1972. Walter Leberski encouraged the Commission’s support. Commissioner Dahl stated this would be a big impact upon the ski resorts. John Carpenter believed the County had standing under their responsibility for the health and welfare of the people within this county. Commissioner Williams stated this would affect more than just the ranchers it would affect cities, towns, and people who were getting their two acre feet of water. John Carpenter stated the BLM had filed a decision against the people in the Argenta Allotment, the people filed an Appeal, and he had filed an Appeal on it. He did not think the BLM had the right to take the cattle off the way they did. John Carpenter noted monitoring showed that they have not used the allotment as they had agreed to. He had written in his appeal about the economy of the ranching industry and that he was familiar with the allotment because he had been a permittee in that allotment in the past. John Carpenter stated the BLM fought to get his appeal thrown out but the Judge denied the BLM’s efforts. He noted the Judge said that the BLM could not take off all the cattle from the range because John Carpenter had the right to go out there and enjoy viewing them. He believed the County had standing in this lawsuit. Kristin McQueary commented it was different to get standing under the federal case law than to get standing under the State of Nevada Law. She recommended coming in at the amicus level. John Carpenter commented the federal government was attempting to get rights to the underground water to also control the people.
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Commissioner Dahl encouraged them to try and get standing within the suit. Kristin McQueary explained the County does not have any property right on the water at issue but they do have an interest in the collateral consequences which was more of an amicus issue. She noted the ranchers have a vested right to the water prior to the creation of the forest and it was a type of property rights so they have a standing based under Nevada water law. Kristin McQueary stated the County does have potential collateral consequences and they could still go to the Nevada Supreme Court level. Commissioner Dahl noted the ranchers never signed an agreement that the federal government could come in and take their water. Griffin Weaver commented he had read the briefs on this particular issue and in order for the County to get standing was if our interest was not adequately protected. He said the County was a political sub-body of the State so it would be difficult for the Judge to say your interest was not protected because the State was already arguing adequately. Griffin Weaver said after reading the State’s brief, he felt the State was arguing extremely well on behalf of the people and the interests of the State of Nevada. Commissioner Dahl said because this was going to be done in local court; he was willing to have the County do whatever they can to get standing in the local court. He believed that would show the Court that the County was concerned and would have an influence upon the Court. Griffin Weaver explained the County had to have a solid foundation when they go into Court to protect their reputation. He noted after researching this issue the County does not have much to stand upon to argue standing based upon previous case law. Commissioner Dahl believed they should come in at the entry level of the lawsuit. Griffin Weaver stated they would have to be admitted as a party and it goes back to whether the interests were adequately protected. He believed the State has already made those arguments. Commissioner Williams inquired if they could submit a letter of support which states the County’s concern. Kristin McQueary stated that amicus brief would be filed at the appellate court level. She had discussed this with the Attorney General’s Office and they supported that participation upon the reduced tax base. She explained the amicus brief was to bring other issues to the Court’s attention. Commissioner Guttry commented the bottom line was our interests were being argued and protected by the State; the State was saying thanks for your
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 17 support, we have it under control and we will let you know when you can help. He agreed the federal government had a weak argument. Commissioner Myers inquired if the State was arguing on behalf of the health, welfare and safety of the citizens. Griffin Weaver replied the State was arguing on behalf of the citizens and the stressing the importance of the economy. Commissioner Williams inquired if the cities or town had become involved. Griffin Weaver stated nothing had been filed by them. Commissioner Myers inquired if Griffin Weaver was monitoring this as it goes forward. Griffin Weaver replied yes. Commissioner Myers asked that he keep the Commission updated on their progress and inform them if they determine the County has a standing or when it was time to file an amicus. Kristin McQueary stated the Attorney General’s office knows of the County’s interest and if the State needs the County they will contact us. She noted submitting an amicus was easier than to get standing at this level. This item would be kept upon the agenda for further updates.
