STATE OF NEVADA_ _ by wulinqing


									STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.                                          APRIL 19, 2006

The Board of Elko County Commissioners met on April 19, 2006, at 9:00 a.m., in
Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present:    County Commissioners        Warren Russell, Chair
                                                   John Ellison
                                                   Mike Nannini
                                                   Charlie Myers
                                                   Sheri Eklund-Brown
                       County Manager              Robert Stokes
                       CFO/Asst. Co. Mgr.          Cash Minor
                       Deputy District Attorney    Kristin McQueary
                       Deputy County Clerk         Marilyn Tipton
                       Sheriff’s Department:       Neil Harris
                                                   Bernie Curtis
                                                   Peggy Stewart
                       Ambulance Director          William Webb
                       Road Supervisor             Otis Tipton
                       Juvenile Department         Pat Plaster
                       Clerk’s Department:         Win Smith
                                                   Carol Fosmo
                       District Attorney           Gary Woodbury
                       Child Support               Carolyn Smith
                       Library Asst. Dir.          Laura Oki
                       Elko Justice of the Peace   Molly Leddy
                       Elko Justice Court          Frankie Correa
      The proceedings were as follows:
      Chairman Russell called the meeting to order at 9:05 a.m.
      Commissioner Nannini led the meeting participants in the Pledge of

     Tim Brown, Elko Sanitation, asked for consideration within the budget
regarding the hauling into the areas of Ruby Valley, Tuscarora, and Mountain City.
He stated because of the increase of fuel prices and operating expenses they had
                                                             ELKO COUNTY COMMISSION
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incurred a shortfall. Tim Brown stated when they raise the rates they lose some of
their customers. He reported that in Tuscarora they only have a few customers,
and in Ruby Valley they had 11 customers over a 60 mile road so they had a
$400.00 shortfall. Tim Brown asked the County to subsidize them through
mileage, or pay for some service out there to cover those costs, or they would
have to discontinue service to those areas. Tim Brown stated the service
supported itself up to Wildhorse but from that point up to Mountain City they lose
money in that area because of the lower rates. He stated in that area the
residential fees were $27.30 but it should be $39.00. He believed the commercial
rates should be raised by 20% more. Commissioner Eklund inquired if they had
gone to those communities and asked if they could pay those rates. Tim Brown
stated that the people who live in those areas cannot afford the increase.
       Commissioner Russell noted that this was comment period and they could
not take action at this time. Tim Brown stated Elko Sanitation could not assume
the costs for these areas.
       Commissioner Nannini noted that people in Ruby Valley and Shanty Town
have part-time homes and they cut this service off in the winter time. He stated
that usually you would be required to pay for year-around service. He believed
that they would have to go to mandatory garbage pickup to force the property
owners to pay that fee year-around because of that shortfall. Commissioner
Nannini stated a few years ago the Board placed a large container in that area
and everyone cancelled their home service and used the County container. He
stated now Tim only has six or eight customers in that area. He felt this should be
put on the agenda for mandatory service.
       Commissioner Russell asked that Commissioner Nannini, Commissioner
Myers and Kristin McQueary form a subcommittee and come back with
suggestions. Commissioner Myers commented that Tim Brown was the exclusive
service provider for the City of Elko but the City residents could still haul to the
dump. Commissioner Nannini understood that they may have the option of
granting a franchise to Tim Brown. Commissioner Russell asked Commissioner
Nannini to chair the subcommittee comprising of Commissioners Myers and
Nannini, Lynn Forsberg and Kristin McQueary.
       Tim Brown brought it to the attention of the Commissioners in 2004, the
Commission voted to bring back the contract for the Jackpot Transfer Station to
Elko County. He stated this year it was renewed without being brought back
before the Board for bid and it was renewed to an Idaho Company. Tim Brown
asked that the Commission look into the issue regarding the Jackpot Transfer
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PAGE   2
      June McMillen, representing the Arbor Day committee, stated on Friday,
April 28th, they would be planting trees by the landfill at about 3:30 p.m. She
invited them to attend the event.

      The Board presented a Certificate of Appreciation to Adella Harding,
Elko Daily Free Press, for her professionalism and dedication as she wrote the
news and events in our area during her long tenure with the Elko Daily Free
      MOTION: Commissioner Myers moved to present a Certificate of
                Appreciation to Adella Harding. Commissioner Ellison
                seconded the motion.            The motion was passed
      Commissioner Myers and Commissioner Nannini made the presentation.
      Adella Harding thanked everyone for providing easy access to her in
speaking with them to prepare her reports. She commented that she and her
husband were moving to Texas. The Board and staff expressed their appreciation
to her. They commended Adella upon her factual reporting and her attendance at
the many events within the County. June McMillen commented upon the times
she had conversed with Adella Harding and complimented Adella upon her factual
      The Board considered adoption of Proclamation 2006-E, entitled, A

     MOTION: Commissioner Myers moved to adopt Proclamation 2006-E,
             entitled:  A PROCLAMATION BY THE ELKO COUNTY
             “PROTECTING OUR COMMUNITIES.”           Commissioner
             Nannini seconded the motion.

     Commissioner Russell read the Proclamation into the record. Commissioner
Russell noted that Commissioner Ellison was the Vice Chairman of our Nevada
Association of Counties and was promoting the counties throughout the State.
                 The motion was passed unanimously.

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     The Board considered approval of Proclamation 2006-F entitled, A
     Commissioner Russell stated historically the identity of this individual would
remain anonymous until the banquet to be held on May 20, 2006 this year.
     MOTION: Commissioner Eklund-Brown moved to adopt Proclamation
                2006-F entitled: A PROCLAMATION BY THE ELKO COUNTY
                CITIZEN OF THE YEAR FOR 2006. Commissioner Nannini
                seconded the motion. The motion was passed unanimously.
      Commissioner Russell noted that Commissioner Eklund-Brown would be in
attendance at that presentation. Commissioner Eklund-Brown stated there would
be a weed pull held earlier that day.
      Commissioner Russell asked Commissioner Ellison to assume control of the

       Gary Woodbury stated the evidentiary hearing regarding the Jarbidge South
Canyon legal case was held on April 3 thru April 7, 2006. He reported Elko
County put on five witnesses. He stated that George Boucher testified upon
recent events from 1948 to present and commended George Boucher on his
spectacular memory. He stated that Bill Price gave the historical overview of all
the activity in the South Canyon that took place prior to January 20, 1909 which
was the drop dead date. Gary Woodbury stated Bill Price’s testimony was
extensive on the activity in that canyon. He reported that J. Wayne Burkhardt,
PhD., from Idaho testified for them with regards to sheep in the canyon. He noted
there was a figure of 392,000 sheep in the Jarbidge Canyon in 1906. Gary
Woodbury stated that they had a herder for each 2,000 sheep and a camp tender
for every 4 to 6 herders. It was testified that the grazing of sheep went from the
top to the bottom of the hill until noon and then they went back to the top of the
hill. Gary Woodbury stated Mike Price testified and gave a presentation with a 3-
D photograph of the canyon. He noted Mr. Price’s presentation showed it was a
natural course to travel through the South Canyon over the top to Mary’s River.
Gary Woodbury stated Mr. Price gave several profiles of how long it would take to
get from a given spot on Mary’s River Basin to the South Canyon by traveling
upon the several trails. Gary Woodbury noted the profile on the South Canyon
was the easiest, shortest and the fastest route. He commented that Cydnee
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PAGE   4
McMullen had a PhD in history and she confirmed the research methodology of
Bill Price. Gary Woodbury stated Cydnee McMullen was cross examined
       Commissioner Russell assumed control of the meeting.
       Gary Woodbury reported that the evidentiary hearing ended on April 7th and
they were directed to file briefs by June 7, 2006. He commented the Court
Reporter took a verbatim transcript. Gary Woodbury stated the United States put
on the testimony of Richard Wilson who was a historian. He stated Mr. Wilson
had prepared a report on South Canyon who had reached an opposite conclusion
of Bill Price. Gary Woodbury stated James Allen Muhn on behalf of the United
States gave a presentation about the agency view of RS 2477 of roads. Gary
Woodbury stated all the evidence was before the Judge. He reported that within
30 days they would receive a transcript of the hearing and then they would have
thirty days to write the brief for Elko County. Gary Woodbury noted the
environmental groups would also be allowed to file a brief. He stated by June 22,
2006, the Judge would have all the information to make his decision. Gary
Woodbury explained a standard of proof had to be met to show that the
Settlement Agreement was fair, adequate and reasonable. He believed in the
final analysis they have to show that the United States acted reasonably and they
acted in a way that satisfied the laws of the United States. Gary Woodbury
cautioned them that he spent most of their money. He stated George Boucher
was available for four days at the hearing. He reported that Bill Price remained
available for all five days of the hearing. He commented that Mike Price and Cyd
McMullen were only required for one day of testimony. Commissioner Eklund-
Brown understood that this hearing would prove the County’s RS 2477 status.
Gary Woodbury stated it was for both the RS 2477 and that the Settlement
Agreement was a valid document. He stated Judge Hagen was originally
concerned that the County did not have an RS 2477 so it was necessary to show
validity. Gary Woodbury stated George Boucher testimony was directed toward
the validity upon the statutes of limitation. Gary Woodbury commented the Judge
noted the United States Historian had neglected to talk about what the Mary’s
River would have looked like in 1909. Gary Woodbury noted that there was a
transcontinental railroad running through Deeth, Wells, and Elko in 1869. He
stated the earliest water right on the Mary’s River was filed 1878. Gary Woodbury
stated the Judge questioned the U.S. Historian about the shortest route from the
transcontinental railroad to get into the canyon. Commissioner Nannini inquired if
the governmental witnesses were on the County’s side and asked if they did their
best effort. Gary Woodbury stated that neither side put on all their evidence.
Gary Woodbury stated the Judge had allotted only five days to the hearing so the

