Elko County Board of Commissioners

Commissioners Demar Dahl Grant Gerber Glen Guttry Charlie Myers R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. JUNE 4, 2014

The Board of Elko County Commissioners met in regular session on Wednesday, June 4, 2014, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada.

There were present: County Commissioners Charlie Myers, Chair Demar Dahl Grant Gerber Glen Guttry R. Jeff Williams County Manager Robert Stokes CEO/Asst. County Mgr. Cash Minor Planning/NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Sheriff James Pitts Library Director Jeanette Hammons Ambulance Director Chris Sloman

Chairman Myers called the meeting to order at 1:32 p.m. Chairman Myers led the meeting participants in the Pledge of Allegiance.

1:33:09 PM: I. COMMENTS BY THE GENERAL PUBLIC: Dagny Stapleton, Deputy NACO Director, introduced herself and stated she was a member of the NDOT Transportation Advisory Committee. She encouraged them to contact her if they had any transportation issues.

1:34:30 PM: II. PLAQUES OF RECOGNITION: Discussion and consideration of Plaques of Recognition to the Road Services Advisory Committee. The committee was created in 2006 to address ELKO COUNTY COMMISSION REGULAR SESSION JUNE 4, 2014 PAGE 1 road issues and provide recommendations to the Board of Commissioners. The Board of Commissioners thanks all those who have participated in the past on this ad-hoc committee. Current members to be recognized include Dave Tilger, Vern Dalton, William Graunke, Bill Micheli, Dennis Strickland and Lyle Nutting. MOTION: Commissioner Williams moved to approve Plagues of Recognition to all those current members of the Road Services Advisory Committee for the dedication and work they have done in serving Elko County. He noted there were two members that were not current who were Bill Hassett and Steve Dorsa and they were not present today. Commissioners Dahl and Guttry seconded the motion. The motion passed unanimously. Highway Chairman Williams read the plaques into the record. David Tilger stated it was a great education to find out how things worked and he appreciated the opportunity to sit on this committee. Dennis Strickland stated it was a pleasure to serve upon the committee. He noted the committee tackled some tough issues and they were a very conservative board so it was tough to raise the gas tax. He cautioned them there were still some significant road needs and capital projects for the Elko County Road Department that were not being funded to the extent that they really need to be funded. Dennis Strickland asked that they stay focused and figure out a way to fund the road needs for the Road Department to the benefit of the citizens of Elko County in general. Commissioner Williams commended the committee members which began as a six month committee and was reinstated several times to address the road issues. He stated they served independently from any other organization in Elko County and discussed only road issues. Commissioner Williams stated when they got into gas tax issue it was controversial and they got beat up over those issues but the committee stood their ground. He thanked them for their service and dedication. He noted Vern Dalton traveled from Clover Valley and Lyle Nutting traveled from South Fork to attend those meetings.

1:41:13 PM: III. PLAQUE OF RECOGNITION: Discussion and consideration of a Plaque of Recognition to Ken Bowler for his participation in the fight against the listing of the Sage Grouse as an endangered species by providing the site for the first pilot project location, Devil’s Gate. MOTION: Commissioner Dahl moved to approve a Plaque of Recognition to Ken Bowler for his participation in the fight against the listing of the Sage Grouse by providing the site for the first pilot project

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location, Devil’s Gate. Commissioner Guttry seconded the motion. The motion passed unanimously. Commissioner Gerber stated Ken Bowler had been helpful at every stage. He noted Ken Bowler told them he would be on a mission for the LDS Church and the Manager was told to cooperate with the County. He stated Jeffrey Knight, the new Manager, had been very cooperative with the County on the pilot project. He commented there was no cost to the County for this project except for the biologist, Todd Black. Commissioner Myers agreed Ken Bowler was very professional and very involved on the project. The motion passed unanimously. 1:44:18 PM: IV. NEVADA DEPARTMENT OF TRANSPORTATION (NDOT): 2015 Statewide Transportation Improvement Annual Work Program: Presentation and discussion of the proposed NDOT Transportation System Projects (TSP) document and Annual Work Plan (AWP), followed by consideration of approval of the Work Program. The request for approval and summary was previously submitted for the Board’s review. Bill Hoffman, NDOT Deputy Director, offered his congratulations to their Road Services Advisory Committee and would like to look at their needs that they had looked at to continue the progress they made. He knew Bill Graunke who had sat upon that committee. He commended the Board for forming that committee. Bill Hoffman introduced the Nevada State Controller, Kim Wallin; local Federal Highway Administrator, Paul Snyder; NACO Deputy Director, Dagny Stapleton; NDOT Planning Staff of Jason Van Havel, Rebecca Kapuler, and Catherine Cuccaro; Elko District Staff: District III Engineer, Kevin Lee; District III Assistant Engineer, Mike Murphy; District III Traffic Engineer, Boyd Ratliff; and District III Maintenance Manager, David Brown. He commended the local district staff who did a very good job, were proactive, took the local matters very seriously and provide great leadership in this district. Bill Hoffman stated they were here to update the Board on their funding issues, submit the 10 year list of proposed projects, and hear about their issues and concerns. He explained in order for NDOT to carry out their programs they utilize two funding sources: federal funding sources (gas tax on the national level) and gas/diesel tax collected on the state level. He stated Highway bill MAT 21 which was passed and signed 2 years ago went into effect September 2012 but will expire this year. He stated Congress would have to extend that highway bill or pass a new six year transportation bill but there may be other federal regulations imposed with the new bill. He stated if the old bill was not extended then 700,000 to 1 million jobs would be in jeopardy across the country. Bill ELKO COUNTY COMMISSION REGULAR SESSION JUNE 4, 2014 PAGE 3

Hoffman cautioned the Federal Highway Fund may go in the red and the Department of Transportation with the State Transportation Board have been developing strategies by either moving projects off the near term window. He stated the State Highway Fund was in a good position but they don’t want to spend funds they do not need to. Bill Hoffman stated the Federal Highway Fund may borrow from the federal general fund and that was how they were making up the deficits in the past. He stated that would impact the NDOT projects on I-80. Bill Hoffman commented the State Highway Fund was healthy so they can match federal funds. Bill Hoffman stated when the federal highway bill passed it came with performance measure initiatives and progress reporting especially with regards to safety. He stated NDOT has to report on safety statistics on all roadways whether local, State or interstate highways and they work with the local public works departments and cities to capture that performance data. Bill Hoffman stated under the NDOT federal funding allotment there was a Transportation Alternatives Program which was specifically set up for County and local agencies to receive federal funding for their projects. He gave an overview of the some of those projects available for funding and some of the projects which had received funding such as the City of West Wendover’s Florence Way improvements and the City of Elko’s Flag View sidewalk project. Bill Hoffman stated they had developed an electronic project submittal process in which the entities could work directly with NDOT. He stated they plan to improve their project list process by county, by route and by project. He noted they hope to develop that list by 2016. Bill Hoffman encouraged communication so they would know what the County’s needs were. He stated they reinstituted holding County workshops to meet with the local officials, the emergency responders, the NHP, public works, and the City officials to discuss local issues and try to set up a prioritized road listing. He stated with regards to the road relinquishment process they were developing a guidebook to outline that process. Bill Hoffman stated they have held meetings with NACO and the League of Cities. They have also held regional workshops to gather input. He noted at the end of the last legislative session together with the guidebook, NDOT would have to generate State Regulations (NACs) to go with the guidebook. He stated they would be holding public meetings to develop these State regulations. Commissioner Williams understood that even if NDOT developed a guidebook the County would not be mandated to take a road. Bill Hoffman stated that assumption was correct. He stated it was obvious at NDOT some roads were meant to be relinquished. He hoped they could step up with a reasonable negotiation so that both sides were comfortable. He did not think they should shove roads down their throat but felt there were some roads that should be County or City roads. Bill Hoffman felt there was room for

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 4, 2014 PAGE 4 negotiations and he was committed to working with all the entities to make it fair and reasonable. Bill Hoffman stated on behalf of NDOT their hearts and prayers go out to those families of the individuals that were involved in the crash last week on Lamoille Highway. He noted NDOT’s number one priority was safety and the district staff met with DPS a few days after the crash to see what they could do to make that intersection safer. Bill Hoffman stated they have a Highway Safety Plan that was nationally recognized and statewide crashes were down approximately 15% compared with this time last year. He stated the fatalities were down 10.6 percent. He stated they were committed to reaching the driving through decision making or engineering solutions to make them better safer roads. Bill Hoffman stated they were doing an I-80 freight study because freight and goods movement were the backbone of the Country’s and Nevada’s economy. They were looking at solutions to improve the freight movement and reduce congestion and delayed time. Commissioner Guttry inquired about the new interstate going north and inquired if the Canamex highway corridor would become a reality. He had heard it may be going up through Wells to Reno toward the Canadian border. He believed there were two routes being looked at. Bill Hoffman stated the Canamex Freeway or Interstate 11 would go from Mexico to Canada. He stated it was going up to Phoenix, Arizona through Las Vegas. He stated portions of that Interstate was under construction between Hoover Dam and the Henderson area. Bill Hoffman stated that they were conducting an I-11 corridor study but this project was far into the future. He stated this was important to Nevada and felt they should get more input from Idaho to see where they would like it to go through. Bill Hoffman stated no decision would be made today and the corridor study may take about 15 years. He stated there was a lengthy environmental process. Commissioner Gerber inquired if there was more than one corridor being considered. Bill Hoffman stated several corridors were being considered. He noted with the network of Nevada state highways it could go in either direction. Commissioner Gerber inquired if it was possible it would go up I-15 through Utah. Bill Hoffman stated it was being studied as coming up from Las Vegas and it could go up Highway 93 or Highway 95. He stated comments would be taken and they would look at all the issues. Commissioner Williams noted Highway 93 out of Wells was extremely busy and there had been several fatalities. He inquired if there was planning in the future for expansion of Highway 93 whether it was more lanes or more turnouts going north out of Wells.

