elko county board of commissioners

ELKO COUNTY COMMISSION REGULAR SESSION

AUGUST 5, 2015 PAGE 1

Elko County Board of Commissioners

Commissioners Delmo Andreozzi

Demar Dahl Cliff Eklund

Glen Guttry Rex Steninger

Elko County Manager

Robert K. Stokes

STATE OF NEVADA ) COUNTY OF ELKO ) ss. August 5, 2015 The Board of Elko County Commissioners met in regular session on Wednesday, August 5, 2015, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Demar Dahl Glen Guttry Delmo Andreozzi Cliff Eklund Rex Steninger CFO/Asst. County Mgr. Cash Minor

NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Sheriff James Pitts Library Director Jeanette Hammons Ambulance Director Chris Sloman Public Works Director Lynn Forsberg Planning and Zoning John Kingwell

Chairman Dahl called the meeting to order at 1:30 p.m. Cash Minor led the meeting participants in the Pledge of Allegiance.

1:30:02 PM: I. COMMENTS BY THE GENERAL PUBLIC: Ron Torell, Nevada Cattlemen’s Association President, announced Kaley Sproul was their new Executive Director but Kaley was unable to attend today due to flu. He presented a letter of recommendation for Wyatt Mesna to be appointed to the Elko County Wildlife Advisory Board position vacated by Tom

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 5, 2015 PAGE 2

Barnes. Ron Torell stated NCA believed that there was so much private ground that was important to the wildlife within the County so it was important to have a good spokesman sit upon that Wildlife Commission Advisory Board. Commissioner Dahl stated he had received several phone calls suggesting Wyatt to be appointed to that Advisory Board. Ron Torell noted the amount of resources issues within Elko County and most of the vast resources were upon private land because the earlier settlers settled upon the best ground with water and that was where most of the habitat was for the water, cover and feed. He believed sometimes the value of the private property and the private property rights gets lost in a State that was dominated by federal lands. Ron Torell stated they need to protect those private property rights and have a vocal say in those resources issues. 1: 32:54 PM: II. NEVADA OUTFITTERS AND GUIDES ASSOCIATION: 2015 Wounded Hero Elko Project: Discussion and consideration of the Nevada Outfitters & Guides Association’s 2015 Wounded Hero Elko Project including Proclamation 2015-K honoring the 2015 Recipient Chuck Mawhinney. Rachel Buzzetti, NOGA Secretary, reported this was their fifth annual project and the participants were the Winecup-Gamble Ranch, the Nevada Outfitters and Guides Association, and Leupold-Stevens. She stated the recipient was present today and tonight they would have a presentation at Gun World. She read the following paragraph from the NOGA newsletter: “This year’s wounded hero is Chuck Mawhinney military veteran from Baker City, Oregon. Chuck joined the USMC in October 1967 right out of high school. He attended Scout Sniper School at Camp Pendleton and graduated in April 1968. From there he received orders to Vietnam where upon arrival he was assigned as a rifleman to 1st Marine Division, 5th Marine Regiment, 1st Battalion Lima Company. He worked in this unit for 3 months and then worked as a scout sniper for different companies with the 1st, 2nd and 3rd battalions. The majority of his time was spent with the Delta Company where he served a 13 month tour with two back to back extensions. During his tour he is credited with 103 confirmed NVA-VC kills and 216 probables. Chuck has always credited the number of kills in Vietnam to the longevity of the time he was in the country, a target rich environment, outstanding spotters he worked with and the dedicated Marines he served with. Upon returning to civilian life back in Oregon, Chuck remains an avid shooter, hunter, and instructor.” Rachel Buzzetti stated the Winecup-Gamble Ranch donated the expensive elk tag and lodging. She noted the two guides would be Dwight Lindquist and Mike Morrison. She reported that Elko Federal Credit Union and Gun World have



donated a Remington Sendero to Sergeant Chuck Mawhinney. Rachael Buzzetti stated Gun Works from Wyoming has performed the upgrades upon the rifle. She stated there were several sponsors for the project and did not want to disclose that information now because they would be making their presentation to Chuck tonight at Gun World and wished to surprise him. Rachael Buzzetti stated the County Commissioners have been generous in the past toward the project. Commissioner Dahl read plaque into the record. Chuck Mawhinney received a standing ovation. Chuck Mawhinney thanked the Commissioners, everyone from the Winecup-Gamble Ranch, the Nevada guides, Gun World and everyone involved in making his dream come true and their support. MOTION: Commissioner Guttry moved to approve Proclamation 2015-K

Nevada Outfitters & Guides Association’s 2015 Wounded Hero Elko Project honoring the 2015 Recipient Chuck Mawhinney. Commissioner Eklund seconded the motion. The motion passed unanimously.

Rachael Buzzetti invited them to come up the evening before the hunt starts on November 5, 2015 to the Winecup-Gamble Ranch. Dwight Lindquist thanked the County Commissioners for supporting their project in the past. Commissioner Dahl noted Mr. Lindquist contributed a lot to this program. 1:42:19 PM: AGENDA ADDENDUM PLAQUE OF APPRECIATION: Recognition of Lisa Lespade of the Elko County Sheriff’s Office for 33 years of Elko County employment. MOTION: Commissioner Guttry moved to approve a plaque of appreciation

to Lisa Lespade. Commissioner Steninger seconded the motion. The motion passed unanimously.

Sheriff Pitts presented Lisa Lespade with a plaque from the Sheriff’s Department. 1:45:16 PM: III. CARLIN RANCH HAND RODEO: Report on the upcoming Carlin Ranch Hand Rodeo Honoring Grant Gerber to be held at the Carlin Equestrian Park/Arena on August 14th and 15th located on Spruce Road about one mile north of Carlin. Commissioner Eklund commented Grant Gerber was an activist for First and Second Amendment rights and an advocate for ranchers, Native Americans and State’s rights. He stated when Grant Gerber led a demonstration from the Pacific coast to the Atlantic coast it was a peaceful demonstration. He noted a


year ago the first Grass March was from Elko to Carson City and the first event was held at the Carlin Equestrian Park. Commissioner Eklund stated Grant Gerber advocated for the ranchers during the Grass March so they felt it appropriate to hold a ranch hand rodeo in his memory. He stated Grant’s sons Travis and Zachary Gerber will do the opening ceremony with Grant’s horse. He noted Grant Gerber passed away as a result of an accident while on the Grass March from the Pacific to the Atlantic. Commissioner Eklund stated Grant Gerber died advocating for the people of Nevada. He noted Grant Gerber was a former rodeo hand and loved rodeos so this rodeo would be held in his name. Commissioner Dahl explained why Grant’s horse was named “Dun Again”. He said this horse was a leppy colt auctioned during the fund raiser after the earthquake in Wells and he had stood behind Grant Gerber bidding for him and Grant ended up with the colt. Commissioner Dahl had raised and started the colt for Grant Gerber. Commissioner Eklund stated in keeping with Grant’s First and Second Amendments advocacy, Trevor and Zachary Gerber would hold a program at the Baptist Church in Elko and encouraged them to attend that event. Commissioner Dahl stated when the South Canyon-Jarbidge lawsuit started Grant Gerber argued First Amendment for them and won so they opened the road. He believed that made a lot of difference because he felt if they had not won there would have been more closed roads. Commissioner Andreozzi felt this was a very fitting tribute to Grant and his family and thanked the City of Carlin, the Carlin Equestrian Board, and the sponsors in recognizing Grant Gerber. 1:52:51 PM: IV. ELKO AREA CHAMBER OF COMMERCE: Discussion and consideration of a funding request of $5,000 for replacement of the two Welcome Signs situated on east and west locations in Elko. Potential partners in this project include the Chamber, the City of Elko, ECVA, NNRDA, Frontier Communications and others. Robert Leonhardt, Chairman of the Elko sign committee, stated the representatives from the DBA and Kiwanis were present today. He noted this project was started in 2013 and currently there were no welcome signs because of deterioration. Robert Leonhardt reported the project would cost over $30,000 and the Chamber of Commerce contributed $10,000; the City Committed $5,000; Frontier $5,000; DBA committed $2,000; ECVA $2,000; NNRDA committed $1,000 and Kiwanis contributed $680. Commissioner Dahl clarified that the dimensions were 6’8” tall and 8’ wide with a bull rider and fisherman.



