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.
MAY 15, 2013
The Board of Elko County Commissioners met in regular session on
Wednesday, May 15, 2013, at 1:30 p.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
County Manager
Robert Stokes
Planning/NRMAC/Asst. Mgr. Randy Brown
Deputy District Attorney
Kristin McQueary
Deputy County Clerk
Marilyn Tipton
Chairman Guttry called the meeting to order at 1:31 p.m.
Commissioner Williams led the meeting participants in the Pledge of
Allegiance.
1:32:44 PM:
I.
COMMENTS BY THE GENERAL PUBLIC:
No comments were submitted.
1:32:46 PM:
II.
ELKO COUNTY AMBULANCE SERVICE:
EMERGENCY MEDICAL SERVICES WEEK:
Discussion and consideration of Proclamation 2013-E proclaiming the week
of May 19-25, 2013 as EMERGENCY MEDICAL SERVICES WEEK recognizing
the critically important role of Emergency Medical Services in our County.
Chris Sloman, Elko County Ambulance Director, stated this was the 40th
Anniversary of the Emergency Medical Services Week. He reviewed the events
planned during the week inclusive of the Water Hazard Awareness presentation,
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Distracted Driving Course, Pepperoni Pizza delivery and home safety inspection,
Fall Prevention Class, and they would host a luncheon at the Elko County
Ambulance Barn for all the responders on Friday.
MOTION: Commissioner Myers moved to approve PROCLAMATION 2013E proclaiming the week of May 19-25, 2013 as EMERGENCY
MEDICAL SERVICES WEEK.
Commissioner Williams
seconded the motion. The motion passed unanimously.
Kristin McQueary thanked Chris Sloman on behalf of their 4-H Club for his
presentation to the 4-H club members. She stated Chris had not only the
members but the adult enthralled with his stories.
Commissioner Guttry read the Proclamation into the record.
Commissioner Williams departed the meeting room at 1:38 p.m.
1:38:38 PM:
III.
NOBLE ENERGY:
Discussion and consideration of a presentation by Noble Energy on the Oil
and Gas Exploration Project being conducted in Elko County and introduction of
the new Project Manager.
Kevin Vorhaben, Project Manager for the Rocky Mountain Business Unit of
Noble Energy, stated he would be based out of Denver.
Commissioner Williams returned to the meeting room at 1:40 p.m.
Kevin Vorhaben gave a presentation explaining their exploration plans,
development of resources they find, and the modern oil and gas operations. He
reviewed there present operating locations and the locations of their five new
exploration areas. Kevin Vorhaben reviewed the improved drilling technology
with horizontal drilling and fracturing technology that allowed them to produce the
shale commercially. He noted they have performed two seismic shoots already
and a third shoot was scheduled. Kevin Vorhaben stated they would choose a
location to access the subsurface and apply for permits. He noted during site
preparation they upgrade the roads to bring the drilling rigs in. Kevin Vorhaben
commented when they were engineering the well there would be several pipe
setting points wherein the cement behind the pipe would insulate the well. He
noted it took 35 to 40 days to drill a well and several days to frac the well to crack
the rock. He stated these sites require fracturing to produce the oil because the
rock was too tight. Kevin Vorhaben stated during the production they would
insert tubing to monitor the production of the well. He noted they have to
maintain the well in order to produce the reserves. Kevin Vorhaben stated after
the reserve has given out the site would be reclaimed, the pad would be
removed, and vegetation would be restored. He stated in Nevada they may have
to utilize fracturing and horizontal drilling depending upon what they find. Kevin
Vorhaben stated Noble Energy has leased $350,000 acres in three different
areas with 66% being fee schedule and 34% was federal. He stated they have a
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pilot test program ready to go of five to eight wells. Kevin Vorhaben stated they
estimated 190 million barrels to 1 billion barrels of oil in the field. He stated depth
range was 6,000 to 12,000 feet below the surface. He stated they would spend
approximately $130 million dollars to gather this data from eight wells in the field.
He stated there may be 50,000 barrels per day coming from the Wilson project
by 2020. He stated their drilling time depended upon them obtaining the proper
permits.
Commissioner Dahl inquired where the nearest pipeline was.
Lee Hinman stated they would truck the oil to the refinery in Salt Lake City.
He stated the nearest pipeline was the Ruby Pipeline which was a gas line and
they expected this project to be low in gas production.
Commissioner Williams inquired if they plug the hole with concrete did
anybody verify their testing that it was a sealed hole.
Kevin Vorhaben explained they perform a pressure test and the leak
off/integrity test tells them how far they can drill to the next hole and tells them
how tight it was.
Commissioner Williams noted there was lots of opposition to this practice
and inquired if they had anyone to verify the chemicals that they use, the amount
of chemicals and where they use them to eliminate the public animosity.
Lee Hinman stated when they obtain a permit it was through the Division of
Minerals and they evaluate the mechanical integrity. He stated when they drill
the logs were reported so it was a public process.