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Bill Hoffman stated through the County workshops they could look at some of these issues and needs. He believed the engineering and crash data may already be available. Kevin Lee, District III Engineer, stated they already started on all the state routes extending slopes and constructing passing lanes when they do major construction projects. Commissioner Williams stated he heard comments all the time from people who say that road toward Boise going through Owyhee was more favorable than going on Highway 93 north out of Wells. Kevin Lee did not believe there was anything within the 5 year plan on Highway 93 north. He stated they have to get through the funding issues. Commissioner Guttry stated he drives between here and Carlin a couple of times a week and believed NDOT would trade all the County roads for the Carlin tunnels. Kevin Lee stated there were eight bridges in that section of road. Commissioner Guttry noted Q and D Construction had handled the traffic very well on that section. Bill Hoffman stated Q & D have met with Kevin Lee and Mike Murphy and put a lot of work in that project to meet the budget and schedule on that tunnel project with those bridges. He gave a review of their 2015/2024 work program of pavement preservation and safety projects. He gave an overview of the projects wherein the local districts performed the work. He stated they were involved with the urban transport system and were installing salt sand pads. He noted there would be another wildlife safety crossing installed in 2016. Commissioner Myers inquired if NDOW paid for the wildlife safety crossings. Kevin Lee stated their past projects were a combination of federal safety funds, NDOT funds and various wildlife groups including the NDOW contribution. Commissioner Dahl inquired about the overpass at Silver Zone and if that crossing was working. Kevin Lee stated they have cameras at the various crossings and would learn more from that data. He stated on the crossing at 10 mile there was over 3,500 animals per migration over the top. He commented the overcrossings work better that the underpasses. Commissioner Williams stated the Northeastern Nevada Stewardship Group would be reporting upon the success of the overpasses and he could get that information from them. Mike Murphy stated the person who would be giving that presentation was NDOT’s grad student who did their research up on Highway 93. He stated she

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 4, 2014 PAGE 6 was hired as a full time position in their environmental section and had a lot of good information on the three overcrossings and 2 under crossings. Commissioner Williams asked that he e-mail that presentation to Robert Stokes. Commissioner Dahl inquired if there was a plan for an overpass on the Pequops. Mike Murphy replied that was in their long range element but they have not been able to fund that project. He stated when they do major work on the summit they would try to incorporate the safety aspect into the roadwork. Commissioner Gerber commended Mike Murphy and NDOT for the advice they gave them on their 300 mile ride from Elko to Carson City. Commissioner Williams commended them on the project from Mountain City Highway through town. He stated the businesses were happy that they were working at night, the safety signage was working great and the job was getting done. Mike Murphy stated their efforts were compounded locally with the involvement between the county and city before the contracting. He stated they have a long ways to go and doors to tear up sidewalk in front of. Mike Murphy hoped they reduce the impact to the businesses and hoped for a small period of time to impact the businesses. Commissioner Myers inquired about the big plates. Mike Murphy replied those were drop inlets for the collection of storm water and they have to build new units so they have to do excavation of the hole or the concrete was curing. Bill Hoffman reported that Mike Murphy would be retiring in August and commended Mike. Mike Murphy stated the party was in August but he would retire in January. MOTION: Commissioner Dahl moved to approve the NDOT 2015 Annual Work Plan. Commissioner Guttry seconded the motion. The motion passed unanimously.

2:27:00 PM: V. SOUTHWEST GAS CORPORATION: Discussion and consideration of approval of renewal on the franchise agreement between Southwest Gas Corporation and Elko County with a term of 25 years. The original agreement was signed in 1964 with a 25 year extension amendment signed in 1989. The current agreement expires in September of 2014.

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Kristin McQueary reviewed the agreement with legal representation of SW Gas Corporation and everything appears to be in order. She noted the agreement was updated and modified to make it simpler. MOTION: Commissioner Williams moved to approve the renewal of the franchise agreement between Southwest Gas Corporation and Elko County with a term of 25 years. Commissioner Guttry seconded the motion. The motion passed unanimously.

2:28:38 PM: VI. ELKO COUNTY BOARD OF EQUALIZATION: A. Discussion and consideration of appointment of Shawn Bledsoe to fill the vacancy left by Kelly Buckner. The term of this appointment would expire on June 30, 2018. Katrinka Russell stated Kelly Buckner had resigned and Wes Bowlen had passed away May 10, 2014. MOTION: Commissioner Dahl moved to appoint Shawn Bledsoe to the Elko County Board of Equalization for a term to expire on June 30, 2018. Commissioner Guttry seconded the motion. The motion passed unanimously.

B. Discussion and consideration of the appointment of Kellie Nicola to fill the unexpired term of Wes Bowlen with expiration of the term on June 30, 2015. Commissioner Williams inquired if these positions were advertised in the newspaper. Katrinka Russell stated there was an advertisement but they do not have a lot of people interested in sitting on this Board. MOTION: Commissioner Dahl moved to appoint Kellie Nicola to the Elko County Board of Equalization for a term to expire on June 30, 2015. Commissioner Guttry seconded the motion. The motion passed unanimously. Kristin McQueary stated since there were so many new board members she suggested they schedule a training prior to the Board of Equalization to go over the laws and regulations. Katrinka Russell stated there was a meeting scheduled for December and inquired if Kristin would like to attend. Kristi McQueary would attend that meeting with the new members. 2:31:00 PM: VII. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. The Law Library minutes and Library Board of Trustees minutes were submitted previously for preview.

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Jeanette Hammons, Library Director, reported during May they had 13 story times with 538 participants, held 5 outreach story times with 197 attendees, 2 student outreach programs with 9 participants, one English program with 5 participants and 2 summer reading programs with 182 participants. Jeanette Hammons stated there were 2 adult JOB Connect training workshops with 10 participants. She stated there was branch training on the 22nd of May. She said the Elko staff training would take place in August and the Library would be closed that day. Jeanette Hammons reported there were 28 meetings held in the meeting room with 1,545 attendees and that did include early voting. She stated they had 1,817 internet sessions with 18,750 visitors through their doors. She noted the circulation was 13,105 items with 125 new patrons joining in May which brought the total number of patrons to 11,028 for the Elko Library excluding the outlying branches and bookmobile. Commissioner Myers thanked them for attending the Vision Elko meeting. Commissioner Williams commented “Just Desserts” was very sweet. Jeanette Hammons stated it was very successful and she would report upon that event later.

2:34:14 PM: VIII. ELKO COUNTY AMBULANCE SERVICE: Discussion and consideration of approval of a mutual aid agreement between Elko County Ambulance Service and Wendover Ambulance. This is a near duplicate of the previously approved agreement between Elko County Ambulance Service and Owyhee Ambulance. Chris Sloman stated there were minor changes to the template. He noted Kristin McQueary did a legal review upon the Agreement. MOTION: Commissioner Guttry moved to approve a mutual aid agreement between Elko County Ambulance Service and the Wendover Ambulance. Commissioner Williams seconded the motion. The motion passed unanimously. Commissioner Williams attended a funeral service yesterday and many of those people voiced appreciation of the ambulance service that was given at the time of the accident and asked that Chris express their gratitude to his staff. Rob Stokes stated his daughter was involved in accident last night and expressed appreciation for their professional and helpful manner of the staff. 2:36:45 PM: IX. ELKO COUNTY PUBLIC WORKS: A. Aviation Appreciation Month: Discussion and consideration of approval of Proclamation 2014-I proclaiming June as Aviation Appreciation Month, in recognition of the positive impacts of aviation in Elko County.

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MOTION: Commissioner Guttry moved to approve Proclamation 2014-I proclaiming June as Aviation Appreciation Month. Commissioners Williams and Dahl seconded the motion. The motion passed unanimously. Commissioner Guttry read the Proclamation into the record. Commissioner Myers asked that copies be sent to the airport and the City. Randy Brown had spoken to Lynn yesterday who has left the hospital but he would be on light duty for a month or so. Robert Stokes spoke to Lynn Forsberg on the phone and commented he sounded good for his circumstances.

B. Jackpot Sewer: Discussion and consideration of bids with possible awarding to lowest bidder of the Jackpot Wastewater Treatment Plant (WWTP) Pond Cover Project. Randy Brown stated they had received two bids, Lemna Technologies Inc. in the amount of $72,420 and the second bid from Costal Netting Systems was $69,130. He stated staff recommends they award this project to Costal Netting Systems in the amount of $69,130. Commissioner Williams asked if Costal Netting Systems had performed any work here before. Randy Brown stated this was a new system. He explained this system keeps sewage water stirred up so it does not settle and they use this with the regulators. MOTION: Commissioner Dahl moved to accept recommendation of staff (to award the bid to Costal Netting System in the amount of $69,130) for the Jackpot Wastewater Treatment Plant Pond Cover Project. Commissioner Williams seconded the motion. The motion passed unanimously.

2:41:55 PM: X. ELKO COUNTY SHERIFF’S OFFICE: A. Discussion and consideration of approval to award bid for the Elko County Jail Men’s and Women’s Housing Unit Additions pursuant to Notice 17- 2014 Invitation to Bid. This project adds 100 beds and approximately 9700 square feet at the John Carpenter Law Enforcement Center - Elko County Detention Facility. Bids were received by and opened on June 2, 2014. The Architects addendum to the bid was presented the Board for review. Commissioner Myers disclosed that Lombard-Conrad was his clients and his son worked in the Jail. He would not vote on this item. Byron Smith of Lombard-Conrad Architects was present.

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Cash Minor reported that four bids were received: Ormaza $3,980,021; MGM $4,114,252; Sletton $4,590,000; Ascent $4,521,000. He stated they had budgeted $4.1 million dollars for the project. Cash Minor reported they totaled their architecture cost for all phases and their recommendation was to approve Ormaza Construction as the lowest bidder with Alternative #3 for a total cost of $4.16 million dollars which leaves a deficit of $64,000. Cash Minor stated to cover the deficit they would do an interfund loan between capital construction and PILT. He stated they would pay that back in the following year unless more Net Proceeds come in. MOTION: Commissioner Guttry moved to award the bid to Ormaza Construction being a base bid of $3,643,327 with Alternate #3 in the amount of $219,350 for a total cost including construction and design management in the amount of $4,164,047 for the Elko County Jail Men’s and Women’s Housing Unit Additions. Chairman Myers requested that he add to his motion where the funding deficit would come from. Commissioner Guttry amended his motion to include the deficit of $64,047 to be paid as an interfund loan from PILT to be repaid within 12 months or from excess funds of net proceeds. Commissioner Williams seconded the motion. Commissioners Guttry, Williams, Dahl and Gerber voted aye. Commissioner Myers abstained. The motion passed by 4-0-1 majority vote. The Board had a short discussion upon how the bidding was very close on the project.

