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PUBLIC     MEETING     NOTICE

 The Board of County Commissioners, County of Elko, State of Nevada, will meet in regular session on Wednesday, January 4, 2012 at 1:30 p.m. and Thursday, January 5, 2012 at 1:30 p.m. in Suite 102 of the Nannini Administration Building, 540 Court Street, Elko, Nevada.  All times Pacific Time.

 

Attached with this Notice is the Agenda for said meeting of the Board.
This Notice is posted pursuant to N.R.S. 241 as amended by the 2011 Legislature.
This Notice is to be posted at the following places no later than December 29, 2011:
     COUNTYMANAGER’S OFFICE
     ELKOCOUNTYCOURTHOUSE
     ELKOCOUNTYLIBRARY
     ELKOCONVENTION CENTER
     ELKOCITY HALL

 

                                   NOTICE TO PERSONS WITH DISABILITIES
Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the Board of County Commissioners, County of Elko, in writing at 540 Court Street, Suite 101, Elko, Nevada 89801, e-mail: mpetty@elkocountynv.net, or by calling (775) 738-5398.

 

  ____         _                                                          
ROBERT K. STOKES
Elko County Manager
December 28, 2011


 


ELKO COUNTY BOARD OF COMMISSIONERS
COUNTY OF ELKO, STATE OF NEVADA
REGULAR MEETING
NANNINI ADMINISTRATION BUILDING, SUITE 102,
540 COURT STREET, ELKO, NEVADA 

 -------------------------------------------------------

                                              Wednesday, January 4, 2012

 

 IN ACCORDANCE WITH NRS 241, THE COMMISSION MAY: (I) CHANGE THE ORDER OF THE AGENDA, (II) COMBINE TWO OR MORE AGENDA ITEMS FOR CONSIDERATION, (III) REMOVE AN ITEM FROM THE AGENDA OR DELAY DISCUSSION RELATING TO AN ITEM ON THE AGENDA AT ANY TIME, (IV) AND IF THE AGENDA IS NOT COMPLETED, RECESS THE MEETING AND CONTINUE ON ANOTHER SPECIFIED DATE AND TIME.    THE PUBLIC CAN COMMENT ON ANY AGENDA ITEM BY BEING ACKNOWLEDGED BY THE CHAIR WHILE THE COMMISSION CONSIDERS THAT AGENDA ITEM.

____________________________________________________________________________

  

1:30 P.M.              --          CALL TO ORDER

 

                              --          PLEDGE OF ALLEGIANCE

  

I. -- COMMENTS BY THE GENERAL PUBLIC:                                            NON-ACTION
Pursuant to N.R.S. 241 this time is devoted to comments by the general public, if any, and discussion of those comments.  No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.

 

II. --  ORGANIZATION OF BOARDS:                                           FOR POSSIBLE ACTIONS
A. --     Commission Chair and Vice-Chair
B. --     Highway Board Chair and Clerk
C. --     Liquor Board Chair (Normally Commission Chair)

 

III. --  COMMISSION BOARD ORGANIZATION ASSIGNMENTS: 
                                                                                                             
FOR POSSIBLE ACTIONS
A. --     Hospital Board member – Currently Glen Guttry
B. --     Recreation Board member – Currently Glen Guttry
C. --     Elko Convention and Visitors Authority Board (ECVA) member
            
Currently Charlie Myers
D. --     Museum Board member – Currently Jeff Williams
E. --     NACO Board of Directors member – Currently Demar Dahl
F. --     Adjustment to other Board Assignments as listed in Commission and Committee Reports Section of this agenda including discussion of State Open Meeting Law requirements related to County Commission appointments of two or more members to committees or boards.

 

IV. --  OTHER APPOINTMENTS:                                              FOR POSSIBLE ACTIONS
A. --     Elko County Planning and Zoning Commission:   (Pursuant to NRS 278.030):
Appointment of four representatives to a term of four years with terms expiring December 31, 2015.  Jack Larason, Richard Genseal, David L. Hough and Dena Hartley request reappointment for another term.

B. --     Elko Senior Activity Programs Board:
Appointment of an individual with a term expiring December 31, 2014.   Ray P. Smith request reappointment for another term.