4:17:19 PM: XI. COMMISSION AND COMMITTEE REPORTS: Informational reports from Commission members regarding various committee, liaison or agency issues as may be appropriate. A. Demar Dahl, District 1 Commissioner Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Public Lands Chair, Nevada Association of Counties (NACO) Board, WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, Elko County Conservation Districts Liaison, American Lands Council / Western Counties Alliance, Nevada Land Management Task Force. Commissioner Dahl stated there was a rancher in the southern part of the County which has been told by the BLM to take a 50% reduction. He noted this similar action has been taken in the Winnemucca and Battle Mountain Districts. He noted there was an implied threat but in Winnemucca there were more horror stories of threats to do full force closures under the drought standing. They were told it would be one year after the BLM decides the drought was over before they could turn back out on the allotment. Commissioner Dahl stated on the Buffalo Allotment there was 97% land either leased or was private land not being utilized because they could not fence the 3% riparian area. He stated there was a Public Land Committee meeting and Congressman Amodei was at that meeting on Wednesday. He noted Congressman Amodei had met with Rob Bishop, ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 18
Chairman of the Natural Resource Committee. He stated the County had asked for a Congressional Field Hearing here in Nevada and Rob Bishop was in favor of holding that hearing. He understood Congressman Amodei had spoken to Rob Bishop about getting a bill introduced to Congress to bring about the transfer of public land from the federal government to the State. B. Charlie Myers, District 2 Commissioner Commission Chair, Liquor Board Chair, Veteran’s Affairs, Nevada Department of Transportation (NDOT) Liaison, Northeastern Nevada Regional Development Authority (NNRDA), Debt Management Commission, Auditorium Authority Board (ECVA), Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison, Nevada Division of Forestry Liaison, USFS-RAC. Commissioner Myers reported the Festival of Trees event was coming up at the end of the month at the Convention Center and encouraged them to attend. C. Glen Guttry, District 3 Commissioner Highway Board Clerk /Regional Transportation Commission (RTC), Hospital Board, Recreation Board, Humboldt River Basin Water Authority, Elko City Liaison, Elko Senior Activity Programs Board Liaison, National Guard Liaison. Commissioner Guttry stated the Hospital Board would meet tonight. He noted the HRBWA had a workshop last Wednesday on the Humboldt River base flow which was a problem. He would comment tomorrow what transpired at that workshop. D. R. Jeff Williams, District 4 Commissioner Highway Board Chair /Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, California Trails Center Board Liaison, Natural Resource Management Advisory Commission Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Sheriff Department Liaison / LEPC Liaison, Library Board of Trustees Liaison, School District Liaison / CIS – Communities in Schools, Nevadaworks. Commissioner Williams had spoken to Cash Minor about road issues within the County. He and Randy Brown had held several meetings with Terry Lister on the numerous road issues. He would bring more information to the December meeting. Commissioner Williams stated the Carlin VFD was having a meeting next week to give out awards to their volunteers for their many years of service. He congratulated the Sheriff on the Resource Officer Program within the schools.
4:26:19 PM: XII. COMMISSION MEETING CALENDAR: November 5 & 6, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. November 11, 2014 – Elko County Veterans Day Parade -11:00 a.m. December 3, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 19
January 5, 2015 – Organizational Meeting – Nannini Admin Bldg., Suite 102 January 7 & 8, 2015 – Nannini Admin Bldg., Suite 102 – 1:30 p.m.
Chairman Myers stated on November 10th they will hold a special meeting to approve the Election Canvass. Commissioner Dahl inquired if he could attend telephonically and received an affirmative response. Chairman Myers stated November 11th was the Veterans Day Parade and invited them to attend. Cash Minor stated November 18th was a special meeting to award the RFP to do the communication changes for the Fire District. MOTION: Commissioner Williams moved to approve the Commission Meeting Calendar. Commissioner Guttry seconded the motion. The motion passed unanimously.
4:29:02 PM: XIII. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager’s Office. B. Approval of minutes: August 20, 2014 & September 3, 2014 MOTION: Commissioner Dahl moved to approve the Consent Agenda A&B. Commissioner Guttry seconded the motion. The motion passed unanimously.
4:29:25 PM: XIV. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes reported the boiler system for the old medical and dental clinic has failed and they were working on the replacement. He had spoken to the Governor’s office with regards to filling a vacancy process. Commissioner Myers reminded them about the Veterans Day Parade. He questioned why on the possible shooting near the Southside School that the school was not locked down. Sheriff Pitts stated there was a shooting but the suspects were out of that area. He stated the City of Elko handled that shooting. Commissioner Guttry had read the newspaper article that stated there had been no danger to the school. Sheriff Pitts believed the shooter jumped into a car and drove away. Commissioner Williams stated Gary Koy, the Director of the California Trail Interpretive Center would be retiring next month and suggest the Commission give him a certificate of appreciation.
