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									                Elko County Board of Commissioners
                                                                       Commissioners
                                                                  Sheri Eklund-Brown
                                                                          John Ellison
                                                                         Charlie Myers
                                                                         Mike Nannini
                                                                        Warren Russell
                                                                 Elko County Manager
                                                                     Robert K. Stokes
STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.                                DECEMBER 12, 2007

The Board of Elko County Commissioners met on Wednesday, December 12,
2007, at 11:00 a.m., in Room 105 of the Elko County Courthouse at 571 Idaho
Street, Elko, Nevada.
There were present: County Commissioners            John Ellison, Chair
                                                    Mike Nannini
                                                    Charlie Myers
                                                    Sheri Eklund-Brown
                                                    Warren Russell
                       Elko Co. Manager             Robert Stokes
                       Deputy Comptroller           Debbie Armuth
                       Deputy District Attorney     Kristin McQueary
                       Deputy County Clerk          Marilyn Tipton
                       Library Director             Jeanette Hammons
                       Public Works Director        Lynn Forsberg
                       Juvenile Probation Dept.     Michael Pedersen
                       District Attorney            Gary Woodbury
                       DA Administrator             Liz Watson
                       Planning & Zoning Dept.      Randy Brown
                       Sheriff                      Dale Lotspeich
                       Road Supervisor              Otis Tipton
---
      The proceedings were as follows:
CALL TO ORDER:
      Chairman Ellison called the meeting to order at 11:00 a.m.

PLEDGE OF ALLEGIANCE:
      Commissioner Eklund-Brown led the meeting participants in the Pledge of
Allegiance.
                                                         ELKO COUNTY COMMISSION
                                                                 REGULAR SESSION
                                                                DECEMBER 12, 2007
                                                                            PAGE    1
I.     COMMENTS BY THE GENERAL PUBLIC:
       No comments from the general public.

II.    ELKO COUNTY “2007 YEAR IN REVIEW”:
       Review of Elko County issues and events that occurred during the 2007
Calendar Year and projects facing Elko County in 2008.
       A slide show was presented of the accomplishments, projects completed,
changes and updates occurring in 2007. The projects underway were reviewed
together with certificates of appreciation given to individuals, organizations, and
retirees. Commissioner Ellison thanked the Board members for their support
while he was Chairman of the Board and President of NACO.
       Chairman Ellison presented Santa hats to the County Manager,
Commissioners, and staff.
       Commissioner Eklund-Brown voiced her appreciation to Chairman Ellison for
his time and efforts in his representation of the County throughout the nation.
Commissioner Ellison reviewed his travel to the various national meetings, as the
county representative, and through his presidency of NACO. Commissioner
Nannini asked who would be the next NACO president. Commissioner Ellison
replied Jim Baushke, a Douglas County Commissioner, but Elko County would still
hold seats on several national boards. Commissioner Myers voiced appreciation
to Commissioner Nannini and staff for their efforts while Commissioner Ellison was
absent. Commissioner Ellison commented upon Senator Reid’s support of Elko
County.

III. ELKO COUNTY LIBRARY BOARD OF TRUSTEES/LAW LIBRARY
BOARD OF TRUSTEES:
       Report and review of the Board of Trustees’ activities and minutes including
issues related to the continuing operation of the County Library.
       Jeanette Hammons, Library Director, reported upon the Sugar Plum Tree
and their receipt of applications through Thursday. She stated the Family
Gingerbread House Contest was in progress and the Children’s Xmas Party would
be held on Friday, December 21, 2007 at 3:00 p.m.
       Commissioner Eklund-Brown noted had Jeanette Hammons and Laura Oki
had been on the radio program with her. She complimented the Library on the
activities they plan for everyone in the community.

IV.  SIGNAL LIGHT MAINTENANCE ISSUE:
     Discussion and consideration of approval of a Public Works / Utility
Technician position in the Public Works Department including a budget adjustment
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   2
in the form of Resolution No. 26-2007, entitled: A RESOLUTION PROVIDING
FOR THE TRANSFER OF APPROPRIATIONS BETWEEN FUNCTIONS OF THE
ELKO COUNTY GENERAL FUND PURSUANT TO N.R.S. 354.616 and all other
matters related thereto.
      A position was approved by the County Commission for signal light
maintenance as part of the FY 2007-2008 Budget in the Buildings and Grounds
Department. This proposal was to move this position to the Public Works
Department with the appropriate adjustment to the budget of both departments.
This request did not require an increased budget or contingency authorization.
      Robert Stokes noted a signal light technician position was approved during
the budget process and it was intended to be an electrician/signal technician
position. He stated there had been meetings with Commissioner Myers, Lynn
Forsberg of Public Works, Robert Stokes, Cash Minor, and Dave Armuth and it
was determined that this position should be transferred to the Public Works
Department. He stated this would become a Public Utilities Worker and the
transfer would allow for some supplies to be purchased. Commissioner Myers
commented that Lynn Forsberg or Dale Johnson had serviced the light but they
needed to certify someone for work on that light.
      MOTION: Commissioner Myers moved to approve the Public Works
                  Utility Technician position to be placed under Public Works
                  and the budget that reflects such. Commissioner Nannini
                  seconded the motion.            The motion was passed
                  unanimously.

V.    TOWN OF MONTELLO:

MONTELLO WATER SYSTEM:
 Discussion and consideration of a Special Use Agreement for a water connection
on the Montello Water System - South Line by Steve and Darlene Olson and all
other matters related, thereto.
      Chairman Ellison called the Board to order on 11:31 a.m. and adjourned the
Montello Town Board at 11:33 a.m.

VI.   ELKO COUNTY JUVENILE PROBATION DEPARTMENT:
      A.    Discussion of Juvenile Probation Department issues including the
Juvenile Detention and Juvenile Probation Monthly Report and all other matters
related, thereto.
      Mike Pedersen commented that the Silver State Detention Association had
appointed Pat Plaster as the President of that association. Mike Pedersen
reported that he had been appointed as President of The Nevada Association of
                                                            ELKO COUNTY COMMISSION
                                                                    REGULAR SESSION
                                                                   DECEMBER 12, 2007
                                                                             PAGE   3
Juvenile Justice Administrators. Michael Pedersen explained how the Silver State
Detention Association dictated how juvenile detention centers were handled.
Commissioner Russell complimented department heads whom were involved in
associations to help provide leadership throughout the state. He noted those
associations took personal time which benefited the entire county.
      B.    Discussion and consideration of a request for the approval of a
community service position utilizing unused funds from the FY 2006-2007 Budget
and all other matters related, thereto. If this item is approved, the Agenda Item C,
must be approved as required by State Statute.
      Mike Pedersen sought direction from the County whether to fund a
supervised community service program. They had applied for grant funding so as
not to burden the County but there were grant reductions so that position was not
funded. He stated Cash Minor and Debbie Armuth had identified some funding
not expended in the budget for FY 2006-07. The Board Members discussed the
current budget shortfalls in the State; the position previously funded by State
grants; the District Court possibly partnering on a full time community service
position; the cities partnering on the position; current staff performing the duties of
community service, and the need for this position. Commissioner Myers asked if
the Juvenile Department had looked at how the 8% reduction from the state would
impact them. Mike Pedersen replied that if it took away all the grants, then they
would have to reprioritize their programs. Debbie Armuth explained that the AOC
grants were strictly funded by state grants. Commissioner Myers inquired what
that amount might be and Mike Pedersen replied $52,000.
      MOTION: Commissioner Eklund-Brown moved to approve the
                   Community Service position using unused funds from the
                   FY 2006-07 budget. Commissioner Myers seconded the
                   motion.
      Commissioner Myers asked Commissioner Eklund-Brown to amend her
motion to only apply to the 2007 budget and that it go through the normal review
process for future budgeting.
                   Commissioner Eklund-Brown amended her motion to only
                   apply to the current budget year 2007 and that it go through
                   the normal budget process in FY 2008-09. Commissioner
                   Myers seconded the amendment to the motion.
                   Commissioners Eklund-Brown, Myers and Nannini voted
                   aye. Commissioner Ellison and Russell vote nay. The
                   motion was passed by majority vote.

     C.   Public Hearing: In accordance with Notice 63-2007, conduct a Public
Hearing to consider the approval of Resolution No. 24-2007, entitled: A
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   4
RESOLUTION TO AUGMENT THE 2007-2008 BUDGET OF THE ELKO
COUNTY JUVENILE PROBATION FUND.
      Chairman Ellison called for public comment. No public comments were
received.
      MOTION: Commissioner Myers moved to adopt Resolution No. 24-
               2007, entitled: A RESOLUTION TO AUGMENT THE 2007-
               2008 BUDGET OF THE ELKO COUNTY JUVENILE
               PROBATION FUND.               Commissioner    Eklund-Brown
               seconded the motion.         Commissioners Myers, Eklund-
               Brown and Nannini voted aye. Commissioners Russell and
               Ellison voted nay. The motion was passed by majority vote.

      D.    Discussion and consideration of a request for Juvenile Facility parking
lot improvements and all other matters related, thereto.
      Mike Pedersen stated the City asked them to bring that part of the parking
lot up to code. He stated they received a call from the Road Department stating
that on Monday and Tuesday they would haul in gravel to fill the pot holes.
Commissioner Eklund-Brown inquired why it was not to code originally. Mike
Pedersen stated they have fourteen parking spaces so they have asked staff to
park in the area near the trailer in the gravel. He felt the trailer would have to be
permanentized. Commissioner Russell recommended that they submit it during
next budget process. Robert Stokes had talked to Otis Tipton and they were
taking grindings to Montrose Lane and as part of that project they would take
some grindings to the Juvenile Department’s parking lot. He believed the
improvements and the permanentized trailer project were a budget issue. The
board discussed whether a motion was necessary because the Road Department
had already made arrangements to put fill in the parking lot.
      MOTION: Commissioner Myers moved to grant the request for the
                 Juvenile Facility parking lot from the Road Department for
                 temporary fill. Commissioner Russell seconded the motion.
                 The motion was passed unanimously.