C. --     Elko County Fair Board:
Appointment of one (1) person with a term expiring December 31, 2015.  Walter Winchell request reappointment for another term.

D. --     Elko County Advisory Board to Manage Wildlife: 
Appointment of two (2) persons with terms expiring December 31, 2014.  Ken Wellington and Tom Barnes request reappointment.

E. --     Elko County Natural Resource Management Advisory Commission (NRMAC):
Appointment of two members with terms expiring in December 31, 2015.  Craig Spratling and Orson Tingey request reappointment to NRMAC.

F. --      Elko County Library Board of Trustees:
Appointment of one member with a term expiring December 31, 2015:  Lane Diedrichsen requests reappointment.

 

V. --  ELKO TOWNSHIP JUSTICE OF THE PEACE:                   FOR POSSIBLE ACTION
Discussion and consideration of the replacement process or appointment for the vacancy created by the Governor appointment of Elko Township Justice of the Peace, Alvin Kacin, as the Department 2 District Court Judge and all other matters related, thereto.

Senior Judge Barbara Nethery is currently hearing matters before the Justice Court.  The current term ends December 2012.  The election filing period for the new term is January 3 through January 13.  The new term begins January 2013.  The County Commission may provide direction with regard to filling the vacancy in the Justice Court.  Options include extending the period for Senior Judge support, appointment of an individual immediately, setting up an application process for those interested in appointment, or other considerations. 

 

VI. --   ELKO COUNTY LIBRARY BOARD OF TRUSTEES:       NON-ACTION
Report and review of Board of Trustees activities and minutes including issues related  to the continuing operation of the County Library and all other matters related, thereto.
Law Library Minutes    Library Minutes

                                                                                                            

VII. --  ELKO COUNTY SHERIFF’S OFFICE:
 A. --     Discussion and consideration of authorization to apply for an Office of Criminal Justice Assistance- Justice Assistance Grant Program (JAG) grant for equipment to support the state-wide project which will allow the Sheriff’s Office to manage data and records with other criminal justice agencies and all other matters related, thereto.                       FOR POSSIBLE ACTION

B. --     Discussion and consideration of a proposal to create a new Lieutenant position and reducing a Sergeant position in the Sheriff’s Office with an estimated overall budget reduction and increase in management capabilities and all other matters related, thereto.                                                                                                                                              FOR POSSIBLE ACTION

 

VIII. --  US POSTAL SERVICE:
Elko County Post Office Proposed Closure:                                       FOR POSSIBLE ACTION
Discussion and consideration of the status of potential Post Office closures in Elko County
and all other matters, related, thereto.

 

 IX. --  2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM:
         
2012 CDBG Grant Applications:                                            FOR POSSIBLE ACTIONS
Discussion and consideration of approval of the following CDBG Grant applications to the State for 2012 and all other matters related, thereto.
A. -- Montello Water System Tank and SCADA Controls
B. -- Mountain City Wastewater System Pond Lining and System Upgrades

 

 X. -- UNINCORPORATED TOWN OF JACKPOT:                     FOR POSSIBLE ACTIONS
A. --     Jackpot Water System:
Discussion and consideration of the first reading of Ordinance 2012-01 entitled, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE UNINCORPORATED TOWN OF JACKPOT, NEVADA, WATER REVENUE BONDS, SERIES 2012A IN THE PRINCIPAL AMOUNT OF $695,000 AND SERIES 2012B IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,186,681 TO PAY IN PART THE COST OF WATER PROJECTS; PROVIDING THE FORMS, TERMS AND CONDITIONS OF THE BONDS, THE SECURITY AND THE SALE THEREOF; PROVIDING OTHER MATTERS RELATING THERETO AND THE EFFECTIVE DATE HEREOF.

B. --     Jackpot Airport:
1. --      2012 Airport Capital Improvement Plan (ACIP):
Discussion and consideration of approval of the 2012 ACIP for the Jackpot Airport and all other matters related, thereto.

2. --      2012 Airport Layout Plan (ALP) Update:
Discussion and consideration of approval of a FAA grant application for an updated  Jackpot ALP and a contract with Atkins North America, Inc. for airport planning services to update the Jackpot ALP subject to FAA grant funding approval and all other matters related, thereto.

