Elko County Board of Commissioners

Elko County Board of Commissioners

Commissioners Demar Dahl

Grant Gerber Glen Guttry

Charlie Myers R. Jeff Williams

Elko County Manager Robert K. Stokes

STATE OF NEVADA ) COUNTY OF ELKO ) ss. MARCH 20, 2013 The Board of Elko County Commissioners met in regular session on Wednesday, March 20, 2013, at 1:30 a.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Glen Guttry, Chair

Demar Dahl Grant Gerber Charlie Myers R. Jeff Williams

Planning/NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Sheriff James Pitts

Chairman Guttry called the meeting to order at 1:31 a.m. Chairman Guttry led the meeting participants in the Pledge of Allegiance.

1:32:43 PM: I. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted. 1:33:00 PM: Experiencing audio/video difficulties; a portion of the minutes were transcribed from the digital recorder. II. BLM – CALIFORNIA TRAIL INTERPRETIVE CENTER: Discussion and consideration of potential impacts to the mission and operation of the California Trail Interpretive Center due to budget reductions. Jill Silvey, Elko BLM District Manager, stated because of sequestration there would be a reduction in funding from five to seven percent on all funds inclusive of the California Trail Interpretive Center. She stated they were currently in a hiring freeze and were not given a deadline. Jill Silvey did not know if they could swap some activities. There was an exemption for hiring back the

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temporary seasonal firefighters. Jill Silvey stated they were working on the option of hiring their career seasonal firefighters for this season. She stated there was an exemption process through the Department of Interior and she hoped that process would be delegated down to the individual bureaus to manage. Jill Silvey understood that the Commission had put in a considerable amount of funding toward the trail center and wanted to assure them they acknowledge that partnership and wished to maintain that visitor access. She stated they may delay filling some vacancies, not doing some contracts and delaying or not making some purchases. Commissioner Dahl inquired if they would hire additional people at the Interpretive Center. Jill Silvey commented the Interpretive Center was largely staffed with interns and interim employees and there may be a potential that the interims positions would end at the fiscal year. She stated that would leave Gary Koy and one vacancy that they were not certain they could fill at the end of the fiscal year. She commented it was not their intention for that center to fail. She commented they were open five days a week but their goal was for seven days a week in the summer. Commissioner Dahl inquired if there was a revenue source there. Commissioner Williams commented the City, County and the BLM had an investment in the center to enhance the historic values and the economic situation in the area. He cautioned if there was a reduction of hours it may not become a destination point for people viewing historical sites. He was excited that Jill Silvey wanted to secure sufficient funding to staff that center due to the new investment into the center and the new displays attracting more people. Jill Silvey acknowledged the economic and recreational value to the Elko County citizens but could not guarantee how many days the center would stay open. Commissioner Guttry noted Jill Silvey mentioned seasonal firefighters and requested she give them an update before fire season starts on their fire protection strategy. Gary Koy, BLM California Trail Interpretive Center Manager, stated their primary source of revenue was through the BLM with some funding coming from the visitors. He explained BLM staff was 2 interim employees and one student. Gary Koy stated they have a partnership with Southern Nevada Conservancy, the Great Basin Institute and AmeriCorps wherein they grant funds to them to manage over several years the hiring of the interns. Gary Koy stated the California Trail Interpretive Center had a foundation which applies for grants and had received a $25,000 grant from the Nevada Commission on Tourism to market the center. He stated they were pursuing funding through the Nevada Art

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Councils and the center’s visitors generate some income through the store. He stated they have received donations but they were struggling in operational dollars. Commissioner Dahl inquired if they charge an admission fee. Gary Koy replied no but they were considering that. He stated their plan was to go through a year and see what they collect in donations before they make a determination upon the admission fee. Commissioner Guttry inquired about if they charged an admission fee at Baker City. Gary Koy stated they collect $8 under the Federal Lands Recreation Act and they issue annual passes, senior passes, etc. Commissioner Dahl inquired if they had estimated a fee that would pay for the facility. Gary Koy stated if they based their administration fee at $5 it would bring about $140,000 per year which would not support the facility. Commissioner Williams commended Gary Koy upon his efforts on the trail center. He commented the County Commission and the City donated interns for one or two years and inquired what happened to that funding. Gary Koy stated there were certain restrictions on contributions from partners. He stated last year there were two youth groundskeepers working under the City’s Parks and Recreation and three people moved within those positions. Commissioner Williams understood the County had contributed $7,500 for two years. He noted 50% should be refunded or go to the BLM trail center. Gary Koy stated Southern Nevada Conservancy had contributed $10,000 to that fund which was also being held. He had spoken to James Wiley of Parks and Recreation Lands for authorization to use that funding. 1:53:20 PM: III. JARBIDGE WILDFIRE FUEL TREATMENT PROJECT: Discussion and consideration of an update of the project in cooperation with the Nevada Division of Forestry, USFS and the Jarbidge Volunteer Fire Department to reduce wildfire fuels near and around the community of Jarbidge, Nevada. Randy Brown reported a meeting was held with Butch Smith, Blaine Mowrey, Wendy Fuell, etc. He stated they had revised the plan and spoke about the current project which was a firebreak in the Jarbidge area on the east side. They have worked with Raft River on the power lines and easement cleanup. He stated they have another meeting planned on the 9th of April. He stated NDF had asked if they could use some of the equipment in the area and he told them they could. Randy Brown had instructed them that if they needed more equipment than what was in the area for the fuel reduction project they would have to come before the County Commissioners. He stated they asked for a potential funding source and he told them he would discuss this with the



Commissioners. He stated there may be some considerations for the project through the budget committee. Commissioner Dahl stated the Utah legislature just completed their bill draft on the health, safety and welfare patterned after an Apache County Ordinance. He stated if they have a problem which was considered a health and safety issue the County can perform projects after going to the agency and receiving no help. He suggested the Commission consider that. Commissioner Guttry believed they had developed a plan. Randy Brown stated originally NDF suggested hand crews the first of May but they may run into the fire season. He commented the County put a water line within the area with hydrants which may be beneficial on the eastside of town. He stated the power company had an easement and may allow the County to use the right of way for the project. Commissioner Guttry noted in the correspondence planning for the Bear Creek watershed could take up to 3 years. Commissioner Gerber commented Jarbidge had proposed action for at least the last four years to the Forest Service and they continually want to study it. He commended the residents of Jarbidge and NDF for going forward with the project. Commissioner Gerber commented Otero County in New Mexico wanted to perform a thinning project for some time and gave up waiting due to the increasing fire danger. He stated the Otero County Commission and Congressman Pierce scheduled a day to go up for a thinning project to protect the citizens. Commissioner Gerber stated at the last minute the Forest Service allowed them to go in and perform some cutting. He reported last year Apache County, Arizona took similar action last year. He believed Elko County should take the same approach as Otero and Apache County. Commissioner Gerber stated last year 500 homes burned in Colorado and 250 homes burned in New Mexico due to the agencies’ failure to do fuel reduction. He believed this issue was growing and noted Elko County could lose Jarbidge or Shanty Town. Commissioner Williams commented two years ago Butch Otter in the State of Idaho issued a directive to the law enforcement people of the state not to enforce any laws that would cite people for shooting the wolf due to the health and safety concerns over the damage done by the wolf. Wendy Fuell, District Ranger for Ruby Mountain and Jarbidge, felt there were positive results from the meeting. She noted the NDF had performed some treatments in the Jarbidge area and the Forest Service had performed treatments along the road. She stated Troy Phelps and Ryan Shane were leading the project and they welcomed the opportunity to look at this protection for the town. She stated under category exclusion they could treat the lands adjacent to private lands and NDF was proposing to treat approximately 11 acres. Wendy


