Elko County Board of Commissioners

Commissioners

Sheri Eklund-Brown

John Ellison

Charlie Myers

Mike Nannini

Warren Russell Elko County Manager Robert K. Stokes

STATE OF NEVADA, )

COUNTY OF ELKO. ) ss. AUGUST 1, 2007

The Board of Elko County Commissioners met on Wednesday, August 1, 2007, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners John Ellison, Chair

Mike Nannini

Charlie Myers

Sheri Eklund-Brown

Warren Russell

Elko Co. Manager Robert Stokes

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Sheriff Dale Lotspeich

Undersheriff Rocky Gonzalez

Planning & Zoning Dir. Randy Brown

Public Works Dir. Lynn Forsberg

NDF Tom Turk

Forest Service Dan Dallas

BLM Gene Seidlitz

- - -

The proceedings were as follows:

CALL TO ORDER:

Chairman Ellison called the meeting to order at 1:31 p.m.

PLEDGE OF ALLEGIANCE:

Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance.

I. COMMENTS BY THE GENERAL PUBLIC:

Ken Miller introduced himself as the new BLM District Field Manager for the Elko District. He hoped to continue with the good relationship between the County and the BLM which had been established through Helen Hankins and her staff.

II. PLAQUE OF APPRECIATION:

Discussion and consideration of approval of a Plaque of Appreciation to Dan Dallas in appreciation of his years of service as the USFS Mountain City District Ranger. Elko County has enjoyed a very good working relationship with Dan and appreciates his professional and cooperative attitude as various public land management issues have come before the County and the Forest Service. Elko County wishes Dan well as he begins his new position as the Rio Grande National Forest Supervisor in Monte Vista, Colorado.

MOTION: Commissioner Myers moved to approve a Plaque of Appreciation to Dan Dallas. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Commissioners Nannini and Eklund-Brown presented the plaque to Dan Dallas on behalf of the Board. The individual Commissioners presented humorous going-away gifts to Dan. Dan Dallas commented upon their good working relationship. He complimented Katherine, his wife, for her support of him and the community. He noted that she was a Spring Creek Special Ed., teacher and coordinator. Dan Dallas stated Gary Bishop, of Pocatello, was working here during the fire season as Fire Management Officer. Dan Dallas stated that he appreciated Gary’s help. He expressed his appreciation to the Board Members for their trust and support. He commented that he was on the phone to Commissioner Nannini at the 4-Way one time talking to Senators, etc., to resolve the Jarbidge matter. He noted that almost every day he had conversations with Robert Stokes and thanked Rob for his support.

Commissioner Myers departed from the meeting room to meet the Governor who would be receiving the latest fire updates.

III. 2007 WILDFIRE SEASON:

Discussion, update and consideration of events related to the 2007 Wildfire Season and associated impacts to the local culture, economy, and environment. Discussion to include options and ideas from various land and resource management agencies and organizations to address range and habitat rehabilitation actions in order to mitigate the destruction caused by the 2006 and 2007 Wildfire Seasons. With conditions still primed for wildfire activity, Elko County strongly encourages vigilance by citizens concerning the potential wildfire outbreaks.

Dan Dallas, Mountain City District Ranger, submitted a written wildfire briefing that they would give to Governor Gibbons. He commented that their spread sheet kept the legislature informed on how much funding was spent on wildfire suppression which was approximately sixteen million dollars. He noted this did not include the Murphy Complex which was still burning. He reviewed the map showing the 2007 fires and the other polygons which were burned in prior years. He commented that there had been a huge amount of acreage that had burned in Elko County over the past several years. Dan Dallas stated the larger fires were being worked on by the larger management agencies. He noted that most of the initial starts were put out by the volunteer fire departments and other volunteers. He stated their report showed the people that have assisted them in their firefighting efforts.

Dan Dallas acknowledged that the Commissioners attended the MAC meetings and viewed the actual fires. He stated most of the Type 1 teams had been replaced with other Type II management teams. He thanked the Commissioners for their help. He stated most of the big fires were now under control.

