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STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. FEBRUARY 1, 2006

The Board of Elko County Commissioners met on February 1, 2006, at 2:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Warren Russell, Chair John EllisonMike NanniniCharlie MyersSheri Eklund-Brown

County Manager Robert Stokes CFO/Asst. Co. Mgr. Cash MinorDeputy District Attorney Kristin McQuearyDeputy County Clerk Marilyn TiptonAsst. Library Director Laura OkiPlanning and Zoning Dir. Randy BrownCounty Treasurer Caesar Salicchi

- - -The proceedings were as follows:

CALL TO ORDER:Chairman Russell called the meeting to order at 2:30 p.m.

PLEDGE OF ALLEGIANCE:Commissioner Eklund-Brown led the meeting participants in the Pledge of

Allegiance. Commissioner Russell noted that there were several members of the Spring

Creek Association present today. He stated that there was an addendum to the meeting wherein the Spring Creek/Lamoille Master Plan scheduling item would be on tomorrow’s meeting agenda. However, if someone was here for that agenda item they could speak during the “Comments by the General Public” section of this meeting.

COMMENTS BY THE GENERAL PUBLIC:Dena Hartley, Spring Creek Board of Director for the SCA 400 Tract, stated

their specific request to this Board was to have a hearing to overturn the Elko County Planning Commission’s decision regarding the designation of commercial upon the five AR designated lots. She requested a hearing to overturn the Planning Commission decision and was not in favor of the change of wording submitted on the Addendum to the Agenda. Dena Hartley reported that the whole

ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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SCA Board of Directors and the majority of the property owners were opposed to the commercial designation. Commissioner Russell noted that according to the Nevada Revised Statutes they have an obligation to publicly set a time and date prior to the occasion of the hearing. Dena Hartley noted on Agenda Item X stated they were to set a time and date for the hearing for the Spring Creek Association to overturn the Elko County Planning Commission’s decision. She clarified that the Commission was tabling that and switching it to tomorrow but calling it a setting for the time and date for a public hearing to review and consider the Spring Creek/Lamoille Master plan. Dena Hartley noted that the Master Plan had been reviewed several times. She commented that the Spring Creek Association and Board of Directors wanted a hearing to overturn that decision. Commissioner Russell noted she was referring to the outcome of the hearing. However, these agenda items refer to the public hearing process. Commissioner Eklund-Brown commented that the hearing would be scheduled for the public hearing on the Spring Creek/Lamoille Master Plan revision as a whole. She noted that at that hearing they would have an opportunity to voice their opinion and their Board’s opinion. She stated the Master Plan was being prepared as a whole and was approximately ten pages. Dena Hartley stated they were informed today by Robert Stokes that agenda item X would be tabled until tomorrow. Robert Stokes stated Randy Brown, the Planning and Zoning Director, had asked for it to be tabled because he did not feel comfortable with the way the item was titled under the Spring Creek Association instead of Planning and Zoning as it was changed upon the Addendum. Commissioner Russell clarified that there were other areas to be considered within the Master Plan. In consultation with the County Manager, they had discussed holding the public hearing on Thursday, March 2nd in the evening to review this Master Plan and reiterated it was not only for the SCA but for the whole Master Plan area. Dena Hartley stated that as far as they were concerned these were two separate items. She noted their request to the Commission was to have a hearing to overturn the County Planning Commission’s decision to have the AR designation on those five lots changed to Commercial. Dena Hartley noted that the agenda addendum for tomorrow was for setting a hearing to approve the Master Plan. She stated they consider these as two separate items. Dena Hartley stated the SCA had requested a date and a hearing to overturn the County Planning Commission’s decision.

Kristin McQueary explained that when the Planning Commission did a Master Plan review, pursuant to NRS 278 the next step was for the County Commission to review the Master Plan. She stated that it would be a waste of resources to hold two different hearings on the same issue with the same people. Kristin McQueary noted that the County Commission was obligated by law to hold ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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a hearing on the Master Plan decision. Kristin McQueary stated the commercial designation was part of the Master Plan. The County Commission would review the Planning Commission’s decision and the County Commission could either, approve the Master Plan, overturn the Master Plan or send parts of it back for review. If it was sent back to the Planning Commission for review, the Planning Commission would hold another public hearing and make another recommendation to the County Commission. Kristin McQueary noted they would address the date of the hearing for the issue at the meeting tomorrow and that commercial designation would be part of the Master Plan hearing. Dena Hartley felt that this Board was ignoring their request to have a hearing to overturn the Planning Commission’s decision to change the zoning.

Jim Jeffries believed that the law had already been broken. He stated the County Planning Commission had no right to put those properties on the Master Plan for Elko County. The property owners who asked for their property to be put on the Master Plan were in violation of the Spring Creek Declaration of Reservations and in violation of the law. Jim Jeffries felt that both parties had broken the law. If the property owners wanted the land designated commercial, then they must come first to the Committee of Architecture of Spring Creek Association. Kristin McQueary explained that there were two processes. The Master Plan review process which was a planning process; and the zoning change which was a separate but related process. She agreed that he was correct that for any changes to those properties, the homeowners would have to go through the Spring Creek Association first. Kristin McQueary stated that there was a distinct difference between those processes even though they were related in the planning process.

Commissioner Russell noted that the Commission could only hear the comments but they could not respond to their comments or draw conclusions at this time. He felt that these discussions should be heard on March 2, 2006.