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parties had made procedural concessions. Gary Woodbury stated the United
States cross examined the County’s witnesses but not extensively.
       Commissioner Ellison felt they put on a great defense and asked when they
would get a decision from the Judge. Gary Woodbury could not predict a date
because of the amount of information given to the Judge. He noted that the
Judge’s decision would have to survive an appeal to the Ninth Circuit. He
believed the Judge would be extremely careful in writing his decision.
Commissioner Ellison stated hypothetically if the Judge ruled in the County’s favor
was there a way to make the environmental groups accountable for the amount of
funding the County had expended for defending their rights. Gary Woodbury
would research that. He commented the road would be up there whether the
United States or the County owned it. Commissioner Eklund-Brown noted if the
Judge found the RS 2477 was valid, he may want to alter some of the verbiage in
the Settlement Agreement. Gary Woodbury stated some provisions of the
Settlement Agreement had become moot over the passage of time. He noted the
Judge also had to decide the statutes of limitation issue. Commissioner Eklund-
Brown inquired if the decision in the Tenth Circuit had any influence in the case.
Gary Woodbury felt it would play a major part. Commissioner Eklund-Brown
stated there was a teleconference with other western counties who were looking
at sending legislation to Congress on RS 2477. She believed that they could find
numerous partners for financial backing if they did have to go to Supreme Court.
Gary Woodbury stated they had spoken to the Mountain States Legal Foundation
several times and they may become involved in the future if the Commission
wanted to give up control over this litigation to one of those organizations.
Commissioner Russell thanked Gary Woodbury for his efforts. He noted that this
was not a conflict with the Forest Service.
       Commissioner Nannini thanked Kristin McQueary on her efforts. Kristin
McQueary stated the County owed George Boucher a great debt of gratitude.
She commented that George Boucher had notes from the meetings held in 1971.
Kristin McQueary stated George Boucher’s knowledge made it possible to pull all
the testimony together because he helped to interpret the maps, and plotted out
the Agreements. Gary Woodbury stated that they constructed the history of
Jarbidge that was phenomenal and the District Attorney’s Office wished a
transcript of the proceedings about Jarbidge be donated to the museum. He
stated that information was hard to come by. Commissioner Russell believed he
could approach the museum about a historical publication on Jarbidge.
       Commissioner Nannini commented that some of the individuals were paid
but a lot of people had lent their hands to this litigation. He suggested letters or
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PAGE   6
plaques be given to these five or six people in the defense of this issue. Kristin
McQueary stated that more than twenty people had worked on this. She had
discussed with Bill Price about having a trail ride over Mary’s River down into the
Pine Creek Campground to commemorate the occasion. Commissioner Russell
suggested they hold a barbeque. Commissioner Eklund-Brown commented that
Bob Vaught was moving to the Regional Office in Denver, Colorado. She stated
Bob had expressed to her that solving this case; going forward with the Settlement
Agreement and his relationship with Elko County was one of the highlights of his
career with the Forest Service. She believed they needed to do something for him
for his role in this.
      Robert Stokes noted that he had sat down with George Boucher and thanked
him for all his help. He stated George Boucher made it clear that he was a County
employee or the Manager for the County at the time of the circumstances and his
allegiance was completely with Elko County. He had informed Robert Stokes that
he relished the role of gathering this information. Robert Stokes stated George
Boucher had recently gathered more information for Kristin McQueary. He noted
that George Boucher had lived a lot of that history with the County.

     The Board considered approval of an internet sale of Treasurer Trustee
properties on May 26, 2006.
     Rebecca Erickson, Deputy Treasurer, asked for approval for their auction.
She stated Otis Tipton had taken off one item, No. 23 parcel, because there was
no road to that parcel.
     MOTION: Commissioner Ellison moved to approve an internet sale of
                 Treasurer Trustee properties on May 26, 2006.
                 Commissioner Myers seconded the motion.
      Commissioner Eklund-Brown stated Mike McCarty was looking for areas in
Ryndon for water tanks. Rebecca Erickson stated there were some other parcels
that were held in Treasurer’s Trust that were not included in this auction but they
had to go through the same notification procedure.
                 The motion was passed unanimously.
      Commissioner Ellison asked to be excused because of a conflict of interest
and departed the meeting room at 9:55 a.m.
      Commissioner Myers noted the present property owners have found a ranch
in Idaho. He reported that ECEDA currently had a site visit with a Canadian
company. Commissioner Myers had been informed from Elaine Barkdull that the
$500,000 was available in mid July from the State. Commissioner Eklund-Brown

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stated that Railroad Industries Inc., should have something in May. Commissioner
Myers noted the Union Pacific had switches waiting for them.
      Highway Chairman Myers called the Elko County Board of Highway
Commissioners to order at 9:57 a.m. and adjourned the meeting at 10:20
      Commissioner Ellison returned to the meeting room at 9:58 a.m.
      Chairman Russell recessed the regular meeting at 10:21 a.m. and
reconvened the meeting at 10:31 a.m.

       2006 PILT 30th Anniversary Fly-In – April 25-27, 2006 – Washington, DC
       The Board discussed the upcoming NACO Payment in Lieu of Taxes (PILT)
with Congress in Washington, DC. Elko County received PILT monies because of
the large amount of public non-taxable lands in our County. Commissioner Ellison
reported that thirty-six County Commissioners were chosen to attend the
conference. He stated Elko County was chosen to represent the State of Nevada
and they would fly out Monday night. Commissioner Ellison commented they had
received 1.73 million last year and the proposed budget was 2.2 million dollars.
However, the President wanted a 15% reduction in PILT. Cash Minor believed
that if the PILT remained the same it would be 1.7 million. He stated if the
President did the 15% reduction they would lose $260,000.00. Commissioner
Ellison commented that he and Cash Minor lobbied for PILT while they were in
Washington, D.C. Commissioner Russell noted that Nevada had the largest
amount of public lands within its borders but Nevada did not have a reasonable
share of PILT. Cash Minor stated because of the County’s budgeting practices
this reduction would not impact them until the 2008 budget. Commissioner Ellison
noted that some counties put it in their current budget. Robert Stokes felt they
could attribute that to the previous Commissioners and George Boucher who
started that budgeting practice of the holding the PILT from the previous year.
Robert Stokes noted they would receive interest upon that amount of PILT held
from the previous year but the real benefit was that they knew the actual amount
of funding available. Robert Stokes commented upon the amount of public lands
federally managed within County and that the County supported the PILT funding.
Commissioner Russell encouraged Commissioner Ellison to lobby for more PILT.
       MOTION: Commissioner          Eklund-Brown       moved     to    approve
                  Commissioner Ellison attending the 2006 PILT 30th
                  Anniversary Fly-In – April 25-27, 2006 – Washington, D.C.

APRIL 19, 2006
PAGE   8
                  Commissioner Myers seconded the motion. The motion
                  was passed unanimously.
      Robert Stokes noted Senators Ensign, Reid and Congressman Gibbons
supported their efforts in seeking proper funding for PILT coming back to the
counties. He noted they sent a letter of appreciation to the congressional
delegates for their support.

