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 17, 2007

The Board of Elko County Commissioners met on Friday, August 17, 2007, at 11:30 a.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners John Ellison, Chair

ABSENT Mike Nannini

Charlie Myers

Sheri Eklund-Brown

Warren Russell

Elko Co. Manager Robert Stokes

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

CFO/Ast. Co. Mgr. Cash Minor

Road Supervisor Otis Tipton

Elko Asst. City Mgr. Delmo Andreozzi

Public Works Dir. Dennis Strickland

Elko School Dist. Jeff Zander

Elko School Dist. Bob Gallagher

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The proceedings were as follows:

CALL TO ORDER:

Chairman Ellison called the meeting to order at 11:30 a.m.

He noted for the record that Commissioner Nannini was not present today.

I. MONTROSE ROAD SAFETY ISSUE CONCERNS:

Discussion and consideration of issues related to school student pedestrian safety and the potential of increased vehicle traffic flow in the Montrose Road area associated with the opening of the new Junior High School on Jennings Way. Possible actions for improved safety may include consideration of a temporary restriction of vehicle traffic and/or temporary road closure until road improvements can be accomplished on the roadway within the next 60 to 90 days. The Elko County School District, the City of Elko, and Elko County are working together to enhance student safety in the area.

Robert Stokes noted that Assemblyman Carpenter had attended the Elko City Council Meeting regarding the School Board installing the crash gate on Montrose Lane. He noted the County Commission had previously reviewed the issue of the installation of the crash gate and expressed their support of it on the City side. He stated it has been identified that there was a potential for more traffic on Montrose Lane. He noted that Montrose Lane was an unimproved dirt road and was not a current collector-type road. He stated the City, County and the School District were working together to make improvements. Pursuant to engineering design, they had decided to put a chip seal on the road to make the road similar to the Spring Creek roads. Robert Stokes noted that Assemblyman Carpenter was concerned about the Junior High Students walking on Montrose Lane with the possibility of increased traffic even with the crash gate. They felt there might be an increase of traffic upon Wright Way and from other areas of Elko in the vicinity of the School. Commissioner Ellison inquired what the traffic count was. Robert Stokes replied he did not have the traffic count and did not know what the maintenance was on that road. Commissioner Myers noted there was more traffic on it since Home Depot went into the neighborhood. Robert Stokes commented that the Commission approved the City putting in the crash gate for interface with subdivision. He noted that there was a County island within the City of Elko. Commissioner Ellison inquired if the road was closed because of that crash gate. Robert Stokes noted traffic could come from Wright Way onto Montrose Lane. He stated meetings were held yesterday with some of the personnel from the City and the County and the engineering design on a portion of Montrose Lane would be available soon. He stated once the engineering had been done, the County and the City would join to do the actual work on site. He believed it would probably be mid October before they could do the work on that side. Commissioner Ellison inquired about Wright Way being dirt and the kids’ access by foot. Commissioner Myers stated the problem was the traffic. Commissioner Eklund-Brown noted that they still would be able to access Montrose Lane from different areas. Otis Tipton stated that the road past the Mendives where they go back into the City was not a road. He stated that the City had bladed it as a firebreak and the people have used the firebreak as a road. Otis Tipton stated that the County was not blocking the roads, the roads were still accessible from a different direction. Commissioner Eklund-Brown noted that Montrose Lane would be blocked at the “T”. Robert Stokes stated he and Commissioner Myers had met with John Carpenter. He stated that Assemblyman Carpenter had asked the County to do a temporary closure on Wright Way by the red house. Robert Stokes stated that gate should not restrict any driveway access. He felt the residents should comment on this proposal. He stated until the roadway was improved the crash gate should make it safer for students walking to that facility. Commissioner Eklund-Brown questioned whether it would be safer for the kids if they improve the road because the kids would be still walking to school. Robert Stokes commented that portions of the road was like a washboard now. Commissioner Eklund-Brown stated if it remained unimproved, the traffic would travel slower.

Dennis Strickland stated they had spoken to the homeowners and the intent was to limit traffic on the road. He stated the goal was to improve Montrose Lane. He stated the vehicles do not travel it slow now. They intended to widen Montrose Lane and provide an area to have a separation from the pedestrians and vehicles. He stated it would be built to sub-grade standard and then they would build sidewalks, curb and gutter in the future but for now their intent was to widen it and have dust abatement.

Wes Walker stated he lived right off of the cattleguard. He felt that the biggest problem was the speed on the road. He noted the kids and adults drove about 70 mph. He stated while they were having the discussion at the cattle guard; they had approximately 30 cars pass them within 20 minutes. He believed that was because of the school being there. He stated if they blocked off that cattleguard they would see some people come from the eastern part of Elko but most of them would use LaNae.

Kristin McQueary arrived at 11:42 p.m.

Wes Walker believed they should put up a gate at the end where the red topped house was located because people would make it a road. He suggested a fence to cut off the access. He stated by putting in the gate at the cattleguard; it would reduce the traffic. Commissioner Myers felt pulling the cattleguard would not fix the problem. He noted that there would be a new subdivision and felt people would use the new subdivision road. He stated there was a stake by Mr. Walker’s residence that said city limits. Commissioner Myers stated they were looking at putting the gate on the other side of Wright Way towards the school. He noted that there were two dirt road accesses to Montrose lane.

