Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Demar Dahl Glen Guttry Charlie Myers Warren Russell R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Thursday, February 3, 2011, 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, Chair Glen Guttry Charlie Myers Warren Russell Jeff Williams County Manager Robert Stokes CFO/Asst. Mgr. Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Chief Juv. Prob. Ofr. Mike Pedersen Road Supervisor Otis Tipton Chairman Dahl called the meeting to order at 1:30 p.m. Commissioner Guttry led the meeting participants in the Pledge of Allegiance. 1:29:19 PM I. COMMENTS BY THE GENERAL PUBLIC: Commissioner Myers requested permission to bring back the POW*MIA agenda item from yesterday. Kristin McQueary commented that the Commission had taken action yesterday and suggested another agenda item be scheduled. 1:32:22 PM II. BLM - GATEWAY WEST TRANSMISSION LINE PROJECT: Discussion and consideration of issues related to the BLM - Gateway West Transmission Line Project with the Cassia County, Idaho County Commission. This project will allow the installation of an electrical transmission line from Glenrock, WY to Boise, ID with one option of a route of approximately nine miles PAGE 1

2 entering into Elko County on the Nevada Idaho state line boundary. Elko County approved a cooperating agency agreement with the BLM for this project in October, Dennis Crane, Chairman of the Cassia County Commission in Burley, Idaho, introduced Cassia County Commissioners Bob Kunau and Paul Christensen, Cassia County Clerk Joseph Larsen, Al Barrus Cassia County Attorney, and the Gateway Task Force Members on this issue were Brent Stoker, Chairman, Doug Pickett, Vice-Chairman, Mark Webb, and Von Gibby. Dennis Crane gave an overview of the original proposed route through the middle of Cassia County. He stated they formed a task force of 30 members representing the entire county and diversified activities within the County. Dennis Crane stated their suggested alternate route was on the southern part of the County which impacted public lands rather than private lands. He requested Elko County s support crossing the Elko County border for the nine miles in their alternate corridor. Dennis Crane cautioned that five other power companies have expressed an interest in this corridor and some of the power lines would travel through Elko County to Las Vegas and Los Angeles. Brent Stoker stated he and Douglas Pickett serve as Co-Chairmen of the Gateway Transmission Task Force. He reported that there were eight counties within Southern Idaho that would be impacted by Gateway West s transmission lines. He noted programs under the Obama Administration may obtain some subsidy for green power which was driving the interest in transmission lines. Brent Stoker encouraged the Elko County Commission to unite with the eight Idaho Counties on this issue because of the interest expressed by many companies. He stated a corridor would help them organize the transmission lines together rather than crossing the county randomly and individually. Brent Stoker inquired how the County Commission could interact with their State citing authority on the transmission lines. Kristin McQueary stated most of their transmission lines cross federally managed property and she would research that issue. Brent Stoker stated when they contacted the Nevada citing authority their requirements were: the proponent of the line had to contact the citing authority or those being affected by the line. Commissioner Dahl stated they now have a new Energy Commissioner. He stated the Energy Commissioner worked directly through the Governor s Office. Commissioner Russell questioned whether their proposed corridor was upon private lands or public lands within Nevada. Douglas Pickett said they had discussed this with the local ranchers and they had the typical concerns but this was primarily BLM lands. He was counseled to approach the County Commission because they could be a PAGE 2

3 cooperating agency in the EIS process and make sure everyone was notified in the process. Commissioner Dahl questioned State participation if the line was placed on federally managed lands. John Carpenter questioned whether the Public Utilities Commission would be involved if it was located on BLM lands. He would research whether the PUC had any authority on this issue. Commissioner Williams inquired if Idaho had a tax abatement process on green power. Douglas Pickett could not address abatements on assessed valuations. Robert Stokes stated LS Power had looked at running a power line through Elko County and White Pine County to Las Vegas and had requested the green power abatements for their transmission line. Commissioner Dahl noted there was also three years of sales tax abatement. Commissioner Williams commented they had property tax abatements for twenty years. Douglas Pickett stated from the hearing with the Idaho State Tax Commission it was uncertain whether there would be a benefit. Brent Stoker displayed the utility proposed transmission lines on a map that would cut through active agricultural lands. He commented it would be more detrimental to allow five lines to go through their agricultural revenue sources than collect taxes on the transmission lines. Douglas Pickett stated they wanted the corridor to remain within Idaho but the location of the Snake River and prime farmland above the proposed corridor only presented one feasible alternative to drop into Elko County on the public lands. He reported that five counties participated in the process for this transmission line. Douglas Pickett stated the consulting firm Tetra Tech suggested nine miles within Nevada. Commissioner Guttry understood this Board had submitted a letter of support for this project and inquired if that was previous to the proposed corridor dropping down into Nevada. Brent Stoker understood the Commission received correspondence from the BLM on September 30 th and two weeks later they took action to support the project. Robert Stokes stated Walt George of the BLM in Wyoming informed him, previous to receipt of that letter, that this process had been ongoing for several years but the route to dip down into Elko County had been a recent consideration and apologized for not having Elko County involved previously. Douglas Pickett explained that Idaho Power had their routes established and then the Idaho counties became aware of the transmission line and requested input into the process. Douglas Pickett stated that was when the nine mile proposed route was included and there was a notification process. MOTION: Commissioner Myers moved to support the inclusion of the utility corridor into the State of Nevada for the nine miles or whatever is required and to continue our cooperating agency PAGE 3

