STATE OF NEVADA by jolinmilioncherie


									STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.                                           JUNE 8, 2006

The Board of Elko County Commissioners met on June 8, 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
                      Road Supervisor             Otis Tipton
                      Juvenile Department         Michael Pedersen
                      Library Ast. Dir.           Laura Oki
                      Cooperative Ext.            Jay Paxson
                      Planning & Zoning Dir.      Randy Brown
                      Public Works Dir.           Lynn Forsberg
                      Sheriff                     Neil Harris
                      Undersheriff                Bernie Curtis
                      Assessor                    Joe Aguirre
                      Treasurer                   Caesar Salicchi
      The proceedings were as follows:

    Chairman Russell called the meeting to order at 1:30 p.m.

      Commissioner Eklund-Brown led the meeting participants in the Pledge of

     Chairman Russell recognized past Commissioner, Roberta Skelton, and
Eureka County Commissioner, Ken Benson.

                                                           ELKO COUNTY COMMISSION
                                                                  REGULAR SESSION
                                                                       JUNE 8, 2006
                                                                            PAGE   1
      Paul Flanagan, Jarbidge District Forest Ranger, reported that a prescribed
fire was planned for Canyon Creek in the middle of next week depending upon
fuel conditions, the weather forecast and the availability of their fire crews. He
submitted prescribed burn flyers to Roberta Skelton to be posted around Jarbidge.
Commissioner Eklund-Brown noted open burning was prohibited from this point
forward on the Forest until rescinded and inquired if the Commissioners would
impose the burn barrels restrictions. Robert Stokes stated that would be on the
next meeting agenda. Commissioner Russell noted that there was one route out
of Jarbidge at this time and inquired if that burn could restrict the other access if a
fire moved out of control. Paul Flanagan replied no.