        The Board considered approval of a B.O.R.E. race event on the old landfill
site in Jackpot, Nevada. B.O.R.E seeks approval to use a portion of the old
landfill site in Jackpot, Nevada (Section 6, T.47, R.65E) for an annual race event
on July 1, 2006. Activities would not be on the reclaimed areas of the closed
landfill. B.O.R.E would provide the County a certificate of insurance as an
additionally insured. Robert Stokes noted this was annual request from the racing
association. He noted in the past the Jackpot Advisory Board had supported this
        MOTION: Commissioner Nannini moved to approve a B.O.R.E race
                    event on the old landfill site in Jackpot, Nevada.
                    Commissioner Eklund-Brown seconded the motion. The
                    motion was passed unanimously.

        Commissioner Nannini stated there was no update on the Metropolis
Irrigation Restoration Project. He commented that they were waiting for the State
funding. He noted the dam would have been full this year if it had been in place.

      Commissioner Russell stated the Humboldt River Basin Water Authority had
come up with a unique approach to stock water rights filed by the BLM. He stated
they had allocated $5,000 for a water rights attorney to develop criteria for filing
protests by individual counties that would be coming back to our group as well as
provide for individual counties. Commissioner Russell noted past restraints on the
BLM have not proved to be fruitful.
      Commissioner Eklund-Brown commented the State Engineer’s Office had
issued an opinion on the BLM’s water rights. She would like to coordinate their
resources with CNRWA so they do not duplicate their efforts on the water studies.
Commissioner Eklund-Brown stated the Nevada Cattlemen’s Association had
requested representation on the Humboldt River Basin Water Authority. Robert
Stokes inquired if the By-Laws would allow that appointment. Commissioner
Russell stated that the County could appoint three members to that board.
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Commissioner Eklund-Brown commented that presently it was Commissioners
Russell, Ellison and Jerry Parker. She asked that it be upon the next meeting
agenda. Commissioner Ellison had received a phone call from Humboldt County
and they would like to speak to Commissioner Russell and Commissioner Eklund-
Brown on some of the water issues. He stated the Water Planning Commission
wanted the two Commissioners present at their next meeting.
      Commissioner Russell noted he had received phone calls from people after
the County had filed for water rights. He stated the majority of the calls were from
ranchers who voiced their concern but after speaking with them they understood
the County was protecting their interests and the County was not a threat.

       The Board discussed water resource related issues to be brought up at the
April 26, 2006 S.C.R. 26 Water Resources Committee Meeting to be held here in
Elko, Nevada. Commissioner Russell stated he would be giving testimony as the
representative of Elko County. He commented that their interests with regards to
the Humboldt River Water Basin Authority and Central Nevada Regional Water
Authority had been previously given to this committee at the meeting in Ely. He
stated Commissioner Eklund-Brown had also represented Elko County’s interests
at that Ely meeting.
       Commissioner Russell would present an alternative option to the Water
Resource Committee with regards to when there was insufficient data to
determine comprehensively the recharge in a basin after water was taken from
that basin. He stated when there were agricultural or mining uses in a particular
basin there was a certain amount of recharge which occurred naturally.
Commissioner Russell felt that if they did not have a sufficient amount of data on a
specific basin then the State Engineer could issue a temporary water right permit
to an entity for drawdown to prevent that aquifer from being drained.
Commissioner Russell stated once a water right was given to a party it would be
difficult for the State Water Engineer to cut that water right off. However, the State
Water Engineer could reverse a temporary permit and he would have more
authority over a temporary permit. Commissioner Russell would like to present
that option to the committee on the 26th of April. Commissioner Ellison felt that if
they could not scientifically prove what the recharge was then it should be a denial
of the application. Commissioner Ellison noted that once a basin was drawn down
the damage was done. Commissioner Russell noted if an organization came in
and bought water rights that already existed then there was very little the State
Water Engineer could do. He believed in the unallocated basins the State
APRIL 19, 2006
PAGE   10
Engineer would have the most authority. Commissioner Russell commented that
the State Engineer had to adhere to the statutes and there was no authority given
to him to limit the water once a permanent water right permit was granted.
Commissioner Nannini voiced concern that if there was a drought, the recharge
may not happen. Commissioner Eklund-Brown noted that the U.S.G.S. usually
did studies, and in some years they have a surplus. She felt that issuance of a
temporary water right permit was a great idea.
      Commissioner Eklund-Brown noted the Southern Nevada Water Authority
had invested millions of dollars into the studies on the basins. However, those
studies were viewed as biased because they were paid by SNWA and generated
for them so they may or may not be objective studies. Commissioner Eklund-
Brown stated at the Ely meeting they encouraged continued funding for Senate
Bill 62 which were the studies to provide baseline data on water resource
inventory. She stated they encouraged further funding of the State Engineer’s
Office so that more assessments could be performed on a statewide basis.
Commissioner Eklund-Brown stated that she would like to attend the April 26th
meeting. Commissioner Russell noted that pipeline may be consumptive use with
no expectation of recharge. Commissioner Nannini inquired about upstream
storage during the drought years. Commissioner Russell noted the Humboldt
River Basin was completely allocated. He noted that the State would have to
change the allocation process for the storage of water. Commissioner Nannini
commented upon the overflow from the Rye Patch and the drainage into the sink
when people in Pershing were asking for storage. Commissioner Russell
commented there were topographical issues with storage of water in Elko County.
      Commissioner Eklund-Brown reported there was a rate increase of $10.00
per acre feet on the interbasin transfers per year but they were advocating fair
market value. It would be an offset for development in those counties.

      The Board considered approval of a letter of support for the BLM proposal to
sell 4061.68 acres of public lands located in Elko and Eureka Counties. The
parcels range in size from 40 to 663.34 acres. The proposed sale was scheduled
on July 12, 2006 at the BLM Elko Field Office in Elko, Nevada. The comment
period ended May 5, 2006.
      Robert Stokes stated in 2001 the BLM had identified 1000 acres in the Elko
BLM District, and in the past Elko County had supported these sales.
      MOTION: Commissioner Myers moved to approve a letter of support
                 for the BLM proposal to sell 4061.68 acres of public lands
                 located in Elko and Eureka Counties.               Commissioner
                 Nannini seconded the motion. The motion was passed
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      Mountain City Ranger District:
      The Board considered confirmation of comments on the proposed action on
the Gance Creek Culvert Replacement Project which would involve the
replacement of two culverts originally installed in the 1970’s. The project’s
purpose was to retain and increase habitat available for fish, restore aquatic
habitat and continue to allow safe access to the southern end of the
Independence Range. The Commission approved support for this project earlier
this year during the public scoping process. Comment period ends April 27, 2006.
      Robert Stokes stated they sent a letter of support in February but this was
the actual notice of proposed action. He felt they should respond each time.
      MOTION: Commissioner Ellison moved to send a letter of support on
                   the proposed action on the Gance Creek Culvert
                   Replacement Project. Commissioner Nannini seconded the
                   motion. The motion was passed unanimously.

      Ruby Mountains-Jarbidge Ranger Districts:
      Shantytown Fire Re-Seeding Project:
      The Board considered submitting comments on the proposed action on the
Shantytown Fire Re-Seeding Project that would involve re-seeding 925 acres of
the 1979 Shantytown Fire area to improve habitat quality for wildlife species.
Comment period ends April 24, 2006.
      Commissioner Eklund-Brown commented that the Nevada Cattlemen’s
Association was concerned. She stated the reseeding of the crested wheat was
very successful. She stated the Cattlemen’s Association felt that there would be
degradation of the established grass in order to establish brush for the mule deer
and wildlife use. Commissioner Eklund-Brown noted the Nevada Cattlemen’s
Association did not have a problem with the planting but felt there may be some
loss of grazing and it could help to reestablish cheat grass.
      Paul Flanagan, District Ranger, stated the crested wheat grass dominated
that area since 1979 so they would do some chaining and seeding and some
herbicide application in the spring of 2007. He stated the first stage was 335
acres to extend to 2013. Paul Flanagan stated this was an experimental approach
with the combination of herbicides and chaining. He stated there would be fixed
plots to be monitored over a period of time. Paul Flanagan stated the Humboldt
National Management Plan directed them to manage the Rubies specifically in
APRIL 19, 2006
PAGE   12
certain areas for key mule deer habitat in 1986. He reported there was a fire in
1979 and the crested wheat grass has shown to be a dominant species. He
stated that they were dismayed with the lack of natural species. Paul Flanagan
stated there was very little sage brush, antelope bitter brush, etc., to come back in.
Paul Flanagan stated they had worked closely with the Duvals and in 2007 they
would modify the rotation in the area. He stated in 2008 and beyond they would
make every attempt to help the Duvals out in terms of additional fencing, pay
riders to drive the cattle out a couple of times a week. He noted the cattle
utilization was 50% in the area they selected because there was no water. Paul
Flanagan had spoken to Rachael Buzzetti of the Cattlemen’s Association about
this action. He stated they would take care of the Duvals and this would not
impact them. Paul Flanagan noted that the Forest Service’s long term goal was to
reestablish the native vegetation. He stated historically it was one of the most
important winter range sites for mule deer in the State of Nevada.
       Steve Foree, Nevada Department of Wildlife, stated they proposed the
project. He stated they were working through the Forest Service because it was
federally administered lands. He stated it was his approach to reestablish some of
the native component. Steve Foree stated he had helped fight the fire in 1979 and
wanted to inter seed the area with some native shrubs. Steve Foree stated it was
seeded so heavily with exotic weed grasses that it competed against anything
they wanted to put in. He stated their whole goal on that 11,000 burn acre was to
work in a 1,500 acre portion of that to reestablish some native communities. He
stated in the past it was a huge winter range for the Ruby Mountain deer herd.
       Commissioner Russell suggested a recess after this item and then they
could start the budget at 1:30 p.m. so the staff did not have to wait.
       Commissioner Myers noted there may be apprehension from the agricultural
group but encouraged the support of the Commission. He stated they needed to
establish some native ground out there. He felt that might help reestablish the
mule deer herd in that area. Commissioner Myers recommended they send a
letter of support.
                   Commissioner Ellison seconded the motion.
       Commissioner Ellison stated he was in favor of reseeding a burn area
immediately. He inquired if they would reseed with native seed and crested
wheat. Steve Foree stated they would go back in with native species and once
they were established they would not be off limits to livestock either. He stated
they need to get a native component back. Steve Foree stated cattle would take
bitterbrush in the late summer but they would not go after the sagebrush.
Commissioner Nannini commented that this Commission had worked on this
project for years.