4 status with this project and to support the route through BLM properties. Commissioner Guttry seconded the motion. Commissioner Williams suggested he amend his motion to state through Elko County, Nevada. Commissioner Myers amended his motion to add through Elko County, Nevada. Commissioner Guttry seconded the amendment to the motion. Brent Stoker stated they held a meeting with LS Power, Twin Falls County, Idaho Power, and Rocky Mountain, who all want to hook up in Twin Falls County but they would not discuss their plans until all the counties united. Commissioner Dahl inquired if they were aware of the China Mountain Project. Dennis Crane stated that would be in Twin Falls County. Commissioner Dahl informed them that the BLM Jarbidge Resource Management Plan would impact the wind generation project. Dennis Crane stated they were a cooperating agency of the BLM and would support Elko County on that project. Commissioner Guttry inquired if there were costs associated with cooperating agency status. Al Barrus, Cassia County Attorney, noted the County had been a cooperating agency for three months on the project with no out of pocket expense but the BLM did request information from time to time. Al Barrus stated they did not know if the County Commission would incur costs when they go to the State s citing authority. He stated if there were costs associated with that they would be glad to participate on those costs. Commissioner Guttry believed the provider should meet those costs. Commissioner Dahl inquired of their participation within their Forest Service Travel Management Plan. Dennis Crane stated they were still working on their plan. Paul Christensen, Cassia County Commissioner, stated they had a lot of road obliteration upon Forest Service lands during the last twelve months. He stated they were trying to strike the balance of use, over use and there were numerous concerns among the ATV users. Robert Stokes inquired if ranchers coming out of Idaho would be impacted. Douglas Pickett was acquainted with those ranchers and they do have concerns. He stated this power line would impact him on the Utah-Idaho side. He stated they have no evidence from their hearings held over the last year to substantiate their concerns. He stated their Planning and Zoning Commission did approve their corridor. Robert Stokes asked if major structures would be affected or if there would be impacts to any allotments, etc. and received a negative reply. Commissioner Russell requested they assert into the record as part of the intent of this particular motion that Elko County was responsible for due diligence and they had testimony referring to the property of ranchers. He asked that their PAGE 4

5 Director of Natural Resources confirm the fact that the owners of that property were agreeable. Commissioner Myers stated staff could do that research. Commissioner Russell noted they have worked with Idaho in the past on fire management and hoped to continue as good neighbors and friends. Commissioner Myers restated his motion: my motion would support the inclusion of the utility corridor; continue to be a cooperating agency in this endeavor and to support the routing of this corridor through the BLM property in Northeastern Nevada, Elko County. Commissioner Guttry stated his second stands. The motion passed unanimously. 2:13:07 PM III. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Chairman Russell called the Highway Board to order at 2:13 p.m. A. COMMENTS BY THE GENERAL PUBLIC: Commissioner Williams noted there were three people here to speak upon the Metropolis Road. Commissioner Russell stated they could not take action under this agenda item and suggested they come forward under agenda item D. B. DUST SUPPRESSION PROGRAM: Discussion and consideration of the dust suppression plan including any adjustments. Otis Tipton stated last year Commissioner Dahl questioned why they were putting mag on streets in Deeth and at the Cross Ranch. He previously submitted a copy of the dust suppression projects for the Board s review and suggested they omit Deeth and the Cross Ranch sections. Otis Tipton stated they had moved the trailer out so there were no living quarters at the Cross Ranch. Commissioner Russell suggested alternatives be brought back. Otis Tipton stated he had submitted this list previously for their review because they would start the bidding process by the first of March. Commissioner Myers did not have an issue with dropping those two locations and asked that Otis come back with a list of project recommendations to drop so they could review the impacts from that elimination. Commissioner Dahl noted some roads have dust suppression like in South Ruby Valley that was expensive with only a few residents and requested Otis to submit his recommendations. Otis Tipton stated there was a very long history on the South Ruby Valley Road and gave an overview of the commitments made. Commissioner Williams suggested the Road Services Advisory Committee review the list. Commissioner Russell noted Otis would like a motion on the Deeth portion. PAGE 5

