STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. AUGUST 3, 2006

The Board of Elko County Commissioners met on August 3, 2006, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners John Ellison, Vice-Chairman Mike Nannini Charlie Myers Sheri Eklund-Brown ABSENT Warren Russell, Chair County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Juvenile Department Michael Pedersen Planning & Zoning Dir. Randy Brown Sheriff Neil Harris Road Supervisor Otis Tipton Assessor Joe Aguirre UNCE Educator Jay Paxson - - - The proceedings were as follows:

CALL TO ORDER: Vice-Chairman Ellison called the meeting to order at 1:32 p.m. Commissioner Eklund-Brown was absent from the meeting at this timedue to her attendance at the Great Basin College/Governor Agricultural Building Groundbreaking. Commissioner Russell was not in attendance during the entire meeting. PLEDGE OF ALLEGIANCE: Commissioner Myers led the meeting participants in the Pledge of Allegiance.

COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted at this time.

UNR AGRICULTURAL EXTENSION SERVICE: Jay Paxson, UNCE Educator, gave a report of ongoing issues and activities of the UNR Agricultural Extension Service. Commissioner Ellison inquired about the suspected case of West Nile Virus in the area. Jay Paxson stated he was restricted on getting information due to the HIPA Act but there would be a posting

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 1 of information about each of the counties later in the day. He stated they would be willing to tell them the form of virus after it had been confirmed. Vice-Chairman Ellison requested that he contact the board when he was informed which type of virus it was. Jay Paxson submitted information from the Nevada Division of Health and the Nevada Department of Agriculture. He reported that there was one positive case on a bird. Commissioner Ellison inquired when they would do the second spraying. Robert Stokes would check into the State’s spray schedule. Jay Paxson felt they should use larvacides next year. Jay Paxson requested a date to schedule the presentation from Dr. Bradford Lee, State Health Officer, to educate them about vectored diseases. Commissioner Ellison asked that Robert Stokes coordinate the dates and schedule that presentation with the Board. Commissioner Myers asked the presentation be based upon the diseases which would directly affect Elko. Commissioner Ellison asked for a similar program as presented in Fallon. Jay Paxson stated Dr. Lee’s technicians had been in the area and West Nile Virus was present. The Board suggested an August 21st evening presentation. Commissioner Ellison asked that they invite the public. Commissioner Myers recommended that it be held at the Elko Convention Center. Jay Paxson advised them of the Nevada Weed Management Association annual meeting to be held on October 11 thru 13, 2006.

ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Michael Pedersen submitted the Juvenile Detention and Juvenile Probation Monthly Report. He stated they would hold a basketball tournament on September 16, 2006 and invited the commission to attend the benefit. He stated the proceeds would go toward programs that have to deal with juvenile alcohol and drug treatment. He informed them of the support received from the businesses and the community individuals. Michael Pedersen stated they would be looking for sponsorships. He stated $2,100.00 was donated to the event at this time. Michael Pedersen reviewed the grant funds received and the support received from the businesses and the individuals for their department. He stated the Family Court metal detector for the exchange trailer was funded by Wal-Mart. He noted the exchange trailer would be opened as soon as they install the ADA ramp. He stated they would hold an open house for the Commissioners when it was opened. Commissioner Myers inquired about their budget with regards to the grants. Michael Pedersen replied on the Juvenile Accountability Block Grant there was only $12,000 available for the rurals in the whole state. He stated that Elko County received about $10,000 last year so the rurals voted upon a program in Churchill County this year. He noted they had $10,000 more than last year through the OJJDP formula grant but received less from the Accountability Block

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 2 Development Grant. Michael Pedersen stated they received a $26,000 Community Corrections Partnership Grant which helped with life skills, anger management, drug evaluations, etc. Michael Pedersen noted that the public was seeking their aid through the programs. Commissioner Nannini inquired what the cost was for putting on this tournament. Michael Pedersen reported that to pay all the bills and break even it would take $7,000. He reported that Big 5 had reduced their price by $60.00 per basket and they were getting the glass backboards. He stated GBC donated one of their parking lots and Café X would provide the meal for the community at a reduced cost. He stated the total budget to fund some of the programs for TESA and the drug program would be another $7,000. Michael Pedersen believed that if they get as many teams as they hoped for then the registration fees should cover that portion of the budget. Michael Pedersen stated they had received donations and commitments. Commissioner Nannini asked that something be placed on the agenda for County sponsorship and recommended a $1,000 sponsorship.