Fuell stated by meeting and coordinating this effort together it gave them an opportunity to look at doing something on a larger scale. She commented the federal agencies had specific steps they have to go through such as planning, NEPA, etc. Commissioner Guttry inquired even if there was an intimate danger. Wendy Fuell stated the agencies still had to go through designated processes. She stated this year they identified an area for a project they could do quickly. Commissioner Guttry inquired if she believed there could be a catastrophic fire in that Jarbidge area in the near future that may take the whole town. Wendy Fuell stated there were other people who have studied the issue better. She commented the real risks would have to be included in the bigger picture such as where were the natural fuel breaks, what was the health of the forest in the area, etc., because it would be a watershed treatment and not only to reduce fuels. Commissioner Dahl suggested within the three year period the Forest Service needed to study, the County could go in and perform the project, to protect the citizens. Commissioner Williams inquired about exclusion coverage and if the Forest Service could take some type of action to keep it from burning. He inquired how large of an area the exclusion could apply to. Troy Phelps, Forest Service Fire Manager, stated NDF, the BLM and a number of the land management agencies funded an assessment in 2005 through Resource Concepts Inc., of every community within Nevada which essentially became the NDF’s Fire Management Plan. Troy Phelps stated NDF has done a lot of great work creating fire defense breaks to protect the communities. He noted there were multiple acres of Forest Service land adjacent to the land that needed to be treated soon. He stated the 30 day process should start by Friday and those 12 acres would complete the area treated to provide a sound defensible space. Troy Phelps stated the watershed was just as critical as the structures and the people in that community. He stated they would start the NEPA process in 2014 to protect 1,800 acres of watershed in Bear Creek Watershed. Troy Phelps had walked that watershed for the last four years consecutively trying to get some idea how to treat it. He stated it needs treatment but there were challenges with habitat, terrain, access and not wanting to impact the watershed. He stated they were approaching the watershed assessment community first and training volunteers, bolstering equipment, etc. His choice was to do it with a contractor so as not to impact fire resources in Elko County.



Commissioner Williams inquired if there was anything they could do immediately with the categorically exclusion. Troy Phelps said they had to go through the NEPA process. He stated collectively the entities could achieve their goal and that would be addressed in their next meeting. Commissioner Guttry noted the Angora fire in Tahoe area burned heavily in the forest land and burned 250 homes. He wondered if they were in the process of studying the issue prior to that fire. Troy Phelps stated he had sat in on a lot of the MAC meetings trying to put the fire out so his goal was to protect the communities. Commissioner Myers requested clarification that the category exclusion of 11 to 12 acres was to make the town safer but they have to go through the process for treatment on the watershed because of the size. Troy Phelps replied yes, because the threat of burning structures and danger to the people he supported what the NDF wanted to do on the 11 acres. Troy Phelps stated in his mind the watershed was just as critical to the community but there was no critical eminent threat to a person’s life in that watershed. Commissioner Myers stated in looking at the 11 to 12 acres around Jarbidge what was the safety level if there was to be a terrible fire in the region. Troy Phelps stated better than most areas in Elko County; it was defensible. He noted there were close resources until there was back up resources. The community had been very proactive. Commissioner Myers inquired how long it would take to get a categorical exclusion. Troy Phelps stated the category exclusion would take a few months because they have a 30 day comment period. He stated within the 60 to 90 days for the exclusion would allow them to start as soon as the snow breaks. Commissioner Gerber stated Otero County had studies proposed and when Otero County decided to do the thinning they received the exclusion to reduce the fuels. He stated Apache County and Utah caught the vision of that. He suggested they take comment from the people from that community. Troy Phelps commented for the first time in ten years the NDF, the County and the Forest Service were working together. He suggested they look at all the communities within the County. Commissioner Guttry agreed with the plan but expressed concern with the time frame. Commissioner Williams noted George Gruell saw thirty years ago what was coming in Colorado and wrote about the delays in agency management.


Blaine Mowrey, Jarbidge VFD, stated the local Forest Service people were helping them but it took almost ten years to get something accomplished. He stated the NDF were cutting defensible space behind houses but that was an ongoing process. Commissioner Gerber inquired what would happen to the town if there was a fire in the watershed area. Blaine Mowrey stated that fire could come towards the town if the winds pushed it down the canyon. He stated it would destroy the water source for the treatment plant and they would have to rely upon the backup source from the river. He stated that would reduce the amount of water that could be placed into the system. Commissioner Gerber inquired if a big fire started up the mountain was he comfortable they could stop the fire. Blaine Mowrey had been working with the Forest Service on opening some of the roads that they had limited usage upon. He stated they were described as traveled roads but you cannot travel much more than an ATV because of the growth. Blaine Mowrey stated the Forest Service was looking to help opening up those roads more so they could get the fire trucks up there. Commissioner Gerber inquired what the town would like to see the County do to help. He inquired if they needed the County to push the issue. Blaine Mowrey asked that they wait to see where this project goes that they have just started. He stated the eleven acres that they were talking about would help protect the town to a certain extent. Blaine Mowrey stated if there was a fire in the watershed area with the right conditions they might have a difficult time stopping the fire. He stated with what they were doing and proposing would be better than where they have been. Commissioner Gerber noted the NDF was frustrated because it took so long to get something done. Blaine Mowrey stated within the last year and one-half this Forest Service regime has been working with them. He stated there was always a risk up there but they would do what they could. Commissioner Myers understood if Jarbidge, the County, the NDF, the Forest Service etc., went in collectively to do the 11 to 12 acres then it placed the town in a safe condition, provided that they have authority from private property owners to make defensible space. Commissioner Myers inquired of their legal counsel if the County declares it a fire threat could they clean the private property to eliminate the threat to the town. Blaine Mowrey stated there was an area behind the private property which belongs to the mining company. He stated the mining company may allow them to create a firebreak above that property. He stated the proposed area would



give them defensible space in the area of the watershed canyon. Blaine Mowrey explained in the canyons coming from the north and south there was defensible space and what the NDF was proposing would give them the firebreak on the east side of the canyon. Commissioner Myers inquired when they saw fire season in Jarbidge. Blaine Mowrey replied fire season was from August until the snow flies. Commissioner Myers recommended that they wait to see if this partnership would perform the defensible space and asked that this issue be placed upon their monthly agendas to receive updates. He stated if the project was not completed by June or July then they could go up and take care of it. Commissioner Myers noted they have been going at this for ten years and was finally at a point of getting some cooperation. He wanted to maintain that cooperation. Commissioner Guttry inquired if the County could aid them in contacting the private property owners. Commissioner Myers suggested they send a letter to the mine requesting authorization to perform a fire break for defensible space. Commissioner Gerber stated that permission had been granted. Blaine Mowrey stated they should contact the people with an exclusion letter because NDF was utilizing inmate labor to do the work. He stated the only other way the work could be performed was through a contractor or volunteers. Commissioner Myers stated in June and July the BLM/NDF were busy during fire season so they might want to look at a contractor. He stated if they get the Governor to Declare a State of Emergency, then they could take whatever action was needed to make sure it was clean. Commissioner Gerber believed the County Commission could declare an emergency similar to what the southern counties had done. Wendy Fuell stated this was a complex watershed with steep terrain, and endangered species. She asked they consider the existing firebreaks so as not to increase sedimentation into the creek. Kristin McQueary stated the Jarbidge watershed was very gravelly and there was very little sediment in the west fork of Bear Creek. She stated it was more important to the Forest Service that Bear Creek was cleaned out because the alternate surface water source was Pine Creek. Wendy Fuell stated Bear Creek was a tributary to the river where the Bull Trout were so they were dealing with the US Fish and Wildlife Service. Kristin McQueary noted the bull trout was merely a threatened species and not an endangered species. Commissioner Myers commented if there was a fire up there then they would probably lose the bull trout.