                                                                ELKO COUNTY COMMISSION
                                                                       REGULAR SESSION
                                                                          APRIL 19, 2006
                                                                                PAGE   13
       Commissioner Russell requested clarification that they were reseeding 925
acres and inquired if that was the total acreage in their project. Paul Flanagan
stated the 935 acres was proposed at this point. He stated in the next twelve
months they would do a project of 335,000 acres. He stated they would not do the
total burn because it was upon steep land. Commissioner Russell inquired how
much of the 939 acres dealt with the Duval’s allotment. Steve Foree stated 2/3 of
it would involve the Duval’s allotment. Commissioner Russell inquired if the
Forest Service had worked this out with the Duvals and asked if the Duvals were
happy with the arrangement and received an affirmative response. Commissioner
Russell inquired if there were other allotments that would be impacted. Paul
Flanagan stated that there were some other allotments but there would be a
minimum impact to the area because of the terrain. Steve Foree stated that it was
used on a rotational process. He stated the 7H Ranch used the north end on a
rotational basis. Commissioner Russell inquired if Steve had conversations with
Jack and Terry on this and received an affirmative response. Steve Foree stated
they would never get rid of all the crested wheat.
       Commissioner Eklund-Brown commented that she was an advocate for
multiple uses on the lands. She noted from the 2005 burns the allotments would
be rested for two years. Commissioner Eklund-Brown stated there could be a 3 to
9 year period closure of allotments based on bitterroot and native species
reestablishment.     Commissioner Eklund-Brown stated from the burns the
cattlemen had lost 2,500 AUMs which was substantial to any rancher. She
encouraged the federal agencies and NDOW to find alternative allotments for
these ranchers. She hoped that they coordinate these efforts with the cattlemen
to keep this viable industry in the County. Steve Foree stated there were options
such as temporary electric fencing until the area was established.
       MOTION: Commissioner Myers moved to submit a letter of approval
                  on the Shantytown Fire Re-Seeding Project that would
                  involve re-seeding 925 acres of the 1979 Shantytown Fire
                  area to improve habitat quality for wildlife species.
                  Commissioner Ellison seconded the motion. The motion
                  was passed unanimously.

      Pennsylvania Hill Underground Powerline Project:
      The Board considered submitting comments on the proposed action of the
Pennsylvania Hill Underground Powerline Project that would provide electrical
power to the Pennsylvania Hill Communications Site that was utilized by both the
State and Elko County for emergency service communications. Comment period
APRIL 19, 2006
PAGE   14
ends May 7, 2006. Robert Stokes stated they previously wrote a letter in May or
June of last year during the scoping process. He stated this would install 3.25
miles of wiring to the communication site.
      MOTION: Commissioner Myers moved to submit a letter of support on
                   the Pennsylvania Hill Underground Powerline Project.
                   Commissioner Eklund-Brown seconded the motion.
      Commissioner Russell inquired if there was any public comment. No public
comments were submitted.
                   The motion was passed unanimously.
      Commissioner Eklund-Brown commended the Forest Service because there
would be a minimum impact with the underground line. Commissioner Nannini
inquired about the cost of installing the line. Paul Flanagan stated Dan Dallas
could get them that information

      The Board considered approval of Resolution 06-2006, entitled: A
EFFECTIVE DATE HEREOF.              The medium-term financing ordinance was
authorized on April 5, 2006 for financing of the railport property and vehicles for
law enforcement and other departments.
      Commissioner Ellison left the meeting room at 11:24 p.m. due to a conflict of
      Cash Minor noted the lowest bidder on the financing requested that they
also be the paying agent. He explained the original ordinance did not include that
so they were adding that by this Resolution. Commissioner Eklund-Brown
inquired why they would list them as paying agent instead of Elko County. Cash
Minor stated sometimes it was easier to deposit the money outside of the County
and for them to pay the bond holders. Commissioner Eklund-Brown inquired when
the closing would be and received the response of April 25, 2006.
      Commissioner Myers disclosed that the Zions National Bank may be the
paying agent who was the parent agent for the company that his wife worked for.
He stated there was no pecuniary interest and he felt he could still vote.
      MOTION: Commissioner Myers moved to approve Resolution No. 06-
                 2006, entitled:         A RESOLUTION APPOINTING A
                                                              ELKO COUNTY COMMISSION
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                                                                        APRIL 19, 2006
                                                                              PAGE   15
                 THE EFFECTIVE DATE HEREOF. Commissioner Eklund-
                 Brown seconded the motion. The motion was passed by
                 majority vote. Commissioner Ellison was absent during the
        Commissioner Ellison returned to the meeting room.

       First reading of Ordinance 02-2006 entitled, AN ORDINANCE AMENDING
       Robert Stokes reported that staff was working on some issues and asked
that this item be tabled.
       MOTION: Commissioner Myers moved to table this issue.
                   Commissioner Ellison seconded the motion. The motion
                   was passed unanimously.

            May 3 & 4, 2006 – 1:30 p.m. – Elko – Courthouse
            May 15, 2006 – 4:00 p.m. – Final Budget Adoption -- Elko –
            May 17, 2006 – 9:00 a.m. – Elko – Courthouse
            June 7 & 8, 2006 – 1:30 p.m. – Elko – Courthouse
            June 21, 2006 – 9:00 a.m. – Elko – Courthouse
            July 6, 2006 -- 10:00 a.m. – Elko – Courthouse
            No meeting July 5, 2006
     Commissioner Ellison stated he had a meeting scheduled on the 16th of
May. Several Board members responded that they would be present that date.
Therefore, the May 15th meeting date was not changed.
     MOTION: Commissioner Myers moved to approve the Commission
                  meeting calendar. Commissioner Eklund-Brown seconded
                  the motion. The motion was passed unanimously.

    The Board did not discuss the correspondence and notices received by the

APRIL 19, 2006
PAGE   16
      Presentation and review of claims for approval
      Review and approval of travel requests that may be pending.
      Human Services Department:
      Approval of step increases for Sheriff’s Employee Association Bargaining
      Unit, effective April 1, 2006: Peter Turner and David Winstead
      Fiscal Affairs:
      Consideration of approval of Resolution 07-2006, entitled:              A
      Cash Minor stated currently there was a stand alone collections checking
account that they wrote checks out to the various agencies to receive the money.
He stated this would reassign it to an agency fund within the County’s General
Fund and would eliminate another checking account.
      MOTION: Commissioner Myers moved to approve the Consent
                   Agenda with claims, travel, the step increases for the
                   Sheriff’s Department and Resolution No. 07-2006.
                   Commissioner Eklund-Brown seconded the motion.
      Commissioner Eklund-Brown inquired if the small checking accounts were
being resolved. Cash Minor stated they were being monitored. He stated the
Sheriff’s Office had several accounts and some were in the Juvenile Department
that they did not have any control over those accounts. Cash Minor explained
some of the checking accounts were not related to the County and contained
funds from some activity within their department.
                        The motion was passed unanimously.

