Elko County Board of Commissioners

Elko County Board of Commissioners Commissioners Sheri Eklund-Brown Demar Dahl John Ellison Charlie Myers Warren Russell Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Wednesday, August 18, 2010, at the Nannini Administration Building, 540 Court Street, Elko, Nevada at 6:30 a.m.; at the Jarbidge Community Hall, Jarbidge, Nevada at 11:00 a.m.; and at the Jackpot Library, 2301 Progressive Drive, Jackpot, Nevada at 4:00 p.m. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison Warren Russell County Manager Robert Stokes CFO/Asst. Mgr. Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Public Works Dale Johnson Road Supervisor Otis Tipton Public Works Lynn Forsberg Planning & Zoning Dir. Randy Brown Chairman Myers called the meeting to order at 6:30 a.m. Commissioners Eklund-Brown and Dahl were not present at this time. I. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. Chairman Myers turned over the control of the meeting to Highway Chairman Russell. II. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Chairman Russell called the Highway Board to Order at 6:31 a.m. PAGE 1

Equipment Purchase: Pursuant to Notice No. 23-2010, NOTICE TO BID: ONE (1) 2010 40 TON HYDRAULIC DETACHABLE GOOSENECK LOWBED TRAILER AND REFURBISHMENT OF ONE (1) COZAD HYDRAULIC DETACHABLE GOOSENECK EQUIPMENT TRAILER, bids were received and opened on August 16, 2010. Pursuant to bid review and tabulation results, consider awarding the bid to the lowest responsive/responsible bidder. Otis Tipton recommended approval of the only bid received from Cozad Trailer Sales LLC., in the amount of $70,325 for the new trailer and $29,000 to refurbish the old trailer. Commissioner Eklund-Brown arrived. MOTION: Commissioner Ellison moved to award the bid to Cozad Trailer Sales LLC., in the amount of $70,325 for the one (1) 2010 40 ton hydraulic detachable gooseneck lowbed trailer and $29,000 for refurbishment of one (1) Cozad hydraulic detachable gooseneck equipment trailer. Commissioner Myers seconded the motion. The motion passed with majority vote. Commissioner Dahl was absent. HIGHWAY BOARD ADJOURNMENT Chairman Russell adjourned the Highway Board at 6:32 A.M. Chairman Myers reconvened the County Commission meeting. Commissioner Dahl arrived at the meeting. III. ELKO COUNTY DISTRICT ATTORNEY S OFFICE Discussion and consideration of approval of Resolution No. 27-2010 that requests assistance from the Nevada Attorney General s Office for criminal prosecution pursuant to NRS 228.130 due to a conflict of interest. MOTION: Commissioner Eklund-Brown moved to adopt Resolution No. 27-2010. Commissioner Ellison seconded the motion. The motion passed unanimously. IV. BUREAU OF LAND MANAGEMENT: Discussion and consideration of comments regarding the Palisade Ranch, Inc. proposal to construct a stock water well and install a water holding tank, troughs and pipeline within the Safford Canyon Seeding located approximately 15 miles southwest of Carlin, Nevada. Commissioner Ellison questioned if the water rights would be filed under the permittee. Commissioner Eklund-Brown believed those would be under Rita Stitzel. PAGE 2