      Commissioner Russell introduced Norman Frey, President of NACO, who
introduced Susan, his wife. He thanked Elko County for their membership with
NACO. He noted John Ellison would be president of NACO next year. Norman
Frey reported that the new Executive Director was Bob Hatfield. He explained the
National Association of Counties’ Prescription Drug Program. He stated Churchill
County had passed this program because it gave a pharmacy discount on
prescription drugs not covered by your insurance company. He noted there was
gap between their coverage and catastrophic coverage. He noted anyone in the
County would qualify for this card.
      Norman Frey discussed issues being considered by NACO on behalf of
Nevada’s seventeen Counties for the upcoming 2007 Legislative Session. He
noted the initiative petition regarding unfunded mandates had been withdrawn with
the option of working with the legislative leadership to resolve that issue. Norman
Frey noted that there were other people taking up those unfunded mandates
issues. He stated the Heart & Lung issue was being worked on by former
Assemblyman/State Treasurer Bob Seal. He reported that the banking industry
and the title industry were working on the Social Security action along with the
County Fiscal Officers’ Association. Norman Frey stated the Tax and Spend
Control initiative introduced by Bob Beers would be on the ballot and it had
national backing. He stated the Angle initiative patterned after Proposition 13 had
trouble gathering signatures. Norman Frey stated the Property Bill of Rights could
have major effects on a County’s ability to do road work. He stated that if they
closed one entrance out of five entrances to a Wal-Mart they would have to
compensate Wal-Mart for a “takings”. He noted Kelo v. City of New London
affected everyone. Norman Frey stated the Nevada Association of Counties
would not take a position on any of these ballot initiatives until they were placed
on the ballot. He stated with regards to federal issues they were working on
JUNE 8, 2006
PAGE   2
CDBG funding for public projects. Norman Frey noted they also relied upon the
burn grants, the justice assistance grants, and the drug task force grants. He
stated at Washington. DC they had received promises from the State legislative
representatives for support of those grants. Norman Frey informed them that the
counties would now receive geothermal royalty monies. He noted in the past
those royalties were paid by the BLM to the State and put into the school fund
instead of going to the County where the energy was developed. He noted BLM
gave up half of their royalties to go to the Counties. He noted that Congressman
Gibbons wrote it into the energy bill and it was passed. Norman Frey commented
that the PILT was funded at a higher level. He stated they had sent a “Thank You”
letter to Senator Reid for his participation on that increase. Norman Frey stated
NACO was working on the franchise fee issue because it was a revenue source.
He reported that they did have a very productive meeting with Barbara Buckley in
Las Vegas and had discussed road issues. Norman Frey noted they had
discussed the excess tax dollars since the tax legislation passed two sessions
ago. He stated there were a lot of programs which need to be worked on within
the State. NACO would like to see them use the tax dollars on some of the
problems with the judicial retirement, on the roads, etc. Norman Frey stated
Barbara Buckley was open to work with them on Social Security action. He
reported that presently only the District Attorney’s Office could request an Attorney
General’s Opinion and they would work to get that changed. He explained in
smaller counties, the District Attorney may not have a good relationship with the
other officials. Norman Frey stated NACO felt the Court fees should be increased.
He noted that three sessions ago they hoped to get an elected official’s salary bill.
Norman Frey noted that the judges went their own way before the legislature, and
their salary bill was passed but the other elected officials went without an
increase. Norman Frey stated his goal was to get all the elected officials’ salaries
raised in a smooth transition rather than reviewing them every six years. He
stated if they do not pay their elected officials a sufficient wage then there would
be no succession planning available. He stated that Possessory Use Tax was
another issue where private business was doing business on public facilities. He
noted those businesses were making money off of those public lands. He
explained Dillon’s Rule was an 1868 Supreme Court ruling that said the County
was a creature of the State Legislature and that a County could only do those
things that they have permission to do from the legislature. The counties did not
have control over their budgets if the legislature stated they did not have control
over a certain item. He stated that prohibited their ability to work. Norman Frey
stated they would try once again to pass legislation which would give more leeway
to the counties. Norman Frey asked that the County notify NACO if there were
any suggestions for BDRs they would like to see supported by NACO.
                                                               ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                           JUNE 8, 2006
                                                                                PAGE   3
       Commissioner Myers commented upon the Unfunded Mandate bill draft not
being lobbied by NACO. Norman Frey stated in January he began with the
Unfunded Mandate Petition in place and encouraged funding for that last spring.
However, he was advised by the Executive Director that they did not need to do
that but they were unable to buy the signatures in the Las Vegas areas due to lack
of funding. He felt that if the communications had been handled differently with
the legislative leaders they may have been in a different position today. He noted
the entity collecting those signatures had to raise the rates and that irritated the
legislative leadership. Norman Frey stated they offered to work with them if they
withdrew that BDR. He stated they still have the mandate from the people on the
advisory opinion that ran two years ago to pursue. He suggested that if they
pursue that they should get the money gathered for the signatures and advertise
early. He believed they needed 125,000 signatures to make sure they have the
80,000 verified signatures for the Secretary of State. Commissioner Myers
inquired if Barbara Buckely had ever been a County Commissioner and received a
negative response. Norman Frey noted that Myrna Williams from Clark County
had a good insight into what it was to be a County Commissioner. Norman Frey
noted that Ms. Williams supported the repeal of Dillon’s Rule to give more
authority to the County Commissions to run their own affairs. Norman Frey
believed they should also push the Montana Methamphetamine Program. He
wanted to rebuild NACO and have it strong by the legislative session when John
Ellison took charge.
       Commissioner Myers inquired if NDOT had discussed road abandonment
with them. Norman Frey noted they had offered them roads but some of them
were major arterials for truck traffic. He commented that NDOT was also trying to
give them roads with bridges which were another issue. Commissioner Myers felt
that with the surplus the taxpayers should get their money back but his second
choice was to apply it toward State roads instead of abandoning them. He felt
they should also look at statewide communication issues and interoperability.
       Commissioner Eklund-Brown noted she had participated on a
teleconference on the RS 2477 bill going to Congress. She inquired if NACO had
taken a stance on that bill. Norman Frey stated he did not know of any program
on that and asked her to forward that information to him. Commissioner Russell
noted that NACO was comprised of rural communities and also major urban areas
which had other major interests. Norman Frey noted the Western Interstate
Region for the National Association of Counties was a good entity to address that.
He stated Commissioner Mancebo from Pershing County was their representative
on the Western Interstate Region. He noted John Milton of Humboldt County had
also worked on those issues. Norman Frey asked for more information from
Commissioner Eklund-Brown.
JUNE 8, 2006
PAGE   4
       Commissioner Eklund-Brown expressed her disappointment that Nevada
had more public lands than any other State yet they had taken a back seat to the
other states on this issue. She felt the Governor and the legislature should have
become more involved. Norman Frey noted Churchill County had been at the
State average of 87% federally managed lands and they were now at 90%
because the federal government had bought up their farms. He noted their farms
were being dried up because they were using the water for wetlands. The farms
were becoming dustbowls with noxious weeds. Norman Frey stated then the land
was reduced to PILT funds rather than receiving assessed taxes for services. He
commented that law enforcement issues had also increased.
       Commissioner Ellison commended Norman Frey for being a wonderful
Chairman. He reported that they had discussed BDRs and the PILT and heavily
lobbied those issues in Washington. He stated the Petition for Term Limits’ Law
would come back again. Commissioner Ellison inquired if NACO wanted the
counties to bring their BDR forward to NACO for review. Norman Frey stated that
NACO could introduce 20 BDRs but usually addressed only 10 to support. He
stated NACO worked with numerous organizations and associations such as the
Farm Bureau, the Cattlemen’s Association, and the Mining Association if they had
BDRs that were good for counties’ government. He commented that a lot of those
entities were an associate member of NACO.
       Commissioner Nannini thanked Norman Frey for his efforts. Norman Frey
noted they had the five-man Commission on their ballot for Churchill County. He
stated several years ago they attempted to put the Commissioners on the NACO
monthly e-brief list. He stated it was his intention to get those back on line. He
felt that it was important to get that information from Carson City to each County.
       Norman Frey stated the annual National Association of Counties’ conference
would be held in Cook County, Chicago on Aug 4–8th and registration was at The Nevada Association of Counties’ conference was in Clark
County on November 14-16th and registration was available on their website.
Commissioner Russell would attend the National Conference in Chicago.
Commissioner Ellison felt that their meeting in Clark County was very productive.
Norman Frey stated on Tuesday they had met with Tom Collins and Yvonne
Atkinson-Gates and Jim Spollina in Las Vegas.