 

 XI. --  ELKO COUNTY CODE:                                                      FOR POSSIBLE ACTIONS
3:00 p.m.        
A. --     Elko County Commission District Boundaries:  
In accordance with Public Notice 44-2011 and NRS 244 conduct a Public Hearing and second reading of Elko County Ordinance 2011-06, Bill No F, entitled, AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 2, DEFINING FIVE ELECTION DISTRICTS IN THE COUNTY OF ELKO FOR THE  ELECTION OF THE COMMISSIONERS TO THE BOARD OF ELKO COUNTY COMMISSIONERS WHEREBY EACH DISTRICT SHALL CONSIST OF
APPROXIMATELY ONE-FIFTH OF THE ELKO COUNTY POPULATION DETERMINED BY THE 2010 DECENNIAL CENSUS, which defines Commission  boundaries and all other matters related, thereto.

3:00 p.m.                
B. --     In accordance with Public Notice 45-2011 and NRS 244 conduct a Public Hearing and second reading of Elko County Ordinance 2011-07, Bill No G, entitled, AN ORDINANCE AMENDING SUBSECTION 14 OF CHAPTER 1 OF TITLE 7 OF THE ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR THE PROSECUTION OF A MISDEMEANOR ISSUANCE OF A CHECK OR DRAFT WITHOUT SUFFICIENT FUNDS OR CREDIT (BAD CHECK) which increases the limit from $250 to $650 for the prosecution of a misdemeanor issuance of a bad check or draft and all other matters related, thereto.

3:00 p.m.                    
C. --     In accordance with Public Notice 46-2011 and NRS 244 conduct a Public Hearing and second reading of Elko County Ordinance 2011-08, Bill No H, entitled, AN ORDINANCE AMENDING SECTION 16 OF CHAPTER 1 OF TITLE 7 OF THE ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR A MISDEMEANOR OF POSSESSION OF STOLEN PROPERTY FROM $250 TO $650 and all other matters related, thereto.

 

3:00 p.m.                    
D. --     In accordance with Public Notice 47-2011 and NRS 244 conduct a Public Hearing and second reading of Elko County Ordinance 2011-09, Bill No I, entitled, AN ORDINANCE AMENDING SECTION 15 OF TITLE 7 OF THE ELKO COUNTY CODE TO INCREASE THE MONETARY LIMIT FOR THE PROSECUTION OF PETIT LARCENY FROM $250 TO $650 and all other matters related, thereto.

 

 XII. -- COMMISSION AND COMMITTEE REPORTS:                                    NON-ACTION
Reports from Commission members regarding various committee, liaison or agency issues

Demar Dahl, District 1 Commissioner:
Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison
Central Nevada Regional Water Authority (CNRWA)
Humboldt River Basin Water Authority
Mining Sustainability
USFS / BLM Liaison
Elko County Conservation Districts Liaison
 Juvenile Department Liaison / China Spring Advisory Committee
Western Counties Alliance
Nevada Association of Counties (NACO) Board
Ruby Pipeline Project
Western Counties Coalition

 

Charlie Myers, District 2 Commissioner:
Elko County Economic Diversification Authority (ECEDA)
Nevada Commission on Economic Development
Debt Management Commission
Auditorium Authority Board     (ECVA)
Wildlife Advisory Board / Wildlife Arbitration Board
Nevada Division of Wildlife Liaison
Nevada Division of Forestry Liaison
Budget Committee
Regional Railport Committee Member
USFS-RAC

 

Glen Guttry, District 3 Commissioner:
Elko City Liaison
Elko Senior Activity Programs Board Liaison
Nevada Fire Safe Council
National Guard/Fire Science Academy Liaison
Hospital Board
Recreation Board
Humboldt River Basin Water Authority

R. Jeff Williams, District 4 Commissioner:
Highway Board
Regional Transportation Commission (RTC)
Carlin, Midas, & Tuscarora Liaison
Mining Sustainability
Museum Board                                 
BLM/USFS/ California Trails Center Board Liaison
Natural Resource Management Advisory Commission Liaison
Northeastern Nevada Stewardship Group
Juvenile Department Liaison
Sheriff Department Liaison
Library Board of Trustees Liaison
CIS – Communities in Schools

 