Jim Jeffries inquired if the Master Plan would go ahead before the hearing. Commissioner Russell explained that there would be no changes until the hearing to be held on March 2, 2006. Jim Jeffries noted that these five properties would not be on the Master Plan and designated commercial, if the property owners had not violated the Spring Creek Association’s Declaration of Reservations.

Robert Stokes commented that this was a most unusual meeting because a number of the agenda items were requested to be tabled or removed from the agenda today. He reviewed the following agenda items that were tabled: Agenda Item II - Certification of Recognition to the family of Pedro Ormaza to be on tomorrow’s agenda; Agenda Item IV - Town of Jackpot AMEC Infrastructure presentation; Agenda Item V - Triad Resorts, LLC., and Agenda Item VIII - Elko County Code posted for 2:30 p.m. was also tabled by Nevada Legal Services for rescheduling at a later date. Robert Stokes would discuss this with legal counsel


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because that Ordinance with regards to Agenda Item VIII may have to be revised before continuing with that process.

MOTION: Commissioner Ellison moved to table those items.Commissioner Eklund-Brown inquired if he wished to add Agenda Item X

Spring Creek Association to that list.Commissioner Ellison amended his motion to include Agenda Item X. Commissioner Eklund-Brown seconded the motion.

Commissioner Myers understood that the SCA had an issue with the Master Plan and the zoning of the property as designated in the Master Plan. He noted the Commission was going to schedule a hearing tomorrow to address the Master Plan which included the Spring Creek Association’s concern on those properties. He understood that at the time of the hearing they would take public testimony. Commissioner Myers believed that the Commission at that time could agree with the Spring Creek Association and take that out, make changes to it, or approve it as it was. Kristin McQueary stated when the County Commission reviews the Master Plan and it desired to change all or part of the Master Plan, then it must be referred back to the Planning Commission for any changes. She stated the Planning Commission then has forty days to report back to the County Commission. Kristin McQueary noted that best practice would be to hold a Planning Commission meeting and consider the concerns of the County Commission. Kristin McQueary stated if this was remanded back to the Planning Commission they would have to consider those changes at a public meeting in order to take action.

Commissioner Russell explained to the members of the SCA that this was an administrative detail they had to address. He noted that the lack of interaction did not reflect a positive or negative position upon the interest of the Spring Creek Association. Commissioner Russell noted that each individual could address this issue at the public hearing.

The motion was passed unanimously.Commissioner Nannini commented that if anyone from the SCA would like to

have input on the time or date of the meeting they could submit those suggestions. There was a discussion about holding the meeting upstairs in the big courtroom to accommodate the hearing.

CERTIFICATE OF RECOGNITION:Robert Stokes reviewed the request to table the Board’s approval of a

Certificate of Recognition to be presented to the family of Pedro “Pete” Ormaza for his years of dedication, service and pioneer spirit to Elko County citizens, ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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businesses and organizations that have benefited from his professionalism and generosity in all the projects he was associated with throughout the County.

CITY OF ELKO:Elko Regional Airport:Commissioner Myers reported for the Subcommittee on discussions with the

City of Elko regarding Elko County financial participation related to the operation and improvements of the Airport facility.

Commissioner Myers stated he, Commissioner Nannini, the County Manager and the County CFO attended the City’s workshop. He stated they reviewed several of the financial impacts to the airport and the City decided to absorb the cost of the Aircraft Rescue and Fire Fighting (ARFF) requirements. He stated it would cost the City approximately $264,000.00 next year to cover the costs until the 1st of July. Commissioner Myers stated the City had approved the Runway Relocation Grant. He understood that the contract was already signed and the debt service per year on that may be $400,000 to $500,000 per year. He stated there would be a meeting on Friday at the old hanger to discuss the need and the expected participation from the County. Commissioner Myers stated the subcommittee would bring back a recommendation to the Commission on the 15 th

of February. Commissioner Eklund-Brown inquired about the tower. Commissioner Myers noted there was some discussion and there were some mixed feelings whether the tower was necessary. Commissioner Myers commented upon the budgeting process for the anticipated ARFF costs per year. He stated the City was looking at those issues before coming to the table on Friday. Commissioner Ellison asked if they had discussed the letter from John Carpenter suggesting that they go from a Class 1 to a Class III airport. Commissioner Myers noted they had met with the County airport consultant previously and he felt the airport could go to Class III after that discussion. He stated at the meeting with the City they discussed the fire fighting crews that flew into the airport and Class III would limit them to no large aircraft. However, Class II would allow scheduled aircraft service and unscheduled larger aircraft coming in. Commissioner Ellison noted that there were Class III airports all over the United States which had commercial flights. He noted that 99% of the people coming for the Fire Academy came in on commercial airliners. Commissioner Myers stated that they were a Class I airport because there were scheduled airliners and they had the Casino Express, a scheduled large aircraft, flying in. He believed they could now go to a Class II for the scheduled commercial airliners and the fire fighting crews that come in on the C 131s, etc.

WATER & WASTEWATER SYSTEMS:


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Robert Stokes reported that the updated report by AMEC Infrastructure, Inc., Jackpot Water & Wastewater Engineering Consultant, on the capacities of the Water and Wastewater systems in Jackpot had been tabled.