VII. NEVADA DIVISION OF WATER RESOURCES (NDWR):
     Discussion and consideration of the impacts of SB 275 that makes various
changes relating to underground water including NDWR Parcel Map Approvals
and a request from NDWR to see if the County is interested in administering a
water right relinquishment program and all other matters related, thereto.
     Randy Brown previously submitted copies of his report to the
Commissioners. He stated that on October 4th they had met with the Deputy State
Engineer. He noted the State Engineer did not want to enforce this program and
                                                               ELKO COUNTY COMMISSION
                                                                       REGULAR SESSION
                                                                      DECEMBER 12, 2007
                                                                                PAGE   5
suggested that the County do enforcement through an Ordinance. Randy Brown
reviewed their two options through the County or the State. He noted the State
Engineer informed them that he would not enforce this SB 275 or changes to NRS
until there was a list of those basins to give to the counties with an official letter
telling them he would enforce the code. Randy Brown felt that they would have an
Ordinance ready by February or March. Commissioner Eklund-Brown inquired if
the State Engineer’s Office would approve the parcel maps. Randy Brown stated
that the County could approve the parcel map contingent upon the State Water
Engineer’s approval. Randy Brown noted the State Water Right was administered
through the State Engineer’s Office. Randy Brown explained the difference
between relinquishment and an offer of designation to the Board. He clarified that
an offer of designation to the County meant that the County could hold the water
right and the parcel map could be approved. He stated the County did not have a
water delivery system at this time so the County would have to pay the fees each
year to keep that water right in good standing. Commissioner Myers inquired if
they could obtain water rights from another owner for a closed basin. Randy
Brown stated that may create a “takings” issue. However, if they could not provide
water, they could not subdivide.
       Randy Brown recommended that the County create an Ordinance into their
Elko County Code stating that they would like them to relinquish or designate
water rights until the County creates a distribution system.
       Kristin McQueary clarified that this did not apply to a division of land into
larger parcel maps and only applied to subdivision maps.
       MOTION: Commissioner Russell moved to authorize them to explore
                    and develop an Ordinance for later approval as stated by
                    Randy Brown including relinquishment.           Commissioner
                    Nannini seconded the motion.
       The Board discussed the regulation of subdivision through water allocation
and the involvement of the County. It was noted there were already many
subdivisions grandfathered in. Randy Brown reviewed the conflicting Ordinances
governing the parceling in the County. Commissioner Nannini noted previously
they proved that they had the water to provide for the future growth. He noted the
water rights on some of the developments have never been used although it had
been spoken for. Randy Brown commented the new administration in the State
Engineer’s Office may wish to review the allocation to the future development.
       Commissioner Myers requested that Mike Buschelman give them an
overview of their water situation.
       Commissioner Nannini noted that since 1993 they have been going through
this process. He felt their intention was to show the State that there was ample
enough water for future development in Elko County. Commissioner Nannini
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   6
questioned why they would allow urban to take water from the rural because
drought years affect all counties the same. Commissioner Russell gave an
overview of a water situation in a closed basin.
                 Commissioner Myers was absent during the vote. The
                 motion was passed by a majority vote.

VIII. ELKO COUNTY PLANNING AND ZONING DIVISION:
      Roadway Dedications Requests:
      Discussion and consideration of the approval of Roadway Dedication
requests as listed below:
      A.    Wild Horse Land Company, LLC Roadway Dedication request located
            in Sec. 23, T.36 N, R.54 E., M.D.B.&M. – Stageline Loop.
      Randy Brown stated this parcel map was in a series of parcel maps. He
stated that staff recommended acceptance of the road dedication for public use,
without maintenance. He noted it met all state and local laws and ordinances.
      MOTION: Commissioner Myers moved to approve the roadway
                   dedication request for Wild Horse Land Company in Section
                   23, T.36N, R.54 E., M.D.B. & M. – Stageline Loop with no
                   maintenance. Commissioner Eklund-Brown seconded the
                   motion. The motion was passed unanimously.

     B.     James K. Stonier Roadway Dedication request located in Sec. 8, 9, 16
            & 17, T.33 N, R.56 E., M.D.B.&M. – Stonier Drive.
       Randy Brown stated this was a portion of land along Jiggs highway. He
noted that it met all state and local ordinances and statutes. He commented that
staff recommended acceptance of the road right of way for public purposes but
without maintenance.
       MOTION: Commissioner Myers moved to approve the roadway
                  dedication request for James K. Stonier located in Sections
                  8, 9, 16 & 17, T. 33N, R. 56 E., M.D.B&M. – Stonier Drive, with
                  no maintenance. Commissioner Eklund-Brown seconded
                  the motion. The motion was passed unanimously.

     C.    William Leipprandt Roadway Dedication request located in Sec. 25,
           T.34 N, R.55 E., M.D.B.&M. – Ellens Way.
       Randy Brown stated this was a portion of land off of Elko Summit Estates.
He stated that Elko Summit Estates Association had approved it pursuant to
County Ordinance. He noted that it met all local and state statutes. He stated
staff recommended acceptance for public purpose, without maintenance.

                                                            ELKO COUNTY COMMISSION
                                                                    REGULAR SESSION
                                                                   DECEMBER 12, 2007
                                                                             PAGE   7
     MOTION: Commissioner Myers moved to approve the roadway
                dedication request from William Leipprandt located in
                Section 25, T. 34 N, R. 55 E., M.D.B&M. – Ellens Way, without
                maintenance. Commissioner Eklund-Brown seconded the
                motion.
     Commissioner Eklund-Brown asked if the Homeowners’ Association had
approved it. Randy Brown stated that he had a letter on file from the Association
supporting it.
                The motion was passed unanimously.

       D.   Elko Summit Ltd. Roadway Dedication request located in Sec. 25,
            T.34 N, R.55 E., M.D.B.&M. – Charles Vista.
      Randy Brown presented a map. Commissioner Eklund-Brown inquired if
these were two different applicants with different parcel maps. He explained that
these were the same people with three different entities. He stated this request
met all state statutes and local ordinances.           He commented that staff
recommended acceptance of the road right of way for public purposes but not for
maintenance. He stated that the Homeowners’ Association had submitted a letter
of support.
      MOTION: Commissioner Myers moved to approve the roadway
                 dedication request from Elko Summit Ltd., located in
                 Section 25, T. 34 N., R. 55 E., M.D.B.&M. – Charles Vista, with
                 no maintenance. Commissioner Eklund-Brown seconded
                 the motion. The motion was passed unanimously.

       E. William A. Crane Roadway Dedication request located in Sec. 25 & 26,
                 T.34 N, R.55 E., M.D.B.&M. – Armuth Vista.
      Randy Brown presented the map. He stated this request meet all local
ordinances and state statutes. He commented that the staff recommended
acceptance for public right of way for public purposes but with no maintenance.
      MOTION: Commissioner Myers moved to approve the roadway
                 dedication request of William A. Crane located in Sections
                 25 & 26, T.34 N., R.55 E., M.D.B&M. – Armuth Vista, without
                 maintenance. Commissioner Russell seconded the motion.
                 The motion was passed unanimously.

IX.  U.S. AIR FORCE – WHITE ELK MILITARY OPERATING AREA (MOA):
     Discussion and consideration of issues related to the U.S. Air Force – White
Elk MOA proposal including the public scoping meeting that will be held in Elko on
December 19, 2007 and the comment period closing of January 7, 2008.
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   8
       Commissioner Eklund-Brown felt they should adamantly oppose any more
restrictive airspace in Elko County. She stated this would expand restrictive air
space and limited commercial and private air paths and traffic corridors which
have an economic impact to the County. She suggested that they send a letter
reiterating their opposition to this proposal.
       MOTION: Commissioner Eklund-Brown moved that they send a letter
                   reiterating what they had discussed at the meeting with BLM
                   and Forest Service upon the different impacts; send in their
                   comments on file already, and the letter is to be reviewed by
                   the Chairman. Commissioner Russell seconded the motion.
       Commissioner Ellison felt the Board should send a letter to the Governor to
seek his support for their opposition. He commented upon the impact to the
County.
       Commissioner Nannini asked that it go on record that if they look at a map of
the restricted areas, the restrict airspace has encompassed almost all of Nevada.
He stated that with Hill Air Force Base, Mountain Home Air Force Base and White
Elk MOA there would be very small area not impacted. Commissioner Eklund-
Brown commented that when she pulled out a quad map showing all the layers of
restricted space at their meeting with the Governor; they asked her to put that map
away.
       Robert Stokes noted that their fact sheet did not provide a lot of information
but they were looking at a floor of 14,000 feet. Commissioner Ellison stated he
and Commissioner Eklund-Brown had asked the former Governor to push the
ceiling up. He commented how difficult it was to get clearance to go through
restricted space. Robert Stokes read that the wind power project proposed in Ely
may be brought into Elko County and that would impact the MOA elevation. He
noted the public comment period closed the 6th of January.
                          The motion was passed unanimously.
       Chairman Ellison called a recess for lunch at 12:44 P.M.
CALL TO ORDER
       Chairman Ellison reconvened the meeting at 1:30 P.M.

