There Were Present: County Commissioners Mike Nannini, Acting Chair

STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. NOVEMBER 15, 2006

The Board of Elko County Commissioners met on Wednesday, November 15, 2006, at 9:00 a.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Mike Nannini, Acting Chair Charlie Myers Sheri Eklund-Brown ABSENT Warren Russell ABSENT John Ellison Executive Secretary Michele Petty Deputy Comptroller Debbie Armuth District Attorney Gary Woodbury Adm. Deputy Clerk Carol Fosmo Deputy County Clerk Marilyn Tipton Building Inspector Tom Ingersoll - - - The proceedings were as follows:

CALL TO ORDER: Acting Chairman Nannini called the meeting to order at 9:00 a.m.

PLEDGE OF ALLEGIANCE: Commissioner Myers led the meeting participants in the Pledge of Allegiance.

COMMENTS BY THE GENERAL PUBLIC: No comments were submitted.

2007 GENERAL ELECTION CANVASS: In accordance with NRS Chapter 293, the Board conducted the canvass of the 2007 General Election Returns.

MOTION: Commissioner Myers moved to approve the 2007 General Election Canvass returns for Elko County. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 1 ELKO COUNTY ELECTION APPRECIATION: The Board considered approval of a Certificate of Appreciation to the County Clerk’s Office, County Staff, Poll Workers and Election Volunteers for their hard work and diligence to insure every citizen’s right to vote during the 2006 Election Season. MOTION: Commissioner Myers moved to approve the Certificate of Appreciation to the Elko County Clerk’s Office, County Staff, Poll Workers and Election Volunteers. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Commissioner Nannini reported that Commissioners Russell and Ellison were not present at today’s meeting due to their attendance at the NACO Conference. He noted that Michele Petty and Debbie Armuth were sitting in for Robert Stokes and Cash Minor.

ELKO SENIOR CENTER: In accordance with Notice No. 48-2006, NOTICE TO BID – BUILDING AUTOMATION SYSTEM UPGRADE FOR THE ELKO SENIOR CENTER, bids were received and opened on October 30, 2006. Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive/responsible bidder. Richard Harris noted that the only bid received was from Silver State Temperature Control in the area of $44,000. He commented that the engineer’s estimate was $50,000 to $55,000. Richard Harris stated that the project would be paid by the Senior Citizens Center’s Board. MOTION: Commissioner Eklund-Brown moved to award the bid to Silver State Temperature Control bid for the building automation system upgrade for the Elko Senior Center with the funding coming from the Senior Citizen’s Center funds. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Nannini thanked Richard Harris on behalf of Wells for their support to the Wells Senior Citizens’ Center. Commissioner Nannini called the Elko County Liquor Board to order at 9:10 a.m. and adjourned the Liquor Board at 9:15 a.m.

ELKO COUNTY JUVENILE PROBATION DEPARTMENT: NON-ACTION ITEM

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 2 A written Juvenile Probation Department report was submitted previously. No one was present from the Juvenile Department to submit public comment.

OWYHEE RIVER WATER SETTLEMENT AGREEMENT: Commissioner Nannini would give an updated report on the negotiated Owyhee River Water Settlement Agreement that was near completion by the Duck Valley Indian Reservation, East Fork Owyhee River Water Users, the State of Nevada and the Federal Government when the whole board met in December. Commissioner Eklund-Brown asked that it be an action item on the next meeting agenda because Senator Reid’s Office wanted a letter of support or a letter letting them know the County’s feeling on the matter.

HUMBOLDT-TOIYABE NATIONAL FOREST: Mountain City Ranger District: Gateway Gold Corporation - Golden Dome 2007 Exploration Drilling Phase II Program: The Board considered submitting comments to the Mountain City Ranger District, U.S. Forest Service, regarding exploration activity near Pratt Creek in the Independence Mountain Range. Comment deadline is December 1, 2006. Commissioner Eklund-Brown stated there was a mile of new roads and 10.4 acres included in the plan. She noted that Robert Stokes had prepared a draft letter which addressed this item. She disclosed that she did not know which company would be doing the drilling on this. MOTION: Commissioner Eklund-Brown moved to submit a letter of support to the Mountain City Ranger District on the Gateway Gold Corporation Phase II Program. Commissioner Myers seconded the motion. The motion was passed unanimously.

NEWMONT MINING CORPORATION : HOLLISTER MINE CLOSURE PROJECT - Water Pollution Control Renewal Permit: The Board considered submitting a letter supporting the Water Pollution Control Renewal Permit for the Hollister Mine Closure Project by Newmont Mining Corporation.