6 MOTION: Commissioner Williams moved to drop the Deeth magnesium chloride project. The motion died due to the lack of a second. Commissioner Dahl suggested the motion be on the overall plan. He noted Starr Valley Road had no dust suppression. Otis Tipton stated the residents did not want the dust suppression. Commissioner Russell noted that Otis had to go to bid for a certain amount of material and if they decrease the road application then it would decrease the amount of materials. Commissioner Myers commented that the residents were not notified. Commissioner Russell inquired if this would be part of the present budget. Otis Tipton explained half would be for this fiscal year s budget and half would be applied to next year s fiscal budget. MOTION: Commissioner Myers moved that we divert the dust suppression program to the Road Services Advisory Committee to be looked at on February 15 th with a recommendation back to the County Commission on our first March meeting with recommendations as to what dust suppression areas could be eliminated from the road budget and make sure there was public notice so there was public input. Commissioner Guttry seconded the motion. The motion passed unanimously. C. DEER CREEK GRADE: Discussion and consideration of issues related to the possible repair of the Deer Creek Grade Road failure in concert with USFS. Commissioner Russell clarified that the road failure created a hazard for large vehicles on that road but it was not a total failure of the road even though the agenda item implied that. Kevin Carnes, Humboldt Toiyabe Forest Service Civil Engineer, noted Mike Balen had sent an which detailed the cost estimate at $63,000. Kevin Carnes stated Mike Balen had proposed cooperative work between the County and the Forest Service to complete the project. He stated Commissioner Williams had spoken to them on this project. Kevin Carnes stated the $63,000 would include the equipment, labor and materials no matter who did the project. He stated initially Mike Balen proposed that the County fund it and the Forest Service do the project but in discussion it became a cooperative agreement where the Forest Service would have some equipment and some manpower but could not fund it entirely. Kevin Carnes stated the road was single lane, very steep and difficult to maintain. He stated the failure occurred because some of the rock wall supporting the road collapsed. He knew there was continual rock fall on that PAGE 6

7 road. Commissioner Russell inquired about construction of the rock wall. Kevin Carnes believed a private individual built the road by hand. Commissioner Russell asked when the road was built Kevin Carnes had heard it was around the turn of the century. Commissioner Williams stated he, Kevin Carnes and Mike Balen discussed the project and the Forest Service could do the job with the help from the County in the amount of $35,000 to $40,000. Kevin Carnes stated the Forest Service could supply a dozer and some manpower. Commissioner Williams noted the Forest Service was to supply the excavator, the dozer and some manpower and the County was to supply a couple of people from the Road Department, a dump truck and a loader. Otis Tipton stated he and Mike Balen believed the damage in the road was due to seismic activity because a large rock came down in the middle of the canyon at approximately the same time. He stated the largest road failure was the one they were addressing for $63,000 but up above there was a retaining wall that was built on a slide and showed some signs of failure. Otis Tipton stated there were two or three other places showing some slide areas and believed there would be more failures on that road. Commissioner Russell recalled there were four additional spots that could become a hazard due to slippage. He noted there may be more costly repairs on that road in the future. Otis Tipton concurred with Kevin Carnes that it was built at the turn of the century possibly around the 1930 s. He stated it was hand stacked with rocks but did not know if the CC Camp from Three Creek had built the road. He noted they did have satellite camps and loaned the CC Camps to the Forest Service and BLM for their projects. Commissioner Russell inquired how the repairs would be made. Otis Tipton did not have an outline on the repairs proposed by the Forest Service. Commissioner Williams suggested another trip up the canyon. F. Gordon Butch Smith, Jarbidge Town Advisory Board, stated Roberta Skelton informed him it was built in 1920 s. In the 1930 s, Works Progress Administration (WPA) widened the road and did the retaining wall work. Commissioner Russell noted the retaining wall was stacked rock without any cement and on a sharp incline. Butch Smith stated one-third of the road, from the bank into the road, was lost to sloughing three years ago. Butch Smith stated the Jarbidge residents would like it repaired because it was an emergency access out of the canyon should they lose the road to the north of the town. Butch Smith stated the road was being used by hunters, woodcutters and the public even though there were road closed signs posted currently. Commissioner Guttry asked where the funding would come from. He noted they may fund $63,000 now but two months from now it may be an additional PAGE 7

