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STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. SEPTEMBER 6, 2006

The Board of Elko County Commissioners met on September 6, 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 Warren Russell, Chair John Ellison Mike Nannini Charlie Myers Sheri Eklund-Brown County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Planning & Zoning Dir. Randy Brown NDF No. Reg. Forester Tom Turk - - - The proceedings were as follows:

CALL TO ORDER: Chairman Russell called the meeting to order at 1:35 p.m.

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

COMMENTS BY THE GENERAL PUBLIC: Joe De Braga stated he was a resident on Royal Crest Drive. He wished to discuss the Elko City annexation proposal along Sage Crest Drive. Joe DeBraga stated he represented Rob and Graci Salyer, Jess and Kathy Gilbert; Peter and Karen Zubietta, Don and Maria Trowbridge; Mike and Rose Creek; Bill and Diane Mueller, Lisa Manley and Danny McCullough, and Jon and Dawn Uriarte who lived in that area. He understood that the County did not have the authority to supersede the City’s authority to annex. He felt that the County’s concern was the creation of islands. Joe De Braga stated on Royal Crest Drive they were on the back side, the south side of the proposed property to be annexed. He stated it was zoned as Agriculture-Residential in the County as well as the property in the Harris Trust. Joe De Braga was concerned about becoming an island and being surrounded by City property. He stated that the residents have had a meeting and

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 1 at this point they were opposed to the annexation to the City and opposed to the rezoning of the property to make it commercial. Joe De Braga stated the City would hold a special meeting for the change in zoning. He asked that this Board do whatever they could to help them keep their County, rural status so they do not have commercial property against where they would have their horses and livestock. Joe De Braga stated he had copies of several e-mails which were sent to the Planning Commission expressing specific concerns from the residents. He asked the County to help them keep this from being zoned commercial and keep the land from being annexed into the City. Joe De Braga stated the other issue was County residents did not have much say at the City’s Planning Commission. Commissioner Eklund-Brown inquired if that was the Uriarte parcel in question. Joe De Braga explained the location of the property. He stated the Harris property easement went from 30’ to 60’ between his and the Salyer’s property. Joe De Braga stated they had conversations with Mike Marfisi about purchasing the property to keep it Agriculture-Residential zoning. He stated they were not opposed to people moving into that area but they would like to see similar zoning. Joe De Braga noted that when the City annexed and extended Royal Crest Drive they did state in that meeting they wanted the zoning to be the same as the surrounding area and they zoned it as such. He stated the extension of Royal Crest Drive, even though it was city property, created another island of city property surrounded by County. He stated that there was also County becoming surrounded by City property. Joe De Braga stated if they zone this property commercial then they could bring in all kinds of things onto that property which would not be compatible to what was adjacent to it now. Commissioner Russell noted his group or the County had any control over this action. He hoped the City of Elko would either mitigate through zoning or by a fence in their decision to annex. Joe De Braga suggested conditional use permits to keep it looking Agriculture-Residential. He noted that if they zoned it commercial then they should make some type of a border because of the close proximity to the animals. Commissioner Ellison inquired if during the process for annexation was the County required to agree to the process. Kristin McQueary stated it was difficult to stop, but they could offer their opinion. Randy Brown commented that according to NRS it stated that the County could make recommendations and proceed as if they were an individual. He stated they could make sure it was legal and it was valid. Commissioner Russell noted that there may be people in the audience who want to address this later in the meeting. IN REMEMBRANCE OF SEPTEMBER 11, 2001 – FIVE YEARS LATER: Remembering the five year anniversary of the events of September 11, 2001 and the continuing efforts to protect our Country from acts of terrorism, the Board

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 2 considered adoption of Resolution 20-2006, entitled: A RESOLUTION CONDEMNING THE ACTS OF TERRORISM AGAINST THE UNITED STATES OF AMERICA AND RESOLVING TO REMEMBER THE BRAVE ACTS OF HEROISM AND SACRIFICE THAT OCCURRED ON SEPTEMBER 11, 2001 AND CONTINUE TO THIS DAY.

MOTION: Commissioner Ellison moved to adopt RESOLUTION NO. 20-2006, entitled: A RESOLUTION CONDEMNING THE ACTS OF TERRORISM AGAINST THE UNITED STATES OF AMERICA AND RESOLVING TO REMEMBER THE BRAVE ACTS OF HEROISM AND SACRIFICE THAT OCCURRED ON SEPTEMBER 11, 2001 AND CONTINUE TO THIS DAY. Commissioner Eklund-Brown seconded the motion. Commissioners Ellison, Eklund-Brown and Myers voiced support of this action. Robert Stokes noted that this Resolution was an annual event of the Commission. The motion was passed unanimously.

CERTIFICATE OF CONGRATULATIONS: National High School Rodeo Finals Champion: The Board considered approval of a Certificate of Congratulations to Quinn Mori for his First Place finish in the Team Roping competition at the National High School Rodeo Finals held in Springfield, Illinois.

MOTION: Commissioner Nannini moved to approve a Certificate of Congratulations to Quinn Mori. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Eklund-Brown presented the certificate to Quinn Mori.

LIBRARY BOARD OF TRUSTEES/ LAW LIBRARY BOARD OF TRUSTEES: Jeanette Hammons stated she was the new Library Director and she looked forward to providing other services to the County other than in the Children’s section where she had been for the past eight years. Commissioner Eklund-Brown inquired about Alan Foust transferring to the Road Department. Jeanette Hammons stated it was a lateral transfer. She stated they were advertising for a replacement bookmobile driver for October. She stated Mr. Foust would be transferring over on October 11, 2006.

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 3 NORTHEASTERN NEVADA FIRE PROTECTION DISTRICT: Burn Barrel Restriction: The Board discussed action to restrict open burning and burn barrels due to the extreme wildfire danger in Elko County. Heavy fuel loading and high temperature conditions continue to contribute to the potential for wildfire activity. Tom Turk, NDF noted he assumed the title of Northern Regional Forester on June 2nd then they started burning June 6, 2006 and were continuing to burn. Commissioner Ellison inquired if Tom wished this to be extended 30 days. MOTION: Commissioner Ellison moved to extend the burning restriction (on open burning and burn barrels) for another thirty days. Commissioner Myers seconded the motion. Commissioner Russell requested that they extend the restrictions to October 4, 2006. Commissioner Ellison moved to amend his motion to extend the burning restrictions to October 4th. Commissioner Myers seconded the amendment. Chairman Russell inquired if Mr. Turk believed that would be the end of the fire season. Tom Turk stated they were very actively burning and did not know when the fire season would end. The motion was passed unanimously.

2006 Wildfire Season Emergency Declaration: The Board considered approval of an Emergency Declaration by the Elko County Board of Commissioners that would apply to the complete 2006 Wildfire Season regarding wildfire events and associated costs, resource depletion and physical damage in various locations in Elko County. The two previous emergency declarations were fire and date specific, which was usually desired by the State. However, because of the unusually high number of wildfires and record number of acres burned in Elko County this year, the State recommended that the County prepare a blanket emergency declaration for the whole 2006 Wildfire Season. Tom Turk, NDF, noted that this would coincide with the Governor’s statewide Declaration of Emergency dated August 30, 2006. Tom Turk gave an update on the current fire activities inclusive of the 23 new fires on Monday across northern Eureka County and Elko County. He reported as follows: the Webb fire south of Carlin was 13,000 acres; the Jackson Mine Fire was 2,000 acres; the Deer Fire in O’Neil Basin was 16,790 acres; the Amazon Fire north of Tuscarora had burned past the IL Ranch headquarters and was 67,000 acres with a Type I team on it. He reported the Sheep Fire was 130,000 acres and was threatening the Squaw Valley Ranch and the Ivanhoe Mine. He stated structure protection

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 4 was in place and a Type 2 command team was sharing the resources on the three large incidents in the region. Tom Turk stated they were past the 800,000 acre mark in Elko County alone and felt that their Declaration of Emergency was in order. Tom Turk noted they were forecasting more dry lightning and they anticipated more fires. Commissioner Eklund-Brown inquired about the Elburz Fire which was started yesterday. Tom Turk noted there were five new reports and there was one fire above Ryndon but nothing out of Elburz. Commissioner Myers stated that on Sunday he received calls from Sam Hicks and wished to publicly thank Sam for the updates. He noted that ranchers in rural areas may have questioned their priorities of life, structure, and property. Commissioner Myers commented that he liked Alex Goicoechea’s response in the newspaper. He noted NDF had limited resources and complimented them on their job. He commented that they did not lose a life and very few structures but there was devastation to the ranching community through the loss of AUMs, and loss of livestock and the wildlife habitat. He commented upon the newspaper article that stated they may have to open up the hunting season in some areas to prevent the animals from starving to death this winter. Commissioner Myers expressed appreciation to NDF and to the State for their support during this fire season. Tom Turk, NDF, stated nationally they were out of resources. He stated they still had a lot of the initial attack local resources assigned to assist those teams. He stated that that there were geographic areas which were reporting 23 to 25 fires a day caused by lightning. Commissioner Myers noted this was one of the Commission’s priorities and if they need County resources, they need to ask. Tom Turk, NDF, reported that Sam Hicks was promoted to Fire Management Officer last Friday. Commissioner Ellison noted the Board met with the Governor’s Office two weeks ago to expand the Declaration of Emergency with the help of Congressional delegates, Congressman Jim Gibbons, Senator Ensign and Senator Reid, and Assemblyman Carpenter. He stated there were individuals in the Governor’s Office who wanted to help get funding for restoration. Commissioner Ellison commented upon the impacts from loss of rangeland, recreation, and wildlife habitat. Commissioner Eklund-Brown noted that several days ago the paper reported 1,777 square miles were burned in the State and they were second in the nation. She commented that Elko County was over 1,000 of those square miles burned. She believed that the Resolution’s verbiage needed to be strengthened because the fires affected livelihoods, quality of life, and they were in competition nationally for this funding. She suggested they include the livestock and wildlife figures impacted. Commissioner Eklund-Brown noted there was an 800 million dollar farm bill for drought and felt that should be applicable to ranching also. She