Robert Leonhardt replied yes, and stated they held a design contest for the signs and there were 21 revisions to the sign. Commissioner Andreozzi disclosed when he was with the City of Elko he had sat upon this committee. He noted this procedure was held up due to funding issues. He said he would not have any pecuniary interest. Commissioner Andreozzi had spoken to Jennifer Sprout in the past and noted it was a partnership between multiple agencies. He inquired if the County’s share would be 13% of the costs. Jennifer Sprout stated the County’s share would be 15% of the total cost of over $30,000, depending on if the City charged them improvement or permit fees. She stated they were asking the County for $5,000 and they realized it would be setting precedent for the other cities. She stated the County was only paying 15% of the total cost so if that comes up with the other entities. Commissioner Eklund stated at their meeting a month ago it was said the Elko City Council had issues with the design and tabled it. Jennifer Sprout clarified the City Council tabled it because the community committee had not submitted sufficient information to the City Council where the design came from. She noted since then the City Council had approved the signs. Commissioner Eklund noted their past motion was to table it until the City Council had made a decision upon it. Commissioner Dahl voiced support of the first design. Commissioner Guttry inquired if that amount would have to come from the contingency. He noted 20,000 residents in the City were also County residents and supported the donation of $5,000. Commissioner Dahl called for public comment and no comments were submitted. MOTION: Commissioner Andreozzi moved that we grant the funding

request of $5,000 for the replacement of the two welcome signs situated on the east and west locations in Elko. Commissioner Eklund seconded the motion.

Cash Minor requested that he amend his motion to include the funding coming from the contingency funds.

Commissioner Andreozzi amended his motion to include the contribution would come from the contingency funds.

Commissioner Guttry inquired if there was money in the Recreation Fund. Cash Minor would have to look at that fund to see if all money was allocated out. Randy Brown stated there were funds in the Recreation Fund to match a grant and he was waiting to hear back about the grant award.


Commissioner Eklund seconded the amendment. The motion was passed unanimously.

2:01:23 PM: V. NEVADA OUTDOOR SCHOOL:

A. Discussion and consideration of approval of Proclamation 2015-J welcoming the Nevada Outdoor School to Elko County that provides outdoor education opportunities. Tony Lesperance, representing the Nevada Outdoor School, stated they were operating in Elko County. He said NOS was a nonprofit organization and they operate on their own ability to produce funding as well as grants from a wide variety of supporters such as industry. Melanie Erquiaga submitted copies of the draft Proclamation to the Commission. Commissioner Dahl read the Proclamation into the record. MOTION: Commissioner Eklund moved to approve Proclamation 2015-J

welcoming the Nevada Outdoor School to Elko County that provides outdoor education opportunities. Commissioner Steninger seconded the motion. The motion passed unanimously.

B. Consideration of a request for $15,000 to Nevada Outdoor School

Program. The Commission previously reviewed this request and asked that it be brought back for further review. Melanie Erquiaga stated they had established a relationship with the Elko County School District. She noted they had asked for a line item in their budget. She reported they received seed money from Newmont, Barrick and South West Gas. Melanie Erquiaga noted Andy Hart, their former Director, had moved on to become the Executive Director of Red Rock Canyon Interpretive Center out of Las Vegas. She stated they were looking for a new Executive Director and were looking at someone here in Elko who would be based in Elko and visit Winnemucca. She commented Elko was showing positive receiving of our programs. Melanie Erquiaga reported they raise funds for their programs so the programs were free or offered at very low costs to the students. She commented they also have a no questions asked scholarships. Commissioner Dahl had suggested to Andy previously to see if they could provide help in-kind other than funding. Commissioner Guttry understood the City contributed an office. Melanie Erquiaga clarified the Forest Service contributed an office as an in-kind donation.



Commissioner Guttry inquired if the City or the County School District had participated. Melanie Erquiaga replied she had not requested to be on their agenda. Commissioner Guttry commented the County’s budget process was completed and this was not considered. He felt this program was important for the children but the budget was tight. He suggested they put it on the budget next year for a line item. He inquired of Cash Minor if there was another fund available other than the Contingency Fund. Commissioner Dahl inquired if they could do something else in-kind. Melanie Erquiaga stated as they expand their programs they would make use of the parks or the pool. She stated they may use other facilities when they were organizing their camps or field trips. She explained their field trips for second to sixth graders to explain about watershed. Commissioner Dahl invited them to Starr Valley to tour Boulder Creek on his ranch as one of their field trips. Melanie Erquiaga stated they would come back for funding and for donations. Commissioner Guttry inquired about bus transportation through GET My Ride. Melanie Erquiaga stated they have a 15 passenger van that was donated by Sierra Pacific Power. She noted they used Humboldt buses last year to transport the students from the School to the field trip. Commissioner Guttry commented the County also had a gun range if they wanted to hold a youth shooting program. Melanie Erquiaga stated this year they offered a boys camp for fifth and six graders and the response was overwhelming. She stated they were able to offer that program with the help of the AmeriCorps program. She stated they hoped to continue to grow and to serve the Elko/Spring Creek kids as they do presently in Humboldt County. Commissioner Eklund inquired what the Humboldt County Commission did for them when they asked for support. Melanie Erquiaga stated the Humboldt Commissioners said they liked the program but they did not have the funds. She stated they were disappointed from the support they had received in Humboldt County over the last 10 years. She believed Elko County was more receptive to them and noted there were school teachers present today from Elko County showing their support of them. Commissioner Eklund inquired if their transportation program could transport the students from Elko to the Lamoille Canyon. Cash Minor questioned if that was possible because they receive federal grant money and he would research that approach.


Commissioner Andreozzi stated this presentation was good for public awareness for their program. He was aware of their program that takes field trips to Lamoille Canyon. He noted David Willard of NDEP was part of their educational outreach program. Commissioner Andreozzi stated this was a new program and asked what the $15,000 would go toward and who they would serve. He noted there were tons of nonprofit organizations that provide services and commended them for their role. He inquired what % was the $15,000 of their overall budget. Melanie Erquiaga replied it would take $100,000 to operate an office in Elko County for the same services they offer in Humboldt County presently. She noted the NDEP started funding their 2nd grade field trip with regards to the watershed program. She noted NDEP was very restrictive but NOS principles were educational programs that were inquiry based. Melanie Erquiaga stated NDEP wanted testing before and after the field trip because they were very data based. She commented NOS was not formal education and they do not test the students. She stated the funding would fund their field trips, for personnel, supplies, and transportation. Gretchen Lutes noted she had spoken to them in June. She had taught at Grammar School #2 for seven years and NOS provides support once a month in science lessons. She invited them to her classroom in the fall to attend a NOS program to meet the AmeriCorps volunteers and give them a perspective of what services they provide. Gretchen Lutes noted NOS have been doing this program over the last several years and it was in the best interest of the students. Michele Wines stated she had retired as a teacher at Grammar School #2 and stated this program was important for the students. She noted NOS came for the last two years to their Ag Earth Day and they were one of the fourteen stations. She commented they have held Ag Earth Day for the past five years for the students at the fairgrounds. Michele Wines stated the NOS personnel were very knowledgeable and the students learn a lot. She noted their next Ag Earth Day would probably be held in the final week of school. Commissioner Steninger inquired if they could offer a smaller token of a donation. Melanie Erquiaga stated they would appreciate any donation. MOTION: Commissioner Steninger moved that we offer a $1,000 donation

for this year and work it into their budget next year. Commissioner Eklund seconded the motion.