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Sheriff Pitts reported a Deputy rolled a vehicle and the Deputy was doing fine as well as his partner (dog) after hitting the deer.
4:35:45 PM: XV. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted.
4:36:07 PM: XVI. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 4:36 p.m.
APPROVED,
CHARLIE MYERS, Chair
ATTEST:
MARILYN TIPTON, Deputy Clerk
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 5, 2014 PAGE 21
Elko County Board of Commissioners
Commissioners Demar Dahl Grant Gerber Glen Guttry Charlie Myers R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. NOVEMBER 6, 2014
The Board of Elko County Commissioners met in regular session on Thursday, November 6, 2014, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada.
There were present: County Commissioners Charlie Myers, Chair Demar Dahl Glen Guttry R. Jeff Williams County Manager Robert Stokes CFO/Asst Co. Mgr. Cash Minor Planning/NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Co. Fire Administrator Gary Zunino Sheriff James Pitts Transportation Coordinator Abigail Wheeler
Chairman Myers called the meeting to order at 1:30 p.m. Chairman Myers led the meeting participants in the Pledge of Allegiance.
1:32:24 PM: I. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted.
1:32:47 PM: II. NEVADA OUTDOORSMAN IN WHEELCHAIRS - ANTELOPE HUNT: A. Discussion and consideration of a Certificates of Appreciation to the Nevada Outdoorsmen in Wheelchairs, Newmont Mining Corporation and the Newmont Legacy Fund for sponsoring the Annual Antelope Hunt that has participants from around the State and the Country. ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 1
B. Presentation by Matt Murray, Nevada Outdoorsman in Wheelchairs President, regarding the Annual Antelope Hunt with Newmont Mining Corporation and Newmont Legacy Fund participation on the TS Ranch. Matt Murray stated this organization was established in 2008 by Rob McMillan of Virginia City. He stated Chad Bliss was an active member and on the State Commission who helped with the organization. Matt Murray was working at Newmont in 2009 when he was approached by the organization. He contacted Dan Gralian and Jeff White at Newmont and they opened up the ranch for wheelchair hunting He stated since 2010 the hunters stay at the TS Ranch and utilize the landowner tags to hunt antelope. Matt Murray stated the employees through Newmont Legacy Fund basically fund this entire organization. The Legacy Fund helped purchase tract chairs to be used on the hunt. Matt Murray reported their hunters were not limited to just Veterans they had a hunt with a child who had Cerebral Palsy and a women who had never hunted. Matt Murray stated the hunt changes the people’s lives and was very rewarding for the participants. He commented Commissioner Williams had observed this year’s hunt. Commissioner Myers inquired how someone totally handicapped could participate and how do they train that individual. Matt Murray stated they had a quadriplegic hunter and one of the board members designed an apparatus to place on the wheelchair so that he could position the gun with a joystick under his chin. He stated this year’s hunter had broken his neck, spine and taught himself how to walk but was not strong enough to hold the gun so they built a holster and a release around his arm so he could shoot. Commissioner Williams had the privilege to speak to the hunters about guns and displayed some of his old guns. He realized that this was not about the hunting but people who care about people and it was the opportunity to do something for someone who could not do this without help. Commissioner Williams had invited Matt Murray to come to a Commission meeting and explain this program. He felt this group should be recognized for what they do for those individuals. Matt Murray stated it was about us giving them our time. He noted the hunters were asked to fill out a form about what they enjoyed on the hunt and most of their responses were not about the hunt but about the time spent with the people doing things they don’t usually do like throwing rocks, taking walks, etc. Commissioner Myers commented how emotional the presentation was and the Commission commended the organization for their program.
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Paul Pettit, Newmont employee and NOW Board of Director, commented the employees choose who they want to donate to and the employees donate to various organizations. He stated this was one of the 501C3 organizations that Newmont matches the employees’ donations so they were able to make this happen. Commissioner Williams commended them and asked him to let the NOW Board know how much the County appreciated them and felt the people in Elko County should recognize them. Kristin McQueary thanked the Newmont Legacy Fund on behalf of the 4-H Club for their support. Commissioner Myers commented upon the press release regarding the recent Newmont Legacy Fund contributions. MOTION: Commissioner Williams moved to approve Certificates of Appreciation to the Nevada Outdoorsmen in Wheelchairs, Newmont Mining Corporation and the Newmont Legacy Fund for sponsoring the Annual Antelope Hunt. Commissioner Dahl seconded the motion. The motion passed unanimously.