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 5 noted the ranchers were worried about their future and had questioned how to apply for FEMA funding. Commissioner Russell stated their alternatives were to not pass the Resolution today and make amendments or they could pass the Resolution and add supporting documents. Commissioner Nannini felt that Boyd Spratling, of the Nevada Cattlemen’s Association, summed it up when he said these fires meant the end of small family ranches forever. He was concerned about why they were not getting more help from the federal level. Commissioner Nannini noted that they were burning up thousands of acres of feed. He noted it was the livelihood of the County and this was catastrophic to the counties within the State. Commissioner Ellison had spoken to Kathleen Clark’s Office regarding the reseeding procedures. He and Robert Stokes had spoken to FEMA about funding available through the grant process. Commissioner Nannini noted they were turned down the first time they sought funding. Robert Stokes reported they had sent a letter to the Natural Resource Conservation Service requesting emergency watershed funding to rehabilitate the rangeland. He noted that was federal funding and it was in the process. Robert Stokes stated a letter was sent to the State Emergency Management for emergency disaster relief funds. He stated he would meet Monday with the Assistant Director of State Emergency Management in Carson City to facilitate the initiation of those applications. Tom Turk stated they had received Fire Management Assistance Grants to reimburse them on some of their fire suppression costs. He stated they had brought in resources from California. Tom Turk stated they used law enforcement which incurred major overtime to assist with the evacuation on the Mudd Fire in Kittridge Canyon. Tom Turk believed the local governments would be able to recoup a percentage of their dollars for fire suppression. Robert Stokes stated in the past the Burned Area Emergency Rehabilitation (BAER) Team had came in for burned area rehabilitation. Tom Turk stated this technical team would deal with the hydrology, soil and vegetation management, habitat, etc. Tom Turk stated the BAER Team would assess the losses of fences, water developments, etc. He stated they would identify the critical areas for rehabilitation. Tom Turk stated the BAER Team would take their recommendations to the State for funding. Commissioner Nannini asked her to restate her comments in the form of a motion. He commented that previously FEMA had notified them it was okay to do the work in the Midas area on flood repair, then that funding was withdrawn. He felt they should go and present their case and believed that state and federal funding should be granted to the County. Commissioner Myers stated he had spoken earlier last week to Commissioner Eklund-Brown. He believed they should look at the long term effect such as erosion, dust, loss of AUMS, impact to the livestock industry, etc. He

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 6 believed someone should contact their Congressional/Senatorial Representatives to view the ground and give them a field trip. Commissioner Russell suggested they assign a task force to deal with these issues. He felt the task force should survey what exists on private property loss, habitat loss, prepare a summary of impacts/losses. He believed they could get a lot of information from the federal agencies upon the loss which occurred upon public lands. Commissioner Russell suggested they gather data from the agencies to see if the ranchers had access to funding since they had lost their livelihood. He suggested an executive summary inclusive of NDF reports. Commissioner Russell believed they need to review the policies that manage the federal agencies. Commissioner Nannini agreed that they need backup plan because of the loss of that amount of acreage. Commissioner Myers noted that next year erosion would impact the road work. He stated that there would be dust hazards for numerous years. Robert Stokes suggested a task force of County, NDF, NDOW, Nevada Cattlemen’s Association, BLM, and FS to look at everything to mitigate the damage done by the fires. Commissioner Russell felt there should be some private/public cooperation. Robert Stokes noted the federal agencies had started that process internally. He felt it may not be done by next meeting agenda due to the manpower issues. Tom Turk asked that they wait for the first BAER Team’s drafts. He stated Tom Warren of the BLM would obtain a copy of that draft. He felt that report would contain 75% to 80% of their issues. Commissioner Eklund-Brown questioned whether the Board needed to pass the Resolution today. Robert Stokes felt that they could proceed today and add some of her comments. Robert Stokes emphasized that they need a Declaration that covered everything. He was informed that the State Forester would declare the end of the fire season so they did not put a termination date on the document. Robert Stokes felt that would also be recognized under FEMA. He noted they did not have a federal Declaration even though the Governor supported that effort. He believed that was denied because they did not lose homes or life. He noted it was difficult for a rural location to get a Presidential Declaration. Commissioner Myers inquired about several states requesting a Presidential Declaration such as Idaho, Utah and Wyoming or Montana due to the fires. Tom Turk noted the drought relief programs initiated in the 1970’s dealt with multiple State Declarations. Commissioner Russell and Robert Stokes would review that suggestion. Commissioner Ellison stated that Western Counties Alliance was in the process of forming a group. MOTION: Commissioner Eklund-Brown moved to approve Resolution No. 22-2006, the Emergency Declaration for the 2006 wildfire season accompanied by all supplemental information provided by relevant agencies, including BLM, FS, Nevada

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 7 Cattlemen’s Association, NDOW, the Nevada Division of Forestry, Agriculture Extension Service, U.S. Fish and Wildlife Service, and any others that were appropriate to be included in this to Washington. Commissioner Myers seconded the motion. Commissioner Eklund-Brown felt they should review Commissioner Myers’ suggestion of requesting a tri-state Declaration of Emergency. Commissioner Eklund-Brown amended her motion to include Commissioner Myers’ suggestion of tri-state or quad-state Declaration of Emergency. Commissioner Myers seconded the amendment. The motion was passed unanimously. Range and Habitat Rehabilitation: The Board discussed holding a meeting 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 this year’s wildfire season. Commissioner Eklund-Brown stated in viewing the fires and talking to the ranchers she saw a need for changes in the national policies. She had seen a three prong approach to the types of meetings that needed to be held such as the task force they had previously discussed. She had asked Helen Hankins if the BLM would be willing to hold a public forum on the management and why that type of management procedures were in place. Commissioner Eklund-Brown believed they should review their management procedures, what their limitations were, how they respond with initial attack procedures, and their fire management procedures. Commissioner Eklund-Brown believed this would make for good public relations. Commissioner Eklund-Brown commented upon having ranchers Preston Wright and Quinn Mori on their radio program. After the radio program, they had discussed the land users interacting for possible changes in federal law on how to deal with the fires and land management issues. Commissioner Eklund-Brown stated the changes had to be made at the federal level. She had made a list of ranchers who had lost either all or a portion of their allotments. She suggested some private and public meetings to draft recommendations to Congress. She believed the Western Counties Alliance would be a good partner to bring in the other states which may have more information. Commissioner Eklund-Brown stated that in speaking with Helen Hankins the BLM would be happy to do training to the road crews. She stated the ranchers had been talking about getting basic fire training also. She noted the Elko Police Department wished to join in on that training. She believed that most of the training would be performed when the BLM was not responding to the fires in the office season.

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 8 Commissioner Ellison asked for the figures on how many AUMs were taken away over the last 5 to 10 years either from over grazing or cut back due to environmental groups. He felt they had mismanaged the lands with the reduction of the AUMS because it had increased the fire fuel loads. Commissioner Eklund- Brown stated that in 2005, according to Boyd Spratling, 25,000 AUMs were lost. However, to-date 65,000 AUMs were lost due to fires. Commissioner Eklund- Brown stated the 20 year average before 1999 for fires was 40,000 acres per year. She stated after 1999 it grew to 350,000 acres per year so the AUMs loss kept increasing. She stated the BLM was looking at bringing the cattle back sooner by fencing off burned portions of the allotments. Commissioner Eklund- Brown stated that both the Forest Service and the BLM were looking at that as part of their land use plans. She stated Ed Monnig wanted to change that in their new Forest Service plan. She noted that Mr. Monnig had informed her that some sites were able to be grazed earlier than two years after a fire. Commissioner Russell clarified that Commissioner Ellison requested the facts and actual loss of AUMs. He believed those figures were requested to determine whether there was a cause-and-effect between loss of AUMs and the increase of fires. Commissioner Ellison noted the local offices of the BLM and the Forest Service understand the western matters. However, the issues and policies sent down from Washington created a majority of the management problems. He felt the wild horse program was one of the most mismanaged programs in the Country. Commissioner Ellison felt that they should be accountable for what was happening to the western states. Commissioner Russell noted NACO had some information which may be useful. He stated at the closure to the fire season they would be able to receive more specific figures.