X.    UNITED STATES GEOLOGICAL SURVEY (USGS):
      Discussion, consideration and update status report on the USGS Upper
Humboldt River Basin Project to be presented by Russ Plume, USGS Project
Chief, including consideration of the future direction of the project and all other
matters related, thereto.
      Russ Plume stated Dave Berger, their Hydraulic Studies Section Chief in
Carson City, and David Evetts, of the local Field Office, had accompanied him to
this meeting. Russ Plume gave a power point presentation on their project in the
                                                               ELKO COUNTY COMMISSION
                                                                       REGULAR SESSION
                                                                      DECEMBER 12, 2007
                                                                                PAGE   9
Upper Humboldt River Basin. (See hard copy of attachment to these minutes.)
Russ Plume reviewed the eight hydrographic areas: Mary’s River, Starr Valley,
North Fork, Lamoille Valley, South Fork, Huntington Valley, Dixie Creek-Tenmile
Creek and Elko Segment. He stated their project objectives in Phase One (FY
2007-08). Russ Plume pointed out the hydrogeologic units, the basin fill
thickness, the oil exploration wells and the water wells. He reported that wells
were monitored for development of the map. He reviewed the Phase One Project
Timelines and the project proposal for Phase Two. He stated their report would
be ready for public release in approximately September 2008. Russ Plume
suggested a conceptional model of the flow system inclusive of the interaction of
groundwater and stream flow in Phase Two. Russ Plume encouraged the
development of a water budget for each of these basins. Commissioner Russell
cautioned that there would be budget restraints next year. He stressed that the
results must have statistical importance toward their needs within the County.
Russ Plume noted the County needed to know how thick the aquifers were and
reviewed how the USGS interpretations would be useful.
      Commissioner Ellison inquired what their cost estimation would be on Phase
Two. Russ Plume had no estimation at this time. Commissioner Myers noted in
2008-09 they started their budget process in March and would need the USGS
cost estimates by March or the first of April. Russ Plume would put a proposal
together and submit it to them within the next several months. Commissioner
Nannini inquired how much weight it would carry with the state. Russ Plume
stated the results they produce and publish would be impartial. Russ Plume noted
the state continually reassures them that they rely upon the USGS to make their
decisions. Dave Berger commented that the State Engineer typically looks at the
USGS water budgets.
      Russ Plume stated by March they could give a presentation and go into
some detail on Phase Two. Commissioner Ellison inquired if there was grant
funding available. Russ Plume replied the federal match was currently 55/45% so
the County would have to come up with 45% of the funding. Commissioner
Ellison inquired about the funding for Phase One. Debbie Armuth replied $87,500
was the funding for the first study. The details of the water budget and SB 235
were discussed by the Board Members.
      Commissioner Eklund-Brown noted that SNWA would pay for two monitoring
wells and felt the Board would like the aid of the USGS in placement of those
monitoring wells.

XI.  MEDICAL SERVICES FACILITY (OLD ELKO CLINIC):
     Discussion and consideration of issues related to the termination of the
lease of this facility by Great Basin College from Northeastern Nevada Regional
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   10
Hospital including the potential impacts to the existing medical, dental and VA
clinics and potential impacts to future clinics slated to be housed in this facility and
all other matters related, thereto. The Commission may consider a request to take
over the lease with discussion regarding expenses related thereto.
       Commissioner Nannini stated they had started this facility to take care of the
Medicare/Medicaid patients and establish a Veterans’ Clinic. He noted the
College had expanded their nursing program. He commented that the college had
exhausted their resources and would have to give up the lease on the facility. He
stated the college had asked that the County assume the lease with the hospital.
Commissioner Nannini submitted a written document dated December 12th from
NNRH wherein NNRH would lease the building to the County, with the intention to
deed the premises to the County at no additional cost upon the expiration of the
entire lease term. Robert Stokes stated that the previous owner of the hospital
had looked at a depreciation schedule because they purchased the hospital over a
period of time. He believed that Lifepoint would also look at a depreciation
schedule.
       Dr. Paul Killpatrick stated the hospital had no trouble with the college
relinquishing the lease but they could not lease to other doctors. However, the
hospital could lease the building to the County. Commissioner Nannini read a
portion of the proposed Lease Agreement into the record (Paragraphs 1 through
3). Commissioner Nannini disagreed with the verbiage in the first paragraph
because in the original agreement the hospital was to do some repairs, specifically
maintenance on the roof. Dr. Paul Killpatrick stated the college was responsible
for maintenance in their Lease Agreement with the hospital. He noted the college
had seven years left on that lease.
       Commissioner Nannini stated they would have to address this premises in
the budget process. Robert Stokes noted the County staff had viewed the facility
and recommended that they not expand the usage of the building until the end of
the year. He stated they had a grant application submitted for $350,000 to the
CDBG because the heating and cooling components needed to be replaced or
brought up to code. He noted they would have a better assessment of the figures
to bring to the Commission by the time of the budget process. Robert Stokes
noted that previously the college did have leases with the other entities to pay
their own utilities and they do some of the janitorial. Robert Stokes believed that
they would expand those leases to cover all the maintenance in the “shared
areas”. Commissioner Nannini felt that the City of Elko should come to the table
and believed there was some responsibility in other areas. Commissioner Ellison
suggested they have a binding, written agreement. Commissioner Nannini
recommended that he, Commissioner Myers, Robert Stokes, Cash Minor, and Dr.
Paul Killpatrick work on drafting a written agreement. The Board discussed the
                                                                  ELKO COUNTY COMMISSION
                                                                          REGULAR SESSION
                                                                         DECEMBER 12, 2007
                                                                                  PAGE   11
costs of indigent funding and the benefit of having the clinic available to take care
of the Medicare-Medicaid patients and the Veterans. Commissioner Myers felt
they needed to analyze the true costs, and set a time frame for Public Works,
Buildings and Grounds, or an engineer go through the building for a cost estimate.
Dr. Paul Killpatrick noted the college would take a reduction of 5% to 8% within
their next budget process.
       MOTION: Commissioner Russell moved that they authorize the
                   committee of Commissioners Nannini and Myers, as well as
                   staff, to proceed with negotiations for a final contract to be
                   brought back for Board approval; including reviewing the
                   lease and taking over the college lease. Commissioner
                   Eklund-Brown seconded the motion. The motion was
                   passed unanimously.

XII.   ELKO COUNTY SHERIFF’S DEPARTMENT:
       Discussion of Sheriff Department issues including operational reports,
statistics, communications and all other matters related, thereto.
       Sheriff Dale Lotspeich reviewed the monthly statistics. He commented that
he had not met with the Commission liaison this last month. There was a
sergeant change in Jackpot and Brad Hester was the acting Sergeant in Jackpot.
He stated the Mountain City position would become vacant with a retirement
request. If they cannot find an appropriate person to move up there; they may
operate it out of Elko. Commissioner Eklund-Brown inquired about an interlocal
agreement with the Duck Valley Tribe. Dale Lotspeich stated they already had an
informal agreement and the Tribe responded to some of the calls. He noted they
may look at the option of someone coming down into Mountain City for patrol.
Commissioner Eklund-Brown asked about the response time. Sheriff Lotspeich
stated that there had not been a Deputy up there for the last 90 days and it had
been covered by a roving patrol. Commissioner Russell inquired if someone from
the tribe could fill that position. He asked if someone could live in Idaho and work
in that area. Sheriff Lotspeich stated someone from Idaho would not have
emergency coverage under the County insurance which created a County liability
situation.
       Sheriff Dale Lotspeich reported that since September 1, 2007, the Sheriff’s
Department was managing Central Dispatch.
       Sheriff Lotspeich stated they were looking at the Sheriff’s substation in
Spring Creek for additional space. His recommendation was to study if it would be
cost effective to make the house into a bigger substation and to provide additional
storage of records. He stated after January Commissioner Myers had discussed
about doing a mid review of the budget. He believed that they could reduce the
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   12
amount of vehicles in the Jackpot area by two. Sheriff Lotspeich noted that
Commissioner Myers had toured the jail and encouraged the other Board
members to tour the jail. Sheriff Lotspeich stated there was a new sergeant, Carl
Cox. He reported that the new camera system was in place, functioning and they
were able to install cameras on other exits throughout the building.
      Commissioner Nannini inquired about the meals. Sheriff Lotspeich stated
there was not as large cost savings as anticipated.
      Commissioner Myers expressed appreciation to Lt. Doug Gailey for
assuming the additional responsibility of Central Dispatch. Sheriff Lotspeich
stated their goal was to provide a professional service and get a Dispatch
Manager.

XIII. ELKO COUNTY DISTRICT ATTORNEY’S OFFICE:
       Discussion and consideration of a request to reclassify the Victim/Witness
Liaison position in the District Attorney’s Office and all other matters related,
thereto.
       Gary Woodbury noted they had submitted a written memorandum justifying
the change. He reviewed the effect of the recent growth on their department.
       MOTION: Commissioner           Nannini     moved      to      reclassify the
                   Victim/Witness Liaison position in the District Attorney’s
                   Office. Commissioner Myers seconded the motion.
       Debbie Armuth stated their recent salary savings would apply and the
District Attorney would be within his budget.
                   The motion was passed unanimously.
       Commissioner Russell inquired about putting in an investigator. Gary
Woodbury stated in the past they had paid for private investigators and it was
difficult to incorporate them into the system. Therefore they took a District
Attorney position and incorporated it into an investigator position.

XIV. NEVADA DEPARTMENT OF TAXATION:
       Discussion and consideration of a proposal to study the Consolidated Tax
Distribution by the Nevada Department of Taxation to be forwarded to the
Taxation Committees in the Senate and Assembly before the 2009 Nevada
Legislative Session and all matters related, thereto.
       Robert Stokes stated Cash Minor put together a draft letter. He noted they
supported the current distribution but if there was change; they asked for
notification.
       MOTION: Commissioner Eklund-Brown moved to approve a letter of
                  comment as the County Manager indicated. Commissioner

                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                     DECEMBER 12, 2007
                                                                              PAGE   13
                 Myers seconded the motion, noting it was a letter of
                 concept. The motion was passed unanimously.

XV. MKM RACING PROMOTIONS, LLC:
     2008 Gambler’s Run Twin 50 Open Road Rally:
     Consideration of a request for approval of a road closure on SR 225
between EL 39 and EL 88 on Sunday, July 27, 2008 for the 2008 Gambler’s Run
Open Road Rally in Elko, Nevada.
     MOTION: Commissioner Myers moved to approve the road closure on
                SR 225 between EL 39 and EL 88 on Sunday, July 27, 2008
                for the 2008 Gambler’s Run Open Road Rally in Elko,
                Nevada. Commissioner Nannini seconded the motion.
     Commissioner Russell inquired about the insurance policy.
                Commissioner Myers amended his motion to approve the
                road closure based upon an insurance policy being
                submitted.       Commissioner Nannini seconded the
                amendment. The motion was passed unanimously.

