State of Nevada Road Maintenance Agreement

Document Sample
State of Nevada Road Maintenance Agreement Powered By Docstoc
COUNTY OF ELKO. ) ss.                                             JULY 20, 2005

The Board of Elko County Commissioners met in a regular session on July 20, 2005
at 7:00 a.m., at the George Boucher Administration Building, 569 Court Street,
Elko, Nevada at 7:00 a.m. (Pacific time); at the Midas School Building, Midas,
Nevada at 10:00 a.m. (Pacific time); at the Tuscarora Pottery School,
Tuscarora, Nevada at 2:00 p.m. (Pacific time); at the Mountain City
Community Hall, Mountain City, Nevada at 4:30 p.m. (Pacific time).

There were present:   County Commissioners         Charlie Myers, Chair
                                                   John Ellison
                                                   Warren Russell
                                                   Sheri Eklund-Brown
                                         ABSENT    Mike Nannini
                      County Manager               Robert Stokes
                      Chief Financial Officer      Cash Minor
                      Deputy District Attorney     Kristin McQueary
                      Deputy County Clerk          Marilyn Tipton
                      Planning & Zoning Dir.       Randy Brown
                      Road Supervisor              Otis Tipton
      The proceedings were as follows:


     Chairman Myers called the meeting to order at 7:00 a.m. Commissioner
Nannini and Commissioner Russell were absent at this time.

   No public comments were submitted.

     The Board considered adoption of Proclamation No. 2005-G
congratulating the Elko Senior Activities Program on their 5th Anniversary in
the Terrace.
                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         JULY 20, 2005
                                                                              PAGE 1
     MOTION: Commissioner Ellison moved to approve Proclamation No.
                2005-G, Congratulating the Elko Senior Activities Program on
                their 5th Anniversary at the Terrace. Commissioner Eklund-
                Brown seconded the motion. The motion was passed
     Commissioner Ellison commented that this would be presented on
January 29, 2005. Commissioner Eklund-Brown asked that a Proclamation be
drafted congratulating the Senior Olympics Program.

      The Vice-Chairman of the Highway Board called the Board of County
Highway Commissioners to order at 7:03 a.m. and adjourned the meeting at
7:04 a.m.

     The Board considered approval of a public hearing date for a street
vacation in the Coal Mine Canyon Road area along the old abandoned
road alignment. Staff recommended August 3, 2005.
     MOTION: Commissioner Ellison moved to schedule the street vacation
                in the Coal Mine Canyon Road area on August 3, 2005.
                Commissioner Eklund-Brown seconded the motion. The
                motion was passed unanimously.

     County Treasurer Authorization to Collect Personal Property Taxes:
     First Reading of Ordinance 03-2005, entitled: AN ORDINANCE ADDING
provided authority for the County Treasurer to collect personal property
     MOTION: Commissioner Ellison moved to approve the First Reading of
                 Ordinance 03-2005, entitled: An Ordinance adding Chapter
                 5 to Title 11 of the Elko County Code, to allow the Elko County
                 Treasurer to collect person property taxes. Commissioner
                 Eklund-Brown seconded the motion. The motion was passed

JULY 20, 2005
       Approval of Preceding Minutes:
       June 15, 2005: 1. Board of County Commissioners, 2. Board of County
                          Highway Commissioners, 3. Jackpot Town Board.
       June 27, 2005: 1. Board of Commissioners, 2. Board of County Highway
       Approval of Claims:
       Presentation and review of claims for approval.
       Approval of Travel Requests:
       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 July 1, 2005: Donald Unruh.
       Commissioner Eklund-Brown stated she would be attending the seminar
in Eureka on Water Rights on August 11, 2005. She stated there would also be
a seminar on Western Water Law in Las Vegas in September that she would
like to attend. Commissioner Eklund-Brown stated some of these seminars
would give Nevada Realtors credit. She inquired if she could apply for the
credits because the credits would go toward her personal real estate
license. Commissioner Myers felt she should apply for the credits because her
attendance would still help the County.
       MOTION: Commissioner Eklund-Brown moved to approve the Consent
                  Agenda with changes submitted to the meeting minutes for
                  June 15 and June 27, 2005. Commissioner Ellison seconded
                  the motion. The motion was passed unanimously.

      Robert Stokes stated that Bill Wolf of NDF, Joe Freeland of the BLM, and
Tom Warren were present at the meeting. He stated these gentlemen had
been putting in long hours during this fire season. Robert Stokes noted that
he and Commissioner Eklund-Brown had attended several of their multiple
fire coordination meetings.
      Bill Wolf, NDF, passed out copies of the fire restrictions that the agencies
had been drafting. He stated there was heavy fuel loading so there was
extreme fire danger. He stated they were seriously considering the request of
a ban on use of burn barrels for the next six weeks. Bill Wolf commented that
burn barrels were still allowed within the County but the danger was
                                                                ELKO COUNTY COMMISSION
                                                                        REGULAR SESSION
                                                                           JULY 20, 2005
                                                                                PAGE 3
extremely high. He stated all the starts they have had were caused by man.
       Joe Freeland, Fire Management Officer for BLM, stated one of the
handouts was the interagency press release that Winnemucca had released.
 He stated they would modify that for the Elko press. He noted the BLM
prevention order was also submitted. Joe Freeland stated they would
receive a copy of their Mower Standard Operating Plan. He stated they
hoped to invest a little money to get private contractors or any agency
mowers to mow the upwind concentrations of brush and grass above the
communities within the Counties of Elko and Eureka.
       Commissioner Ellison voiced concern about the upcoming weather. Bill
Wolf stated they were to receive dry lightening tomorrow. Commissioner
Ellison stated on Sunday when coming over the Pequops, he observed
someone letting off bottle rocks. He had contacted the Nevada Highway
Patrol to report the incident. He noted the lapse in response time from the
time he reported the incident until he was contacted by Central Dispatch.
Bill Wolf stated last night they were also tracking down reports of bottle
rockets in the Spring Creek vicinity.
       Bill Wolf stated the fires in the Beowawe area two weeks ago were
started by bottle rockets. He reported the fire conditions were worse now.
       Commissioner Myers inquired about their travel route today. Robert
Stokes stated they would not know until they reached Midas whether they
could travel the gravel road to Tuscarora.           He asked that the Fire
Management Team give their fire report at the first portion of the meeting
held in Midas. Robert Stokes stated the Acting BLM Director and Assistant
Director would be at the Fire Base Camp. Bill Wolf stated that the State
Forestry Director would also be at the base camp.
       Commissioner Russell arrived at the meeting at 7:14 a.m.
       Robert Stokes stated after the Midas meeting they would travel to the
Fire Base Camp to meet with them for a few minutes. He stated that they
may have to come back around if that road was not safe for travel.
       Robert Stokes stated they would be giving Karin Kowalski from the Elko
Free Press a ride to the meetings. He asked if anyone else needed a ride to
the meetings. Scott from the SNWA stated he would follow them in his
       Kristin McQueary stated she would admonish the Board members to
follow the agenda. She stated if it said an action item they may vote, but if it

JULY 20, 2005
was on the agenda as a non action item they could only discuss that item.
      Commissioner Ellison requested that staff prepare a list of the
expenditures that Commissioner Nannini stated on the radio program several
weeks ago. Commissioner Myers clarified that list should include the County
participation with the airport. Cash Minor stated one contribution was for the
control tower and the other one was for the fire station. Commissioner Myers
noted that if there had been any contributions from the County to the City in
the RTC funds they would also like that on the list.