8 $50,000 depending upon the condition of the road. Commissioner Russell asked that they decide whether the road had merit to be repaired. Commissioner Williams stated initially he questioned the importance of the road but was informed by Mike Balen that if the road north was washed out it would probably be the same time of the year that the road south would be blocked by snow drifts. Commissioner Williams was informed the bridge on the road going north to Idaho was not as sturdy as the Deer Creek Bridge. Commissioner Williams stated the County could not afford $63,000 but the Forest Service agreed to move the figure down between $35,000 and $40,000. Commissioner Williams noted the rest of the road was bad and it was a dangerous road but there were other rough spots in the County and they cannot stop maintenance just because there was a potential of more sloughing. Commissioner Guttry noted Mike Balen wanted to replicate the original structure which was hand stacked stone and inquired why they would replicate that structure. Kevin Carnes stated the road may be historic and they were dealing with SHPO. He did not know if the deteriorated section was on private or BLM land. Kevin Carnes stated they need to know whether the County supported the road project and then the Forest Service would look at the final cost after discussing this with SHPO. He stated the road could be widened while doing the work and put in textiles to anchor the rock into place. He stated they had discussed using larger rock which would hold better. Commissioner Dahl inquired if $40,000 was based on hand stacking the retaining wall. Kevin Carnes stated they would use the excavator. Commissioner Russell commented the County was considering limited participation with specific use of equipment and a specific amount without openended funding. Commissioner Williams noted it would be under a contracted amount. Commissioner Russell stated it would be a Forest Service project. Kevin Carnes stated they would be a participating agency. Commissioner Russell voiced concern of spending the money when the County had budget issues and then another section may require repairing in the future. He had viewed four other locations in the road that failure may occur. Butch Smith agreed that Otis was correct about the seismic activity because a large boulder came down from the rim, hit the wall and knocked that portion of the wall out. Commissioner Russell commented he had observed other locations where the placement of the hand stacked rocks were not stable and if there was further seismic activity they might lose more of the road. Otis Tipton suggested possible funding from the RTC Safety Fund but cautioned any action until Randy Brown had the road right of way. Roberta Skelton, a Jarbidge and Spring Creek resident, had learned to drive on that road with a 1 ½ ton truck hauling hay in the early 1940 s; the road PAGE 8

9 was maintained by dragging a grader pulled by a tractor. Roberta Skelton stated the Workmen s Program by President Roosevelt had widened the road. Roberta Skelton stated the people living there would like to use the road in case of a flood, fire, for hunting and for recreation. Roberta Skelton noted it would provide biodiversity with Idaho. She commented there had been prescriptive rights of way for years throughout the County and inquired why there was an issue for repair of that particular section of the road. Commissioner Russell noted this was a Forest Service repair. Commissioner Dahl stated this was considered a County road. Kristin McQueary did not know the maintenance history but it could be a minor County road. She did not know if it was an RS 2477 road. Commissioner Williams stated they need to recognize that he and the Forest Service had discussed $35 to $40,000, with the County putting in two of their men and some equipment on that project. He stated Otis informed him that his crews were tied up with projects. Otis Tipton stated they could utilize the equipment presently in Jarbidge and the part-time people in Jarbidge. He noted the Forest Service work schedule made it impossible to send County employees to Jarbidge. He noted the County s perdiem was $87 per day and the employees could not lodge and eat in Jarbidge on that amount. Kevin Carnes suggested if the County desires to participate in this project this year; the Forest Service would enter into an agreement with the County. He stated right now they were shooting for a cost estimation of 60/40 to the 50/50 range and they can include that within their motion. Kevin Carnes stated it was difficult for the Forest Service to find funding but they can supply manpower and equipment that Forest Service owns. He stated they were renting an excavator for another project in that area but this project would require an additional two weeks of excavator rental. Commissioner Myers inquired when the latest possible time frame was to do this road. Kevin Carnes stated because of the excavator costs it would be July 5 th because they were scheduled to do the road on Elko Grade that date. Commissioner Myers questioned where the funding would come from. Commissioner Russell stated if the Commission chose to perform this repair they could seek funding from the RTC Safety Fund in the amount of $35,000 or $40,000 for this project. Jane Smith, Jarbidge resident, stated in listening to the concerns about the costs for the employees to stay in Jarbidge; she offered to poll Jarbidge people and make arrangements for those workers to stay and provide them with meals from the community. MOTION: Commissioner Williams moved that Elko County enter into a cooperative agreement contract with the Forest Service to repair that one spot only on this Deer Creek Road for a sum not to PAGE 9