Chairman Russell called a recess at 2:37 p.m. and reconvened the meeting at 2:50 p.m.

NORTHEASTERN NEVADA REGIONAL RAILPORT: Commissioner Ellison departed the meeting room at 2:52 p.m. Commissioner Myers reviewed the Committee’s recommendations with regard to the lease, sale or contracting out of all or portions of the Railport and/or Industrial Park along with potential recommendations for contracting with consultants for various components of this project. He reviewed a map depicting the railport area. He stated they had divided the railport industrial area into zones. The committee recommended the Commission sell the industrial portion of the railport except for the southern area. The committee recommended that they retain fee-simple of a right-of-way which would parallel the tracks so they could

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 9 test for aggregate. He stated that may reduce their road costs and an additional transload site may be located on this site for east bound. Commissioner Myers stated the area Master Plan would be before the Planning Commission on September 21 and they would look at uses. He stated that each of the members of the Board would be provided an overlay of the Master Plan. Elaine Barkdull stated Randy Brown had identified the developable land and she looked at the leads to see if they fit this park and together they had created an overlay of the possible uses. She was working with companies interested in the area. Commissioner Myers noted that Randy Brown had put in the transload facility tracks within the overlay. He stated the Committee’s recommendation was to sell off the industrial park and the County develop the transload facility and then lease it. He stated that the transload operator would have the responsibility for any upgrades. Commissioner Eklund-Brown noted that the primary could sublease to secondary operators but the responsibility to the County remained with the primary operator. Commissioner Russell inquired about primary operator responsibility for infrastructure, rails, etc., within those parcels. Commissioner Myers stated the industrial park developer would be responsible for infrastructure. He stated the County would be responsible for the major rails but the extensions would be the developer’s responsibility. Gary Hunter stated a lot depended upon how it was structured and the needs of those who came to the park. He stated that who came on as the transload operator would be responsible to maintain those tracks. He noted the industrial developer would develop the additional tracks and be responsible for those additional tracks. Commissioner Nannini inquired about the Union Pacific’s participation on the transload facility. Gary Hunter stated that the Union Pacific would provide two switches to access into the transload facility. He stated that track would be leased to the transload operator. Commissioner Eklund-Brown noted that the Union Pacific was developing the property leading into the transload facility and they would deed that six acre parcel over to the County. Elaine Barkdull stated the Union Pacific had volunteered to move the utilities alongside the track. She believed that the Union Pacific would contribute about one million dollars to the project through their contributions. Commissioner Myers stated the initial track and transload facility costs were down to 2.2 million dollars. He noted the transload facility operator would be responsible for the cost of warehousing, perimeter fencing, lighting, etc. Commissioner Nannini requested clarification that the revenue from the sale of the property would be applied to the construction costs of the transload facility. Commissioner Myers felt they would see some initial costs up front and then there would be reimbursement to the County on their costs. Commissioner Myers noted Commissioner Russell had asked about water. He stated they had sufficient underground water to take care of the facility but that

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 10 did not allow for any future expansion. He felt it was imperative that they secure the water rights they had discussed previously. Commissioner Myers stated that there was surface water in a sufficient amount to form a pool for fire fighting. Commissioner Russell inquired about a fire department upon the property. Commissioner Myers stated that was planned in the triangular area because it would facilitate fire suppression in the transload area and it was just across from Osino so it could provide fire protection to the Osino, White Rock and Ryndon residents. Commissioner Myers noted they would meet next Monday with a transload developer and they would do some preparation work. Gary Hunter stated it was important for the Transload Operator to create a market and work with the County, City, ECEDA, Union Pacific and the Santa Fe Railroad. He stated after the County leased this property there were several ways to generate revenues for this. He explained that the Transloader could pay per foot, per rail or pay per square foot of land they use. He noted revenues could come back but cautioned that they want to encourage businesses to the area. Gary Hunter felt that they should not run tracks through the transload facility. He stated as the Transloader developed the business they would maximize the uses of their track to bring more businesses in. He stated they would probably have a separate track to serve the industrial park to eliminate difficulty in switching. Commissioner Myers noted Cash Minor was in Reno today and he had spoken to one appraiser and would speak to another appraiser to get the double appraisals. Commissioner Myers stated the Committee recommended lease of the transload facility to a Transload Operator. Commissioner Myers stated the Committee had spoken to Kristin McQueary and she felt the County could lease with an option for renewal for up to thirty years. Gary Hunter reviewed a timeline of six months for the development of the transload facility which would include the design of the facility, RFP, engineer selection, actual work on the truck capacity and the selection of Transloader Operator. Gary Hunter stated the industrial park timeline would probably be one year. Commissioner Eklund-Brown stated the appraisal would probably be done in four parts. She noted that there were two appraisals needed for the double appraisals on public property. She stated that there was a company who was interested in a parcel so they would appraise that individual parcel. Commissioner Eklund-Brown encouraged the public to become involved and encouraged the Osino residents in attendance at this meeting to submit their input at the Planning Commission meeting on September 21, 2006. Commissioner Eklund-Brown complimented Elaine, Kristin McQueary and Randy Brown upon their efforts for this project. Commissioner Eklund-Brown expressed concern that the water rights on the ranch were not in the amount as they originally first thought. She noted that they had filed for more water rights to service the industrial park and to bring

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 11 in different companies. Commissioner Eklund-Brown reported that NDOT had received a grant to do a study on the frontage road and interchange and the recommendations for the uses. She noted the different zones would probably have to be appraised separately. She believed the frontage road areas would be sold at a higher value. Commissioner Russell complimented them upon the Committee’s efforts in answering most of their questions. He liked the concept they presented. Commissioner Myers stated there was some interest expressed for ranching on the hilltop or perhaps a buffalo farm. He believed the ranching may be supported due to the latest fire issues. Elaine Barkdull agreed that the Committee worked well together. She noted that Gary Hunter had emphasized that they need shovel ready property. She stated they already had industrial developers calling expressing an interest. Elaine Barkdull commented that Union Pacific had provided them with several suggestions. Commissioner Eklund-Brown noted they had originally considered going out on the industrial park RFP to do an infrastructure study which would probably be very expensive. She stated Elaine Barkdull thought that she and Randy Brown could put together an assessment because of the meetings they had been in with NDOT and the utility companies. Commissioner Eklund-Brown stated if they had the information available for a developer then it would make it more shovel ready. MOTION: Commissioner Nannini moved to approve the concept; approve the leasing of the transload facility; and approve the sale to an industrial developer of Zones 1-4 and a portion of Zone 5. Commissioner Eklund-Brown seconded the motion. Randy Brown felt that their motion should include the creation of a Development Agreement. Commissioner Myers believed the Committee would be involved in the drafting of that Agreement. Commissioner Nannini understood that was part of the concept. The motion was passed by majority vote. Commissioner Ellison was absent during the vote. Commissioner Ellison returned to the meeting room.

ELKO COUNTY CODE: First reading of Ordinance No. 03-2006 that would increase District and Justice Court filing fees for the provision of civil legal assistance to indigent persons in family law entitled: AN ORDINANCE ADDING NEW SECTION 6, TO CHAPTER 2 OF TITLE 11 OF THE ELKO COUNTY CODE TO COLLECT CIVIL FILING FEES PURSUANT TO NRS 19.031, 19.0312, 19.0315, AND NRS 4.0712 TO PROVIDE FUNDING FOR PRO BONO LEGAL AID AND FOR LEGAL AID

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 12 FOR ABUSED AND NEGLECTED CHILDREN AND VICTIMS OF DOMESTIC VIOLENCE, AND ALL OTHER MATTERS PROPERLY RELATED THERETO. Commissioner Russell requested clarification that this agenda item was to change the County Code. He stated that there had been a previous discussion from various agencies on how the funding should be distributed. He inquired if the Commission had the freedom of making the decision of how it was distributed. Kristin McQueary stated the allocation of resources was a political decision and not a legal decision. She stated they were starting over with a new Ordinance with a new number and holding another First Reading. Kristin McQueary commented that in the Statute it stated the fees were to go to the organization that receives money pursuant to this section. She asked Wayne Pressel to explain the Section of the Statute, NRS 19.031, and its funding. Chairman Russell called for a five minute recess at 3:27 p.m. to allow legal counsel time to review the Statutes. The meeting was reconvened at 3:35 p.m. Wes Bowlen, of Wells, Nevada, reviewed his contact with Nevada Legal Services and the services provided to him and his son with regards to securing Social Security benefits. He felt that Herb Hammerstead of Nevada Legal Services was very efficient. Wes Bowlen voiced support of the Nevada Legal Services. Wayne Pressel, Executive Director of Nevada Legal Services, noted that their matter had been before the Commission for over a year. He stated there was some improvement in their proposal and their plan. Wayne Pressel asked them to devote this money to Nevada Legal Services. He stated that NRS 19.0312 enabled a County Commission to authorize the collection of a filing fee in District Court and Justice Court. He explained that fee did not exist now because there was no County Ordinance. Wayne Pressel stated the proposal provided for a $10.00 filing fee in District Court on Complaints and Answers and $10.00 in filing fees in Justice Court on Complaints and Answers with the exception of Small Claims. Wayne Pressel stated there would be a $25.00 filing fee on Motions for modifications to a Divorce Decree. He stated the expected revenue was hard to predict but he felt it would be approximately $15,000 to $20,000 and the exemption of Small Claims would decrease that amount. Wayne Pressel noted the scope of work had changed. He stated when they first came before the Commission the scope of work in the pro bono field had been in family law matters and had been fashioned around the strategy of them doing reduced fee work. Wayne Pressel explained that a self-represented litigant such as in a divorce, custody, or modification would appear in court with the proper papers and guidance. He stated their program had been to provide limited lawyer help from local attorneys, five on their panel. He stated at $75.00 per hour these attorneys would advise clients and make sure that their paper work was correct. He stated