     Commissioner Myers called the meeting to order at 10:25 a.m.

     Commissioner Myers led the meeting participants in the Pledge of
Allegiance. He commented that all the Commissioners were present except
for Commissioner Nannini.

      Vince Mazzier, the Information Officer of the Great Basin Incident
Management Team, introduced Rowdy Muir who was the Incident
Commander, Butch Miller the Planning Section Chief and Tom Romanello
the Operations Section Chief.
      Tom Romanello, Operations Section Chief, stated his job was to direct
resources on ground; the aviation assets; and make the tactical decisions to
get people in place. He had received a call Saturday evening to mobilize to
this fire. He reported they arrived Sunday afternoon, and gathered
information from the people on ground. Tom Romanello stated they
assumed command of the fire on Monday. He reported that they received
winds which pushed the fire in the westerly direction. He commented that
by Tuesday they had the fire in check. Tom Romanello stated today was
critical and they hoped to hold the perimeters. He stated they were doing
some burn out operations in Division B and K within the fire boundaries. He

                                                             ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                        JULY 20, 2005
                                                                             PAGE 5
stated the main objective was to reduce acreage loss. Therefore, they
would go to the interior areas and try to save some acreage within the fire
boundaries. Commissioner Ellison inquired how many air tankers they were
using. Tom Romanello replied that number varied by the day because of
the other incidents/fires that were going. He stated there had been two
working out of Battle Mountain. He stated that yesterday there were strong
aviation sources. Commissioner Ellison inquired about the number of men on
the ground. Butch Miller replied 485 men were on the ground. Tom
Romanella stated there were about twenty crews. He stated there was an
operation in the Tuscarora area for structural protection. He noted that unit
would protect not only the Town of Tuscarora but several ranch sites as well.
He stated they were given a large initial attack response area, so they had
several resources staged for initial attacks. Commissioner Eklund-Brown
inquired what their percentage of containment was. Tom Romanello replied
they hoped to attain 50% containment by the end of today. Mert Mickelson
inquired if they could travel the Tuscarora Road. Tom Romanello stated
there would be some burn out operations on the East side of the Willow
Creek Road. Tom Romanello asked that they be notified if they were going
to travel that route so they could escort them through that road access.
Tom Romanello stated that there was a lot of traffic on that road. He stated
there were several water tenders working on that road because it was
getting really rough. Commissioner Myers inquired where the Incident
Command Center was located. Vince Mazzier replied it was by the Squaw
Valley Ranch.
      Rowdy Muir, the Incident Commander, noted in the packet submitted
to them, it showed the area that the fire had covered. He stated the Elko
BLM was the initial responder on this fire. However, when the fire extended
over several days then they called for a larger management team to
assume control. Rowdy Muir stated they took the fire over Monday morning
at 6:00 a.m. He reported they were given delegation of authority by the
agencies involved and controlled the budget for this fire. Rowdy Muir
commented that he was given several objectives such as cutthroat trout,
cultural sites, etc. He felt that there would not be a growth in the fire. Rowdy
Muir stated the interior of the fire perimeter would be watched closely to
minimize the amount of acreage burned. Commissioner Ellison inquired how
hot the fire was and if the roots of the native grasses were damaged. Rowdy

JULY 20, 2005
Muir stated they had viewed several areas with the local Range
Conservationists. He stated this fire was wind driven so it moved faster and
did not have the intensive heat baking the ground. Rowdy Muir felt the root
systems were still in place. He believed there would be a good return of the
natural grasses. He felt the thicker pockets of sagebrush may have burned
hot. Rowdy Muir stated the Fish and Wildlife looked at some of the riparian
areas and was very happy with what they saw. He stated the range
conservation personnel had talked to the permittees about how their grazing
would be affected. Rowdy Muir did not feel that the two-year rotation
would be applied to this area.
       Commissioner Russell inquired how the weather would impact the fire.
Rowdy Muir stated that today was supposed to be hotter but they would
have less wind. He stated they had predicted moisture from the direction of
Imlay on Thursday afternoon and possibly into Friday.
       Rowdy Muir gave them an open invitation to visit their camp.
Commissioner Myers stated the Board realized they did a very dangerous job
and expressed their appreciation to them.
       Commissioner Ellison inquired if they could travel to Tuscarora. Rowdy
Muir asked they come down to the Incident Command Center and he
would arrange for an escort.
       Joe Guild stated he had been on the fire for three days. He stated that
there was hardly any cheat grass in that area so he felt all the perennial
grasses would come back. Commissioner Eklund-Brown asked if the fire was
along the road. Joe Guild commented that he came through on that road
and there were no fires along the road. Joe Guild stated they were doing a
lot of mop up work right now. He stated that they had men stationed at the
Summit Creek area and was informed that there were 25 guys in the other
canyon above that. Joe Guild stated the fire never got over the ridge into
the Independence Valley.
       Joe Guild stated he was here to answer any questions with regards to
the presentation given by Pat Mulroy, the General Manager of the Southern
Nevada Water Authority. Commissioner Russell felt that they needed to do
some evaluation. Commissioner Myers inquired if they could get a copy of
the agreement.

    Mert Mickelson, President of the Midas Water Cooperative, gave a
                                                             ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                        JULY 20, 2005
                                                                             PAGE 7
general update on the water system matters for the Midas Community. He
stated the new system was up and operating. He reported they had to
operate the system manually because the control panel went out. Mert
Mickelson stated that would be repaired in the near future. He noted that
the project came in under budget. He commented that there was a
problem with the older system. He stated the tank had been repaired
several times by the mine but now the tank was so rusty it could no longer be
repaired. Mert Mickelson reported that they had put in for grants two years
in a row for a new tank. However, they had not received any grant funds for
that tank replacement. He reported that they put in seven additional fire
hydrants throughout the community. Commissioner Ellison inquired how
many gallons per minute they could pump with the new system. Gene Casci
replied 40 gallons. Gene Casci stated the old well pumped 60 gallons per
minute but it went down to 8 gallons last year later in the summer. Mert
Mickelson believed that amount would drop again later this summer.
Commissioner Ellison inquired what the cost of the replacement tank would
be and how many gallons the old tank was. Mert Mickelson stated the old
tank was a 30,000 gallon tank. He stated they put in an application for
$170,000 to put in the new tank and re-pipe the system the way it should be.
He noted that the old system had piping problems. Mert Mickelson stated
originally the system was planned for two tanks to be operational. He
reported that when one tank was down then the other tank would operate
because they were on the same elevation. Mert Mickelson stated this
system was very operational. He stated there was a protest entered against
the Midas Water Company because a spring was located above the well.
He reported that the hearing on the protest was scheduled for September
14, 2005. Mert Mickelson stated that they hoped at their annual meeting
held on the 4th of July to remove the moratorium upon any new hookups.
However, with the protest facing them, they did not lift that moratorium.
       Commissioner Russell inquired what the level of the well was during the
summertime. Gene Casci stated that would be hard to answer because
when the first tank went down, the system would switch over to the second
tank. Mert Mickelson stated that the pump did come on when both of the
tanks= water levels went down to a certain percentage. Commissioner
Myers clarified that was for fire reserve. Gene Casci cautioned that it if they
had to pull more than 100 g.p.m. for an emergency then both wells could