     Highway Chairman Myers called the Board of Elko County Highway
Commissioners to order at 2:12 p.m. and adjourned the Highway Board at
3:12 p.m.

     Chairman Russell called a recess of the regular meeting at 3:13 P.M.
and reconvened the meeting at 3:29 P.M.
                                                              ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                          JUNE 8, 2006
                                                                               PAGE   5
           Commissioner Ellison departed from the meeting at 3:13 p.m.

       Mike Pederson reviewed the Juvenile Detention and Juvenile Probation
Monthly Report. He stated the report now included the money collected and
money received from grants together with donations received from private parties
or government entities. He included an overview of the funding over the last four
years. Commissioner Eklund-Brown commented that their report also gave details
with regards to juvenile use of methamphetamines. Mike Pederson acknowledged
that they were following the national trend and they would keep those statistics on
that report.
       Commissioner Eklund-Brown clarified that her comments yesterday sounded
like China Springs was under new Administration. However, it was the Division of
Family Services that had new administration which came from the local levels so
they had a better idea of what the counties were going through. Mike Pederson
commented that the past Juvenile Probation Chief from Humboldt County was
now the Administrator over the Division of Family Services so they were willing to
look at using State facilities to help counties in rural areas. He stated they were
willing to talk to the Chiefs and Directors in the seventeen counties. He noted the
question was asked that if NYTC had 30 beds why weren’t they helping other
counties with those beds rather than trying to build more facilities.
       Jay Paxson, of the UNR Agricultural Extension Service, inquired about an
appropriate time to schedule Dr. Bradford Lee’s presentation about avian
influenza and West Nile.          Commissioner Russell suggested having that
presentation on August 2, 2006.
       Commissioner Eklund-Brown commented that she had noticed more
mosquitoes this year. Commissioner Myers inquired what they could do about the
mosquitoes when the water was running. Jay Paxson informed them how they
could protect themselves, and explained how a mosquito dunk could be put in the
standing water ponds to kill the larvae. Jay Paxson stated Washoe County would
be doing monitoring in Elko within the next week for the mosquitoes.
       Commissioner Eklund-Brown inquired about the Mormon Crickets. Jay
Paxson reported that they were doing a lot of spraying and baiting. He stated the
crickets were in the Lovelock area. He stated they had been mapping the cricket
movement. Robert Stokes stated the crickets were also in the Owyhee/Mountain
City area and toward Wildhorse. He stated there was a lot of activity in the Eureka