Wendy Fuell agreed there was a need to look at that. Commissioner Williams inquired if the new treatment plant was encompassed in the proposed area. Troy Phelps replied yes, that plant was within the 11 acres. Harry Botsford commented he was a resident of the State of Nevada, a Citizen of the United States and proud of the Jarbidge area. He stated over 75 years ago the Forest Service was brought in to manage fires and clear brush and put in fire trails. He found it appalling that the Forest Service had to study anything in the area and did not have records to refer to. He stressed they blocked one side to make it more Wilderness where they cannot get into the roads. Harry Botsford inquired why they had not required bonds from both the Forest Service and the BLM in these areas where they have endangered them. He noted the BLM and Forest Service keep them from doing anything when it was their job to protect us against these fires. Chairman Guttry relinquished control to Highway Chairman Myers. 2:37:06 PM: IV. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Chairman Myers called the Highway Board to order at 2:37 p.m. A. Comments by the General Public: No comments were submitted. B. Discussion and consideration of a request for dust suppression services by Delbert and Linda Zunino in and around the Circle L Ranch area near Jiggs. Commissioner Myers stated he and Williams attended the Road Services Advisory Committee where this was presented. He stated the committee supported the dust suppression and suggested they look at other areas to reduce mag and lig projects so costs like this could be incorporated. He stated the RSAC recommended they look at a policy for special needs citizens to petition for relief and look at roads where mag was applied but no residents were living there. Commissioner Myers noted Otis Tipton submitted them a list and noted Otis had reduced portions of roads from dust suppression. He inquired when they reduced dust suppression on CR #716 roads. He commented the issue was the ranch house was close to the road and there was lots of traffic from the ranch, hunters and recreationists. Commissioner Myers was told by Otis that they would have to first apply gravel in order to mag or lig on that portion of the road. Otis Tipton stated they had already reviewed the roads for reduction of mag and lig projects.



Commissioner Williams noted the Longs who reside on Hog Tommy Road had the same respiratory issues and asked how much it would cost to do that road. Otis Tipton replied Hog Tommy Road was very lengthy and it would cost $10,000 every year for that road. He stated the whole road would have to be magged because of the prevailing wind. Otis Tipton reported they had dropped portions of roads because it did not impact the people. He explained that mag and lig projects were not about dust suppression it was about maintenance and the requirement of performing less maintenance. He stated the County was putting mag on roads that should be paved due to traffic counts. Otis Tipton stated the Commissioners designated these roads for mag to decrease maintenance. He stated when you take these little pieces for dust suppression then you increase costs and run all over doing nothing for maintenance. He stated for the past few years the Road Department only had $50,000 to $55,000 in gravel for the entire county. He stated they had problems on this road because there was no gravel and you have to have gravel for mag to draw the moisture from. He explained if they have a high clay content road then the mag would not last. Commissioner Williams inquired about the lig process. Otis Tipton stated lig costs was five times more and was twice as hard to apply. He explained they have to work the lig in and it would be hard to do on little pieces of the road. He noted this year’s budget was $250,000 for mag/lig projects. He stated even without increasing the road miles, the costs of supplies increased at least $10,000 to $15,000 per year. Otis Tipton reported the crews start in April with mag/lig projects and if there was not a lot of rain then they would be done in August. He commented the cost-benefit ratio showed it was not worth going past August. He stated if they start increasing the amount of mag/lig there was insufficient funding and they would probably have to do contracting to do that within the timeline. He stated they were doing what they could do with the current people and equipment. Commissioner Guttry stated the agenda request was for dust suppression. He understood the committee had made the recommendation to do this but he had heard differently. Otis Tipton stated he was not present at the Road Service Advisory Committee meeting and could not inform them of the reason for the mag/lig projects and that it would be a $10,000 additional gravel budget item. Linda Zunino commented they continue to do the mag project on Smith Creek and on the Woods Lane Road. Otis Tipton stated both of those roads were cut and the piece through the meadows on the Smith Creek Road was no longer magged.


Linda Zunino stated they were magging ½ mile of the canyon going up to the bench and it was sagebrush. She requested help on the road due to the traffic from hunters, recreationists and the three families taking their kids to the bus. Linda Zunino stated her husband was upon oxygen 24/7 and it was getting worse. She did not understand why they mag an area where people do not need it and ignore the people that need it. Otis Tipton reiterated that dust suppression was an added benefit from the mag/lig projects. He stated they mag a road because of traffic rather than dust suppression because the mag held the road together or they would have to hire more people and get more equipment to maintain the roads. He reported it would cost $10,000 to gravel that portion before they mag the road. Commissioner Guttry believed it was not practical to do a portion of the road and not all of it. Otis Tipton explained the portion that needed to be graveled from the highway to their house which was about ½ mile. He commented the gravel would have to be trucked in from Twin Bridges which was why it would cost $10,000. Commissioner Guttry stated they had cut back previously and now if they add one back in, it created a precedent. Commissioner Williams suggested they look after each and every county taxpayer and look at the Gary Long situation who also had respiratory problems. He suggested they help the citizens and recognized it would cost the County more money. Commissioner Williams stated when the person with the respiratory problem was no longer there then they could reduce that portion. He suggested they discuss the other family before the Commission made a decision. He stated the Long request was based upon the same conditions and encouraged them to plan a field trip to understand what they were discussing. Otis Tipton stated there were two people from the budget committee present and they would need funding for this project. Commissioner Gerber was unfamiliar with the road but heard there were two issues. Commissioner Guttry inquired about utilizing the RTC funding. Otis Tipton stated the safety fund was specific for safety issues. Commissioner Myers stated it could come from contingency. If there was extenuating circumstances, then the Long Family could petition the Commission to have them look at that. Commissioner Guttry noted two years ago they had previously taken the road off of the project list. Otis Tipton explained they took the road off due to the lack of gravel.



Commissioner Williams suggested cuts be made on mag going past the Lamoille Church. Otis Tipton clarified it was about road maintenance rather than dust suppression. He stated that was what the Commission had previously decided. Commissioner Williams felt those roads should be looked at because it seemed they were getting special treatment. Otis Tipton stated if there was no money for mag then they would have to hire more people and get more equipment to maintain those roads. He explained the mag held the road together so they performed less maintenance. He stated the traffic counts on those roads according to County Codes showed those roads should be paved. Commissioner Dahl stated on south Ruby Road 2.8 miles was taken off and asked what the total mileage was. Otis Tipton estimated 20 odd miles and they reduced the road from Shanty Town to the County line because of the lack of traffic. He reiterated they mag the roads to hold the roads together. MOTION: Commissioner Guttry moved that they approve the request for

some additional road maintenance and/or dust suppression services on, in and around the Circle L Ranch Road #716 area at the least possible cost to the County just in that particular area.

Otis Tipton stated he did not have a gravel budget for this season. Commissioner Guttry suggested it come from contingency. Commissioner Williams seconded the motion. Commissioner Williams requested Commissioner Guttry amend his motion that this maintenance be done for the time that Mr. Zunino was present there and that it not be subject to permanent maintenance. Kristin McQueary noted they could back out every year because it was an allocation of resources. Commissioner Myers requested that Commissioner Guttry amend his motion that the funding would come from contingency

Commissioner Guttry amended his motion that funding would come from contingency and this would be upon a yearly basis.