SAFETY COMMITTEE REPORT: No report was submitted on matters and incidents coming before the Committee.

Chairman Russell called the Elko County Liquor Board to order at 1:50 p.m. and adjourned the meeting at 1:51 p.m.

SHERIFF'S DEPARTMENT:

Sheriff Harris noted in the operational report on the 17th of June they had 151 inmates in custody and 150 on the 18th of June. He attributed the increased numbers to the motorcycle gather. Commissioner Myers noted on the 24 th and 25th there were more arrests. Sheriff Neil Harris stated the prison may have had transfers from Carlin or Wells. Sheriff Harris noted most of the inmates were released within 24 hours. Commissioner Ellison requested clarification of the booking process. Sheriff Harris reviewed the released schedule on page three of his report.

ELKO COUNTY ASSESSOR: Impact of land internet sales: Joe Aguirre discussed the impact of land internet sales on the Assessor’s Office. He noted that on the internet it was advertised by two companies to call the Assessor’s office about the topography, etc., on the property and it was causing a manpower issue in his department.

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 3 Informal assessment districts: Joe Aguirre reviewed the informal assessment districts that were formed decades ago on the Elko/Humboldt/Eureka County boundaries. He noted that many years ago informal agreements were made to place private properties bisected by County boundaries into one County or another so that the property would only have one tax bill instead of two bills from two different counties. Joe Aguirre had performed research back to John Moschetti which was over forty years ago. He had spoken to John Carpenter and Jim Ithurralde the retiring County Assessor in Eureka County and no one knew why there was a county line and an assessment line. He noted property was taxed according to the assessment line. He would like to eliminate the assessment line and tax strictly upon the County line. Joe Aguirre stated Assemblyman Carpenter would try to find information upon the establishment of the assessment district. He had a fear that gold would be discovered on a county’s border. Joe Aguirre went to Winnemucca and his paper map did not match up with their map on where the County line was. He stated it was off about 300 feet. He would have his mapping person research that issue. Joe Aguirre reviewed an instance wherein Humboldt County had taxed property within their assessment line but so had Lander County. He stated Lander County seized the property for non payment of taxes and sold the property. Joe Aguirre felt this issue assessment lines versus county lines should be cleaned up. Commissioner Ellison suggested Joe Aguirre discuss this with George Boucher. Joe Aguirre stated George did not know why it existed. He stated the Winnemucca meeting was put on by NACO, Bob Hadfield, and the Department of Taxation, Tim Rubald. He reported that over the last nine years the mining industry came to the Tax Commission and the Department of Taxation to change the net proceeds and on what they could write off. He stated they wanted to write off the portion of the state requirements. Joe Aguirre felt an option to clean up this issue was rather than based on net they should go to gross. Joe Aguirre stated the tax on net proceeds was 5%. He believed the tax rate was around 2.4 % and State received 2.6%. Joe Aguirre commented that Pete Goicoechea would like to introduce a bill which stated the counties would get the entire five percent. Commissioner Ellison commented that Carson City was displeased with the present formula. He inquired if mining representatives were present at the meeting in Winnemucca. Joe Aguirre stated no mining representation was at that meeting held on Friday. He stated on Monday there would be a meeting held similar to the Winnemucca meeting with the same presentation by the Tax Commission. Commissioner Nannini noted the Board usually held a meeting with the legislators before they go into the legislative session. Commissioner Nannini believed the Board Members should discuss this more with Joe Aguirre. Commissioner Ellison noted on the 23rd of August NACO would discuss this issue.

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 4 METROPOLIS IRRIGATION RESTORATION PROJECT: Commissioner Nannini reported the Metropolis Irrigation Restoration Project was at the bottom of the top fifteen projects. He stated the projects above them on the list had to go through the process of acquiring enough money to fund their project. Commissioner Nannini stated that the NDOW was not a possible funding source. Commissioner Myers felt that if Elko County could come up with funding then NDOW would coordinate with them. Commissioner Nannini noted the only two questions asked by NDOT was if funding would be used for a boat ramp or to fix picnic tables. He commented that Kevin Lee informed them that the funding was not for boat ramp or tables. Commissioner Nannini felt they may still be in the running for funding. Commissioner Nannini stated the railport project was still in the mix. He stated the pedestrian light at Spring Creek was still in the process. Commissioner Ellison noted the Governor mentioned funding more tourism. Commissioner Myers noted the reservoir would be good for tourism. He inquired about Question 1 money qualifications. Commissioner Nannini believed that Jolene Supp had researched those funding sources.