1:56:01 PM: AGENDA ADENDUM:
ELKO COUNTY TRANSIT DEPARTMENT – GET MY RIDE PROGRAM: A. Short update on the purchase of radios, installation and how well they were working. Abigail Wheeler, County Transit Coordinator, stated they have purchased the radios for the busses and Sierra Electronics put them in the vehicles. Heather Olsen thanked them on behalf of their drivers for the new radios. She reported the new radios worked efficiently in Spring Creek and Lamoille areas so there was no loss of communication. Abigail Wheeler reported they have four busses in operation. She commented they have one vehicle with the transmission out and one vehicle with an engine out. Abby Wheeler reported in 2014 they delivered 37,404 trips which was up 9,000 trips from last year with less vehicles. She stated they applied to Utah Transit Authority UTA and they will donate three 2007 vehicles. She stated they may be able to get a City Bus with low flooring for wheelchairs. Abby Wheeler commended Scotty at Sierra Electronics and MV for doing an outstanding job to keep this program operating. Abigail Wheeler explained UTA changed their policy to the first agency who qualified for donation of the vehicles no matter where they were from so that Elko County may receive some of the vehicles.
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B. Discussion and consideration of Memorandum of Understanding with RSVP for assistance of transportation services associated with the Veterans Grant and Veterans in Carlin, Nevada. Abby Wheeler stated in July their Veterans grant was approved so there was funding to supply transportation at no charge for Veterans. She stated the problem was they were limited on their vehicles and hours but she was aware that RSVP was having vehicles being built. She noted one of those ADA vehicles were to be placed in this region so she believed RSVP could transport the Veterans from Carlin to Elko for medical services and connect with the DAV van to Salt Lake City. She believed in a future meeting the Wells Senior Citizens Center will be bringing in a similar MOU. Abby Wheeler stated Kristin McQueary had performed a legal review of the MOU and did some changes on page three. MOTION: Commissioner Guttry moved to approve a Memorandum of Understanding with RSVP for assistance of transportation services associated with the Veterans Grant and Veterans in Carlin, Nevada. Commissioner Williams seconded the motion. The motion passed unanimously.
2:05:56 PM: III. CENTRAL DISPATCH AUTHORITY: Discussion and consideration of a proposal from the Central Dispatch Authority to place the Elko County Fire District dispatch services with the CDAA for the period January 1, 2015 thru June 30, 2015 at a cost of $68,467.50 and July 1, 2015 thru June 30, 2016 based on the radio count method currently in use. Cash Minor stated the Executive Board and Operating Board of Central Dispatch met and discussed the Elko County Fire District. He believed there were approximately 80 radios in that Fire District. He stated it was determined that the only radios that they would charge was for the full time employees (17) which includes two positions that they did not hire. Cash Minor stated the cost was half the unit cost per radio which was approximately $8,200. He stated the second year would stay under the radio formula for the 14 to 17 radios but they would work on the Interlocal Agreement to make changes to come up with a better methodology to better distribute the cost for Center Dispatch. Commissioner Myers inquired if they would review the costs for the repeaters. Cash Minor stated Central Dispatch would be coming back for Enhanced 911 issues. Commissioner Williams inquired if this would be a long term solution for the County.
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Cash Minor believed this was the best option for the County because if they stayed with NDF it would cost more and within a limited period of time they would be looking for another option. MOTION: Commissioner Guttry moved to approve the staff recommendation proposal from the Central Dispatch Authority to place the Elko County Fire District dispatch services with the CDAA for the period January 1, 2015 thru June 30, 2015 at a cost not to exceed $68,467.50 and July 1, 2015 thru June 30, 2016 based on the radio count method currently in use. Commissioner Dahl seconded the motion. The motion passed unanimously.