TRIAD RESORTS, LLC:Robert Stokes reported that the discussion and consideration of statements

made by Jerry Ward, Triad Resorts, LLC., at the December Jackpot Town Board Meeting regarding economic development and incorporation issues in the Town of Jackpot had been tabled due to health issues of Triad personnel.

ELKO COUNTY CODE: 2:30 P.M. PUBLIC HEARING AND CONSIDERATION OF APPROVAL of

Ordinance 09-2005, as amended, that would increase District and Justice Court filing fees for the provision of civil legal assistance to indigent persons in family law entitled: AN ORDINANCE ADDING NEW SECTION 6, TO CHAPTER 2 OF TITLE 11 OF THE ELKO COUNTY CODE TO COLLECT CIVIL FILING FEES PURSUANT TO NRS 19.031, 19.0312, 19.0315, AND NRS 4.0712 TO PROVIDE FUNDING FOR PRO BONO LEGAL AID AND FOR LEGAL AID FOR ABUSED AND NEGLECTED CHILDREN AND VICTIMS OF DOMESTIC VIOLENCE, AND ALL OTHER MATTERS PROPERLY RELATED THERETO.(Links: Public Guardian Comments, NV Legal Services, Response to NV Legal Services, CADV Comments)

Robert Stokes commented that this item had been tabled at the request of the Nevada Legal Services.

ELKO COUNTY PLANNING AND ZONING DIVISION:PUBLIC HEARING:

Final Map of Rainbow Estates Subdivision:In accordance with Public Notice 02-2006, the Board conducted a public

hearing for a Final Map of Subdivision approved by the Elko County Planning Commission on August 17, 2005 for Malcolm F. Wittig for the purpose of a major subdivision on a parcel described as follows: A parcel of land located in Section 3, T.36N., R.62E., M.D.B. & M in the County of Elko, Nevada containing 461.92 acres. The Board of County Commissioners, County of Elko, State of Nevada, shall conduct the hearing to accept, deny or refer the matter back to the Planning Commission regarding the final map approval.

Randy Brown stated that this map had been approved by the Elko County Planning Commission, State Division of Water Resources, Division of Environmental Protection, Health Division, NDOT, and several other entities. He ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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stated this was for the acceptance of rights of way for public use. Randy Brown stated that the project was five miles south of Wells on the east side of Highway 93 and the parcels were zoned as special lands. Randy Brown commented that the approaches had been reviewed with NDOT and they had had to make some realignment for proper access. Randy Brown displayed the map and pointed out the accesses on the map. He stated there would be a secondary access to the subdivision from Highway 93 which would be limited to emergency vehicles only to meet County Code and the statutes. Randy Brown stated that staff recommended approval pursuant to NRS and County Code. Commissioner Ellison suggested there be verbiage included wherein there was no County maintenance. He asked if there would be fencing around the subdivision. Randy Brown stated it was understood there would be no County maintenance and believed it would be fenced. He commented that road did have a cattleguard in it.

MOTION: Commissioner Nannini moved to approve the Final Map of Rainbow Estates Subdivision for Malcom F. Wittig. The motion died due to a lack of a second.

Commissioner Myers inquired if there was a highway plan. Randy Brown stated there were CC & Rs or Deed Restrictions being developed. He noted that six parcels in the subdivision were sold and there was a good road into the subdivision.

Commissioner Russell felt that the Board should consider adopting an Ordinance which would require future subdivisions over a certain size to fence out the cattle. He noted the past problems with the open space and cattle grazing. Randy Brown noted that was not part of the development criteria unless they asked the Planning Commission to put that on the map. Commissioner Russell noted that once a developer departed from a project and the density increase then there was no one to assume the responsibility for that problem. Randy Brown noted that Robert Morley had just informed him that the area was completely fenced. He noted that planning did require fencing in an area which was next to a town to eliminate future problems.

Commissioner Myers inquired about the location of the subdivision and if the road would be dirt. Randy Brown replied it was south of Wells and the road would be a 26 foot wide graveled road.

Commissioner Russell asked if there was public comment on this subdivision.

Malcom Wittig spoke in favor of the subdivision. Commissioner Russell inquired if there was water associated with the subdivision. Randy Brown noted that Mr. Wittig was required through the State of Nevada to obtain and relinquish 2.2 acre feet per parcel to the State for the domestic wells. He stated that the subdivision rules had changed midstream and they had gone back and forth with the State of Nevada. Commissioner Eklund-Brown remembered that the ranchers


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had objected to a zone change in that area. Randy Brown noted the ranchers had opposed the zoning change to special lands.

Kristin McQueary reminded the Board that they could approve the map, deny it, or add conditions.

MOTION: Commissioner Nannini moved to approve the Final Map of Rainbow Estates Subdivision for Malcom F. Wittig because it was good for the community and would be good for the taxpayers. Commissioner Ellison seconded the motion.

Randy Brown stated he would not sign the map until all the development criteria was bonded or built and all the State entities had approved and signed the map.

The motion was passed unanimously.

ELKO COUNTY BOARD OF EQUALIZATION: Pursuant to NRS 361.340, the Board considered the appointment of a

Chairman for the Elko County Board of Equalization.Chairman Russell noted that County staff had recommended that Walter

Leberski be appointed as chairman. MOTION: Commissioner Ellison moved to appoint Walt Leberski as

Chairman of the Elko County Board of Equalization. Commissioner Nannini seconded the motion. The motion was passed unanimously.

LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES:Laura Oki stated the Board of Trustees met on January 17 th and they held

elections for the new president who was David Loreman and Carol Madsen was the Vice-President. She reported that Heidi Thompson would be the liaison to the Jackpot Advisory Board.

Laura Oki stated April 22, 2006 would be the date for “Just Desserts”. Commissioner Ellison stated he and Commissioner Nannini would sponsor that activity because they had heard that Newmont was no longer sponsoring the event.

Laura Oki noted there would be several cowboy poets at the Library tomorrow. She stated on the 27th of February they would have a children’s author in the library at 6:00 p.m. Laura Oki commented that there were cans collecting the water from the roof.


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Commissioner Eklund-Brown inquired why Heidi was the liaison to the Jackpot library. Laura Oki noted Heidi was the liaison because the School Board was involved with that library.

Commissioner Eklund-Brown inquired about the vacancy of the director position. Laura Oki stated they hoped to have someone on staff by the end of the summer. Commissioner Eklund-Brown noted that Sarah Johnson had an MLS and inquired if she was qualified for that position. Laura Oki commented that the Library Board had been working on a plan which had been in the process for six or seven months.

Commissioner Eklund-Brown noted that Commissioner Russell was absent during the last Library meeting and inquired who was the alternative. Robert Stokes replied there was no alternate assigned. Commissioner Eklund-Brown volunteered to be the alternate for Commissioner Russell.

Laura Oki commented that the roof was leaking. Kristin McQueary stated they were waiting for a gentleman to have time to do it and weather permitting. Commissioner Eklund-Brown commented that they had waited for over a year and they had not completed the repairs. She noted there was a potential for a flooding problem. Kristin McQueary would call the fellow from Utah Construction again.

Chairman Russell called a recess at 3:26 p.m. and reconvened the meeting at 3:34 p.m.

SPRING CREEK ASSOCIATION:The Board considered a time and date for a Public Hearing to consider a

request from the Spring Creek Association to overturn the Elko County Planning Commission decision regarding designated commercial areas within the Spring Creek/Lamoille Master Plan, Phase I through Phase IV.

Robert Stokes noted that this agenda item would be addressed tomorrow.

ELKO COUNTY OFFICE BUILDING: The Board considered accepting statements of qualifications as noticed in

Notice 52-2005 – Notice of Request for Statements of Qualifications for a Principal Architectural Consultant to provide for the design and construction of a County office building.

Commissioner Myers noted the committee had reviewed five statements and chose one firm with two alternate firms. The committee had recommended Lombard-Conrad Architects as the primary architecture firm and recommended authorization for Cash Minor to enter into discussions with them. He stated their second choice was Tate, Snyder, Kimsey Architects, and their third choice was SVWB Architecture.

The Board discussed the three architectural firms and where their home offices were located. Commissioner Myers reviewed the local projects that


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Lombard-Conrad had worked on and Cash Minor noted that SVWB had designed several school district projects locally.

Commissioner Eklund-Brown inquired of Caesar Salicchi if the County was capable of going forward with this project. Caesar Salicchi stated this was just the preliminary work on the project. He noted that later they would get the numbers and it would be up to Cash Minor to determine the time it would take to pay off this debt and what they would be going into. Caesar Salicchi commented that the tax rates were rising which would make a difference. Commissioner Eklund-Brown stated she liked the radio presentation that Caesar Salicchi had given on Wednesday. Commissioner Ellison inquired how they would pay for the architectural firm and asked if it would be through contingency. Cash Minor commented that most architecture firms based those fees on the percentage of the project and they would negotiate those fees.

MOTION: Commissioner Ellison moved to accept the statement of qualifications of Lombard - Conrad Architects pursuant to Notice 52-2005 as the number one choice for the architecture firm. Commissioner Nannini seconded the motion.

Commissioner Myers asked that he amend his motion to give the County CFO authorization to negotiate with that firm and with alternative selections two and three if negotiations fail with Lombard - Conrad.

Commissioner Ellison amended his motion to authorize Cash Minor, County CFO, to enter into negotiation with Lombard – Conrad and if that fails then enter into negotiations with the other architectural firms. Commissioner Nannini seconded the amendment. The motion was passed unanimously.

NEVADA DEPARTMENT OF TAXATION:The Board considered a request from the Department of Taxation regarding

possible property tax rate changes for the upcoming 2006-2007 budget year.Cash Minor stated taxation under SB 509 legislation was requesting all local

governments to submit their plans with regards to tax rates. He felt that this was too early in the budget process and suggested that they leave it at the current year rates. He stated that this was just for projection purposes and did not prevent them from raising the tax rates later. He asked for authorization to send a letter to the Department of Taxation. Commissioner Eklund-Brown inquired if there were ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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any mandated increases this year. Cash Minor replied that the welfare budget was raised 4.5% annually which was according to statute. He did not know of any other mandated increases from the last legislative session. Commissioner Ellison suggested if they received any calls they should speak with Joe Aguirre or his staff on the taxation issues.

MOTION: Commissioner Myers moved to give the Chief Financial Officer the authority to write a letter keeping our tax rate as it was now. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

ELKO FIELD OFFICEBUREAU OF LAND MANAGEMENT:The Board discussed submitting comments on the Environmental

Assessment for the Vista Nevada Corporation’s proposed Maverick Springs Project which consisted of exploration drilling in Elko and White Pine Counties. Comment deadline was February 23, 2006.