JULY 20, 2005
not supply that amount. He stated they were pumping 27,000 gallons per
day to this town for twenty-eight people. He explained this was a high use
time of the year because of the watering of the trees and lawn. Gene Casci
stated last year, they did not have the water. He commented that last year
Dan Bennett took the fire truck to Spring Creek and filled it to water the
yards. Commissioner Ellison inquired when they could file again for a CDB&G
application. Robert Stokes stated it would be 6 to 8 months before they
could reapply. Robert Stokes stated he was surprised Mert Mickelson was not
notified that they did not receive the grant funding during the last selection
period. Commissioner Ellison noted they had been previously denied for this
grant on the drilling of the wells and then again this year on the replacement
of the tank. He felt that the CDB&G Committee was more concerned with
the drilling of the wells. Robert Stokes noted previously the committee was
concerned because they had drilled several dry wells and the committee
felt they may be throwing money after a dry well. He did not know the
reason why Midas was denied their grant funding this round. He stated that
there may be an issue because the low income numbers did not pan out for
the community. Robert Stokes explained that CDB&G was a low to
moderate income program. However, they did qualify to apply for the grant
because of the urgent housing need. Robert Stokes noted they had more
requests for funding than what money they had available. Commissioner
Ellison commented that if they were going to apply again for the
replacement of the tank during the next CDB&G funding cycle, he
volunteered the Board=s help to testify in support of their efforts. Mert
Mickelson believed they would have to reapply for CDB&G funding because
they had exhausted their grant funding. Commissioner Ellison noted that
there was federal water money available. Randy Brown noted that was
through the State of Nevada, Division of Water Resources and FEMA with
direct construction through the Army Corp. of Engineers. He felt that the
Midas Water Cooperative would qualify for that funding. Commissioner
Russell inquired if they could finance a new tank within the community. He
inquired if the users could obtain a loan to pay for the tank replacement
over a 20-year period. Mert Mickelson stated that they could not do that
because when they received the $630,000.00, there was $130,000 under a
loan. He stated that they were paying out $565.00 per month to repay that
loan. Mert Mickelson noted that they do not have the funding to maintain

                                                             ELKO COUNTY COMMISSION
                                                                     REGULAR SESSION
                                                                        JULY 20, 2005
                                                                             PAGE 9
the system. Mert Mickelson stated that there were also the power bills for the
pumps. He did not believe they could borrow money due to the lower
number of users. Commissioner Russell suggested raising the water rates.
Mert Mickelson noted they had raised the rates to get the governmental
loan up from $10.00 to $25.00 per month.
       Commissioner Russell stated he had a water well on his property and
had to amortize it because his water pump would have to be replaced after
10 years. He had estimated that the well with the amortization cost him
$800.00 per year. Commissioner Russell noted that when he saw someone
who only paid $25.00 per month for water then he felt it was a good rate.
Commissioner Ellison inquired what their rates were now. Mert Mickelson
replied they paid either $25.00 per month or $300.00 per year. Commissioner
Ellison inquired about the cost for sanitation pickup. Mert Mickelson stated
that the sanitation pickup was a different issue. He commented that there
were lots of people that don=t use the water but they use the garbage
disposal. Mert Mickelson stated the two bars paid twice the rate for water
and sewage. He noted that they charge for a water hook up to trailers if
they were renting the trailer. They hoped to find funding for the new tank.
Mert Mickelson noted they did have a maintenance fund with a few
thousand of dollars. Commissioner Eklund-Brown inquired if they were a
nonprofit organization. She inquired if they were mandated under NRS
regulations to maintain a fund for depreciation. Mert Mickelson replied yes
and they were fulfilling that regulation. Mert Mickelson stated that they had
amortized the grant improvements by paying $565.00 per month into a fund.
       Bert Klamm inquired if the new tank was supposed to be included
within the last grant. Mert Mickelson stated at that time the tank was not in
such bad shape. He stated the $635,000 went into the new system for the
well, hooking it into the new system and for new fire hydrants. Bert Klamm
inquired if that had been a part of the previous discussion. Mert Mickelson
stated they had discussed that if there was sufficient money left over they
could use that for purchase of a new tank. Mert Mickelson stated they only
had $8,000 left over which was applied to the miscellaneous items remaining
on that project.
       Commissioner Ellison noted that a 30,000 gallon tank was not very big
and inquired if the mine could help them. Mert Mickelson stated the mines
were good partners. He stated they did almost everything that they ask

JULY 20, 2005
them to do and they were paying for the heat in the Midas Community

      Richard Gonzales, Process Superintendent of the Newmont Mining
Corporation discussed road improvements. He stated that the mine did a
magnesium chloride treatment three weeks or four weeks ago. Richard
Gonzales stated they were currently doing some cattleguard and culvert
replacements for safety issues. He stated that some of the cattleguards were
not up to specifications to handle the trucks. Richard Gonzales stated they
would be done with those projects in a couple of weeks. He stated that he
was learning more about road maintenance than he ever wanted to.
      Commissioner Ellison noted by the ranch there was an area that looked
like water or mag was on the road. Richard Gonzales stated there was a
slope in that area where the water was seeping into the road and creating a
soft spot. Richard Gonzales stated they put dirt in and put some chemicals
on top to stabilize the road. He stated they would bring one more load of
mag up to touch up the bad areas in the road. He noted the mag kept the
dust down.
      The Board held a general discussion regarding Midas streets and street
      Commissioner Russell stated he had requested this to be on the
agenda. He noted that they had received some discussions on streets that
may not be necessary or needed for future growth in Midas. He stated that
they had looked at streets to see if they were necessary for public safety, fire
access or for potential future growth. Commissioner Russell explained that if
those roads were not necessary then two property owners could come
together and vacate some of those streets. He noted that some of the
streets had definite purposes which could not be vacated. Commissioner
Russell asked that Randy Brown explain the process if two neighbors wanted
to vacate a street. Randy Brown, Elko County Planning and Zoning Director,
displayed maps of the Midas areas. He stated the town was laid out with
Main Street being the main street in the town. He noted the alleyways were
provided for future expansion which he thought was very good planning.
However, the topography did not lend itself to further expansion. He noted
that the Gold Circle Subdivision had legal and plotted lots. When he went to