Lee Hinman, Senior Environmental Advisor of Noble Energy, gave an
overview of the techniques they utilize to minimize the surface disturbances, how
they protect the ground water resources, how they protect the air quality and
wildlife protection measures they take. He stated they get higher oil recoveries
with the horizontal drilling and less surface disturbance. He commented with the
horizontal drilling the amount of chemicals they utilize would decrease. Lee
Hinman stated the best way to protect groundwater was through the steel and
concrete they install. He stated the casing was engineered to sustain pressure.
Lee Hinman stated they have engineers with specialized skills that monitor the
drilling of the wells. He stated they would conduct baseline water sampling
before they drill in the area and after completion to insure that the water quality in
the wells continue to be high quality water. He commented they were working
with the Division of Environmental Protection and with the Desert Research
Institute to put tracers in the chemicals to make sure during the testing that it
would show up if it came from a fracture. Lee Hinman stated there were 102
million wells fractured in this country and it has never been proven there had
been an impact from a fracture. Lee Hinman stated they would be drilling
approximately 1,000 to 1,200 feet in depth and most of the water wells in that
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region were 600 feet with only a few at 1,000. He stated those water wells would
be tested. Lee Hinman reviewed the multiple layers of cement and casing and
the production tubing isolating the produced fluids from the casing in the well
bore. Lee Hinman stated they would do successive testing of the ground water a
few months after the wells were completed on the pad and then annually
thereafter for a number of years.
Commissioner Gerber inquired where the wells would be located at.
Lee Hinman replied the Mary’s River area and outside of Metropolis. He
stated they would probably truck through Deeth. He stated they would have to
see if the bridge was engineered for the truck weights. He noted they may have
to break the rig down if the underpass was insufficient. Lee Hinman stated a
major issue was water sourcing for the fracing and the plan was to use the local
landowners’ wells that were permitted. He stated in the DJ Basin the fracturing
water was recycled and stored for the next frac job. Lee Hinman stated they
were testing a mobile system which would travel with them and minimizes the
use of water to operate. He stated they had partnered with Desert Research
Institute to look into the hydrology in these basins to protect the basins. He
stated their reports would be shared with the Department of Environmental
Protection. Lee Hinman stated 98% of what they pump was water and sand. He
gave an overview of the chemicals utilized in fracing. He noted Noble Energy
helped developed the Fracfocus Program which was a chemical disclosure
program. He stated the Energy Commission and the Nevada Division of
Minerals were their partners on the program. He stated they would produce
water with this process and they can retreat and reuse the water if there were
commercial disposals. He commented the current plan for the project was to
truck the fluid to Utah because there were underground injection wells in Utah.
He stated the Class II wells would be constantly monitored and recorded. Lee
Hinman stated they planned on using emission controls. He stated through the
Division of Environmental Protection they take steps to reduce surface area
disturbance, permitting and working best available practices to reduce truck
traffic, and for using dust suppression techniques on the roads. He stated they
would reduce truck speeds to reduce the dust. He commented they were
conducting several surveys on the species of concern such as pigmy rabbits and
sage grouse. He stated they would design their roads and pads to avoid active
leks and wildlife corridors. Lee Hinman stated they were looking at third party
surveys and in the initial area there were no leks. He stated they were looking at
fire prevention techniques they may use and work closely with the BLM which
had best management practices established for this area. Lee Hinman gave the
Commissioners a list of web sites regarding the industry’s operations.
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Commissioner Dahl noted they were 34% upon federal land and the BLM
told the Commission that 90% of everything north of the Interstate was off limits
for oil and gas because of the interim management policy. He inquired how
much difference would it make to their company or to their exploration if they
were not limited to 10% of the federal land.
Lee Hinman stated that would be difficult to tell because they were in the
exploration program and did not know if those areas would be productive. He
stated they were working with BLM to obtain permitting and that process was
proceeding.
Commissioner Dahl inquired if those were older leases before the BLM
Interim Policy went into effect.
Lee Hinman stated they were before 2011. He believed they do have
recent leases with the BLM.
Commissioner Myers inquired if there were any roadblocks.
Lee Hinman stated there were no roadblocks but they had a steep learning
curve with the new State regulations. He stated they were new to Nevada but
were working well with the State agencies.
Commissioner Myers inquired how far out could they perform horizontal
fracing. Kevin Vorhaben replied the longest was 10,000 feet but that depended
on the cost because it cost more to drill horizontal. Lee Hinman stated the depth
also hampers how far you can drill horizontally. He noted all states have spacing
requirements. He believed Nevada’s spacing requirement was 80 acres spacing.
Commissioner Dahl inquired if they have private and public lands did the
BLM accept the NDEP regulations.
Lee Hinman stated they deal with overlapping regulations and obtain
permits from both bodies.
Commissioner Williams inquired if there was a road maintenance contract.
Randy Brown stated they sent the contract back yesterday. He noted Otis
had sent in comments and he was waiting for comments from Kristin McQueary.
Randy Brown inquired if they had worked out a private agreement with regards to
the private lands and placement of reclamation bonding for the wells drilled.