Summer Ehrmann understood the County Commission does not directly fund the schools but knew they fund Juvenile Probation and the Family Support Services. She asked that they keep that in mind when considering funding participation with Nevada Outdoor School.



Melanie Erquiaga stated they could put together a specific budget for a specific program or a field trip rather than their funding going toward the general fund. Commissioner Andreozzi thanked them for their testimony and asked if they had more information available. He noted the County had a Cooperative Extension Program and inquired if they had ever coordinated with the County Extension on projects. The motion passed unanimously. Tony Lesperance thanked them for their support. He commented they were a nonprofit organization which had 100% financial support from their board. Tony Lesperance reported they get support from the BLM and the Forest Service. He stated their board of directors consists of two prominent miners, a prominent businessman in Elko whose company makes products for agriculture and mining, a cowboy, and a mother. He commented their board was very conservative and insists the students get told the whole story. Commissioner Guttry commended Michele Wines for her past service to the Elko County School District and his family. Commissioner Eklund thanked Michele for helping them with the ranch hand rodeo last year. 2:30:53 PM: VI. 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 reported their law library clerk resigned and they have hired Rachael Sandoval a month ago. She stated in June they had 1,474 participants in their 36 youth programs. Jeanette Hammons reported in July they had 1,173 participants in their 32 youth programs. She stated last month they had 37 volunteer hours and 11 volunteer hours in June. Jeanette Hammons stated in the early literacy computer usage they had 619 sessions last month with 913 sessions in June. She stated on the After School Edge tablets there were 295 sessions in June and 183 sessions in July. She reported 445 attendants in their meeting room in June with 23 meetings and 222 attendants in July at 21 meetings. Jeanette Hammons reported in June they had 1,377 internet sessions with 1,638 in July. She stated their attendance was 21,829 during the month of June and 21,424 visitors in July. Jeanette Hammons stated the total check-outs were 17,725 in June and 17,233 during the month of July. She reported for the branches in June they had 3,145 visits with 5,237 items circulated and the internet was utilized 1,062 times for the month of June. She stated for July they had 2,828 visitors with 5,449 items circulated and the internet usage was 833 sessions due to computers being down in the branches. Jeanette Hammons


stated Commissioner Steninger was the only Commissioner who submitted his reading log sheet for the Summer Reading Program challenge. Jeanette Hammons stated in the Summer Reading Program they had a 55% completion rate in the baby-toddler section; in the youth 4 to 11 years there was a 41% completion rate reading 187,680 minutes during their time frame; and the teens from 12 to 18 years of age read 99,759 minutes. She reported in the adult program 427 reviews were turned in which was double the last year’s reviews. Jeanette Hammons reported upon the upcoming events in August were Story Time, Game Time Thursdays, and the Teen Book and Movie Club. She stated the regular Book Club would be meeting on Monday. She stated the next family history event was on Monday July 31st at 6:00 p.m. Jeanette Hammons stated the regular book club would be reading in September was Dragon’s Destiny by local author Heather Kennison. 2:38:23 PM: VII. WEST WENDOVER LIBRARY: The West Wendover Library has been situated on BLM managed lands for decades through a BLM Recreation and Public Purpose (R&PP) Lease. Every ten years the lease requires renewal. Also there is an option available to acquire the property. Staff recommends both renewals of the lease and to seek the ownership of the property. A. Discussion and consideration of authorization to renew the BLM R&PP Lease for the West Wendover Library. Commissioner Dahl stated Clark County had voted to support the Nevada Land Management Task Force recommendation for the transfer of the public lands from the federal government to the State because of the R & PP lands they had in that County. He noted every time Clark County wanted to do something on that land they had to get Washington’s approval. He stated 30,000 acres in the Las Vegas valley were recommended for transfer which was mostly in R&PP lands. He stated in Elko County they had the same issues. Randy Brown stated in Jackpot they had 400 acres but some land was transferred over to Wendover that had formerly been R&PP lease properties. He stated the BLM sent a renewal letter with the option to purchase the land. Randy Brown felt they should explore the possibility of a patent but cautioned them he had received a phone call regarding the Jackpot Airport. He asked them to enter a Resolution so if they cannot come to terms on a purchase then they could renew the lease. He stated the purchase amount was based upon an assessment. MOTION: Commissioner Guttry moved to give staff authorization to renew

the BLM R&PP Lease for the West Wendover Library.



Commissioner Eklund seconded the motion. The motion passed unanimously.

B. Discussion and consideration of Commission authorization to exercise the option to purchase the public land for the West Wendover Library property by adoption of Resolution 19-2015. Commissioner Guttry supported Randy Brown’s suggestion to proceed with the purchase process to see what the purchase price would be and how long it would take. Randy Brown requested approval of a Resolution so they could exercise the option to purchase the land or start the patent process. MOTION: Commissioner Guttry moved to adopt Resolution 19-2015 to

exercise the option to purchase the public land for the West Wendover Library property. Commissioner Eklund seconded the motion. The motion passed unanimously.

Commissioner Guttry inquired what the difference was between a patent and a purchase. Randy Brown replied a patent allows a city/county to acquire land as long as it remains under the same public use. He stated the BLM appraises the property for the best uses and cautioned them the BLM appraisal could be used against them if they wish to purchase the property. Commissioner Steninger understood it would be cheaper to lease the land. Randy Brown stated the BLM could remove them from the land at any time. Commissioner Dahl stated in Clark County they have to wait for authorization to repair roads, etc. 2:47:10 PM: VIII. ELKO COUNTY AMBULANCE SERVICE: Discussion and consideration of the approval of an agreement between the Highland Village of Elko and the Elko County Ambulance Service concerning provision of ambulance and medical transportation services. Chris Sloman, Ambulance Director, had submitted the agreement for their review previously. He summarized the agreement between the two medical contractors and the paperwork/legal compliance. Commissioner Andreozzi inquired if they would reconsider rates within the two years. Chris Sloman noted the Commissioner’s previously approved their ambulance rate change which was an automatic annual increase built in every January 1st which was tied to the CPI health services and that was in the agreement.


MOTION: Commissioner Andreozzi moved to approve the agreement between the Highland Village of Elko and the Elko County Ambulance Service concerning medical and transportation services. Commissioner Eklund seconded the motion. The motion passed unanimously.

2:50:55 PM: Chairman Dahl called the Montello Town Board to order at 2:50 p.m. IX. UNINCORPORATED TOWN OF MONTELLO:

Discussion and consideration of approval of Resolution 20-2015 amending Resolution 23-2014 correcting a typographical error which listed the hauled water rate as $0.02 per gallon, which calculates to $20 per 1,000 gallons. The intent was and is to set the rate to $0.002 per gallon, which calculates to $2.00 per 1,000 gallons. Lynn Forsberg stated this rate applies to a water metering station for the people who live out of town and go to Montello to haul their drinking water. Commissioner Dahl inquired about the e-mails from Jill Neumann and members of the Montello Advisory Council. Lynn Forsberg explained the Town Advisory Council approved the rate in 2014 and if they want to increase that rate they would have to redo the business impact statement and start the entire process again. Commissioner Dahl noted the Advisory Council wanted to bring it to same amount as the residents were paying. Lynn Forsberg stated that was a rate of $3.12 cents per gallon. Commissioner Dahl inquired if that was the average that the residents pay. Lynn Forsberg explained the residents have a system that they have to capitalize in, which they have water constantly available to them but others have to haul it. Commissioner Dahl noted the Advisory Board’s argument was everybody chose where they wanted to live. Lynn Forsberg stated in order to change the rate they had to have the Commission’s approval. He stated if they do not get the rate set at the rate as intended then they could not use the water meter. Lynn Forsberg recommended that they set the rate at $2.00 per 1,000 gallons as approved by the Montello Advisory Board. He stated if they want to adjust that rate then they would have to go through the process of looking at the rate structure throughout the town. Commissioner Dahl inquired how much was the difference and how important was it to the system if they had the $3.12 rate. Lynn Forsberg did not believe it would be a significant difference. He stated most of the people coming to town to pick up drinking water get 50 to 100 gallons at a time and only came in twice a month.