XVI. BUREAU OF LAND MANAGEMENT:
      Winnemucca Field Office:
      Fuel Treatments on the Lone Willow and Little Owyhee Project Areas:
      Discussion and consideration of comments regarding the proposal to
continue fuel treatments in the areas mentioned above to increase the current
“fuelbreak” system to assist in wildfire suppression activities and all other matters
related, thereto.
      Robert Stokes stated this was a continuation of some of the work they had
been doing. He noted that most of the work was done in Humboldt County.
      MOTION: Commissioner Russell moved to send a letter of support of
                  this action. Commissioner Eklund-Brown seconded the
                  motion. The motion was passed unanimously.

XVII. METROPOLIS IRRIGATION RESTORATION PROJECT:
      Update report on the Metropolis Irrigation Restoration Project that will make
improvements to Metropolis Irrigation District structures including the Bishop
Creek Dam and a new Recreation Facility consisting of road access, campsites,
picnic tables and a dock on the Bishop Creek Reservoir.
      Commissioner Nannini noted there was a problem with the right of way on
the road. He stated they would acquire the Fallon property owner’s signature for
the right of way. Commissioner Nannini reported they had worked out an
agreement with all the agencies and the property owners. He stated the BLM
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   14
helped them design the road right of way and the old dam would be demolished
and a new dam built. Commissioner Ellison suggested that they send a letter to
the Fallon landowner thanking him for the road right of way.

XVIII. WATER RIGHTS ACQUISITION PROPOSAL:
       Discussion and consideration of a proposal for the County to acquire water
rights for future economic development or other purposes and all other matters
related, thereto.
       Commissioner Russell stated they were in negotiations and looking at doing
a cooperative examination of this with the City of Elko. Robert Stokes noted they
would like permission to send a letter to the City of Elko asking to have it put on
their agenda sometime in January.
       MOTION: Commissioner Russell moved that Elko County Commission
                  send a request to open a dialog concerning a joint venture
                  of acquiring water rights. Commissioner Myers seconded
                  the motion. The motion was passed unanimously.

IX.    ELKO COUNTY WATER RESOURCE ISSUES:
       Discussion and consideration of water resource management and water
rights issues that may impact Elko County including possible discussion related to
the Southern Nevada Water Authority pipeline project and the Central Nevada
Regional Water Authority activities and issues.
       Commissioner Eklund-Brown stated Commissioner Russell went to the
Humboldt Basin River Water Authority meeting in her stead. Commissioner
Russell commented that there would be a proposal at their next Commission
meeting to approve membership of two additional counties to the Central Nevada
Regional Water Authority. He reported that Churchill and Pershing counties wish
to join the authority.

XXII. COMMISSION MEETING CALENDAR:
      January 2 & 3, 2008 -- 1:30 p.m. – Elko – Courthouse
      January 16, 2008 -- 1:30 p.m. – Elko – Courthouse
      February 6 & 7, 2008 -- 1:30 p.m. – Elko – Courthouse
      All Times Pacific Time

      MOTION: Commissioner Myers moved to approve the Commission
              meeting calendar for January and February. Commissioner
              Eklund-Brown seconded the motion. The motion was
              passed unanimously.

                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                     DECEMBER 12, 2007
                                                                              PAGE   15
XXIII. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:
      Discussion of correspondence and notices received by the Commission
inclusive of assignment of issues to future agendas for Commission action.
      No discussion was held.

XXIV. CONSENT AGENDA:
     A.    Presentation and review of claims for approval
     B.     Human Services Department:
           Approval of step increases for Sheriff’s Employee Association
Bargaining Unit, effective December 2007—James Mathes, Colby Glennon.
     C.    Approval of Minutes:
           August 22, 2007:
           1.     Board of County Commissioners
           2.     Board of County Highway Commissioners
           3.     Town of Jackpot
           4.     Town of Jarbidge
           October 17, 2007:
           1.     Board of County Commissioners
           2.     Board of County Highway Commissioners
           3.     Elko County Liquor Board
           November 7 & 8, 2007:
           1.     Board of County Commissioners
           2.     Board of County Highway Commissioners
           3.     Town of Jackpot
     D.    2008 Courthouse Complex Project:
           1.     Discussion and consideration of approval of RESOLUTION No.
           24-2007, entitled, A RESOLUTION TO CREATE A CAPITAL
           PROJECT FUND WITHIN THE ELKO COUNTY TREASURY
           ENTITLED COURTHOUSE COMPLEX CAPITAL PROJECT FUND.
           2.     Discussion and consideration of approval of RESOLUTION NO.
           25-2007, entitled, A RESOLUTION TO CREATE A SPECIAL
           REVENUE FUND WITHIN THE ELKO COUNTY TREASURY
           ENTITLED ELKO COUNTY COMPLEX BOND INCOME FUND.

       MOTION: Commissioner Myers moved to approve the Consent
               Agenda   with all  the   changes/amendments  from
               Commissioner Eklund-Brown.   Commissioner Eklund-
               Brown seconded the motion. The motion was passed
               unanimously.
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   16
XXV. COMMISSION AND COMMITTEE REPORTS:
      Commissioner Myers:
      Elko County Economic Diversification Authority (ECEDA) Board – He
reported that he and Elaine had a meeting with a company regarding a possible
truck stop for the railport. He stated they were also waiting on the 2nd appraisal.
      City of Elko – No report was given.
      Regional Transportation Commission (RTC) - No meeting was held.
      Nevada Department of Transportation (NDOT) Liaison – No report was
given.
      Northern Nevada Regional Transit Coalition – No report was given.
      Auditorium Authority Board (ECVA) – He reported upon the fund raising
event, the Festival of Trees.
      Nevadaworks - No report was given.
      Wildlife Advisory Board - No report was given.
      Wildlife Arbitration Board - No report was given.
      Nevada Division of Wildlife Liaison – No report was given.
      Nevada Division of Forestry Liaison – No report was given.
      Sheriff Department Liaison – No report was given.
      Commissioner Eklund-Brown:




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                                                                      REGULAR SESSION
                                                                     DECEMBER 12, 2007
                                                                              PAGE   17
      City of Carlin – No report was given.
      Tuscarora Community – No report was given.
      Recreation Board – No report was given.
      Nevada State Land Use Planning Advisory Commission (SLUPAC) – No
report was given.
      Humboldt River Basin Water Authority – No report was given.
      Northeastern Nevada Stewardship Group – She did not make the last
meeting on the Tuscarora Sage Grouse study.
      Mining Sustainability – She stated they were still working on the 1872
reform. They were waiting for information from the Senate because they felt the
Rahall Bill would be amended.
      China Spring/Aurora Pines Advisory Committee – No report was given.

      Central Nevada Regional Water Authority (CNRWA) – She noted there
would be a meeting this Friday in Fallon.
      BLM Liaison, BLM – RAC, California Trails Center Board – She stated they
reviewed the Question 1 application and she was asked to go to the Boyd Ranch
proposal. She reported that both applications went very well before the Question
1 committee. She had spoken to Senator Reid’s staff regarding the desire to get
the exhibit money. There was no money for exhibits and they may have to raise
money privately. She stated that the federal government was four million dollars
under funded on the project. There was no funding for the amphitheater, exhibits,
and trails.
      BLM Jarbidge RMP Liaison – No report was given.
      ECCWMA - Noxious Weed Liaison – No report was given.
      USFS Liaison – Mt. City Ranger District Grazing EIS – No report was given.
      Water Planning (Alternate) – No report was given.
      ECEDA (Alternate) – No report was given.
      Commissioner Russell:
      Museum Board – He stated they would be doing interviews next week for a
fund raising management team.
      Local Emergency Planning Committee (LEPC) - He stated the meeting was
cancelled.
      Central Nevada Regional Water Authority (CNRWA) – He stated they would
be going to the meeting Friday in Fallon.
      Humboldt River Basin Water Authority (Alternate) – He noted they had a
meeting arranged with the State Water Engineer to clarify what the State
Legislature was proposing.
      Public Lands Use Advisory Commission (PLUAC) - No quorum, so the
meeting was cancelled.
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   18
      Nevadaworks (Alternate) – No report was given.
      Nevada Association of Counties (NACO) Board – No report was given.
      Northern Nevada Regional Transit Coalition (Alternate) – No report was
given.
      Water Planning – No report was given.
      Spring Creek Association – No report was given.
      Regional Transportation Commission (RTC) – No report was given.
      Commissioner Nannini:
      City of Wells – He stated the truck wash project was completed and Love’s
Truck Stop was halfway finished.
      Heart Project - Wells Tire Recycling Plant - He noted Commissioner Myers
and his wife observed the process in Wells.
      City of West Wendover – He had contacted the Mayor about the additional
help for the juvenile situation. He stated the Hospital would look at an outreach
program for West Wendover if Josie would talk to the Hospital Board.
      Library Board of Trustees Liaison – He had attended the meeting last night.
      Hospital Board – No report was given.
      Fair Board – He reported they have a house for the caretaker and it came in
under budget.
      Central Dispatch Administrative Authority – No report was given.
      Indigent Accident Fund Board – No report was given.
      USFS Liaison / BLM Liaison – No report was given.
      Sheriff Department Liaison – No report was given.
      Nevada Division of Forestry Liaison – No report was given.
      Commissioner Ellison:
      Nevada Association of Counties (NACO) Board President – They put on a
presentation to Clark County.
      National Association of Counties (NACo) Representative – He attended the
conference in Florida. Yesterday they had a phone conference with Senator Reid
and talked about PILT. He stated they were nine votes shy on the energy bill
which would affect PILT. He reported on the phone conference held with the
Western Counties Alliance regarding full funding for PILT and the Rural School
funding request. He stated both Congressmen Heller and Porter voted against the
Energy Bill.
      Debt Management Committee – No report was given.
      Senior Citizens – No report was given.
      Humboldt River Basin Water Authority – No report was given.
      Nevada Fire Safe Council – No report was given.
      Insect Abatement – No report was given.