                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         JULY 20, 2005
                                                                             PAGE 11
obtain a printout of all the lot owners in Midas, he was informed that there
were more than 300 owners in town. Randy Brown cautioned that what they
perceived as access to get to their home and what the law legally
perceived as access may be two different things. Randy Brown stated that if
someone lived on top of a hill and used someone=s driveway to get to their
home then that was implied prescriptive use. He stated those types of issues
were what they needed to take into consideration when they look at
prescriptive use during the vacation process. He stated legal access which
was offered and accepted was legally binding on the city or county. Randy
Brown explained the vacation process inclusive of the impacts upon the
adjacent owners and their having to look at the variables. He felt it would
be very difficult to abandon anything without having a physical road being
built within another easement, with agreements. Randy Brown believed they
would have to first verify the physical access. He stated in towns like Midas,
Jarbidge and Montello they were paper platted subdivisions which did not
take topography into consideration. Therefore, they may have a 60-foot
right of way up the side of the mountain. However, someone could walk up
to it, so that was considered legal access. Randy Brown noted they had a
right to access their property. He stated they would look at access issues for
the people living out of town which may use those rights of way for access.
Commissioner Russell asked him to review the steps to vacate a street.
Randy Brown stated if a person owned an entire block then they could
vacate the alleyway between the parcels. He stated the first step in
vacating a street was to write to him asking for an application. Randy Brown
stated that an application would be sent to them. Upon return of the
application with the $125.00 filling fee, they would tell them why they wanted
it vacated. They would also be asked to tell what effect it would have upon
the neighbors. Randy Brown suggested that they talk to their neighbors
before they file for a vacation. He stated the Planning Department would
perform a field inspection and view the possible impacts. He commented
that they would submit a written report to the Planning Commission. Randy
Brown stated the Planning Commission would make a judgment whether to
recommend it to the County Commissioners or not. He noted in Jarbidge
the steep topography prevented future expansion. Randy Brown noted in
towns like Midas and Montello there may be more avenues for access.
        Randy Brown stated if they get to a point where the vacation may be

JULY 20, 2005
granted then the County required them to perform a survey to identify the
property. He stated this survey would be used to deed it back to the
individual. He noted that the NRS stated they would only be entitled to half
of the road and the other side would go to the other side of the block.
Commissioner Russell asked him whether they should do the survey before
going to the Planning Commission or after the fact. Randy Brown suggested
they wait until the vacation was granted. He stated that vacation may be
protested. Commissioner Russell asked about the right to appeal. Randy
Brown stated that appeal procedure went through the County Commission.
He stated when the application went to the Planning Commission their
decision was just a recommendation to the County Commissioners to
approve or deny the street vacation.
       Mert Mickelson noted that the Midas Water Cooperative protested a
previous request for street vacation. He noted that their only access to
provide water was through the streets. He stated that if the streets were
abandoned then it may be difficult to provide water for future growth in the
town. Mert Mickelson did not believe there should be any streets vacated at
this time. He noted that last time he submitted a letter objecting to the
vacation. Randy Brown stated that was one of the impacts they looked at
during their field inspection. Mert Mickelson stated last time the vacation
was granted and some of the property was cut off. Commissioner Russell
inquired if they could abandon the road for traffic but still maintain an
easement for the utilities. Randy Brown stated that was possible but it
depended upon the situation. Commissioner Eklund-Brown commented that
there usually was a utility easement.
       Nate Lattin from Winnemucca stated he did some work for couples
who wanted a street abandonment. He inquired if it was within the County
policy that everyone within that 300- foot range was notified. He inquired if it
should be more of a community issue. Randy Brown stated their policy was
to notify 30 of the closest property owners. He stated that their policy
exceeded NRS regulations. Randy Brown stated that most of the time they
would notify the whole town in a community this size. Nate Lattin inquired if
the majority of the people felt it was a benefit would they weigh the majority.
 Randy Brown stated the Planning Commission reviewed the staff report
which considered the impacts. He stated staff listened to everyone and had
to look at the physical and legal impacts. Nate Lattin inquired if there could

                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         JULY 20, 2005
                                                                             PAGE 13
be a partial abandonment wherein they reduce the access from 60-foot to a
30-foot roadway.        Randy Brown stated that would depend upon
topography. He stated that usually if they were not willing to abandon the
entire right of way, then they would not abandon a portion of it.
Commissioner Ellison noted each vacation was reviewed on a case by case
       Commissioner Russell stated he was the County Road Chairman. He
noted that in January if someone had not initiated the process to vacate or
initiate the process for a partial abandonment and they have materials left
for permanent storage within the roads rights of way then Elko County could
remove those materials and bill them for the cost of removal. He reiterated
that January 1 would be the beginning of the year and if there was
permanent storage of items over 60 days within the right-of-way then that
material would be removed. Commissioner Russell stated the County would
charge for the cost of removal of materials from roads rights of way. He
hoped there could be resolution in the positive way for the whole

       Friends of Midas pursuits and activities:
       It was announced that the Nevada Big Horns event would be held on
August 6, 2005 and they appreciated their donations.
       Other issues related to the Midas Community:
       Mert Mickelson did not believe it was fair to use the list of the water
users for all the fees the County wanted to impose such as for the dumpster.
Mert Mickelson noted that the bars pay two or three times more than the
residents did. He believed that those fees should be distributed elsewhere
because it was not fair to burden people who were only using the water.
Robert Stokes noted there was a similar situation in Pilot Valley. He stated
they were trying to use the electrical utilities= users. He asked that if
someone had some information on a user, then they should pass that
information onto them at the County Manager=s Office. It was stated that
there were some vacant lots that had electrical but they were not being
utilized. However, they were paying a minimum amount per month for the
service. Commissioner Eklund-Brown inquired whom he felt they were paying
for. Mert Mickelson noted Mr. Brown had stated there were 300 property

JULY 20, 2005
owners. He commented that there were a lot of people coming in especially
during hunting season, putting a trailer upon their lots then leaving all their
garbage. He noted they paid $11.00 per month for their solid waste.
However, these people owned the property but they did not pay. Robert
Stokes inquired how many of those vacant properties were being used. Mert
Michelson replied quite a few. Randy Brown inquired if there were any type
of improvement on those lots. Mert Mickelson stated on the lot behind him
there was no electrical or water but that property was used. Commissioner
Russell inquired if there were physical improvements such as fences or
storage buildings. Mert Mickelson stated part of it was fenced off from the
remaining lots. Randy Brown inquired if there was a sewer system on the lot.
Mert Mickelson did not believe so. Robert Stokes stated those people were
difficult for them to bill. Therefore, they asked the community to identify
those areas for them. He noted they needed community help to identify the
lots which had dry camps upon them.
       Nate Lattin stated that he generated trash here for the last two months
and never contributed. He noted that the dry camps generate a
tremendous amount of garbage. He stated that during hunting season they
filled that dumpster up several times. Nate Lattin noted that in Humboldt
County they made the property owners pay a tax for that service. He
pointed out that they had people that own property here and just pop in for
a short time and then pop out without paying for anything. He stated
because there was no water or sewer service those people were able to
come and go without paying for the solid waste disposal. Commissioner
Russell questioned if this was an area which should not be identified as
community, and if it would be identified as a County instance. Robert Stokes
noted the Commission looked at a County tax for support of a countywide
solid waste program. He stated that there was no public support for that
initiative. Commissioner Russell inquired about taxing for the smaller
communities. Robert Stokes stated the problem was delineating those
property boundaries for the assessment district. Nate Lattin felt that it should
go to the County. He felt that Elko County should not have an issue here
because it was taken to Humboldt County to be dumped. Robert Stokes
clarified that Elko County paid for Desert Sanitation to hauling the solid waste
to Humboldt County. Mert Mickelson noted they used to dig a pit and bury
it. Commissioner Ellison stated they had previously discussed doing an