Otis Tipton stated this was a yearly bidding process and they could drop it out of the bid again if needed. Commissioner Guttry stated his intent was to leave it to Otis to do the least possible cost and not have to rebuild the road. Otis Tipton stated there was no gravel budget remaining this year and this mag was not in the bid this year. Commissioner Williams stated this was primary for respiratory conditions in the family.


Commissioner Williams seconded the amendment to the motion. Commissioner Myers suggested they send the bill to the Randy Brown, the Assistant County Manager, because there was no additional funding in the Road Department. The motion was passed unanimously. 3:00:01 PM: C. General discussion of routine road maintenance issues for information and/or administrative direction purposes: MOTION: Commissioner Williams moved that we have several issues

within the County where people have specific hardship issues due to respiratory situations that we invite them to petition the County to look at them specifically for what they were dealing with.

Commissioner Williams stated he would bring in the information for Gary Long and suggested the four of them have a field trip to that area. Commissioner Guttry seconded the motion. The motion passed

unanimously. Commissioner Myers inquired if they had received any updates on repairs to Gold Creek/Meadow Creek. Wendy Fuell stated Meadow Creek was planned and it should be completed this year. Commissioner Myers understood the County was already doing maintenance upon Meadow Creek, Gold Creek and Charleston. Otis Tipton stated the County maintained Gold Creek, Roland and Charleston. Commissioner Myers noted they had mentioned doing some type of agreement. Otis Tipton stated there was a previous discussion that if the Forest Service wanted to hand them over to the County, no strings attached, the County would look at taking them. He noted it was the structures that the County was discussing. Commissioner Myers commented when the Forest Service was doing the Travel Management Plan the Forest Service noted they were going to drop off roads that they could not maintain. Otis Tipton stated the County had concerns with those roads because the County was responsible for the bridges on the Bruneau. He commented the Forest Service was showing those as Forest Service Roads so a when a person looked at the map they did not believe they had to contact the County for any permits and they could haul dozers, drill rigs, etc., over the bridges. Otis Tipton noted if someone rips out a cattleguard they don’t go to the Forest Service they come to the County. He stated if the County was going to be responsible for that



infrastructure then they need to have the Forest Service place it on their maps so there was recognition that the County did have an interest in those roads. Wendy Fuell believed that they did have an old agreement in place. She stated with regards to the motor vehicle use maps they may be limited by some national signing direction for roads and she would look into those. Otis Tipton would like to see this portion settled before he retires. He stated the County was responsible for certain infrastructure but if there was an endangered species then the road wasn’t the County’s anymore. Otis Tipton stated the other mess that needed to be cleaned up was the South Fork Road. Otis Tipton stated if the Forest Service wants to hand over those roads to the County then the County could talk about the infrastructure. Wendy Fuell stated there were processes to do that, and they were being encouraged to do that in certain instances because their maintenance budget was declining. Otis Tipton stated the problem in the agreements was the line where the County can’t do anything without it being first approved by the Forest Service. Commissioner Myers believed if the agreement was structured correctly there could be sufficient right of way or easement to have the County perform the maintenance. He would rather have the County in control of the road rather than the Forest Service for maintenance. Commissioner Myers stated if the Forest Service assigned Meadow Creek over to the County and the creek ran through the middle of the road would the County be able to go out and repair the road before three years had passed. Wendy Fuell stated most likely. Otis Tipton commented unless they had the clause that they have to consult with the Forest Service before they perform repairs. He suggested the Forest Service hand the roads over to the County. Wendy Fuell would check into that. Commissioner Myers stressed the importance of maintenance upon those three roads. Otis Tipton stated the Forest Service had rights of way on Gold Creek through the private property. He had seen some of the deeds. Otis Tipton commented the Forest Service would need to hand those over to the County if the County assumes the road. Commissioner Williams stated there was a coincidence that the State of Nevada wanted to turn over a hundred miles of roads to the County and a few weeks later the Forest Service discussed turning over roads to the County.


Otis Tipton stated the original agreement with the Forest Service was when they replaced the infrastructure on the roads then the County would assume the road. Commissioner Williams stated they still have bridge issues on those roads. Otis Tipton agreed there were still some bridges that need to be replaced. Commissioner Williams stated they need to have some serious conversations with the Forest Service before they take over those roads; at least concerning the major infrastructure. Otis Tipton stated Kristin McQueary would like the roads given out right to the County so there wasn’t a similar issue as in Jarbidge South Canyon. Commissioner Dahl stated the process would start on June 30, 2013 to handover the public lands to the state. Commissioner Gerber had no confidence that the Forest Service would transfer the roads to the County. He noted last year hundreds of miles of roads were closed by the Forest Service. Commissioner Myers felt bill draft 227 may be the solution but these roads were roads that the County had maintained for a long time. Otis Tipton stated the Gold Creek, Roland, Charleston roads have been maintained for the 20 years he had been with the County and they were using County taxpayer’s money for that maintenance. Wendy Fuell was willing to sit down and discuss the transfer of the roads. HIGHWAY BOARD ADJOURNMENT: Highway Chairman Myers adjourned the Highway Board at 3:11 p.m. Chairman Guttry resumed control of the meeting. 3:11:01 PM: RECESS: Chairman Guttry called a recess at 3:11 p.m. 3:16:28 PM: RECONVENE: Chairman Guttry reconvened the meeting at 3:16 p.m. Commissioner Myers was absent at this time. 3:17:05 PM: V. UNIVERSITY OF NEVADA COOPERATIVE EXTENSION (UNCE): Discussion and consideration of issues related to the proposed change to the administration of UNCE and budgetary proposals affecting the program. Jill Tingey, UNCE Educator, stated a letter was sent by Tom Baker, the Cooperative Extension Advisory Council’s President. The letter made the Commission aware of the proposed shared module that President Johnson and Provost Carmen have recommended wherein the Cooperative Extension would become part of the College of Agriculture, Biotechnology and Natural Resources (CABNR) or at least to have a shared dean with that college as well as the Agriculture Experiment Station. Jill Tingey stated the faculty met in the fall and voted in opposition of this proposal.



Commissioner Dahl departed from the meeting room at 3:18 p.m. Commissioner Guttry inquired if there would be the same budget cuts. Jill Tingey stated the budget cuts would go into effect in July but the Governor had proposed a $500,000 restoration to them in his budget. She noted they had lost $2 million dollars. Commissioner Dahl returned to the meeting room at 3:19 p.m. Jill Tingey believed any funding they received back would go toward the shared leadership model or shared dean. She believed $500,000 to $800,000 was needed for this shared dean to oversee the three units. Jill Tingey stated the local Cooperative Extension had used their resources wisely and have put in specialists that lived in the community and understand the local needs. Jill Tingey understood as the specialists left their position locally then that specialist position would be taken back to the University level under the proposed model. She stated previously when they were part of the College of Agriculture those positions were on the University level and rarely did they come to communities to do programing. She noted the Cooperative Extension and the College of Agriculture had separate missions with the College of Agriculture focusing upon education of students within their programs rather than the local community. Commissioner Dahl voiced concern that CABNR was not treated very well within the system and if the UNCE became a part of CABNR the value and roll of every UNCE program in the State would diminish. Commissioner Dahl had spoken to Doug Bussleman of the Nevada Farm Bureau who was supporting the merger. Commissioner Dahl inquired how shared deans would save money. Commissioner Myers returned to the meeting room at 3:22 p.m. Jill Tingey explained currently they have one dean but when they combine the three units then each unit would have an associate dean. She stated the proposal was the dean would be the Director for the Cooperative Extension so there was another layer of administration added. She noted for each of those offices there would be support staff and operating budget. Jill Tingey stated the UNCE had tried hard with their limited resources not to be administrative heavy but with this proposal there would probably be a dean, a fiscal person and a HR person hired. Commissioner Dahl stated he and John Carpenter went to the meeting of the Board of Regents when they were discussing the budget cut. He noted they had already received a 71% cut. Commissioner Dahl learned Cooperative Extension was not just for agriculture. He stated Clark County had cooperative extension and a Cooperative Extension was within every State. Commissioner Dahl voiced concern about losing the Cooperative Extension by combining with CABNR.