JUNE 8, 2006
PAGE   6
       Robert Stokes stated there was no report on incidents coming before the
       Operational Report:
       Sheriff Harris submitted the written operational report, and reviewed the
statistical information. He stated there were 100 in custody today but there was
117 in custody last week.
       Radio communications:
       Sheriff Harris stated lightning impacted some equipment on Penn Hill and
they had to have a helicopter go up with a repair crew. If it was determined that
State equipment was damaged then the State would be billed for half of the
helicopter costs.      Commissioner Nannini inquired if they had power to
Pennsylvania Hill. Sheriff Harris replied the archeological review had not been
completed. Commissioner Eklund-Brown noted that they had received a report
last year which listed work that had to be done. She inquired if any of those
improvements had been made. Sheriff Harris noted that those recommendations
were sent on to the State. He explained the County only rented the rack; the
State maintained the buildings and had promised that there would be upgrades.
Sheriff Harris had made a presentation to the Steering Committee on Tuesday in
Carson City concerning the six northern counties’ group. He stated they had met
and hoped to join with the western group which would be 11 counties of the 17
counties. He stated that organized group would attempt inter-operability and
would go after some of the Homeland Security money to put a switch into place.
Commissioner Eklund-Brown inquired about the grant funding that NDF had
applied for. Sheriff Harris knew an application had been submitted but they had
not heard back upon their grant application. Sheriff Harris stated the funding
would help each County upgrade their equipment to become operable.
       Commissioner Myers commented that there was a State surplus and the
Governor had sent e-mail to State Departments asking what they would do if they
could receive some of that funding. He had asked that to be put on the agenda so
they would have the ability to write a letter to the Governor stating they thought he
should address the intercommunication problem throughout the state.
Commissioner Myers asked that Sheriff Harris submit his comments to Robert
Stokes to be included in the letter to the Governor.
       Commissioner Myers noted he was seeing a lot more graffiti in the area.
Sheriff Harris commented that there was more juvenile activity whether it was
graffiti, theft, or destruction of private property. He stated the Executive
Committee over the Juvenile Task Force allowed a change of hours to address

                                                               ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                           JUNE 8, 2006
                                                                                PAGE   7
some of these problems. Sheriff Harris noted the law enforcement was taking a
harder stance on juveniles with regards to violations.
      Commissioner Nannini stated Wells Rural Electric was working on an
inventory and cost for the upgrade of the Elko County system but that would not
address Pennsylvania Hill. He noted Wells Rural Electric had sites at most of the
County’s present locations and they may move into their facilities. Commissioner
Nannini stated Wells Rural Electric would do the maintenance on those sites.
Sheriff Harris commented that Wells Rural Electric was using the same radios,
same frequency, and had a technician skilled to work on that equipment. He
noted that NHP maintained the County’s equipment in the past. Sheriff Harris
stated Wells Rural Electric was putting in a digital microwave system.
Commissioner Eklund-Brown commented that the Forest Service was trying to get
the project underway on Penn Hill.
      Personnel Coverage Issues:
      Sheriff Harris discussed coverage impacts with regards to an employee that
was on long term medical leave due to an automobile accident and an employee
that had received orders for military deployment to Iraq for the period of a year.
He stated last time that employee went to Iraq the County paid for a temporary
replacement. Sheriff Harris asked to fill those positions which were awarded to
begin on the 1st of July. He reported that Phil Ratliff had been involved in an
accident; a female staff member who had a major heart problem; and a Deputy
had injured his knee. Sheriff Harris requested authorization for a temporary
position for Mike Silva’s position as soon as possible.
      MOTION: Commissioner Nannini moved to fill Mike Silva’s position
                  and hire someone on a temporary basis in a civilian position
                  for the control room. Commissioner Myers seconded the
                  motion.       The motion was passed by majority vote.
                  Commissioner Ellison was absent during the vote.
      Fire Science Academy Law Enforcement Agreement Renewal:
      Sheriff Harris discussed the renewal of the Interlocal Agreement with the
Fire Science Academy for law enforcement services.
      MOTION: Commissioner Nannini moved to renew the Interlocal
                  Agreement with the Fire Science Academy for law
                  enforcement services. Commissioner Myers seconded the
                  motion.       The motion was passed by majority vote.
                  Commissioner Ellison was absent during the vote.
      Sheriff Harris commented upon the Mormon Crickets on the highway
between Elko and Wildhorse. Commissioner Myers commented that there were
more on the road between Eureka and Carlin. Sheriff Harris stated there were
also some on the summit outside of Wendover.
JUNE 8, 2006
PAGE   8
      Mountain City Ranger District:
      The Board considered submitting comments regarding the Riparian
Meadow Habitat Improvement Project that would reduce soil erosion in order to
provide protection to two known populations of meadow pussytoes, a sensitive
plant species located north of the Wildhorse Reservoir. Comment period ends
June 15, 2006. Robert Stokes noted that less than ½ acre for the two different
locations would be impacted for protection of sensitive plant species and he
recommended approval of the letter of support.
      MOTION: Commissioner Myers moved to submit a letter of support for
                 the Riparian Meadow Habitat Improvement Project.
                 Commissioner Nannini seconded the motion. The motion
                 was passed by majority vote. Commissioner Ellison was
                 absent during the vote.