MOTION: Commissioner Russell moved to send a letter of support regarding the Palisade Ranch Inc. Commissioner Eklund-Brown seconded the motion. Commissioner Dahl requested that they amend the motion to include the water rights were to reside with the permittee. Commissioner Russell amended his motion to include support of the water rights to reside with the permittee. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. V. COMMISSION MEETING CALENDAR: September 1 & 2, 2010 -- 1:30 p.m. Elko Nannini Admin Bldg, Suite 102 September 15, 2010 8:00 a.m. Montello & West Wendover All Times Pacific Time The Board discussed moving the meetings to September 8 th and September 22, 2010. MOTION: Commissioner Dahl moved to approve the Commission Meeting Calendar with changes. Commissioner Ellison seconded the motion. The motion passed unanimously. Robert Stokes suggested the dedication of the Nannini Administration Building be held on September 13, 2010 in the Courtyard at 5:00 or 5:30 p.m. VI. CONSENT AGENDA: Presentation and review of claims for approval. MOTION: Commissioner Eklund-Brown moved to approve the Consent Agenda. Commissioner Ellison seconded the motion. The motion passed unanimously. VII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Myers inquired if they were investigating the spill so they may bill for cleanup. Robert Stokes stated the Sheriff s Department knew the previous owner and was researching the current owner. Otis Tipton stated they were preparing their statement for participation in the cleanup. Commissioner Eklund-Brown had received an e-mail from Buster Hunsaker that the Claremont Nevada Mines LLC was challenging the one time increase in mining claim fees approved in the special legislative session. The Board discussed the State sending down costs to become the counties responsibility to reduce their budget deficit. RECESS: 6:47 A.M. PAGE 3

MOTION: Commissioner Russell moved to recess. Commissioner Eklund- Brown seconded the motion. The motion passed unanimously. THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO JARBIDGE, NEVADA TO RECONVENE AT THE JARBIDGE COMMUNITY HALL, JARBIDGE, NEVADA AT 11:00 A.M. (Pacific Time). PAGE 4 JARBIDGE COMMUNITY HALL, JARBIDGE, NEVADA CALL TO ORDER Chairman Myers called the meeting to order at 11:08 A.M. Commissioner Ellison was absent at this time. PLEDGE OF ALLEGIANCE Commissioner Eklund-Brown led the participants in the Pledge of Allegiance. VIII. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. JARBIDGE VOLUNTEER FIRE DEPARTMENT: Commissioner Eklund-Brown presented a plaque in honor of Jack Creechley s community support to Dot Creechley to be placed on the Jarbidge Fire Station. IX. JARBIDGE SOUTH CANYON: Update and discussion on the status of the Jarbidge South Canyon legal case. Kristin McQueary gave an overview of the settlement negotiations with the environmental groups, and briefs would be submitted to the Judge in the fall. She stated subsequent court hearings would be held next spring. X. JARBIDGE TOWN BOARD: Chairman Myers called the Jackpot Town Board to Order at 11:11 A.M. A. WATER SYSTEM: 1. Update report on the water system operations. Butch Smith submitted an operational report inclusive of their annual survey/inspection to be scheduled in September. He stated they had warranty work performed on the new water tank and it was back on line. 2. Status report on the CDBG funded project to make improvements to the South Bear Creek and East Side water lines of the Jarbidge Water System. Dale Johnson reported the Environmental Review and the Notice of Intent were completed for the project.

3. Discussion and consideration of approval of engineering services for the Jarbidge Water System Improvement Project. Dale Johnson stated CDBG allowed them to contract with the current engineer of record which was STANTEC Consulting. He stated they have a professional service agreement with STANTEC not to exceed $27,558. Dale Johnson stated they would engineer plans but it would not be until next spring before they could get the pipe in the ground. Commissioner Eklund-Brown inquired if the funding had to be expended by July 1 st and received an affirmative response. She inquired about the survey. Dale Johnson replied Randy Brown would perform the survey. MOTION: Commissioner Eklund-Brown moved to approve the contract with STANTEC for engineering services for the Jarbidge Water System Improvement Project in the amount of $27,558. Commissioner Dahl seconded the motion. The motion passed unanimously. B. SOLID WASTE MANAGEMENT: Update reporting and discussion of the operation serving the Jarbidge Community. Butch Smith stated four bins had been taken out and they had cleaned up the scrap steel products. He noted it was not a secured site so there was more dumping than just from the locals. Kristin McQueary stated if they can find trash with names upon it, it could be submitted to the Sheriff for prosecution. C. JARBIDGE AREA STREETS AND ROADS: 1. General discussion regarding streets and roads in the Jarbidge area. Kristin McQueary stated she and Commissioner Dahl had gone up South Canyon and there had been no changes to the road. Commissioner Dahl noted they had spoken to a packer on the trail who stated vehicles were using that road. Dot Creechley stated people camp up there and then ride up but doubted they were going into the wilderness with the ATVs. 2. Discussion and consideration of issues related to the repair of the Deer Creek Grade. Commissioner Myers noted that Jeff Williams, a member of the RSAC, was present. He stated Mike Balen was to meet with them. Otis Tipton stated Mike Balen had sent him an e-mail with an estimate of $60,000 to $80,000. Commissioner Eklund-Brown stated Robert Stokes had received an e-mail from Mike Balen estimating that it would be $110,000 or more. Commissioner Myers commented the issue was funding. Dot Creechley commented in June there was a discussion regarding money for emergencies in the amount of $100,000. Commissioner Myers explained when they initiated the 2.5 cent sales tax PAGE 5