B. Report of activities related to the continuing operation and activities of the Elko County Sheriff’s Office. Sheriff James Pitts reported they were at 92% of the fiscal year and the patrol side was at 90%, the Jail side was at 88% so their numbers were good. He reported in May there were 953 total activities; they did 445 reports; made 32 felony arrests, 49 misdemeanor arrests, 8 DUI arrests, 18 drug arrests, 114 agency assists, 539 traffic stops, 212 tickets, and responded to 187 animal calls. He stated the rural deputy did 164 activities, wrote 14 reports, 1 felony arrest, 4 misdemeanor arrests, had 10 traffic stops, wrote 8 tickets, and answered 1 animal call. Sheriff Pitts stated the Detectives had 743 hours of investigation time with 593 hours in investigation, 35 hours in administration, 32 hours in special assignment, 52 hours in training, 11 hours of agency assist, 19 hours of patrol assists, with no jail assists this month. Sheriff Pitts reported there were 144 active cases, 456 inactive cases, they opened 27 new cases and closed 28 cases. He stated they have leads on the body found out of Jackpot. He reported

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 4, 2014 PAGE 11 they were waiting for voice analyst on the bomb threats here. He stated they issued 41 CCWs, 25 out-of-state CCWs, registered 5 ex-felons, took 100 prints, registered 29 sex offenders, issued 6 work cards, took a total of 206 fingerprints and had 745 people in the front office for the month of May. Sheriff Pitts stated they were covering the Elko Police Department fingerprinting because their machine was down. He stated they did 302 civil services, with 906 attempts and there were 233 warrants. Commissioner Guttry inquired if he said six sex offender arrests. Sheriff Pitts explained that was registration not new arrests and reviewed the new law with more frequent registration. Sheriff Pitts stated they had collected $16,141.24 in fees at the jail and have billed $63,000. He stated some have made arrangements to make monthly payments. He commented the incarcerated where still getting fed and the inmates were still seeing the doctor. Commissioner Myers stated during his 11.5 year term he had never seen the Sheriff’s Department budget stay in budget until the last few years. He commended the Sheriff’s Department for caring about the taxpayer. Commissioner Williams inquired how many inmates were in the jail. Sheriff Pitts reported there were 143 inmates in the jail with 22 being females, and 121 males. He stated they have had problems with the intercom system in the jail and noted it was almost 30 years old. Commissioner Myers inquired if they were going to address that prior to the expansion project. Cash Minor stated they would award the contract and there would be a preconstruction meeting on the 26th of June then they could issue the Notice to Proceed. Sheriff Pitts stated he would speak with Byron about the intercom on the 26th of June during the preconstruction meeting. Commissioner Williams noted most litigation being addressed was from previous years. He commented there was an increase in patrol areas of the County where there were major problems. He stated the County was in a crime wave. Sheriff Pitts stated they were off FTO so all duty stations were at full staff. Commissioner Myers inquired if when the jail was constructed would the Sheriff pull the other personnel from here for the fourth person in order to make a full rotation because only three deputies were funded for the jail expansion. Sheriff Pitts would try to backfill from the Sheriff’s Department rather than take them from the courthouse security and then have to backfill for vacations, sick leave, etc. He stated he and the Undersheriff had been making the transports to the Courts when needed.

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2:59:14 PM: XI. COMMISSION AND COMMITTEE REPORTS: Informational reports from Commission members regarding various committee, liaison or agency issues as may be appropriate. A. Demar Dahl, District 1 Commissioner: Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Public Lands Chair, Nevada Association of Counties (NACO) Board, WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, Elko County Conservation Districts Liaison, American Lands Council / Western Counties Alliance, Nevada Land Management Task Force. Commissioner Dahl reported last summer they started the project of getting fiber optics into Jarbidge and the company found that in a small area the right of way was not approved. He stated they ended up trespassing upon BLM for a length of 1,100 feet and the width of 10 feet. He stated the company was fined by the BLM and they were ordered to rehabilitate the area. He stated they then were ordered to plant a certain type of sagebrush. Commissioner Dahl stated when the company was told they could only use experience people to do the planting they appealed the BLM decision. He stated the project was now held up and the BLM stated it may take two years to work through the appeal. Commissioner Dahl stated this was just another indication of how many problems may be easily solved if the public land belonged to the State and they could solve the problems closer to home. Commissioner Dahl reported NACO filed a suit to ask the Court to require that the BLM maintain the appropriate management level on the horse numbers. He stated two more co-complainants had joined the suit, one of which was the Coalition of Wildlife. He reported Western Interstate Region Board met last week in Alaska. Commissioner Dahl commented at those meetings the people in the northwest have been saying they needed more SRS funding but now they were saying keep your money we want our resources back so we can start to harvest and provide jobs in our communities. He had heard the same reasoning with PILT. Commissioner Dahl stated there were several economic analysis recently done or in the process of being done that determined if Nevada was to manage its own public lands they could do it at a profit. He stated the Nevada Land Management Task Force met last Friday and drafted a report for the Legislative Public Lands Committee who would meet here on the 12th of June. He stated Michael Baughman from InterTech would also be present at that meeting. Commissioner Myers stated he would be doing the briefing to the Public Lands Committee on June 12th and asked the Board to submit any information to him that they want him to cover at that meeting. He stated as seen by the ELKO COUNTY COMMISSION REGULAR SESSION JUNE 4, 2014 PAGE 13

Congressional testimonies they cannot get rid of federally appointed people. He noted if they were State appointed it was much was easier. Commissioner Dahl inquired if the Legislative Council Bureau requested a form from Commissioner Myers because the task force had to give reports prior to the meeting. Robert Stokes stated they would draft an outline.

B. Charlie Myers, District 2 Commissioner: Commission Chair, Liquor Board Chair, Veteran’s Affairs, Nevada Department of Transportation (NDOT) Liaison, Northeastern Nevada Regional Development Authority (NNRDA), Debt Management Commission, Auditorium Authority Board (ECVA), Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison, Nevada Division of Forestry Liaison, USFS-RAC. Commissioner Myers had attended the POW/MIA meeting last night and noted the information put out was do not jump to conclusions based upon the media hype given on Sgt. Bowe Bergdahl. He stated there would be a hearing held to determine if there would be a court martial or if it would be dismissed. He reported the Mining Expo starts today at the ECVA. Commissioner Myers stated the POW/MIA was escorting a piece of the World Trade Center into the Elko County today to go on display during the Mining Expo. He reported last night an NDF employee twisted his leg.

C. Glen Guttry, District 3 Commissioner: Highway Board Clerk /Regional Transportation Commission (RTC), Hospital Board, Recreation Board, Humboldt River Basin Water Authority, Elko City Liaison, Elko Senior Activity Programs Board Liaison, National Guard Liaison. Commissioner Guttry reported the Hospital Board would meet at 6:00 p.m. tonight and they were now holding monthly meetings. He stated the Recreation Board meets on Wednesday. He noted they had a Humboldt River Basin Water Authority meeting on the 9th day of May with a follow-up phone conference. Commissioner Guttry continues to update the City of Elko on the County’s activities. He stated the Senior Citizens Center was doing fine and the City Council approved funds for a parking lot overlay there. He reported a new sign made of rock was donated and would go up on the corner of Ruby Vista and Ruby View.

D. R. Jeff Williams, District 4 Commissioner: Highway Board Chair /Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, California Trails Center Board Liaison, Natural Resource Management Advisory

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Commission Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Sheriff Department Liaison / LEPC Liaison, Library Board of Trustees Liaison, School District Liaison / CIS – Communities in Schools, Nevadaworks. Commissioner Williams reported he was accepted upon the BLM Natural Resources Advisory Committee and they took a field trip on 15th of May through a power plant. He stated last weekend was the California Interpretive Trail Center Day with more volunteers helping and approximately 1,200 people attending this year. He had met with Wendy Garrison of China Springs and attended the Advisory Board meeting in Minden. He commended that organization for what they do for the youth in the State of Nevada. Commissioner Williams stated it was a pleasure to serve the last four years as the Sheriff liaison and he appreciated the Sheriff and what his department does for the people in Elko County. He believed the School Resource Officer Program would go forward but that program would not start before October. He commended Mike Pederson for his department.

E. Grant Gerber, District 5 Commissioner: Commission Vice-Chair, Spring Creek Association Liaison, Great Basin College Liaison, Te-Moak Tribe of Western Shoshone Indians Liaison, Shoshone- Paiute Tribes of Duck Valley Liaison, Central Nevada Regional Water Authority (CNRWA), Museum Board, Natural Resource Management Advisory Commission Alt. Liaison, American Lands Council Alt Liaison. Commissioner Gerber encouraged the new President and the Spring Creek Association Board to come and introduce themselves to the board. He continued to work with the Te-Moak Tribe of Western Shoshone Indians and stated they were good, intelligent leaders who were pleased to have more contact with the Commission. He suggested a joint meeting be held with them. Commissioner Williams supported that proposal. Commissioner Gerber stated the Museum Board had a major project that he could not announce at this time. He noted tomorrow they would discuss the American Lands Council.

3:14:59 PM: XII. COMMISSION MEETING CALENDAR: June 18, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. July 9 & 10, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. July 23, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. August 6 & 7, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m. August 20, 2014 – Nannini Admin Bldg., Suite 102 – 1:30 p.m.

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MOTION: Commissioner Dahl moved to approve the Commission Meeting Calendar. Commissioner Williams seconded the motion. The motion passed unanimously. Commissioner Williams stated he would be absent on the 18th of June. He inquired who would be on Elko Live at that time. Commissioner Myers volunteered to go in his stead at the radio program. Commissioner Guttry stated he would also be gone on the 18th of June.

3:15:58 PM: XIII. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager’s Office. B. Approval of minutes: 1. April 2, 2014 2. April 16, 2014

MOTION: Commissioner Guttry moved to approve the Consent Agenda. Commissioner Dahl seconded the motion. The motion passed unanimously.

3:16:31 PM: XIV. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Randy Brown had sent out an e-mail about Bill Dunkelberger, Forest Service Forest Supervisor for the Humboldt-Toiyabe National Forest, visiting Elko next week. He stated Mr. Dunkelberger would like to have a dinner meeting on the 11th of June with the Board. Commissioner Williams commented he would be out of State at that time. Commissioner Guttry would be having knee surgery. Randy Brown had sent out the draft comments on the Army Corps of Engineers EPA. He had spoken to Dagny Stapleton of NACO and believed NACO would put out an additional report. Randy Brown stated there had been over 8,000 requests for an extension of time for the comment period. He stated there was a lot of concern about the ditches and issues with the verbiage “other waters and adjacent waters”. Commissioner Dahl inquired if he had received Paul Bottari’s comments. Randy Brown had not received anything from Mr. Bottari. H commented this was far reaching and he believed the EPA was thumbing their nose at the Supreme Court. Randy Brown stated they were looking to “make the process easier” but felt they were trying to establish that all waters come under them. Commissioner Dahl commented this was a nation-wide fight. Robert Stokes commented he had enjoyed his Denver vacation with his Grandson.