      Ruby Mountains/Jarbidge Ranger Districts:
      South Ruby Fuels Reduction Project:
      The Board considered submitting comments regarding the proposal to treat
4,420 acres of Pinyon and Juniper with prescribed fire and 65 acres within the
4,420 acres with mechanical means on the southern end of the Ruby Mountains
just south of the Elko County line in White Pine County. Comment period ends
June 15, 2006. Robert Stokes stated he had drafted a letter of comment in
support of this project.
      MOTION: Commissioner Myers moved to submit a letter of support on
                  the proposal to treat 4,420 acres of Pinyon and Juniper with
                  prescribed fire and 65 acres within the 4,420 acres with
                  mechanical means on the southern end of the Ruby
                  Mountains just south of the Elko County line in White Pine
                  County. Commissioner Nannini seconded the motion.
      Commissioner Russell inquired when the prescribed burn would take place.
Paul Flanagan replied early October.
                  The motion was passed by majority vote. Commissioner
                  Ellison was absent during the vote.

      Jarbidge Cemetery:
      The Board considered submitting a comment letter regarding the proposal
that would allow Elko County to acquire more land associated with the Jarbidge
Cemetery. Comment period ends June 15, 2006. Paul Flanagan noted the
original request was for an easement for additional parking. However, bodies
were buried outside the perimeter of the actual cemetery which was determined
                                                          ELKO COUNTY COMMISSION
                                                                 REGULAR SESSION
                                                                      JUNE 8, 2006
                                                                           PAGE   9
through a Smithsonian study. Paul Flanagan stated they coordinated with Randy
Brown and drew up a 60 foot buffer around the current cemetery to encompass all
the bodies, accommodate future expansion, and parking. Commissioner Eklund-
Brown commented that they had originally applied for an easement but pursuant
to the Forest Service discovering the bodies the County would have to pay fair
market value. She believed the amount would be a very minimal amount.
Commissioner Eklund-Brown noted the Forest Service had received a letter of
protest from the Duck Valley Tribe. She had discussed this with personnel from
that tribe at a weed control meeting. She asked if they had any information on
who was buried there and asked if any of their tribal members were buried there.
Paul Flanagan stated the Smithsonian’s best guess was the bodies buried outside
the cemetery’s original perimeter were prostitutes and/or Chinese laborers
associated with mining in the area.
       MOTION: Commissioner Nannini moved to submit a letter of support
                  regarding the proposal that would allow Elko County to
                  acquire more land associated with the Jarbidge Cemetery.
        Commissioner Nannini thanked Paul Flanagan for all of his extra efforts.
                  Commissioner Eklund-Brown seconded the motion. The
                  motion was passed by majority vote. Commissioner Ellison
                  was absent during the vote.

      BLM Elko and Ely Field Offices:
      2006 Buck and Bald Complex Wild Horse Gathers:
      The Board considered submitting comments regarding the reduction of
excess wild horses during the summer of 2006. Comment period ends June 15,
2006. Paul Flanagan stated they had cooperated with the BLM on this project.
Robert Stokes noted this was the continuation of their work started last year. He
stated the number of wild horses was above the management level for that level
and he had prepared a letter of support for these gathers.
      MOTION: Commissioner Eklund-Brown moved to approve the 2006
                Buck and Bald Complex wild horse gathers to return the
                area to the herd management levels as prescribed by the
                BLM. Commissioner Nannini seconded the motion. The
                motion was passed by majority vote. Commissioner Ellison
                was absent during the vote.