10 exceed $40,000, total money, and that the couple of people they have in Jarbidge, that were part-time help, be used to help in that process and that the dump truck that was stationed there, the bob-tailed dump truck, and the backhoe they have there, be the equipment that they can add to the process to make that work. Commissioner Dahl seconded the motion. Commissioner Dahl stated he would second the motion if they have up to $40,000 and not to exceed 40,000 and that the residents of Jarbidge provide housing and food for the two people. Commissioner Williams noted the two parttime people already reside within Jarbidge. Commissioner Russell requested that he amend his motion that there be due diligence on the right of way as part of this process. Commissioner Williams agreed to amend his motion that there be due diligence on the right of way process. Commissioner Myers stated his motion must also identify that the funding would come from the RTC Safety Funds. He suggested wording as follows: contingent upon a special meeting or a meeting with RTC and approval of safety fund expenditure of that amount. Commissioner Williams agreed to the amendment to his motion that it be contingent upon a special meeting or a meeting with RTC and approval of Safety Fund expenditure of that amount. Otis Tipton stated the rights of way had been discussed with Randy Brown last year and Randy Brown had been given the authority to acquire those rights of way. Commissioner Russell asked for confirmation of that process. Commissioner Dahl seconded the amendments to the motion. Kevin Carnes clarified that $40,000 was the County s participation and not the total costs of the project. Commissioner Myers asked if that amount was sufficient. Kevin Carnes believed it was a starting point and stated they would review the project and when they work through the agreements they would know for sure. The motion passed unanimously. Commissioner Williams noted the road was marked with road closed and barricaded currently. Kristin McQueary stated by this discussion it was not the County s intent to close the road, therefore, she suggested warning signs, road not maintained and travel at your own risk. She understood from the testimony that people were using it and the people need to be aware there was limited ability to rescue people off that road. Butch Smith stated at one time the road was signed four wheel drive only. PAGE 10

11 Commissioner Myers was not in favor of closing the road but did not think spending $63,000 on that road was prudent. MOTION: Commissioner Myers moved that our County Road Department put a sign on the top and bottom that says travel at your own risk, road not maintained. Otis Tipton stated it would take him a month but he had ordered signs that stated road not maintained, travel at your own risk and after the snow breaks the signs can be put up. Commissioner Dahl seconded the motion. The motion passed unanimously. D. GENERAL DISCUSSION OF ROUTINE ROAD MAINTENANCE ISSUES. Commissioner Myers inquired about Last Chance Road. Otis Tipton reported it had been graded by Silver State. Commissioner Williams inquired about the Metropolis Road. Otis Tipton reported there was a meeting with US Pipe and the Ruby Pipeline personnel. He stated they stopped their trucks due to damage created after the thaw. He stated the pipeline company planed on removing those areas and putting in Type II and replacing the asphalt. Otis Tipton stated the asphalt could not happen until after April or May when the hot plants open up. He stated in the meantime they were going to grade and bring in Type II and roll it in. Commissioner Russell commented that there were discussions that would result in a written agreement in response of the pipeline maintaining or repairing the County s roads. He stated those discussions were not completed at this time. Otis Tipton stated the company agreed they had damaged the road and would repair it. Commissioner Dahl stated the City of Wells wanted to participate with the County on that road. Otis Tipton stated when they met they were shown where the City Limits was located and he had informed them to contact Jolene Supp on the City s six tenths (.06) of a mile. Commissioner Dahl inquired if there was an agreement with the company. Robert Stokes stated they were in the process of drafting an agreement. Otis Tipton believed they should have had an agreement with these people from the beginning. He commented the company had graveled numerous miles of the county s roads. Commissioner Dahl stated the pipeline company had repaired the road at Deeth in crossing the Mary s River. Gary Botts, a Metropolis resident for 25 years, voiced concern about the disrepair of the Metropolis road over the last fifteen years. He questioned why they did not have an agreement with the pipeline company before they used the road. He suggested the pipeline company repave the road. He had contacted PAGE 11

12 the county several times in the past with regards to that road. He stated the crew that patches comes over with belly dumps and spreads it with a blade. Commissioner Russell noted currently the County has three asphalt roads they maintain through contract labor: the road to Jiggs; the road over Harrison Pass; and the Metropolis Road. He stated the road to Jiggs consumes a huge amount of the road budget, and they save for five years to perform that maintenance. Commissioner Russell stated the County s priorities were dictated by whether it was regional roads, how many residents use it, and the type of the use. He stated the Metropolis Road could be under the category of an agricultural road which had limited use and most of those roads were graveled roads instead of an asphalt road. Gary Botts understood there was limited residents in that area but suggested a traffic count because the road was being used by people going to 12 mile, the Town of Metropolis and to Tabor Creek. Gary Botts stated they paved the first 6 to 8 miles because the road was boggy and they could not maintain it. Commissioner Russell stated over a three year period they would be taking traffic counts which included Metropolis. He stated the Road Services Advisory Committee was establishing criteria for road priorities. Gary Botts understood the County did not do cold patch or hot mix because he had offered to fix the pot holes on a few spots. He had used his own gravel to fix the County s cattleguard in front of his house. He noted two years ago they did replace the first cattleguard from town but it was two inches lower than the rest of the road. Commissioner Russell volunteered to meet with him and Otis Tipton on specific issues. Gary Botts volunteered his services to repair the road. Commissioner Russell asked he contact Otis Tipton on those sections that he wished to change the maintenance on. Commissioner Dahl asked to be included in the conversations with the pipeline people. Otis Tipton had told the pipeline company that they would not complete the evaluation of that road until spring was over because the weather would change those sections. Commissioner Dahl voiced concern that soon the pipeline company would be out of the County. Otis Tipton stated when they do the road agreement there should be a discussion upon this road. He stated the Metropolis road was being reverted to gravel because of the lack of funding. Otis Tipton stated there was no base under the road and it was 13.5 miles long which would cost a million dollars a mile to rebuild it in asphalt. Commissioner Williams disclosed that he was a relative of Gary Botts and Gary lived beyond where the asphalt stopped. He stated they all must recognize that there was no more money coming in and they have to do with what they have for the people s needs. He stated they could not make the pipeline company do more than what damage they had done. PAGE 12