      Commissioner Eklund-Brown noted she would do the radio program today
and asked if there was anything additional they would like to announce.
      Commissioner Ellison noted Commissioner Russell and Robert Stokes
would represent the County at the Blue Ribbon Task Force meeting to be held on
the 27th of April at the Great Basin College. Robert Stokes noted all the rest of the
Board members would be out of town and could not attend the meeting.
Commissioner Russell stated the Blue Ribbon Committee would discuss the future
of the highways and roads throughout Nevada. Robert Stokes stated a quorum
agenda had been posted for the RTC Commission because both Mayor Franzoia
and Chairman Russell sat upon that commission.
      Commissioner Ellison stated he would be in Reno for the hearing on the 27th
of April. Commissioner Myers inquired if NACO was paying for the travel
expense. Commissioner Eklund-Brown noted NACO was only paying $250.00 for

                                                               ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         APRIL 19, 2006
                                                                               PAGE   17
the flight into Washington. Commissioner Ellison noted the meeting on April 28th
would be for Nevadaworks and they would discuss the budget and salaries.
       Robert Stokes commented that the testimony to the legislative committee
was useful. Bill Webb explained that they gave a report to the legislative body on
the transportation and the EMTs in rural Nevada. He stated Bill 124 was
suggested which would allocate $5.00 on each ticket to go to rural EMS. Bill
Webb stated they had asked that fee to be reinstituted for the coming year. He
had also brought up a FEMA program which they had coordinated with DEM in the
office of the EMS in 1978. Bill Webb stated it was a match type program with the
State and he suggested a 75/25 match on the equipment. He thanked
Commissioner Russell and Cash Minor for their attendance at that meeting.
       Ruby Mountains-Jarbidge Ranger Districts:
       Shantytown Fire Re-Seeding Project (Continued):
       Commissioner Russell stated the Board had taken action to submit
comments on the proposed action on the Shantytown Fire Re-Seeding Project.
       Preston Wright, Nevada Cattlemen’s Association, inquired how they voted.
Commissioner Myers stated they voted to support the project. Preston Wright had
just spoken to Steve Foree and Paul Flanagan. He stated they did not have any
specific concern other than they wanted to make sure there would be a minimal
impact to the permittees. Preston Wright stated there were raised eyebrows at the
thought of killing a perennial grass stand and potentially exposing a lot of ground
to invasion of cheat grass. He commented that crested wheat was non native but
if they go far back enough they were all non native. Commissioner Russell noted
he had questioned them about the impact to the individual permittees and the
amount of consultation with the permittees. He had received the affirmation that
the Forest Service and NDOW had contacted the permittees and there was
agreement with their mitigation of those situations. Preston Wright stated the
permittees had not discussed this with the Cattlemen’s Association. He felt that
they could use those cattle early in the season to suppress the cheat grasses and
help those shrubs get established. Preston Wright stated he would rather see that
type of use rather than an actual closure. Commissioner Eklund-Brown stated she
had relayed the concerns brought forward by Boyd Spratling.               She had
encouraged the federal agencies on the burn areas to look at enclosure or
temporary fencing instead of shutting off an allotment for the possibility of nine
years. Commissioner Eklund-Brown stated there was a tremendous loss of AUMs
from the 2005 burns. She stated they would put a lot of livestock operators out of
business if they went the full nine years. Commissioner Eklund-Brown reviewed

APRIL 19, 2006
PAGE   18
the closure of Mary’s River. Preston Wright stated that was a riparian closure. He
felt that closure of nine years for a burn would be an ecological disaster.
       Preston Wright stated they had a long discussion about Squaw Valley and
Eleventh Mile this spring. He commented that they were to take 1,100 AUMs off
of the Eleventh Mile Allotment. He stated there was 15,000 acres in that allotment
which had an AUM per acre in cheat grass. He stated the cheat grass choked out
everything else and it was not feeding any animals. Preston Wright explained that
if they used that allotment earlier in the season and keep it cleaned off then they
would do better than resting it.
       Commissioner Eklund-Brown commented that the County had just received
a copy of Western Watersheds’ response to some of the fire closures. She found
it interesting that Western Watershed had objected to fire closures that would take
cattle off of the land, which was their objective. Preston Wright commented that
the wildlife and the livestock would go to the burns. Preston Wright questioned
why they would close those burn areas until it became something less desirable.
       Commissioner Russell commented that Commissioner Brown had informed
them that the National Cattlemen’s Association requested representation on the
Humboldt River Water Basin Authority. Chairman Russell requested that they
submit their candidates for that position within the next two weeks so it could be
on the next meeting agenda. Preston Wright inquired if that would be a voting
member on that Board. Commissioner Russell stated they had sitting members
but they would discuss this with those sitting members on that board.
       Chairman Russell called a recess for lunch at 11:50 a.m., and reconvened
the meeting at 1:30 p.m.

       Debbie Armuth gave an update on revenue projections including but not
limited to Advalorem Tax, Consolidated Tax, Fines & Forfeits and other revenue
       Debbie Armuth stated the City of West Wendover was considering raising
their tax rate. She noted the County was generating new revenue but she did not
know if the new construction had generated that revenue. Debbie Armuth had
questioned the Department of Taxation with regards to figuring one cent of tax per
entity but had not received any response yet. She stated within the last budget
there was a decrease in the advalorem for the operating funds. However, each
taxing entity had to absorb their portion of the abatement. Debbie Armuth stated
there were several tax rates which they had to pay out regardless if there was
abatement. Commissioner Ellison inquired if West Wendover would be staying
within their 6% allowed and received an affirmative response. Cash Minor stated
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                                                                        APRIL 19, 2006
                                                                              PAGE   19
they had been running on their maximum operating rate allowed. Debbie Armuth
noted based on the rate forecast it would only generate an additional $100.00 for
them. She stated the Department of Taxation was receiving more projections
from all the entities to determine their forecast.
       Cash Minor provided them with an eleven year analysis of Justice Courts.
He commented that the analysis showed the revenues and the expenses and the
percentage of change per fiscal year. Cash Minor noted that in the majority of the
courts the revenues did not cover their expenses.
       Commissioner Ellison inquired about the impact from the Court closures.
Cash Minor commented that in the past they had closed three courts, Mountain
City, Jarbidge and Montello but within two of those Courts the County was
required to pay the Judges’ salaries until December 3, 2006. Cash Minor
explained there was no justification for expenses and operational costs so they
had consolidated those Courts to Carlin, Elko, Jackpot, Wells, and Wendover.
Cash Minor explained the County would see a cost recovery of $40,000 after
December from the court closures. Commissioner Eklund-Brown inquired why
Elko Justice Court operated at a loss compared to the other courts. Cash Minor
believed that was due to the trial expenses. He commented that there was 4.4
million spent in Elko for trials from 1998 through April 10, 2006. He understood
that all of the civil work was performed out of Elko Justice Court rather than in the
outlying courts. Commissioner Eklund-Brown noted that amount would be more if
the trials were held in the outlying areas because of the personnel having to travel
to that Court’s location. Cash Minor noted that judges sit upon their trial but the
trial was held in the Elko County Justice Courtroom. Commissioner Ellison
inquired if the City reimbursed the County for their trials. Cash Minor reviewed
page 6 which displayed the Municipal Court reimbursements. Commissioner
Eklund-Brown inquired if the City of Elko was the only Court that reimbursed the
County. Debbie Armuth explained the other Courts pay for their own Clerks and