INSECT INFESTATION ISSUES: Commissioner Ellison discussed cricket infestations and mosquito control measures in Elko County. He had received a copy of the breakdown on the budget for the State spraying. He felt their mapping was incorrect in that report.

CRITTENDEN FARMS DBA WINECUP GAMBLE RANCH: The Board considered the approval of grazing leases for County property and County Trustee property in the Pilot Valley area. Kristin McQueary stated the Assessor’s Office was providing her some more information. She noted under Nevada Revised Statutes, Chapter 361, a rate must be set. She asked that they set that rate at the Treasurer’s recommendation. Robert Stokes stated they had sent checks with their letter. Kristin McQueary stated she had not reviewed that information yet. She noted that in the past the County had used the BLM rates. Commissioner Ellison inquired if they could approve the grazing lease contingent upon staff’s recommendation. MOTION: Commissioner Nannini moved to approve grazing leases for County property and County Trustee property in the Pilot Valley area with staff’s recommendations. Commissioner Myers seconded the motion. Commissioner Myers asked if this would be a monthly cost or yearly cost. He requested clarification upon the rates. He suggested standard County public rate for land as suggested by the Assessor’s Department. The motion was passed by majority vote.

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 5 Vice-Chairman Ellison called a recess at 2:15 p.m. and reconvened the meeting at 2:25 p.m. Highway Chairman Myers called the Elko County Highway Commission to order at 2:25 p.m. and recessed the Highway Commission at 2:28 p.m. Commissioner Eklund-Brown was in attendance of the meeting at this time.

CALIFORNIA TRAIL INTERPRETIVE CENTER: SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT (SNPLMA): The Board considered a request for a letter of support for a Round 7 SNPLMA grant application for conservation easements for the California Trail Interpretive Center view shed. The Commission approved conditional support for this proposal during the Round 6 SNPLMA application process in November 2004 on a 4 to1 vote. That grant application was not funded during Round 6. Helen Hankins, Elko BLM Field Manager, proposed that the BLM would request SNPLMA funding to acquire the conservation easement for 3,000 acres of the Maggie Creek Ranch. She reported that the Maggie Creek Ranch was in agreement with the BLM’s proposal. She stated that Jon Griggs had hoped to have their letter available to her before this meeting. Helen Hankins stated the BLM would acquire the development rights and the ranch would operate as a viable ranch. She stated the BLM was not acquiring mineral interests or water rights. Helen Hankins stated the purpose of the Conservation Easement was to maintain the natural character of that portion of the Humboldt Valley because that was the primary area to be viewed from the Interpretive Center as they looked across at the mouth of the South Fork of the Humboldt River. The BLM felt the likely value of this easement was1.5 million but it would have to be appraised. She commented that the ranch had the right of refusal. Helen Hankins had previously submitted a map of where the lands were in reference of where the Interpretive Center was located. Commissioner Ellison noted the ranch would maintain the grazing rights and inquired what would happen if the ranch was sold. Helen Hankins stated the BLM proposed that the conservation easement would only apply to private lands that the ranch currently owned and the grazing rights were tied to public lands. She did not see any change on those grazing rights. Commissioner Ellison noted he was a strong opponent of SNPLMA funding being used to purchase ranches. Helen Hankins stated the ranch could specifically list grazing to continue and that could be a condition of the easement. Commissioner Myers stated his condition would be that there would be a letter of support submitted from the ranch. Commissioner Eklund-Brown noted last time the application had not been completed and the ranch board had not met. She commented that people would

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 6 probably stop at Elko or Carlin and they would help economically to those communities. She noted there would be no loss of property tax on this easement. MOTION: Commissioner Eklund-Brown moved to approve the Round 7 Southern Nevada Public Lands Management Act grant application for a Conservation Easement for the California Trail Interpretive Center view shed on the Maggie Creek Ranch. Commissioner Nannini seconded the motion. The motion was passed unanimously. Helen Hankins stated they would have opportunity to negotiate with bidders through these bid specifications on the California Trails Interpretive Center construction.