                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         JULY 20, 2005
                                                                             PAGE 15
assessment district. Robert Stokes stated the assessment district could be 300
property owners. Randy Brown inquired if that would be by referendum.
Mert Mickelson noted there were only 51 water hookups so they would not
get anything passed because the majority did not live here. Robert Stokes
commented that on improvement districts they needed a 66 2/3% majority
approval of the property owners. Mert Mickelson felt that would not be
passed. Robert Stokes noted if the property owners lived within other states,
then the County had a difficult time. He stated they had the same problem
when they looked at the formation of Road Districts in the past. Gene Casci
asked how the other communities handled those situations. Robert Stokes
replied they called the County Commissioners and asked them to take care
of it for them. He stated that Commissioners responded it was difficult to
address because the way the law was written. Gene Casci inquired if
Tuscarora had fees for their residents. Robert Stokes noted they paid a water
fee and they took care of their own solid waste disposal. Commissioner
Eklund-Brown noted they took care of their own solid waste through Elko
Sanitation. Robert Stokes noted that there were parts of the County which
was covered by Elko Sanitation. He commented that he lived in Spring
Creek and paid for his own trash pickup through a private provider. He
stated that the communities of Montello, Mountain City, Jarbidge and
Jackpot charge their residents and they have dumpsters similarly to the
Midas community. Robert Stokes stated the County used the lists for the
electrical and water users to get their user list for solid waste. He stated the
County did not have sufficient staff to go out and view dry camps
throughout the County. Commissioner Ellison noted they had talked about
signing dumpsters for voluntary payment. However, he reminded them that
if they have a dry camp those people usually bring in commercial money
into the community because those people bought gas and food at the
restaurant. Mert Mickelson reiterated that the County used the water user=s
list for almost everything whether it was a charge for solid waste, etc. He
asked if Elko County passed an increase in their sales tax. Commissioner
Eklund-Brown stated that there was an advisory question on the ballot but
that tax was defeated by the voters. Robert Stokes clarified that was the RTC
gas tax just recently which was defeated. He explained that about four
years ago they did look at increasing the sales tax for solid waste disposal
throughout the County. Robert Stokes stated it went to the public and the

JULY 20, 2005
voters overwhelmingly defeated it. Mert Mickelson believed only one
County Commissioner campaigned against it. Robert Stokes explained that
advisory question went to the public and after being defeated the
Commissioners did not take a vote. Mert Mickelson inquired if that tax could
be reintroduced. Robert Stokes it could be put back on but it did not have
the public=s support before. Commissioner Russell noted that water users
received a specific benefit. However, on the solid waste there was no sense
of community. He believed that it was a legitimate request to ask the
County to address this issue. Commissioner Russell noted that advisory
questions did not eliminate the Commission=s responsibility nor did it
eliminate the problems. Commissioner Ellison noted that they discussed that
at a previous meeting. He commented that the permanent residents in
Ryndon were not in favor of the tax increase at that meeting. Commissioner
Russell noted that if they instituted the proposal upon the property owners
then people like Rob in Spring Creek would have to pay that tax to have his
garbage picked up by a private user. Robert Stokes stated that within the
past proposal the tax would be implemented across the board and there
would have been no private contractors. Commissioner Myers asked that
this be put back on the agenda to look at it again. Commissioner Eklund-
Brown inquired if they could have individual pickup here. Mert Mickelson
believed that type of service would cost more. Commissioner Russell noted
that the problem was vacant lots which were being used for dry camp. Mert
Mickelson felt they should eliminate the garbage service entirely and take
their garbage home. He commented that he could easily haul his garbage
home because he only came to town three or four times a year.
      Robert Stokes inquired if Dan Bennett=s drainage issue had been
addressed. Dan Bennett stated that was dry now but felt there may be a
problem next year. He stated a spring had surfaced under the Fire Station
which flooded the neighbor. He explained the neighbor diverted the
drainage to the road which caused another problem. Randy Brown
suggested a French drain to resolve that problem. Dan Bennett felt that
there was a series of springs in that area. He stated it was eight years ago
when it flooded the neighbors. Randy Brown would view it and suggested
French drains to divert it somewhere else. Dan Bennett stated part of the
problem was the improvements had raised the elevation of the drainage.
      Mert Mickelson noted they dug a line and took the culvert out at the

                                                           ELKO COUNTY COMMISSION
                                                                   REGULAR SESSION
                                                                      JULY 20, 2005
                                                                          PAGE 17
bottom of town in the Moffitt subdivision. He stated with all the water this
year Midas Creek flooded those properties. He stated the damaged culvert
was still sitting along the side of the road. Gene Casci stated when the
Timmons or the Wolford family ran a pipeline to their cistern they dug a
trench which tore out the culvert. He stated they did not replace the culvert.
 Gene Casci stated when that erupted over the past two winters Mike
Waddell put up a fence so people would not drive into that. He stated the
fence went partially into the street to prevent people driving into the flooded
culvert areas. He stated it flooded down that side street into the main street.
 Commissioner Russell inquired if this was an unpermitted crossing of the
streets. Randy Brown believed they had a permit. Commissioner Myers
suggested they look at that situation on their way out.

      The Board considered the selection of a Consultant to provide water
resource services to Elko County. Commissioner Russell stated that there
were four consultants who responded:            Wayne Testolin; Converse
Consultants - Dean E. Alford; Stantec Consulting, Inc., Michael P. Kobe Senior
Associate Water Resources; and Michael D. Buschelman Consulting, Inc.
      Commissioner Ellison noted that Converse Consultants did a water
study for the County and City and asked if that firm was on the list.
Commissioner Eklund-Brown stated that he was on the list of candidates.
Commissioner Ellison felt that Michael Buschelman had very good
qualifications also. Randy Brown believed that all the applicants were very
qualified. He noted that Converse Consultants had performed previous work
for them. He stated Wayne Testolin had worked for the State Department of
Water Resources. He stated that Mike Kobe was also highly qualified. Randy
Brown commented that Mike Buschelman was recognized in the five top
water rights experts in the Western States. He reviewed Mr. Buschelman=s
educational attributes and his previous job descriptions. Commissioner
Russell noted that the Nevada Water Resource Association would be doing
a seminar in Eureka next month. He stated two people would be teaching
water law at that seminar. One of those people would be the State Engineer
and the other person would be Mike Buschelman.
      Commissioner Eklund-Brown felt the County was very fortunate to
receive these qualified applicants. She believed that Mike Buschelman=s

JULY 20, 2005
experience surpassed what they needed.
      MOTION: Commissioner Russell moved that they obtain a contract
                 with Mike Buschelman for the FY 2005-06 for an amount less
                 than the budgeted amount of $25,000.00 for professional
                 services. Commissioner Eklund-Brown/Ellison seconded the
                 motion. The motion was passed unanimously.
      Commissioner Russell commented that there was a draft proposal
within their packet for those professional services. He had spoken to Mike
who had responded well to their interests. Randy Brown noted Mike was
familiar with Elko County because he had worked for Chilton Engineering
earlier. Commissioner Ellison commented that Mike Buschelman had worked
on Project Live Saver.