2:11:20 PM: IV. ELKO COUNTY SHERIFF’S OFFICE: A. Discussion and consideration of a draft letter to Frontier Communications Corporation related to the intermittent telephone service provided by Frontier Communications in Elko, Nevada and the impact it has upon the operations of the regional emergency dispatch center. (The Central Dispatch Authority’s Executive Board is requesting that all governing boards participate in this request to Frontier Communications Corporation). Commissioner Williams disclosed he has a business relationship with this corporation. Kristin McQueary had provided them a memo based upon this disclosure and due to his continuing business relationship asked that he disclose and abstain from voting on this particular issue. Cash Minor stated this request came from Central Dispatch because there had been intermittent outages with Frontier Communication that resulted in no 911 communications for emergencies. He commented Central Dispatch had prepared a letter and addressed it to Frontier Communications as well as the Public Utilities Commission (PUC) asking for help in upgrading and fixing some of those problems so that outages become less of an issue. Cash Minor stated Central Dispatch was asking all the governing boards that were a part of Dispatch to also send a letter to Frontier Communications and the PUC seeking upgrades to improve communications. Sheriff Pitts stated there had been several problems with the phone lines going into Dispatch. He stated Elko Police Chief, Ben Reed, had suggested they all write letters to put them on notice that the phones were going down. He encouraged their support for the Enhanced 911 system. Commissioner Myers supported Enhanced 911 support but it creates other issues with all seven phone companies and two cell phone companies. He stated they would have to get the franchise fees approved for all those ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 5 companies. He stated they may start with the City and work their way out because there was no addresses for every residence within the County. Sheriff Pitts believed the phone company took care of the addresses. He noted Las Vegas and Henderson had the Enhanced 911 system. He stated this had to be approved by the County Commission. Commissioner Myers believed the issue was with addresses in the outlying areas. Sheriff Pitts stated volunteers could prepare those figures and they would present it in the future for the Enhanced 911 System Commissioner Myers inquired what the issue was with the phone lines. Donna Holladay, Central Dispatch Authority, explained it was a Frontier Communications problem but Frontier said it was an AT&T problem. She did not know if it was routers or antiquated equipment. Donna Holladay gave an example of a call in from a woman when the lines were down several weeks ago and communication could only be established by using her cell phone. Commissioner Guttry inquired if a letter was sent to the PUC. Donna Holladay stated the Central Dispatch Operations Board had already submitted a letter to Frontier Communications with a copy to the PUC. Commissioner Myers believed if more boards sent letters it would add credibility to the situation. MOTION: Commissioner Guttry moved to direct staff to send a letter to Frontier Communications related to the continued intermittent telephone service especially affecting our 911 System and carbon copy to PUC and have all Commissioners sign the letter. Commissioner Dahl seconded the motion. Commissioners Guttry, Dahl and Myers voted aye. Commissioner Williams abstained from voting and signing the letter. The motion was passed by majority vote. B. Report of activities related to the continuing operation and activities of the Elko County Sheriff’s Office. Sheriff James Pitts reported they were at 33% of the budget year and was at 30% in the operational side and 31% on the jail side of budget. He stated they had 9,291 activities which were up 21% on calls from last year. For the month of October there were 438 calls with 13 felonies, 63 misdemeanor arrests, 3 DUI, 8 drug arrests, 125 agency assists, 406 traffic stops, 106 citations were written and answered 193 animal calls. Commissioner Myers inquired about the investigation on the dog shooting. Sheriff Pitts stated they were still investigating that. He reported there was no report for the rural deputy because he took the shift for one of their Sergeants who had hip surgery. He stated the detectives had 572 hours of investigation, 26
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 6 hours for administration, 11 hours for agency assists, 8 hours at the jail, 20 hours in special assignments, and one Sergeant spent 80 hours in leadership class. He reported they had 133 active cases, 546 inactive cases, opened 22 new cases and closed 25 cases last month. He reported the jail population was 122 with 271 bookings for a total of 2,592 bookings for the year. Sheriff Pitts reported they issued 22 CCWs last month, 18 out-of-state CCWs, 10 ex-felon registrations, 91 prints, 32 sex offender registrations, 1 work card, 144 total prints, and 886 customers came to the front window, 413 civil service and 1,339 attempts for civil service for last month. Commissioner Myers inquired about the sex offenders within the community. Sheriff Pitts explained the sex offender registration procedure. He reported they did 141 warrants which brought the total for