Kristin McQueary noted that she was late for the meeting. In contemplating the fact of this emergency meeting this morning, she did not believe the County Commission had grounds to hold an emergency hearing. She stated access issues for the new school were not an unexpected, unforeseen circumstance. She suggested they schedule this for a regular meeting. Kristin McQueary commented that the Commission had taken prior action to improve Montrose Lane. She stated that this had been an issue for two years and inquired what had changed up to now. She noted this was an issue but it was not an emergency under statutory definition. Commissioner Ellison inquired if the Chairman and Vice Chairman of the Road Department could do what needed to be done and bring it back for ratification at the next meeting. Kristin McQueary felt the Commission had already taken action to work with the City and School District. She felt that any other action should be on an agenda. Commissioner Myers stated that the action they took at the meeting was in support of the City closing the access. He stated that decision was based on information that it would be for the safety of the kids. He stated after seeing the development of the subdivision since the initial approval of the crash gate; there were additional accesses being used from Wright Way and Burgess Lane so their previous action did not eliminate the safety issue. He did not know if it constituted an emergency but the action they took was not a solution to the issue now. Kristin McQueary commented that her child was going to that school and she had been to the location. She did not believe the position of the crash gate would stop people from using Wright Way. She stated they could also come down through Jennings Way. She stated her personal opinion, as a mother, was there should be sidewalks placed on Montrose Lane for pedestrian access. She stated legally they were painting themselves into a corner if they took action at this meeting; other than treating this as a workshop because this issue was not unforeseen.

The meeting was being considered as a workshop from this moment on.

Commissioner Russell suggested they look at outside Commission activities for a solution. He stated putting in a sub-base or widening the road may be some additional improvement in the future. He inquired what the City and the School District were looking at. He inquired if they could give direction through the Road Department to blade and widen the road. Commissioner Russell felt that would be the first step of improving the road. Commissioner Myers suggested they hear from Otis Tipton first. Commissioner Russell stated that putting in sidewalks would not solve the speeding problem. He noted they could give direction to the Road Department rather than take action at this meeting. Commissioner Eklund-Brown inquired what the speed limit was in that area. Kristin McQueary stated the default speed limit for the County was 35 mph. She noted the School District did have a set speed limit. Kristin McQueary commented that part of the problem was this was an island of County surrounded by the City.

Dennis White stated he lived on Freeport Avenue across from Wes and Tracy Walker. He stated that those who do not live there could not make judgments on what actually happens. He stated that Wes and Tracy were probably the most impacted people on that intersection. He commented that Montrose Lane was a forgotten entity. He had been there for 5 years and wanted to bring it to light for the past two years. Dennis White stated the neighbors felt it needed to be done but unfortunately in the School design it was not addressed so shame on the School District, and shame on the City and the County. He stated from his back deck they could see cars traveling at high speeds and it was only a one drivable lane with pedestrians walking on it. Dennis White commented that the road was in bad condition with a one-lane cattleguard. He noted that cattleguard had the traffic bottled up at certain times. He had observed youngsters jumping the narrow cattleguard. Dennis White stated Wright Way was not a true road. He commented that it was not maintained by anybody past the Walker’s residence and was terrible to drive in the winter. He stated Wright Way was not engineered. He believed that Montrose Lane was the closest road to be engineered. He felt the crash gate was a temporary closure for him and his neighbors. Dennis White stated he was informed that governmental entities do not put in infrastructure; the developers put in the improvements. He stated this seemed to slip through everyone’s grasp and Montrose Lane had been ignored. He had a problem with access to the School on a one lane, dirt road for a lot of kids. He stated the Saturday traffic and nighttime traffic did not stop so there were dust mitigation issues too. He noted there were EPA standards for the dust. He stressed that Montrose Lane needed to be finished, and he had no problem with Montrose being finished to the city level discussed. Dennis White stated the gate they had previously discussed was Rolling Hills Drive. He believed the developer had cut it for access. He stated if a gate was put up by the Mendive’s home it would alleviate the Mendive’s concern about their own safety. He noted the bureaucracy kept going. He was told there would be flyers put out by the School District showing a map for the children’s’ drop off but he had not received any flyers on that. Commissioner Russell noted that Randy Brown, Director of Planning and Zoning had made recommendations to the City, County and the School District two years ago. He stated that government worked slowly and these problems were not resolved before the School was to be opened. He noted the grounds for this meeting were questionable so they would not vote on the issue brought before this meeting. He believed on the 5th of September, this could legally be addressed. He stated that this did not stop the City from taking action on the City property.

Dennis White did not want to see the need for an emergency when one of the children were run over. Commissioner Russell assured him that the County was trying to anticipate problems. However, it was not dealt with prior to construction of the school. Commissioner Eklund-Brown commented that they could hold a special meeting with a three day notice.

Commissioner Ellison stated when subdivisions were put in; the County did not maintain the roads. He noted that Montrose Lane was in limbo. Robert Stokes stated that it was complicated because there were different entities involved. He stated this road was not platted out. Dennis White stated there was an Ordinance on the City books that stated they could not make a residence an island when facing two streets. He noted on North Fifth Street they had a subdivision go in and some houses were bought which backed up to Fifth Street. Dennis White noted the developer took care of a privacy fence, curb and gutter. He commented that Wright Way, based on that Ordinance, could not be a road. He stated technically it did not exist but people were using it as a short cut. He stated that should not have been developed as an access. Commissioner Myers noted that it was named as a street. Dennis White stated they could not be forced to have another street.