       The Board considered submitting comments to the BLM Ely Field Office
on the Southern Nevada Water Authority (SNWA) groundwater development
project that would provide water to Las Vegas via a pipeline that extended
into Lincoln and White Pine Counties.
       Commissioner Eklund-Brown reported that she had attended the BLM -
RAC meeting last Friday. She stated they received an update from Bruce
Flinn, the Project Manager on the EIS. Commissioner Eklund-Brown
distributed a map showing the locations for the two new applications filed
by Lincoln County. She stated that the scope of the EIS had changed based
upon these new applications. She believed they went from one to four EIS.
She believed they may change the oversight from the BLM Ely office to the
Regional Office in Denver. Commissioner Eklund-Brown stated that Bruce
Flinn would be leaving at the end of September because the scope went
beyond the capabilities of his company. She stated the EIS study went from 8
to 16 hydrological basins. She noted that the scope would involve three
States and five BLM offices. Commissioner Eklund-Brown stated the scope
increased from 195 wells to 300 wells. She stated the scope had increased
from 345 miles to 500 miles for this project. She commented that the BLM
would have to perform new additional scoping because of the new areas
included. Commissioner Eklund-Brown believed there were still negotiations
between the SNWA and Lincoln County. She felt this would hold up the EIS
so it would coincide with the BARCAS Study. Commissioner Eklund-Brown
stated that BLM - RAC had submitted three recommendations. BLM - RAC
                                                           ELKO COUNTY COMMISSION
                                                                   REGULAR SESSION
                                                                      JULY 20, 2005
                                                                          PAGE 19
recommended that the EIS and the BARCAS Study should coincide. They
recommended that the conclusion of the USGS BARCAS Study results be
incorporated into the EIS before the NEPA disclosure analysis was
completed. She stated their second recommendation was to provide for
regular public updates and comments on the technical issues deliberated in
a closed session, which would be the cooperative agency meetings.
Commissioner Eklund-Brown stated RAC=s third recommendation was to
implement a mechanism for meaningful involvement by local governments
denied cooperative agency status based on lack of jurisdiction by law.
Commissioner Eklund-Brown noted that she and Warren had other
comments they would like to submit. She suggested that she, Warren and
Robert Stokes work on presenting a letter with all the issues that were
entailed. She noted that in going through the scoping document there were
many issues that were applicable to Elko County. She stated her main
concern was the verbiage for cooperating status applied only to in or down
gradient of where the pumping was occurring. She stated that they were
not considering the upper gradient. Commissioner Eklund-Brown felt that
they should include the upper gradient within their comments because they
could be impacted just as easily as the down gradient users. Commissioner
Ellison stated that was one of their problems with the draining of one aquifer
to another aquifer. Commissioner Eklund-Brown stated in reviewing the State
Engineer=s information Elko County has overlap in three areas of
hydrological basins. She believed that there were eleven areas overlapping.
 She noted hydrologists and engineers were seeing the flow system on the
Great Salt Lake Basin which went from Elko County to Las Vegas.
Commissioner Eklund-Brown cautioned that they must put this together
rather cohesively. Commissioner Eklund-Brown wanted the drafting of the
letter to be referred to the committee for the Chairman to sign.
Commissioner Russell stated the committee would also include Mike
       Commissioner Eklund-Brown noted that mine dewatering was
continually brought up. She pointed out mine dewatering was temporary
and the majority of the water was held in the same basin or re-injected back
in. She stated in some cases it went into the Humboldt River. However, most
of that water went for irrigation. Commissioner Myers felt that issue should
also be addressed in the letter. Commissioner Eklund-Brown noted the

JULY 20, 2005
wildlife, the environment, the economic development and the future growth
should be considered. Commissioner Myers reviewed the comments made
by Pat Mulroy last night. He felt that they should consider that agreement.
Robert Stokes explained to the meeting participants that last night Pat
Mulroy, the Executive Director of the SNWA, offered the proposal that the
authority would sign a contract with Elko County that they would never
purchase any water rights or any ranches within Elko County for all intense
and purposes, forever. Commissioner Myers stated he spoke to Pat Mulroy
after the meeting and she included private water rights and no purchase of
any ranch or agricultural area. Robert Stokes inquired of Joe Guild if the
SNWA could outline that in a letter for them. Commissioner Myers suggested
this motion include direction to staff to send a letter to the SNWA.
       Joe Guild suggested in the letter they outline some of the other
conditions that Elko County would consider in signing such an agreement.
He noted last night they had mentioned putting in a monitoring well in the
lower Ruby Valley area near the marshes. He felt they should put in their list
of issues. Commissioner Russell suggested making it an administrative
decision. Robert Stokes suggested it be an agenda item on the next
meeting agenda as an action item.
       MOTION: Commissioner Eklund-Brown moved that a committee be
                   formed to address the EIS comment letter from Elko County.
                   The committee composed of Elko County Manager Robert
                   Stokes, myself, Warren Russell and Michael Buschelman will
                   meet to submit a letter prior to August 1st and to address all
                   the outstanding issues that have been detailed with the
                   County. In addition, direct staff to send a letter to the
                   Southern Nevada Water Authority=s Executive Director, Pat
                   Mulroy, to address the proposal of an agreement on
                   underground water rights with SNWA. Commissioner Russell
                   seconded the motion. The motion was passed unanimously.

   No comments were submitted.


                                                               ELKO COUNTY COMMISSION
                                                                       REGULAR SESSION
                                                                          JULY 20, 2005
                                                                              PAGE 21

     Commissioner Myers called the meeting to order at 2:34 p.m.
     He noted that all the Commissioners were present except for
Commissioner Nannini. Commissioner Myers congratulated the community
on the acquisition of their new fire truck, Tuscarora Truck #151.