Commissioner Guttry inquired if they had sent a letter of support for the Cooperative Extension. Commissioner Dahl explained they had sent a letter opposing the cuts. Commissioner Guttry stated the committee’s recommendations were opposite of what the Provost did. Jill Tingey stated they had spoken to the Provost through video conferencing. She commented the other counties had voiced their concern and the President was trying to schedule meetings with either the Provost or himself. Commissioner Guttry suggested they send a letter of concern and invite the University President to discuss this with the Commission. Commissioner Williams noted the received support material on the agenda item makes it appear to be a change for sake of a change. It was written by Tom Baker which was on the Advisory Committee. He supported the cooperative extension programs continuing but had no clue if this proposal would work. Jill Tingey believed the extensions would lose authority to direct those financial resources to County needs. She believed those funds would be redirected to student programs rather than programs to the counties. Commissioner Guttry believed they were making the counties more responsible for their local programs which seemed to be the state’s trend. Jill Tingey noted the State’s funding was shrinking when the County’s portion had increased but the State was withdrawing the decision making from the local level to the university level. Commissioner Myers stated they were expecting the counties to supply 49% of the funding then the counties should have equal voice in the decisions. He suggested a letter be sent to the other counties. Jill Tingey stated the UNR President and Provost were scheduled to be on the Commissioners’ agendas in several counties. Commissioner Dahl stated the Nevada Farm Bureau and the Nevada Cattlemen’s Association chose to combine these programs. Jill Tingey stated there was no production agriculture courses offered at the university, and there was no production faculty at UNR. MOTION: Commissioner Myers moved that the Commission draft a letter

with all of our signature blocks indicating that we do not support the combining of the two entities in the college system and that they remain separate and that we send a copy of that letter to each of the County Commissions. Commissioner Gerber seconded the motion.

Commissioner Guttry suggested he amend his motion that this Commission agrees with the committee that this proposal not be done.



Commissioner Dahl requested that he also include an invitation to meet with them.

Commissioner Myers amended the motion for the opportunity to speak with the President or the Provost and invite them to come to see them as soon as possible. Commissioner Gerber seconded the amendment to the motion.

John Carpenter questioned the Nevada Cattlemen’s Association and the Nevada Farm Bureau’s support of combining the colleges. He stated the County should look into what financial support they were giving because they may be able to support the faculty for the local 4-H Program and the local Cooperative Extension. Commissioner Dahl was told by the Farm Bureau that they were waiting to fight the bigger battle upon the funding. John Carpenter stated the Cooperative Extension needed a line item in the Governor’s budget where the college did not have anything to do with it. He stated previously they took the money from the Cooperative Extension line item and put it in the UNR budget. The motion passed unanimously. 3:42:40 PM: VI. CITY OF ELKO REDEVELOPMENT ADVISORY COUNCIL: Discussion and consideration of the appointment of John Kingwell as the County’s ex-officio member to the City of Elko Redevelopment Advisory Council. MOTION: Commissioner Williams moved to appoint John Kingwell as the

County’s ex-officio member to the City of Elko Redevelopment Advisory Council. Commissioner Dahl seconded the motion. The motion passed unanimously.

3:43:12 PM: VII. STATE LAND USE PLANNING ADVISORY COUNCIL (SLUPAC): Discussion and consideration of nomination of Randy Brown, Assistant County Manager, to the Governor for appointment to the State Land Use Planning Advisory Council (SLUPAC). MOTION: Commissioner Myers moved to nominate Randy Brown,

Assistant County Manager, to the Governor for appointment to the State Land Use Planning Advisory Council (SLUPAC). Commissioner Dahl seconded the motion.

Commissioner Williams noted in the letter they asked for three nominations. The motion passed unanimously. 3:44:01 PM:


VIII. ELKO COUNTY DISTRICT ATTORNEY’S OFFICE: Civil Legal Service Agreement: Discussion and consideration of renewal of the annual Civil Legal Service Agreement to provide certain civil legal services for inmates at the Elko County Detention Facility. Kristin McQueary commented this was an annual agreement with Robert Wines before they built the new jail. She stated Mr. Wines provides civil legal services to inmates and did it for nominal fee. Commissioner Myers disclosed he had a family member who works there; Mr. Wines was his attorney, and a customer. MOTION: Commissioner Williams moved to renew the annual Civil Legal

Service Agreement to provide certain civil legal services for inmates at the Elko County Detention Facility. Commissioner Dahl seconded the motion. Commissioners Williams, Dahl, Gerber and Guttry voted aye. Commissioner Myers abstained. The motion passed by majority vote.

3:47:55 PM: Wildlife Chairman Myers assumed control of the meeting. IX. WILDLIFE MANAGEMENT ISSUES: A. Sage Grouse Management Issues:

1. Discussion and consideration of issues related to the Greater Sage-Grouse management issue, the Governor’s Greater Sage-Grouse Conservation Plan, the BLM Greater Sage-Grouse Interim Management Policies and Procedures Instructional Memorandum, the adopted Elko County Plan to Manage Sage-Grouse, the BLM Memorandum of Understanding for Cooperating Agency status on the BLM Great Basin Nevada and Northeast California Sub-Regional Sage-Grouse study and other information regarding Elko County’s concerns regarding Sage Grouse management. No action will be taken upon a financial request until the matter has been placed on a successive agenda and identified to be an action item. Commissioner Myers noted every month they do an update but nothing was happening on the ground. He had heard the Governor’s Technical Task Force may have not been funded and they may have to find their own funding. Commissioner Myers hoped that Tim Rubald was able to come April 4th to discuss this with them. He stated Duane Combs, the rancher from Smith Creek, was also invited to give them a presentation. Commissioner Myers noted the County was doing something on the ground. He stated there were so many multiple agencies involved and time was running out to coordinate. Commissioner Williams stated at the meeting they suggested everything be forwarded through the Conservation Districts up to Tim Rubald. Commissioner Myers commented it was still a game bird and still falls



under NDOW according to the Nevada Constitution. He felt the Governor should take the bird from the game listing for a few years. Commissioner Dahl referred to an article in the Las Vegas Sun. He noted that in 2015 they have to have something planned but the powers did not designate what type of plan they had to have. Commissioner Dahl made reference to what happened to the timber industry due to the spotted owl. He recommended that the western states go to Congress on the ESA and request common sense when dealing with the agency. Commissioner Myers commented Congress was divided and it may not get passed. He believed the President would not pass it because it came from a Republican Congressman so it would be best to have a project on the ground. Commissioner Dahl suggested a political effort to Congress to make some changes because ESA was not a western problem. Commissioner Myers stated Congress was immersed in several issues and would probably not consider the sage grouse a major issue. Commissioner Dahl felt most of them knew what the impact would be from the listing. Commissioner Williams noted NDOW has never been out of the picture. He has read the support material and it showed NDOW and US Fish and Wildlife had control of the bird, its hunting seasons, the amount of permits on ravens, etc. Commissioner Williams commented the Governor had bought into the Conservation Department to address the habitat in order to keep the bird from being listed. Commissioner Guttry stated the Department of Conservation had not contacted them about the pilot project and felt the Board should contact them for assistance on the pilot program. Commissioner Williams commented the Conservation District doesn’t want to talk about the bird only about the habitat. Commissioner Williams stated the Northeastern Nevada Stewardship Group believed Elko County was the key player in Nevada. Commissioner Guttry commented the pilot project also included habitat. Commissioner Williams questioned whether the pilot project would help in 2015. Commissioner Gerber reported that since the Board’s decision to develop the pilot program, Box Elder County Commissioner LuAnn Adams; Troy Forrest of the Utah Department of Agriculture, and Diane Tanner, owner of the Tanner Ranch at Grouse Creek in Utah has proposed a pilot project in Utah. He stated on April 9th Box Elder County intends to announce a pilot project on the Tanner Ranch that mirrors the Elko County project at the Devil’s Gate Ranch. Box Elder County Commissioner Adams had invited the Elko County Commission to attend