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 13 in a number of matters they represented themselves. He stated they had expanded that to five or ten hours at that rate to do some hearings if someone had a contested family matter and could not represent themselves because they were too involved. Wayne Pressel noted since their first presentation there had been an inquiry from the Public Administrator and the Public Guardian office if NLS would be interested in providing local, private lawyers on a reduced fee basis to assist them in their work. Wayne Pressel had met with Kathy and Janice to arrive at an arrangement which was suitable to all parties. He stated they would be furnishing that assistance using fees from this statute. He stated Nevada Legal Services would provide limited help because the Public Administrator and Public Guardian were very efficient but they did not have a license. Wayne Pressel stated the other area of expansion was in domestic violence. He stated the Nevada Legal Services Board had discussed and entertained providing legal assistance from local Elko attorneys to victims of domestic violence referred to them from CADV. Wayne Pressel stated NLS had done some of this type of work in their regular family law practice. He stated they wanted to make this a dedicated part of their effort to use local Elko lawyers to provide immediate service. He stated they were prepared to pay $100 per hour for that service. Wayne Pressel stated they had spoken with Yvette Watters, of CADV, on this issue and they were fully prepared to meet those needs. Wayne Pressel stated David Lockie of the Board of Directors could provide the Board with further assurance. Commissioner Eklund-Brown noted they had received a letter from VARN with the copy of an attached Memorandum Agreement between Volunteer Attorneys for Rural Nevadans and Nevada Legal Services. She noted this was for Carson City and Douglas County. She inquired if Elko County would be incorporated into this agreement. She believed CADV was advocating for their representation in this area and she would like to hear from them on this matter. Wayne Pressel understood they had a letter from VARN who was based in Carson City and who wished to ask for those fees. He stated that was the issue in front of the Commission. Commissioner Eklund-Brown asked if a portion of the fees from Carson City or Douglas County or all of the fees went to VARN. Wayne Pressel stated in Carson City and Douglas County their arrangement was Nevada Legal Services was entitled to the fees collected and NLS had decided under contract to transfer those fees to them under an annual contract basis. He clarified it was the total amount that they received under NRS 19.031 (2). Wayne Pressel stated that the filing fee issue went back to 1975 in State statutes. He noted NRS 19.031 provided for a filing fee in District Court that was mandatory and not a County option for the indigent and the elderly. He stated in three separate sessions the Nevada Legal Services had requested that the filing fee be

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 14 increased under NRS 19.031. He stated Nevada Legal Services has always received that filing fee since their inception in 1982. Wayne Pressel stated Nevada Legal Services received those fees as the sole beneficiary in fifteen rural counties within the State. He explained that there were only two counties, Douglas and Carson City Counties, who had the additional filing fees under NRS 19.031(2) which was a County option. He stated that funding had designation for three purposes, not just the indigent and elderly. He stated they receive those filing fees from the County Treasurer and under their MOU they turn that money over to the Volunteer Attorneys for Rural Nevadans. Wayne Pressel stated they were not proposing a similar agreement here in Elko County. He stated Nevada Legal Services proposed that Elko County allocate the money to the Nevada Legal Services and they would maintain the program for representation of domestic violence, certainly to include VARN if they wished to be included as part of their attorney panel. Wayne Pressel stated they would not be turning the filing fees entirely over to the Volunteer Attorneys for Rural Nevadans like they do in Douglas and Carson City Counties. Commissioner Eklund-Brown inquired if most of those attorneys were located in Carson City and Douglas Counties for VARN. He believed both staff lawyers were located in Carson City. Wayne Pressel stated Nevada Legal Services proposed to use a panel of five local attorneys. He stated they were in negotiations with Michele Rodriguez as a contract lawyer. Wayne Pressel did not think believe that domestic violence or family law work could be done from a distance. He stated Nevada Legal Services had an office in the Wells Fargo building. He stated Art Leyva was their staff person for four years and they were seeking to expand that. He stated David Lockie, Chairperson of their Board, could speak upon that. Wayne Pressel noted they were an established organization in their community and they had made the commitment. He stated regardless of what the Commissions’ decision was today they would continue that service. Commissioner Eklund-Brown inquired if he felt they had met the concerns of the Public Guardian and the CADV. Wayne Pressel stated they had met the concerns of the Public Guardian and the Public Administrator. He stated they had worked out a protocol which details when they call, who they give what to what, and what they furnish. Wayne Pressel stated with regards to CADV, they had discussions with Yvette Watters. He noted that he had submitted two protocols that he believed would answer this. Wayne Pressel felt everyone was waiting to see what the County Commission did and who the partners would be. He stated the Nevada Legal Services was supported by other funding in this issue. Wayne Pressel stated that during the time this issue was pending they had gone to the United Way of Great Basin and had become a certified agency of their United Way listing. He stated Nevada Legal Services had received $8,000 in grant funding beginning July 2006 through July 2007 to do domestic violence in

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 15 Elko County from United Way. He stated in addition to that Nevada Legal Services had received a $5,000 grant for the remainder of calendar 2006 from the Nevada Law Foundation which grants them as a firm $65,000 in other areas of the state. He stated the Nevada Legal Foundation had expressed a willingness to increase their allocation $10,000 or $15,000 to support Nevada Legal Services doing domestic violence and family law work in their County. Commissioner Eklund-Brown inquired why Nevada Legal Services would have an office here if they were not receiving the money from Elko County. Wayne Pressel stated they had an office here because they did not think they could serve Elko County without one. Commissioner Eklund-Brown noted that Nevada Legal Services had their office here for a number of years without this funding. Commissioner Eklund- Brown inquired if the Elko location was the central location for the other counties they serviced. Wayne Pressel acknowledged that they did deal with White Pine and Lander Counties because Elko was a central location in this area of the State. Kristin McQueary stated, pursuant to the existing statute, Nevada Legal Services, already received certain filing fees. She stated this Ordinance would add an additional layer of filing fees for the three specified purposes. Wayne Pressel stated that currently under NRS 19.031 they receive about $22,000 from District Court alone for the support of the indigent and the elderly. He explained this Ordinance was for additional filing fees under NRS 19.031(2). Wayne Pressel stated the Nevada Legal Services’ Executive Director dealt with public relations, fund raising and with the legislature. He stated they also had a Director of Advocacy, a Director Attorney and they had the financial resources to put in an office. Wayne Pressel stated that they put more money into this community because they were a big enough Company to do that. Commissioner Russell inquired if there was a written agreement with Elko County for providing legal services in Elko County. Wayne Pressel stated that Nevada Legal Services under NRS 19.031 did not have a written agreement. He stated there was a written protocol with the Public Guardian and Public Administrator for that portion of their proposal. Commissioner Russell inquired if they ever had a written agreement with Elko County. Wayne Pressel did not believe so; not within his twenty-one years. Kristin McQueary inquired how his organization (Nevada Legal Services) became the organization under NRS 19.031 to receive the fees. Wayne Pressel stated the predecessor organizations in 1975 was the author of the filing fee legislation and those organizations were consolidated into Nevada Legal Services in 1982. Wayne Pressel stated he was the chief lobbyist for the amendments of NRS 19.031 and for the passage of NRS 19.031(2). He stated Nevada Legal Services was always the major proponent and the recipients of that legislation. Wayne Pressel commented that the problem was that NRS 19.031 provided only a generic definition of who the beneficiaries should