Lee Hinman replied they had bonding requirements under the Nevada
Division of Minerals for plugging, abandoning and reclamation of the area.
Commissioner Gerber inquired how many employees they presently had in
Elko County.
Lee Hinman replied they had one permanent employee and they have
numerous sub-contractors.
Kevin Vorhaben stated they would now bring in the people to do the roads.
Commissioner Guttry stated the Commission supported diversification in
the County and thanked them for coming to Elko County.
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Commissioner Williams inquired if they were looking for anything specific
when they test the water wells.
Lee Hinman stated they were looking at changes in the water and DEP had
requirements. He stated the Desert Research Institute had put in a salt tracer in
the fluid that was not normal to this region. He stated in several areas in Nevada
there were issues with arsenic but that was not a chemical they use.
Harry Botsford stated when there was drilling in the Fort Worth area the
major complaint was noise in a residential area. He inquired how they would
address the noise issues.
Lee Hinman stated they were dealing with the noise issue in Colorado and
sound baffles were being placed in those areas.
Kevin Vorhaben stated on June 10th they would start building roads to their
first pad. He stated in mid-August and September they hope to have a rig
deployed.
Commissioner Williams inquired if they allowed tours to view their work
areas.
Kevin Vorhaben stated they would try to schedule a tour.
2:39:10 PM:
IV.
NEVADA NORTHERN RAILWAY (NNRY):
Discussion and consideration of a request for Elko County support for a
proposal by NNRY to apply for a US Department of Transportation TIGER grant
to reopen the rail line from Ely to the Union Pacific Rail Line at Shafter in Elko
County.
Roger Bowers, a member of the Northern Nevada Railway Board of
Directors, stated they were a tourism railroad. He commented in 2006 Congress
designated the Ely yards as a National Historic Landmark. He stated for the last
three years they had been attempting to open the railway from Shafter into Ely
and on to the Robinson Mine. He stated track from Shafter to Currie was
operational and rehabbed three years ago with private investment. Roger
Bowers stated the NDOP had previously paved over the tracks and announced
thirty days ago the availability of funding through a TIGER Grant. He stated they
have contracted with a professional grant writer to help them apply for a grant
that would enable them to rehab the crossings. Roger Bowers believed there
would be economic benefits to both White Pine and Elko Counties and it would
increase highway safety. He stated they would apply for $10 to 15 million dollars
based on costs to rehab the two railroad crossings. He noted the application
deadline was June 3, 2013. He commented phase two in a couple of years,
depending upon funding, was to rebuild the railroad. He noted the track in place
presently was useable but they have a maximum speed limit of 10 miles per
hour. He noted it would take 10 hours to travel from Robinson to Shafter but it
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would get the trucks off the Highway and save in fuel costs. Roger Bowers
stated the fuel costs to truck copper concentrate from Robinson Mine to
Wendover, Utah would be $12 million dollars from Ely to Wendover but they
could put it on the rail and do it for approximately $2 million dollars. He stated
they have already been in contact with the NDOT to find out what their
requirements were such as upgrading to modern signals and warning lights ½
mile away at the Currie Crossing. He stated they would have to widen the
highway to four lanes to allow the tanker trucks and busses to stop. Roger
Bowers did not anticipate a lot of train traffic and anticipated one train a week.
He displayed pictures of the historic items and buildings still remaining at the
Currie Crossing which may be restored.
Roger Bowers displayed pictures of the Club 50 crossing between Ely and
McGill. He stated two and one-half years ago the crossing was rehabbed. He
stated since Lages Junction was closed the Currie Crossing’s owner was
considering reopening because there was nothing between Wells and Ely. He
stated they were into the permitting process for Victoria Copper Mine and hoped
to be running by the end of the year. He stated as a partner of the Victoria
Copper Mine they support the railroad.
Roger Bowers stated the Governor was preparing a letter of support and
they had support from the congressional delegation. He noted White Pine
County and the City of Ely have sent letters of support. He commented both
mines supported the reopening of the railroad. He requested a letter of support
from the Commission before the end of the month.
Roger Bowers noted Mark Bassett, their Director, had appeared six times
on the TV program American Restorations and it has resulted in getting more
visitors to Ely to view the railroad. They believed this railroad restoration would
be a long term benefit to Elko, White Pine and Eureka counties. He noted the
grant did not require matching funds. He stated Robinson Mine had offered $4
million dollars’ worth of gravel as ballast and a private investor has offered them
railroad ties.
Commissioner Gerber stated his grandfather had the contract to build the
Western Pacific Railroad Grade in 1907 from 16 miles at Elburz to the California
border with mules and horses. Commissioner Gerber commented he was a
fireman for Western Pacific from 1960 to 1961. He inquired what they would use
for the engine.
Roger Bowers stated they have two diesel locomotives that were
operational and they were talking to other short line railroads who have the
necessary equipment that could be leased.
Commissioner Williams supported the railroad but noted the County just
abandoned County maintenance at Shafter.
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Otis Tipton explained the portion within the railroad right of way the County
stopped maintaining when the town left. He stated they do maintain up to the
railroad right of way.