their meeting on the 9th of April. Commissioner Gerber would give a presentation at the meeting on Elko’s pilot project. He stated Troy Forrest requested that he speak at a Utah Agriculture meeting with other County Commissioners on April 10th regarding their project. Commissioner Gerber stated Kathleen Clarke, former Bureau of Land Management Director, was now with the Utah Governor’s Office. He believed their concept of a pilot project would grow throughout the western states due to the threat of listing the sage grouse. He stated the US Fish and Wildlife Service had a list of threats to the sage grouse with fire being the biggest threat. He stated the pilot project would address fire under the habitat issue and on predators which was number nine on the Fish and Wildlife listing. Commissioner Gerber noted the Utah legislative committee was involved in resource issues and had funding so they committed money to the Utah pilot project. Commissioner Gerber stated Cassia County Commissioners from Idaho also will be attending that meeting. Commissioner Gerber stated through their action on the ground in numerous states and counties they hope to influence the Congress and inform the public of this impact from this listing. He noted the Congress controlled the US Fish and Wildlife budget. Commissioner Dahl departed the meeting room at 4:05 p.m. Commissioner Gerber had been asked how much this would cost the County and he did not foresee any cost to the County. He believed this was a reasonable demonstrative project. 2. In accordance with the Elko County Greater Sage Grouse Management and Conservation Strategy Plan, additional discussion and consideration of the Pilot Project on the Devil’s Gate Ranch to develop information through a project to “…implement historical livestock grazing , predator control and range management polices to develop scientific data related to Sage Grouse populations and habitat.” Commissioner Gerber stated Randy Brown may go to the meeting on April 9th and he recommended copies of the Elko County Sage Grouse Plan be taken to the Utah meeting. He recommended that they amend it to include the information they have developed on the pilot project and continue to amend it with information from other pilot projects within the other states. Commissioner Gerber hoped to develop the County Sage Grouse Plan to the point where people would look to their plan to find out how to improve the habitat and situation for the sage grouse. Commissioner Dahl returned to the meeting room 4:08 p.m. Commissioner Guttry asked that the actual numbers of leks be documented within the pilot program and the number of birds so they can respond to their constituents. He inquired when they would start their coyote control.



Commissioner Gerber stated they have information from NDOW on the sage grouse in that area. He stated on Saturday NDOW would teach them how they count the leks. He invited anyone interested to the training on Saturday. He stated there were other landowners who want to become part of the pilot project. Commissioner Gerber noted John Carpenter had proposed an area of four townships for the pilot project. He stated they should have a working committee and commented presently he, John Carpenter, Ken Bowler and the Laughlins were working on the project. Commissioner Myers noted there were comments in the Las Vegas newspaper wherein Katie Fite spoke about the cattle and sheep destroying the rangeland. He believed it was important when they have positive results that it went out to the media to inform the public. He believed Katie Fite had influenced Judge Winmill. Mike Laughlin spoke to Greg Tanner, the former chief of game for NDOW, was originally involved with the planting of Hungarian partridge and chucker partridge. He noted Greg Tanner cautioned them that this would come down to scientific papers. He believed they need somebody with wildlife credentials to justify their data. Mike Laughlin suggested someone should start at the congressional level because the raven has the same status as the bald eagle on the national protected list. He stated this bird was added to the list in the 1960’s through a treaty with Mexico. Mike Laughlin noted the chemical for the eggs went to the Animal Damage Control people and the County could not obtain those eggs. He stated Mark Jensen has the authorization to issue the chemical and the numbers were provided by the US Fish and Wildlife Service. He stated at the last meeting they were told they could obtain 500 more birds. Mike Laughlin recommended they contact their congressional delegation to remove the raven from the International Treaty with Mexico. He stated legally the only people that could do anything with ravens were the Animal Damage Control personnel. He stated the pilot project needs to have the ADC address the ravens. Mike Laughlin stated the ranchers can do anything they want to do under the protection of livestock. Commissioner Myers stated they sent a letter to their congressional delegation a week ago asking for the raven to be removed from treaty listing or that it could be reduced in scope so it could be hunted. Commissioner Gerber commented Commissioner LuAnn Adams went to her Congressman Bishop and he would come to the April 9th meeting because they recognized the need of congressional help to remove the raven from that protective listing. He encouraged the western governors to protect the people when removing ravens because of health, safety and protection of wildlife


because this was a critical issue. He believed the pilot projects were helping the Governors and Congress to develop an understanding of the sage grouse issue. Commissioner Gerber had learned a lot of information from Laughlins and decided to propose the pilot project. He recommended they hire Mike Laughlin to oversee the pilot project because he understood the project and had the wildlife credentials. Mike Laughlin reiterated the US Fish and Wildlife Service wanted scientific papers on the habitat. Commissioner Williams spoke in favor of the pilot project and could show a benefit but they need some benchmarks and credential people overseeing the project. He commented Joe Bennett Jr. would be the type of person who could give the project justification. He stated Joe Bennett Jr.’s paperwork would be instrumental with the US Fish and Wildlife Service and Judge Winmill. Commissioner Dahl departed the meeting room at 4:25 p.m. Commissioner Williams referred to Governor Otter’s directive regarding the wolf in Idaho. He stated Governor Sandoval could do the same in Nevada but that would not protect the people from getting cited by the federal agencies. Commissioner Gerber commented that NDOW had previously done the base studies on the pilot project area. He agreed they do need credential people to review the NDOW studies and justify the project. He stated they do not have time to establish another baseline due to the economic impacts from 160,000 acres taken from oil and gas leases, elimination of the power plant on the Idaho border, etc. He stated now they were told 1.2 million acres were eliminated from leasing, all without public notice of hearings. Commissioner Gerber believed they have a sufficient baseline study through the NDOW documents to proceed with the pilot project. He encouraged them to read the study prepared by Bill Price on a prior attempt to list sage grouse. He noted Bill Price researched the first petition to list the sage grouse, which was accepted by the US Fish and Wildlife Service, and discredited the information within the Petition as a misstatement of fact and misrepresentation of the historical record. Commissioner Gerber encouraged the Commission to go to Congress to have the raven removed from the protective listing and then have Congress review the budget of the US Fish and Wildlife Service or the sage grouse would do the same thing to the western states as the spotted owl did to the northwest. John Carpenter stated the US Fish and Wildlife Service was contacted by the rancher to place eggs for livestock control. He had been in contact with Ken Grey of NDOW to ask the US Fish and Wildlife Service to put eggs upon the BLM property where the leks were. He would call the new BLM Interim Director asking him to give that permission. John Carpenter stated if he received no response then that would show that they don’t care about doing activities that