                                                          ELKO COUNTY COMMISSION
                                                                  REGULAR SESSION
                                                                 DECEMBER 12, 2007
                                                                          PAGE   19
XXVI. NORTHEASTERN NEVADA REGIONAL RAILPORT:
       Discussion and consideration of issues related to the Northeastern Nevada
Regional Railport including options with regard to the development, operation and
management of the Railport and Industrial Park. Possible issues for discussion
and action may include Committee 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 and all other matters related, thereto.
       Commissioner Ellison departed the meeting room at 3:10 p.m. due to a
conflict of interest.
       Commissioner Nannini assumed control of the meeting. Commissioner
Myers reviewed the contents of the appraisal they had just received from the front
portion of the railport property. They anticipated getting the second appraisal by
the end of the week. He reported that they had companies interested in
purchasing a portion of the railport property.
       MOTION: Commissioner Myers moved to accept the appraisal from
                    Mr. Tessler. Commissioner Russell seconded the motion.
                    The motion was passed unanimously.
       Commissioner Myers noted they were in negotiations with NDOT about the
frontage road. He stated NDOT asked if the County would accept payment over a
three year period. He noted this proposal would be taken back to the Railport
Committee. Commissioner Myers commented they would have to fund a traffic
study for the intersection. Commissioner Nannini requested clarification if the
County was accepting the frontage road. Commissioner Myers noted NDOT
would give them the road but NDOT would bring it up to the standard for the
future. Commissioner Myers commented there was money granted through
NDOT for a NDOT traffic study.
       Commissioner Russell noted a constituent had asked about the certain size
and height limitations with the underpass and if that would create a problem.
Commissioner Myers commented that if that was a problem, they could exit on
303 off ramp to access the railport.
       Commissioner Eklund-Brown reported they were working with the Army
Corps of Engineers on the Sherman Creek issues. Commissioner Myers noted
Randy Brown was determining whether the Army Corps of Engineers had
jurisdiction. He commented that one resident had requested an extension until
March to move her things. Commissioner Russell inquired about the status on the
railroad crossings. Commissioner Eklund-Brown stated they were waiting for a list
of the private crossings. They had received a list of the public crossings and were
looking for crossings that were not used anymore. Commissioner Myers noted
that they had a crossing toward the back side near Pacific Steel. Commissioner
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   20
Myers commented that they would have to determine if that was a valid crossing.
Commissioner Nannini inquired about Union Pacific’s involvement. Commissioner
Myers replied the Union Pacific was waiting on the County. Robert Stokes stated
they were at 40% completion of the plans. Commissioner Nannini inquired if a
company was looking at developing the railport.            Commissioner Myers
commented that a private developer could develop it faster than the County could.
Commissioner Russell inquired about the proposed management style.
Commissioner Myers stated there had been no conversations yet on that.

 XXVII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
      Commissioner Myers voiced concern about the demographer putting them
close to the 50,000 population which would affect RTC maintenance funding.
      Vice Chairman Nannini called a recess at 3:20 p.m.
      Chairman Ellison reconvened the meeting at 3:26 p.m.