       Commissioner Russell commented that the Budget Committee had
presented a balanced budget. Therefore, if they wish to award something to
another department they would have to take from another department.
       Commissioner Myers commented that the County was growing which meant
that the services were growing. He stated they realized that the departments were
stretched to the limit. Commissioner Myers stated they offered options to address
everyone’s issues and needs.
APRIL 19, 2006
PAGE   20
      Debbie Armuth reviewed the additional revenues generated from ad valorem
taxes, PILT and the Jail Special Revenue Fund. She had included a list of the
recommended expenses within the handout. Debbie Armuth commented that
there was approximately $364,000 more in positions added. They had addressed
the issue with the auto gas/oil by adding 25% to the line item requests. Debbie
Armuth reviewed the following requests: the contractual attorney in the District
Attorney’s Office; the Central Dispatch cost, the increase to the jail meals, costs
for additional training of NDF volunteers, and the costs for jail operations.
Commissioner Eklund-Brown asked about reimbursement from the prisoners.
Sheriff Harris stated two years ago Kristin McQueary did a study of what they
would have to do to collect costs from jail inmates which had been sentenced. He
stated that would have to go through Justice Court and a collection process would
have to be established. He commented that there would have to be a study
performed to determine which inmates would be able to pay. Sheriff Harris stated
that procedure was regulated by statute. Cash Minor noted if the County was
awarded the Judgment and the inmate refused to pay then the County would have
to go through a civil process to collect.
      Debbie Armuth noted there was a $120,000 deficit in funding all of these
      Debbie Armuth reviewed the requests approved in the tentative budget. She
noted there was one specific change wherein the Elko Justice Court
recommended that some of their part-time wages be used as an offset to a full-
time position. Commissioner Myers stated they had two part-time employees and
they wished to have a full-time employee. Commissioner Myers clarified the
committee recommended that one of the part-time positions be moved to a full
time position rather than have two part-time positions.
      Commissioner Ellison questioned whether they could get a person for the
Buildings and Grounds position with the suggested salary. Commissioner Myers
noted that included the benefits. Commissioner Myers felt they would advertise
that position as a certified electrician with general maintenance experience.
      Debbie Armuth stated with regards to the requests from the Assessor, the
Child Support Division and the Sheriff for additional staff there was insufficient
funding. She reviewed funding options: 1) Fund all three positions but they would
not come on board until January 1, 2007. 2) Fund child support receptionist and
the Assessor’s appraiser position in January and fund the Sheriff’s deputy in
October 1, 2006.           Commissioner Myers stated the Budget Committee
recommended a control room tech, a jail deputy and two deputies for patrol. He
stated one option was to address one of those two deputys’ positions now and
address the other two positions when funding was available. Commissioner
                                                              ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                        APRIL 19, 2006
                                                                              PAGE   21
Myers stated that would bring on a Deputy on the first of October or the first of
January. Commissioner Russell inquired where the funding would come from to
fund all three positions. He preferred the Deputy coming on in October 1, 2006
and the other two positions coming on at the 1st of January. Commissioner
Russell stated later in the year they could project more funding and would like to
review the requests later in the year.
      Commissioner Eklund-Brown commented that they would be bringing on
eighteen new personnel. Commissioner Ellison voiced concern that they may
have to do a recap similar to three years ago. He believed they were putting on a
lot of people in this year. Commissioner Russell felt there was a little bit of
recovery from that particular period of time. He stated the departments had been
working very hard to accomplish the services with the personnel they had.
Commissioner Russell stated the revenue stream may have irregularities in the
future but they would continue to operate in the best possible way. Commissioner
Myers noted the County was growing and there were business ventures going on
now. Commissioner Eklund-Brown commented there were eleven new positions,
with the rest being contractual or part-time. She understood that crime was up
and it was within the Court system they were seeing the request for more
personnel. She stated growth affected every department within the County.
      Debbie Armuth stated $431,000 in personnel requests was not funded. She
reported that they had funded over a total of $600,000 for personnel requests.
Commissioner Myers reviewed the East Line Justice Court personnel request. He
stated the recommendation was to take that position and let the City of Wendover
fund it. However, the Budget Committee recommended that the part-time County
position remain a part-time County employee. Debbie Armuth had spoken to
Judge Grant, who was unable to be present today, about the County employee in
that position. She stated Judge Grant had suggested an Interlocal Agreement and
Judge Grant had indicated the employee was okay with doing that. Debbie
Armuth noted the Judge had asked that this be looked at further down the road.
Commissioner Myers felt that if they had an Interlocal Agreement in hand they
might have considered it. He hoped that by next budget season they would have
a document to look at. Commissioner Eklund-Brown inquired if that employee
was for both courts. Debbie Armuth clarified it was a full time employee for the
County. Debbie Armuth noted they were trying to get one person to supervise the
rest of the employees in the office. She noted the Judge had a senior County
employee but she could not give direction over City employees presently.
Commissioner Myers stated they had not seen a copy of that Interlocal Agreement
and noted the County would be billed from the City of Wendover for the County’s
APRIL 19, 2006
PAGE   22
portion. However, without reviewing that agreement the County would not have
any control. Commissioner Eklund-Brown commented that there was no fiscal
impact so that could be done anytime in the future.
       Services & Supplies:
       Debbie Armuth reviewed the $275,830 requests for Services and Supplies
which were funded. She reported that there was a total of $274,006 unfunded
Services and Supplies’ requests. Debbie Armuth stated they had discussed
dispatch, the prisoners’ meals, Special Supplies for the jail at $20,000 rather than
$25,000, and the Fire District Training at $2,500 rather than $4,500. She stated
they addressed the auto gas/oil and the Agriculture Extension had asked for more
funding because they have a full time County employee in that position. Cash
Minor stated Ag had reduced their operating budget to cover that. Debbie Armuth
stated Data Processing ADS enhancements would be addressed under capital
outlay. Debbie Armuth reported they were able to fund all the other Buildings and
Grounds requests except for those funded through the Administrative Assessment
requests which were to be paid through the Justice Courts assessments.
       Capital Outlay:
       Debbie Armuth stated in Capital Outlay they were able to fund $348,563 in
requests. She stated the Sheriff’s vehicles would be done on a three year
purchase program. Debbie Armuth stated the Elko County Fire Protection District
had requested funding of three vehicles. She believed they could do a five year
medium term financing in the amount of $500,000 so they could acquire the Type I
engine and the water tender. Debbie Armuth stated the request for the scanning
of old documents had been discussed. It would be contracted with a company to
scan all of the Clerk’s old files. Debbie Armuth stated they recommended they do
that over a three year program and budget $40,000 each year. Debbie Armuth
stated because of the deficit, they would not fund the truck for Community
Development. Debbie Armuth stated that department would be getting a service
truck, a truck with a crane and a ¾ ton pickup out of Capital Projects.
       Commissioner Nannini inquired about the funding for the document scanner.
Cash Minor stated in looking at unfunded personnel they would see some part-
time wages for microfilming records. He stated Win Smith would consider
scanning and they were purchasing the scanning equipment for her office. He
commented that there was a backlog of files that either needs to be microfilmed or
scanned in. He stated the because of the storage requirements of those files and
the cost of microfilm, he suggested using optical scanning technology to eliminate
some of the future storage needs. Cash Minor stated that Caesar Salicchi would
also start scanning in the Treasurer’s Office. Cash Minor had spoken to the
District Attorney and the Child Support Office about that method also to reduce the
amount of their storage space. Commissioner Eklund-Brown inquired if it would
                                                               ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         APRIL 19, 2006
                                                                               PAGE   23
be a central scanner. Cash Minor stated there would be scanners placed in
different locations because those employees would have to address the backlog.
Commissioner Eklund-Brown inquired about offering the Clerk’s deputies overtime
to come in and do that scanning. Debbie Armuth stated that one of Win Smith’s
concerns was the ability to keep up with the current documents. Commissioner
Russell felt that would have to be scheduled around the election cycle.
Commissioner Eklund-Brown felt they should run it through their departments first.
Commissioner Nannini commented that whether it was contracted out or
performed by County employees they would still have to look at $40,000 being
placed in the budget. Commissioner Russell suggested that there be more
discussions with the Clerk’s Office. Commissioner Nannini recommended that the
$40,000 be put in the budget. Debbie Armuth suggested that they address it in
the capital projects funds.
       Commissioner Russell inquired if there was any public comment at this time.
There were no comments submitted from the general public.
       Gary Woodbury noted they had funded all their requests. He stated years
ago Lee Chapman asked him to alert the Commission if something would make a
fiscal impact on the County. Gary Woodbury commented that gold was $615 per
ounce. This circumstance was different than in 1997, when mines were moving
underground he questioned whether the gold would stabilize at $615 an ounce.
Gary Woodbury commented that the Sheriff had reported the average prisoner
count was 105. He stated in 1997 the prisoner count was 107. He noted they
could drive through Spring Creek and see houses being built everywhere, there
was a housing shortage, and there were two planned subdivisions in the City of
Elko. Gary Woodbury understood that they were anticipating paying several
millions of dollars to build a transloading facility which would also bring in
contractors. He stated that if Newmont or Barrick built a new mill and brought in a
company like TIC again they would be bogged down with criminal cases in the
Public Defender’s Office and the District Attorney’s Office. Gary Woodbury stated
that the Public Defender’s Office had the same amount of attorneys that they had
in 1997 yet they have absorbed a 15% increase in crime rates. Gary Woodbury
stated if crime numbers significantly increase, the Public Defender’s Office would
be unprepared to handle that increase. He stated the consequence would be, the
private attorneys would take over and they would be paid $100.00 per hour for
representation. Gary Woodbury suggested that they take a look at the Public
Defender’s office in December. He stated that Fred was in Court today but he felt
there would be significantly more crime in the next six months. Gary Woodbury
stated the other entity that would be impacted by this amount of crime would be
APRIL 19, 2006
PAGE   24
the Elko Justice Court. He noted Judge Leddy had the option to ask for another
Justice of the Peace and if the population increased another 15% then that may
be the better option. Gary Woodbury stated they have a new crime case worker
who received all the new crime and had more than what she could handle.
Commissioner Russell noted gold was at $623 this morning and Lori Gilbert
reported it was now at $632 per ounce. Commissioner Myers had spoken to the
District Attorney earlier and had asked him to bring that recommendation up. He
believed there would be an expansion in the Justice Court in the future. In looking
at the Public Defender’s Office, if they find a need they could either approve
contractual use or approve an unfunded position at this time and go to
contingency or if taxes came in higher use those to support this position.
Commissioner Eklund-Brown commented that there was a large amount of money
going to the local attorneys for contracts. She asked what that annual amount
was. Debbie Armuth stated last year there was a big jump in contract
representation. She noted they exceed that line item amount every year.
Commissioner Russell commented that they had increased staff by eleven people
through the various departments. He felt they needed the flexibility to adjust to
another trend if that occurred in the future. Commissioner Eklund-Brown believed
that the growth was just starting and the County Departments were just recovering
from the prior cuts. Commissioner Ellison noted that all the criminal impact would
first come through the Justice Courts and felt there would be a need for a second
Justice but the cost would be massive. Commissioner Eklund-Brown commented
that cost would be offset by the Judges’ pro-tem. Commissioner Russell felt that
should be addressed in 2007-08.
       Jackpot Justice Court Facility:
       Debbie Armuth reviewed the cost estimates totaling $225,436 and funding
sources with regards to the mobile unit to be purchased. She stated Jackpot
Public Work’s Department would do most of the preliminary site work. She stated
this facility would be used as a Court room & office quarters for the Jackpot
Justice Court. Debbie Armuth stated if Jackpot utilized their administrative fees
there would be a balance of $85,000 remaining on this project. Commissioner
Nannini understood that the County would loan the Judge the $85,000 and that
would be paid back out of her assessment fees. Commissioner Eklund-Brown
inquired if the City would contribute. Debbie Armuth stated the Public Works’
Department would do most of the site preparation. Judge Black questioned if the
quote of $87,000 for set up was correct. Commissioner Myers felt that was the
correct amount. Debbie Armuth stated it would have to go to bid. Commissioner
Nannini stated Lynn Forsberg would handle that.
       Capital Projects Funds:

                                                              ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                        APRIL 19, 2006
                                                                              PAGE   25
      Debbie Armuth reviewed the five year capital improvement plan. She
reviewed the allocations for the emergency repairs to the Senior Citizens’ facilities.
She reported the District Attorney’s Office relocation was coming in higher.
Debbie Armuth reported the GIS allocation was less. Cash Minor explained the
Assessor’s Office was doing more GIS because they hired someone with that
background and they hoped to make that County GIS land base more functional.
Debbie Armuth reviewed the estimate for the bond proceeds for the new annex.
Commissioner Eklund-Brown inquired about the juvenile debt service. Debbie
Armuth replied that was the regional juvenile service payment. Debbie Armuth
reviewed the contribution of $75,000 to the airport. Debbie Armuth stated
originally they were to transfer in $453,000 but to address the community service
requests she reduced the transfer in by the $55,000 which went to the Recreation
Fund to pay those community service requests out. Commissioner Eklund-Brown
inquired about the funds reflected for the annex and Debbie replied those were the
hospital sale proceeds’ interest. She commented that those numbers were
preliminary because she did not know what the cost of the annex would be.
Debbie Armuth reminded them this was their five year capital improvement plan
so some of the projects were rolling over from last year. Commissioner Eklund-
Brown inquired about the figures on the railport. Debbie Armuth replied she did
not have any numbers on that and explained bonds were money in and money
out. Commissioner Eklund-Brown inquired about the Road Department’s tire
shop. Cash Minor stated that was moved into the Road Funds. Commissioner
Myers stated they were looking at bonding it rather than paying for the entire
building. Debbie Armuth stated they were unsure what the costs would be for that
building and it probably won’t get done until next year. Commissioner Myers
commented that they had taken out $110,000 for the first payment should they
proceed forward.
      Chairman Russell called a recess at 2:55 p.m. and reconvened the
meeting at 3:05 p.m.

      Stabilization fund:
      The Board discussed the establishment of a “Stabilization Fund” and/or
“Rainy Day Fund”.
      Cash Minor stated there were three types of stabilization funds and the first
two were related to capital projects. He recommended a stabilization fund which
funds the downturns in their economy for operational purposes and/or mitigation of
disaster such as the flooding. Cash Minor stated there was a limitation of 10% of
your prior year expenditures so they could put up to 1.9 million into that fund.
APRIL 19, 2006
PAGE   26
Cash Minor stated they could only utilize that fund when there was a downturn in
revenues and they could only access funds to recover what they lost.
       Unfunded accrued annual and sick leave:
       Cash Minor stated there was some questions on liabilities to the County for
unfunded accrued annual and sick leave. He stated currently there was about
$95,000 on the books for compensatory time and there was approximately
$776,000 on the books for vacation time. He believed it would be nice to pay
these accruals from a separate fund. Cash Minor pointed out that when George
Boucher retired he had accrued vacation of over 240 hours. He stated this July 1,
2006 there would be another long term employee, Buck Boyce, who would be
retiring and who had accrued vacation time. Cash Minor felt this fund could build
up to cover all of their vacation and compensatory time over a period of time.
Cash Minor noted they could possibility use a small portion of their contingency
left over from the previous year to fund this program. Cash Minor noted that
consolidated tax may also help this fund. He stated they don’t want to become
dependent upon sales tax in their general fund. Perhaps, they could take one-half
of the excess from what they had budgeted to use in the stabilization fund to help
offset the costs of these unfunded liabilities. Commissioner Nannini asked if these
funds were open and fair game for whatever, labor, etc. Cash Minor stated
stabilization funds were statutorily protected. Commissioner Ellison felt that they
should have this fund in place so they would not impact the Road Department with
the flooding. He noted that Commissioner Russell had brought up the idea to fund
the vacation time. Commissioner Myers commented upon the flooding situation
and the FEMA participation. Commissioner Nannini questioned why they would
create these funds because they have enough money to back themselves up and
they always budget very conservative. He felt these funds were not necessary
and as a taxpayer he did not believe he wanted them to do that. Commissioner
Ellison felt that they should have something to fall back on. Commissioner
Eklund-Brown stated the Hospital Fund was there but those funds could not be
touched. However, a rainy day fund was available when the economy went down.
Commissioner Eklund-Brown felt they should save the hospital funds for a huge
project. Commissioner Russell suggested the Budget Committee bring in
recommendations at their next budget meeting.
       Community Service:
       Debbie Armuth commented that the Commission had asked these to be
broken out according to the type of organizations. She stated the total requests
were about $753,000 and they already had $173,000 requests in the budget. She
stated the requests were broken out as community donations, health and public
safety, and infrastructure.        Debbie Armuth stated they had made a
recommendation in the community donations to stay within the $50,000 limit set
                                                              ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                        APRIL 19, 2006
                                                                              PAGE   27
for these types of requests. The Budget Committee had set the following
recommendations: The Wells Medical Center at $35,000; CADV at $5,000; and
the Igloo at $5,000. Debbie Armuth stated the three other requests were $10,000
       Commissioner Ellison believed the Wells Medical Center should be funded
100% and noted it was not a seasonal item. Commissioner Ellison suggested
they move some of the funding from the Jarbidge Park for the Wells Medical
Center. Commissioner Myers did not know if the finance committee would have
an issue with that. He explained that they wished to maintain the $50,000 limit
and they would have to move it one way or another among the organizations on
the list to maintain that limit. Commissioner Nannini inquired about the $5,000 to
recreation board.       Commissioner Myers noted that funded little league
tournaments, rodeos, fireworks, etc. Commissioner Nannini inquired if room tax
money was applied to that fund. Cash Minor stated that funding was very minimal
around $8,000. Commissioner Myers inquired what would happen to the Jarbidge
Park if they lower that funding. Cash Minor stated they felt they needed the
$14,800.00 to finish up the park this year and it would be the last request they
made. He stated the Community Association would then pick that park up from
that time forward. The Board suggested they move the money to the Wells
Medical Center. Commissioner Ellison noted that $30,000 was appropriated for
the infrastructure at the Fair grounds. Commissioner Nannini stated the bids
came in over $250,000. Commissioner Myers noted that the $30,000 was funded.
Debbie Armuth stated they were looking at a modular unit to hold them over until
they could re-bid. She suggested that the $30,000 be held over.
       Commissioner Eklund-Brown inquired about the $50,000 and Cash Minor
informed her it was the grant match on the $500,000 in capital projects.
       Commissioner Ellison asked Cash Minor to explain that the advalorem
would not be raised for 2006-07.
       Commissioner Eklund-Brown noted her husband worked in Community
Development and asked Gary Woodbury if she should make a disclosure. Gary
Woodbury asked if it was increasing Randy’s salary or only funding the
department. Commissioner Eklund-Brown noted it only addressed Services and
Supplies. Gary Woodbury suggested she make a disclosure and then vote on the
matter. Commissioner Ellison disclosed that his wife worked in the Elko Justice
Court and his Sister-in-Law was the Judge in the Wells Justice of the Peace.
       MOTION: Commissioner Myers moved to approve the Operating
                   Funds portion of the budget, requests for personnel for