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Commissioner Myers asked if any of the Commissioners planned on attending the 4th of July event and if they wished to be part of the program or give out plagues. He asked the County Manager to appoint staff or someone to the NNSS Board. Commissioner Myers had stopped at Loves gas station on his way to Reno and ran into one of the riders that rode horseback with Commissioner Gerber on the Grass March to Carson City. Commissioner Guttry asked if the Board wanted Southwest Gas here to talk to them about service to Spring Creek. He and Robert Stokes met with the District Manager and the local Manager three months ago in Carson City over the phone. He had spoken to Ken Krater and they were pursuing the 6” gas line to Spring Creek to their development along with the Spring Creek High School. He understood Spring Creek may never get gas and that was the current status. Commissioner Guttry commented at Spanish Springs they put out a survey to 500 residents and only 100 responded because the rest would not pay for the infrastructure. Commissioner Guttry stated it would be expensive to get gas to each house in Spring Creek. He had received an e-mail from Christian Gerlach, of Nevadans Against Fracking, addressing some of the comments that Commissioner Gerber had made. Commissioner Guttry stated that organization was trying to stop fracking in Nevada and requested the County to ban fracking. Commissioner Guttry noted it was a state and federal issue and the County could not stop the fracking. Commissioner Guttry had met with Rich Perry, Administration of the Nevada Department of Minerals, this morning and yesterday there was fracking that took place at the mine near Mary’s River on the Hooper property. He stated the fracking used 350,000 gallons of water and the 19 processes took one and a half hours. Commissioner Guttry stated that they have pulled 400 barrels oil out of the first frac they did in March and shipped it to Salt Lake City. He noted SB 390 legislation said the Nevada Department of Environmental Protection and the Department of Minerals had to work cooperatively to establish the regulations on fracking. He noted the e-mail stated the Nevada Department of Protection openly stated they were not taking part in writing the regulations. Commissioner Guttry stated that was false because the NDEP have been involved since day one in writing those regulations. He noted the e-mail also stated the process took one to ten million gallons of water per frac. Commissioner Guttry stated that was untrue it took 325,000 to 350,000 gallons to frac. He noted the e-mail also stated a well can be fracked up to 10 times in its lifetime. Commissioner Guttry noted Rich Perry stated that was highly unlikely it may be fracked twice. He requested authorization to respond to the e-mail on behalf of the County or have the County Manager respond once Rich Perry gives him the numbers in writing.

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Commissioner Dahl suggested Commissioner Guttry get the numbers from Rich Perry and he wanted to give those numbers to Patsy in Lander County. He stated the facts had to get out to the public. Commissioner Guttry stated Rich Perry was shocked Lander County was siding with the Center for Biological Diversity. He had suggested to Rich Perry to speak with Chairman Myers because he had an open communication with the Lander County Chairman to schedule a meeting and present the facts. Commissioner Gerber stated he would be in Battle Mountain on Friday meeting with Congressman Amodei and touring the allotments. He would talk to the ranchers and would report back to the Board. Commissioner Williams noted Lander County protested the fracking and he really would like to know what was happening. Commissioner Dahl said Patsy told him that they want to postpone fracking until all the studies were made. Commissioner Guttry noted the comment period was closed and the rules would be approved by the State Board who oversees the Department of Minerals tentatively on the 28th day of August in this chamber. Commissioner Dahl noted it was a matter of education of the public. Commissioner Williams stated at their last Commission meeting it was reported all counties were invited to attend the grazing tour but Humboldt County claimed they were not invited to the tour on the 17th of May. Kristin McQueary congratulated the Board on a record breaking meeting.

3:32:07 PM: XV. COMMENTS BY THE GENERAL PUBLIC: Assemblyman John Ellison had a telephone conference with the American Land Council this morning and they requested pictures or videos of what went on at the Tomeras Ranches. Robert Stokes stated Mike Laughlin’s pictures would be presented to the Commissioners tomorrow. He stated they had problems with SB 210 which would impact Elko County. He stated the intent of the bill was not to impact Coach America by making them do FBI checks and taking fingerprints. He stated the bills intent was for taxi cabs and small charter busses. He had spoken with Andy, Director of Transportation, Senator Goicoechea, and the Legislative Council Bureau regarding this bill. He stated they could file suit in Elko to stop this regulation and they had submitted a BDR to make the changes. Assemblyman Ellison stated it was having a financial impact on that company of $150.00 per employee. Commissioner Myers inquired how that would impact Get My Ride. Cash Minor believed Get My Ride would be exempt.

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3:35:44 PM: XVI. ADJOURNMENT

MOTION: Commissioner Williams moved to adjourn. Commissioner Dahl seconded the motion. The motion passed unanimously.

There being no further business to come before the Board, the meeting was adjourned at 3:35 p.m.

APPROVED,

CHARLIE MYERS, Chair

ATTEST:

MARILYN TIPTON, Deputy Clerk

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Elko County Board of Commissioners

Commissioners Demar Dahl Grant Gerber Glen Guttry Charlie Myers R. Jeff Williams Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. JUNE 5, 2014

The Board of Elko County Commissioners met in regular session on Thursday, June 5, 2014, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada.

There were present: County Commissioners Charlie Myers, Chair Demar Dahl Grant Gerber Glen Guttry R. Jeff Williams County Manager Robert Stokes CEO/Asst. County Mgr. Cash Minor Planning/NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Sheriff James Pitts Supervisor Planning/Zoning John Kingwell

Chairman Myers called the meeting to order at 1:30 p.m. Chairman Myers led the meeting participants in the Pledge of Allegiance.

1:31:02 PM: I. COMMENTS BY THE GENERAL PUBLIC: No comments were received.

1:31:22 PM: II. ELKO COUNTY FAIR BOARD: Discussion and consideration of the appointment of Goivanni Puccinelli to fill the vacancy left by George Kleeb, whose term expires December 31, 2015. MOTION: Commissioner Dahl moved to appoint Goivanni Puccinelli to the Elko County Fair Board for a term which expires December 31,

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2015. Commissioner Williams seconded the motion. The motion passed unanimously. 1:32:11 PM: AGENDA ADENDUM: BUREAU OF LAND MANAGEMENT: Presentation by Russell Japuntich, BLM Biologist, regarding life after listing of the Gunnison Sage Grouse and how work was handled since the listing in Colorado. Russell Japuntich, BLM Biologist, stated the title of the agenda item stated it was after listing but the Gunnison Sage Grouse was not listed yet. He had asked that be listed that way so he could explain their actions in Gunnison that helped delay the listing and how the community worked to address the upcoming listing. Russell Japuntich gave an overview of the livelihood and lifestyles in Gunnison and how the listing would affect the people within the community. He inquired what the biggest fear was of the Commission with regards to the potential listing. Commissioner Guttry replied it would shut down mining. Commissioner Williams reply was it would close public lands. Commissioner Myers replied restricted access. Commissioner Dahl noted what the spotted owl listing did to the northwest and felt they could be in the same situation. Commissioner Gerber pointed out the map displayed at the back of the room of Elko County and stated the BLM Interim Management Plan had cost Elko County tens of thousands of dollars. He believed it would only get worse if the species was listed such as the spotted owl. Russell Japuntich commented they were a small community in Gunnison and people come for the Western State University, public lands, recreation, and historically it was a ranching community. He stated in 2000 the Gunnison sage grouse was designated as a candidate for listing and in 2006 there was a decision that the listing was not warranted. Russell Japuntich stated in 2010 the sage grouse again became a candidate species for listing due to threats of lawsuits. In 2013 they had a proposed listing of endangered species, and in early 2014 they were to have the final listing but were granted an extension until November to have the regulations in place to be ready for the listing. Russell Japuntich stated the Gunnison Basin was 40 miles long and 30 miles wide and they were at 7,700 feet and up to 14,000 on the mountains. He stated the BLM surrounded the community of Gunnison and the private land was along the highways, rivers and creeks. He commented there were 593,000 acres with 300,000 managed by the BLM and the Forest Service has a portion. He stated their rare species was located in their basin and several small populations in southwest Colorado and Utah. Russell Japuntich stated their community fears ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 2 were similar to Elko’s with the end of ranching, zoning, and the end of recreation. He stated they decided to coordinate as a community and deal with the listing factors. Russell Japuntich stated the listing adds more steps to everything and he had to do a biological evaluation. He stated they were dealing with the lynx listing now. He stated through the ESA they could avoid, minimize and mitigate to be in better shape. Russell Japuntich stated they put in theirs plans how they would meet their healthy habitat and show they were not having a major effect upon the sage grouse. He stated in the ESA they have a tiered system so there was no immediate impact. He stated the community met read and summarized the determination for listing. Russell Japuntich stated there were five factors in the determination of the listing: 1) Damage to or destruction of a species habitat; 2) Overutilization of the species for commercial, recreational, scientific, or educational purposes; 3) Disease or predation; 4) Inadequacy of existing protections; and 5) Natural or manmade factors that affect the continued existence of the species. He stated they addressed the factors to make the biggest difference for the sage grouse. Russell Japuntich stated each year the US Fish and Wildlife Service comes and asks what updates we have done. He stated they tackled some of those listing factors so the US Fish and Wildlife Service can write in their report that we lessened the threat levels on the species. Russell Japuntich stated sage grouse was sage grouse but there were different threats in Gunnison than in Elko County. He believed they have a better ability to change the listing status if the communities work together. Russell Japuntich gave an overview of how the Gunnison community pooled their resources together to tackle the noxious weed issues and through grants, assistance agreement and cooperating agencies they were able to treat larger areas. Commissioner Guttry questioned how they treated cheatgrass. Russell Japuntich stated in Gunnison cheatgrass was not the dominate species so they targeted the areas of cheatgrass and the chemicals reacted differently at the higher elevations. He stated they were looking at other treatments for fungus and bacteria. Commissioner Dahl stated here they target the cheatgrass with cows. Russell Japuntich gave an overview on the US Fish and Wildlife Service Programs Candidate Conservation Agreement with Assurances, CCAA, and the Candidate Conservation Agreement, CCA. He stated the CCAA was a private agreement with a private landowner and the US Fish and Wildlife Service or through the Division of Colorado Parks and Wildlife. He noted they do land health assessments on ranches and document their findings. He stated the US Fish and Wildlife Service work with the landowners to come up with a permit an as long as they do their operations as they say, but it does have restrictions.