        Idaho BLM Jarbidge Field Office:
        Jarbidge Resource Management Plan (RMP):
        The Board considered submitting comments regarding the revision of the
JUNE 8, 2006
PAGE   10
Jarbidge RMP which included portions of northern Elko County. Comment period
ends June 15, 2006.
       Commissioner Eklund-Brown requested this be put on the agenda because
it extended into Elko County and they were not notified of this RMP. She noted
that the BLM Idaho Field Office had not notified them. She felt that Elko County
should be given more notification and involvement in this process. Commissioner
Russell asked the Manager to send a letter asking for involvement within the
process. Commissioner Eklund-Brown noted this area was in conflict with
Western Watersheds Project and there were problems in that area. She felt they
should learn the issues. Commissioner Russell asked that the letter be reviewed
by Commissioner Eklund-Brown before it was submitted to him for his signature.
Commissioner Eklund-Brown suggested that meetings should be held in Jarbidge
or Jackpot because a portion of this area was in Nevada. Commissioner Myers
voiced concern that would have an impact on Northern Nevada.
       Jack Creechley stated there was an open house held in Three Creek and
they had a display about what the BLM would do. He believed the ranchers knew
what the BLM were planning on doing. Commissioner Eklund-Brown noted the
elected officials were responsible for future plans but they were not involved. Jack
Creechley commented that there was no speaker at the display. Robert Stokes
inquired if most ranchers knew about that display. Jack Creechley stated there
was no speaker and felt it was just an open house. He felt it was held mostly for
the ranchers in that area.
       Commissioner Nannini stated they formed a committee at their request. He
had met with Lynn Forsberg, Cash Minor and Tim Brown from Elko Sanitation to
discuss issues related to solid waste disposal in various locations around the
County but there was no resolution. Commissioner Nannini noted that Elko
Sanitation would discontinue service in some areas if there was no subsidy or if
there was a change in participation levels. He commented that Tim Brown did not
show up at the last meeting scheduled. Commissioner Nannini stated the
committee felt they would have to address this issue as a County. The Salt Lake
Basin area was covered but there was an issue at the site in Pilot Valley. He
believed they had received a CDBG grant to improve that Pilot Valley dumpster
site. Commissioner Nannini noted the Jackpot and Jarbidge areas were served
by a company coming out of Idaho but Mr. Brown had asked that they rebid that
contract. Commissioner Nannini noted the County had a three year contract and if
they discontinued that contract, the cost would increase because of the cost of
fuel. Therefore, the committee felt they should continue with that contract for the
next two years. Commissioner Nannini stated in Shanty Town and in Ruby Valley
there were problems with participation because most of the residents were not
                                                               ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                           JUNE 8, 2006
                                                                               PAGE   11
year around residents. He stated there would be no service from Elko Sanitation
so their backup plan was to do a tipster dumpster off of a goose neck trailer. He
stated this could be manned by a pickup truck. A resident or a County employee
could pick that tipster up once very two weeks and dump it at the landfill. He
cautioned there would be expense associated with that option and the residents
would have to pay for that expense. Commissioner Nannini stated the other
option was to put that out to bid. He commented that Tim Brown had suggested
that it go to bid and would like to see the Board franchise the whole County.
Commissioner Nannini felt the franchise might meet with resistance from the
Spring Creek area. He stated the County could provide dumpsters in Mountain
City, Wildhorse and Tuscarora. Commissioner Nannini commented that the Midas
area had two companies offering service. He stated they may consider going out
to bid. However, they might have an Idaho Company receive the bid then the City
of Elko would not receive tipping fees if the waste was hauled back to Idaho.
Commissioner Russell noted that in the past Tim Brown had stopped service to a
rural area before the contract was up and questioned whether Elko Sanitation was
being selective of their service sites. Lynn Forsberg had discussed these issues
with Southern Idaho Waste and other contractors in this area. He commented that
a trucking company could assume this service and use their end dumps. He had
also talked to the Shoshone-Paiute Tribe in Owyhee about providing service in the
Mountain City area because they transport from Owyhee down to Elko now. He
believed July 1 was the cut off date for service from Elko Sanitation. Lynn
Forsberg had talked to Caesar Salicchi about billing for those services but it would
require them to establish improvement districts. Commissioner Russell inquired if
Tim Brown was defaulting on the contract. Kristin McQueary was not sure there
was a contract with the County for service in that area. She believed the citizens
had the option for that service but there was no contract with the County. Kristin
McQueary reported that there was discontinued service during the winter months
in the Ruby Valley area. Commissioner Eklund-Brown inquired if they had a
contract were the residents were required to do full time or could they be
seasonal. Lynn Forsberg stated it was required for them to pay for service year
around and that service rate was tied to the water and sewer systems. Kristin
McQueary stated Cash Minor had asked her to look into the issue of placing solid
waste collection fees on tax rolls. She reported that there was an Attorney
General’s opinion that stated the County had the ability to act like a General
Improvement District. Kristin McQueary noted there was a pilot program in
Jarbidge but did not know if the County’s system met State approval. She asked if
the Board was going to contract the service out, franchise it out, or have the
County do the collections.