     Commissioner Myers led the meeting participants in the Pledge of

      Dan Lucas commented that the number on top of the fire truck was
#143 but the number on the side of the truck was #151.
      John Viergutz reported that the Jack Creek road was washed out just
below the campground. He stated they could get through there with a four-
wheel drive vehicle but any other recreational vehicle would not.
Commissioner Myers inquired how deep the washout was. John Viergutz
replied 18 to 20 inches and consumed 75% of the width of the road for 100
feet. Commissioner Russell inquired whose road it was. He stated they had
discussed having a Commissioner=s field trip to that site. He stated that
Commissioner Myers had requested that a survey be performed to
determine what portion of the road belonged to the County. He believed
that survey had been completed so they would be scheduling their field trip.
 Commissioner Myers noted that at the beginning of the Jack Creek Road
there were two personal property owners. He was informed that there was
an agreement signed with those property owners several years back but the
County did not have a copy of those agreements. Commissioner Myers
stated they had contacted George Boucher who was researching where
those agreements were at. He stated that where the private property
stopped and went into the Forest Service belonged to the County.
Commissioner Myers stated if those agreements were still in effect and valid
then they would clear the road. Commissioner Russell explained that the
Commission had legal limitations on money they would spend for roads that
did not belong to the County. He stated they need property ownership
JULY 20, 2005
confirmation on that road.
       Commissioner Ellison commented that the personnel from the State
were up here yesterday for Mormon cricket control. He stated they would
bait for crickets now but planned on getting a flight in here to spray down
the valley.
       Norma Viergutz stated she lived on the Jack Creek road. She stated
they plowed the road to the top which hindered the snowmobile
rendezvous. She commented that they were not informed they would do
that. She noted that the well drillers came in. Commissioner Myers inquired if
she knew if the well drillers or the county plowed that road. Commissioner
Eklund-Brown believed that the private people plowed the road. Norma
Viergutz stated it was plowed from the other side. She inquired if they had to
notify them because it took away their winter business. Commissioner
Eklund-Brown stated that would not be a requirement unless they had an
Agreement with the Forest Service. Commissioner Myers commented that
the Forest Service had given them permission to drill up there. He suspected
that they were given permission to clear the road. He suggested that they
contact Dan Dallas.
       Commissioner Ellison inquired who donated the fire truck so they could
send a Thank You letter. Dan Lucas stated he was from Colony Hills,
California. He noted that a year ago one of the residents mentioned to him
that there was not much fire protection here. He stated the Volunteer Fire
Department that he did volunteer work for in California had this truck sitting
there for three years. Dan Lucas stated that the truck had not been used
except for the ISA ratings. He commented that members of that Fire
Department hunted up here and knew the region. Therefore, they decided
to donate that fire engine. Dan Lucas stated that he brought it up here, and
put in 35 gallons of fuel in it. He stated that there were six batteries, spare tire,
and two ladders in the truck. Dan Lucas had insured the fire engine for one
trip to deliver it to the community. However, the engine needed outfitting
because it came with no other equipment. Commissioner Myers suggested
that NDF look at the truck. Commissioner Ellison stated they had a meeting
tomorrow with NDF so they would speak to them about the truck. Robert
Stokes inquired if they had discussed working it through the Volunteer Fire
Department. Dan Lucas stated when they asked the County for insurance to
get it out here, he was told no. He reported that he had spoken to the

                                                                  ELKO COUNTY COMMISSION
                                                                          REGULAR SESSION
                                                                             JULY 20, 2005
                                                                                 PAGE 23
County, the State and the Nevada Division of Forestry. Dan Lucas reported
that the State commented they did not know if they wanted that truck. He
noted the County told them it was too much truck for this community.
Robert Stokes did not remember Cash saying it was too much truck. Dan
Lucas stated it was too much truck for Tuscarora because it had a 1,800
gallon pump per minute on it. He stated Tuscarora could not supply that
much water. He stated that it had a 1,000 water tank. He stated this truck
was better than any other equipment they have. Dan Lucas stated that the
truck belonged to the Friends of Tuscarora. Robert Stokes understood that to
have the truck tied into the County then it would have to tie into the
Volunteer Fire Department. Dan Lucas stated that would be okay. However,
the only concern he had in that case was that if it became a part of the
Volunteer Fire Department he did not want them taking it out of Tuscarora
without leaving other equipment here. Dan Lucas stated the problem was
by the time they go down there to get the fire truck it may be gone. He
noted that the other night they had staging here and were asked to bring
the fire truck to the Rhoads= Ranch because they were losing their
equipment there. Dan Lucas stated Jerry called dispatch and they said the
fire truck was in the fire house. He stated when Jerry got to the fire house,
the fire truck was gone. Dan Lucas stated he realized that there was a lot
going on but they needed fire protection also. He stated that they don=t
want to lose the truck, and have the fire district take the truck elsewhere
then something burns up in Tuscarora.
       Robert Stokes believed that the local fire department should be
involved in some way. He felt that NDF had some restrictions which ran the
fire district for the County. He noted the staging may be a local issue.
Commissioner Russell stated that they appreciated the donation for
Tuscarora. Dan Lucas stated if it was needed down there they would take it
down there. However, they want to make sure it was not stationed too far
away so that they don=t have it.

      Viviane Schupbach stated they bought property in Tuscarora over
twenty years ago. She received a call Friday night from Dee McBride who
told her about the Mormon crickets. She was told to get bait the next day
when she was in town. Viviane Schupbach stated that they did not know

JULY 20, 2005
what to do with the bait so they did not put it down over the weekend. She
contacted the County on Friday but did not speak to Bernie McClendon.
However, Bernie did come up yesterday and did a wonderful job explaining
the situation. Viviane Schupbach explained he was working four 10 hour
days so if you had a problem, he would not be able to help you until after
the weekend. She stated her whole yard was full of crickets. She suggested
that the County start informing the public such as an informational brochure
sent with their water bill. Viviane Schupbach felt that this community would
be another community having to be treated next year.
       Commissioner Ellison stated that the County had a list telling the people
how to bait the crickets. He had spoken to Gail Rappa=s husband and
informed him about the baiting procedures. Viviane Schupbach stated that
Bernie did a great job distributing the bait and left bait with town members.
Commissioner Ellison noted that they have been trying to inform the public
through the paper and the radio. Commissioner Myers agreed that they
should have an information page to submit to the inquiring members of the
public. Viviane Schupbach stated Bernie was very helpful. Commissioner
Russell stated that the people at the Cooperative Extension were very
helpful. She stated they had given her a lot of information. Commissioner
Ellison noted that they were concentrated in the Mountain City area right
now. He explained their hatching procedure and the crickets color changes
through its life cycle. Commissioner Russell noted that a lady had suggested
they put information in the Post Office.
       Steve Feasel inquired if they had a survey of where these crickets had
been sighted.        Commissioner Ellison noted the State had a map.
Commissioner Eklund-Brown asked that he call Bernie and let him know
where he saw the crickets. Commissioner Myers stated that helped them
track their movement. Commissioner Ellison noted that they have been
focusing more on populated areas for the spraying. He stated all the
spraying areas were mapped. Steve Feasel stated that three weeks ago he
was up on Toe Jam and had spotted the crickets.

    Water System:
    Jerry Johnson stated the water system was operational. Dan Lucas
commented that he had received a public testing notice. He inquired if

                                                              ELKO COUNTY COMMISSION
                                                                      REGULAR SESSION
                                                                         JULY 20, 2005
                                                                             PAGE 25
there was a way to receive those notices earlier. Robert Stokes explained
that the testing procedure when through the State therefore the results
usually came back late. Commissioner Eklund-Brown commented that if it
was really dire they would drive up, post a notice, and let the owners know
about the bad test. Commissioner Ellison commented that it was easy to
contaminate a sample. Jerry Johnson stated that their chlorinator had been
down. Commissioner Myers asked that the County Manager check into
replacement of that unit.