Commissioner Guttry noted this agenda item was only correcting a mistake from 2014. He stated they could change the rates in the future but this Resolution had to be approved correcting the 2014 Resolution. Kristin McQueary recommended they amend the Resolution to comply with the intent of what happened in 2014. She stated if the Resolution was not approved then the existing rate would stand at $20.00 per 1,000 gallons which was not the intent. Kristin McQueary stated the Business Impact Statement was based upon the correct amount but to change the rate from what was the intent it would require another Business Impact Statement. She stated the whole process would begin again with the business calculation. MOTION: Commissioner Guttry moved to adopt Resolution 20-2015

amending Resolution 23-2014 correcting a typographical error. Commissioner Eklund seconded the motion. The motion passed unanimously.

Chairman Dahl adjourned the Montello Town Board at 2:59 p.m. 3:00:28 PM: XIV. ELKO COUNTY DIVISION OF PLANNING AND ZONING: Public Hearing - Alternative Compliance Roadway Development Request In accordance with Public Notice 41-2015, conduct a Public Hearing regarding a request for roadway development alternative compliance by Kraus Enterprises, LLC on Sunshine Lane in Spring Creek. Applicant requests approval to develop Sunshine Lane throughout the length of the north western boundary of Lot 1, Block 1 to include improvements to the cattleguard and the intersection with SR 227 to a lessor standard. Sunshine Lane is accessed from SR 227, Lamoille Highway, in Spring Creek at the Ruby Mountain Industrial Park. John Kingwell stated the hearing was held on June 18th and Planning and Zoning voted unanimously for the alternate compliance. He noted they were looking at Sunshine Lane as their primary access but the major access to Ruby Mountain Industrial Park was Landmark Lane. John Kingwell stated they would enter upon Sunshine Lane and exiting upon Landmark Lane or vice versa. John Kingwell said the cattleguard was approximately 28’ built to the 26’ approach width. He stated they were bringing in propane doubles and staff believed the 32’ wide approach would be adequate. He stated it would require an additional width to the cattleguard and paving of 3’ on each side of the approach to bring it to the 32’ standard. John Kingwell stated staff was requesting the road width be improved to a 32’ gravel roadway throughout the frontage of the property beginning at Sunshine. He stated in communication with the property owner’s real estate agent it was indicated that they would not be required to improve a 200’ strip owned by Ruby Mountain Industrial Park. John Kingwell stated in the application it does state the upgrade should be throughout the length of the road.


He stated the approach was under the name of Elko County. He stated there would have to be an addition of 3’ upon each side of the approach and an 8’ extension to the cattleguard. John Kingwell noted that road serves prime real estate for industrial uses and they want to keep that road at least to the minimum standard for that code was 32 foot wide rural gravel standard. He stated applicant’s business was two 30,000 gallon storage tanks for their service trucks. He noted their application was approved for three tanks. He stated there were two lots and there would be no customers to the property it was simply a place for service trucks to reload without having to go over the hill. Commissioner Steninger inquired it that was the second lot in from the highway. John Kingwell replied yes and both of the lots would be utilized for the storage tanks. He stated the requirement approved in the Planning Commission’s meeting was for a 32’ wide rural industrial gravel standard and 32’ wide approach. John Kingwell said NDOT stated if the County did not require an improvement to the width of Sunshine Lane approach and if it caused a traffic problem on SR 227 then Elko County would have to bring it up to NDOT’s recommended standard. Commissioner Steninger inquired why this property owner was required to do the approach when the former businesses were not required to upgrade the approach. John Kingwell explained because this business was bringing in doubles. He stated in the future that road may have to be brought up to a 34’ wide industrial paved standard depending upon how it develops. He cautioned if the applicant does not improve the approach at this point and they have traffic problems then NDOT would have the County fix it. Commissioner Eklund inquired if there was a residence. John Kingwell stated there was one residence. Commissioner Steninger noted there were other businesses in the area such as Rain for Rent, Slater Seeding, etc. Commissioner Eklund voiced concern that there would be close to 60,000 gallons of propane on those lots and inquired if there were safety concerns. John Kingwell noted there was one propane service plant off of 12th Street within the City of Elko. He believed the industry was well regulated by State and federal agencies. Randy Brown stated he surveyed the industrial park originally for the County and the zoning was general industrial with light industrial uses. He stated the whole area was industrial and those residents were ancillary to the industrial use. Randy Brown stated any permitted or conditional use within that subdivision residential use was ancillary to industrial use.



Commissioner Guttry inquired if the staff’s proposal satisfies NDOT’s requirements, satisfies the County’s requirement and the property owner agreed to do them. John Kingwell stated he could not speak for the property owner but this was the lowest common denominator as to the requirements. He explained this was brought before the Board because of the request for alternative compliance. John Kingwell stated this proposal was submitted as the lowest, allowable standards. Julie Kraus, of Kraus Enterprises LLC, understood originally it was to be a paved road and John Kingwell explained there could be an alternative compliance for a gravel road. She noted the remainder of the road was gravel. Julie Kraus stated the cattleguard was currently 29 feet wide and asked that they not have to make that 32 feet wide. She stated they were willing to do what was in front of their property and wanted to make sure that was gravel and not pavement. Commissioner Guttry requested clarification that the owner does not want to do the adjacent property owner’s road to the east. He inquired if they would do the new approach coming in and the existing road to their property. Commissioner Dahl inquired if they did not want to put 3 feet upon the cattleguard. Julie Kraus stated they were asking not to have to do that because the cattleguard was 29’ wide. She noted they would never be pulling triples and more than likely pull doubles. She believed they would exit on Landmark Lane and exit off of Sunshine Lane when they were discussing the plans with their engineer. Commissioner Dahl inquired who measured the cattleguard. Julie Kraus replied Jessica James and her husband Mike Kraus did the measurement. Commissioner Dahl noted they were usually in 8’ sections. Kristin McQueary clarified an alternate compliance was an appeal of a condition. She noted they drifted away from the formal presentation. She stated the County standard for this type of development would be pavement. She noted the County has traditionally entertained alternate compliance which was what John Kingwell had suggested. She noted they have addressed the access from the highway to the affected property because they would be the ones increasing the use on the road. Kristin McQueary stated to be consistent throughout the County they should consider what the past Boards have done before. Randy Brown stated with regards to the cattleguard issue the developers were making the changes to the approach; the County was not. He noted the developers do not want to increase the size of that cattleguard but if NDOT wants