Commissioner Williams believed there would be more traffic on that road.
Otis Tipton stated they had brought out loads from Ely to Shafter previously
and they had no problems. He noted the issue was the increase in traffic from
Wells to Wendover with the drilling exploration.
Otis Tipton noted the Cherry Creek Crossing was the County’s and would
have to be upgraded. He stated they would be dealing with the Public
Transportation System.
Commissioner Dahl inquired what they would do with the piece between
Shafter up north to Cobre.
Roger Bowers replied nothing; there was no need for it because they would
connect with the Union Pacific at Shafter. He stated they estimated $4 million
dollars to rehab the Currie Crossing.
MOTION: Commissioner Gerber moved to send a letter of support for the
proposal by Nevada Northern Railway to apply for a US
Department of Transportation TIGER Grant to reopen the rail line
from Ely to Shafter in Elko County. Commissioner Williams
seconded the motion.
Roger Bowers submitted a handout giving them information for their
drafting of the letter of support.
The motion passed unanimously.
3:08:30 PM:
ELKO COUNTY TREASURER’S OFFICE:
Acceptance of the Treasurer’s affidavit that delinquent tax notices were
mailed in accordance with NRS 361.5648.3
Rebecca Erickson had sent out 4,646 letters and 104 had been returned
undeliverable. She stated they were implementing a program to cross reference
with a national change of address data base through the Post Office. She stated
they send out 46,000 tax bills and the collection rate was 97 to 98 percent.
MOTION: Commissioner Myers moved to accept the Treasurer’s Affidavit
that the delinquent tax notices were mailed in accordance with
NRS 361.5648.3. Commissioner Williams seconded the motion.
The motion passed unanimously.
3:10:46 PM:
RECESS
Chairman Guttry recessed the meeting at 3:10 p.m.
3:23:05 PM:
RECONVENED
Chairman Guttry reconvened the meeting at 3:23 p.m.
V.
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Chairman Guttry relinquished control of the meeting to Wildlife Chairman
Myers.
3:23:08 PM:
VI.
WILDLIFE MANAGEMENT ISSUES:
Sage Grouse Management Issues
In accordance with the Elko County Greater Sage Grouse Management
and Conservation Strategy Plan, additional discussion, consideration and update
of the Pilot Projects on the Devil’s Gate Ranch east of Elko, Nevada and on the
South Fork Band Reservation at Lee, Nevada including field trips planned for
May 17th and 18th.
Commissioner Gerber stated the Elko Daily Free Press reported they would
leave at 9:00 a.m. but they were scheduled to leave here at 8:00 a.m., so there
may be a correction in the newspaper. He commented Robert Stokes, Michele
Petty and Randy Brown had put the presentation together and Randy Brown
would make the presentation at the Devils Gate Ranch. He stated Gilbert
Temoke would make the presentation at South Fork. He reported that Lou Ann
Adams, Box Elder County, Utah Commissioner, would attend the field trip.
Randy Brown had not spoken to Jill Silvey but the BLM would be present at
the field trip. He stated Brian Fuell would be in Idaho.
Commissioner Guttry requested a list of participants.
Robert Stokes stated they would have a sign-in/contact sheet and once
they come back Friday afternoon Commissioner Myers would introduce everyone
inclusive of Todd Black and the dignitaries.
Robert Stokes stated Commissioner Dahl would be at the NACO meeting
tomorrow. He noted every weekend there were events going on in this area and
it was difficult to pick a time not to conflict with events.
Wildlife Chairman relinquished control of the meeting to Chairman Guttry.
3:28:33 PM:
VII.
ELKO COUNTY NATURAL RESOURCES MANAGEMENT (NRMAC):
Discussion and consideration of a NRMAC recommendation that the
County Commission request that the BLM and USFS consider actions on a statewide basis to expedite the EA/EIS and NEPA process during extenuating
circumstances by specifically identified fire treatments in order to accomplish
rehabilitation in a timely manner.
Randy Brown stated NRMAC had discussed the amount of time it took the
BLM or Forest Service to get through the NEPA process. He commented there
was a suggestion that the State Director could speed up the NEPA and EIS
process or go under a Statewide Disaster. He reported there was a NRMAC
motion to recommend to the County Commission to ask the BLM and the Forest
Service consider actions on a statewide basis to expedite their EA, EIS or NEPA
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process during extenuating circumstances on specifically identified fire
treatments in order to accomplish rehabilitation in a timely manner.
Jill Silvey, BLM Elko District Office Manager, inquired what their
expectation was because whenever there was a fire they were required to do an
emergency stabilization plan within seven days.
Randy Brown stated this was more in reference to grazing allotments
closures wherein the allotments had been closed for over three or four years.
Jill Silvey inquired if the concern was about because the allotment was
closed or because it took them a long time.