Warren Russell, District 5 Commissioner:
Highway Board
Regional Transportation Commission (RTC)
Nevada Department of Transportation (NDOT) Liaison
Central Nevada Regional Water Authority (CNRWA)
Spring Creek Association LiaisonNevadaworks 
Elko County School District Stars

 

 

XIII. –   COMMISSION MEETING CALENDAR:                   FOR POSSIBLE ACTIONS
January 18, 2012 -- Elko – Nannini Admin Bldg, Suite 102
February 1 & 2, 2012 -- Elko – Nannini Admin Bldg, Suite 102
February 15, 2012 -- Elko – Nannini Admin Bldg, Suite 102

 2012 Schedule of Elko County Commission Meetings:
Discussion, consideration and approval of the 2012 Meeting Schedule for County Commissioners including discussion of whether to continue the rural meetings in the same manner or reduce or discontinue the practice and all other matters related, thereto.

 

 XIV. --  CONSENT AGENDA:                                                 FOR POSSIBLE ACTION
All matters listed under the consent agenda are considered routine, and may be acted upon by the Board of County Commissioners with one action, without extensive discussion. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed, and acted upon separately during this meeting.
A. --     Presentation and review of claims for approval

B. --     Consideration of approval of the renewal of a five-year Road Maintenance Agreement with Newmont Midas Operations, Inc. for road maintenance services on the Midas Road with a 90 day termination clause and all other matters related, thereto.

C. --     Budgets for Maggie Creek, North Fork, Boulder Flat, Steptoe Valley, Dixie Creek –Tenmile Creek and Humboldt & Little Humboldt River Distributions:   Approval of the budgets of theMaggieCreek,North Fork, Boulder Flat, Steptoe  Valley, Dixie Creek –Tenmile Creek and Humboldt & Little Humboldt River   Distributions as submitted by the Nevada Division of Water Resources and reviewed by the County Assessor’s Office.

D. --     Approval of minutes:
           
December 7, 2011

 

 XV. –  COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Pursuant to advice from the Nevada Attorney General’s Office, this time is devoted to comments by CountyCommissionersand/or CountyStafffor general information or update purposes.  No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.                                                                                                              NON-ACTION

 

 XVI. --  COMMENTS BY THE GENERAL PUBLIC:                                 NON-ACTION
Pursuant to N.R.S. 241 this time is devoted to comments by the general public, if any, and discussion of those comments.  No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.

  

XVII. --   ADJOURNMENT


 

 ELKO COUNTY BOARD OF COMMISSIONERS
COUNTY OF ELKO, STATE OF NEVADA
REGULAR MEETING
NANNINI ADMINISTRATION BUILDING, SUITE 102,
540 COURT STREET, ELKO, NEVADA

  

                                                   Thursday, January 5, 2012

 IN ACCORDANCE WITH NRS 241, THE COMMISSION MAY: (I) CHANGE THE ORDER OF THE AGENDA, (II) COMBINE TWO OR MORE AGENDA ITEMS FOR CONSIDERATION, (III) REMOVE AN ITEM FROM THE AGENDA OR DELAY DISCUSSION RELATING TO AN ITEM ON THE AGENDA AT ANY TIME, (IV) AND IF THE AGENDA IS NOT COMPLETED, RECESS THE MEETING AND CONTINUE ON ANOTHER SPECIFIED DATE AND TIME.    THE PUBLIC CAN COMMENT ON ANY AGENDA ITEM BY BEING ACKNOWLEDGED BY THE CHAIR WHILE THE COMMISSION CONSIDERS THAT AGENDA ITEM.

____________________________________________________________________________

 

1:30 P.M.              --          CALL TO ORDER

                               --          PLEDGE OF ALLEGIANCE

 

I. --   COMMENTS BY THE GENERAL PUBLIC:                                   NON-ACTION
Pursuant to N.R.S. 241 this time is devoted to comments by the general public, if any, and discussion of those comments.  No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.