a change the atmosphere of that intersection with the developer using doubles or triples then they would come to the County for that cattleguard replacement. Randy Brown stated that was why John Kingwell put that improvement within their recommendations. He was surprised that NDOT did not require a turning lane, deceleration lane on the highway. He stated if the developer does not do the improvements then NDOT will come back on the County as the permit holder to make the improvements. Randy Brown stated with regards to the additional 200’ of road, it should have been discussed earlier. He noted the developer would develop the traffic flow upon that road. He stated the road had to be at that standard to accommodate the traffic that the developer was creating. Randy Brown commented the original standard for this road was a 34 foot wide paved rural industrial standard which normally has 4 inches of asphalt. He noted they were amenable to reducing that down to 32 foot width rural gravel standard. He stated they could not reduce that any lower because of the potential traffic flows to that area with doubles and possibly triples. Randy Brown stated within the subdivision itself the roads were paved and those standards were accommodating that. He stated they have to deal with types of traffic, weather and gravel was not an all-weather surface. Commissioner Andreozzi had spoken to Randy Brown to understand the alternate compliance request. He asked why there was a need for the cattleguard. Randy Brown explained on all NDOT approaches there were cattleguards. Commissioner Andreozzi inquired if Landmark Lane had a deceleration lane. Randy Brown replied it does not. He stated by today’s standards it probably would have been required because of the increase in traffic flows. He noted NDOT could come back upon the County to bring it up to their standards if there was an impact to the intersection. Commissioner Guttry disclosed his daughter works for Jessica James and would abstain from voting. Commissioner Andreozzi noted the conditional use was issued to the applicant for this particular use only and not for any other commercial uses on this parcel. Bob Wallin stated he lived across the street from these lots and there were no drainage issues addressed on Sunshine Lane. Bob Wallin stated after the dirt work was done on the industrial complex everything drained into his yard. He asked that they address the drainage before paving. He displayed pictures and stated he was flooded every spring time. Bob Wallin commented when they put in the present drainage he fought hard. He stated they proposed a ditch but when the ditch gets full it overflows and floods his yard. Bob Wallin stated all the



drainage from the top bench in that industrial park from the Veterinary Clinic all drain to this pond and it washes across the road into his yard. He questioned paving the road before the drainage was done. Randy Brown stated they were not discussing paving the road. He believed they could address a couple of the side crossings and talk about some additional culverts which could be incorporated into the road design to eliminate some of the flooding across that road. He stated the alternate compliance was for a gravel road surface rather than a paved road surface. Commissioner Eklund inquired if this had to go back to Planning for a change in the drainage. Randy Brown was unsure how they go back retroactively and address that drainage problem unless the property owners want to discuss those issues. He noted if that subdivision was built today it would be designed differently. He questioned with the subdivision already there how they could retroactively go back and correct that. Randy Brown believed some things could be done along the roadsides and at the intersection points they could look at diverting water away from where it was going now to Mr. Wallin’s lot. Commissioner Dahl inquired if this request would make the flooding worse. Randy Brown stated on a 32’ road standard they would create borrow ditches on both sides and possibly there were options of installing culverts at the intersections to divert the water. Commissioner Dahl inquired where the water would go in those borrow ditches. Randy Brown stated if they put in a culvert at the intersection it would go to the lowest spot. He stated the problem was the County did not maintain these roads/ditches and it was up to the private property owners to make sure the water was diverted. He stated they can only make changes when there was new development and the County has a minimum opportunity to do something. Bob Wallin stated before the development the drainage went behind Ron Ricks’ shop into a ditch. He stated after the dirt work was done it put all the drainage into his yard. He stated he could put a ditch along his fence line but then the drainage would dump into Jim’s shop door. Commissioner Andreozzi inquired where Mr. Wallin’s property was located. Bob Wallin explained it was upon the left side if they were looking towards the highway. Bob Wallin pointed out Silver State Street in his pictures. He stated the pictures show the water running out of the ditch across Sunshine Lane into his property and the water had cut ditches into the road at least 10 inches deep when it crosses. Jim Pitts stated, as a citizen, he had an interest in the property below this. He stated he and his mother-in-law had run a business there for 15 years. He


explained when they put the road in they put in culvert and water runs into a little pond. Jim Pitts showed on the map that the water runs down, fills that pond and then runs across the road into Bob Wallin’s property. He noted if Bob cuts a ditch then it would run into the building that Rain for Rent rents. Jim Pitts stated in his opinion when they build that road the culvert dumped the water onto the lower lot into a small ditch. He stated if they make them pave the road then the water would run right into Bob’s property. He believed presently the gravel absorbs some of the water and does bring it down to the culvert. Commissioner Steninger reiterated there would be no paving and the only pavement would be at the approach. Randy Brown would speak to Ferron Konakis about an inverted crown in that road section to keep water that water away. He inquired how they could expect the applicants to rectify all these problems which were created prior to this issue. He stated they don’t want to pave the road because that would cause more problems. Randy Brown suggested the retainage pond maybe extended or cross that into a ditch system or culvert at the lower intersection to drain the water away from that area. He stated they had an opportunity to discuss this but they cannot regrade the entire subdivision to the standard that it should be today. Commissioner Dahl believed the problem was they confront these issues when they have to. He inquired if they do just what they can to get by then at what time do we address the flooding problem. Commissioner Steninger believed Randy Brown was advised to go look at that. Randy Brown stated there was additional development that would be upon Ron Ricks’ property and maybe they could take the water from the retaining pond/ditch. Commissioner Eklund inquired if the request was changed from a 32’ road and the changing of the cattleguard from 32’ to a 29’ wide cattleguard. Randy Brown clarified staff recommends that they stay with the 32’ wide road and increase the cattleguard to 32’ wide standard. He reiterated NDOT could come back to the County and make them widen the approach and cattleguard. Randy Brown stated they would like to see the entire portion of the road from the approach to the frontage of their property increased to a 32’ rural gravel standard. Commissioner Steninger inquired why they were burdening Kraus with widening that road. Randy Brown exclaimed they would be creating the traffic flows by this development. Commissioner Steninger inquired about Rent for Rain and Ron Ricks who also caused traffic.



Randy Brown stated they would be developing their road further south. John Kingwell displayed the original e-mail dated July 8, 2015 sent to Mike Kraus regarding Western States Propane improving the road to a 32’ wide rural collector/rural industrial standard roadway and improvements to the cattleguard and approach pursuant to NDOT requirements for width improvements to Sunshine Lane. He noted said improvements include the approach through the western most boundary of applicant’s parcel, APN 061-002-014. John Kingwell noted he recommended a motion which states the same thing. Commissioner Dahl inquired how that could be a 29’ cattleguard. Randy Brown believed it would have to be 24’ or 26’ wide because they usually were 12’ sections. John Kingwell stated they could have cut one cattleguard down to add the width. He stated NDOT usually wants the cattleguards wider to cover the ditches. Commissioner Andreozzi believed the requirement for the 34 foot wide pavement was triggered and staff had advised applicants as an alternative, pursuant to County Code, they could ask for a 32’ wide road. He did not believe there was any give to change the width of the road in County Code. Commissioner Andreozzi stated the only area left in question was the responsibility of the improvement in front of the property that they don’t own. He did not believe they could consider anything less than the 32’ road width and asked for legal clarification. Kristin McQueary agreed the default was the pavement. She stated based upon the development and the fact that the area was not completely built out; staff was willing to consider the minimum standard for industrial. Kristin McQueary noted they would be pulling semis and doubles so they need a road width that would take care of that type of traffic. She noted it has long been the policy through the County Commission that through the development standards set forth in County Code that if you increase the traffic count then you were responsible from the collector road to your property which would be from the cattleguard to the frontage, even if they do go by another person’s property. Commissioner Steninger inquired about Slater Seeding, Rain for Rent or Ron Ricks being held to that standard. Kristin McQueary stated that depended upon when those properties were originally developed and the type of use. Kristin McQueary explained there were conditional uses and permitted uses. She reminded them this was an old industrial subdivision and could not speak to what happened in the past. She stated the current standards now to get these roads developed was the person causing the increased traffic flow would improve the roads. Kristin McQueary noted they were not asking the developer to do the entire road.