Randy Brown stated the concern was the length of allotment closures after
the rehab because of the NEPA process after the rehab. He explained that if the
allotment had been closed due to a fire it was normally closed for two years and
then had to go through the NEPA process after that. He noted there were four
separate areas closed that they discussed at their last meeting. He commented
NRMAC has an average of three or four closures to discuss at their meetings for
the last six months. Randy Brown commented the concern was when they were
taking a lengthy time to open up then fire fuels reestablish and they would burn
again.
Commissioner Myers inquired what happened if there was not permanent
damage.
Commissioner Williams stated sometimes they fence a portion of the
burned area and not close the entire allotment.
Randy Brown stated an EIS or EA determined when it would be closed. He
commented closures continue to happen and the fire fuels build up in two years
and the allotment burns again. He stated the Governor can reestablish grazing
under an emergency act.
Jill Silvey explained the BLM process when there was a fire they file for
emergency stabilization funding and the rehab plan had to be submitted within 30
days. She stated they perform the Environmental Assessment concurrently. She
noted when they have the funding in place; they do the rehab in the fall. Jill
Silvey stated depending upon what the soil conditions were and what sort of
vegetation was there previously they make the decision whether or not to close
off an area to grazing. She stated they could close a portion of the allotment.
Commissioner Williams noted the Forest Service had told them they could
have a categorical exclusion.
Randy Brown stated it had to have specific criteria.
Jill Silvey stated they can use categorical exclusion for small areas. She
displayed a map and photos of the Emergency Stabilization Rehab treatments
performed between 2005 and 2007. She commented normally they close the
area for two years to establish the plant species.
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Commissioner Guttry inquired what the cost was for reseeding.
Commissioner Dahl replied $20.00 per acre.
Jill Silvey replied the type of seeding whether they perform drill seeding or
from the air depended upon the topography and the time.
Randy Brown referred to a closure period established for an allotment with
regards to the Willow Fire, the Tuscarora Pasture. He noted the closure period
was three years after reseeding. He stated the issue they were trying to get
across was within three years the grasses would be more susceptible to fires.
He commented the NRMAC committee has heard of similar closures over the
last six months and it averaged about 2 or 3 allotments closures per meeting. He
stated the BLM extends the closure period to three or four years on some of the
allotments.
Commissioner Williams noted up north the same area has burned three
times in 18 years and each year it burns it takes most everything out of the soil.
Jill Silvey suggested they do more green stripping and more fuels
treatment. She stated it was unusual to have a three year closure and was
curious why they would do a three year rather than a four year. Jill Silvey stated
it was not NEPA that was the impediment.
Randy Brown stated under the NEPA process it establishes the closure
period. He stated they questioned why they sat upon the allotments for three
years to allow them to burn again.
Jill Silvey stated if the issue was the County Commission or NRMAC did
not agree with the 2 or three year period they should submit comments. She did
not believe it was a delay in the NEPA process it was they were making an
ecological decision. She stated they were trying to rest the area to reestablish a
more fire resistant regime.
Commissioner Guttry understood the BLM go in after a fire and the
biologist, range conservationist team meets with allotment permittee and they
come up with an agreement with the permittee. He stated they usually do some
fencing, some reseeding and agree to closure of a portion of the allotment for
one or two years and at the end of that period it reopens. He understood there
was no big environmental analysis.
Randy Brown stated these closures were established under the NEPA
process.
Commissioner Dahl stated if the District Ranger and permittee could make
the decision they could do targeted grazing to graze off the cheat grass before
the crested wheat or whatever they had seeded comes on. He stated then they
could take the fuel off and move the cattle out instead of staying off of it the entire
time and the fuel builds up. He believed they need to change the season of use
after the fire.
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Randy Brown noted the closure was advertised through the NEPA process
and they establish which areas would be reseeded, how long the grazing would
be off of it. He stated they were losing 600,000 acres of land from grazing per
year due to this process. He commented the land was burning over and over
again. Randy Brown believed the Governor could take action under a disaster
act could get the grazing back on the land sooner to get those fire fuels off the
public lands. He stated that was what this recommendation addressed.
Randy Brown stated John Carpenter was asking the Commission to write a
letter to the BLM and Forest Service to expedite the process on a statewide
basis.
Jill Silvey stated if the issue was they did not agree with the time the
closure was.
Randy Brown stated they were also asking the BLM to understand the
extenuating circumstances and every allotment should not be closed three years
after a fire. He stated living here they understand what was going on with the
land and these ranchers were not agreeing with closures and they were not
being afforded the courtesy of being listened to when it comes to the
stewardship. He stated they have the right to appeal it but questioned if there
was ever any appeal granted.
Commissioner Dahl stated if the BLM opened up the allotment to take off
the cheat grass when it was needed then Western Watersheds Project would sue
them. He stated the BLM would have to have the backbone to stand up to
Western Watersheds Project.
Jill Silvey understood their concern was about the amount of time the lands
were being rested and the citizens of Elko County having the opportunity to
comment within the time clip.
Randy Brown suggested he and Jill Silvey meet and discuss this issue a
little deeper.