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 16 be. He stated one of the definitions was “someone who receives federal money for legal assistance to the indigent”. Wayne Pressel reported that out of their 2.5 million dollar budget Nevada Legal Services receives 1.8 million dollars from the Federal Legal Services Corporation, which was funded directly by Congress. He stated that Nevada Legal Services was the sole recipient of that federal funding within the State of Nevada. Wayne Pressel noted it allowed them to maintain offices in Carson City, Las Vegas, Reno and Elko and obligates them to practice in all seventeen counties of the State. He stated the filing fees they have allocated in Clark and Washoe Counties under NRS 19.031 to their sister organizations: Clark County Legal Services headed by Barbara Buckley and Washoe Legal Services. Wayne Pressel stated in the rural counties Nevada Legal Services has always received the monies under NRS 19.031. He noted that under their Agreement with VARN, Nevada Legal Services received the fees under NRS 19.031(2) and then transferred those funds on to VARN. Wayne Pressel stated their proposal to Elko County was not that. Their proposal was in Elko County they would allocate the money to Nevada Legal Services and Nevada Legal Services would produce the services for them. Commissioner Russell asked for clarification that if there was no specific documentation and it was a generic character of the statute then any organization that was providing the services could request funding from the Elko County Treasurer whether they had a Memorandum of Agreement or not. Wayne Pressel stated that was correct. He stated there was an Opinion by the State Attorney General that Nevada Legal Services and its predecessor organizations were the ones envisioned by the Legislature since 1975 to receive that filing fees. Wayne Pressel stated it was not law and it was not a Supreme Court case. He stated someone else could apply to the Elko County Treasurer and it would be up to the County Treasurer to sort that out. Wayne Pressel noted they had this same discussion in Lyon and Nye Counties. Commissioner Russell noted this was based on good will and services provided by your organization but there could be competition from another organization. He noted that Wayne Pressel had emphasized that Nevada Legal Services provided attorneys for giving legal advice. Commissioner Russell inquired if they ever used anyone other than attorneys to provide advice and council for clients through this agency. Wayne Pressel stated that the strategy they use under the reduced fee arrangement was to use local lawyers under their aegis, and their malpractice. He stated they also have paralegals in their firm like Herb Hammerstead and out reach workers such as Art Leyva who was able to give direction but not legal advice. Wayne Pressel stated they were very careful and worked very closely with the State Bar to stay clear of the unauthorized practice of law. He stated they had been involved with the passage of family law pleadings and instructions. He stated now there was

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 17 housing instructions for landlords and tenants that were passed by the Supreme Court. He stated that in Nevada there was a broadening circle of what used to be traditional legal advice. Wayne Pressel stated they provide legal information and direction through supervised non lawyers. However, legal advice came from lawyers. Commissioner Russell noted that Wayne Pressel represented that Nevada Legal Services provided attorneys for these folks but in reality, in the past, they provided different levels of counsel for people who were clients of theirs. Wayne Pressel noted that when legal counsel was called; such as when a person came in that could not navigate the Court system, then NLS would provide what was appropriate for the person. Wayne Pressel stated they had everything from forms on the website to limited assistance, to full legal assistance. Commissioner Russell asked what the nature of supervision given to people was who were not attorneys, but were providing counsel from their organization. Wayne Pressel noted they had a sophisticated case management system in which every client contact was recorded. He stated cases were opened only after review by the directing attorney and staff. Wayne Pressel stated it was monitored under strict case acceptance procedures in a computerized system that they manage in- house. He stated the cases get reviewed at the opening and get reviewed at the closing and were supervised during the way under strict guidelines which were enforced by the Director of Advocacy and Directing Attorneys that were responsible for each geographical area. Commissioner Russell asked if an attorney would review it at the initial time it was opened and at the closing of the case and received an affirmative response from Wayne Pressel. Wayne Pressel stated that was their practice that the counsel and advice cases would be reviewed at the closing. He stated that a hand fashioned customized letter was submitted to every client involved. Wayne Pressel stated they had 3,500 cases last year involving various levels of activity and every one of them that was closed, whether 15 minutes or 150 hours, received a letter. Commissioner Eklund-Brown noted that this was a general change to the County Code and they would just process the Ordinance and enact. She asked, if once it was approved, could they go forward with an agreement. Kristin McQueary stated the agenda item was to change the County Code to include the additions to NRS 19.031(2) which was additional money for pro bono for abused, neglected children and victims of domestic violence. Commissioner Eklund-Brown noted the NRS did not designate the funding. Kristin McQueary commented that the statute stated it went to the organization that collected the money and in NRS 19.031 it was apparently Nevada Legal Services just by fiat. Commissioner Eklund-Brown inquired if Nevada Legal Services did that in 15 counties. Wayne Pressel replied they did under State Statute and not by fiat of his organization. He stated they had collected that in most of the rural counties for the twenty years he

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 18 had been around. Wayne Pressel reiterated that they receive the funds under NRS 19.031 in all 15 rural counties since 1975. Kristin McQueary clarified that she meant under fiat because there was no written agreement and Statute NRS 19.031 was very broad. She noted there was no agreement in any of Elko County’s records that their organization out of all the other organizations out there was the one selected. Wayne Pressel did not believe there was a written agreement, it just came to them. He stated his job was to attend the County Commissions’ meetings and report to them what they had been doing and answer questions. Wayne Pressel clarified that the money from NRS 19.031 (2) was to go to the people who received the money under NRS 19.031 and that has been since 1975 Nevada Legal Services. Art Leyva, Nevada Legal Services Outreach Coordinator, stated that every client that comes through Elko goes to an attorney. He stated if it was not a pro bono attorney then it was a staff attorney. Art Leyva stated they direct him whether to hire a pro bono or a staff attorney. He stated if it was on a Social Security issue they handled it. Art Leyva stated all he did was the in-take; assign the paper work, and the filing. David Lockie stated he had been an attorney in private practice for twenty years and had served on various boards inclusive of the Elko County Bar Association, CADV, and the FRC. He was appointed through the State Bar of Nevada to the Board of the Nevada Legal Services. He was the President of this Organization. David Lockie felt Elko lacked any local effort on the part of the local bar to provide pro bono assistance. He stated in the past the only assistance to the indigent came about when he was on the CADV Board and they put together a grant for the Nevada Legal Foundation. He stated that when he went on the Board of the Nevada Legal Services he became committed to increasing the level of services offered in Elko. David Lockie had spoken to Michele Rodriguez. He felt she would work a few days in their office each week, full time. David Lockie stated he did not have anything against VARN and had great respect for them. He stated that if Nevada Legal Services was awarded this money then VARN was welcome to participate on the cases similar to the other attorneys they have on their panel. David Lockie stated from a CADV perspective and from a VARN perspective they were only talking about domestic violence. He was looking at the big picture. He felt what they needed was what Nevada Legal Services could do. It was his opinion that it would be a mistake to award this money to an organization whose focus was on domestic violence. He stated domestic violence was a problem and usually victims of domestic violence were economically trapped. David Lockie stated Nevada Legal Services had a broad prospective and had the ability to help people with obtaining social security and welfare benefits. Commissioner Eklund-Brown noted this funding was to be applied to abused,

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 19 neglected children and victims of domestic violence. David Lockie commented that the stated purpose of the statute was “pro bono”. He stated because of their size and capacity they could provide services far beyond a direct domestic violence need. David Lockie felt the money should stay in Elko and not be given to VARN who was a Carson City organization. He stated VARN had two attorneys who served eight counties. David Lockie noted when funding became available, people came forward to get a part of the revenues. He stated they had put forth the effort at the legislation for the revenues. David Lockie requested that the Board make a decision upon this. He noted they had endorsement from two District Judges. Kathy Jones, Public Guardian, voiced support of the Nevada Legal Services. She stated previously the Public Guardian and the Public Administrator had asked the Elko attorneys for a lot of pro bono services. She believed that those attorneys should have received some sort of compensation. Kathy Jones stated Nevada Legal Services was able to compensate those attorneys. Valerie Cooney, of VARN, stated she was in Elko in 2002 to do her first case. She stated her organization provided free legal services to victims of domestic violence in 14 of Nevada’s rural counties. She stated they were funded through private, state, estate monies and federal funds. Valerie Cooney stated that VARN was created ten years ago by the young lawyers’ section of the State Bar of Nevada. She stated in 2002 they were given a grant from the Carson City Soroptimist’s Organization of $50,000 to start a program that could provide free legal services to women that were victims of domestic violence. Valerie Cooney stated when they started the VARN program they were originally housed in the same building and sharing resources with Nevada Legal Services. She stated they worked under their auspice and NLS took their numbers in terms of services provided to pro bono clients. Valerie Cooney stated they were allowed to use VARN’s numbers as part of their requirement for federal funding under the Legal Services Corporation Grant. She noted LSC required that they spend 12% of their budget under pro bono. Valerie Cooney commented that 12% was a large amount of NLS’s revenue. She stated VARN had since moved out from under the same building. Therefore, she believed that requirement was driving Nevada Legal Services to provide whatever pro bono services to account for the numbers. Valerie Cooney voiced concern for women who were victims of domestic violence in Nevada. She wanted the County to understand what their organization did, what the statute said, and what VARN’s interest was in the revenues. She noted that the Commission did have a copy of the MOU between VARN and Nevada Legal Services which was negotiated by a team of attorneys from the State Bar of Nevada, the Board, and the previous Nevada Legal Services President. Valerie Cooney sated the MOU was negotiated after VARN had left the same building as