would help the bird. He stated on the Sorensen property they have a person with a Masters in wildlife biology working with the Sorensen’s and felt they could get a baseline from him. John Carpenter stated upon the Mary’s River area, where there has been no grazing for fifteen or twenty years, they need to get people up there to document that area. He stated they need to get a creditable person on the Devil’s Gate Ranch for data. John Carpenter commented the owner had been doing a diary and taking pictures. He stated they have been talking to the BLM and Forest Service for numerous years about doing some green stripping to reduce the wildfires but they have not done anything. He commented it takes 20 to 30 years to grow the sagebrush. John Carpenter stated on the Deseret Ranch the reason they had a good increase in sage grouse because they planted alfalfa. He had spoken to the BLM about areas where they could do something but the agencies only want to put on more people to put out the fires. He commented nothing was being done different than what was being done by the agencies for the last fifty years. John Carpenter believed they could show through the pilot program that they could make progress without spending a great deal of money. John Garrard stated he had a master’s degree in biology and his Uncle was a game warden for fifty years. He stated when they were talking about an animal they were talking about an ecosystem. John Garrard stated they need to look at the whole thing and the federal government was required to look at the whole thing. He stated if predators were being killed that was another factor and people were poaching animals without being cited. John Garrard stated the public poaching should be reported; that people had been shooting by his house one of which killed a bald eagle. He had been a volunteer fireman and commented upon the Native Americans burning certain areas yearly to prevent large fires. He was willing to go count and do his part but he wanted to see someone accountable for the poaching. John Garrard stated people were moving here with different values. He did not encourage poaching within a residential area. He volunteered to look at anything by the BLM Forest Service and would be arbitrary about his decisions. He encouraged them to look at the ecosystem model and look at all sides of the issue. B. Predator Control Bounty Program: Discussion and consideration of information related to predator control activities through a “bounty system” for the possible use of a bounty program by the County or the State to assist in predator control activities. Commissioner Myers stated at the Wildlife Commission meeting they informed everyone that US Fish and Wildlife Service had increased the raven take by 500 provided that they do certain things. He noted that list included removing road kill, covering the landfills, etc. Commissioner Myers stated people


protested the funding for the coyote study and they believed it was stopped but at the Nevada Wildlife Commission meeting the NDOW coyote study passed at $81,000 without even taking public comment. Mike Laughlin stated Pete Mori made a motion for $31,000 in funding for the study but that motion didn’t carry. He commented David McNinch moved to approve the full $100,000 and that motion passed. Mike Laughlin stated Commissioner Scott Raine voted against it. He stated the study was to cover 5 to 7 years and the person performing the study from Utah State would receive a PhD from the study of a nongame animal through sportsmen money. Commissioner Myers had glanced at the letter sent from the Governor’s Office back to Mr. Laughlin in reference to this issue. He stated that letter basically stated the Governor would not get involved in this department. Commissioner Guttry stated he received the same letter. Commissioner Myers noted the Governor was the one who appointed the boards and had control of that department’s budget. Commissioner Guttry questioned how the committee could be unanimously opposed to the study but the Commission voted it in. Mike Laughlin explained Michael McBeath, Chairman of Administrative Procedures, Regulations, and Policy Committee and Chairman of the Predator Control Committee, never presented what was discussed at the Committee level to the Commission. He stated the committee committed to the three sage grouse projects but Chairman McBeath never carried forth what the committee discussed and voted upon. He stated after four and one-half hours of debate on the issue the Wildlife Commission had voted to go forward with the three sage grouse projects and tabled the other projects for further discussion. He stated Saturday afternoon the Commission addressed the predator issues and there was no mention of the committee meeting. Michael Laughlin had a discussion with the Chairman of the Wildlife Commission on March 19th about the way the issue was addressed. He stated the Commission Chairman had informed him that Director Mayor had spent all the $3.00 money. Michael Laughlin stated the $3.00 now goes into the NDOW money pool and there was no way to track that funding. He commented the NDOW pool pays salaries, travel, etc. He commented $100,000 of the $3.00 sportsmen licensing fees were going toward the Utah State student to perform the coyote study. Michael Laughlin stated this person only caught five coyotes while spending $186,000. He stated they finally sent a helicopter to catch coyotes with cannon net, at a greater cost. Commissioner Gerber suggested they send a letter to the Governor asking that his office investigate what occurred. He believed if this information was correct then the Chairman should be addressed. Commissioner Gerber



recommended that Mike Laughlin work with staff in developing a draft letter for the Commission’s signature. Mike Laughlin noted there was a video tape of this entire proceeding at the Commission meeting. He stated the committee meeting was not taped. He suggested the County Commission view the Saturday’s Commission meeting. Commissioner Gerber stated if there was evidence that the Chairman of the committee did not present to the Commission as he should have then they should not wait in drawing the Governor’s attention to this matter. MOTION: Commissioner Gerber moved that staff works with Mike

Laughlin and with those who were at the committee meeting the first day and sort out what it was and bring back to us a letter that they propose at the next meeting.

Kristin McQueary suggested this be placed upon the next agenda. Commissioner Myers noted this specific agenda item was bounty and Randy Brown could draft a letter for the next meeting. Mike Laughlin suggested they watch Saturday’s meeting because the Natural Resources Committee met on Thursday, there was no discussion on Friday and this issue came up on Saturday Commissioner Gerber withdrew his motion. Pat Laughlin stated with regards to the Governor’s Office their group sent out e-mails and made telephone calls about what was going to happen at the meeting. Commissioner Guttry noted a Governor’s staff person acknowledged they had received a lot of calls. Commissioners Myers gave an overview of two possible programs and submitted documentation giving the Board the pros and cons of a bounty program from the County. Robert Stokes would put the bounty program on the next agenda. Commissioner Williams displayed samples of possible ear tags. Commissioner Myers suggested they tattoo the lower jaw. He stated there was a suggestion to pay for the first ten coyotes taken within the program. He stated Commissioner Dahl was concerned the ear tags were made for cattle and the coyotes would scratch the tag from their ear or were large enough to be lost in the brush. Commissioner Williams stated Commissioner Dahl suggested the button would be a better identification. Commissioner Gerber stated there were some hunting groups who may want to hold a contest and he inquired if they could include them in this project.


Commissioner Myers stated they may be able to hold Saturday hunts and pay for the biggest coyote, etc., which may have less of an impact on US Fish and Wildlife Service’s bounty program from the air. Wildlife Chairman Myers relinquished control of the meeting. Commissioner Guttry assumed control of the meeting at 4:59 p.m. 5:00 PM: X. AMERICAN LANDS COUNCIL: Discussion and consideration of update on activities related to the American Lands Council including any requests of non-financial letters of support or participation in a meeting/event. Any financial requests will be required to be on a successive agenda. Commissioner Guttry commented that Commissioner Dahl had to depart the meeting due to a family medical emergency. Randy Brown stated Commissioner Dahl was to testify on the public land bills. Commissioner Guttry understood Commissioner Dahl would testify tomorrow. He had been informed by Commissioner Dahl that sixteen senators were co-signers on the bill draft for the formation of a committee to study the withdrawal of public lands. Commissioner Gerber reported Montana, Idaho, and Wyoming were moving ahead with their bills and Utah was making improvements to their bill. He stated each state’s bills were different. He commented two eastern states have passed Resolutions supporting the projects and they were seeking support from other eastern states. Commissioner Williams stated when Ken Ivory made his presentation to the Board he spoke about the Utah Constitutional Land Council studying the issue and making a report back to the legislature. He inquired if they had ever received a copy of the report. Commissioner Gerber stated they were in session and working on it. Commissioner Williams commented Utah was studying the exact same things that Nevada’s council would be studying. 5:03:32 PM: XI. 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, the Central Nevada Regional Water Authority activities and issues including any requests of non-financial support or participation. Any financial requests will be required to be on a successive agenda. Commissioner Guttry stated he and Commissioner Dahl were on the Humboldt River Basin Water Authority. He commented Assemblyman Ellison