Jill Silvey stated they have a commitment to this Commission that the BLM
was doing things according to the laws and regulations of the BLM and also
doing things that were customer friendly. She stated if there was reality or
perception that the BLM was not being inclusive to the Commission or the
citizens of Elko County then that was something that she would like to address.
She commented the projects that came before NRMAC those were the actual
closures so that was the opportunity for the Commission and the citizens to
comment.
Randy Brown stated one of these fires happened a year and a-half ago and
now they proposed closure for three years. He would submit this allotment
information to Jill Silvey.
Jill Silvey stated that was common.
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Commissioner Gerber encouraged them to read Assembly Joint Resolution
No. 2 sponsored by Senator Goicoechea and Assemblyman Ellison. He had
testified at the hearing and the bill basically limits the closure of public lands for
the purpose of wildfire suppression to two growing seasons. He noted after the
first growing season cheat grass should be grazed early on but it was difficult to
reduce it down to two growing season. He noted there were several allotments
that have been closed for four or five years and now there were some that were
closed three to four years. Commissioner Gerber stated there was a study on
1,700 acres by researchers at the University of Reno that showed late season
grazing reduced the amount of cheat grass that could fuel a fire of 500 pounds
per acre to 25 pounds per acre. He stated they have been promoting increased
grazing because there was so much old fuel. He noted Saturday they would take
a trip on the Devil’s Gate Ranch and would observe the northern region where
there had been a burn but the grazing had been allowed but it was too limited.
He stressed that if they allow them to return to grazing it would have to be
heavier than it has been or they would still burn it again.
Jill Silvey believed they could do a better job of preventing fires and if
grazing was simple they would be in a much better place. She stated grazing
was very complicated and taking studies from one area and transferring them to
another place did not transfer very well.
Commissioner Gerber stated three years ago at the Tomera Ranch they
were standing in grass that was waste high and they were unable to graze that
allotment.
Jill Silvey stated there would be a BLM representative present on Saturday,
Mike Ford, their Fire Management Officer and on Friday Rich Adams would be
present. She stated they were interested in their perspectives on the pilot
project.
Commissioner Myers suggested when the NRMAC meeting was done then
send the minutes to the BLM so they can submit answers by the next meeting to
reduce the time frame.
Randy Brown reminded them that NRMAC was an advisory board.
Commissioner Myers suggested Randy Brown send letters when an issue
was brought up dealing with a federal agency at NRMAC and schedule it upon
the next Commission meeting to shorten the time frame. He believed Randy
Brown could speak with the BLM or the Forest Service representatives to get an
answer to NRMAC’s questions. Commissioner Myers inquired if a fire burned an
allotment and the BLM did not do rehab how long would it be before that
allotment would be useable land.
Commissioner Dahl stated Jill Silvey was strapped with the NEPA process
that takes all the common sense out of it.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 13
Commissioner Gerber stated he was an official Nevada Department of
Wildlife sage grouse counter and the lek they took them to demonstrate the
counting method was an old seeding of crested wheat. He believed there was a
mistaken opinion that they had to have a massive amount of sage brush for the
sage grouse.
MOTION: Commissioner Dahl moved that we commission Randy Brown to
write the letter to the State Director of the BLM, to Jill Silvey in
the Elko Office, to the Forest Service Supervisor and the
Congressional delegation. Commissioner Myers seconded the
motion.
Commissioner Gerber encouraged them to include AJR 2 verbiage within
the letter.
The motion passed unanimously.
Wildlife Chairman Myers relinquished control of the meeting to Chairman
Guttry.
Chairman Guttry relinquished control of the meeting to Public Lands Chair
Dahl.
4:05:13 PM:
VIII. AMERICAN LANDS COUNCIL:
Discussion and consideration of update on activities related to the
American Lands Council including discussion of the status of AB 227 - Creates
Nevada Land Management Implementation Committee to study the transfer of
public lands to the State. Any financial requests will be required to be on a
successive agenda.
Commissioner Dahl stated tomorrow morning the bill will be in the
workshop. He felt the bill had support but the lack of a fiscal note delayed it. He
stated Chairman Spearman was concerned that Clark County may have to pay
more than any other county. He stated NACO wrote a letter stating they would
handle the costs.
Commissioner Williams noted that Chairman Guttry had questioned on the
radio how could anybody be against a study to research the public land being
turned over to the State. He noted there was an error on the agenda item where
it talks about the implementation committee but it was actually a task force.
Public Lands Chairman Dahl relinquished control of the meeting to
Chairman Guttry.
4:08:28 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
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 14
to the Southern Nevada Water Authority pipeline project, the Central Nevada
Regional Water Authority activities and issues including any requests of nonfinancial support or participation. Any financial requests will be required to be on
a successive agenda.
Commissioner Dahl stated there was no enthusiasm for cloud seeding on
the part of the other counties.
Commissioner Guttry noted they committed funding except Eureka.
Commissioner Dahl stated there were caveats that if the State agreed to
take over the project. He noted if the State did not agree to it then Elko County
was the only commitment. Commissioner Dahl stated the Humboldt River Basin
Authority wanted each County Commission to send a letter to the Governor
urging him to declare Nevada a drought area so that federal funding would be
available.