MOTION: Commissioner Myers moved to submit a letter supporting the NDEP issuance of a Water Pollution Control Renewal Permit for the Hollister Mine Closure Project by the Newmont Mining Corporation. Commissioner Eklund-

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 3 Brown seconded the motion. The motion was passed unanimously.

ELKO COUNTY WATER RESOURCE ISSUES: The Board discussed water resource management and water rights issues that may impact Elko County including possible discussion related to the Southern Nevada Water Authority pipeline project and the Central Nevada Regional Water Authority activities and issues. Commissioner Eklund-Brown felt they should call Converse Consultants because they had not received an updated report and the Water Planning Commission was canceling meetings because of the lack of that information. She noted they needed to correct errors in that report. Gary Woodbury requested clarification. Commissioner Eklund-Brown noted Converse Consultants had performed a study for the County. She stated the individual who performed the study had relocated but their office was still here yet they had not updated their report. Gary Woodbury would speak to Kristin on this matter. Commissioner Eklund-Brown commented that the SNWA had purchased another ranch in Spring Valley. She noted there was no word from the State Engineer’s Office on the water right applications.

NORTHEASTERN NEVADA FIRE PROTECTION DISTRICT: The Board discussed holding meetings with various land management and resource management agencies and organizations to discuss options to address range and habitat rehabilitation actions to help mitigate the destruction caused by the 2006 Wildfire Season. Commissioner Myers stated there had been no meetings held within the last two weeks. He felt they may not be as successful in obtaining funding as they first thought. Commissioner Eklund-Brown noted at the TRI-RAC meeting they had discussed the fires. She stated in Humboldt County several Winnemucca ranchers had been red carded to participate with the BLM and NDF on initial response to fires. She felt that Elko County should host training to get their ranchers red carded. Commissioner Eklund-Brown commented that the Fire Science Academy had received a $10,000 grant, Ready Reserve. She noted the state and the bureaus were working together to reseed and prepare for next year.

METROPOLIS IRRIGATION RESTORATION PROJECT: Commissioner Nannini gave an updated report on the Metropolis Irrigation Restoration Project. He stated the engineer was staking the route up to the dam. He reported they were working with two construction companies to rough grade the road.

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 4 Commissioner Eklund-Brown stated that at their last weed meeting they had spoken about the Scotch Thistle in the dam area. She felt they might get a grant for that project with the use of goats. She noted Union Pacific might fund for weed control in their rights of ways. Commissioner Eklund-Brown noted that many of the Counties downstream want Elko County to start weed control at the headwaters. She commented that maybe some of those counties may participate to help resolve the weed problems at the head of their water source.

NORTHEASTERN NEVADA REGIONAL RAILPORT: Commissioner Myers reported they had a meeting on last Monday and the committee discussed issues related to the Northeastern Nevada Regional Railport. Commissioner Myers noted they would speak to the transload people. He believed November 13th was the last day for the owners to vacate the property. Debbie Armuth stated that they did have the keys to the pump house. Commissioner Eklund-Brown inquired if all the mobile units had been moved. Debbie Armuth stated the moving company had been given an extra day to get the last home off. Commissioner Eklund-Brown noted they talked about getting a demolition contract. Commissioner Nannini suggested that the same contractor be used to tear down the Rainbow Apartments. He was concerned because of safety issues and they may get a better bid.

COMMISSION MEETING CALENDAR: December 6 & 7, 2006 -- 1:30 p.m. – Elko – Courthouse January 2, 2007 Tuesday – 4:00 p.m. – Elko – Courthouse – 2007 Organizational Meeting January 3 & 4, 2007 -- 1:30 p.m. – Elko – Courthouse MOTION: Commissioner Myers moved to approve the Commission Meeting Calendar. Commissioner Eklund-Brown seconded the motion. Commissioner Eklund-Brown stated that they would try to consolidate everything on December 6, 2006. She would be at another meeting on the 7th of December. The motion was passed unanimously.

CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: Commissioner Nannini congratulated Dale Lotspiech upon winning the Sheriff’s election. Dale Lotspiech stated he looked forward to working with them. He noted there had been a lot of issues brought up during the campaign which he would like to work upon. He hoped to have a good working relationship with the Commission.