increase; $100,000 was allocated to the RSAC for them to select projects that they felt needed to be completed in the County. Commissioner Russell explained there were numerous issues with the maintenance on roads throughout the county and the Commission had allocated $100,000 to the committee for their recommendations on roads. Jeff Williams stated they had initially planned to have the Road Services Advisory Committee members meet with the Commission to view the Deer Creek Grade and then at a subsequent meeting make recommendations to the Commission. Jeff Williams stated he, Dot Creechley and Butch Smith had viewed the slide several weeks ago. He had spoken to Otis Tipton about the safety on the remainder of the road. He noted the Forest Service Engineer had estimated $110,000 for the repairs to the one slide but there were other areas on the road that may need to be addressed. Beverly degero commented Deer Creek Grade was currently being used even though the road was signed Closed. She suggested the County consider its liability and look at more accurate signage cautioning people not to utilize the road during wet weather and wide vehicles would not be able to pass. Commissioner Eklund-Brown stated they could restrict the road by blocking it off on both ends with rock and dirt. Jim Heckman traveled the road for 45 years and believed the road was safe. He stated blocking it off was a danger to the community because there was no escape to the north in case of emergencies. Kristin McQueary noted it was a minor county road which the County had no legal liability for maintenance. Jeff Williams had spoken to Otis Tipton and there was another road further up the canyon which was in better condition. Otis Tipton stated that was the Buck Creek Road. He clarified his Department put up the road closed signs because he knew people would use it for ATV travel. Otis Tipton stated it was a minor County road that did not have to be maintained. Commissioner Eklund-Brown asked if he could put up other signage. Otis Tipton did not advise blocking the road because local people may choose to utilize it. Commissioner Russell noted Road Closed signage was a higher standard than Travel at Your Own Risk. Dot Creechley noted that if Buck Creek was blocked off they would use Deer Creek in case of an emergency such as fire, rock slides or floods. Commissioner Myers stated the Commission would view the road then the RSAC would submit their recommendations to the Commission. He informed them the Road Services Advisory Commission meeting would be held August 24 th at 3:00 p.m. in Suite 102 of the Nannini Administrative Building. D. JARBIDGE CEMETERY: Update report and discussion of the continued use, development and operations of the Jarbidge Cemetery. PAGE 6