MOTION: Commissioner Ellison moved to submit a letter of support on the EA for the Vista Nevada Corporation’s proposed Maverick Springs Project. Commissioner Nannini seconded the motion.

Commissioner Eklund-Brown disclosed that she had no knowledge with whom the driller contract was with. Kristin McQueary noted that it was not a decision wherein the Commission had control of the project. Commissioner Myers supported the project and questioned if there would be an impact upon the Ruby Marshes. Robert Stokes stated they could word the letter requesting that there be no impact to the Ruby Marshes.

The motion was passed unanimously.

MOUNTAIN CITY RANGER DISTRICTHUMBOLDT-TOIYABE NATIONAL FOREST:The Board considered submitting comments on the proposed exploratory

drilling for uranium on national forest system lands by Kilgore Gold Company about four miles east of the town of Mountain City. Comment deadline was February 15, 2006.

Robert Stokes stated there would be less than one acre of disturbance. Commissioner Eklund-Brown felt it was in an environmental sensitive area so it would be accommodated in a NEPA process. She disclosed that she was unaware of who had the drilling contract on this project. June McMillen of the U.S.


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Forest Service stated it was in an area that had been explored twenty years ago. Commissioner Ellison believed they should show support of the project. Commissioner Russell commented upon his brother-in-law who had a uranium mine in Southern Utah and who had just signed a contract with a mining company. June McMillen commented that this was just for exploration purposes and there would be drill holes performed under an Environmental Assessment.

MOTION: Commissioner Ellison moved to submit a letter of support for the proposed exploratory drilling on National Forest System lands by Kilgore Gold Company. Commissioner Nannini seconded the motion.

Commissioner Eklund-Brown commented upon other minerals being explored. She stated her father, brother and a drilling manufacturer were the developers of the track mounted reverse circulation drill rigs. She noted they had less impact upon the environment.

Commissioner Myers inquired if Dan Dallas was back. June McMillen replied he would be back in a few months. Robert Stokes stated he had Dan’s phone number if anyone needed it.

The motion was approved unanimously.

COMMISSION AND COMMITTEE REPORTS:Commissioner Myers:ECEDA Board – He stated Elaine Barkdull would come back with the letters

of interest for the railport. City of Elko- He noted a report was previously given.Regional Transportation Commission (RTC) – No report was given.Auditorium Authority Board (ECVA) – He stated Don Newman, the new

Executive Director, was already in the community. Kristin McQueary stated she had been in contact with the attorney for the

government owned transloading facility in Montana. She asked what direction the Commission wanted to go and how they wanted to set this up. Commissioner Eklund-Brown asked if that was the one she and Randy had toured and received an affirmative answer.

Commissioner Ellison departed the meeting room at 3:54 p.m.Kristin McQueary noted that this was in the nature of public comment

because of Commissioner Myers reporting upon ECEDA. She stated Montana had set up their railport similar to central dispatch wherein it was a separate entity with a board who oversees the operations of that facility. Commissioner Myers felt they would bring back recommendations by the 15th of February meeting. Kristin McQueary suggested they find a model to use and she would follow up on that ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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model. Commissioner Russell noted he had submitted packets to her. Kristin McQueary felt the Montana port was similar to what the Commission wanted. Commissioner Nannini noted they wanted the final say on any expenditure. Commissioner Russell stated that was also the chairman’s position, it was an Elko County project. Commissioner Eklund-Brown noted that the Montana railport was willing to sponsor a tour. Commissioner Nannini felt a tour would be beneficial.

Commissioner Ellison returned to the meeting room at 3:56 p.m. Wildlife Advisory Board – No report was given. Wildlife Arbitration Board – No report was given.Nevada Division of Wildlife Liaison – No report was given.Commissioner Eklund-Brown:Commissioner Eklund suggested that the Noxious Weed report go off the

agenda and the Elko County Cooperative Weed Management Area (ECCWMA) agenda item replace it.

City of Carlin – She reported that Carlin became a part of the Northern Nevada Communications group which covered five counties. She noted this group worked with the Sheriffs to improve communication. She stated they were going to the Cities in those counties for their support, involvement and for possible funding. She stated the City was wondering if under the CDBG grant their dumpster site would be included. Robert Stokes stated Lynn Forsberg would look into that but there may be an issue with the low income numbers in the different locations within the county. Commissioner Eklund-Brown stated they were looking at having Senator Rhoads sponsor a Bill in 2007 about their election dates and moving them to the County. She stated they would consider scheduling a weed pull. She stated Mark Coca of the BLM would give a presentation on scotch thistle. She stated the Carlin Police were doing drug awareness training for the employers. She reported that Carlin was going forward with their equestrian park.

California Trails Center Board – She stated they were waiting for the Federal Highways to confirm the appropriation in order to go to bid.

Recreation Board – No meeting was held.Nevada State Land Use Planning Advisory Commission (SLUPAC) – No

meeting was held.Public Lands Use Advisory Commission (PLUAC) – She attended the

Spruce Mountain Trail meeting and Robert Stokes attended the PLUAC meeting on the same evening. Robert Stokes stated PLUAC was working on the federal land use plan. He noted the Board Members had expressed some interest in SB 400 because it would allow the County to designate certain roads for ATV use. Commissioner Eklund-Brown noted that David Tilger had given her some information about the Idaho statutes regarding ATV registration. She felt they could initiate it at the County level and then maybe the State would initiate it.


