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. MAY 16, 2007

The Board of Elko County Commissioners met on Wednesday, May 16, 2007, at 12:30 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

CFO – Asst. Co. Manager Cash Minor

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Sheriff’s Dept. Doug Gailey

Planning & Zoning Dir. Randy Brown

Road Supervisor Otis Tipton

Juvenile Probation Michael Pedersen

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The proceedings were as follows:

CALL TO ORDER:

Chairman Ellison called the meeting to order at 12:34 p.m.

PLEDGE OF ALLEGIANCE:

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

I. COMMENTS BY THE GENERAL PUBLIC:

No public comments were submitted.

II. NEWMONT MINING CORPORATION:

Presentation by Mary Korpi, Newmont Mining Corporation, regarding Newmont’s contribution to help publish and distribute a book by Dana R. Bennett celebrating the first 100 years of the Midas Community in western Elko County, entitled, A CENTURY OF ENTHUSIAMS, MIDAS, NEVADA 1907-2007.

Mary Korpi commented that Dana Bennett’s family resided in Midas and she had met a person who had been raised in that community. She stated Dana wrote her first book in 1996 and was approached for a sequel. Mary Korpi noted Dana had approached Newmont for the cost of publishing the book and the proceeds of the book would go to the Friends of Midas to preserve the history of Midas. She stated that Dana had donated her time for taking on this sequel. She noted that the Commissioners were supportive of Midas and presented them a copy of the book. She stated Dana would be in Midas over the 4th of July. Mary Korpi reported that the books had been donated to the libraries and the museums. She believed that they would sell the books at local bookstores.

III. BUSINESS LEADERS FOR DRUG FREE COMMUNITIES:

Presentation by Rhonda Zuraff, Elko Daily Free Press Publisher and member of the Business Leaders for Drug Free Communities group, on activities and issues by the group including a county-wide youth art contest plan focusing on methamphetamine prevention in our communities.

Commissioner Ellison reported that he had received a call from NACO who informed him that Rhonda Zuraff’s legislative presentation was great. Rhonda Zuraff stated they have been focusing on methamphetamine prevention education since last July. She asked for their support and ideas. Rhonda Zuraff announced that following today they would issue a press release about a collaborative effort against meth abuse in Elko County an as effort of their group. She informed them of their “Canvas the County” competition soliciting countywide art from grades 5 through 12 alerting the public to the dangers of meth use. She stated they would award prizes in excess of $2,500.00 and read a list of the contributors. She reviewed the contest details. She stated the businesses and public entities were interested in either using their fleet vehicles or building structures as a medium for these permanent or semi permanent signs. Rhonda Zuraff stated the message they sent to the legislature was that they could treat and law enforce their way until doomsday but they should start attacking the cause through prevention efforts. She noted that very little public or private funds have been established for prevention efforts in the past. Rhonda Zuraff felt legislative funding would pass for prevention. She believed the thirteen Pace Coalitions throughout the state may receive those funds. Rhonda Zuraff reported that Cathy McAdoo was attending a roundtable conference in Las Vegas tomorrow with the western Attorney Generals on collaboration of this issue with other western states. Rhonda Zuraff felt the other counties throughout the state would adopt this model and solicit their own artwork. Commissioner Russell stated he had heard where a city council or county commission had demonstrated their support by taking drug tests to demonstrate that they were drug free. He would approach this Commission to take the drug tests for support of her project. Rhonda Zuraff stated they would have a rotating display of the artwork from school to school throughout the County and at the fair. Commissioner Eklund-Brown inquired if they would see several pieces of this artwork or would they only select one of the designs. Ronda Zuraff stated they hoped to have several designs for display throughout the area.

IV. 2007 MOTORCYCLE AWARENESS MONTH PROCLAMATION:

Consideration of Proclamation 2007-L, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING THE MONTH OF MAY 2007 AS MOTORCYCLE AWARENESS MONTH.

MOTION: Commissioner Myers moved to adopt Proclamation 2007-L, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING THE MONTH OF MAY 2007 AS MOTORCYCLE AWARENESS MONTH. Commissioner Russell seconded the motion. The motion was passed unanimously.

Commissioner Myers read the proclamation into the record. He asked that the members of ABATE and POW/MIA accept the Proclamation.

John Bland of ABATE thanked the County Commissioners for their support and noted the Board Members encouraged personal rights.