Dot Creechley, Chairman of the Cemetery Committee, would get information from Commissioner Dahl on the Starr Valley Cemetery and then the committee would meet. She thanked Randy Brown for surveying the plots. E. JARBIDGE VOLUNTEER FIRE DEPARTMENT: 1. Update reporting and discussion of the Department operation serving the Jarbidge Community. Ken Heil gave the operational report. He stated they acquired two additional vehicles, one was donated and one was purchased for on road and off road rescue. He stated they were working on the final inspection for the Community Hall. Ken Heil reported they had responded to two ATV rescue calls with one individual having to be life flighted to Elko. He stated they have put up a Road Closed sign on Pole Line Road due to the condition of the road. Commissioner Eklund-Brown inquired if there were Forest Service projects planned around town. Otis Tipton commented the Forest Service had marked trees on the Pavlok Grade to be removed, would fill in the deep ravine and fix the drainage. Beverly degero, Jarbidge VFD, stated they completed their 2007 NDF fuel reduction project on private property inclusive of the cemetery. Beverly degero voiced concern about the pine beetle kill on Bear Creek Summit. Commissioner Eklund-Brown encouraged them to form a Fire Safe Council through Mike McCarty, their local representative. Commissioner Russell noted an existing committee could perform the duties of the Fire Safe Council so they may qualify for funding on their projects. 2. Update status of Plaque for the Jack V. Creechley Jarbidge Fire Station. Commissioner Eklund-Brown presented a plaque in honor of Jack Creechley earlier in the meeting. F. PIONEER PARK: Update report on the ongoing efforts to improve the Community Park in Jarbidge. Butch Smith, Jarbidge Advisory Board, stated they have a 1917 map of the mining claims in the Jarbidge area and they would like to make it into a permanent display in the park. Commissioner Myers suggested they submit a project estimate in February to the Budget Review Committee. G. JARBIDGE COMMUNITY ISSUES OF INTEREST, CONCERN OR EDIFICATION TO BE DISCUSSED. Jarbidge Community issues of interest Kristin McQueary stated there was a pending street vacation but before the documentation was finalized the property was transferred into three lots. She would put the street vacation on the agenda to allow the County to deed it to the current owners of the property. PAGE 7

ADJOURNMENT - JARBIDGE TOWN BOARD 11:43 A.M. Chairman Myers adjourned the Jarbidge Town Board at 11:43 A.M. XI. NEVADA DIVISION OF ENVIRONMENTAL QUALITY: Water Pollution Control Permit: Discussion and consideration of comments regarding a NDEP Water Pollution Control Permit for the Ruggeri Stocks LLC Amy Claims Exploration Project located near Jarbidge, Nevada. Commissioner Eklund-Brown reviewed the project and noted their main concern was contamination of the ground water. She reported they did a test well and there was a restriction on the permit of mining to 6,750 feet. MOTION: Commissioner Eklund-Brown moved to send a letter of support for the NDEP Water Pollution Control Permit for the Ruggeri Stocks LLC-Amy Claims Exploration Project. Commissioner Russell seconded the motion. The motion passed unanimously. RECESS: 11:46 A.M. MOTION: Commissioner Dahl moved to recess the meeting. Commissioner Eklund-Brown seconded the motion. The motion passed unanimously. THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO JACKPOT, NEVADA TO RECONVENE AT THE JACKPOT LIBRARY, JACKPOT, NEVADA, AT 4:00 P.M. (Pacific Time). PAGE 8 JACKPOT LIBRARY, JACKPOT, NEVADA CALL TO ORDER: Chairman Myers called the meeting to order at 4:04 p.m. Commissioner Ellison, Randy Brown, Lynn Forsberg and Dale Johnson were present during this portion of the meeting. PLEDGE OF ALLEGIANCE Commissioner Myers led the meeting participants in the Pledge of Allegiance. XII. COMMENTS BY THE GENERAL PUBLIC: Commissioner Myers, on behalf of the board, expressed appreciation for their hospitality. XIII. JACKPOT TOWN BOARD:

Chairman Myers called the Jackpot Town Board to order at 4:06 p.m. A. JACKPOT ADVISORY BOARD REPORT: Report of actions, activities and issues of interest of the Jackpot Advisory Board. Brad Hester, Jackpot Advisory Board, stated Lynn Forsberg has been working extensively on their sewer and water systems. He believed Lynn Forsberg s biggest concern was a building around new water well No 6. Brad Hester reported their Advisory Board Member, Frank Canas, had suffered a stroke. B. UTILITIES: Ed Ellis reported they had hired a new utility worker, Shawn Burt. 1. Water system operations and reporting. Ed Ellis, Jackpot Public Works, gave the operational report inclusive of the abandonment of water well number two according to Nevada Revised Statutes. He reported their water project was ready to go to bid but they were waiting on easements for water meters placement. 2. Wastewater system operations and reporting. Ed Ellis stated there were no problems with the system. C. SOLID WASTE DISPOSAL: Update report on solid waste collection. Ed Ellis gave an operational report. G. PUBLIC WORKS, STREETS AND ROADS: Update reporting relating to public works, street and road matters relating to the Jackpot Community. Ed Ellis reported they had completed the crack sealing but there was some striping to perform. K. JACKPOT AIRPORT FACILITY: Operational report and update on the airport. Ed Ellis stated there was an NDOT inspection yesterday and the crack seal project was completed. Commissioner Eklund-Brown inquired about fencing and weed abatement. Ed Ellis reported those projects were completed. G. PUBLIC WORKS, STREETS AND ROADS Continued: Commissioner Ellison inquired about the streetlight project. Lynn Forsberg stated the lighting project was delayed due to the drainage issues having to be addressed. Commissioner Ellison inquired about the construction window. Lynn Forsberg stated they did not get approved for funding in time for this year s construction year. This fall they would submit their application to NDOT for consideration. Commissioner Eklund-Brown inquired about the drainage area. PAGE 9

Lynn Forsberg stated there would be gravel over a weed barrier. He noted the storm runoff would be an issue and gave a summary of the project. B. UTILITIES: 3. Discussion and consideration of approval of an increase in the engineering budget for the Jackpot Sewer Improvement Project due to excessive costs associated with bidding and rebidding of project, unforeseen costs associated with the land application of sludge and other items associated with ARRA compliance. Neil Kunz, project engineer for STANTEC, stated the bid went out in December but one bid was over budget and the other bid was thrown out. He stated they had redesigned the project and would extend the construction time. Neil Kunz stated the increase cost for engineering was $69,400 for the rebidding, redesign, the extended time for construction review, applications for permits and onsite inspections. Commissioner Myers inquired if funding was available. Lynn Forsberg stated it was not budgeted but funding was within the project budget. Commissioner Eklund-Brown inquired if the Advisory Board had reviewed it and Lynn Forsberg stated the Advisory Board had approved it. MOTION: Commissioner Eklund-Brown moved to approve the $69,400 to STANTEC for excessive costs associated to the Jackpot Sewer Improvement Project. Commissioner Ellison seconded the motion. Commissioner Ellison requested a cost breakdown. Commissioner Russell inquired if ARRA was a funding source and received an affirmative response. Commissioners Eklund-Brown, Ellison and Dahl voted aye. Commissioner Myers and Russell voted nay. The motion passed by 3-2 majority vote. Lynn Forsberg explained they needed to comply under NDEP within a certain time frame and stimulus funding became available to bring them back into compliance. Commissioner Dahl stated EPA required this standard so it was reasonable to accept federal funding. D. ALBERT HUBER LIBRARY: Update reporting relating to Community Library. No report was submitted. E. JACKPOT FIRE DEPARTMENT: Management update of the Jackpot Fire Department. Shelly Hester stated the Fire Chief, Brian Hugill, was on his way back from training in Elko. She reported the new Fire Chief s command rig had been received. They have received very few calls. She reported there were approximately 25 firefighters and they had been performing hydrant testing throughout town mapped with GPS coordinates. She stated they held water PAGE 10