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Northeastern Nevada Stewardship Group – She could not attend their meeting but Boyd Spratling of the Cattlemen’s Association had attended the meeting.

Mining Sustainability – No report was given.China Spring / Aurora Pines Advisory Committee – No report was given.Central Nevada Regional Water Authority (CNRWA) – She referred this

report to Commissioner Russell. Water Planning (Alternate) – No report was given.BLM – RAC - She stated that meeting was scheduled for the 16 th of

February in Battle Mountain. Noxious Weed Liaison – No report was given.USFS Liaison – She stated they met with Mr. Zaga and the Forest Service.BLM Liaison – No report was given.Commissioner Eklund-Brown stated she went to Carlin when ECEDA

announced the railport land acquisition. She stated the Spruce Mountain Trail meeting was great and there was a lot of participation. She noted that the Forest Service would have the same type of meetings and involve the public. Commissioner Eklund-Brown stated she had attended the oil and gas exploration meeting held at the Western Folklife Center. She noted research was performed by Dr. Chamberlain and data was gathered. She stated according to Dr. Chamberlain there may be gas and oil within the Wilderness Study Areas. She, Robert Stokes and Warren Russell would attend a meeting in Fallon on creating County land bills.

Commissioner Myers inquired about County action taken on last year’s legislative proposals. Commissioner Eklund-Brown commented that BLM was addressing Wilderness Study Areas and the Forest Service was addressing the roadless Areas. Robert Stokes commented that PLUAC had made a proposal to the County Commission which the Commission did not address. Robert Stokes noted there had been a discussion at the Commissioner and staff level about the County drafting a County lands plan. Robert Stokes cautioned that the County land plan may open doors to create more Wildernesses in this area. June McMillen noted they were looking at roadless areas for wilderness characteristics. She stated the roadless areas on the Mountain City District did not contain wilderness characteristics. She did not know about the other districts. Commissioner Eklund-Brown commented that the Wilderness Study Areas were supposed to be designated wilderness or not years ago. Commissioner Eklund-Brown felt that Congress did not want to become involved with the local areas. She stated the County lands bill would bring everyone together and bring in every type of user and there would be buy-in by every group. Commissioner Eklund-ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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Brown noted that the BLM had given recommendations on which WSA should go forward. June McMillen believed that looking for wilderness characteristics was the first step of the process. She was not knowledgeable upon the wilderness characteristics in the other districts.

Commissioner Ellison:Nevada Association of Counties (NACO) Board – He and Commissioner

Russell attended the last meeting and they would submit a written report. He stated in March he would be in Washington for NACO.

Debt Management Committee - No meeting was held.Nevadaworks – He and Commissioner Myers would meet with Tom

Fitzgerald on Friday the 10th of February in Sparks.Senior Citizens – A meeting was scheduled tomorrow.Humboldt River Basin Water Authority – No report was given.BLM Liaison – He and Commissioner Eklund-Brown met with them last

month. Robert Stokes would schedule with Helen another meeting for this month.NDOT – He met in Carson City and they discussed the proposed budget.

He stated Nevada was reported the State with the best roads. Nevada Fire Safe Council – Commissioner Eklund-Brown stated she had

read the monthly print out and it stated that Ryndon/Osino/White Rock/Elburz (ROWE) and Pleasant Valley had joined. Commissioner Ellison had requested a copy of the minutes but had not received those.

Nevada Division of Forestry Liaison – He, Robert Stokes and Cash Minor had met with them.

Water Planning (Alternate) – No report was given.Commissioner Nannini:City of Wells - No report was given. Heart Project - Wells Tire Recycling Plant - He stated they would do a test

run this week and if all went well they would apply for a grant to build the building.City of West Wendover – No report was given.Hospital Board – He reported the hospital had been at max capacity. He

stated there was a shortage of help so they were in the process of hiring eight travelers which were nurses that come in to help out with the workloads.

Fair Board – No report was given.Juvenile Committee – No report was given.Central Dispatch Administrative Authority – No report was given.USFS Liaison – No report was given.Commissioner Nannini reported that Brian Plumb, the field representative for

Congressman Gibbons’ Office, was present today. Brian Plumb introduced himself and stated he would research the proposed airspace issue. He stated that with regards to the airport issue he felt that Commissioner Myers had reviewed the


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Elko City Council meeting very well. He believed that the Gibbons’ office could facilitate between the federal government and the city government.

Commissioner Eklund-Brown had met a gentleman from Wendover who had discussed the County doing more for the youth in Wendover. He had informed her that there were seven gyms in Wendover and there was no gym access for the youth after school. She asked if Commissioner Nannini would help facilitate more access for the youth programs. Commissioner Nannini commented that they had tried a youth center in that area but there were no volunteers to manage it. He stated the building was still there. Commissioner Eklund-Brown stated they had a pool but they wanted to have access to a gym. She suggested they apply for a grant to get a nice recreational center.

Commissioner Myers inquired if there was an issue between the hospital and the clinic. Commissioner Nannini would research that issue.