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 20 Nevada Legal Services was housed and because VARN had claimed they had an interest in receiving the monies under NRS 19.031(2). She noted VARN also qualified by the language in the statute to receive the funding under NRS 19.031. Valerie Cooney stated they were an organization that was created and established by the State Bar of Nevada. Valerie Cooney stated they were state funded by Victims of Crime Act (VOCA), and federally funded through Violence Against Women (VAW). Valerie Cooney noted VARN was the only organization doing domestic violence work in the past. She stated NLS did not provide that service to CADV and no statewide service was provided for abused or neglected children by Nevada Legal Services. Valerie Cooney stated NLS at that time only qualified with pro bono services on a statewide basis. She agreed that Nevada Legal Services was responsible for passage of both of these pieces of legislations. Therefore, they had a vested interest in making sure they received those revenues. However, because of the dispute VARN and NLS had negotiated the MOU. Valerie Cooney stated that VARN and NLS did speak with Judges Ames and Memeo in 2002 and they were supportive of this concept. She noted that VARN proceeded to do the work in the counties that they were referred. She reported that VARN had been doing cases in Elko County since 2002. Valerie Cooney commented that they had heard about NLS’s proposal through CADV and through a member of the NLS staff that Mr. Pressel had tried to get the Ordinance passed. She noted that VARN had inquired of Mr. Pressel if he intended to include them in the process. They were advised that VARN did not provide services in Elko County. Valerie Cooney noted she had provided the number of cases and hours that they had worked in Elko County to the Commission with copies of the MOU. She felt passage of an Ordinance was a good idea. She noted it has not been passed in many of the rural counties. Valerie Cooney hoped that VARN and Mr. Pressel would work together to try and see that it was passed in other counties. Valerie Cooney stated NLS believed that they had no obligation to share any of the funding with VARN. She felt that was something that should be determined apart and away from these proceedings under their MOU. Valerie Cooney commented they did want the Commission to know that there were other entities and organizations that provide services who qualify for that funding. She noted there was a similar dispute in Lyon County and as a result the Lyon County Commissioners decided that funding under NRS 19.031 should be divided among the primary service providers and so ruled. Valerie Cooney stated that funding was divided between VARN and NLS on a quarterly basis and based upon the number of hours of work they do in the County each quarter. Valerie Cooney stated with regards to NRS 19.031(2) the question arose whether NLS was exclusively entitled to those funds. She stated in 1972 NLS was the only

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 21 providers. However, in 1984 the Violence Against Women Act (VAWA) was passed by the federal government and there was national recognition of the problems that deal with domestic violence. She commented there was an enormous problem with treatment and legal representation for the family and children which were subject to abuse or negligence. Valerie Cooney stated they had been approached by several organizations to expand into that area. She stated VARN had applied for monies to provide those services. She stated if this Commission allows for application and they establish protocols for determination of funding then VARN would make application for that. Valerie Cooney noted that Mr. Pressel had commented that VARN’s offices were in Carson City and they could not represent people from afar. Valerie Cooney questioned why the office in Elko had not done any work in areas otherwise designated under the statute to receive the funds. She noted that Art Leyva indicated that he did not do anything other than fill out forms and refer people on. Valerie Cooney stated from her experience with the NLS office and what has been happening with that office; there was indeed a lot of legal activity going on and it was not simply referrals to staff attorneys at NLS or local attorneys. Valerie Cooney commented that their clients come to them through a variety of ways such as brochures VARN distributes, referrals from various social services agencies and referrals from the Judges. Valerie Cooney stated that she currently had nine open cases filed in this Court today representing women and their families who were victims of domestic violence. She stated that she participated at all the TPO extension hearings in front of the Court Master. Valerie Cooney stated she was familiar with the area and the Judges in the rural counties within the state. She stated the legal services that VARN provide were specific and specialized. She stated the average family law attorney usually was not educated in the finer points of litigating domestic violence cases. Valerie Cooney stated there may be a way to refer some of these cases to local attorneys. However, she stated four of her clients come to them because they could not get an attorney here to represent them. She stated that some of them were high profile cases and the individual was fairly well known. Valerie Cooney stated that there was a variety of reasons to have representation from out of the area to assist you with a problem. Commissioner Russell stated when someone came to get counseling from VARN did they speak to an attorney or a staff person. Valerie Cooney stated the first contact with their office was with a receptionist who was a bilingual, intake person. She stated the receptionist would gather all the background information and then that would go to the attorney. She stated the representation on these cases were full and complete by an attorney. Valerie Cooney stated that since 2002 she had litigated 16 cases in Elko. She noted there were 9 cases pending now.

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 22 Commissioner Ellison felt that both organizations were well needed. However, he felt that they were taking away from the public and creating more financial burden on everyone. He stated his biggest concern was the exclusion of Small Claims in Justice Court and that had been addressed. Katie Howe, staff attorney for Judge Memeo, stated that they have had cases from both Nevada Legal Services and VARN in front of them for several years. Katie Howe stated they supported the idea of the funding and were not opposed to diversification of providers. She stated, as a Court, their main concern was to see more attorneys representing these groups in Court for domestic violence and abused and neglected children. Yvette Waters, Director of CADV, stated that she was an advocate for the victims of domestic violence. However, she felt that anyone in need of legal representation needed legal representation and not self-help packets. She clarified that there was no MOU between Nevada Legal Services and CADV in Elko County that she knew of. Yvette Waters stated NLS wrote a grant to United Way and to IODA without them being aware of them. She stated they have received memos which were identical except for the presentation that Michele Rodriguez will be the attorney. Yvette Waters stated that when they originally contacted VARN they were hoping they would be part of this process with Nevada Legal Services. She reminded them that if the Board passed this and increased the fees, the wording in the statute stated “pro bono” first. Yvette Waters commented that there was a lot of confusion that this would go to abused and neglected children and domestic violence victims. She noted that the statute did not say that. She stated that would give to whoever receives this money the ability to use it however they want unless the County puts some types of restrictions on this revenue. Yvette Waters stated none of this money at this time was being designated to domestic violence victims. She hoped the elderly were getting the help that they needed. Yvette Waters stated that at this time none of the filing fees were being committed to CADV. Commissioner Eklund-Brown requested clarification that NRS 19.031 funding was not designated to go to domestic violence. Yvette Waters clarified that the funding under NRS 19.031(2) had not been committed by Nevada Legal Services to domestic violence. She felt that there may be a misunderstanding that was where the funding would go but it had not been committed to domestic violence. Yvette Waters felt that whether the indigent people were domestic violence victims, etc., they should get some assistance. Yvette Waters asked that someone be accountable. She noted that who ever filed papers would be charged these filing fees. Therefore, someone should be accountable so the Commission would know who was getting served and what the benefit was from this funding. Commissioner Eklund-Brown inquired if there were any reports based on the fees received per county and on types of

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 23 cases were being served. Wayne Pressel stated he had submitted some reports to the other counties to let them know. He echoed that there should be accountability. He stated they had a highly developed case management system. Wayne Pressel stated that in the County granting these monies under NRS 19.031 (2) to Nevada Legal Services they believed they could meet the domestic violence needs of the County in addition to the other work they do. He believed that if this matter was settled they could include VARN in their services. Commissioner Eklund-Brown hoped that they were all looking at the victims and would work together for those victims. Kristin McQueary observed that within her tenure here they have never had a proposed Ordinance generate this much interest from anybody. She clarified that what was on the agenda was passing the proposed increase of filing fees pursuant to NRS 19.031(2). She noted in the statutes it stated the funds would go to the organization operating the program for legal services or receives the fees under NRS. 19.031. Kristin McQueary stated sorting out which organization received the money was not on their agenda. She advised the Commission that if they wished to change anything they should put the item on a different agenda. Robert Stokes stated this was initially proposed over a year ago. He stated the second reading was tabled until some of the issues were cleared up with the Public Guardian. He explained that this Ordinance was renumbered and this was the First Reading again because a year had gone by since the previous First Reading. He stated if this was approved today it would be the First Reading. Commissioner Eklund-Brown asked if they could table it. MOTION: Commissioner Nannini moved to approve the First Reading of Ordinance No. 03-2006, entitled: AN ORDINANCE ADDING NEW SECTION 6, TO CHAPTER 2 OF TITLE 11 OF THE ELKO COUNTY CODE TO COLLECT CIVIL FILING FEES PURSUANT TO NRS 19.031, 19.0312, 19.0315, AND NRS 4.0712 TO PROVIDE FUNDING FOR PRO BONO LEGAL AID AND FOR LEGAL AID FOR ABUSED AND NEGLECTED CHILDREN AND VICTIMS OF DOMESTIC VIOLENCE. Commissioner Eklund-Brown seconded the motion. Commissioner Myers disclosed that the Public Administrator was related to him but based on consultation with legal counsel he was allowed to vote because there was no pecuniary interest. Commissioner Ellison hoped that by the time they come back for the Second Reading they could have the disagreements worked out. Commissioner Russell stated that if they could not work out their disagreements then he would recommend they establish an application process for those funds. He stated then individuals and organizations who wished to participate could apply for those funds. Commissioner Russell believed that both

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 24 organizations provided good services. Commissioner Eklund-Brown disclosed that Mr. Lockie had represented her family in the past. The motion was passed unanimously.