rescue training last week and looking to hold a first responder class for the firefighters. She stated their firefighters help the ambulance personnel. F. ELKO COUNTY AMBULANCE SERVICE: Report and update on Ambulance Service operations in Jackpot. Shelly Hester reported there were 10 EMTS on staff and they had responded to 112 calls; 40 calls less from last year. Shelly Hester reported that the County Ambulance Director had taught a class in Jackpot. H. JACKPOT JUSTICE/TOWNSHIP COURT: Update report on the operations of the Court. Judge Phyllis Black gave an operational report and stated they were landscaping now. Commissioner Eklund-Brown inquired if everything had been paved. Judge Black stated Gordon Paving started on the parking lot and next Wednesday they would seal the pavement and stripe it. I. RECREATION PROGRAM REPORTING: Swimming pool, playground and other recreational facilities report. Richard Pike stated they were landscaping the front. He reported upon the swim team and the junior soccer team. He stated cameras had cut down on the vandalism in the park. Randy Brown inquired if they were interested in a PAL Program. Brad Hester stated the Junior High sports program took that gym time away. Richard Pike gave an overview of their summer food program. J. JACKPOT GOLF COURSE: Update reporting as may apply for the 2010 season. No report was submitted due to a tournament going on. ADJOURNMENT JACKPOT TOWN BOARD Chairman Myers adjourned the Jackpot Town Board at 4:36 p.m. XIV. MONTELLO TOWN BOARD: Chairman Myers called the Montello Town Board to order at 4:36 p.m. Discussion and consideration of a request for a $500 donation for the Montello Days Celebration scheduled for August 21, 2010. Commissioner Myers noted they donated previously to their fireworks. Commissioner Dahl stated this was for a parade. Commissioner Myers suggested approval contingent upon expenditures to be submitted to Commissioner Dahl for review. MOTION: Commissioner Russell moved to approve somewhat less than a $500 donation for the Montello Day Celebration contingent upon prior approval of expenditures by Commissioner Dahl. Commissioner Ellison inquired if this would come from the Recreational Fund. Cash Minor stated it would come from the Community Service Fund as a line item. PAGE 11

Commissioner Ellison seconded the motion. Commissioners Russell, Ellison, Dahl and Myers voted aye. Commissioner Eklund-Brown voted nay based on the motion. The motion passed by a 4-1 majority vote. ADJOURNMENT MONTELLO TOWN BOARD Chairman Myers adjourned the Montello Town Board at 4:41 p.m. XV. 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 on public lands and the agreement with the Public Lands Council including a report on the special meeting in Salt Lake City on August 12, 2010. Commissioner Dahl reported upon the special meeting held in Salt Lake City with County Commissioners and other participants. He stated they adopted a Resolution. Commissioner Dahl gave a brief synopsis of the Western Watersheds Project s opposition to the pipeline and subsequent Settlement Agreement to avoid further environmental litigation. He stated Lincoln County in Wyoming signed up with the BLM as a cooperating agency on the project and found out later about the arrangement between Western Watersheds and El Paso. Lincoln County, Wyoming had filed an appeal in the 9 th Circuit Court to the decision. Commissioner Dahl stated within the Resolution the counties were to join as Friends of the Court in the appeal to help Lincoln County. Randy Brown stated Elko, Humboldt, and Washoe counties would be impacted by the pipeline project. Commissioner Ellison noted four states were in opposition of the Settlement Agreement: Wyoming, Utah, Idaho and Nevada. Commissioner Dahl noted there was another meeting scheduled on September 9, 2010. Randy Brown reported there were 18 County Commissioners at the meeting with El Paso and they requested that El Paso pull out from the contract. Commissioner Myers understood that the Public Land Council had accepted 15 million dollars. He believed they should send them a letter stating they did not appreciate their stand and request them not to accept El Paso s money. Commissioner Dahl stated if the counties did not support the 15 million dollars to the Public Land Council then they would back out. He stated the counties would address that at their next meeting. Kristin McQueary inquired who would do the Amicus Brief for the counties. Commissioner Dahl stated that had not been decided. Commissioner Eklund-Brown suggested they appoint Commissioner Dahl as their official representative. She commented upon the precedence this set upon public lands and how it sets up commercial users to be submitted to successive extortion from the environmental groups in the future. Commissioner Eklund- Brown noted there was a strict process to retire a grazing permit under the Taylor PAGE 12