Randy Brown stated they were looking at 3 feet on each side of the existing road. Commissioner Dahl stated if they were going to change the approach for this kind of traffic then it made sense to make the road wider. Commissioner Steninger noted nobody else along that road has been required to do the same thing. He stated Rain for Rent had semis that they fill with water and they use that road too. Randy Brown stated the issue was the use this developer proposed was not a permitted use under light industrial uses. He noted it was a conditional use. Commissioner Steninger noted AmeriGas was in the area. Randy Brown stated AmeriGas was under a conditional use in that subdivision Commissioner Andreozzi understood propane was a permitted use under a conditional use permit. Randy Brown stated this subdivision was convoluted when it was created because the zoning was general industrial but the Planning Commission and the County Commissioners wanted to restrict it to light industrial uses. He stated every heavy industrial use has to come to the Planning Commission to apply for a conditional use permit. He noted within the subdivision they have ingress and egress access upon paved roads. Randy Brown stated this was at the edge of the subdivision and one side would provide primary access so the requirement for that road from that point of ingress becomes a question. He stated when Ron Ricks developed his property he had to acquire an easement to widen the road to a 26 foot wide roadway. He noted Mr. Ricks plans on subdividing so he would have to develop another portion of the road from that intersection down to the frontage of his property. Commissioner Steninger inquired if there would be a gap between that intersection. Randy Brown stated they were not sure because they were still working on his parcel map because they were unaware of what type of uses would be upon that lot. He noted the standard would be to develop to a 34’ wide paved standard but they were looking to work with him to do the same thing. He stated they work with the applicants but sometimes they run into impacts created upon the roads. Randy Brown stated what they were looking at now was the impact from the frontage of this property to the intersection with SR 227. He noted the portion between would create a bottleneck so they would have to address that road section together with the drainages. Kristin McQueary stated if they have a permitted use in a subdivision you do not have to come in for any additional permission from the County as long as they were a permitted use. She read: “County Code - Conditional Use: Certain



uses as referred to in this title are declared to possess characteristics which requires special appraisal by the Planning Commission in each instance to determine whether or not the use was necessary or desirable and be properly related to other uses and to transportation and services facilities in the vicinity and whether or not the use under all circumstances of the particular case affect adversely the health, safety or persons living and working in the vicinity or being materially detrimental to the public welfare.” Kristin McQueary stated when they come in for a conditional use not on the permitted use list it requires more thought such as the propane farm effect upon the transportation. MOTION: Commissioner Eklund moved to approve the development

alternative compliance by Kraus Enterprises, LLC on Sunshine Lane in Spring Creek throughout the length of the northwestern boundary of Lot 1, Block 1, to include improvements to the cattleguard and to the intersection with SR 227 to a lesser standard. Sunshine Lane is accessed from SR 227 Lamoille Highway in Spring Creek.

Kristin McQueary requested that Commissioner Eklund specify the width of the road and improvements.

Commissioner Eklund amended his motion that the width of the road would be expanded to 32 feet at a gravel standard. Commissioner Andreozzi seconded the motion.

Commissioner Steninger requested clarification they would require a gravel road from the left side of their property to the cattleguard and widen the cattleguard by 3 feet. Randy Brown clarified the standard to the highway encroachment needs to be 32 feet. He stated it would be 32’ width from the edge of the pavement through the frontage of their property to a 32’ rural gravel industrial standard. Ferron Konakis, Konakis Engineer, stated he was working with the Kraus on this project. He noted they mentioned from the pavement to the frontage and also the frontage of the Kraus property not being paved. He inquired if the pavement was upon SR 227. Randy Brown clarified that was the point of encroachment. Ferron Konakis inquired about widening of the pavement on that. John Kingwell noted NDOT stated that if Sunshine Lane was improved in width then the approach would also have to be improved in width. He stated also the approach from the cattleguard to the highway would have to be put in pavement. He stated they were looking at 3 foot of pavement on each side from the cattleguard, and from the other side it would be a 32’ wide rural gravel industrial standard throughout the frontage of the property. Commissioner Dahl inquired if it was paved from the cattleguard to the


highway. John Kingwell stated the 6’ of pavement should be put in on both sides to bring it to the right width. He stated NDOT did not want gravel upon the highway. Ferron Konakis stated by widening the paved approach by putting 3’ on each side to SR 227, assuming that was an NDOT Commercial Type IV approach those tapers were normally 150 feet along the highway. He inquired if they were required to widen the highway. Randy Brown asked that they discuss this with him. He stated they may be able to do it in gravel to bring it into standard. Ferron Konakis believed it was the size of the vehicles not the number of vehicles that dictated the upgrades so the roads would have to accommodate deliveries from the farm. He stated did not want to get into a situation where it would cost more money for an NDOT traffic study. Randy Brown stated NDOT was contacted and there were no additional comments regarding requirements through commercial use. He hoped they could come up with a way to fan those 3’ sections out to allow in the future when NDOT comes back to create the Type IV and re-pave it to that wider standard. Randy Brown did not want the County to get hammered with the cost of that approach. Mike Pappas inquired if there was an issue with the other property owners or if there was an easement in between them. Commissioner Steninger understood the Kraus owned both of those parcels. Mike Pappas stated he owned two parcels but he could not build upon a property line because of setbacks. Randy Brown stated this was industrial property and understood tank farms were not classified as permanent structures. Bob Wallin inquired what would happen on the drainage if they approve the top piece. Commissioner Dahl understood there were some improvements with this project. Randy Brown stated it may be better if they extend some ditches and put in a culvert where the water can flow in a different direction. He stated they can’t make promises without typography. He noted they cannot start the subdivision over. Bob Wallin believed the developer was responsible for what happened. Randy Brown noted this subdivision was created in the late 1980’s and those standards were not what they were today. He stated they could not make the property owners in the subdivision go back and try to correct the problems today.



Bob Wallin commented he donated 30’ to the County and voiced concern that this drainage devaluated his property. Randy Brown noted all roads had ditches but it was how they develop the interior flow. He believed they could manipulate those ditches to take the water off of the property. He stated they may be able to change the pond and move the water from that property. Bob Wallin believed they could put in gravel to raise the road but it would still dump onto his property. Commissioner Dahl suggested Bob Wallin discuss this with Randy Brown to solve the drainage problem.

Commissioners Eklund, Andreozzi, Steninger and Dahl voted aye. Commissioner Guttry abstained. The motion passed by majority vote.

4:00:20 PM: RECESS Commissioner Dahl called a recess at 4:00 p.m. 4:10:19 PM: RECONVENE Commissioner Dahl reconvened the meeting at 4:10 p.m. 4:10:33 PM: X. UNINCORPORATED TOWN OF JACKPOT: Chairman Dahl called the Jackpot Town Board to order at 4:10 p.m. Hayden Field - Jackpot Airport Discussion and consideration for authorization to purchase a Hanger Building from the Diane and Richard Olsen Estate for $15,477. The building has been located on Jackpot Airport property for several decades. Randy Brown stated this was a 40’ x40’ pole constructed building and it had been at that location for a long time. He stated the owner passed away and this was held in an estate. He stated there had been some issues with the land lease between the owner of the structure and the County because it was upon R&PP land. Randy Brown stated they put in an application for a patent on this R&PP land in January. He stated they looked at the building and the County could use it for storage for airport uses by the Town of Jackpot or lease it out again. Randy Brown stated if they don’t purchase it then they would have to develop a land lease with the new owners again. Commissioner Guttry inquired if the money would come from the Jackpot Town Fund. Cash Minor replied it would come from the Jackpot General Fund and it may be a contingency type item.