Commissioner Russell:Museum Board - No report was given.Local Emergency Planning Committee (LEPC) – No report was given.Central Nevada Regional Water Authority (CNRWA) – He stated they

formed a technical committee comprised of two Commissioners and staff throughout the participating counties. He stated that committee would implement the provisions of the grant they received for research.

Humboldt River Basin Water Authority – No report was given.Library Board of Trustees Liaison – No report was given.Nevada Association of Counties (NACO) Board – No report was given.Nevada Department of Transportation (NDOT) Liaison – No report was

given.Northern Nevada Regional Transit Coalition – No report was given. Water Planning – He noted the Nevada Water Resource Association would

hold a conference in March in Mesquite. Commissioner Russell stated he and Commissioner Eklund-Brown would like to represent Elko County at that conference. Commissioner Russell stated Alan Chamberlain gave a lecture on the geography of eastern Nevada. He noted that the company that Dr. Chamberlain represented had some claims near Jiggs for those reserves. He believed that Dr. Chamberlain would seek support from the County for use of adjacent areas now classified as WSAs. He stated that Alan Chamberlain questioned SNWA drawing water out of a basin north of Clark County because ultimately they would dry up all the rivers, streams and springs in Clark County. Commissioner Russell noted that Dr. Chamberlain commented that if they put a straw in Elko County they would draw out the rest of the State because they would take water before it moved through the aquifer downhill. Commissioner Russell ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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noted that geologists stated everyone would be affected downstream in the State by drawing water out north of the source. Commissioner Russell noted that Adella Harding had also heard those comments from Dr. Chamberlain.

Nevadaworks – No report was given. NDF – Commissioner Russell stated there was a new administrative

direction being implemented with regards to fire suppression, NDF may be concentrating on wildland fires on private property as their primary responsibility. He stated the County may have to make decisions about all the fire hazards to protect residents within the County. He believed there would be difficult questions in the future about equipment, training, materials and financial support of NDF. Commissioner Eklund-Brown inquired if the NDF would participate with federal agencies upon federal lands. Commissioner Russell stated they would continue to cooperate but would designate more emphasis on private property. Robert Stokes stated there would be future meetings to clarify those issues.

Spring Creek Association – No report was given.Regional Transportation Commission (RTC) – No report was given.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:Commissioner Myers stated if the road item with Mr. Martin tomorrow gets

approved then Mr. Martin should get an appointment with the Lieutenant Governor under economic development.

Commissioner Eklund-Brown stated she had been exchanging e-mail with Senator Reid’s Office on the Hill Air Force Base proposed expansion of airspace. She stated Robert Stokes and Commissioner Ellison had been working with her and was in contact with Congressman Gibbons’ Office and BLM. She had also e-mailed the Hill Air Force Base letting them know they would like to be involved in their discussions.

Commissioner Eklund-Brown stated she had information on property that adjoined the railport property which was listed for sale.

Commissioner Ellison left the meeting room at 4:24 p.m.Commissioner Eklund-Brown stated the 35 acres were located on the

frontage road and they were asking $7,000 per acre. She inquired if they wanted to purchase that property. Robert Stokes felt it should be discussed with the subcommittee. Commissioner Eklund-Brown would submit that paperwork to Robert Stokes.

Commissioner Ellison returned to the meeting room at 4:26 p.m. Commissioner Eklund-Brown stated that O.Q. Chris Johnson submitted

paperwork to her on the Tenth Circuit Court decision with regards to the RS 2477. She would give that to Robert Stokes to distribute to the other Commissioners.

Commissioner Ellison stated he and Commissioner Eklund-Brown had been working on the no fly zone in Elko County. He had received a phone call


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regarding the meeting with the Air Force. Commissioner Ellison stated it would be three years before they imposed the Military Operations Areas but it would be a restricted MOA. He had told them that was a major flight path from Idaho, to Wells, Nevada and then on to Ely, Nevada. Commissioner Ellison believed there would be a major impact to Elko County. He stated Congressman Gibbons’ office would have a meeting on this matter. He stated the Air Force Base did get Commissioner Eklund-Brown’s e-mail and they informed him they had responded back to her. Commissioner Eklund-Brown stated she had not received a response but she had told them to respond to Robert Stokes. He stated Elko County would be involved in their discussions. He believed this proposed action would impact their commercial development.

Commissioner Eklund-Brown commented that 50% of the airspace in Nevada was restricted. Robert Stokes would put this on the 15 th of February meeting agenda for further discussion. He noted NDOW had attended the BLM meeting and had more information on the Air Force’s proposal. He suggested a subcommittee of Commissioners Eklund-Brown and Ellison on this issue. Commissioner Ellison noted Senator Reid’s office was concerned about more airspace in Nevada being considered. Commissioner Eklund-Brown noted flying in Nevada was very difficult due to the restricted airspace already imposed. She believed that it limited their tourism. Commissioner Ellison commented upon how difficult it was to get clearance through the MOA to fly to Boise. Robert Stokes would put this on the next agenda for further discussion.

Commissioner Nannini noted that this issue came up previously because they were training Top Gun pilots coming out of Mountain Home Air Force Base and flying over Owyhee. He stated this affected every phase of life including the calving season, the wildlife, etc. Commissioner Nannini stated the Top Gun pilots were coming down on the ground so low that they were blowing windows out of the businesses. He attended all those hearings and felt they could get that information to support their opposition. Commissioner Eklund-Brown noted the BLM meeting with the Air Force Base had addressed some of the BLM’s concerns.