Commissioner Dahl’s stated there was one provision that if they have to
sell livestock because of the drought then they can defer tax on it if they reinvest
in livestock within a certain period of time. He stated a lot of the people think the
drought program was important.
Commissioner Guttry stated the draft resolution would be on the next
agenda.
Commissioner Gerber stated the Southern Nevada Water Authority would
attend the sage grouse tours this weekend.
4:12:00 PM:
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).
SB 343
AN ACT relating to motor vehicles; allowing certain off-highway vehicles to
be registered as motor vehicles intended for use on a highway; requiring the
owner of an off-highway vehicle registered as a motor vehicle intended for
use on a highway to obtain and maintain insurance on the vehicle; allowing
certain off-highway vehicles to be operated on certain county roads under certain
circumstances; providing a penalty; and providing other matters properly
relating thereto.
Robert Stokes stated introduced by Assemblyman Ellison regarding
licensing and registration for larger ATV vehicles. He stated there may be an
amendment coming because the bill would allow all minor county roads be
included unless there was a Resolution so they do not have the final verbiage on
the legislation.
X.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 15
Commissioner Williams reviewed the legislation and not only would it
address side by sides but anything that had the capacity to seat four people or
have a pickup-bed.
Robert Stokes had spoken to Senator Goicoechea there was some
discussion upon what the definition of a vehicle would be.
Commissioner Williams questioned what roads the vehicles could be used
upon general or minor county roads and not major roads. He stated it would be
hard for the people who have this particular registration to make a decision
whether they were upon major, general, or minor County roads.
Commissioner Myers stated the original intent was for the rancher going
down ½ mile to irrigate, etc. He noted the ATV groups and enthusiast wanted to
use the minor county roads to get from one trail to another trail. He believed the
County roads should be useable unless marked. Commissioner Myers stated in
other states the ATVs were allowed to travel those roads and people were used
to seeing them on the roads.
Commissioner Dahl was told there was a liability problem.
Commissioner Williams stated currently they have people driving ATVs on
the County roads and if the people were not driving too fast and doing dumb
things they would be stopped and would not normally cite them. He stated if they
open this up then the officers could cite them and not only for police officers but
for BLM or Forest Service officers could cite them. He noted not only the person
driving the ATV could be but the owner of the ATV could be cited.
Harry Botsford stated the eastern states went to licensing. He noted that
they use side by sides to go to the Post Office box and would like to promote this.
Commissioner Williams stated they would have to have special equipment
on those vehicles if the bill was approved.
SB 227
AN ACT relating to municipalities; authorizing the governing
body of a municipality to acquire, improve, equip, operate and maintain a natural
gas project and a propane gas project; and providing other matters properly
relating thereto.
Robert Stokes stated this would allow local government to bond for a gas
project. He stated Wendover was looking at natural gas projects. He
recommended support of this legislation.
SB 202
AN ACT relating to governmental administration; creating the
Nevada Advisory Committee on Intergovernmental Relations as a statutory
committee; setting forth the membership and advisory duties of the Committee;
and providing other matters properly relating thereto.
Robert Stokes stated this would set up an intergovernmental relations
advisory committee for communication between state agencies and local
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 16
government. He stated NACO supported this bill and he recommended their
support of this legislation.
AB 75
AN ACT relating to property tax; revising provisions governing
the publication of property tax rolls and providing other matters properly relating
thereto.
Robert Stokes stated this allowed the property tax roll to be published on
the County web site and notification in a local newspaper that would state it was
available. He stated 10 copies would be printed to be given out freely. He stated
this was a financial savings and anyone could walk into the Assessor’s Office
and request this information. Randy Brown stated the Assessor’s Office
recommended support of this legislation.
SB 202
Commissioner Myers requested clarification of the bill verbiage.
Robert Stokes noted it would set up to open lines of communication
between the state and the local representatives to discuss issues that interact
between the two. He noted this was brought up because in the past when the
state passed legislation that effected county government due to the verbiage in
the legislation.
SB 343
Robert Stokes suggested they gather more information on this legislation
because amendments may be added. He recommended the County Manager
and two Commissioners review those amendments.
MOTION: Commissioner Myers moved to support through letter or what
was required SB 227, SB 202 and AB 75 and that we have the
County Manager and two Commissioners review any changes to
SB 343 and develop a letter of support if needed and have one of
those Commissioners sign it. Commissioner Williams seconded
the motion. The motion passed unanimously.
B.
General discussion of other legislation.
Robert Stokes stated SJR 15 was still out there and SB 400 was still out
there.
Commissioner Myers inquired about AB 345 with regards to syphoning off
the predation money from the sportsmen. He asked that bill be reviewed.
Randy Brown departed the meeting room.
4:26:32 PM:
XI.
ELKO COUNTY FISCAL AFFAIRS:
Discussion and consideration of the authorization of an employee buyout
package for the Human Services Director in accordance with current County
Policy.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 17
Commissioner Myers stated there was a discussion at the budget
committee where they have an employee who had requested a buy-out. He
stated they need to get the full board’s permission to buyout and immediately
advertise for the position. He stated the money would come from present day
funds.