ELKO WATER PLANNING COMMISSION: U.S. Geological Survey (USGS): The Board discussed Elko County participation in a USGS proposed plan to study eight hydrographic areas in Elko County and Northeastern Nevada. David Evetts, of USGS and Elko County Water Planning Commission, stated in the late 1950’s through the early 1970’s the USGS prepared a series of reconnaissance reports. He stated many of the decisions of water availability in the area were based on the findings in those reports with the exception of the middle Humboldt River, Huntington Valley and the Ruby Marsh areas. He stated nothing had been done to update the findings in those reports. David Evetts stated with the growing communities in Nevada and the increased strain on the water resources there was a need to better define those water resources. He stated Mike Strobel, Deputy Director, and David Berger, Project Section Chief for Nevada Water Science Center, would present their ideas for projects to better define the water resources in the Elko area and the upper Humboldt region. David Berger, USGS Northern Nevada Study Section Chief, submitted copies of their water reports for this area inclusive of the middle Humboldt section, Ruby Valley Water Budget and the Prism Study which was recently completed. He spoke upon refinement of the water budgets. He reviewed the following three topics: Overall water budget, Quantification of interbasin flow, and Water quality. He pointed out the eight hydrographic areas which were defined as the Humboldt River Basin. David Berger noted these basins were used by the State Engineer to regulate the water and the water rights. He gave an overview on the standard water equation for a water budget inclusive of the inflow components, outflow components, interbasin transfers and storage of water. David Berger stated that USGS would identify each one of these components to get a water budget. Commissioner Ellison inquired about if they considered the snow pack yield. David Berger stated it would be considered but there was a lag time in which there would be the discharge from that precipitation. He stated there were equations developed to look at the precipitation distributions to estimate the yield from these watersheds. Commissioner Ellison inquired about the lag time to receive the benefit from the precipitation. David Berger noted that in the Southern Ruby Mountains it happened more rapidly because of the cavities developed. However, in the Lamoille Canyon it may take decades to see ground water recharge from precipitation. He stated most of that yield was runoff from the creek. David

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 25 Berger stated one of the problems of making a water budget was that there was no average winter. Commissioner Eklund-Brown noted there were snotel measurements taken throughout the year. David Berger noted the Prism Model was used to adjust that year’s model according to the local precipitation received. He stated when doing a water budget it was easier scientifically to get at these components than it was to get at the recharge. David Berger stated they typically do the studies in phases. Commissioner Eklund-Brown inquired how they would substantiate the inflow/outflow was equal in Ruby Valley if there was not that much more of a water budget being held underground. David Berger stated they could measure the ground water levels over a period of time. Commissioner Eklund-Brown noted in Diamond Valley the flows were not equal. David Berger commented that they have over drafted that aquifer and there was a huge cone of depression in that valley. David Berger demonstrated how they calculated interbasin flows through ground water contour maps and gradients. He stated they could estimate the flows in and out of the basins from the aquifer tests. David Berger stated samples could be collected and analyzed out of sample wells for water quality. He stated they could compare the samples to the primary legal enforcement standards for drinking water. He noted they could also look at secondary standards such as smell, and colors that were really not enforceable. David Berger stated they could produce a more detailed project proposal which would include costs and they could break it up into two to three year phases. He noted that he had discussed eight hydrologic areas but that might not be what they wanted studied. Commissioner Eklund-Brown asked if the eight hydrologic areas were incorporated in the three flow systems. Randy Brown replied it applied to just the upper Humboldt River Basin region. Commissioner Eklund-Brown encouraged the whole area to be analyzed. She stated the Water Planning Commission had been working on this. She believed the information was important for future planning in this area and because of potential impacts from the proposed groundwater pipeline. David Berger stated the Central Nevada Water Authority had a project and there would be a meeting on Friday. Commissioner Ellison noted that Randy Brown was their technical assistance. He noted they had looked at the Elko Segment under other studies which was different than the State Engineer’s studies. Randy Brown stated this study would be the top of the line and he would like to have the USGS information. He stated this would provide credibility to the studies they had performed. Randy Brown urged the County to proceed. David Berger felt that the Elko Segment would be the priority hydrologic area to be studied first. Randy Brown stated their water plan was a comprehensive

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 26 study of the area’s potential growth. David Berger stated ultimately in order to determine what kind of stress the aquifer could handle they would need a groundwater flow model. He stated once the water budgets and characteristics were understood then a groundwater flow model would be the next logical step to perform pumping scenarios to see what would happen to this area if they put a well field in. Commissioner Eklund-Brown believed that Huntington Valley should be included in study. Commissioner Eklund-Brown noted they had requested monitoring wells from Southern Nevada Water Authority in that area. Randy Brown expressed concern about water usage and their future water budgets. Commissioner Russell asked for cost estimates and inquired who would be the partners other than the County and USGS. He believed they should talk to the Humboldt River Basin Water Authority who may wish to participate. David Berger stated the USGS scope of work had to be large enough so they did not infringe upon consultants’ work. He stated that in order for the USGS to be involved it had to be a more detailed, comprehensive study which could be performed over a two year period in phases. MOTION: Commissioner Eklund-Brown moved to have USGS bring back proposals for consideration of eight hydrologic areas within Elko County for future water planning. Commissioner Ellison seconded the motion. Commissioner Nannini requested a preliminary cost estimate. David Berger gave an estimate for a two or three year period. He informed them that there was an opportunity to get federal funding for the studies. Commissioner Eklund-Brown noted their growth was limited because it was considered a closed basin. The motion was passed unanimously. Commissioner Eklund-Brown commented upon a presentation given by Michael Strobel in Eureka regarding the interconnectivity of aquifers. She believed that presentation was very educational. She encouraged Michael Strobel to bring that presentation to Elko, to the community as a whole.

ELKO COUNTY PLANNING AND ZONING DIVISION: Right of Way Approach Request : The Board considered the acceptance of a NDOT right of way approach to Wild Horse Land Company on State Route 225 (Mountain City Highway) north of Elko, Nevada. Randy Brown noted this was a right of way encroachment permit to the Wildhorse Estates which was right off of the Mountain City Highway. He stated it was past Adobe Ranches about two miles. He stated it was a standard approach and had a cattleguard which was 32 foot wide. He stated it was a 32 foot

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 27 standard gravel approach. Randy Brown noted the State had asked the County to accept it and staff recommended approval. MOTION: Commissioner Nannini moved to accept the NDOT right of way approach to Wild Horse Land Company on State Route 225 north of Elko, Nevada. Commissioner Ellison seconded the motion. Commissioner Myers inquired if Otis Tipton had any comments on this. Randy Brown stated he had not heard anything from him. Commissioner Ellison believed that was who staff was. The motion was passed unanimously.

City of Elko Annexation Proposals: Elko Annexation Requests No. 1-06 / Howe and 2-06 / Harris Trust: The Board considered recommendations from staff concerning the proposed City of Elko Annexations along Sagecrest Drive. Commissioner Russell noted that the Board had previously heard from a citizen, Joe De Braga, on this matter. Randy Brown stated this was two annexations that were proposed by the City. He was concerned that Sagecrest Drive was partially in Elko and the northern portion of the road was the actual boundary. Randy Brown stated according to Nevada Revised Statutes the boundary should go to the centerline of the road meaning that they own the northerly portion of the road and the County owns the southerly portion of the road. He stated part of his request was that if the City annexed these two portions of land then the City would be completely responsible for all of Sagecrest from SR 225 all the way to the boundary of the city limits pursuant to Nevada Revised Statutes. Randy Brown noted that the portion on the right hand side which was adjacent to Sagecrest was not contiguous to the City limits. Commissioner Ellison requested that Randy Brown point out the location of the property on the map. Randy Brown reviewed where the Church, apartments and Home Depot were on the map. He pointed out what the City showed the city’s boundary lines were along Sagecrest and Jenning’s way. Randy Brown commented that the City of Elko had stated that Sagecrest was the County’s. He noted the City had previously created an island in the area. Therefore, he suggested that if the City wanted to proceed with the annexation then they should take all of Sagecrest from the intersection of SR 225 to the Connolly Drive. Commissioner Eklund-Brown noted that Home Depot was also in that region. Randy Brown stated if they annex this area then they would have to take a portion of El Armuth Drive in totality and not just a portion of El Armuth. He believed that if the City was going to do the annexation then they should contact the Sagecrest residents and offer them the opportunity to annex into the City. Commissioner Eklund-Brown inquired if they