HUMBOLDT-TOIYABE NATIONAL FOREST: Jarbidge Ranger District: Rangeland Management Project DEIS: The Board considered submitting comments regarding the Jarbidge Ranger District Rangeland Management Project DEIS. The comment period ended August 7, 2006. Because of the size of the document, it was recommended that the public review the DEIS at the following location on the internet. www.fs.fed.us/htnf/projects Commissioner Eklund-Brown requested that they table this until the August meeting in Jarbidge. She noted they had extended the comment period until the 21st of August and she had not been able to read the DEIS. Commissioner Myers asked that the Board take testimony at this meeting and reopen the discussion at the Jarbidge meeting so that the participants did not have to travel to Jarbidge. Assemblyman John Carpenter stated he had tried to read the report and felt it was very complicated and convoluted. He pointed out that in most of the report it stated that grazing could be a great detriment but in one portion it stated an alternative was there would be no change in the number of livestock. Assemblyman John Carpenter commented that if they managed the ranges and gave them proper rest then livestock was a positive tool on the range. He asked that the Commission come out with a strong statement that the livestock needed to remain there in the same numbers that were there presently. Assemblyman Carpenter felt that Western Watersheds would protest this EIS because they were absolutely against livestock. He understood the Commission had expended funding for a study on the economic impact to the County with regards to the livestock industry. He suggested they use the data from that study on this DEIS. Assemblyman John Carpenter commented that the cattlemen through the Rangeland Commission had appropriated money to hire consultants to refute the Western Watersheds’ allegations. He had encouraged that the ranchers submit comments on this, give some support to the Forest Service and take a proactive

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 7 stance. He noted when the appeal hearings were held before a Federal Judge then they should be present. Assemblyman Carpenter stated the livestock industry should be on board. Commissioner Ellison commented that when they pull the cattle off the grass it gets so tall it causes more fires. He felt that if the organizations wanted to pull the cattle then they should be responsible for what happened to the land. Assemblyman John Carpenter noted in the DEIS they were not considering fire. He believed that there should be testimony against that because everyone knew that when the livestock was taken off then there would be more fires due to the fuel loading. Commissioner Eklund-Brown stated she basically agreed with everything Assemblyman John Carpenter said. She noted the EIS were going toward a more flexible management style with the permittees being involved with the monitoring. She had spoken to Boyd Spratling and Harvey Barnes about including the social economic report with their comments on the EIS. She noted statewide 40% of all the cattle were in Elko County. She encouraged the ranchers to also submit comments. Commissioner Eklund-Brown noted in speaking with Dan Dallas and Paul Flanagan they stated that the numbers of AUMs could go up if permittee had the management style that would allow for the increase. She stated that the cattle would have to be kept from riparian areas. She noted the FS representatives stated that fire was a good reason to keep grazing but it was not a determining factor. She commented that currently they had good Forest Service Rangers. Commissioner Eklund-Brown felt Dr. Harris’ final report may not be drafted in time for the comment period on this EIS. Assemblyman John Carpenter suggested that they send it in to make it part of the record even if the comment period had closed. He requested that the Commissioners take a proactive stance. He felt there was room for everyone on the range. Commissioner Eklund-Brown noted there were interveners in the settlement project on Jarbidge. She believed the County could be interveners in the lawsuit filed by Western Watersheds. Commissioner Nannini felt they would have to step up to the plate and fight this. He reviewed an instance wherein there was a field trip through the Salmon River track with Mr. Marvel and Mr. Marvel had raved about all the work done for water guzzlers, hiking and riparian areas. However, after the trip when Steve Boise asked him if he liked what he saw Mr. Marvel replied that they should take all the cattle off of the range. Assemblyman John Carpenter inquired if Kristin McQueary had reviewed the EIS and received a negative response. Commissioner Ellison asked her to review the EIS before the Jarbidge meeting. MOTION: Commissioner Eklund-Brown moved to table submitting comments regarding the Jarbidge Ranger District Rangeland Management Project DEIS until their meeting in Jarbidge on the 16th of August. Commissioner Myers

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 8 seconded the motion. The motion was passed unanimously.

Commissioner Ellison called a recess at 3:00 p.m.

Highway Chairman Myers called the Elko County Highway Board to order at 3:00 p.m. and adjourned the Highway Commission at 4:08 p.m.

Chairman Ellison reconvened the Board of Elko County Commissioners at 4:08 p.m.