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Commissioner Dahl inquired if the US Fish and Wildlife Service goes on the ranch and writes up a plan for the operation. Russell Japuntich stated the person has to present a plan to the US Fish and Wildlife Service and in Gunnison it was actually the Division of Wildlife or Colorado Parks and Wildlife that spearheaded the work and took it to the US Fish and Wildlife Service for approval. Commissioner Dahl clarified the Division of Wildlife drafted a plan of operations for the rancher on private property and submitted it to the US Fish and Wildlife Service for approval. Russell Japuntich stated that plan gave the US Fish and Wildlife Service assurance that as long as the rancher continued his operation as defined in the plan then once the listing was initiated there were lesser restrictions for the rancher who was covered under the existing plan. Commissioner Dahl inquired if the landowner was locked into the plan and the US Fish and Wildlife Service dictated how the ranch was going to be run. Russell Japuntich stated the landowner can run it the way it was setup and at any point the rancher can take the voluntary out of the program without any restrictions. He stated the landowner was covered under the program under those certain guidelines to continue the operations “as is”. Commissioner Dahl inquired what the repercussion was when a rancher discontinues the program; if they would close parts of the ranch. Russell Japuntich stated it would be what restrictions that may come in the future. He stated this program was effective in Gunnison to have the assurances after the listing. Commissioner Williams inquired if they follow the plan approved by the US Fish and Wildlife Service would that give them a guarantee that they could continue to graze on public lands. Russell Japuntich replied not exactly. Commissioner Williams stated if the rancher decided to opt out of the program he inquired if that would change and put the rancher in a situation where he would be restricted more. Russell Japuntich replied not necessarily. He reviewed the CCA program where the BLM creates the document and provides the guidelines upon public lands. He disclosed he did not work for US Fish and Wildlife Service and was not representing USFW. He stated he was trying to explain their community approach. Russell Japuntich stated under the CCA they outlined the management practices that they can work with and the US Fish and Wildlife Service gave them a conference opinion for continuing use. He stated they approve the way they manage the land into the future. Russell Japuntich stated their ranchers in Gunnison do see the benefits under the CCAA upon their private

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 4 lands and wanted to carry it across to the public lands under a CCA. Russell Japuntich stated they wanted to see ranching, recreation and real estate continue in Gunnison. He stated they mitigated the grazing through what days they would be at use which was normal under the permitting process and mitigate habitat loss if there was something that would eliminate the land or help reclaim or improve land somewhere else. He stated they received a conference opinion from the US Fish and Wildlife Service who agreed with the plan and included a sage grouse statement wherein it stated if the sage grouse does get listed they will take the CCAA and turn it into a biological opinion so they can continue to do the things in the plan after the listing. Russell Japuntich stated the goal in Gunnison was to try and protect in the future. He reported there were 14 private landowners with 50,000 acres under CCAAs with letters of inclusions so the ranchers can continue their operations without more regulation. Russell Japuntich stated Jill Silvey had requested him to present to them what steps Gunnison took in looking at the listing levels and tell them how they tackled the highest factors. He stated in Gunnison it was the habitat degradation or loss and the lack of regulatory mechanisms which often was the case. Russell Japuntich stated during this process the BLM learned to understand people’s lifestyles and livelihoods and the people’s thoughts about what the important factors were upon public lands. He noted in a week and a half the Sage Grouse Summit would be held in Elko at the Elko Conference Center so there will be hundreds of people who deal with sage grouse here and would be a unique opportunity for people to learn more about sage grouse. He stated there were field tours by Barrick, BLM and Noble to tour the habitat improvement projects that were done across the region. Russell Japuntich stated he wanted to inform them what Gunnison had done to prepare for the listing and hoped their actions would lead to delisting or down listing in the future. Commissioner Guttry inquired if they had to deal with Western Watersheds in Gunnison. Russell Japuntich replied in the affirmative. He stated there were several groups and they had a local environmental group at all their meetings. Commissioner Guttry inquired if their agenda was the same to remove all cows from public lands. Russell Japuntich stated he did not want to speak upon environmental groups since he was BLM. He stated he did not know if they had the same level of problems because he had not been here long enough. He stated they deal with protests and appeals but bringing the local groups to the table and helped them have more buy-in across the basin. Commissioner Guttry inquired if he thought threatened was better than endangered.

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Russell Japuntich believed threatened was better. He stated you would see the difference between threatened and endangered upon a private landscape. He noted there would be more money contributed to projects to get the species delisted if it went threatened than endangered. Russell Japuntich volunteered to e-mail the names of the Commissioners in Gunnison if they were interested in their projects or their opinions about threatened versus endangered. He stated if it was listed as threatened then it was only one step down from being delisted. Commissioner Dahl voiced appreciation to Mr. Japuntich for coming and explaining what they had accomplished in Gunnison. He believed this proves that the whole listing of the sage grouse doesn’t have very much to do with the bird but more with control. He noted most of what he had told them today was about the control for not only public land but also upon private land by the government. Commissioner Dahl stated in Nevada they have spent a lot of time and money and worked hard to prevent the bi-state listing. He noted the Governor had sent a letter to Sally Jewell which was ignored by her. Commissioner Dahl commented the letter stated the case how hard they had worked and the effort put in to keep the species from being listed. He did not believe this listing had anything to do with the bird but more with control. Commissioner Myers inquired when they were looking at the issues with the Gunnison Sage Grouse were there any pre-procedures that caused economic development not go through because they were anticipating listing of the bird. Russell Japuntich stated they had not seen that. He noted they had a local group that included County Commissioners, realtors, business people, etc., which looked at that all along. He noted they have not seen that change but there was the fear of what would happen when the species was listed but for the most part they have not seen a slowdown. Commissioner Myers stated that was why they were so skeptical because the bird was not even listed and under interim managed by the BLM it lost them the China Wind Project which was $1.8 million dollars in tax revenue to Elko County and approximately 700 jobs between Nevada and Idaho. He stated there were initially 61 or 62,000 acres of oil and gas leases removed from possible use. He noted they later found out there was 100 to 120,000 acres that were never acted upon. Commissioner Myers stated the bird was already having a negative economic impact upon us and it was not even listed. He inquired if the same happened in Gunnison. Russell Japuntich stated not the same but in Gunnison they do not have energy development or gold prospects. Commissioner Dahl inquired if John Martin was a Gunnison County Commissioner. He noted John Martin was the Chairman of the Western Interstate Region of NACO and they just had a meeting a week ago. He stated

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 6 they had heard a lot from the Commissioners in Colorado and they were not happy with what they anticipated would be the result of that bird being listed. Russell Japuntich stated each group and each public were trying in their own way figuring out how to fight the listing in any way. He stated in Gunnison they wanted to start working on something so if it did get listed. Commissioner Williams inquired if Gunnison discussed fires as a factor. Russell Japuntich said their region was much different than the Elko region. Commissioner Myers noted predation was discussed. Russell Japuntich stated that factor was not rated as high with the Gunnison group and they wanted to manage the higher priority threats. Commissioner Williams inquired if their habitat loss was because of transformation of sage grouse habitat into something else such as clearing or real estate. He stated most of the loss of habitat in Nevada was due to fire. He noted that Mr. Japuntich commented they did not see many problems with cheatgrass which was the common invasive species in this area country. Commissioner Williams noted they do have a thing in common because they were claiming we also have a loss of habitat but there was very little else that really was the same. He commented this Board felt that grazing could solve the problem of fires which threatened the habitat. He stated the Board also believed if they took care of the raven it would increase the number of the birds. Commissioner Williams stated when they look at that they feel that US Fish and Wildlife Service was really not looking at that at all because they were given 5,000 permits to take ravens yet the ravens continue to multiple at a level faster than the permitted number. Commissioner Williams stated even though they felt grazing would help it was not high on their priority list of the things that would help the most. He noted those were the two things that the Commission had focused upon. Commissioner Gerber reported they have three pilot projects in the County and invited him to take a tour with him to get his opinion. He stated they had hired Todd Black as their biologist for those projects. Commissioner Gerber felt the tour would explain what they have been doing and he may be able to give them some suggestions. Russell Japuntich stated he had been in the Elko District Office for a couple of months and had attended their meetings so he was aware of their projects. He was only here a week and a-half longer but would look at his schedule to see if he could possibly take a tour.

2:09:11 PM: III. PUBLIC LAND MANAGEMENT / GRAZING ISSUES: Review of recent events affecting public lands and grazing issues, including the Grass March and the recent tentative agreement reached by the BLM Battle Mountain District and the Argenta Allotment permittees. ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 7

Travis Gerber stated he participated in the Grass March last week and presented a PowerPoint of the Grass March photos. He noted the background history of this march has been publicized in the newspaper. He stated the BLM, under the direction of Douglas Furtado, had closed the Argenta Allotment which was 56% privately owned by the Tomera, the Filippini and the Mariluch families. He noted all of the water was owned privately on that allotment. He commented BLM who owned 44% of the allotment decided to close the entire allotment and deprive the private landowners the use of their property. Travis Gerber stated they felt it was an arbitrary decision and on May 20th representatives of the people and others organized a grass tour to view the allotment and noted in the newspaper there was a picture of Allie Bear who measured the grasses in the allotment. He stated if the cheatgrass was allowed to turn brown it would eventually burn or be wasted. Travis Gerber stated John Carpenter was instrumental in organizing this tour and told him it was a crime not to graze this grass, what a loss it was for the families, and what a fire danger it was posing. He stated on May 26th my father started the Grass March in protest. He noted in 1930 Gandhi in India protested the monopolistic British government because they prohibited India from mining their salt and led a 200 mile march to the sea to collect salt. Travis Gerber noted over the course of the years the British Government left India. He commented with the Grass March they were protesting the monopolistic power of the federal government over Nevada where 87% was federally controlled. Travis Gerber stated on the Argenta Allotment the government only owned 44% but exercised absolute control over the private landowners. He stated they started the Grass March on Memorial Day at the Courthouse and rode to Carlin where they breakfasted with Mayor Eklund and was interviewed by the Associated Press by telephone. He stated they rode to Battle Mountain and NDOT allowed them to use the medium. Travis Gerber stated Josh White helped organized the Cowboy Express which relayed the Petition from Battle Mountain to Carson City. He noted Jess White was very helpful with the Grass March. He noted they camped at Beowawe and displayed a picture of Andy Boyer who was their teamster. He stated they had a lot of grass on the range which posed a fire danger. Travis Gerber stated in Battle Mountain there was a rally and parade to the BLM office then the ride continued on to Winnemucca which was covered by the Tomera and the Filippini families. He stated from there others joined the Cowboy Express. Travis Gerber stated while this ride was happening the BLM relented with heavy restrictions and conditions and the BLM agreed that cows could be on the allotment. He stated former Governor, James Gibbons, and families turned out their cattle. He displayed pictures of the cheatgrass which was already turning brown which indicated the cows should have been out there the beginning of March. Travis