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 5 Commissioner Eklund-Brown had received a lot of e-mails on the billboard in Spring Creek, and the ATV use in Spring Creek. Commissioner Eklund-Brown commented that she, Randy Brown and Bill Hassett had worked on the Elburz bus stop. She stated it would be upon the School District’s agenda. Commissioner Eklund-Brown stated they had identified an area that may need the BLM approval for a right of away to develop a turn around. Commissioner Myers asked if that would require an EA. Commissioner Eklund-Brown had talked to Antoinette about school involvement on the Road Committee. She stated Antoinette would try to get someone to apply for the committee so there would be a school representative. Commissioner Myers noted he had received a phone call from a lady concerned about the licensing of a brothel in Carlin. He had asked that she speak to the local City police. He did not know if they were located in the city limits. Gary Woodbury stated they were not permitted within the County so they had to be within the City limits. Gary Woodbury stated if she found that prostitution was happening on County property, then she could file a legal complaint because it would be a criminal act. He stated that Complaint would allow the Sheriff’s Department to review it.

CONSENT AGENDA: A. Presentation and review of claims for approval. B. Review and approval of travel requests that may be pending. C. Approval of Preceding Minutes: October 4, 2006: 1. Board of County Commissioners. October 5, 2006: 1. Board of County Commissioners. 2. Board of County Highway Commissioners. MOTION: Commissioner Eklund-Brown moved to approve the Consent Agenda contingent upon review of the claims and to include corrections to minutes and for items A-C. Commissioner Myers seconded the motion. The motion was passed unanimously.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Nannini congratulated Gary Woodbury, Commissioner Eklund-Brown and Commissioner Myers upon winning their elections. Gary Woodbury stated the Grand Old Broads had filed an Amended Notice of Appeal of the September’s decision of the Judge. He stated they had appealed the denial of their right to participate as interveners in the June 2003 Order and the denial of the reconsideration of that Order. Gary Woodbury stated Elko County had moved to dismiss, in part, a portion of that Appeal. He stated the briefing schedule would require the opening brief on January 15, 2007 and Elko

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 6 County had 30 days from that date to respond to the brief. Commissioner Eklund- Brown noted the appeal would go directly to the Ninth Circuit Court. Gary Woodbury stated last February he informed them there was an increase in population and corresponding increase in crime. He stated since October the numbers were up over 100 more felonies than last year and 150 more than what they did in 2004. Gary Woodbury pointed out that in 1997-98 it was the biggest year. He noted the current jail numbers. He stated due to the latest election results they would lose one of their energetic Deputy Attorneys to the Office of the Justice of the Peace. Therefore, he would be requesting another attorney but it would be hard to replace him. He noted that there was limited office space. He commented the Public Defender’s Office was also being swamped with all the new cases. He felt the Board should consider another defense attorney for that office. Commissioner Eklund-Brown noted some of that representation was being farmed out to other attorneys. Gary Woodbury stated the cost of that would be staggering. He noted that Commissioner Eklund-Brown had suggested that they do a contract-out for a Public Defender. Gary Woodbury had secured a copy of the overload contract from Carson City and had given it to Cash Minor. He stated that Carson City had three different firms that accepted the overflow that the Public Defender had a conflict upon or cases they could not handle. Gary Woodbury stated the cost was about $330,000 per year in addition to the Public Defender’s salaries. However, it was more expense to hire outside attorneys than it was to hire another Public Defender. Commissioner Myers felt they should ask how many cases Fred was handling and look at the expenses for hiring the outside attorneys. Gary Woodbury stated he would speak with Dale Lotspiech regarding the Sheriff’s Department being understaffed for detectives. He noted that Kevin McKinney was running the Jail and was the Chief of Detectives. He would recommend that they hire someone for that position. Gary Woodbury noted the City of Elko had five detectives and the Sheriff’s Office had two full time detectives with a couple of lieutenants helping. He noted that quality of investigation was compromised because the detectives did not have the time to give them. Gary Woodbury reiterated that they would have to replace Al Kacin. He noted they had not put on the contract attorney previously funded for $20,000. He believed they would be asking for an additional attorney so that would amount to $85,000. Commissioner Nannini noted there would be an open house from 3:00 p.m. to 7:00 p.m. for the Veterans’ Clinic tomorrow. Commissioner Nannini commented that he had a meeting at 2:00 p.m. with the Forest Service today. He stated this meeting was with the group from the Washington office to discuss South Canyon.

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 7 Commissioner Eklund-Brown stated the Cattlemen’s Association Conference for the State was being held in Elko today through Friday. She would be attending the meeting tomorrow at 7:30 a.m. wherein the State Engineer and NDOW will discuss resources and wildlife. She felt that they would discuss the impacts of the groundwater project. Commissioner Eklund-Brown believed they would also discuss the fire issues.

ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned. APPROVED, MIKE NANNINI, Acting Chairman

ATTEST: MARILYN TIPTON, Deputy Clerk

ELKO COUNTY COMMISSION REGULAR SESSION NOVEMBER 15, 2006 PAGE 8