Commissioner Russell noted that some of those dollars for resources to fight fires have been taken away. He voiced concern that there may not be sufficient funding for resources budgeted during the last month and one-half left in fire season. He inquired if there would also be sufficient resources budgeted for broken equipment, etc. Dan Dallas stated he could not guarantee that but all of their initial attack resources were back and refurbished. He noted when there were 1,200 lightning strikes in one evening; it would overwhelm anyone’s capacity. He commented upon the intense efforts to extinguish the known 62 fires. Commissioner Ellison inquired about containment of the Murphy Complex fire. Dan Dallas stated it was contained now and they would decide how to control it. Commissioner Russell inquired about the containment of the fire on the East side of Jackpot. Dan Dallas stated both fires were either in control status or they have a small incident team on it. Commissioner Eklund-Brown inquired if Elko County was over one million acres already. Dan Dallas stated the Murphy Complex was included in that summary so Elko County wasn’t quite a million acres but they were above the acreage recorded at the same time last year.

Dan Dallas stated there was a national Burned Area Emergency Rehabilitation (BAER) team on the Mountain City fire. He stated they were working with the agencies to get the area proper rehabilitation. He believed the fire impacts would last for years. Commissioner Russell noted not everything was rehabilitated last year and now they have bigger burden with the acreage burned this year. Commissioner Ellison stated the Commission took an aggressive approach to address the funding not only through the agencies but also through the private sector. Commissioner Ellison noted that they did get language in the Federal Register in 2006 and hoped they could roll that over to FY 2007. Dan Dallas felt the fires had Congressional attention and the Associated Press had quoted the entire Governor’s and the Congressional Delegation’s concerns about the fires. Commissioner Eklund-Brown commented that last year it was over 9 million acres nationally and Elko County had 10% of that acreage.

Joe Aguirre stated that last year the Tax Commission approved tax breaks for private property affected by the fires. He stated that last year no one applied for the tax break. He stated there were fourteen classifications on land with the minimum amount of value being at $1.25 per acre. They were told they could put any land damaged by fire at the $1.25 per acre.

Commissioner Ellison noted that the Mori Ranch was the worst ranch hit last year. He commented that the federal agency denied the Mori’s claims. He noted that on public land it took 3 years for them to be able to graze livestock after the fire. He inquired if the tax reduction would apply to those 3 years or only in the year for which the rancher applied. Joe Aguirre stated that the Tax Commission put no limit on the time period. He commented that his ranch appraiser got around every five years. He believed that his appraiser could check the land that was reduced due to fire. Commissioner Ellison stated they would try to get the word out to the ranchers. Commissioner Eklund-Brown inquired about the normal tax rate on agricultural land and Joe Aguirre replied $175.00 maximum with the minimum being $1.25 per acre. He noted that land around the house was appraised at $700.00 per acre for the homestead.

IV. LIBRARY BOARD OF TRUSTEES/ LAW 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.

Robert Stokes stated that there would be no report. Commissioner Ellison commented that they had received a written report.

V. CARLIN JUSTICE COURT:

Discussion and consideration of the appointment of an individual as the replacement for the vacancy created by the retirement of Barbara J. Nethery, long time Carlin Justice Court Judge. The Commission may take action at this meeting or defer action until another meeting for further review and deliberation.

Robert Stokes stated that Commissioner Myers had asked that they wait to make the decision after he had returned to the meeting room on this agenda item. Commissioner Ellison wished to form a committee to review the candidates and then make a recommendation back to the Board.

Robert Stokes reviewed the candidates that had applied as follows: Kathie Christensen, Teri Feasel, James Dickey, Mark Clough, Heather Trujillo, Dorothy Jones, and Thomas Bingaman.

Commissioner Eklund-Brown disclosed that Dorothy Jones had been married to her Uncle, who had passed away in the 1970’s. She noted that Kristin McQueary had asked her to disclose this information. She stated there would be no pecuniary interest and she felt she could make a fair, objective decision on this issue.