Randy Brown stated they had not discussed this yet with the Jackpot Advisory Board so he asked that they make their motion contingent upon the approval of the Town Advisory Board. Kristin McQueary stated this particular hangar had been at issue for a long time and they had not been in compliance with their lease. She did not know where the $15,000 price came from because this was an older building. Randy Brown stated this came from the County Assessor’s assessment. Kristin McQueary stated the former Commission wanted her to take legal action. Commissioner Steninger inquired if there was a future use for the hangar at the Jackpot Airport. Randy Brown stated these structures have to be used for airport purposes. He stated in the past they had a fire engine stored in it. He stated they were looking to provide fuel services to the airport and this hangar would be valuable for that purpose. Commissioner Eklund inquired if they were in compliance with their lease now Randy Brown replied no. Kristin McQueary stated the last action taken by her office was in 2002. Randy Brown stated the heirs sent a letter to the County offering the building to the County if they wanted to buy the structure. Commissioner Eklund noted they have been in noncompliance with the lease for over 13 years. MOTION: Commissioner Andreozzi moved to give staff authorization to

purchase a Hanger Building from the Diane and Richard Olsen Estate for $15,477 at the Jackpot Airport. Commissioner Eklund seconded the motion.

Randy Brown asked that it be contingent upon the approval of the Advisory Board. Commissioner Andreozzi amended his motion to make it

contingent upon approval by the Advisory Board. Commissioner Dahl inquired why Elko County would spend $15,000 upon a hangar that nobody can use. Commissioner Andreozzi believed there was a value to Elko County and if they have a lease in noncompliance and want to make them remove their improvements but were nonresponsive then it would remain there or the County would have to remove it. Commissioner Eklund suggested they take the building for back lease. Randy Brown stated it would cost more in a lawsuit.



Commissioner Andreozzi withdrew the motion in its entirety. Commissioner Eklund withdrew second.

Commissioner Guttry recommended this first go to the Jackpot Town Board for them to discuss whether they want to spend money on that hangar that would be owned by the County and maybe they can come up with some suggestions how they could use the hangar. Chairman Dahl adjourned the Jackpot Town Board at 4:21 p.m. 4:21:23 PM: XI. ELKO COUNTY SHERIFF’S OFFICE:

Report of activities related to the operations and activities of the Elko County Sheriff’s Office. Sheriff James Pitts reported during the month of July they had 17,067 monthly activities with 484 reports, 11 felonies, 26 misdemeanor arrests, 1 DUI, and assisted other agencies 167 times. He stated there were 660 traffic stops, they wrote 394 citations and answered 161 animal calls. Sheriff Pitts stated the rural deputy did 227 monthly activities, wrote 11 reports, did 1 felony arrest, 3 misdemeanor arrests, 13 traffic stops and wrote 5 citations. He stated there was no report from the School Resource Officers. He stated they were down one detective and had promoted one patrol deputy but his replacement has to be trained first. Sheriff Pitts stated the two detectives had put in 250 hours of investigation, 5 hours of administration, had 46 hours of special assignment, had 156 active cases, opened 39 new cases and closed 9 cases. He reported the population in the jail today was 164 and they had 174 inmates over the weekend. Sheriff Pitts stated in July they did 277 bookings. He stated next Wednesday they would move the women into the new jail expansion which would open an entire block. He reported they issued 23 CCWs, 8 out of town CCWs, 10 ex-felon registrations, 97 fingerprints, 32 sexual offender registrations, 3 work cards and 179 prints, and there were 1,077 people who came through their front office. He reported they did 1,230 civil service attempts in July and 193 warrants. Sheriff Pitts stated the cadets went to a HEAT academy at the Stead Air Force Base in Reno and 2 cadets took high honors in the events. He stated they held National Night Out event last night and there was over 2,000 people. He stated they cooked 1,200 hamburgers and 800 hot dogs. Sheriff Pitts reported during July they had one search and rescue for the 3 kids missing in Spring Creek who were found hiding under a cattleguard at Boyd-Kennedy Road. Sheriff Pitts stated there was a good response for the Search and Rescue event and they were patched through Dispatch to the Highway Patrol, the County Fire District. He commended Sergeant Fisher who led that search. He stated the Boy Scouts held a 50/22 run in Ruby Valley and the Search and Rescue provided security on


that run. He stated the volunteer projects were staying very busy. He stated by next Tuesday they would be in the new jail expansion. Commissioner Guttry commented they just added the extension to the jail to take them to a capacity of 200 inmates. He noted with the increased rate of inmates they may be putting up an addition in a couple of years because they would be overcapacity again. Commissioner Dahl inquired if the crime was growing faster than the population Commissioner Guttry believed it was all drug related. He had taken a tour of the new facility. Sheriff Pitts agreed drugs were a big problem and were causing the increase in burglaries. He stated their prescription contract came up a month ago and they did not renew the contract with the previous company. Sheriff Pitts reported they went with in-house with the Doctor. He stated previously they were paying $12,000 per month in prescription drugs and for the first month they received a statement of $5,000 from the Doctor for the prescription drugs. Sheriff Pitts stated they may not go out to bid and keep that service with the Doctor. He noted the Doctor furnished the Nurse that administered the drugs to the inmates. He stated they also cut the costs of transport to the hospital also. 4:31:20 PM: XII. PUBLIC LAND MANAGEMENT: Discussion and consideration of Elko County financial participation of up to $1000 to assist Western Energy Alliance to fund an appeal of the Department of Interior response to a Data Quality Act (DQA) Challenge. Western Energy Alliance has challenged the accuracy of studies being considered for listing of the Greater Sage Grouse as not being based upon defensible biological criteria. Commissioner Dahl stated this was first brought to NACO a year ago and he supported this effort. Commissioner Steninger inquired if they contributed $5,000 to this after he was seated as Commissioner. He inquired if they answered the original challenge. Randy Brown stated the BLM answered their challenge in not answering their challenge in a formal presentation. He stated they would answer their challenge in their Record of Decision and the amendments to Resource Management Plans. Randy Brown commented they would answer the challenge after the fact. He noted this was about an appeal to that decision and not answering their challenge. Commissioner Guttry stated these were knowledgeable people and felt it was worth pursuing.



Commissioner Steninger stated the industries were funding most of it and felt they should stay in the game. MOTION: Commissioner Steninger moved to provide another $1,000 for

the challenge. Commissioner Andreozzi seconded the motion. Dave Gray believed they had some information in what this group was doing and asked if that was available to the public. Commissioner Steninger stated that was available upon their website. The motion was passed unanimously. 4:35:18 PM: XIII. ELKO COUNTY ORGANIZATIONAL CHART: Discussion and consideration of the approval of an updated Elko County Organizational Chart which diagrams Elko County Government department organizational structure and lines of authority. Cash Minor stated one change was that Building & Grounds would be moved from his side of the chart to Randy’s side of the chart and this cleaned up some name changes, outlining it on a departmental basis. Commissioner Guttry agreed Building & Grounds should be with Natural Resources. He believed they should consider moving the Agricultural Extension to Randy Brown’s side of the chart. Cash Minor clarified it was financial issue; it was a one cent tax rate. He noted the County did not do direct supervision over them. Commissioner Guttry asked that this chart be brought up annually for review. Commissioner Andreozzi met with staff on this chart because he believed GET My Ride should be under the Road Department because it was a form of transportation and they have access to some resources such as mechanics, etc. He stated after speaking with staff over 95% of the funding was through grants so the organization was under Cash Minor. Commissioner Andreozzi stated in speaking with Cash Minor there may be some other opportunities to get shared services with the Elko County School District. MOTION: Commissioner Guttry moved to approve the Elko County

Organizational Chart. Commissioner Steninger seconded the motion. The motion passed unanimously.

4:38:29 PM: XV. COMMISSION MEETING CALENDAR: 1. August 19, 2015 – Commission Meeting -- Nannini Admin Bldg., Suite

102 – 1:30 p.m. 2. August 28, 2015 – Employee Appreciation Day – Service Awards & Picnic 3. September 2 & 3, 2015 - Commission Meeting -- Nannini Admin Bldg.,


Suite 102 – 1:30 p.m. 4. September 16, 2015 – Commission Meeting -- Nannini Admin Bldg., Suite 102 – 1:30 p.m.