13 Kristin McQueary asked how closely Commissioner Williams was related to Gary Botts. Commissioner Williams replied Gary was his wife s first cousin s husband. Commissioner Dahl disclosed he personally knew Gary Botts. Wyatt Mesna stated it was a unique year with the pipeline coming through and they have done a tremendous job on numerous roads. He commented some of the roads only get maintained once a year. He believed a number of these roads would be taken care of before the pipeline company leaves. Wyatt Mesna stated that meant this year the County Road Department might have a little more time to address some other areas because of the pipeline maintaining these roads. He said this might be a unique opportunity to shift some budgets around to other areas. Otis Tipton stated the pipeline would be completed earlier than what everybody expected because they were coming back this way instead of going on through Oregon. He stated they estimated they would be out of here by June but it might be earlier. Otis Tipton commented the pipeline company was only going through a portion of the County roads, and they would still have to maintain the remainder of the roads to Charleston, Goose Creek, etc. Otis Tipton stated the pipeline people will be around for a while because they will be doing the reclamation. Commissioner Russell stated this gentleman would like you to be careful and if you have a surplus of time or resources that were available to make sure you spread that out. Otis Tipton stated they may have some time but it would not be cash to buy more asphalt and put it on Metropolis. Commissioner Russell noted basically there were the same costs when they replace gravel on a road in the terms of water, gas, time and equipment. Otis Tipton stated between the bridges, culverts and signs there were so many things to do; they would have no problem if they have extra time. Wyatt Mesna said the sections of the road that the pipeline was using even if they were bladed once in the spring they still would be in better shape at the end of the year to where the County can spend a little more time hauling gravel in bad areas, installing the culverts that might be in stock and putting up signs. Commissioner Russell stated if he had some recommendations he should forward them to Otis Tipton at the Road Department. Otis Tipton stated he needs to forward them to Clarence Hyde who was the lead man in Wells because he works for Elko County Highway Department. 3:39:39 PM COUNTY HIGHWAY BOARD ADJOURNMENT: Highway Chairman Russell adjourned the County Highway Board at 3:39 p.m. 3:40:01 PM RECESS 3:50:48 PM RECONVENE PAGE 13

14 VI. ELKO COUNTY NATURAL RESOURCES MANAGEMENT ADVISORY COMMISSION (NRMAC): A. Discussion and consideration of the appointment of one member to NRMAC to fill a term expiring December 31, MOTION: Commissioner Myers moved to appoint Meghan Brown to the NRMAC Commission with a term expiring December 31, Commissioner Russell seconded the motion. The motion passed unanimously. Meghan Brown stated she looked forward to serving on this committee. Commissioner Myers suggested Richard Genseal s application be kept on file for six months in case there was a vacancy. B. Discussion and consideration of issues reviewed by the Elko County Natural Resources Management Advisory Commission. Commissioner Dahl stated Randy Brown was at the Water Summit in Reno. Robert Stokes stated Randy Brown had ed a brief report on the long meeting for the Natural Resources Management Advisory Commission. John Carpenter agreed it was a long meeting because there were a lot of items on the agenda. He stated there was a motion made to support the decision that the BLM made on the Boies Ranch s allotments. He stated a letter was drafted and sent to the BLM and given to the Boies. John Carpenter believed there would also be an item on the County Commission s next agenda to send a support letter. He suggested that if Western Watersheds Project appeals this decision, the County considers intervening. He stated WWP filed a huge lawsuit that involved several ranchers in three and four states. John Carpenter stated the Attorney General had intervened and because of that intervention the portion of the lawsuit involving Nevada was transferred from Idaho District Court to Nevada jurisdiction. He noted there had been no action taken in Nevada on those appeals when the County and the State became involved. He suggested they may want to send someone to those hearings. Commissioner Dahl commented upon WWP filing against the wind generation project in Spring Valley. He noted they heard there was no direct tie between the stipulated settlement and the wind generation project on China Mountain but the BLM had made their preferred alternative to avoid future lawsuits. Commissioner Dahl agreed it was time for the County to take a stance and form a County coalition and commit the resources to protect the County. John Carpenter commented that the agreement in Idaho was tainted with WWP influence. He believed the Elko BLM District was doing the right thing and the County should support them. 4:01:25 PM PAGE 14