the year to 206 warrants. He stated the Search and Rescue helped the Wendover Police Department on a homicide lead. Sheriff Pitts stated their cadets worked the Trick or Treat Street and at the Haunted House all month for FISH. He presented a slide presentation of the construction on the jail expansion. He was told they were two weeks ahead of schedule. Commissioner Dahl commended the Sheriff for staying within budget even though the workload was up. Sheriff Jim Pitts thanked his staff for their help in staying within budget. Commissioner Williams inquired if they had received more information on the livestock killings. Sheriff Pitts stated that was under investigation and they had received some phone calls on the hot line. Commissioner Williams inquired about the burning of the Tomera haystacks. Commissioner Guttry had spoken to Patsy Tomera and the State Fire Marshall and investigators had been there. 2:30:34 PM: V. ELKO COUNTY FIRE PROTECTION DISTRICT: A. Discussion and consideration of approval of Notice 42-2014 to go out to Request for Proposals for the necessary upgrades to the mountain tops, radio frequencies and Dispatch Center CAD systems to integrate the Elko County Fire Protection District into CDAA (Central Dispatch Authority). Cash Minot stated this was the RFP to bring all the mountain tops into compliance, get radio frequencies and get all the run cards up at Dispatch. MOTION: Commissioner Guttry moved to approve Notice 43-2014 and direct staff to go out to Request for Proposals for the necessary upgrades to the mountain tops, radio frequencies and Dispatch Center CAD systems to integrate the Elko County Fire Protection ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 7
District into the Central Dispatch Authority. Commissioners Williams and Dahl seconded the motion. Cash Minor stated they would award the contract on the 18th of November. The motion was passed unanimously.
B. Discussion and consideration of approval of a contract for architect services for the building of a vehicle maintenance building for the Fire District in the amount of $30,500. The 1,600 square foot building will be located adjacent to the existing County Road and Fire District facilities in Elko. Randy Brown stated this was a request for design of the building. Commissioner Myers inquired which fund this would come from. Cash Minor stated $300,000 was budgeted for the building. MOTION: Commissioner Dahl moved to approve a contract for architect services for the building of a vehicle maintenance building for the Fire District in the amount of $30,500. Commissioner Williams seconded the motion. The motion passed unanimously.
C. Discussion and consideration of agreement for consulting services with Communication Design & Planning for project management of radio system upgrades project totaling $23,000 for project term. Cash Minor stated this was a consulting agreement to manage the RFP they just approved in item A. MOTION: Commissioner Dahl moved to approve an agreement for consulting services with Communication Design & Planning for project management of radio system upgrades project totaling $23,000 for project term. Commissioner Williams seconded the motion. Dale Scott, of Sierra Electronics, stated they were not involved in this process and inquired if they would have an opportunity to bid in the future. Cash Minor explained Communication Design and Planning had been involved with this radio system when they first started the 800 MHz so they continued with them. He stated this was not over $25,000 so they don’t have to go out for bids or quotes. The motion passed unanimously. Kristin McQueary stated Mr. Scott can look at the Requests for Proposals under agenda item A. Commissioner Guttry inquired if the architectural contractor issue had been before the Board previously.
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Randy Brown stated it had been on a previous agenda and was tabled until they could discuss this with the City of Elko. He stated there was no RFP. Commissioner Guttry inquired if Lombard-Conrad was doing this work. Randy Brown replied in the affirmative. Commissioner Guttry inquired if they would need approval under the SOQ list. Randy Brown stated they selected from that Statement of Qualification list because they had verified the peoples’ qualifications on the list.
2:38:57 PM: VI. FISCAL AFFAIRS: A. Discussion and consideration of repayment of the Fiscal Years 2002 through 2013 Indigent Health One Cent Ad Valorem Tax to the State with quarterly payments over the next four (4) years starting with the first quarter of state fiscal year 2015. Cash Minor reported that for a period of 10 years the County and the State dropped the payments that have to go to the supplemental Indigent Health Fund. He said the State notified the County that they have to take the 1% of assessed tax value out and the County proposed this repayment plan which the State accepted. Commissioner Guttry noted there was no interest incurred. MOTION: Commissioner Guttry moved to approve the staffs’ repayment plan for the Indigent Health Care One Cent Ad valorem Tax payment to the State with quarterly payments over the next years. Commissioner Williams seconded the motion. Commissioner Williams inquired about the repayment amounts. Cash Minor stated this was not within the present budget but they could work this into next year’s budget. The motion passed unanimously.