XX. ELKO COUNTY PLANNING AND ZONING DIVISION:
       A.   Michael C. Giles Appeal Hearing:
       In accordance with Notice 60-2007 and County Code 4-9-40, conduct an
Appeal Hearing as requested by Michael C. Giles regarding a denial by the
Planning and Zoning Commission of a zone change request from Open Space to
Agricultural Residential Lands, Application 07-2000-12.             The County
Commissioners may at the conclusion of the appeal hearing sustain, modify or
overrule the action or decision appealed, or may refer the matter back to the Elko
County Planning Commission for further consideration.
       Randy Brown stated that staff recommended approval but it was not in
conformance with the Master Plan. He stated it was adjacent to smaller parcels.
He stated that the Planning Commission’s motion to deny the zone change was
passed with a 4 to 2 vote with 1 abstention.
       Commissioner Eklund-Brown disclosed that Randy Brown was her husband
but neither one of them had a pecuniary interest. She stated there was no conflict
of interest. She inquired if there was any subdivision of five acres in that area
after the approval of the Master Plan. Randy Brown replied no. However, it was
adjacent to future agriculture-residential but staff felt that it would not be
detrimental to the area to allow one more five acre parcel use. Commissioner
Myers felt the Planning Commission denied it because he had a caretaker
exception. Randy Brown stated they could revoke that conditional use at any
time.     Commissioner Eklund-Brown voiced concern that this would set a
precedent. Commissioner Randy Brown stated there were some adjacent
properties that were smaller parcels and some parcels were designated as special
lands. Commissioner Ellison reviewed the Staff’s recommendations.
                                                           ELKO COUNTY COMMISSION
                                                                   REGULAR SESSION
                                                                  DECEMBER 12, 2007
                                                                           PAGE   21
       Dave Hough, Chilton Engineering, disclosed that he sat upon the Planning
Commission and was the abstaining vote on this issue. He displayed zoning
maps. He noted Mr. Giles property was presently zoned special lands and he was
covered with a conditional use permit. Dave Hough pointed out the non
conforming parcels in the area. He stated Mike Giles was not asking the County
to give him something that was not consistent with what was there. Commissioner
Eklund-Brown noted that it was not consistent with the Master Plan and that was
what the Planning Commission had reviewed. She stressed that it would set a
precedent. Commissioner Ellison felt there would be no impact to roads or
services.
       Mike Giles noted that the special conditional use permit was for his mother.
He noted the current caretaker was for himself now because of his physical
problems. He stated a fellow lived there and in exchange for rent; he helped take
care of his land. Mike Giles noted that trailer was on the same five acres he lived
on and not on the area he wished to split off. He stated someone wanted to buy
his pasture so he submitted an application. Mike Giles stated he had the land
since 1981. Commissioner Eklund-Brown noted the conditional use was not being
used for what it was intended for. Mike Giles commented upon several medical
problems and his need for a caretaker. Kristin McQueary stated the conditional
use was not an issue at the Planning Commission or at this appeal. She clarified
that the motion was to deny the application because it did not conform to Phase 2
of the Spring Creek/Lamoille Master Plan. Kristin McQueary reviewed the
Planning Commission’s motion process and the vote.
       Tim Pruitt stated he had written a letter. He had moved to that area to have
some space. He did not want to set a precedent in that area to subdivide the
acreage and opposed the application. He assumed that most of the original
acreage was divided in that order and size for the past property owner to
subdivide the property. However, he felt that there were different circumstances
now than with the original subdivision. Tim Pruitt felt that if Mike Giles needed
assistance then he should stay with the original agreement on the trailer and apply
for another conditional use permit. He stated concerns with the existing traffic,
roads, and the property owner’s maintenance on those roads. Tim Pruitt stated a
lot of them had done road maintenance at their own expense. He noted Mr.
Lespade had maintained those roads but they have had little cooperation from
Mike Giles on any of that. He stated that if Mike was responsible for increasing
the traffic, then it was unfair to those of them who maintain those roads.
       Commissioner Ellison inquired how long the road was. Tim Pruitt stated it
was about a mile if they included Penny Lane and Canyon Lane. Commissioner
Ellison inquired when they changed the Master Plan. Commissioner Eklund-
Brown stated the Commission had just approved Phase 2 this summer on the
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   22
Spring Creek/Lamoille Master Plan. Randy Brown stated the original Master Plan
was completed in 1996. He stated the nonconforming open space was re-
designated to special lands. He stated a portion was designated agriculture-
recreational use.
       Dee Pruitt came to the podium.
       Mr. Ellison disclosed that Dee Pruitt and he shared ownership on an airplane
several years ago but that would not affect his decision today.
       Dee Pruitt stated under normal circumstances he would not object.
However, this was not a special circumstance and Mike was violating county and
state laws with a singlewide trailer. He acknowledged that Mike had some health
issues but the individual in the trailer was only there once or twice every three
weeks. Dee Pruitt felt the trailer should be removed and Mike could reapply to
have this divided to be within the regulations of the law. Dee Pruitt felt under the
current circumstances that this zone change should be denied. He believed that
the road issues should be considered. He stated Mike Giles had paid for some
maintenance on the road.
       Richard Lespade voiced concern that there was no cul-de-sac. He stated
access would be difficult unless the road was redone. He reviewed the location of
his land and the adjacent neighbors. He noted that it was a single 12 foot road
and felt the road would have to be redesigned for another entrance.
       Mike Giles stated the mobile home was put in for elderly assistance and the
application did not state that it was for his mother. Mike Giles stated now it was
being used for someone to assist him. He stated that if the Planning Commission
ruled that it could not be used for a residence for someone to help him, then he
would tear it out. He reiterated that the trailer was still on his residential property
and not on the property he wished to split off.
       Mike Giles stated he had contributed to the road maintenance because he
was not capable of operating his tractor. He stated Rich Lespade had cleaned his
driveway several times. Mike Giles commented that he had contributed to
anything asked of him whether it was oil to keep the dust down, grading or
snowplowing. Mike Giles stated Dave had surveyed the property because Tim
Pruitt had graded the road into his property. He noted that Tim Pruitt tore out the
markers when he graded it and told him that if he put the markers back in; he
would rip them out again. Mike Giles stated he filed a report with the Sheriff’s
Department and spoke to the County Road Department about his road rights.
Mike Giles reported that they put the markers back in; then he and Tim Pruitt
negotiated a map so the marker closest to Tim Pruitt’s was taken down. Mike
Giles stated the caretaker worked for Barrick so he was not there all the time. He
stated the caretaker did take care of his lawn and his home. Mike Giles stated he
had physical disabilities and needed the caretaker. He stated if it was illegal to
                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                     DECEMBER 12, 2007
                                                                               PAGE   23
have a caretaker, then he would do what it took to make it legal.
       Commissioner Ellison inquired if the width of the alternate access would be
an issue. Randy Brown stated this was the particular reason why Elko County
went back and amended the parcel map subdivision clause in 1994 to require 60
foot rights-of-way when the parcels were being created. He stated prior to that
Elko County had no jurisdiction to require the easements. He stated that if this
was to be subdivided and approved Elko County would require a 30 foot right of
way offered for dedication. Randy Brown noted that there were easements
created on Sunset but they were not public. Randy Brown stated that Penny Lane
was offered for dedication previously. He stated Sunset Lane and Penny Lane
were the reason for the easement ordinance. Dee Pruitt stated in 1994 or 1995
he came before the Commission and wanted to parcel acreage in that area
between him and his brother. He was required at that time to build a new access
road which cost him $14,000 to put it in according to County specifications. Dee
Pruitt noted that the new right of way was put in at the Commissioners’ request.
He understood there were easements for utilities. He stated that Mr. Giles bought
two parcels making it fifteen acres. Dee Pruitt stated that all other acreage was 10
acre parcels.
       Dave Hough, Chilton Engineering, stated when they did the parcel map it
went into the records. He stated from the recorded parcel maps it showed a 60
foot width easement on Sunset, and a 30 foot width easement on Penny Lane.
Commissioner Ellison inquired if that was presently the width of the road. Dave
Hough replied the road itself was estimated at 12 to 16 feet wide on both Sunset
and Penny Lanes.
       Tim Pruitt inquired if there was a need for a debate on the maintenance of
the road. Commissioner Ellison noted that it was a private subdivision and the
road was accepted as a public right of way but the road was not accepted for
County maintenance. Tim Pruitt explained that when Mike Giles surveyed his
property there was a T post placed approximately 6 feet out into the road. He took
the post out because the rest of them had to get to their properties.
Commissioner Tim Pruitt stated when he took the T post out he did not know who
put them in. He later talked to Mike about traveling the road safely and Mike
agreed that if Tim Pruitt measured it back 12 feet back he could move the post
back. Commissioner Eklund-Brown questioned why a surveyor would put a stake
in the middle of a road. Tim Pruitt stated he did not move the road and had only
maintained it for drainage. He stated a couple of years ago they rebuilt the road
but they stayed on the same tract that road had always been on. Kristin
McQueary reminded them they were here on an appeal of a zone change and
stated that this conversation was more in line with public comment.
Commissioner Eklund-Brown stated the only relevance to her was whether there
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   24
was a benefit to the public by the creation of this additional parcel to get an
easement. Kristin McQueary stated that discussion would come with the parcel
map approval.        Commissioner Eklund-Brown noted part of the Planning
Commission’s reasoning was the zone change was only in the best interest of the
landowner. Kristin McQueary stated that was part of the Planning Commission’s
criteria in determining the zone change. If the zone change was approved, the
easement would go to discussion within the parcel map approval process.
       Commissioner Russell commented that there had been many public
hearings in the development of the Spring Creek/Lamoille Master Plan and was
approved by the Commission. Commissioner Russell stated that when they look
at alternative parceling or subdividing it had to rise to some level saying it was
worthy to be approved. He did not perceive that additional traffic was not an
issue. However, contribution to the road maintenance was an issue to the
neighborhood but not an issue on the zone change. Commissioner Russell
commented that the mobile home was not an issue whether the zone change
should be granted and neither was the T post in the road. He noted it should be
based on common good which was reflected in the Master Plan with regards to
water, density, traffic, etc. He believed there was an advantage to the landowner
to subdivide this but in looking at the Master Plan this did not raise to a level of
disagreeing with the Planning Commission with their decision. Commissioner
Russell felt they should sustain the Planning Commission’s decision.
Commissioner Myers commented upon the orderly process of developing the
Master Plan in 1994 and in the summer of 2006 the plan was reviewed. He stated
that four years ago they sustained a previous decision and supported the Master
Plan with regards to the 10 acres in that area. Commissioner Eklund-Brown
voiced support of the Master Plan and commented upon the number of public
hearings held for public comment. She noted that the majority of the people
wanted larger parcels. She felt the Master Plan was to protect the public that
invest in the property in that area. She did not see the hardship as a reason to
parcel this. Commissioner Ellison believed they had a problem with the roads but
that could not be taken into consideration. He questioned dictation of certain
acreage. Commissioner Eklund-Brown noted that everyone had ten acres and
questioned setting a precedent for future parceling.
       MOTION: Commissioner Nannini moved to sustain the Elko County
                  Planning Commission’s action on the Michael Giles’
                  request. Commissioner Russell seconded the motion. The
                  motion was passed unanimously.
       Commissioner Nannini noted that when Dee Pruitt went in there they had to
negotiate the road.
       B.    Rick Gavern Appeal Hearing:
                                                            ELKO COUNTY COMMISSION
                                                                    REGULAR SESSION
                                                                   DECEMBER 12, 2007
                                                                            PAGE   25
       In accordance with Notice 59-2007 and County Code 4-9-40, conduct an
Appeal Hearing as requested by Rick Gavern regarding a denial by the Planning
and Zoning Commission of a zone change request from Open Space to Special
Lands, Application 07-2000-011. The County Commissioners may at the
conclusion of the appeal hearing sustain, modify or overrule the action or decision
appealed, or may refer the matter back to the Elko County Planning Commission
for further consideration.
       Randy Brown noted this was a zone change application to special lands. He
stated the staff recommendation was approval according to the Spring
Creek/Lamoille Master Plan, Phase 2. Randy Brown stated the Planning
Commission’s motion was to approve the zone change according to Phase 2 of
the Master Plan, with staff recommendations in their written report. He noted the
vote was 3 to 3 with one 1 abstention, so the vote failed. Commissioner Eklund-
Brown inquired why the Planning Commission members voted against it. Randy
Brown replied that the Board Members did not state their reasons for their no vote.
       Commissioner Eklund-Brown disclosed that Randy Brown was her husband
and they had an Ethics Commission meeting. She noted that Ken Wellington felt
that they had a conflict of interest. She stated the Ethics Commission looked into
that and encouraged her to vote when there was no pecuniary interest. She felt
that she could make an objective decision       Commissioner Russell disclosed
that he had viewed the property with a resident of the Spring Creek area.
       Kristin McQueary inquired if there were any financial ties between
Commissioner Eklund-Brown and Mr. Gavern. Commissioner Eklund-Brown had
not met Mr. Gavern. She noted that Ken Wellington had written a letter and
wanted the relationship between her and Randy Brown discussed.
       Ken Wellington stated he accepted the District Attorney’s and Commissioner
Eklund-Brown’s explanation so there was no longer an issue.
       Commissioner Ellison noted that he and Commissioner Myers were in a
band which was a non profit situation and Mr. Wellington played in that band also.
       Commissioner Myers noted that the District Attorney made a determination
that he and Commissioner Ellison disclosed that they were both in a non profit
band. He commented that Robert Wines was also representing Mr. Gavern and
Commissioner Myers disclosed that Mr. Wines employs his sister, was a friend
such as Ken Wellington, and Mr. Wines just became a client of his. Therefore, the
District Attorney had recommended that he abstained from this issue.
       John Grange, of Grange Surveying representing Mr. Gavern, displayed a
map to the meeting participants. He stated it was an 85 acre parcel adjacent to
Spring Creek Tract 109. He pointed out the Spring Creek road. John Grange
noted that Mr. Gavern proposed to divide the parcel into four, 20 acre parcels. He
reported that there was no development on either side except one or two houses
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   26
on large acreages. He stated that the topography was high ridges on either side.
Commissioner Ellison inquired if the 14 acre parcel would be a secondary access.
John Grange noted that was the proposed property line and displayed the access
to other parcels. He displayed the easement.
       Commissioner Russell inquired if a stream ran through it. Mr. Grange
explained that there would have to be a culvert installed to construct that road.
Commissioner Eklund-Brown noted that there would be access out into the Spring
Creek Association and she inquired if the SCA had approved that. John Grange
stated that the Spring Creek Association would require the property owners to pay
road maintenance fees. Commissioner Ellison inquired if their first request was for
eight, 10 acre parcels or was it always for 20 acre parcels. John Grange stated it
was only a request for 20 acre parcels. He reviewed the property location with
regards to the vicinity of the Spring Creek Association’s property.
       Robert Wines, representing Rick Gavern, voiced support for Mr. Gavern’s
position. He stated this proposed division of land was in conformity with the
Master Plan. He stated the Master Plan called for 10 acre parcels but this request
was for 20 acre parcels. He stated in the original meeting for the Spring
Creek/Lamoille Master plan a portion of this area was previously designated as
2.5 acre parcels. He stated subsequently it was increased to 10 acre parcels. He
commented that 20 acre parcels were not a small piece of land. He stated it was
bordered by the Spring Creek Association which was 2 to 3 acre parcels. Robert
Wines stated this was located near Hog Tommy Road and Lamoille Highway right
behind Cold Creek and the Ruby Home Ranch area. He stated this area was
conducive to large parcel development. Robert Wines commented that there
would be some type of development and there would be impacts on road and
police and fire impacts. He felt Mr. Wellington could not hold Mr. Gavern’s feet to
the fire to protect his view by keeping that an 80 acre parcel. Robert Wines stated
that if Mr. Wellington wanted to protect his view he should buy the 80 acres to
protect his view. He questioned why the County taxpayers should pay the price
for protecting Ken Wellington’s view. Robert Wines reviewed the issue before the
board of whether this man should be allowed to subdivide the property down. He
noted that Mr. Gavern had submitted a map showing twenty acre parcels but they
were not here to approve that parcel map today. They were not here to approve
the roadway or approve access to those parcels because that came under the
next phase. He stated the question today was whether this complied with the
Master Plan and was it contrary to public good to change the zoning which would
allow this to be parceled down to ten acres as designated in the Master Plan.
       Commissioner Eklund-Brown inquired what the overlay was on that parcel.
Randy Brown stated that land use designation was special lands. He stated this
land was a buffer zone between John Sustacha’s designated Agricultural-
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Residential from 5 to 10 acres and Spring Creek lands.
        Ken Wellington noted the adjacent acreage was 10 acre parcels. He stated
his initial concern was about the view. However, when he was at the Planning
Commission they spoke about the health, welfare and safety of the public. Ken
Wellington stated at the Planning Commission meeting one of their concerns was
the water. He submitted copies of the Order from the State Engineer #1120
signed April 2, 1996 and read a portion into the record. Ken Wellington stated the
Dixie Creek-Tenmile Creek Water Basin was in question. On page two of the
copy of the Order, he had circled Mr. Gavern’s parcel (a copy is attached to these
minutes). He stated in the Master Plan it spoke of the Health, Welfare and Safety
of the public. He noted the Master Plan was to guard the public interest. He
stated there were exceptions in the Order and he had called Sam Monteleone in