       The Board discussed water rights, distribution lines and other issues
related to providing water to the cemetery for maintaining trees and/or
       Robert Stokes noted they had discussed this previously. Commissioner
Ellison stated they had spoken to Otis Tipton and the rancher who had the
wellhead. Commissioner Ellison stated they had discussed taking the line
through the culvert and up the side of the road to the cemetery. Gail
Rappa inquired if Otis agreed to the line going underneath. Commissioner
Russell replied if it went through a culvert. Commissioner Myers asked that
they move this to the first week in August so Lynn Forsberg could give them a
report. He asked that it remain as an action item.
       Ron Arthaub inquired whom they would have to contact to get the
surface rights. He stated the owner of the cemetery lived in Hawaii. He
suggested they write a letter to him asking for him to donate the land or get
authorization to run the water line. Gail Rappa stated that authorization
applied mostly to the tree grants. She inquired if Jim Sanborn had
contacted Mr. Milner. Jim Sanborn replied he had not spoken to him
recently. Gail Rappa stated the BLM had sent Mr. Milner certified letters and
he had not responded to them.
       Jim Sanborn commented that Mr. Milner did want more signs up and
the fence fixed around the pit. Commissioner Myers asked that he give them
Mr. Milner=s phone number so that they could speak to him about the

    Gail Rappa reported that they received $175,000.00 from the State

JULY 20, 2005
Historic Preservation Office through a grant to stabilize the structure. She
stated the legislature approved the Cultural Commission=s grant which
meant the money would be available in mid August. Gail Rappa
commented that Commissioner Eklund-Brown had contacted Queenstake
Resources for a donation. Commissioner Ellison inquired if they were using
the same engineer. Gail Rappa replied that George Lostra was the same
engineer who inspected the building. Commissioner Eklund-Brown stated,
she, Gail Rappa, George Lostra, Robert Stokes and Queenstake Resources=
Shotcrete Manager had viewed the building. Brent Chamberlain stated they
would bring over the machine and a compressor to do the shotcrete. He
stated they were not in a position to donate all the shotcrete. He noted that
Commissioner Eklund-Brown was attempting to get a reduction on the costs
or a donation of the shotcrete. Commissioner Ellison inquired if the County
could advance the funding and then get reimbursed from the grant so they
could begin on the project earlier. Commissioner Eklund-Brown commented
that it would have to be approved through SHPO. Gail Rappa noted that
there was a lot of preparation work to be done prior to the shotcrete. She
inquired if the County could advance them money for that work with
reimbursement from the grant funding. Commissioner Ellison noted that if
they did not go to bid soon then they would be in the middle of winter trying
to complete the project. Commissioner Eklund-Brown felt they could get
their contracts in place. Gail Rappa suggested that they secure their plans.
Commissioner Eklund-Brown suggested they go out for Request for
Qualifications for an architect. She stated Gail Rappa had contacted some
contractors that specialized in preservation and restoration work. She noted
those contractors work in coordination with a couple of different architects
that they could recommend. Commissioner Eklund-Brown stated they had
also applied to Newmont for financial assistance with the project as well.
She had contacted the vendor who did the shotcrete work for Queenstake
Resources. Commissioner Eklund-Brown stated she made calls to the
Nevada Mining Association seeking donations. Robert Stokes stated the
County may have to put up around $100,000.00 first and then get
reimbursement later from the grant. He noted they would have to get
SHPO=s approval for that process. Gail Rappa inquired about the time line
for the shotcrete. Brent Chamberlain stated if it was in the middle of the
winter then they would not have the ability to put in the shotcrete. He

                                                            ELKO COUNTY COMMISSION
                                                                    REGULAR SESSION
                                                                       JULY 20, 2005
                                                                           PAGE 27
cautioned that they would need advance notice when they needed that
equipment because it was used at the mines all the time. Commissioner
Ellison commented that most of the contractors were busy across the state
right now so it might be hard to get contractors for this project.
Commissioner Eklund-Brown stated the estimated value for the shotcrete was
at $150,000.00. Robert Stokes noted that included some rebar and
preparation work. Commissioner Eklund-Brown felt that if they could get
sufficient donations of shotcrete then they may be able to go into phase 3 of
this project. She acknowledged that Queenstake Resources was being a
good partner to the community and this was a huge donation to the project.
 She was grateful that they had come forward with the donation. Brent
Chamberlain stated they had also helped with Sherman Station which was
financed through the legislature also. He stated when they go through the
bidding process there was a lot of inflation so any thing they could get
donated would save them a lot of money toward the project.

      Gail Rappa asked what they were doing about the restroom. She
stated they eliminated the restroom within the Tuscarora Tavern to make the
budget less for that project. Robert Stokes stated he and Gail Rappa need
to talk to Tom Baker of the US. Forest Service. He stated the Rural Assistance
Community Grants this year had been reduced due to the war efforts. He
stated the artist group also responded they would not finance the restrooms.
 Gail Rappa stated the Arts Council would not fund that. Commissioner
Eklund-Brown inquired if they could reincorporate that back into the building
due to the contributions to phase 2. Gail Rappa suggested that they have
an exterior restroom so the building did not have to be opened for the
restroom. She noted that the building would not be open seven days a
week. Commissioner Eklund-Brown stated with the war going on the Forest
Service budget was reduced and they were looking at closing down
campgrounds all over. Robert Stokes stated they had looked at CDB&G
funding but there were seven worthy projects and they could only submit
three for this year. He noted the other projects deemed to be more worthy.
Commissioner Eklund-Brown suggested they look into the costs for those
because they would need one for here and one for Jarbidge. Robert Stokes
noted that Jarbidge no longer qualified for CDB&G grants.
JULY 20, 2005
     AA Block Project:
     The Board considered sending a letter supporting the renewal of a
NDEP Water Pollution Control Permit for the Barrick Goldstrike Mines, Inc. -
AA Block Project.
     MOTION: Commissioner Ellison moved to approve sending a letter of
               support for the renewal of the NDEP Water Pollution Control
               Permit for the Barrick Goldstrike Mines, Inc. - AA Block
               Project. Commissioner Russell seconded the motion. The
               motion was passed unanimously.
     Dan Lucas asked that everyone stand in front of the fire truck for a
photo to send back to the people that donated the truck.

    There being no further business to come before the Board, Chairman
Myers adjourned the meeting.
    Due to time restraints, the Board of Commissioners did not travel to
Mountain City, Nevada.

                               CHARLIE MYERS, Chairman

     MARILYN TIPTON, Deputy Clerk

                                                           ELKO COUNTY COMMISSION
                                                                   REGULAR SESSION
                                                                      JULY 20, 2005
                                                                          PAGE 29

Shared By:
Description: State of Nevada Road Maintenance Agreement document sample