B. Review and consideration of approval of the labor contract with the Chief Deputy Public Lawyer’s Association for years July 1, 2011 through June 30, 2016. Cash Minor said this was the last labor contract for the County to complete and it was a five year contract. He stated the fiscal cost of this contract over was $39,600 over five years but with the wage and PERs increases it averaged $45,000 over the 5 years. MOTION: Commissioner Williams moved to approve the labor contract with the Chief Deputy Public Lawyer’s Association for years July 1, 2011 through June 30, 2016. Commissioner Guttry seconded the motion. The motion passed unanimously. ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 9
2:42:41 PM: VII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes had spoken to the Governor’s Chief of Staff about the vacancy created with the loss of Grant Gerber and the Governor’s Office asked that the County participate in the process. The advertisement begins on Saturday and for two weeks they would accept applications at the Manager’s Office. The application can be found on the County website. Robert Stokes stated they have to ensure that the candidates live in District 5, that they were registered as Republicans and were qualified electors. He stated on the first Wednesday in December the candidates would meet with the Commission and then the Commission would forward their recommendations to the Governor’s Office. Robert Stokes stated in the past the Governor’s Office requested three candidates. He would send out a press release to describe the process. Kristin McQueary noted they would be talking about individual people under the Open Meeting Law so they would have the candidates sign a waiver in order to discuss the position. Robert Stokes reviewed the procedure when Commissioner Guttry was appointed by the Governor previously. He stated each candidate would be given the ability to speak to the Commission. Robert Stokes would discuss what questions the Commission would be able to ask the candidates with the HR Director. The Board discussed ranking the candidates in sending their recommendation to the Governor’s Office. Kristin McQueary noted the Commissioner meetings were video tapped and the Governor could review the tape. Commissioner Guttry stated the Humboldt River Basin Water Authority was concerned about the base flow of the river and how much water there was during the dry season. He stated there was a decrease in water flow since 1989. Commissioner Guttry stated there was a workshop in Winnemucca about the base flow data with a lot of hydrologists and the State Engineer’s Office attending. He stated Rock Creek which was located northeast of Battle Mountain has not been running into the Humboldt for three years. He stated the Humboldt River increases until it hits Palisades and then it decreased. Commissioner Guttry commented Pershing County received no water at all and last year received 25% of their allotment so there was no irrigation from the Humboldt River. Commissioner Guttry stated most of the flows came from South Fork and through the Lamoille Creek. He noted everything north of Interstate 80 such as the Mary’s River and Jarbidge barely contributed to the Humboldt River flow last year. Commissioner Williams inquired if they were concerned about the drawdown of the water table because of the mining activities. ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 10
Commissioner Guttry stated that was discussed but mining companies re- inject the water they use or dewater with but it could be a contributing factor. Commissioner William had heard that when they try to re-inject the water it doesn’t always work. Commissioner Guttry said Jason King and the State Engineer’s Office was really concerned about the water shortage because it may change the Water Law. Commissioner Williams inquired if there was concern about the oil drilling impact upon the ranchers and the water level. Commissioner Guttry replied no. Commissioner Dahl stated that was a concern for Quinn River. Commissioner Guttry had submitted a copy of the drainage map for water coming into the Humboldt River. He stated Elko County has 65% of the water rights on the Humboldt River and the other rights were divided between Humboldt, Lander, Eureka and Pershing Counties. He commented there was a conversation of willows sucking up the water. He stated the water flow going from the Palisades to Imlay decreases and the water gauges had documented that. He stated none of the water was reaching the Rye Patch Reservoir. Commissioner Guttry stated since 1989 the flow gauges at Imlay have recorded several no flow days and there was an increase of no flow days. He stated they believe pumping in or around the Humboldt River for ground water had an impact. He noted, in Pershing County, Lovelock had senior water rights over the Humboldt River surface water. He stated they were concerned that the underground pumping was impacting the surface water flow. Commissioner Guttry stated the Winnemucca Farms pump a lot of water for their farms but they do not know if there was a connection with the Humboldt River flow. He noted the City of Elko had several wells close to the Humboldt River also. Commissioner Dahl stated they have discussed the nexus between surface water and the underground water for years. He commented if the State Engineer has to make a decision about what the impact was they would have to consider the amount of water that was being pumped out of the Boulder Basin. He noted the TS Ranch, as well as the Winnemucca Farms and people in Paradise Valley were pumping underground water and they questioned if it had impacted the surface water flow because the flow had decreased since 1989. Commissioner Dahl stated the farmers want the State Engineer to shut down the junior water rights because they were not receiving the surface water to irrigate. He noted people in Winnemucca would oppose that action because if they start shutting down the water wells it would impact the economy of Humboldt County. Commissioner Dahl stated the banks of the river act as storage for the water so that was why it was so important for the whole system that it be allowed to flood.