  

II. --   NATIONAL RADON ACTION MONTH PROCLAMATION:
Discussion and consideration of Proclamation 2012-A, entitled, A PROCLAMATION BY THE ELKO COUNTY COMMISSION DECLARING JANUARY 2012 AS “NATIONAL RADON ACTION MONTH”, encouraging Elko County citizens to take action to become educated on the hazards, testing and solutions for potential naturally occurring radon gas  in our homes and all other matters related, thereto.                  FOR POSSIBLE ACTION

 

III. --  ELKO AREA TRANSIT SERVICES:                                 FOR POSSIBLE ACTION
Discussion and consideration of issues related to the management of the Transit Service in the Elko and Spring Creek areas including possible approval of a Transit Manager position funded in part by NDOT/ Federal Transportation Administration grants and all other matters related, thereto.

  

IV. --  ELKO COUNTY PLANNING AND ZONING COMMISSION:
                                                                                                     
FOR POSSIBLE ACTION
WIND TURBINE MINIMUM PARCEL SIZE REQUIREMENT:Discussion and consideration of the Elko County Planning and Zoning Commission review and recommendation regarding the minimum parcel lot size for tower mounted wind turbines and all other matters related, thereto.

 After requests from the public, the County Commission requested that the Planning and Zoning Commission revisit and review the minimum lot size requirement for wind turbine towers.  The following is the Planning and Zoning Commission comments on this issue.

“The Elko County Planning Commission has thoroughly reviewed alternative minimum parcel sizes for tower mounted wind machines and believes that the Elko County Wind Machine Ordinance was carefully researched and written.  It meets the criteria of general wind machine ordinances throughout several counties, states and other countries.  Our setbacks are currently at 1.5 times the overall height where the average standard is 1.1times the overall height.  The higher setback standard establishes a larger buffer zone against tower failure, noise, and other risks.  The Commission believes the intent of NRS 278.02077 is to allow opportunities for alternative energy sources without unreasonable restriction.  If the safety and welfare of the code can be satisfied this commission sees no reason to unreasonable restrict individuals with parcels of a 1 acre minimum.  The physical restrictions of the smaller parcels dictate tower height.  It appears that the real issue is esthetics as all other issues meet and satisfy the health, safety and welfare issues.”  NRS 278.02077 Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy; exceptions.

1. Except as otherwise provided in subsection 2:

(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his or her property.

(b) Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his or her property is void and unenforceable.

2. The provisions of subsection 1 do not prohibit a reasonable restriction or requirement:

(a) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or

(b) Relating to the height, noise or safety of a system for obtaining wind energy.

3. For the purposes of this section, “unreasonably restricts the owner of the property from using a system for obtaining wind energy” includes the placing of a restriction or requirement on the use of a system for obtaining wind energy which significantly decreases the efficiency or performance of the system and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.

(Added to NRS by 2009, 1598)

 

V. --   ELKO COUNTY PLANNING AND ZONING DEPARTMENT:     
Roadway Dedication for Parcel Map Request:              FOR POSSIBLE ACTION
Discussion and consideration of a request for a roadway dedication for a parcel map for Jordanelle Third Mortgage on Dry Creek Trail west of Elko, Nevada, adjacent to Hamilton Stage Road located in Section 28, T34N, R55E, M.D.B.&M. and all other matters related, thereto.

 

 VI. -- USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICT
        
 TRAVEL MANAGEMENT PROJECT:                    FOR POSSIBLE ACTION
Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project FEIS/ROD including the status of a future Congressional Hearing that may have participation from Counties from and around the Western United States and all other matters related, thereto.

 

 VII. --  ELKO COUNTY WATER RESOURCE ISSUES:   FOR POSSIBLE ACTION
 Discussion and consideration of water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues and all other matters related, thereto.

  

VIII. --            EL PASO GAS CORPORATION/ RUBY PIPELINE PROJECT
Discussion and consideration of issues related to the Ruby Pipeline Project regarding the agreement to fund the removal of grazing leases, other public land issues and all other matters related, thereto.                                                             FOR POSSIBLE ACTION

  

IX. --               COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:|
Pursuant to advice from the Nevada Attorney General’s Office, this time is devoted to comments by CountyCommissionersand/or CountyStafffor general information or update purposes.  No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.                                                                                        NON-ACTION

 

 X. -- COMMENTS BY THE GENERAL PUBLIC:                                       NON-ACTION
Pursuant to N.R.S. 241 this time is devoted to comments by the general public, if any, and discussion of those comments.  No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.

 


XI. --   ADJOURNMENT