Commissioner Russell noted RFIDs were scanning labels. He commented that there was talk about doing those types of labels on passports. He stated the U.S. Department of Agriculture was promoting a program to put RFIDs in livestock. Commissioner Russell noted the State of Wisconsin had suggested they would be doing that in a non voluntary manner before the deadline. Commissioner Russell stated every head of cattle, dairy or beef, sheep, and chickens etc., sold commercially in 2008 and 2009 would have these types of scanning chips. Commissioner Russell stated if an individual had a few head of ELKO COUNTY COMMISSIONREGULAR SESSIONFEBRUARY 1, 2006

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cattle and they left their property then each animal would have to carry an RFID. He stated each individual would have to file a report when an animal leaves their property. At the shipping yards, they would prepare a report for receipt of that property. Commissioner Russell noted that meant the 4-H could not bring animals to the fair. He stated RFIDs were to control the location of all livestock. Commissioner Russell noted this regulation would be an added cost to the livestock industry and it would become a bureaucratic nightmare to move the livestock. He had spoken to the Cattlemen’s Association and they would study this issue. Commissioner Russell believed that the Commission may want to take a position on this issue. Commissioner Eklund-Brown suggested that Boyd Spratling give a presentation to the Board on the issues before the Nevada Cattlemen’s Association.

Kristin McQueary reported that the District Attorney’s Office would be moved to the old Rural Mental Health Building in a couple of weeks. She noted their temporary quarters were one-half the size of their current location. Kristin McQueary informed them that the Board of Equalization would meet on February 22, 2006.

Robert Stokes stated Assemblyman Carpenter had checked on the Art Train and the train would not be coming into the State of Nevada.

Jerilyn Underwood of Human Services stated she had attended a conference with the other Social Service Directors and informed them that AB 493 may have some impacts to the Elko County Social Services. She stated Barbara Buckley’s subcommittee on health expansion services for the State of Nevada helped pass this legislation. Jerilyn Underwood commented that initially the County Social Services Departments in the individual counties understood that this would be a State program. However, this legislature formed a brand new program called Catastrophic Program which increased coverage for pregnant women which was a Medicaid or State program, increased coverage up to 185% of poverty level, and provided Employee Subsidy Insurance (ESI) up to $100.00 per month to qualified employers to help pay from group insurance for their employees who were at 185% of poverty level. Jerilyn Underwood stated the third tier of this bill was catastrophic illness or accident coverage which would benefit the local hospitals. Jerilyn Understood noted the State had already captured the supplemental fund for this program. She explained that all the counties contributed two and one-half cents ($ .025) on the advalorem tax per $100.00 of property tax value to the State’s supplemental fund. Jerilyn Underwood stated the State took another cent which came to about 4.5 million dollars from all seventeen counties. She noted the federal government matched it so the State had approximately 9 million dollars to promote this new program. However, in the waiver portion of this program all seventeen counties were to facilitate this program. Jerilyn Underwood stated there was no funding set aside to the counties


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to administer this program. She stated the Elko County guidelines were presently at 50% of the poverty level which was an income of $438.00. Jerilyn Underwood commented the State raised that 185% of poverty level so people who were earning three times that amount would qualify for these programs. She did not know how many people would apply for this program or how they would administer it. Jerilyn Underwood reported that Andrew List (NACO) had met with Ken Rittenrath of NACO, Chuck Duarte, Nancy Ford and John Liveratti. Jerilyn Underwood stated they have an option to help plan the process of how these claims would be paid. This subcommittee had been established but they do not have much time to plan. She wanted to make sure Commissioner Russell and Commissioner Ellison were aware of what was going on with this program. She noted that the Commissioners had the ability to submit input to the legislation. Jerilyn Underwood stressed that this bill would impact the County staff through the administration of this program. Commissioner Russell clarified the County would have administrative costs to run the program. Jerilyn Underwood stated previously the money was monitored by NACO in the supplemental/indigent-accident fund. She explained that Barbara Buckley’s bill pulled a penny out of the two and one-half cents they were paying to the supplemental fund in order to create this new program. Commissioner Myers noted the County staff still would have to administer that program. Jerilyn Underwood stated this was just an update. Commissioner Ellison noted they had discussed this at their NACO meeting. He stated Andrew List was to do further meetings on this issue and let the Executive Board know what he had discovered about this issue. Jerilyn Underwood felt the County should establish a sub committee for this matter. Robert Stokes noted Jerilyn Underwood had another meeting scheduled next week on this issue and he would speak to her after that meeting. Jerilyn Underwood felt that the State of Nevada should absorb the administration of this program. Commissioner Ellison suggested that if this was on their future agenda they should ask Andrew List to attend that meeting. Commissioner Eklund-Brown noted in the newspaper there were social services advertised and asked if those were new services available. Jerilyn Underwood commented that this was a new program funded through a CSPG grant. Commissioner Russell noted that Jerilyn Underwood had prepared a brochure that explained all the services available in her department.

ADJOURNMENT:

MOTION: Commissioner Myers moved to adjourn the meeting. Commissioner Nannini seconded the motion. The motion


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was passed unanimously.There being no further business to come before the Board, the meeting was

adjourned. APPROVED,

WARREN RUSSELL, Chairman

ATTEST:MARILYN TIPTON, Deputy Clerk


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