Grazing Act. Richard Pike inquired about the revenues that would be generated to the County through the pipeline. Commissioner Eklund-Brown stated there would be revenue through taxes, construction and employment. Commissioner Ellison noted Western County Alliance and NACO were involved. Commissioner Eklund-Brown stated Western Watersheds strangled corporations through Court with the strict federal regulations. Commissioner Russell informed the meeting participants that Jim Clearly, President of Ruby Pipeline, had attended their last meeting and gave testimony. Commissioner Dahl stated these environmental groups have been paid back through the Equal Justice Act so they file a suit to be reimbursed. He noted that Congress was looking at that Act. He stated Western Legacy Alliance was trying to expose the abuse of the Equal Justice Act. Commissioner Russell commented Jon Marvel, Executive Director of Western Watersheds Project, had recently been indicted for fraud in filing of applications for grazing permits. Commissioner Ellison noted Western Watersheds had also filed a lawsuit against Newmont dewatering and they may want to research that for payment under the Equal Justice Act. Commissioner Eklund-Brown commented that these groups put no money back into the ground from the lawsuits. MOTION: Commissioner Eklund-Brown moved that Commissioner Dahl be their official representative in the multi-county coalition and she be the alternate. Commissioner Russell seconded the motion. Commissioner Ellison noted he sat on the NACO board which might create a conflict. He commented that he would step down from Western Counties Alliance and ask that Commissioner Eklund-Brown replace him. Commissioner Myers voiced opposition to the Public Lands Council accepting the 15 million dollars and suggested a letter be sent to PLC voicing their opposition. Commissioner Myers did not want to see Elko County caught between the Public Lands Council, Western Watershed, El Paso Gas, and he felt the rural counties alliance position was the best in not taking money and having El Paso get out of the agreement. Kristin McQueary stated as a representative on a board each individual commission member could vote and express their opinion but it would not be an expressed opinion of Elko County. Commissioner Ellison felt they should combine some of these board appointments. MOTION: Commissioner Eklund-Brown amended her motion that Commissioner Dahl to be their primary County representative at the multi-county coalition and Commissioner Ellison be their first alternative with her as the second alternate. Commissioner Russell seconded the amendment. The motion passed unanimously. PAGE 13

Chairman Myers called a recess at 5:15 p.m. and reconvened the meeting at 5:25 p.m. Commissioner Eklund-Brown submitted copies of the Statement of the Present Position of the Multi-County Coalition. MOTION: Commissioner Ellison moved to adopt the Statement of the Position of the Multi-County Coalition. Commissioner Eklund- Brown seconded the motion. The motion passed unanimously. XVI. USFS MOUNTAIN CITY, RUBY MOUNTAINS AND JARBIDGE DISTRICT TRAVEL MANAGEMENT PROJECT: Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project. Randy Brown stated the group suggested that they update the County s Public Land Use Policy Plan by adding a travel management component. Randy Brown recommended that their policy become their Elko County Public Lands Master Plan and that the data provided by the sub committees be incorporated into their plan. Randy Brown stated they had done a satellite imagery overlay on the Forest Service maps which identified the roads that the Forest Service omitted from their maps. Commissioner Eklund-Brown cautioned them not to forget the public comment period. Randy Brown noted there was mass e-mail of 1,400 from the Sierra Club with only 235 honest comments on the scoping documents. Commissioner Myers suggested the plan go through the Natural Resource Commission and then be submitted to the County Commission as soon as possible. Randy Brown noted the mapping was being done now but they need the support data. Commissioner Eklund-Brown recommended they hire a professional consultant for the field work. She encouraged them to gather biological and environmental data. Randy Brown stated some of the members in the group have that experience. Kristin McQueary noted that if there was litigation on RS 2477 roads the court based their decision upon the historical background specific to the road. She suggested addressing certain sections per year. Randy Brown stated the Forest Service had put back on several of the roads from the Gardner Maps. He reported upon the GIS map identifying the RS 2477 roads. Kristin McQueary cautioned them that when speaking of an RS 2477 road there was a difference between Forest Service and the BLM lands. She stated once there was a record of decision the Forest Service has made claim to those roads and the Federal Quiet Title Act statute of limitations runs for 12 years. Kristin McQueary inquired if they want to prioritize the roads to claim RS 2477. Randy Brown stated the group would look at roads to see if they were unnecessary roads. Commissioner Myers inquired if the Road Services Advisory Committee had participated. He noted there would be funding available to PAGE 14