JUNE 8, 2006
PAGE   12
       Commissioner Eklund-Brown inquired if the County was required to re-bid
those contracts if it was just renewed for three years and received a negative
reply. Kristin McQueary cautioned the Board that if they contract that service out
they must not obligate future boards without providing for opting out.
Commissioner Eklund-Brown inquired how the County would recover their costs if
the County put out dumpsters. Lynn Forsberg stated they would have to set up an
improvement district to bill those areas. Kristin McQueary stated that the areas
that get service from Idaho or were on a water system and fees were not collected
on the tax roll. She stated if they collect through the tax roll, then they would have
to create a district. Kristin McQueary commented that if the Board signed them up
as a franchise then there was no backup of a lien on the property to collect that.
Kristin McQueary noted in a lot of the areas they were talking about there was no
community water system. Commissioner Eklund-Brown requested clarification
that the County was subsidizing the Pilot Valley area. Lynn Forsberg noted that
collection for Pilot Valley was very good at 65% for that level of service. He
commented upon the substandard access to the bins at Pilot Valley and Midas.
He reported that the CDB&G grant was sufficient funding for improvements for
only two dumpster sites. Kristin McQueary stated there was no impediment of
whether they did one district for the whole County or broke it out to smaller
districts for different areas.
       Commissioner Myers objected to a countywide franchise. He agreed with
Tim Brown that he did not want to see money going out of Nevada. However, he
felt Tim Brown was selective of who he wanted to serve. Commissioner Myers did
not want to see the County in the garbage business. He noted they were
subsidizing only a selective few of the County residents. He inquired about time
frames to institute these districts. Commissioner Nannini suggested breaking the
County into districts and they may wish to go with roll off bins. Lynn Forsberg had
discussions with Southern Idaho Waste who had reviewed the equipment he
proposed to use. Lynn Forsberg noted that on an interim basis they could
continue to do service in those areas. He stated Mr. Shultz of Southern Idaho
Solid Waste would prefer not to change the contracts already in place but could do
new contracts for the separate areas. Lynn Forsberg stated SISW was not
interested in servicing the Midas area. He stated SISW could service Wells and
down to Shanty Town. Commissioner Russell suggested that the Commissioner
Nannini and the committee come up with a temporary solution by mid-month.
Commissioner Myers inquired about a time frame for the creation of districts.
Kristin McQueary replied under Chapter 244 they had several options such as
acting like a General Improvement District wherein they have to hold public
hearings. She commented that the County did have sanitation districts already
established under County Code during the time Charles Voos was here. She
                                                                ELKO COUNTY COMMISSION
                                                                       REGULAR SESSION
                                                                            JUNE 8, 2006
                                                                                PAGE   13
reviewed the procedure of establishing districts. Kristin McQueary commented the
¼ cent option was still a valid option. Commissioner Myers did not believe they
had time between now and July 1st to put those districts in place or take bids.
Caesar Salicchi commented that the tax rolls for FY 2007 would be going out on
July 7, 2006 so they would have a year to work something out on the tax roll.
Commissioner Myers clarified that if they declared mandatory pickup they could
not get reimbursement from this tax year because of their requirement of public
hearings.     Kristin McQueary commented that if they acted as a general
improvement district the tax cap areas would have to be addressed specifically for
the incorporated cities.
       Commissioner Myers requested Commissioner Nannini to come back with
recommendations and asked that Kristin McQueary participate with this
subcommittee. Commissioner Nannini felt the only choice was to subsidize Elko
Sanitation until they got this on board. Commissioner Eklund-Brown inquired if
they declared mandatory service would that have to be imposed countywide.
Lynn Forsberg replied no because the districts were set up. Robert Stokes stated
they would research that question.
       Commissioner Nannini reported that the City of Wells did not receive the
NDOT grant for the Bishop Creek Dam Project. Commissioner Eklund-Brown
inquired if they could apply for a Parks grants. Commissioner Nannini felt NDOT
had the funding available but would meet with Commissioner Myers to discuss
applications. He explained the State had eight million dollars available for the
dam but the County needed to find a match for that State funding.
       Community Health Nurse Program:
       The Board considered the approval of the renewal of the Interlocal Contract
for the Community Health Nurse Program in Elko County.
       Robert Stokes stated there was an agreement with the State for the
Community Health Nurse Program. He noted a lot of the medical services were
being done at the Nevada Health Centers. However, in order to keep a State
Public Health Nurse the County had a contract to provide office space. Staff
recommended approval and Kristin McQueary was to complete a review.
       MOTION: Commissioner Myers moved to approve the renewal of the
                   Interlocal Contract for the Community Health Nurse
                   Program in Elko County subject to Kristin’s review.
                   Commissioner Nannini seconded the motion. The motion
                   was passed by majority vote. Commissioner Ellison was
                   absent during the vote.