Commissioner Russell inquired if the duties of the Justice of Peace for Carlin could be postponed for two weeks. Robert Stokes noted on Monday, Barbara Nethery had received Senior Judge Status from the Nevada Supreme Court. Therefore, through the month of August Judge Nethery could take care of Carlin Court issues on an as needed basis. Commissioner Nannini noted that the Commissioners would be traveling on the mid-month meeting. Robert Stokes noted it would be postponed to the 5th of September. Commissioner Russell inquired if they would accept additional applicants. The Board members believed that the application deadline was closed at this time. Commissioner Ellison noted Commissioner Myers wished to sit upon that committee. Commissioner Eklund-Brown volunteered to sit upon the committee. Commissioner Ellison stated that Robert Stokes would also sit upon that committee. Robert Stokes noted that the Carlin City Charter stated that whoever sat as the Justice Peace also sat as the Municipal Judge.

William Kohbarger, Carlin City Manager, stated the City Council was comfortable that the County Commission would make the decision. Commission Ellison asked who he would recommend to sit on the review committee as the Carlin representative. William Kohbarger agreed to sit upon the committee if the City Council was comfortable with that. Commissioner Ellison asked that Robert Stokes schedule a meeting of the committee prior to the Commission’s September 5th meeting.

MOTION: Commissioner Eklund-Brown moved to form a committee to meet the applicants for the Carlin Justice Court Judge position, and appoint herself, Commissioner Myers and staff to that committee.

Commissioner Russell requested that she amend her motion to include the committee would bring their recommendation back to the full Commission.

Commissioner Eklund-Brown amended her motion to include bringing their recommendation to the full Board. Commissioner Russell seconded the motion.

Commissioner Ellison asked Commissioner Nannini to be alternate on that committee.

The motion was passed unanimously.

VI. ELKO COUNTY TREASURER’S OFFICE:

Discussion and consideration of authorization to strike assessments on the 2006/2007 Delinquent Tax Roll as uncollectible as recommended by the Elko County Treasurer’s Office.

Rebecca Erickson, County Treasurer, stated this was an annual process. She stated there was attached a report with the amendments to the tax roll.

MOTION: Commissioner Russell moved to authorize the amendments as brought before the Commission on the 2006/2007 Delinquent Tax Roll as uncollectible. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

VII. TOWN OF JACKPOT:

Chairman Ellison called the Jackpot Town Board to order at 2:00 p.m. and adjourned the meeting at 2:10 p.m.

X. ELKO COUNTY PLANNING AND ZONING DIVISION:

A. Discussion and consideration of the approval of a Roadway Dedication of Stageline Loop located in Sec. 23, T.36 N, R.54 E., M.D.B. &M.

Commissioner Eklund-Brown understood that this was coming before the Commission for dedication as the roadway was being built out.

Peggy Pierce-Fitzgerald stated that Randy Brown had requested her to be present and left the Board know that staff recommended public dedication of the roadway for public access but not for maintenance. Robert Stokes noted this had been an ongoing project. Commissioner Ellison inquired about the location and was told it was off of the Mountain City Highway past Adobe Summit.

MOTION: Commissioner Eklund-Brown moved to approve the roadway dedication of Stageline Loop located in Sec. 23, T.36 N, R. 54E., M.D.B.&M., for public use but not for maintenance. Commissioner Nannini seconded the motion. The motion was passed unanimously.

B. Discussion and consideration of the approval of a request for the wavier of the Parcel Map requirement of County Code, 5-2-1 through 5-2-16 on a parcel map of land to be donated to Elko County by Barrick Mining for a solid waste transfer site in Midas, Nevada.

Robert Stokes stated this was for the property donated by Barrick Mining for the waste station.

MOTION: Commissioner Eklund-Brown moved to waive the Parcel Map requirement of County Code 5-2-1 through 5-2-16 for the land to be donated to Elko County by Barrick Mining for a solid waste transfer site in Midas, Nevada. Commissioner Russell second the motion. The motion was passed unanimously.

Commissioner Ellison requested a letter of appreciation be sent to Barrick Mining. Commissioner Eklund-Brown inquired if they had performed a survey. Lynn Forsberg stated the survey had been completed. Commissioner Eklund-Brown inquired if the CDBG Grant would cover this waste site also. Lynn Forsberg stated this was their in-kind match for the grant. He stated this was the old Midas dump site.

C. Discussion and consideration of the impacts of SB 275 that makes various changes relating to underground water including Division of Water Resources Parcel Map Approval and other changes concerning Domestic Wells and all other mattes related, thereto.