15 IV. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Discussion, report and consideration of activities and issues of the Department. Mike Pedersen previously submitted a written crime report for the past month and gave a brief overview of the crime reports. He stated since 2007 they had become a more preventive program rather than a reactive program. He commented that over the last three years they had been in elementary schools teaching fourth grade students the seven habits. Mike Pedersen reported they started a Seven Habits pilot program yesterday for the lower grades in elementary schools to see if the students will make better decisions in the future. He hoped they can start similar programs in Carlin, Wells and West Wendover s elementary schools. Mike Pedersen stated they were looking at establishing Traffic Court to eliminate the workload on Family Court. He stated in 2011 they would look at ways to help families rather than just the individual child. Mike Pedersen gave an overview of the probation statistics in Elko County. He reported they were still running their Teen Court, Truancy Court and Drug Court programs. He noted the Probation Officers were taking on additional responsibilities, were appearing at the schools and the kids were noticing it. He stated the probation officers had volunteered their time to the community. Commissioner Dahl commended him on his department and their programs. Commissioner Williams had met with Mike Pedersen and his staff and commended them on their involvement with the community s children. Mike Pedersen voiced concern about his budget. Commissioner Myers stated a lot of the State programs would be pushed down to the counties and that would affect all the budgets. Commissioner Russell made reference to a Memo received from Clark County regarding lack of potential revenues due to the State distributing services to the counties. He noted there may be no new expenditures on computers, cars, etc. 4:16:36 PM V. NEVADA STATE BUDGET / LEGISLATIVE SESSION: Discussion and consideration of issues related to the Governor s State Budget and possible Legislative action regarding the State Budget including County Commission direction on potential State level actions on the Elko County Budget. Robert Stokes commented information had been sent to the Commission since the Governor s budget was submitted inclusive of changes to the honor camp being eliminated in Wells, changes to NDF on fire fighting issues and the potential of social services being pushed down to the counties which may be more than a million dollar impact to Elko County. Robert Stokes stated they understood the Legislators would review the Governor s budget. He noted the PAGE 15

16 County would work closely with NACO, their lobbyist and other county governmental entities and cities to magnify the County s voice at the Legislature. John Carpenter stated it would be a big challenge because the State would not fund a lot of services. He stated nobody really knew how many items in the budget that the Governor wants the counties to fund. Mike Pedersen stated that had been a topic at the Chief Probation Officers meetings. He reported there was one youth parole employee in Elko County that covers youth parole for Elko, White Pine, Eureka, Lincoln, and Pershing Counties. Commissioner Myers stated they would not know what the impacts would be going into the new budget year. He reviewed the possible shift of services from the State to the counties in the amount of 1.3 million dollars this budget year and the proposal of an additional 1.7 million dollars in changes for next budget year. Commissioner Myers requested the County Manager research the County s requirements by statute and suggested they build their budget based on those requirements. He stated if funding was available then they could look at the services that were not mandated. Commissioner Myers commented in the past they did $50,000 a year in community service that he anticipated would go away this year. Commissioner Russell stated the cities were not going to be touched according to the media. Commissioner Williams voiced concern about the doom and gloom he had heard for weeks and the affect upon the people. Commissioner Myers commented the Commission closed an entire department when he first came on board. He felt the staff should be prepared for the tough decisions that would have to be made. 4:27:24 PM VII. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICT TRAVEL MANAGEMENT PROJECT: Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project including review of two letters to be sent to the USFS. Commissioner Dahl noted the letters had been sent previously. Tom Montoya stated he had received an that Commissioner Dahl had sent to Gar Abbas regarding the dates for the EIS. He stated they were two weeks behind in that process because they were finalizing their response to the fifty comments they received in the draft EIS. He stated the deadlines that Gar Abbas sent to them was somewhat flexible and the dates were set to keep them on track through the process. Commissioner Dahl noted there was sixty days difference between what they had discussed and what Gar Abbas listed. Tom Montoya stated he had the date for the Record of Decision confused with the date for the Final EIS. Commissioner Dahl voiced concern that the County PAGE 16