Commissioner Eklund-Brown inquired about the drive through to Washington in support of the troops. Connie Campbell stated the Motorcycle Rider’s Foundation was based in Washington D.C., and Elko was chose to host the “Best in the West” 2007 conference. She stated that conference would be held at the Red Lion Inn & Casino June 22 through June 24, 2007. She stated many of the board members had never been to Elko before. She believed many members would come from all over the United States and Europe.

Les Brown, Commander for the POW/MIA, stated on Friday between 5:00 p.m. and 7:00 p.m., Tanya Montague would ride in from Sacramento to promote the Post Dramatic Stress Disorder Clinic (PDSD). He stated that 99% of the soldiers were coming home with some form of PDSD. Les Brown stated the cross country biker would ride to the wall in Washington D.C. to promote the clinic. He stated Harley Davidson in Folsom donated the motorcycle to her for this ride. He noted this was a large promotion. Les Brown noted Tanya had a disability which made it difficult for her to walk. Les Brown furnished copies of her website to spread the word of awareness. He noted this promotional was being done out of her own pocket. He stated they would solicit donations for her gas. He stated the Hilton Garden Inn would comp her room. They would try to get her to stop at the ABATE’s Ryndon Poker Run on Saturday. Commissioner Eklund-Brown noted that the local realtors had received an e-mail for their support.

V. 2007 CARLIN CITIZEN OF THE YEAR:

Consideration of Proclamation 2007-M entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS RECOGNIZING THE CARLIN CITIZEN OF THE YEAR FOR 2007.

MOTION: Commissioner Eklund-Brown moved to adopt Proclamation 2007-M, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS RECOGNIZING THE CARLIN CITIZEN OF THE YEAR FOR 2007. Commissioner Myers seconded the motion. The motion was passed unanimously.

Commissioner Ellison noted the Mayor of Carlin had invited the Board Members to the banquet for the presentation.

VI. ELKO COUNTY BUILDINGS AND GROUNDS DEPARTMENT:

A. Introduction of David Armuth, the new Buildings and Grounds Supervisor, to the County Commission.

Robert Stokes noted David Armuth had gone through the application process and the interview process. He reported that David Armuth started working for the County on Monday. David Armuth stated he was honored to have the job and would do it to the best of his ability.

B.  Discussion and consideration of approval of a Certificate of Appreciation to Lauri Brown, Buildings and Grounds Maintenance Worker, for her diligent work during the period between the retirement and the appointment of the Buildings and Grounds Supervisor position. Lauri has not been with the County very long but stepped up to the challenges in the Buildings and Grounds Department with an enthusiastic attitude during the transitional period for the Supervisor’s position.

Robert Stokes noted they don’t usually do this in the transition of a Department Head. However, Lauri was left by herself in a department that usually there were three people. He stated they received numerous compliments from various departments upon her work and positive attitude.

MOTION: Commissioner Nannini moved to approve the Certificate of Appreciation to Lauri Brown. Commissioner Russell seconded the motion. The motion was passed unanimously.

Carol Fosmo stated they had a token of their appreciation from the Clerk’s Office, the Assessor’s office and the staff in the Courthouse. She noted that when the air conditioning went out in the new courthouse Lauri Brown went above and beyond trying to keep them all cool. Lauri Brown stated she would continue to do her job.

VII. ELKO COUNTY PUBLIC WORKS DEPARTMENT:

Pilot Valley Solid Waste Disposal Facility Upgrade:

Pursuant to Notice No. 13-2007, INVITATION TO BID – Pilot Valley Solid Waste Disposal Facility Upgrade to make improvements to the disposal facility in Pilot Valley, bids were received and opened on May 15, 2007. Pursuant to bid review and tabulation results, consider awarding the bid to the lowest responsive/responsible bidder. This project is funded, in large part, by CDBG funding.

Lynn Forsberg reported that they received two bids Shelton’s with a base bid of $64,810 and Mach 4 Construction in the amount of $99,533.00.

MOTION: Commissioner Nannini moved to approve the bid from Shelton’s Construction in the amount of $64,810.00. Commissioner Myers seconded the motion.

Commissioner Ellison inquired if that was within budget and received an affirmative response.

The motion was passed unanimously.

Commissioner Nannini thanked Lynn Forsberg on the lengthy project.