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Gerber stated Mike Laughlin would present more pictures on the turn out. He stated the Cowboy Express reached the outskirts of Carson City Thursday night. Travis Gerber commented stated on Friday morning they road into Carson City with 40 horses led by the chuck wagon, circled the block to come in front of the State Capitol. He stated the street was closed while members of the Filippini and Tomera families met with the Governor and delivered the Petitions. Travis Gerber noted in this protest they exercised 5 rights under the First Amendment: 1) The right to petition the government for redress; 2) The right of free speech; 3) The right of the press; 4) The right of religion; 5) and The right to assemble. He expressed appreciation for all the support of the ranchers of the State of Nevada and was happy to help educate all the people along the way of the importance of proper range management. Travis Gerber stated they felt this decision by District Manager Furtado was arbitrary. He commented they were grateful that the BLM relented and they hoped this did not continue. He hoped the District Manager Furtado would be removed so that these families would not have to deal with retaliation or unreasonable restrictions in the future. Travis Gerber reiterated the majority of this allotment was privately owned and these ranchers want to see the range productive. He stated those families would be the last to want to see the allotment harmed because it would harm their future production and sustainability. Commissioner Williams inquired if they were able to travel the whole route with the Cowboy Express and asked if they had to trailer up to get around the interchanges. Travis Gerber stated they had to trailer up east of Elko because there was a cattleguard without a gate, and at the Carlin Canyon for 2 miles, and again at the Palisades to avoid the bridges. He stated they covered the majority upon horseback which was over 300 miles on horseback. Commissioner Gerber commented upon an incident which occurred outside of the Capitol wherein a BLM representative was taking pictures of the riders. He had spoken to Raul Morales who was in the Reno BLM Office about taking off the restrictions, letting the cattle be turned out and dismissing Doug Furtado. Commissioner Gerber stated Raul Morales told him Doug Furtado was doing an excellent job and they believed things were being done correctly in the Battle Mountain District. Commissioner Gerber had told him about his ranching experience since 1940 and commented upon the amount of feed upon the mountain in the Argenta Allotment. He told Raul Morales that they would make an effort to rid Nevada of Douglas Furtado. Commissioner Gerber was told by several ranchers that they felt uneasy with the BLM representative taking their pictures at the rally and feared they may be targeted for punishment in the future by the BLM for participating. Commissioner Gerber stated even if that was not

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 9 the case, the intimidation factor was huge. He stated actions like this have led to the fear and intimidation that was out there. Commissioner Dahl questioned why the second in command of the State BLM would be taking pictures unless he wanted to know who were there. He believed if someone from the agency was there taking pictures retaliation must have been in someone’s thought process. Commissioner Dahl stated he was going to read an article when they were discussing the EPA but decided to bring it forward at this time. He referred to an article the President of the Mountain States Legal Foundation had written: “Two years ago on a video which surfaced of a training lecture on regulatory enforcement by the head of the EPA’s Region 6 Office which oversees Arkansas, Louisiana, New Mexico, Oklahoma and Texas. This senior administrator who was appointed by President Obama in 2009 who cited the Roman Empire as the inspiration for his mode of operation. (Administrator’s quote) “The Romans used to conquer little villages in the Mediterranean. They would go into a little Turkish town somewhere. They would find the first five guys they saw and they would crucify them and then you know that town was really easy to manage for the next few years.” Commissioner Dahl stated the MSLF President also told him “The same year the administrator gave this talk the Office charged in an Emergency Order that a Fort Worth based company had contaminated groundwater in Texas’ Park County through hydraulic fracturing and a year and one-half later the Emergency Order was withdrawn and the case was dismissed in Federal Court but only after the Judge criticized the agency for seeking penalties without first investigating the truth of the charges. A Commissioner on the Texas Railroad Commission which regulates oil and gas drilling in the State accused EPA’s Regional 6 Office of fear mongering and gross negligence.” Commissioner Myers stated the County Commission had participated on the May 17th grass tour and had written in his notes the grass was plentiful and green and looked very nutritious. He admitted he was not a biologist but he had learned a lot about the different types of grass. He had observed Allie Bear measuring the grass and was surprised by the pictures showing the condition of the range by the 26th of May. He noted nine days and they could have lost all that feed with one good storm. Travis Gerber noted that the grass was turning brown in the pictures taken on the 26th of May. Commissioner Dahl stated there was still a lot of good feed and the cattle could feed on it from now on. He stated if they were lucky to get through the fire season then the cows could winter on it. He stated if they have greasewood, shadscale and cheatgrass they would winter on it.

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Commissioner Gerber commented it was a harsh ride and when they rode out of Lovelock there were only three of them but they got more help after they got to Fallon. He thought about the pioneers crossing the flat outside of Fallon with worn out livestock and no water. Commissioner Gerber stated it was a good experience. Commissioner Williams stated all of the Board was at the grass tour on the 17th of May and saw the amount of grass that was there and a lot was cheatgrass which they all thought should have been eaten instead of being fuel for fires. He supported the ranchers and recognized like everyone else what Mr. Furtado had done down there was excessive in keeping the ranchers off the range. Commissioner Williams noted the statement made by Commissioner Gerber that he believed this proves all the BLM was out of touch with what was going on in Nevada but that really doesn’t prove that because they only have one District Manager that was taking things to excess. He noted that did not undo all the good happening in the other Districts. Commissioner Williams stated Elko County had lots of ranchers here and things were going as good as expected. He stated just because that individual was taking those pictures there was an assumption for retaliation but there was no proof that would be taking place. He believed they needed to be open-mined in some of these areas too and recognize there were a lot of good things happening on federal lands by the BLM and the Forest Service. Commissioner Dahl stated he had made the observation that when the BLM representative was seen taking pictures he left the area. He commented the Battle Mountain District Manager had a history of retaliation and getting even. Commissioner Gerber understood that Commissioner Williams believed Elko County was in good shape. He pointed out Elko County was the most burned over County in the nation because of past BLM actions. He believed the BLM should put out more cattle and sheep on the range but presently they were holding the line. He noted last year there was a reduction of grazing. Commissioner Gerber stated he had never seen the BLM propose an increase in grazing to reduce wildfire. He noted they talk about it but they never take that action. He believed the Elko County BLM was not doing right as long as they were the most burned over County. Mike Laughlin stated he had worked in the Mount Lewis District since 1973 through the Animal Damage Control Program when they had more cattle and sheep in Elko County than in any other County within the United States. He noted they had 10,000 head of sheep on Mount Lewis when he started the helicopter program shooting coyotes out of the sheep. He stated John Carpenter organized the Grass March. He stated John asked him to help put out the cattle with the Tomeras and he contacted his friend Jim Gibbons who was the former

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Governor and invited him to join them. Mike Laughlin stated they took Lee Raine, a professional photographer, with them on May 29th to turn out the cattle. He reported there were seven riders and they talked about how the grass had turned. Mike Laughlin believed they were forty to fifty days late in turning the cattle out because the grass was turning. He stated this was a huge allotment. He presented a picture display. He noted the cattle were turned out because people put the pressure on the BLM to let the cattle out. Mike Laughlin commented first it was the issue with the Bundys and now this situation with the Tomeras. He questioned BLM management over the permitting process and commented upon the abundance of feed in the allotment. Mike Laughlin noted fire suppression was a big program for the BLM but to let the allotments sit empty and let them burn under the concept of not allowing grazing was a concept he could not understand. He stated when there was 10,000 sheep and cattle around that mountain there were no fires because there was no residual feed and the cattle were turned out on the cheatgrass. Mike Laughlin noted there was lots of grass when they turned out. He understood the families went to numerous meetings to turn out cattle on their permit. He stated Lee Raine took over 400 photos on this trip. Mike Laughlin questioned what was happening between BLM and the ranchers in this State. He stated there was no rhyme or reason between the Districts. He commented in 1999 the mountain was burned and would burn again. Mike Laughlin did not think there were sufficient cattle turned out to address all the forage in that allotment. He noted he nor the former Governor had a monetary gain in helping the people turn their cattle out but they were there to help. He believed the publicity through the efforts of John Carpenter and Grant Gerber enabled the people to turn out their cattle in the allotment. Eddyann Filippini, one of the permittees on the Argenta Allotment, thanked this board, John Carpenter, Mike Laughlin, the Gerber family, Assemblyman Ellison, Senator Goicoechea, Barbara Hansen, the Cowboy Express and everyone that participated. She commented upon the crowds that turned out along the way and felt they would have not been able to turn out if it was not for this participation and publicity. She noted the presentation to Governor Sandoval brought a lot of publicity to the cause. Eddyann Filippini believed the BLM has been mismanaging Nevada’s resources for some time. She commented the grass and water was Nevada’s resources and it helps them all to make a living. Eddyann Filippini stated in the BLM Battle Mountain District they were issued a full force and effect decision on the Battle Mountain Copper Canyon and North Buffalo allotments. She stated last year in June they had to get 900 head of cows off in 100 degree heat and they found pasture for 500 head. She noted 200 head was summered in their fields and fed them hay and the rest was sold. Eddyann Filippini stated that was an economic hardship for them. She noted this

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 12 year there were no cattle on those allotments so that was 100% reductions which was an economic impact to them. Eddyann Filippini stated if they had closed the allotments then they would have had to sell another 200 head. She noted that they were a small portion of the permitted upon Argenta but it was still a hardship. Eddyann Filippini believed they have to keep the pressure on the BLM. She did not believe Doug Furtado would change his ways. She commented Chris Cook, BLM Field Manager, at a permittee meeting with Hank and Marian Filippini, Shawn and Nancy Mariluch made the statement that there was no difference between wildfire and cattle grazing. Eddyann Filippini stated if that was the mentality of the Battle Mountain BLM we are in serious trouble. She believed it would trickle into Elko County and the public lands would burn again. She stated that Amy Lueders made a comment that 400,000 AUMS were taking non- use in Nevada. She noted that was 20% of the AUMS in Nevada which was a loss of 40,000 cows or sheep so that was a lot of economics. Eddyann Filippini expressed their appreciation to their supporters and encouraged them to keep the heat on the BLM. Lynn Tomera stated Eddyann Filippini had said everything that she wanted to say but she wanted to publicly thank the Elko County Board of Commissioners for supporting them and putting the issue out in front of the public. She publicly thanked John Carpenter because he had been a mentor to them and always helped them out. She thanked Grant and Travis Gerber because they worked long and hard on this issue. Lynn Tomera stated when Grant first talked about the Grass March she was a little skeptical but they made the trip and there was a lot of help along the way. She was amazed at the amount of people at Carson City with horses. She noted people lined the streets clapping and waving flags showing their support. Lynn Tomera stated when the Governor spoke to them he pledged his support and she believed they needed help of all the elected officials in the state, county, and locals to break the control of the BLM. She stated there were some good folks in the BLM but in Battle Mountain they need to remove the current District Manager. Lynn Tomera stated the country can be used without being abused and they know how to use without hurting it. She encouraged them to keep up the pressure to get some good results. John Carpenter stated he was not able to make the rest of the journey and congratulated Grant Gerber. He believed they were already feeling the impact from the monitoring situation. John Carpenter stated in the agreement they were to monitor between the 2nd and 6th of June but they never heard from the BLM so they went into the office and was told they couldn’t do it without more help so they would monitor on the 10, 11, or 12th with the monitoring. John Carpenter stated one of the ranchers caught them already monitoring the grass so they cannot trust the government employees which were driven by politicians. John