JUNE 8, 2006
PAGE   14
       June 7 & 8, 2006 – 1:30 p.m. – Elko – Courthouse
       June 21, 2006 – 9:00 a.m. – Elko – Courthouse
       July 6, 2006 -- 10:00 a.m. – Elko Courthouse – No Meeting July 5, 2006
       July 19, 2006 -- 7:00 a.m. – Mountain City, Tuscarora and Midas
       Robert Stokes reminded them mid month was in Elko. He stated on July 6
the RTC meeting would be held at 9:00 a.m. and the Commission meeting was
scheduled for 10:00 a.m. He noted the meeting on the 19th of July they would be
traveling and they may meet at the Midas Fire Station. Robert Stokes noted they
had scheduled a special meeting yesterday for July 20th at 1:30 p.m. to deal with
railport plan. Robert Stokes reminded them of the groundbreaking ceremony on
the 23rd of June for the railport.
       MOTION: Commissioner Eklund-Brown moved to approve the
                   Commission Meeting Calendar for June and July meetings.
                   Commissioner Myers seconded the motion. The motion
                   was passed by majority vote. Commissioner Ellison was
                   absent during the vote.

    The Board did not discuss the correspondence and notices received by the
    Approval of Preceding Minutes:
    April 5, 2006:   1.   Board of County Commissioners
                     2.   Board of County Highway Commissioners
                     3.   Jackpot Town Board
                     4.   Liquor Board
    April 6, 2006:   1.   Board of County Commissioners
    April 19, 2006: 1.    Board of County Commissioners
                     2.   Board of County Highway Commissioners
    Claims for Approval:
    Presentation and review of claims for approval.
    Travel Requests:
    Review and approval of travel requests that may be pending.
    MOTION: Commissioner Eklund-Brown moved to approve the
                Consent Agenda with corrections submitted to the minutes.
                Commissioner Myers seconded the motion. The motion
                was passed by majority vote. Commissioner Ellison was
                absent during the vote.

                                                            ELKO COUNTY COMMISSION
                                                                   REGULAR SESSION
                                                                        JUNE 8, 2006
                                                                            PAGE   15
       Commissioner Myers asked that Commissioners Eklund-Brown and Nannini
request the Forest Service with participation with the County to hold a town
meeting in Jarbidge in the near future to explain what was going on with the
Forest Service road construction up to the Idaho border. He commented that the
Jarbidge residents had voiced concern that they were unaware of the construction
and voiced concern that the Forest Service would narrow the road in some places.
Commissioner Myers asked that the Forest Service hold a meeting in Jarbidge.
Robert Stokes believed the Jarbidge residents had talked to Paul Flanagan today.
Commissioner Nannini noted that they did not have a figure but they had received
a grant for the bridge monies.
       Commissioner Russell commented that Commissioner Eklund-Brown had
introduced herself to her opponent in the upcoming election.
       Robert Stokes stated he had attended the MAC meeting and was informed
that 70% of the fires were contained. He stated there was no MAC meeting
tonight. Commissioner Eklund-Brown requested notification of the meetings.
Robert Stokes stated the first MAC meeting was called at 6:45 a.m. yesterday but
they held it at 8:00 a.m.
       Kristin McQueary stated with regards to the Jarbidge Fire Station there had
to be a deed of correction due to a street vacation which occurred several years
ago. She noted that the Creechleys had approved that correction and she would
have them sign the deed. Kristin McQueary reviewed the purchase of the fire
station property wherein the County bought the parcel for cash and exchanged
another parcel to complete the purchase. She noted the County had retained the
first right of refusal on that property exchanged. Kristin McQueary noted the
County never exercised the first right of refusal and did not believe there was
anything formal on that right of refusal. She stated their right of refusal had
expired about a year ago.
       MOTION: Commissioner Myers moved to adjourn the meeting.
                   Commissioner Nannini seconded the motion. The motion
                   was passed by majority vote. Commissioner Ellison was
                   absent during the vote.
       There being no further business to come before the Board, the meeting was
                                            WARREN RUSSELL, Chairman

    MARILYN TIPTON, Deputy Clerk
JUNE 8, 2006
PAGE   16

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