APRIL 19, 2006
PAGE   28
                   2006-07.     Commissioner Eklund-Brown seconded the
       Jerry Reynolds reviewed his previous request for his clerks’ salary
increases. He asked if they had reviewed his survey. Commissioner Ellison felt
that should be addressed and funded. Commissioner Nannini commented that
the association would not buy into the salary increase. He stated the Recorder’s
Department and the Clerk’s Department were different. He noted that Win Smith’s
office performed two different types of services so there was nothing to compare.
He stated that if they raised the Recorder’s salaries then they would have to
change the whole system. Jerry Reynolds commented that the first year he put
this forward there was an e-mail from Mr. Kidwell. He noted the association
stance was they should look at it and not approve or sign off on it. Jerry Reynolds
stated last year it was the same story, but there were different road blocks, and he
did not get the salary increases. He noted this year there were different objections
but the bottom line from the association was this should go to negotiation. Jerry
Reynolds stated they went into negotiations in June and the CFO told the
association that if they pushed his request then the CFO would insist that they
freeze the County Clerk and the Justice Court deputies’ salaries until the
Recorder’s and the Treasurer’s salaries reached the same level. Jerry Reynolds
noted that suggestion was based on a survey done by Administration of Lyon,
Douglas and Carson Counties. Jerry Reynolds noted that according to their
survey the Elko County Clerks were paid too much. He stated that was the basis
to freeze the Clerk’s salaries. He had looked at the survey and the job
descriptions in great detail. Jerry Reynolds believed that in their survey they were
not comparing the chief deputy and the second one under that title. He noted on
the summary of his documentation it showed how the salaries averaged out. Jerry
Reynolds commented that the Elko County Clerks were paid less than the
average of the other three counties in his survey. He felt his request last year was
blocked on false pretenses. Commissioner Eklund-Brown noted in looking at the
three departments: the Recorder, the Treasurer, and the Clerk’s Office, the Clerk’s
Office had a dual function. Commissioner Eklund-Brown stated that Treasurer
and the Recorder’s office were single function offices. She did not believe the
Clerk’s office was comparable because they do double duty and had to be
qualified in two different departments. Commissioner Eklund-Brown stated she
would like to see parity between the Treasure and the Recorder’s Offices. Jerry
Reynolds commented that at one time he was the Recorder/Auditor which was
two functions. He noted that in two other Counties there was a Clerk/Treasurer
which were dual functions. Commissioner Eklund-Brown stated that in most
cases the Clerks were at and above other counties in pay scale. Commissioner
Eklund-Brown understood that the Treasurer took on the personal property tax
                                                               ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         APRIL 19, 2006
                                                                               PAGE   29
billing. Jerry Reynolds noted that he had worked here for 32 years and fourteen
years for the federal government. He noted if they get more work, they get more
people and then they need more infrastructures. Jerry Reynolds stated in looking
at his department they make them a lot of money over the years. He commented
that he ran his department with fewer people which benefited the taxpayers and
the County. Commissioner Eklund-Brown noted that she saw the income every
month and there was an increase in revenue. She believed that there should be
parity countywide with the clerks. Jerry Reynolds stated Human Services did the
parity two years ago and it was stated the knowledge was different but the
responsibilities and the work was similar. Cash Minor proposed to change all
three to two classes. Jerry Reynolds agreed with that but did not agree with the
way it would have been done. Commissioner Eklund-Brown stated she was not
on the negotiating team. Commissioner Eklund-Brown felt the Recorder’s and the
Treasurer’s offices had more parity. Commissioner Ellison felt that they were
close to the same duties and all employees should be treated fair and equal.
Commissioner Myers stated Cash’s comments were the best made to the financial
group. He stated this was discussed in some detail based on the information
available. Commissioner Russell stated he sought advice of counsel and the most
appropriate examination of these issues was under negotiation with the
association. Jerry Reynolds stated it went through negotiations last year and it
was stone walled because the study showed that the Elko County Clerks were
paid too much. Jerry Reynolds stated he did not agree with that study.
       Commissioner Russell felt it was inappropriate to negotiate outside of those
formal conditions with the association. He felt this was leaning to negotiation
outside of that association. Jerry Reynolds felt the real point was the association
negotiated his request on false information. He wished to touch upon these
studies. Jerry Reynolds understood that last year Cash Minor presented a survey
justifying raises for him and other appointed department heads. Jerry Reynolds
stated their decision was based partially that the Elko County Department Heads
were not paid enough. Jerry Reynolds believed they were doing a double sword
when they say in his case the Elko County Clerk’s were paid too much. However,
the Elko County Department Heads were not paid enough in their studies.
Commissioner Russell stated that he had read a statistic that government
employees in Elko County were paid 120% of the average wage in Elko County.
He believed they had excellent employees and they were rewarding them for the
fine job they do. Commissioner Ellison inquired if Commissioner Myers would
consider an amendment to his motion. Commissioner Myers suggested that this
be discussed during negotiations.
APRIL 19, 2006
PAGE   30
                The motion was passed unanimously.

     MOTION: Commissioner Myers moved to approve Services and
             Supplies presented and changes in the budget for the 2006-
             07 budget year. Commissioner Nannini seconded the
             motion. The motion was passed unanimously.

     MOTION: Commissioner Myers moved to approve the Capital Outlay
             Budget for the 2006-07 Budget. Commissioner Nannini
             seconded the motion.    The motion was passed by
             unanimous vote.

     MOTION: Commissioner Myers moved to approve the cost estimates,
             even though they know they are going to change, for the
             Jackpot Justice Court Facility. Commissioner Nannini
             seconded the motion.        The motion was passed

     MOTION: Commissioner Myers moved to approve the Capital Projects
              Funds with the changes made for the five year plan.
              Commissioner Eklund-Brown seconded the motion.
     Commissioner Eklund-Brown commented that the Juvenile Detention should
be added in.
              The motion was passed unanimously.

     MOTION: Commissioner Myers moved to institute a stabilization or
               rainy day fund for potential revenue sources that may be
               available to establish funds needed in times of economic
               downturns. Commissioner Eklund-Brown seconded the
     Commissioner Russell clarified that this was with the understanding there
would be recommendations on how to setup the final budget and the approval.
               Commissioners Myers, Eklund-Brown, Ellison and Russell
               voted aye. Commissioner Nannini voted nay. The motion
               was passed by majority vote.

     MOTION: Commissioner Myers moved to develop a fund to handle the
             accrued annual and sick leave and potential long term
             funding mechanisms. Commissioner Ellison seconded the
             motion. Commissioners Myers, Ellison, Eklund-Brown and
                                                          ELKO COUNTY COMMISSION
                                                                 REGULAR SESSION
                                                                    APRIL 19, 2006
                                                                          PAGE   31
                  Russell voted aye. Commissioner Nannini voted nay. The
                  motion was passed by majority vote.

      MOTION: Commissioner Myers moved to approve the Community
                  Service funding with the changes of $1,500 from the
                  Jarbidge Park to the Wells Medical Center to make it a
                  $50,000 contribution. Commissioner Ellison seconded the
      Yvette Waters thanked them for the support they had given to them and
invited them to a candlelight vigil at the college next Thursday at 8:00 p.m.
                  The motion was passed unanimously.
      The Board members individually thanked all the Department Heads, staff,
Cash Minor and Debbie Armuth on the preparation of the budget. Robert Stokes
stated he appreciated the assistance of the departments and the staff. Cash
Minor thanked the Board and Commissioners Myers and Russell for sitting on the
Budget Committee. He thanked Debbie Armuth for the amount of hours she
expended on this budget. Commissioner Russell stated Commissioner Myers did
most of the work for the Commission on the Budget Committee and expressed his
appreciation to Commissioner Myers.

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


                                       WARREN RUSSELL, Chairman

        MARILYN TIPTON, Deputy Clerk

APRIL 19, 2006
PAGE   32

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