the State Engineer’s Office in Carson City who gave him specifics about this
order. He noted this talked about the ground water basin above and below
ground. He stated the exceptions on the last page were specific for irrigation use
only. Ken Wellington stated as the parcel sits now he would only be able to come
in and do one well. If he subdivides this parcel, there would be multiple wells and
he could not do that without water rights from the State Water Engineer because it
was a closed basin pursuant to this Order. He stated the only other option was to
contact Spring Creek Utilities. He had spoken with Ms. Hoover from the Spring
Creek Utilities. Mr. Wellington stated that Mr. Gavern had made one phone call to
the utilities office but there was no follow up contact. He noted that Spring Creek
Utilities was concerned that any more wells would draw off of the basin and could
cause more problems for the Spring Creek residents which already reside on
Ashburn and the side streets. He noted the State Engineer had voiced the same
concern in his Order.
        Ken Wellington stated roads were a big issue because in order to apply for
the initial application, Mr. Gavern would have to go to the Spring Creek
Association and get a deed restriction. However, the access road was not a
through road because it goes onto private property before accessing Ashburn.
Commissioner Nannini questioned the road depicted on the map. Ken Wellington
stated he had spoken to the local water resources engineer and had viewed the
area. He stated Mr. Gavern had put in two culverts but the water engineer felt the
Army Corp of Engineers would have to engineer a bridge. He stated there was a
designated water basin on that property.                Ken Wellington submitted
documentation depicting the water pressure along Ashburn in 2006 and 2007. He
stated Rod Mothershed was to be present to speak on this. He commented that
the fire hydrants were not at current level on Ashburn to fight a fire currently. Ken
Wellington stated the County Commission had not approved any fire personnel for
the station and they were short on Sheriff Deputies in that area. He stated this
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   28
information was presented to the Planning Commission. He commented that he
had a copy of letter from Pam Borda which did not support the subdivision
because the Spring Creek Association stayed neutral in the issue. Ken Wellington
stated that at the Planning Commission meeting he attended, the vote was three
for, three against and one member abstained. Ken Wellington noted that the
Spring Creek Association’s letter stated their concern about the water situation
and it may directly impact the Marina and their water table. Robert Stokes noted
the Spring Creek Association’s Board did not move on this division.
       Commissioner Ellison inquired about Mr. Wellington’s location in regards to
the parcel in question. Ken Wellington showed the location of his parcel in relation
to the application request. Commissioner Ellison inquired if he was contesting
because of the 20 acres. Ken Wellington replied he was contesting because of
water issues. Commissioner Eklund-Brown noted that the USGS showed more
water than they thought was in that basin. She believed that Utilities Inc. was
insufficient in keeping the Spring Creek properties upgraded. She noted that was
not the topic here and asked that Randy Brown explain the relevance as it
pertained to this.
       Commissioner Ellison inquired if Ken Wellington fed off of the Spring Creek
Association’s water system.           Randy Brown replied in the affirmative.
Commissioner Ellison inquired if the four, 20 acre parcels would be on wells.
Commissioner Eklund-Brown stated they could go either way. Randy Brown
stated the NDEP and the Health Department said that when any parcels were
created which were within 200 feet of an existing water system, then that water
system can supply the parcels their water. However, if the parcels were outside
the service boundaries, then it would require the utilities to extend their service
boundaries. He believed the parcels would be serviced by domestic wells.
Commissioner Ellison voiced concern about the water pressure. Commissioner
Eklund-Brown noted there was already development around that area. Randy
Brown did not know if the utilities company had any wells in that area that would
be impacted. He stated there was always a potential of the system being
impacted. He did have a copy of this order which was for the adjudication of
appropriation of a water right. He noted a domestic well did not fall under
appropriation.
       Commissioner Ellison requested clarification about the roadway. Randy
Brown stated the roadway would fall under the parcel map requirements and it
would have to be constructed to a 26 foot wide gravel standard.
       Robert Wines stated when they designate a water basin it was to eliminate
industrial or agricultural wells in that basin because they take massive quantities
of water. He stated municipal, commercial and domestic, single family/residential
wells were preferred uses under a designated basin. Robert Wines stated that
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this same rule applies to the South Fork Master Plan where the State had come to
Elko County and prohibited them from parceling anything under 40 acres in that
area. Robert Wines noted that was written into the South Fork Master Plan. He
commented that the state did not make that designation for the properties in the
Spring Creek/Lamoille Master Plan area. He did not think this order eliminated the
Commission’s ability to create parcels of land the size they were requesting.
Robert Wines commented that the Spring Creek utilities had a horrendous
reputation for maintaining their infrastructure.           He believed the utilities
infrastructure was the problem and did not have anything to do with the
groundwater basin. Robert Wines noted that Mr. Gavern did contact the Spring
Creek Association to see if they could hook into their waterline. Bob Wines noted
for Mr. Gavern to hook into the public utilities, the line would have to be upgraded
to an 8 inch line. He stated there was an estimate of $140,000 to put in that line
for the four lots. Robert Wines explained that when the parcel map came back for
approval the road would have to be built in accordance with the map. He noted
the road did not exist right now. He stated Mr. Gavern would have to request a
variance from what he proposed if he could not build that road. He noted that the
road or the water issues should not be a question as to whether he should be
allowed to change zoning.
        Commissioner Russell asked if the Board of Commissioners had any
concern about the drainage having negative impacts or could they put in a
stipulation of having the approval contingent upon connection to the Spring Creek
utilities. He believed the common good was for the parcels to be connected to the
Spring Creek utilities. Kristin McQueary stated that would be the option of the
utility and the owner if it was within the distances described. She stated the
landowner could be asked to go that route. Kristin McQueary noted under the
zoning ordinance, Restrictive Use: “The granting of a zone change the Planning
Commission may, upon good cause, restrict the change of zoning to the specific
type of business enterprise or specific use for which the change was first sought;
which restrictive use must be set forth upon the minutes of the Planning
Commission and shall be considered binding upon all successive transferees or
possessors of the land to be classified or changed.” Kristin McQueary stated the
restrictions that they place on it were more land use restrictions rather than those
types of conditions. She stated that if the landowner was amenable to that and
accepts that on the record, it was okay. However, the default was the state law
with regards as to whether they have to hook into a water system or not.
Commissioner Russell felt they could only address roads and not water. Randy
Brown stated when the density increased then they could address the water/sewer
system. He referred to the NAC water law wherein if a party was within 200 feet
of the water system or a water delivery system, then you may require it if the
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   30
purveyor can guarantee water. Commissioner Russell inquired if Randy Brown
accepted the facts as presented by Robert Wines as to the distance to put in the
water system. Randy Brown questioned placing the additional parcels on the
current water system which was substandard for delivery in that area.
Commissioner Ellison noted the water law was written to reduce the impact to the
downstream users. Randy Brown noted that surface irrigation would require to be
shown on the parcel map. Randy Brown stated if there was delivery of
downstream water for irrigation purposes the flow rates have to be maintained
which may require the design of the NDEP and the Army Corps of Engineers
would be involved.
       Ken Wellington stated the Order was written by the State Water Engineer
and he was not interpreting the Order. He had spoken to a gentleman in the State
Water Engineer’s Office who told him the Order was speaking about domestic
water wells. Commissioner Nannini inquired if Ken Wellington opposed one
house on twenty acres. Ken Wellington replied yes he was opposed and
expressed his concern about water. He stated the District Attorney’s Office had
written that the Planning Commission could, upon good cause, restrict the change
of zoning to the specific type of business enterprise or specific use of the change
first sought. He noted there was a subsection that stated “whether the change
appeared to be for the good of the public, or the sole benefit of the private
interests/owners with regard to the community welfare.” Commissioner Ellison
displayed the water map submitted by the USGS. Ken Wellington commented the
State Water Engineer’s Office had drafted the Order. Commissioner Nannini
stated they could table the issue but felt the water issue was not their decision.
Ken Wellington stressed it was for the health, safety and welfare of the public.
Commissioner Eklund-Brown noted that the State Engineer controlled the water
and there had been prior division in that area. Ken Wellington commented the
Order was drafted in 1996 and had not been recalled. He suggested that they ask
the property owner come to the Commission with water rights and a water plan.
Commissioner Eklund-Brown noted the property owner had a number of ways to
provide water but that was not their decision to make. Ken Wellington did not
believe the owner could purchase water rights. Commissioner Nannini noted that
they could put a stipulation upon their approval. Commissioner Eklund-Brown
noted that would be addressed through the State Engineer. Ken Wellington stated
some person would buy one of the lots and there would be no water for them.
Commissioner Ellison believed there were studies that verified that there was
water there.
       Jerry Dowell asked that if this was approved for twenty acre parcels then
could this person further subdivide. Commissioner Ellison noted that person
would have to go through a lengthy process to do that. Jerry Dowell asked if this
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                                                                  DECEMBER 12, 2007
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was to get his foot in the door. He noted they could have acre lots out there.
Commissioner Eklund-Brown commented that it was overlaid with ten acre parcels
in the Master Plan. Commissioner Ellison noted they would have to go through
this process again and they may not get it. He felt water would not be an issue in
the near future. Jerry Dowell felt the roads, water, and utilities should be
considered before the size of the acreage during the approval of the subdivision.
Commissioner Eklund-Brown inquired if he would invest in a road, water and
utilities to not have the subdivision approved. Commissioner Ellison noted this
was the first step of the process.
        Kevin Madigan stated he owned property on Lookout Drive adjacent to that
property. He did not want to see more traffic funneled onto that secondary Spring
Creek road. He felt that should be funneled out to the Lamoille Highway.
Commissioner Ellison stated that when they further subdivide that would have to
be addressed.
        Commissioner Ellison noted in the past if someone had objected to
subdivision; they would not be living there on ten acre parcels. He noted that this
was the first step to subdivide and they may not be able to subdivide to smaller
parcels. Kevin Madigan stated that there were other properties further up on the
hill and felt there would be further subdivision in the future. Commissioner Eklund-
Brown noted that was happening throughout the West.
        Commissioner Eklund-Brown asked that with this Order supposedly in effect
denying domestic wells and with their Master Plan; how would the State Engineer
address it or would the County Planning Department address that. Randy Brown
stated that Order applied to certificated water rights and did not apply to domestic
wells. He stated a domestic well was an implied right of a property owner to drill a
well for domestic purposes on his property for domestic uses. He stated the
designation in this valley was for municipal, domestic and commercial uses. He
stated that there were no longer any other designations in this basin for
agricultural uses. Commissioner Eklund-Brown stated when they spoke about the
Master Plan they only want specific language with regards to the Jiggs, Ten-Mile,
Western Hills and South Fork area. She inquired if they wanted specific language
in this segment. Randy Brown noted that South Fork was a very small basin and
the perennial yield was combined with a portion of the Dixie Creek, Tenmile
Huntington Valley. They stated that there were only 7,000 acre feet coming into
that basin as perennial yield per year. He stated they were looking at the South
Fork as a small basin and stated they needed to restrict it. Randy Brown stated
when they did the Spring Creek/Lamoille Master Plan they gave it to the State
Engineer and ran into the same situation. Ken Wellington encouraged them to
contact the State Engineer’s Office and speak to Sam to verify the Order.
Commissioner Eklund-Brown noted that the Dixie Creek and Tenmile areas were
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   32
two different areas. Ken Wellington stated that if Mr. Gavern came up with a
sufficient water plan then he would support the parceling. He stated this basin
was the Dixie Creek-Tenmile Basin where the water starts and runs down through
the Humboldt down to the South Fork. He noted the Spring Creek area was the
upper part of the basin and noted the Order spoke of the summer demand from
the Spring Creek water utilities and the difficulties to meet the summer demand
due to the water yield from the wells.
       Kristin McQueary read into record a portion of the 1996 Order as follows:
“NOW THEREFORE, it is ordered that, with the following exceptions, applications
filed to appropriate water from the groundwater source within that portion of the
Dixie Creek-Tenmile Creek Area Groundwater Basin described below, will be
denied.” She noted down below were the legal descriptions. She stated on the
second page it stated the exceptions: “EXCEPTIONS: 1. Those applications for
any purpose except irrigation which seek to appropriate 4,000 gallons per day or
less. 2. Those applications for environmental permits filed pursuant to NRS
533.437. 3. Those applications filed for water from the geothermal aquifer”. Ken
Wellington noted the individual from the State Water Engineer’s Office had given
him his name and number for them to call. He was told that section only referred
to irrigation. He noted that the State Engineer had given him this opinion
yesterday. Kristin McQueary commented that the Order stated “1. Those
applications for any purpose except irrigation....”
       Commissioner Ellison inquired of Kristin McQueary if the domestic wells
could be drilled in that area. Kristin McQueary stated in looking at the description
in the appeal this area was part of a prior parcel map. She believed that there
would be some increased parcel map issues depending upon how they decide to
develop it. She stated it would be second or subsequent parcel map so it would
have to go through the parcel map process. She stated that if he developed via
the parcel map process and depending when they get the parcel map in, it would
go through the State Engineer’s procedure under the SB 275. She stated they
may or may not require it depending upon the State Engineer’s requirements for
the different hydrographic basins. She noted they do not know the requirements
at this time.
       Robert Wines introduced Rick Gavern for the record.
       Rick Gavern stated he owned the land and had been a taxpayer since 1994.
       Commissioner Russell commented that they had discussed several issues
but the size did not seem to be the problem. It was not an issue. He stated the
overlay was 10 acres on the Master Plan. He stated in looking at the use of the
Spring Creek utilities it seemed logical that the landowner would be required to go
through the Spring Creek utilities to get water. He stated that was assuming the
Spring Creek utilities would raise their level of service up to the level where they
                                                            ELKO COUNTY COMMISSION
                                                                    REGULAR SESSION
                                                                   DECEMBER 12, 2007
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could provide water; the rough estimate was $140,000 to extend the line. He
believed that the owner would probably go quickly to 10 acre parcels to recoup his
$140,000, if the topography allowed him to do that. Commissioner Russell stated
that if there were four parcels and six trips per parcel then that would be 24
automobiles on the road. He believed there would be stipulations on the quality of
the roads. He stated that if it went to 10 acre parcels the traffic may be more
detrimental to the road. Commissioner Russell stated the intersection would be a
difficult issue but it would be addressed in subsequent procedures with the
Planning Department. Commissioner Russell felt that the developer should work
out some kind of arrangements with Spring Creek utilities because of the common
good and because it was drainage. He felt that the Spring Creek utilities should
provide adequate water for those residents in Spring Creek. He noted the Public
Utilities Commission had pushed them in that direction. He noted the utilities
company had been doing some improvements. Commissioner Russell felt it
would be better to manage the water in a larger management system rather than
domestic wells in the middle of Spring Creek. He stated that as water flowed
down through that drainage it would impact the Marina and agricultural users.
Commissioner Russell stated the Commission could approve the map but the
owner still had to go to the State Water Engineer to get approval to put in a well.
        Commissioner Eklund-Brown noted this conformed to the Master Plan. She
stated that there may be additional requirements imposed. Commissioner Eklund-
Brown stated domestic wells were the least amount of water used within any type
of use. Therefore, four domestic wells were minimum use even in a drainage
area. She stated they hoped that Mr. Plume, of USGS, would show the County
would have more water available in that area. She noted that Order was not in
effect to restrict domestic wells. She noted the property owner could still obtain
water rights or hook into the Spring Creek utilities but that was not their decision.
Commissioner Eklund-Brown stated she was in favor of the zone change because
it conformed to the Master Plan and private property rights. She noted that it was
done all over the valley. Commissioner Eklund-Brown stated the property owners
would pay fees to Spring Creek for the usage of Spring Creek roads.
        Commissioner Russell asked that Kristin McQueary clarify what action they
would be taking. Kristin McQueary noted the tie vote resulted in a denial at the
Planning Commission. She stated that if they wished to overrule the Planning
Commission and grant the zone change they would overrule the Planning
Commission. If they wished to deny the zone change, the Commission would
affirm the Planning Commission’s decision.
        MOTION: Commissioner Russell moved that they overrule the
                   Planning Commission and approve the zoning change as
                   presented. The reasons were that this zoning change would
ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
PAGE   34
                not seriously impact the traffic, which could be adjusted for.
                The water issue was an issue and they would like voluntary,
                compliance from the developer or the property owner. It
                was a decision by the State Water Engineer. The overlay
                size was 10 acres so the 20 acres was just fine.
                Commissioner Eklund-Brown seconded the motion. The
                motion was passed by majority vote.           Commissioners
                Russell, Eklund-Brown, Nannini and Ellison voted aye.
                Commissioner Myers abstained from voting. The motion
                was passed by majority vote