perform some of the research to gather that background information. Commissioner Dahl agreed they should perform the research now by a consultant to support their data. Randy Brown noted Otis Tipton was concerned about the Code of Federal Regulations stating the Forest Service did not have to honor any prior agreement in the preparation of these Travel Management Plans. Randy Brown commented there were several maintenance agreements with the County and that should be part of their resolution in this plan. Kristin McQueary noted some of these RS 2477 roads crossed both private and public lands. Randy Brown stated initially the Forest Service was going to close the road across private access to public land and now they will attempt for two years to get the right of way easement. Commissioner Russell noted some states have logs regarding in holdings. Randy Brown voiced concern that the owner of the first parcel may landlock the land behind him which would devaluate those properties behind him. XVII. METROPOLIS IRRIGATION RESTORATION PROJECT: Discussion and consideration of an update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility consisting of road access, campsites, picnic tables and a dock on the Bishop Creek Reservoir. Randy Brown stated they wrote a letter to Senator Ensign but had not received any response. Commissioner Myers suggested speaking with the Senator during the Town Hall meeting scheduled on the 24 th of August. XVIII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Ellison commented the UNR Fire Science Academy meeting went well. He stated the funding was appropriated and once the title cleared they would start construction of the new building and remodeling. Kristin McQueary inquired if they requested the Deed Restriction to be removed or amended to include military purposes. Commissioner Ellison stated that was not discussed. He stated the National Guard Transportation Unit would remain within Elko but the National Guard training would occur at the Fire Science Academy. Commissioner Dahl had received a phone call from Susan Letaliou, the Development Manager for the China Mountain Wind Generation Projection, who stated they want to meet with the Commission and present their plan inclusive of their sage grouse conservation plan. Commissioner Dahl gave an update on the project. He noted Susan Letaliou stated they were committed to doing research to monitor potential impacts on the local sage grouse population for a minimum of 10 years. Commissioner Dahl reviewed the tax revenues expected over the PAGE 15

life of the project. Commissioner Ellison expressed concern with fire caused from the gear oil. Commissioner Eklund-Brown noted Katie Fite had voiced concern at the field trip regarding sage grouse. Dixie Choate inquired why they would have to construct roads. She understood they would come in through the air base. Commissioner Eklund-Brown stated they changed their plan and more turbines would be in Idaho. Richard Pike inquired if the power supply would benefit Jackpot. Commissioner Eklund-Brown stated it was an NV Energy project under Sierra Pacific which was a different company than what served Jackpot. She gave an overview of the SWIP energy corridor from Ely to Twin Falls. Commissioner Russell noted Brian Hugill, Jackpot Fire Chief, was now present. Brian Hugill stated he was in training this morning. He stated firefighters were given first responder training so they can help on the ambulance. He met Mike Rector today and would be working with NDF. Brian Hugill invited them to look at their new vehicle. XIX. ADJOURNMENT: MOTION: Commissioners Ellison moved to adjourn the meeting. Commissioners Russell seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned at 6:03 p.m. APPROVED, CHARLIE MYERS, Chair ATTEST: MARILYN TIPTON, Deputy Clerk PAGE 16