Commissioner Eklund-Brown inquired where they would be going. Lynn Forsberg stated they had sufficient funding through grants to do Midas, Wells and also in Shanty Town.

VIII. ELKO COUNTY PLANNING AND ZONING DIVISION:

A. Appeal Hearing Request:

Discussion and consideration of setting a date for an Appeal Hearing as requested by Jan M. “Rocky” and Frances Rockwell regarding a denial by the Planning and Zoning Commission of a request for a fence height variance in the Lamoille area.

Robert Stokes recommended they hold the hearing on June 6, 2007 at 3:15 p.m.

MOTION: Commissioner Eklund-Brown moved to approve June 6th at 3:15 p.m., for the appeal hearing request from Jan and Frances Rockwell. Commissioner Nannini seconded the motion. The motion was passed unanimously.

B. Appeal Hearing Request:

Discussion and consideration of setting a date for an Appeal Hearing as requested by Jerry Carr Whitehead regarding a denial by the Planning and Zoning Division of a Alternative Compliance request with regard to a road right-of-way dedication on Clubine Road (CR 704) in the Lamoille area.

MOTION: Commissioner Nannini moved to approve June 6th at 3:00 p.m. for the appeal hearing requested by Jerry Whitehead. Commissioner Myers seconded the motion. The motion was passed unanimously.

IX. ELKO COUNTY WATER PLANNING COMMISSION:

Discussion and consideration of the final draft of the Elko County Water Plan that will be scheduled at a future meeting for a public hearing and all other matters related, thereto.

Randy Brown stated they had the final draft on the Water Plan. He stated they started with 600 pages of technical information and data and now they were at 90 pages of good information. He stated this Plan was developed from concise planning and structured to adapt. He noted it was a working plan. Randy Brown stated there was a list of recommendations and conclusions. He submitted copies of the plan on CDs to the Board Members and the Deputy Clerk. Randy Brown expressed appreciation to the Elko Water Planning Commission for their time and efforts on the development of this plan. He asked that the Board Members review the CD and within a month schedule a public hearing on this. He stated this plan would be on the website under the Planning Department under Master Plans. He stated there would be some changes to the CD. He needed a bio from Commissioners Ellison and Russell.

Commissioner Russell asked Randy Brown to inform the Board of the State’s review. Randy Brown noted they had sent the plan three times to the State Water Engineer. He reported that Ray David the State Water Planner had offered very few comments. They hoped to hear from the State Engineer’s Office soon but there had been very few recommendations for change previously.

Commissioner Eklund-Brown noted there was legislation in the session asking for approval of domestic wells and parcel maps. She inquired if they had an analysis on the basins in the Master Planning process and if they had an accumulative impact analysis. Randy Brown stated there was some state legislation but did not know if that water legislation had passed. He stated the legislation would require the State Engineer had to approve parcel maps. Randy Brown stated at this time there was no state review of the parcel maps. He believed this would cause a bottle neck in their subdivision or parceling process. He believed it would go from 30 days for approval to more than 180 days to get the State Engineer’s approval. He hoped that legislation was not passed. Randy Brown commented that there was legislation wherein they would require a 2.28 acre feet per parcel which was 1,800 gallons per day. He stated that Elko County was one of the five counties that did not have that requirement. He stated Elko County did not have enough parcels created on a yearly basis that they should have to designate that water for each parcel. Randy Brown commented it was an implied use, a domestic use, and people own the right to use it for domestic purposes. He stated that was the County’s philosophy and policy since he had been with the County. Randy Brown noted if the state legislation passed then that would be taken out of their hands and it would require every developer to apply for water rights which would slow down the subdivision process more. Commissioner Eklund-Brown noted that in the Spring Creek area they have maximum parceling according to the Master Plan for the water resources. She inquired what would happen if they went beyond that. Randy Brown stated Elko County took the position of pro-development. He stated if a person could develop land they would have to provide water in some way, shape, or form. He noted these basins were becoming more over developed but they were taking precautions within this Water Plan to insure their future by looking at adjacent basins that were not adjudicated or over allocated. Commissioner Eklund-Brown inquired if some of the water rights that they had applied for were to reserve water for those future uses. Randy Brown stated that was their sole purpose to keep those water rights within Elko County to provide for future development. Commissioner Russell stated the next planning meeting they would have a celebration after the vote on the plan. Commissioner Russell noted this meeting would have an agenda so there was not a conflict.