17 specialists could not get on the mountain with the Final EIS date that was moved up. Commissioner Dahl noted Gar Abbas had stated their specialists could do this from memory. However, the County specialists had not been there so they could not go from memory. Tom Montoya believed the specialists need to sit down and talk about what the specific concerns were and bring them back to the Forest Service. He stated they could allow time for the specialists to go to the field through the MOU process to address their concerns. Commissioner Dahl commented the County only had 25 days after the completion of the Final Draft EIS for them to petition to the Council on Environmental Quality. Tom Montoya suggested the County and the Forest Service get the specialist together. He stated there was a forty-five day period built in once the Record of Decision was signed. Commissioner Dahl noted the EIS was finalized before the Record of Decision. Commissioner Myers commented that they should take off the no action alternative because it gets their hopes up. Tom Montoya stated they were looking at a Record of Decision by June 15 th and there was 45 days allowed for an administrative appeal process to go forward. He stated the appeal process would end on August 1, 2011 and it can be litigated at any time. Commissioner Dahl inquired if they could meet with the facilitator to make changes to those dates. Tom Montoya stated that was the practical way to move forward. He hoped through the MOU they can build a process to agree on reviewing this plan on an annual basis for additions and deletions of roads. Tom Montoya stated once the MOU was drafted they have to follow that document. He believed the MOU should bring everyone to the table. Tom Montoya stated they should discuss things as they change on the landscape. Tom Montoya stated he took the detail in Utah because that was his next step in his career as a Forest Supervisor so he had the opportunity to sit in that role. 4:35:50 PM VIII. BLM EGAN FIELD OFFICE: Triple B, Maverick-Medicine, and Antelope Valley Herd Management Areas (HMA) Wild Horse Gather: Discussion and consideration of comments on the above-mentioned Wild Horse Gather proposal which will attempt to gather 1,726 excess wild horses. Commissioner Dahl noted no BLM representatives were present. He was familiar with that gather and the AML calls for a decrease of 1,726 horses that were presently in the area. He state the gather was going on now. MOTION: Commissioner Myers moved to support the BLM in the gathering of 1,726 horses in the Triple B, Maverick-Medicine, and Antelope Valley Herd Management Areas Horse Gather proposal and if at PAGE 17

18 all possible give them to Madeline Pickens in some other state. The motion died due to the lack of a second. Commissioner Williams stated they had already passed a Resolution to that effect. He noted Mrs. Pickens was to attend the gather tomorrow. 4:37:04 PM IX. ELKO COUNTY WATER RESOURCE ISSUES: Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. Commissioner Dahl stated there was nothing to report. 4:37:18 PM X EL PASO GAS CORPORATION/ RUBY PIPELINE PROJECT: Discussion and consideration of issues related to the Ruby Pipeline Project including possible discussion with Company representatives regarding the agreement to fund the removal of grazing leases on public lands. Commissioner Dahl believed what they were funding was a lot more than removal of grazing from public lands. He believed the Western Watersheds Project was trying to stop wind generation projects. Commissioner Myers stated the pipeline gave money to Western Watersheds Project and now WWP had money to fight us. He saw two big issues, the road management and the pipeline passing the County by. Commissioner Dahl noted there was a discussion upon fighting back but it took funding for the law firms and resource people. He stated if they form a coalition the cost could be distributed among the counties. Commissioner Dahl encouraged formation of a western coalition for those counties with the same issues. He commented upon the fear factor influencing the federal agencies decisions. He did not support going to a private entity to acquire funding but a coalition of counties could fund a concentrated effort. Commissioner Myers commented he did not like accepting money from a private entity but El Paso had already started the standard by giving Western Watersheds Project twenty million dollars to fight grazing permits, etc. He believed there should have been a like movement on the part of El Paso to support the counties in the situation that they have placed them in. He believed Western Watershed would use that funding to attack them in all the other areas. Commissioner Myers stated the County would have to have a good defense, good witnesses, good science but most of all have funding to fight the Forest Service from taking the roads from them. Commissioner Dahl noted the Public Land Commission had taken money from El Paso and agreed to lobby back in Washington. Commissioner Russell voiced concern that the County could not PAGE 18

19 support some of these activities. Commissioner Dahl encouraged a coalition formation to share the expenses. Commissioner Williams commented the environmentalists were associating with the anti-gun groups to eliminate industries, recreation, ranching, etc. He noted people were defending agriculture but no one was representing recreation, ATV, mining, etc. Commissioner Williams encouraged people to unite representing various areas of interest for a united effort. Commissioner Dahl had spoken to the County Wildlife Commission last night and suggested unity. Commissioner Guttry inquired about NACO involvement. Commissioner Dahl commented all the counties did not have common interest in the same issues. 4:49:30 PM XI. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Guttry would schedule a meeting with the City Manager and the Elko Mayor on the EATS bus and their contribution to that service. Commissioner Myers voiced concern upon the NRMAC letter sent to the Boies without prior Commission s approval. Kristin McQueary commented that in observing the discussion on a multi county association, a wise attorney told her several years ago there were three ways to handle a situation; you can litigate, negotiate or legislate. She stated litigation was the most expensive of the three. Kristin McQueary stated the laws that allow them to bring those lawsuits were the issue. 4:52:49 PM XII. ADJOURNMENT MOTION: Commissioner Myers moved to adjourn the meeting. Commissioner Guttry seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned at 4:54 p.m. APPROVED, ATTEST: DEMAR DAHL, Chair MARILYN TIPTON, Deputy Clerk PAGE 19