      Chairman Ellison called a recess at 5:19 p.m. and reconvened the meeting
at 5:23 p.m.

XXI. ELKO COUNTY CODE:
     A.   In accordance with Notice 58-2007, conduct a Public Hearing on the
Second Reading of ORDINANCE 04-2007, entitled: AN ORDINANCE RAISING
THE ELKO COUNTY MOTOR VEHICLE FUEL TAX – ELKO COUNTY CODE
SECTION 6-10-2 FROM FOUR CENTS ($.04) PER GALLON TO A TOTAL OF
SIX AND ONE-HALF CENTS ($.065) PER GALLON, AND ALL OTHER
MATTERS PROPERLY RELATED THERETO.
     No public comment was submitted.
     MOTION: Commissioner Myers moved to approve the Second
                Reading of Ordinance 04-2007, entitled: AN ORDINANCE
                RAISING THE ELKO COUNTY MOTOR VEHICLE FUEL TAX –
                ELKO COUNTY CODE SECTION 6-10-2 FROM FOUR CENTS
                ($.04) PER GALLON TO A TOTAL OF SIX AND ONE-HALF
                CENTS ($.065) PER GALLON, AND ALL OTHER MATTERS
                PROPERLY RELATED THERETO. Commissioner Russell
                seconded the motion. Commissioners Russell, Myers,
                Eklund-Brown and Ellison voted aye.           Commissioner
                Nannini voted nay. The motion was passed by majority vote.

     B.     First Reading of ORDINANCE 05-2007, entitled: AN ORDINANCE
AMENDING TITLE 7, CHAPTER 1, SECTION 9 TO CORRECT A
TYPOGRAPHICAL ERROR, CHANGING “FORCE OF VIOLENCE” TO “FORCE
OR VIOLENCE,” AND ALL OTHER MATTERS PROPERLY RELATED
THERETO.
     Kristin McQueary stated this correction would make it consistent with state
law.
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                                                                 REGULAR SESSION
                                                                DECEMBER 12, 2007
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     Chairman Ellison called for public comment. No public comment was
submitted.
     MOTION: Commissioner Nannini moved to approve the First Reading
              of ORDINANCE NO. 05-2007, entitled: AN ORDINANCE
              AMENDING TITLE 7, CHAPTER 1, SECTION 9, TO CORRECT
              A TYPOGRAPHICAL ERROR, CHANGING “FORCE OF
              VIOLENCE” TO “FORCE OR VIOLENCE,” AND ALL OTHER
              MATTERS PROPERLY RELATED THERETO. Commissioner
              Myers seconded the motion. The motion was passed
              unanimously.

XXVIII.    ADJOURNMENT:
           MOTION: Commissioner Ellison moved to adjourn the meeting.
                      Commissioner Myers seconded the motion.              The
                      motion was passed by majority vote.
     There being no further business to come before the Board, the meeting was
adjourned.
                                 APPROVED
                                       JOHN ELLISON, Chairman
ATTEST:
     MARILYN TIPTON, Deputy Clerk




ELKO COUNTY COMMISSION
REGULAR SESSION
DECEMBER 12, 2007
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