Debbie Armuth stated they would be using contingency funds and it met
the criteria under the current policy for paying back the cost over a three year
period.
MOTION: Commissioner Williams moved to authorize an employee buyout
package for the Human Services Director. Commissioner Dahl
seconded the motion. The motion passed unanimously.
4:29:04 PM:
XII.
SETTLEMENT AGREEMENT AUTHORIZATION:
Discussion and consideration of authorization for a settlement in the
amount of $1,401.38 to settle personnel grievance litigation for Marcy Logsden.
Robert Stokes stated counsel had requested that this be tabled.
MOTION: Commissioner Myers moved to table the authorization of a
settlement for Marcy Logsden. Commissioner Dahl seconded
the motion. The motion passed unanimously.
4:29:23 PM:
XIII. ELKO COUNTY CODE:
DOMESTIC ANIMAL DEFINITION:
Discussion and consideration of the first reading of Ordinance 2013-1, Bill
A, entitled, AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 9,
OF THE ELKO COUNTY CODE, TO ADD DOMESTIC ANIMALS IN
ALPHABETICAL ORDER TO THE LIST OF DEFINITIONS, AND ALL OTHER
MATTERS RELATING THERETO.
Kristin McQueary stated this was a housekeeping issue; they had no
definition for domestic animal under our zoning codes.
Commissioner Myers inquired about putting animals in the Spring Creek
Association.
Commissioner Gerber stated the SCA Architectural Committee governed
the number of animals within the SCA boundaries.
Kristin McQueary stated it may be a violation of zoning if it was a
commercial operation under Ag-residential zoning.
MOTION: Commissioner Myers moved to approve the First Reading of
Ordinance 2013-1, Bill A, entitled, AN ORDINANCE AMENDING
TITLE 4, CHAPTER 1, SECTION 9, OF THE ELKO COUNTY
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 18
CODE, TO ADD DOMESTIC ANIMALS IN ALPHABETICAL
ORDER TO THE LIST OF DEFINITIONS and set for second
reading. Commissioner Williams seconded the motion. The
motion passed unanimously.
4:32:19 PM:
XIV. COMMISSION MEETING CALENDAR:
May 17 & 18, 2013 – Sage Grouse Pilot Project Tours
May 20, 2013 – Final Budget Hearing -- Nannini Admin Bldg., Suite 102 –
4:00 p.m.
June 5 & 6, 2013 -- Nannini Admin Bldg., Suite 102 – 1:30 p.m.
June 19, 2013 – Nannini Admin Bldg., Suite 102 – 1:30 p.m.
Commissioner Dahl would be present on May 20th by phone if there was no
quorum.
MOTION: Commissioner Williams moved to approve the Commission
Meeting Calendar. Commissioner Myers seconded the motion.
The motion passed unanimously.
4:33:11 PM:
XV. CONSENT AGENDA:
A.
Presentation and review of claims for approval.
B.
Approval of Minutes: March 20, 2013.
C.
Sheriff Department Step Increases: Richard Lespade, Mariah Drake,
and Shawn Sherwood.
MOTION: Commissioner Dahl moved to approve the Consent Agenda.
Commissioner Myers seconded the motion. The motion passed
unanimously.
4:33:37 PM:
XVI. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Commissioner Williams stated he would be here Friday for the tour.
Commissioner Myers noted they received a Veteran Memorial thank you
card from the City with picture of the memorial. He suggested they send a card
or flowers for Dorothy Gallagher.
Commissioner Myers sent them a
recommendation on the radio program to be discussed later. He had attended
the Elko County Wildlife Advisory Board meeting and the CAB recommended a
10% reduction in the NDOW reduction numbers for mule deer. He stated local
representatives were at that CAB meeting. He noted they went to the NDOW
Commission meeting and made a motion to approve the quotas as stated and
never mentioned the cab vote.
Marilyn Tipton commented that Eleanor would be present on Monday to
record their meeting.
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 19
Commissioner Guttry had attended the Hospital Board Retreat wherein
they discussed health care. He cautioned them there will be issues in the future
with Medicare and Medicaid. He stated there would be further cuts in the
Medicare so no doctors would be taking those patients.
Commissioner Gerber stated he could not get a doctor in Elko because
they would not take new Medicare patients
4:34:90 PM:
XVII. COMMENTS BY THE GENERAL PUBLIC:
No public comments were submitted.
4:37:50 PM:
XVIII. ADJOURNMENT:
MOTION: Commissioner Dahl moved to adjourn. Commissioner Myers
seconded the motion. The motion passed unanimously.
There being no further business to come before the Board, the meeting
was adjourned at 4:37 p.m.
APPROVED,
GLEN GUTTRY, Chair
ATTEST:
MARILYN TIPTON, Deputy Clerk
ELKO COUNTY COMMISSION
REGULAR SESSION
MAY 15, 2013
PAGE 20