and Pete Goicoechea have introduced a bill to provide funding to bring back the Desert Research Institute program of cloud seeding in the Ruby Mountains. He stated the cost was $270,000 for two years and Assemblyman Ellison and Goicoechea want a match from the HRBWA. Commissioner Guttry stated there was a projected increase of water by 1,800 acre feet per year and 1,000 acre feet would be absorbed into the ground with the rest going into the river. Commissioner Guttry stated they have requested a breakdown of $40,000 from Elko County and Humboldt, Eureka and Pershing Counties were approximately $10,000 each. He would take this to the budget committee. Randy Brown had met with Desert Research Institute and they speculated what water was generated. He stated the cloud seeding sites had been operated by SNWA for the last 20 years in Elko County. Randy Brown stated SNWA approached Elko County and wanted them to take over ownership in the amount of $600,000 per year. Randy Brown stated they have questioned what the benefits were from cloud seeding. Commissioner Guttry stated Mike Baughman had sent him e-mails explaining the benefits and he would forward them on to Randy Brown. He noted the BLM and the Forest Service supported the program. Kristin McQueary suggested this be placed upon the next agenda. 5:07:45 PM: XIV. CONSENT AGENDA: A. Presentation and review of claims for approval B. Approval of Minutes: January 23, 2013 and February 6, 2013 C. Carlin Justice / Municipal Court: Approval of a request for the administrative assessments and faculty fees to be retained for use by the Carlin Justice / Municipal Court. MOTION: Commissioner Myers moved to approve the Consent Agenda

Items A, B, and C. Commissioner Williams seconded the motion.

Commissioner Williams had a correction to the February 6th minutes on page 15 instead of four years ago sat upon the Right of Way Commission it was forty years ago. Commissioner Myers amended his motion to include that

correction. Commissioner Williams seconded the motion. The motion passed unanimously.

5:09:16 PM: XII. 2013 NEVADA 77th LEGISLATIVE SESSION: A. Discussion and consideration of issues related to the upcoming 2013 Nevada Legislative Session including possible consideration of legislative proposals, bills and bill draft requests (BDR).


AB 6 Requires the State Treasurer to return a certain percentage of the revenue from the taxation of special fuel (diesel) to the county in which the revenue was generated. Randy Brown stated this bill draft was not received well and there was no action taken. Commissioner Myers stated Committee Chairman Kirkpatrick stated at a committee meeting that they should push the collection of the tax to the counties and the state would take eighty percent. Commissioner Williams cautioned if the county received 20% of the diesel tax then the State may want a portion of the gas tax. Commissioner Myers stated at the committee meeting there was a statement made that the counties already saw twelve percent of the diesel tax already. He would research that through Cash Minor. AB 75 Revises provisions governing the publication of property tax rolls. Randy Brown believed the County should look at publishing the tax roll on the internet. AB 227 (BDR S-594) Creates Nevada Land Management Implementation Committee to study the transfer of public lands to the State. Randy Brown stated there was a Committee meeting tomorrow at 4 p.m. and Commissioner Dahl would be present to testify. SB202 Creates the Nevada Advisory Committee on Intergovernmental Relations as a statutory committee. Randy Brown stated this bill draft was to be heard before the Government Affairs Committee today. B. General discussion of other possible legislation. SB 343 Commissioner Myers asked that they watch SB 343 which was related to certain off road vehicles to be registered as motor vehicles intended for use upon highways and allows certain off road vehicles to be operated upon certain County roads under certain circumstances. He stated this started as a senate bill to allow ranchers coming off of one portion of their property to travel upon a state highway or county road to access another portion of their property. Commissioner Myers stated then some ATV people became involved and felt it would be beneficial for them too. He noted the current law allowed them to only travel ½ mile on a highway or County road. 5:13:20 PM: XIII. COMMISSION MEETING CALENDAR: April 3 & 4, 2013 -- Nannini Admin Bldg., Suite 102 – 1:30 p.m. April 17, 2013 – Nannini Admin Bldg., Suite 102 – 1:30 p.m.



MOTION: Commissioner Williams moved to approve the Commission meeting calendar. Commissioner Myers seconded the motion. The motion passed unanimously.

5:13:50 PM: XV. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Gerber invited them to go with him to Utah on the 9th of April. Commissioner Myers stated this Saturday there was a 2nd Amendment Rally in the park. The Police Chief has asked that there be no magazines in their weapons. Commissioner Myers attended the County Wildlife Advisory Board meeting on Wednesday night. He noted the coyote study or the Bald Mountain Mitigation Route was not on that agenda or the previous agenda. He stated the CWAB did take action on the coyote study. Commissioner Myers stated they asked why this information was not given to the CWAB for review before the meeting to make a recommendation to the County Commission. He stated the Bald Mountain gave an overview on the extension to the County Commission. He noted NDOW had performed a study on mule deer migration that they required Bald Mountain to pay for. He commented some people who have never been at the mine don’t want the mine to expand due to two migration paths around the mountain. Commissioner Myers stated they wanted 3,200 feet easement on the road and there was one area where there was only eight to ten feet because of a turn. Commissioner Myers had invited the mines CEO and Bill Upton to a Commission meeting to give them an overview. He stated 400 jobs would be impacted with that expansion. He stated the road being discussed was an Elko County road up to the White Pine County line. He stated Elko County has a maintenance agreement with Bald Mountain Mine on Elko County’s portion of the road. Commissioner Myers believed this was being addressed similar to the China Mountain issue. He stated they knew they could move the mule deer migration route because that was done on HD Summit on Highway 93 and over I-80 where they funneled the deer to the over pass. He noted NDOW made the mine pay for all the deer collars and monitoring. Commissioner Gerber noted it would bring 400 employees in but they were not considering the amount of support companies based in Elko. Commissioner Williams could not attend the Saturday rally because of a funeral but requested Commissioner Myers take something with him. He commented yesterday he took his wife to the hospital and there was a sign that said “no concealed weapon permitted in the building”. He stated that may be a gun free zone for law abiding citizens but not for the criminals. Commissioner Myers stated they were making it convenient for criminals to enter that building. Commissioner Williams hoped they could get some information to the hospital ELKO COUNTY COMMISSION REGULAR SESSION MARCH 20, 2013 PAGE 30

and suggested the administrator come to discuss this issue with the Commission. He stated there was no other form of security because hospital security did not have guns. Commissioner Guttry stated they would be holding a special hospital meeting with Mark Amodei on the 29th of April to discuss the health care issues. He stated approximately 85% of the doctors in the Elko, Carlin, Wells do not accept Medicare or Medicaid which was a huge issue. Commissioner Myers stated they would relook at their contract with the Nevada Health Care Center. He noted they contributed to the NHCC because the other doctors were not taking on any new patients and no new Medicare patients. Commissioner Guttry stated the doctors could not get paid or received insufficient payment from Medicare. He was attempting to contact Senator Heller’s Office on this issue. Commissioner Myers inquired if they had found a body in Lamoille. Sheriff James Pitts stated there was an investigation of the bloody vehicle but it may possibly be a dog. Commissioner Gerber explained Commissioner Dahl had departed the meeting early due to his Mother passing away. 5:23:56 PM: XVI. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted. 5:24:29 PM: XVII. ADJOURNMENT: MOTION: Commissioner Williams moved to adjourn the meeting.

Commissioner Myers seconded the motion. The motion passed unanimously.

There being no further business to come before the Board, the meeting was adjourned at 5:24 p.m. APPROVED, GLEN GUTTRY, Chair ATTEST: MARILYN TIPTON, Deputy Clerk



Elko County Board of Commissioners

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