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He noted the users below the South Fork Dam were concerned about the flooding because there would be no recharge so that was why what water comes into the dam, goes out. Commissioner Williams inquired if they find a tie between surface and underground water and start to cut junior water rights would they cut off water rights to existing homes in the subdivisions that were allocated 2 acre feet of water rights to every lot. Commissioner Dahl noted Diamond Valley was 300% over obligated and if they cut the junior water rights they would start cutting there. Commissioner Guttry noted Jason King was asked that question. He noted Jason King said they could ultimately take away the junior underground water rights and start shutting down the wells. Randy Brown stated for each of those lots created it was an implied use so the actual acre feet of water allowed was 2 acre feet per year on a domestic well but it was not certificated. He stated there was no way to take that away except through a government taking under the fourteenth Amendment. He stated a certificated water right could be taken away easily. He had talked to the State Engineer about trading water credits for those lots by eliminating those lots but those lots were not certificated so they were not recognized. Commissioner Guttry displayed a map which showed the allocation for the entire basin. He stated it gave how much was available, how much recharge and how much it was over allocated. He noted there were no meters on the older irrigations wells so one of the plans was to make every one of the irrigation wells come into compliance with a meter to know how much water was available. Commissioner Dahl stated the problem was the nexus between surface and groundwater. He stated a lot of the water that comes from Boulder Creek through Starr Valley had 1866 water rights on the fields and they can regulate the water but if they say there was a nexus between surface and groundwater then it would be the groundwater holders and the recent water right holders that would suffer. Commissioner Williams commented the City sits on 29,000 acre feet of water and if it was a junior water right then there would be no growth in the City. Kristin McQueary stated David Gamble, Senior Judge, said to say hello to the Elko County Commission. Commissioner Dahl commended Sr. Judge Gamble.
3:09:11 PM: VIII. COMMENTS BY THE GENERAL PUBLIC: Commissioner Guttry acknowledged that Bill Bauer was present. Ken Wiley, Eagle Communications, stated he maintained the Central Dispatch. He stated the problem they were having was with the way the communication lines come in along against the airport. He stated there was
ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 6, 2014 PAGE 12 supposed to be a loop there but it was a weak point. Ken Wiley stated a portion of the problem was when the traffic was interrupted they have no true or tested rerouting coming back in from Frontier Communications; it was redundancy. Ken Wiley said the only time they know about it was when it fades and the dispatchers get called on their cell phones that no one was picking up at the 911 center. He believed the problem was the infrastructure within the City. He stated they only have one service provider which was Frontier Communications and they have had a reduction in employees every year. He noted the length of time to get circuits in to the businesses in town. Ken Wiley suggested in the letter to the PUC they should address the 911 centers having the ability to test the 911 systems and have backup redundancy. Commissioner Myers inquired who was responsible for approving the franchise for Frontier Communications. Cash Minor stated there was no franchise. Commissioner Dahl was told Frontier was cutting back because everyone has cell phones. He noted the Verizon tower could be seen from his window but half the time the cell phone does not work. Ken Wiley stated the cellular infrastructure in different sites around the town was dependent upon the same traffic as the 911 Center so when that goes down then the cells lose parts of their communications. Ken Wiley stated with cell phones there was no copper lines coming in so no one was paying for the infrastructure anymore. Ken Wiley stated Frontier Communications probably was not collecting sufficient funding to keep the infrastructure going. He noted now fiber was being installed and they ignore the existing copper wire in the ground.
3:16:55 PM: IX. ADJOURNMENT:
MOTION: Commissioner Williams moved to adjourn until Monday, the 10th of November. The motion was not seconded. The motion died due to lack of a second. There being no further business to come before the Board, the meeting was adjourned at 3:16 p.m. by the Chairman.
APPROVED,
CHARLIE MYERS, Chair
ATTEST:
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MARILYN TIPTON, Deputy Clerk
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