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 28 could force them to annex in. Randy Brown noted by State Statute they could but it was not the City’s policy. Commissioner Ellison noted the City Ordinances did not allow for spot zoning. Randy Brown commented that the State statute stated they could not create an island of less than 40 acres but the City had done that. He believed that the City should do the annexation properly and legally. He stated if they offered Sagecrest annexation then the County could not stop them. Commissioner Eklund-Brown noted that there were two applicants who had requested annexation. Commissioner Eklund-Brown noted Reno and Sparks in Washoe County had gone ten miles away to annex. Randy Brown understood that this portion of the land was to be annexed and zone for commercial. Commissioner Nannini commented that the houses would then be bordering commercial property. Commissioner Ellison felt that Randy Brown should draft a letter with all their concerns and their opposition as it was proposed right now. Randy Brown believed that he could come up with some suggestions. He had previously sent a letter. He would like official recommendations from this Board to the City of Elko. Kathy Gilbert, a Royal Crest Drive resident, stated they have a consortium of people living in that area that oppose this annexation and the change of code. She stated they had a large group of working people who did not attend this meeting because they felt it would be during work hours. Kathy Gilbert stated they were not just opposed to the annexation but the immediate change of code to commercial. She noted that they live on the north side and the back side of their property would be adjoining commercial property. Kathy Gilbert stated they bought the property 14 years ago because it was in the middle of Agricultural- Residential property. She stated they invested in a barn, out sheds, and were set up for horses. Kathy Gilbert stated that there were several people on the same street which had done the same thing. They felt the Commission’s recommendation was vital because when the extension of Royal Crest Annexation came before the Elko Planning Board they asked how many lived in the City. At that time, they were told that it was the City’s Planning Commission and they were there to get input from the City’s residents. Kathy Gilbert noted this would directly impact the people living in the County especially if they changed the code. Commissioner Eklund-Brown inquired if their comments were excluded. Kathy Gilbert stated that they let them comment but the Planning Commission reminded them that they were the City’s Planning Commission. Commissioner Eklund- Brown inquired if they were looking at annexation at that time. Kathy Gilbert reiterated that the County Commission’s recommendation was the only voice that they felt they had to go to the City Planning Commission. Commissioner Russell noted that the City Council could disregard what the Commission stated.

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 29 Kathy Gilbert stated there was concern about traffic and safety issues. She stated when they annexed the extension at Royal Crest, Dennis Crooks made statements concerning the value of suburban residential zoning next to Agriculture Residential so it was a buffer so they did not go from one type of zoning to an extremely different type of zoning. Kathy Gilbert stated that if they zoned the property adjacent to theirs it would eliminate the possibility of having their horses because they could not have a commercial operation next to horses. Kathy Gilbert commented that they had given them copies of the letters they sent to Dennis Crooks. Commissioner Nannini understood their dilemma. He felt there should be provisions put in to protect the citizens. He suggested Randy Brown notify the City that the Commission opposed the property being zoned commercial. Kathy Gilbert noted there would be a school constructed across the Mountain City Highway and this would change the complexion of their neighborhood. Commissioner Eklund-Brown inquired when the property was purchased. Randy Brown stated this was a portion of an old subdivision which was purchased in the 1960’s. Commissioner Eklund-Brown noted when it was purchased it was open space and now they wanted to sell it as commercial. She said the Agricultural-Residential was not a good mix with Commercial zoning. Randy Brown stated multiple family was a good buffer between Commercial and Residential but with Commercial next to Residential zoning would cause traffic and safety issues. Kathy Gilbert understood the need for more residential areas. Commissioner Myers inquired if this was the same area the County, City of Elko and NDOT had discussed three months ago. Randy Brown replied it was the same area they had discussed with regards to the water line. Commissioner Myers asked that they review the Agreement. Randy Brown noted the agreement was that NDOT would redo the road and it would become a City road. Randy Brown stated under State statute if the City had boundaries on both sides of road they had the responsibility for the whole road. Commissioner Eklund-Brown commented that was the same circumstance on Sundance wherein the City owned property on both sides of the street. MOTION: Commissioner Myers moved that a strong letter of protest with all the concerns from the Planning and Zoning Department be initiated and signed by the Planning and Zoning Director and the Chairman of the Board, and be sent to the City Council and the City Planning Commission. Commissioner Myers was concerned that the City Planning Commission was telling them they were County residents. He noted even the City residents were all County residents. Commissioner Eklund-Brown noted the County residents would still be impacted by a change that was being brought before their Planning Commission.

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 30 Commissioner Ellison seconded the motion. The motion was passed unanimously. Lisa Manley, resident of Royal Crest, stated she was a horse person and was very concerned about the property values. She asked for copy of the letter that would be sent to the City Council. Randy Brown stated he would submit a copy of that letter to her. He believed the letter would state all the things they had previously talked about. Randy Brown stated he did not know about the zone change until today. He noted that affected the planning issues in the County. Robert Stokes recommended that they defer the Commissioner reports until tomorrow’s meeting.

Chairman Russell called the Town of Jackpot to order at 5:40 p.m. and adjourned the meeting at 5:45 p.m.

Kristin McQueary departed the meeting room at 5:45 p.m.

FRIENDS OF ELKO PEACE PARK: The Board considered submitting a letter of support to the Friends of Elko Peace Park for a Nevada State Land Department Question 1 Grant Application. MOTION: Commissioner Nannini moved to submit a letter of support to the Friends of Elko Peace Park for a Nevada State Land Department Question 1 Grant Application. Commissioner Myers expressed concern that this would impact the other grant applications. Commissioner Ellison noted that his concern was about the roads not being repaired but they want to put in this park. Assemblyman Carpenter stated that the criteria for trails money may not be in the same category as this. Commissioner Eklund-Brown felt that the trails project was in competition. She noted there were different areas for funding but there was nothing listed for park development. Assemblyman John Carpenter noted there was funding available for purchase of park property. Commissioner Eklund-Brown commented that NDOW would be requesting funding on a river project. Assemblyman Carpenter felt that there should be some investigation where the funding would come from and if it would be competition with the Convention Center’s trail project. He noted some funding may come from the State Parks for trails. Commissioner Myers voiced concern if they award smaller grants then they may not award the larger grants. Commissioner Nannini rescinded his motion.

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 31 MOTION: Commissioner Ellison moved to table this item. Commissioner Myers seconded the motion. The motion was passed unanimously.

ELKO SENIOR ACTIVITIES PROGRAMS’ BOARD OF DIRECTORS: The Board considered the appointment of Robert H. Smith to fill the remainder of the term left vacant by the passing of Matt Trontel. Assemblyman Carpenter recommended Robert Smith. MOTION: Commissioner Nannini moved to appoint Robert H. Smith to the Elko Senior Activities Programs’ Board of Directors. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Ellison asked that Matt Trontel be recognized on the next agenda.

SENIOR CITIZEN TAX INITIATIVE FUNDING: Robert Stokes commented that the Commissioners had previously discussed the formula and budget impacts upon the distribution of these funds to the various senior citizen centers. He stated staff had performed the research that the Commission had requested and in doing that Debbie Armuth had spoken to Lynn Boyd from the Elko Senior Citizens’ Center. Robert Stokes had been informed by Debbie that Lynn felt it was only fair and appropriate that the funding be given to the Wells Senior Center. He noted that Lynn was willing to allow that shortage to be taken out of Elko’s portion. Commissioner Myers inquired if Lynn’s board had approved that. Commissioner Ellison noted action was not taken at their last citizens’ center board meeting. MOTION: Commissioner Eklund-Brown moved to support the transfer of funds from the Elko Senior Citizens’ Center portion to the Wells Senior Citizens’ Center contingent upon the Senior Citizens’ Center Board of Directors’ approval. Commissioner Ellison seconded the motion. Commissioners Eklund-Brown, Ellison, Nannini and Russell voted aye. Commissioner Myers voted nay. The motion was passed by a majority vote.

ELKO COUNTY FISCAL AFFAIRS: Resolution No. 19-2006 The Board considered adoption of RESOLUTION No. 19-2006, entitled: A RESOLUTION TO CREATE AN INVESTMENT COMMITTEE FOR ELKO COUNTY INVESTMENTS.

ELKO COUNTY COMMISSION REGULAR SESSION SEPTEMBER 6, 2006 PAGE 32 Commissioner Russell asked this item be tabled because the committee was still working on the creation of an investment committee. Transfer of Federal Lease Land Rents and Royalties: The Board discussed approval of the transfer of unanticipated Federal Lease Land rents and royalties to the Capital Projects Fund for the proposed new office building expansion. MOTION: Commissioner Nannini moved to approve the transfer of Federal Lease Land rents and royalties to the Capital Projects Fund for the proposed new office building expansion. Commissioner Myers seconded the motion. The motion was passed unanimously.

Chairman Russell deferred the rest of the agenda items to tomorrow’s meeting due to the lateness of the hour.

ADJOURNMENT:

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

APPROVED,

WARREN RUSSELL, Chairman

ATTEST:

MARILYN TIPTON, Deputy Clerk

ELKO COUNTY COMMISSON REGULAR SESSION SEPTEMBER 6, 2006 PAGE 33

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