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Carpenter stated they need to get the monitoring into the hands of a third party or Mr. Furtado may carry it to an extreme and find a spot to put them off. John Carpenter stated in the past he was one of the largest users of the BLM and Forest Service and for the most part he got along with them but once in a while you hit a bad apple. John Carpenter stated it was his opinion that the two in Reno must go too. He stated there was no question Western Watershed had more to do with this than anyone. He commented what these people have gone through was not right. He believed monitoring must be done by a third party because by July Furtado will figure a way to kick these people out. Commissioner Dahl inquired if Eddyann Filippini said they had closed Copper Canyon. John Carpenter stated that was right they had closed the other side of the mountain. Eddyann Filippini stated the first full force and effect decision was to close Copper Canyon and the Buffalo allotments. Commissioner Dahl inquired if the storms that hit Mount Lewis also hit there. Eddyann Filippini stated on May 17th when they went on their Grass Tour she and Dan went on Cottonwood and the benches were marginal where the storms did not hit but when you get along further it has never been better and nowhere was a cow in sight. She stated for the remainder of the drought the Cottonwood Allotment was closed and one growing season. Eddyann Filippini stated what was frightening them was if the BLM determined when the drought was over; they may never get to go back on that allotment. Commissioner Dahl felt to wait one season after the drought was over was vindictive. Eddyann Filippini stated they have an attorney and were fighting it. Commissioner Gerber had spoken to the Tomeras and Filippinis to estimate the economic figure of their loss and he believed it was in excess of $500,000 for those two families. He stated they have had to buy hay, outside pasture, had lower weights on the calves, had to build a fence, had loss of fall feed on private land because they had to come off early. He noted there was the incalculable cost of worry, sickness and waste of time negotiating with Doug Furtado and his staff. Commissioner Gerber stated these folks have been attending rallies because they realized to get help was to work with local government and such. Michael Laughlin offered 160 acres of irrigated ground to help them. Commissioner Myers thanked them all for coming.

3:04:44 PM: VII. ELKO COUNTY CODE: ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 14

A. In accordance with Notice 20-2014, conduct a public hearing and Second Reading of proposed Elko County Ordinance 2014-10, Bill F, entitled: THAT A NEW SECTION 16, OF CHAPTER 8, OF TITLE 4 BE ADDED TO THE ELKO COUNTY CODE TO PROHIBIT MEDICAL MARIJUANA ESTABLISHMENTS AS DEFINED BY NEVADA REVISED STATUTES 453A.116 IN ANY ZONING DISTRICT WITHIN THE UNINCORPORATED AREA OF ELKO COUNTY AND WITHIN THE UNINCORPORATED TOWNS IN ELKO COUNTY, AND ALL OTHER MATTERS PROPERLY RELATED THERETO. John Carpenter had testified at the hearing the Sheriff held. He had looked at this issue when he was in the legislature but after listening at all the committee meetings and hearings he believed marijuana was a gateway drug. He encouraged them to prohibit it in the County. He saw what happened to the people and supported the drug court. Commissioner Guttry had not received any calls on this issue. Commissioner Williams had received calls before the first reading. Randy Brown had received 25 to 30 calls in support of legalizing marijuana and questioning the validity of the Ordinance. He noted some people were questioning the State law. MOTION: Commissioner Dahl moved to approve Elko County Ordinance 2014-10, Bill F, entitled: THAT A NEW SECTION 16, OF CHAPTER 8, OF TITLE 4 BE ADDED TO THE ELKO COUNTY CODE TO PROHIBIT MEDICAL MARIJUANA ESTABLISHMENTS AS DEFINED BY NEVADA REVISED STATUTES 453A.116 IN ANY ZONING DISTRICT WITHIN THE UNINCORPORATED AREA OF ELKO COUNTY AND WITHIN THE UNINCORPORATED TOWNS IN ELKO COUNTY. Commissioner Guttry seconded the motion. The motion passed unanimously.

B. In accordance with Notice 21-2014, conduct a public hearing and Second Reading of proposed Elko County Ordinance 2014-09, Seconded Amended Bill I, AN ORDINANCE ADDING NEW TITLE 8, CHAPTER 2 TO THE ELKO COUNTY CODE ALLOWING THE USE OF OFF-HIGHWAY VEHICLES ON COUNTY ROADS, AND ALL OTHER MATTERS PROPERLY RELATING THERETO. Commissioner Dahl inquired about the mandatory helmet use. Commissioner Myers replied only what was implemented by the State law. He and Randy Brown would schedule an appointment with NDOT to see if the State would allow ATVs on specific locations on State highways. Commissioner Dahl inquired if they had to wear helmets when they travel in Jarbidge. Kristin McQueary stated they left out the helmet issue within the County code but they could be cited under State law.

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Commissioner Dahl inquired about access for irrigation along the State Highway in Starr Valley would they have to have a helmet. Kristin McQueary was unaware of agricultural exemption from the helmet law. She noted they could be ticketed for the helmet law even if they were upon a county road. Commissioner Myers noted there may be exemptions for agricultural use. Commissioner Williams noted this Board was not addressing the helmet issue. He stated someone from Kittridge Canyon had called him because they had issues with what John Garrard had said at their meeting. Commissioner Myers stated he received calls from people supporting ATV use and wanted to be able to do more things with their ATVs. Randy Brown stated as a citizen living in Kittridge Canyon he did not agree with John Garrard and would like to allow the ATVs in that area. Commissioner Williams had a person from Kittridge Canyon call and requested ATV use in that canyon. Commissioner Myers noted a lot of people wanted to go back and approach their Homeowner’s Association because in the County’s Ordinance the HOAs could restrict use of ATVs in their area. He noted the Spring Creek Association past action prohibiting ATVs in their area prior to the County’s Ordinance being adopted. Commissioner Williams noted other States have this use and it was working fine. Commissioner Dahl noted they had heard in Gunnison, Colorado on the sage grouse but when he was at the WIR meeting the Commissioners in Colorado stated if they don’t stop the listing it would ruin the economy. Commissioner Guttry noted the ranchers in Pine Valley use the State Highway to go from gate to gate and to his knowledge no Highway Patrol had ticketed them, knowing they were going to work. Commissioner Dahl commented upon a ticket he paid for his irrigator. MOTION: Commissioner Williams moved to approve Elko County Ordinance 2014-09, Seconded Amended Bill I, AN ORDINANCE ADDING NEW TITLE 8, CHAPTER 2 TO THE ELKO COUNTY CODE ALLOWING THE USE OF OFF-HIGHWAY VEHICLES ON COUNTY ROADS. Commissioner Guttry seconded the motion. The motion passed unanimously. 3:19:44 PM: RECESS: Chairman Myers called a recess at 3:19 p.m. 3:26:29 PM: RECONVENE: Chairman Myers reconvened the meeting at 3:26 p.m. 3:26:39 PM: VI. U.S ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE U.S. ARMY CORP OF ENGINEERS (CORPS): Discussion and consideration of comments regarding the recently released “Definition of Waters of the United States under the Clean Water Act” and the ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 16 potential impacts this proposed regulation will create including the expansion of the range of waters that fall under federal jurisdiction. The National Association of Counties is calling for action as these new regulations will expand federal control, increase the number of county-owned ditches that will become federal jurisdiction and will apply not only to the Clean Water Act programs, section 404 permits, but include storm water, water reuse and green infrastructure. A summary of the EPA definitions and a draft of proposed comments to the EPA were submitted to the Board for review. Randy Brown reported the comment deadline was the 21st of July but there were several petitions to extend the comment period. He noted the EPA was to set up another conference call but that has not been scheduled yet. He stated they do have draft comments that address their concerns which followed what the national NACO had put out. He received another document this morning from Dagny Stapleton which he would review to see if there were additional comments to submit. He had received information from Paul Bottari as well. He stated they need to stay on top of this and submit comments according to how they felt about these issues. He stated the verbiage on agricultural exemptions and the road/ditch were very convoluted so they were not well defined leaving it as a matter of interpretation. Commissioner Guttry inquired if they were just going through the motions. Randy Brown stated this was nationwide and would impact every city, town, county and state in the United States. He stated the EPA has received 4,500 calls. Randy Brown stated the EPA was stepping outside of their boundaries to include more within the Clean Water Act. He stated this was already determined in two lawsuits before the Supreme Court. He noted several members of Congress were also saying that. Commissioner Guttry noted people bought a lot in Idaho and it took them three or four years to build a home due to lawsuits. He understood all the land east of the Mississippi was private waters so this would affect more western states because of the public lands. Randy Brown explained there was a difference between water rights, owned water and public water. He stated when you own property adjacent to a lake or wetlands you could not own the water in the lake or wetlands without owning water rights. He commented each state regulates their water rights for consumptive use. He noted the Clean Water Act was an Act passed to make sure that the water was not polluted which included both public and private. Commissioner Guttry noted there was moisture and the people in Idaho could not build because there was water upon it. Randy Brown explained in that case it was an issue of ownership and there was a wetlands issue. Commissioner Dahl stated at the NACO Western Interstate Region meeting in Alaska they discussed this in detail. He stated the EPA has authority over

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 17 private property under the Clean Water Act even if you own water and it does not matter if you were upon public or private land. Commissioner Dahl stated the EPA could they tell you what to do with the water. He believed they had a chance of heading this effort off because it affects every State and gives authority over private property so there was an argument of it being unconstitutional. Commissioner Dahl referred to the comments made by the EPA administrator in Region 6 about his mode of operation being modeled after the Romans wherein they would crucify the first 5 men in a Turkish town that they wanted to control so the remainder of the town was manageable. Commissioner Guttry noted that was the EPA’s administrator’s strategy. Commissioner Dahl stated when he had heard the BLM was taking pictures of the ranchers delivering the Petition to the Governor and tried to leave when he was seen; he assumed the BLM action was for retaliation. He felt it was their responsibility to head it off as early as possible. He noted the EPA would have authority over personal private property. Randy Brown expressed concern about the verbiage of “other waters and adjacent waters”. He had researched the reference to “significant nexus” and they now have the jurisdiction of determination. Randy Brown stated when the NDEP or EPA sends the information to the Army Corps of Engineers; the Army Corps of Engineers determines whether they have jurisdiction over the water under the permit process. He stated with this proposal it will throw the jurisdictional determination out and they could use the term “significant nexus”. He noted they attached it to sound science and a county or a person appealing would have insufficient funding to challenge the federal government. He stated this basically tells everyone they have to do a 404 permit to fulfill the EPA requirements because they would not have enough funding or scientific knowledge to challenge the EPA. Randy Brown stated the significant nexus tells the EPA the water was under their jurisdiction and you have to prove otherwise. He noted under the jurisdiction of determination you have an opportunity to appeal the decision. He stated this would take the ability of the landowner’s rights to use that water and puts into the authority of the United States. Commissioner Dahl stated at the last Humboldt River Basin Water Authority meeting they discussed the significant nexus as to where the river joins the Rye Patch Reservoir so that was what would give them the authority for jurisdiction over the entire Humboldt Basin. He inquired if Randy Brown was making the comments specific to the Humboldt Basin and if he had received comments from Paul Bottari’s information. Randy Brown replied he was addressing the Humboldt Basin but he would incorporate Paul’s information. He stated the EPA definitions were very vague. Commissioner Guttry commented several years ago there were ponds near the airport and they had problems with birds. He stated the Army Corps of Engineers determined it was wetlands and they had to replace that acreage at 20/1 at another site. He stated they could not find an area or afford it so it sat there for five or six years. Commissioner Guttry stated when there was an airport

ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 18 expansion they requested authority to fill the ponds because it was a hazard due to bird flights. Commissioner Guttry stated the Army Corp of Engineers stated they had no jurisdiction over those ponds so they filled them with no mitigation. Randy Brown stated that was due to Swank vs the US wherein the EPA was using the Endangered Species Act and the Migratory Bird Act to control how the Army Corp of Engineers had jurisdiction over the waters through the Clean Water Act. He noted the Supreme Court said no you cannot apply the treaty and the Endangered Species Act to give you jurisdiction over the waters of the US. He noted this was one of the two acts that was defining for the EPA and that was why the EPA was going back to go outside the realm of those two lawsuits. He noted the EPA stated those two lawsuits were not definitive enough for them. Randy Brown noted the Supreme Court told them they were outside their jurisdiction so the EPA was coming at a different angle. He noted several Congressmen and the Senators were telling the EPA they were going beyond their boundaries under the Clean Water Act. Randy Brown commented under this 8 miles of water Ackler Creek would be considered a tributary and the irrigation ditches would be a tributary and anyone wanting to clean the ditch must have a 401 permit. Commissioner Guttry commented this was not about clean water this was about controlling all the water and control of all the federal lands. Commissioner Dahl stated in Steptoe Valley they made the case that hay was irrigated and shipped to Utah so it was considered as interstate commerce so they have the authority over the water. Randy Brown stated the EPA did the same thing to the County on the Sherman Creek because it provides water to the Humboldt which they use to raise hay and ship to California. He noted an appeal process was 3 to 5 years so it was easier to apply for the 401 permit. Commissioner Guttry stated originally if the waters originated in one state and went into another river that was interstate then it was considered Waters of the US. He noted at that time the water of the Humboldt never left the state. Randy Brown stated the interstate commerce interpretation brought all this out. He stated if it provides commerce to another state or throughout the nation it was intercommerce. He noted they may be irrigating hay in Elko County and shipping it to Utah and California so it was considered interstate commerce. Commissioner Dahl noted the EPA also used the ducks on the ponds too because the ducks go to Canada in the summer. Commissioner Gerber suggested they get the cities of Wells Carlin and Elko to join with the County to show a united front. He stated if they have a bigger coalition it may encourage the congressional delegation to work on it. Randy Brown stated he had sent them all the information and had worked with Delmo Andreozzi. He stated Delmo was concerned because of the issue of storage of wastewater or the storm drains could be impacted. He noted the City of Elko was preparing comments. Randy Brown had not heard back from Carlin or Wells but they do not have the storm drain systems such as Elko.

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Commissioner Gerber noted this would affect the water running off the roof and could affect the Railport because it was close to the river. He believed they need to get all their comments organized coming out of Elko County. Commissioner Myers inquired if there was public comment. No public comment was submitted. Commissioner Myers stated this would be back on the agenda. Commissioner Williams inquired if there was a big discussion at NACO on this issue and received an affirmative response. Randy Brown stated he had been in contact with Dagny Stapleton and NACO were preparing comments as well. Commissioner Dahl stated at the Western Interstate Region meeting there were a lot of people from the east to discuss this issue. Commissioner Williams stated the entities should receive information from NACO concerning this. Commissioner Guttry did not believe any city or county would support these regulations. Commissioner Williams stated this had more far reaching issues. He noted this regulation would give them jurisdiction over all water. He noted they could close all shooting ranges because lead may get in the water, or they could stop farming because of the fertilizer in the water. Commissioner Myers asked them to submit comments to Randy Brown to be included in the comments from the Board. Commissioner Williams suggested the Board liaisons talk to their entities about this issue. Commissioner Myers noted they were fighting listing of sage grouse, fire, EPA, and grazing restrictions.

3:53:24 PM: IV. NEVADA LAND MANAGEMENT TASK FORCE: Update report on the status of the study being prepared for the Nevada Legislature by the Nevada Land Management Task Force including County Commission direction to the County Task Force Member. Public input is encouraged. The Nevada Land Management Task Force is conducting a study to consider issues related to the transfer of public lands from the Federal Government to the State of Nevada. The Task Force is required to submit a report of its findings and recommendations to the Legislative Committee on Public Lands later this year. Commissioner Dahl stated on Thursday a week from today in this chamber he and Mike Baughman would report to the legislative Public Land Committee and give them the Task Force’s recommendations. He stated they expanded the acreage in Phase 1 because there was acreage around Reno and Sparks which was part of the Railroad corridor lands that was left out of first draft which makes a total of 7 million acres in Phase 1 which were lands designated for disposal and ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 20 lands within the corridor. Commissioner Dahl stated the Task Force only gives their recommendations and the decision would be up to the Public Lands Committee. He stated the Task Force would include in their final report a suggested bill draft. He stated their report on their recommendation was thick and they decided to consolidate it into a bill draft resolution. Commissioner Dahl stated they were getting a good response from the committee. He noted the members have asked everyone to go back to their County Commission to see what level of support there was. Commissioner Dahl stated in the final report if there were concerns from a particular Commission that can’t be resolved by the Commission themselves, and then those concerns would be added as footnotes. Commissioner Williams asked if they would have a general consensus of the Task Force. Commissioner Dahl believed they would have a consensus by next month. Commissioner Williams voiced concern about the Counties being referred to with regards to land sales but he felt the County should have last right of refusal on what happens within their County. He asked if the counties’ Land Use Plan would protect the counties and give the counties a final say. Commissioner Williams supported the selection of land that they selected for Phase 1 with regards to the lands around the cities and checkerboard lands. He recommended that rather than sale the checkerboard lands they be exchanged. He stated that would be in the best interest of the hunters, fisherman and recreationists because it would remain in public use. He stated it would take out the possibility of the ranchers losing their ability to graze on that checkerboard land. Commissioner Dahl stated the issue they were having difficulty with was how we handle the Wild Horse Act. Commissioner Gerber noted there was a suit in Pershing County which may help it establish that because the horses were upon private property and the BLM won’t remove them. Commissioner Dahl stated there was a significant group in support of the wild horses and they would have to be part of that solution. He stated the Task Force was addressing this issue. Commissioner Gerber stated Mrs. Pickens was beginning to under some of the issues with wild horses. Commissioner Myers noted Mrs. Pickens had gated her property. Commissioner Williams stated they need to find out whether that was a County road. Randy Brown stated there was a BLM easement on the property. He noted the BLM was arguing with her on the grazing allotment. Commissioner Dahl stated if it was a BLM road it must be an RS 2477 road before it was BLM.

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Randy Brown stated he had spoken to Brian Fuell and they were working on this issue as well. He stated if it was an RS 2477 then it would have to be litigated but according to Brian Fuell that road was a BLM certified right of way. Commissioner Williams stated this was what they warned the BLM about when they held the hearings on this because it would end up cutting people off from recreating, etc. Randy Brown stated Brian Fuell said that easement was into perpetuity. Commissioner Myers asked that they put it as an action item on the next meeting agenda. Commissioner Gerber noted the BLM might agree with them on the RS 2477. Commissioner Dahl stated this problem would be solved after the land was transferred to the states because included in the transfer was all access available would be transferred. Kristin McQueary suggested they contact Mustang Monument attorney Gary DiGrazia about this issue as well.

4:07:05 PM: V. WILDLIFE MANAGEMENT ISSUES: Discussion and update of wildlife management issues, including possible discussion regarding raven predator control issues, the BLM Sage Grouse DEIS and an overview of the Pilot Projects on the Devil’s Gate Ranch east of Elko, Nevada and on the South Fork Band Reservation at Lee, Nevada and the potential Sage Grouse Pilot Projects in Clover Valley, Nevada and the Tri-State Areas of Idaho, Utah and Nevada. Commissioner Myers noted they had no response on the letters sent for raven delisting from the Migratory Bird Treaty. He asked that they follow-up on that. Commissioner Gerber reported Todd Black would be in town and he would like him to talk to all the board members. He stated the predator control by the USDA has ended for the year. He stated they removed a lot of predators at the Devil’s Gate Pilot Project, a few were removed at the South Fork Pilot Project and next year they would do the Clover Valley Pilot Project. Commissioner Gerber stated their predator control was doing well with the help from both the USDA and NDOW. He stated shortly they would be talking to the Board about habitat manipulation at the Devil’s Gate Pilot Project. Commissioner Dahl saw the numbers on the ravens but they only took 200 ravens. Commissioner Gerber stated ravens were a major problem always. He stated on the Devil’s Gate Pilot Project early in the spring the cowboys reported USDA reduced the ravens significantly with the eggs. ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 22

Commissioner Williams noted they have talked about getting a permit for the Devil’s Gate Ranch to have individuals kill ravens but they have had no further information on that and have not received information from Bill Gibson.

4:11:11 PM: VIII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Randy Brown reminded the Board about the dinner on June 11th with Bill Dunkelberger, Forest Supervisor of the Forest Service Humboldt-Toiyabe National Forest. Commissioner Gerber noted Lynn Tomera was in tears when she spoke to them because this was an emotional, economical, and spiritual rollercoaster for those families. He noted they had a partial victory to get their cattle out. He stated they had numerously thanked him and the Commissions for their support. Commissioner Myers stated, not being a ranch person, this was rewarding for him in seeing the process and seeing how it turned out to benefit them. He believed the Gerber Family and John Carpenter should get the most recognition for their dedication and involvement on this. He learned a lot about the allotments on the tour. Commissioner Williams enjoyed the Grass Tour but was skeptical of the Grass March to Carson City but from the outcome that was a good move. Commissioner Guttry commended Commissioner Gerber and his sons. Kristin McQueary inquired how many horses they used for the ride. Commissioner Gerber replied he used five horses.

4:14:49 PM: IX. COMMENTS BY THE GENERAL PUBLIC: Sheriff Pitts stated, from the public side, he had learned a lot from sitting in these meetings and he respected them.

4:15:55 PM: X. ADJOURNMENT MOTION: Commissioner Williams moved to adjourn the meeting. Commissioner Guttry seconded the motion. The motion passed unanimously. There being no further business to come before the Board, the meeting was adjourned at 4:15 p.m. APPROVED,

CHARLIE MYERS, Chair ATTEST: MARILYN TIPTON, Deputy Clerk ELKO COUNTY COMMISSION REGULAR SESSION JUNE 5, 2014 PAGE 23