COMMENTS BY THE GENERAL PUBLIC: Assemblyman John Carpenter stated when they re-agenda the item on the Jarbidge EIS they should contact the Forest Service and the BLM and ask if they could let some of the ranchers who were burned out completely like the Heguys go onto vacant allotments. He knew of several allotments that were vacant. Commissioner Eklund-brown suggested that issue also be put on the BLM-RAC meeting agenda. Commissioner Nannini reviewed the past practice of the Highway Department wherein they sent a motor grader operator out for 30 days at a time with a truck and house trailer. Assemblyman John Carpenter stated they did have crews that stayed out for a long period of time. He noted they were facing a tough problem on the roads.

CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: Commissioner Eklund-Brown asked if they could reopen the grazing lease to the Gamble Ranch. Robert Stokes noted that was approved subject to staff recommendations. Commissioner Eklund-Brown inquired if these grazing lots were checkerboard acreage. Kristin McQueary felt it was checkerboard acreage grazing. Commissioner Eklund-Brown noted that the Gamble Ranch already had the ability to graze through the Open Range Law. She felt there would be an impact to the adjacent landowners. Commissioner Eklund-Brown felt that if they gave the Gamble Ranch these grazing rights it would set a precedence to graze on other parcels. She believed that this grazing would encourage more interaction between the cattle owners and the adjacent owners. Kristin McQueary noted that the Pilot Valley/Montello areas were the only areas that had these grazing leases. She stated this was for the property that was in treasure trustee status and it did generate some revenue even though it may not pay the taxes. Commissioner Eklund-Brown noted that these parcels were continually going on the internet, bought and then regularly released back to the County due to back taxes. She noted that the Buyer would have this lease in place. Kristin McQueary stated

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 9 there was a provision in the lease that when the land was sold the lease would be dropped in that area. Commissioner Eklund-Brown commented upon the impact at Ryndon, Osino and Kittridge Canyon on the quality of life and improvements in the subdivisions by the cattle. Robert Stokes received one phone call from a private citizen in Mississippi who had received the same letter with a check. The woman had asked if the Winecup was an active ranch and Robert Stokes suggested that she contact legal counsel. Robert Stokes stated that the Gamble Ranch may not be leasing with just the County. Commissioner Eklund-Brown noted that there was an “E” Community Summit on technical advancements in public government to be held on August 22- 25th in Las Vegas. Robert Stokes would review the value of that summit.

COMMISSION MEETING CALENDAR: August 2 & 3, 2006 – 1:30 p.m. -- Elko – Courthouse August 16, 2006 -- 7:00 a.m. – Jarbidge and Jackpot September 6 & 7, 2006 – 1:30 p.m. -- Elko – Courthouse

MOTION: Commissioner Myers moved to approve the Commission meeting calendar. Commissioner Nannini seconded the motion. The motion was passed unanimously. Commissioner Eklund-Brown noted on August 16, 2006 there would be construction on the Idaho side and Robert Stokes would contact the Forest Service to speak with them about the delay in traffic on their route to Jackpot.

CONSENT AGENDA: A. Approval of Preceding Minutes: June 7, 2006: 1. Board of County Commissioners. 2. Jackpot Town Board June 8, 2006: 1. Board of County Commissioners 2. Board of County Highway Commissioners June 21, 2006: 1. Board of County Commissioners 2. Board of County Highway Commissioners 3. Liquor Board June 26, 2006: 1. Board of County Commissioners B. Presentation and review of claims for approval C. Review and approval of travel requests that may be pending. MOTION: Commissioner Myers moved to approve the Consent Agenda with whatever changes Commissioner Eklund-

ELKO COUNTY COMMISSION REGULAR SESSION AUGUST 3, 2006 PAGE 10 Brown has submitted for the minutes. Commissioner Nannini seconded the motion. The motion was passed unanimously.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes had received a phone call from Mert Mickelson, and the State Water Engineer had made a decision in their favor. He asked Mert Mickelson to make a copy of the decision and send it to them. Robert Stokes noted the lights for the pedestrian walkway on the Jackpot Highway widening project had been approved by NDOT. He stated the traffic signal at Licht Parkway was still under consideration as well as the grant funding for the Bishop Creek Dam.

ADJOURNMENT:

MOTION: Commissioner Nannini moved to adjourn the meeting. Commissioner Myers seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned.

APPROVED, JOHN ELLISON, Vice-Chairman

ATTEST: MARILYN TIPTON, Deputy Clerk

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