MOTION: Commissioner Guttry moved to approve the Commission Meeting Calendar. Commissioner Eklund seconded the motion. The motion passed unanimously.

4:38:51 PM: XVI. 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 a request for the administrative assessments and facility fees to be retained for use by the Wells Justice/Municipal Court. MOTION: Commissioner Guttry moved to approve the Consent Agenda.

Commissioner Eklund seconded the motion. The motion passed unanimously.

4:39:06 PM: XVII. 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: Commission Chair / Liquor Board Chair, Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Nevada Association of Counties (NACO) Board, NACo WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, American Lands Council / Western Counties Alliance, Nevada Land Management Task Force. Commissioner Dahl had spoken to Cash Minor about the West Wendover utility payments. He stated with regards to Forest Service/BLM liaison he would be testifying tomorrow at an Oversight and Government Reform Committee in Evanston on the issue of government regulation and what it was doing to the livestock industry in Nevada. He stated his plan was to point out the issues and use a number of examples such as the Tomera problems in the Battle Mountain District. He recognized that the intent of the Congressional Committee was to address not only the regulatory problems in the agencies but the bias that exists and some were addressed because of the number of lawsuits that were filed against the agencies which were often settled favorable to those who bring the lawsuits. Commissioner Dahl would suggest to them their ability to make the changes that they hope for were slim to none for any positive results because it had been happening for such a long time in some many different ways. He



believed the only solution to this problem was, and the State of Nevada agreed because all the counties voted to support the recommendation of the Nevada Management Task Force, to transfer the public lands from the federal government to the State. He believed that was the only solution to the problem because the gap was too wide to bridge. Commissioner Dahl stated the problems that exist were due to having our natural resources being governed by those who mostly were unelected and nearly over 3,000 miles away. He stated the only solution was to transfer the land. B. Delmo Andreozzi, District 2 Commissioner: Highway Board Clerk, Nevada Department of Transportation (NDOT) Liaison, Auditorium Authority Board (ECVA), Hospital Board, Elko City Liaison, Museum Board, Regional Transportation Commission (RTC), Railport Committee. Commissioner Andreozzi stated the ECVA construction was ahead of schedule. He reported the hospital had acquired the Great Basin Surgical Center and in terms of obgyn coverage there was a shortage here in the Elko area. He stated there was one local physician who was taking on-call and had hospital privileges. He noted the hospital was also using traveling physicians. He stated the hospital was trying to recruit more obgyns and they brought in two more physicians. He noted one of the physicians was from the Winnemucca area and both physicians were not in private practice so they were required to take Medicare or Medicaid patients. He had spoken to the author of an article in the newspaper who had lost his physician when he turned 65 and could not find one due to Medicare/Medicaid issues. He noted that was a legitimate concern in the community. He stated the search for a new Museum Executive Director was ongoing. Commissioner Andreozzi stated he gave the City of Elko a presentation on the infrastructure tax. He stated they did not have a warm welcome and there was concern that Elko already pays for fire service. He thanked the Commissioners for allowing him to leave the last meeting earlier and stated his grandchild, Mary Margaret Ann, was born that day. Commissioner Andreozzi reported his and his wife’s identity was stolen that same day. C. Glen Guttry, District 3 Commissioner Commission Vice-Chair, Highway Board Chair, Recreation Board, Railport Committee, Humboldt River Basin Water Authority, Elko Senior Activity Programs Board Liaison, Budget Committee, Veteran’s Affairs, Northeastern Nevada Regional Development Authority (NNRDA), Sheriff Department Liaison / LEPC Liaison, Fire District Committee. Commissioner Guttry stated the HRBWA meeting would be held on the 21st of August. He commented the Senior Center held their Special Olympics and Nifty 50s which were successful events. He stated NNRDA was doing great and Lander County joined them. Commissioner Guttry met with the Sheriff for an


overview and went on the radio program with the Sheriff and Commissioner Eklund. He reported LEPC would hold a quarterly meeting tomorrow. D. Cliff Eklund, District 4 Commissioner: Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, Budget Committee, California Trails Center Board Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Library Board of Trustees Liaison, School District Liaison / CIS – Communities in Schools, Nevadaworks, Debt Management Commission. Commissioner Eklund stated at the Bronco Bash Saturday at the Carlin rodeo grounds the announcer saw a fire from a vehicle that went into a ditch and called 911 but received a busy signal. He noted Commissioner Dahl was on his phone and trying to give instructions on how to get to the accident scene and they hung up on him. He stated Sheriff Pitts would check with dispatch to find out what the issue was. Commissioner Eklund stated Zach and Travis Gerber informed him the Jay Reuben Clark Law Society would hold a gathering on the First Amendment and freedom of religion at the first Baptist Church on August 21st at 6:30 p.m. He had attended a Northeastern Nevada Stewardship Group and expressed his opinion upon the sage grouse EIS and the protest by the County. E. Rex Steninger, District 5 Commissioner: Spring Creek Association Liaison, Te-Moak Tribe of Western Shoshone Indians Liaison, Shoshone-Paiute Tribes of Duck Valley Liaison, Northeastern Nevada Regional Development Authority, Alt. (NNRDA), Natural Resource Management Advisory Commission Liaison, Fire District Committee, American Lands Council Alt Liaison, Sage Grouse Pilot Project, Elko County Conservation Districts Liaison, Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison. Commissioner Steninger stated in Spring Creek the President had resigned and there was a search for a new President. He stated the construction upon the SCA community center had a water line in middle of it so they would have to deal with that. Commissioner Steninger formed a committee to investigate the options of incorporating. He received an email that Tom Barnes resigned from County’s Wildlife Advisory Board. He noted Tom Barnes suggested they restrict it to someone in the ranching industry and provided him with an NRS statue that supported that. He inquired if they would take action upon another meeting agenda.



Kristin McQueary stated Robert Stokes would advertise that item before it was placed upon a meeting agenda. She stated the Board would look at the candidates to see if there was a gap on that statutory list. Commissioner Steninger inquired about the invitation from Noble Energy on August 27th upon geo energy and inquired if they have a quorum agenda. Kristin McQueary stated if there was a potential for a quorum she suggested they post a quorum agenda. 4:54:02 PM: XVIII. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS: Kristin McQueary stated she would be absent next week. She suggested the Commissioner participate in a team event at the Carlin rodeo. Kristin McQueary would speak with Commissioner Andreozzi after the meeting about the hospital board. She noted with regards to identity theft a close friend of hers who was a federal government employee informed her that he was in the government data base that was hacked by the Chinese and the Chinese may have her name as well because she was one person named in his security clearance. She cautioned if any of the Commissioners have vouched for anyone that has worked for the federal government the Chinese may have their name due to that security breach. Commissioner Dahl questioned if they want to put a team together to participate at the rodeo. He suggested they get in the sorting at the fair. 4:57:30 PM: XIX. COMMENTS BY THE GENERAL PUBLIC: Harry Botsford stated with regards to the phone calls being dropped in the emergency incident; he believed they may be dropped by the cell phone company because that was happening frequently. Commissioner Dahl stated he was on the cell phone when reporting the incident. 4:58:21 PM: XX. ADJOURNMENT: MOTION: Commissioner Eklund moved to adjourn. Commissioner

Steninger seconded the motion. The motion passed unanimously.

There being no further business to come before the Board, the meeting was adjourned at 4:58 p.m. APPROVED, DEMAR DAHL, Chair ATTEST: MARILYN TIPTON, Deputy Clerk

elko county board of commissioners

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