STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. JULY 23, 2003

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in a regular session on July 23, 2003, at 7:00 a.m., in the George Boucher Administration Building at 569 Court Street, Elko, Nevada. There were present: County Commissioners John Ellison, Chair Mike Nannini Warren Russell Sheri Eklund-Brown Charlie Myers County Manager Robert Stokes Chief Financial Officer Cash Minor Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton The following proceedings were held: Chairman Ellison called the regular meeting to order at 7:00 a.m. He noted that Commissioner Eklund-Brown was not present at this time. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted by the general public. PROCLAMATION NO P DESIGNATING AUGUST 7, 8 & 9, 2003 AS THE 2003 ELKO COUNTY SENIOR OLYMPICS: The Board considered approval of Proclamation No P designating August 7,8 & 9, 2003 as The 2003 Elko County Senior Olympics celebrating the 2nd Annual Elko Senior Olympic Games to be held for all persons 50 years of age and above. Robert Stokes noted that was also held on August 10th. MOTION: Commissioner Myers moved to approve PROCLAMATION NO P DESIGNATING AUGUST 7, 8, 9, & 10, 2003 AS THE 2003 ELKO COUNTY SENIOR OLYMPICS. Commissioner Russell seconded the motion. The motion was passed unanimously. PROCLAMATION NO Q DEDICATING THE 2003 ELKO COUNTY SENIOR OLYMPICS TO WILLIAM A. BILL THACKER: The Board considered approval of Proclamation No Q dedicating the 2nd Annual Elko Senior Olympic Games to William A. Bill Thacker to honor his many acts of community service and his many accomplishments. MOTION: Commissioner Myers moved to approve PROCLAMATION NO Q DEDICATING THE 2ND ANNUAL ELKO SENIOR OLYMPIC PAGE 1

2 GAMES TO WILLIAM A. BILL THACKER. Commissioner Russell seconded the motion. The motion was passed unanimously. ELKO COUNTY GROUP HEALTH INSURANCE RENEWAL: The Board considered the approval of health insurance renewal for FY which includes a six percent (6%) increase for employee and dependent rates. MOTION: Commissioner Nannini moved to approve the health insurance renewal for FY Commissioner Myers seconded the motion. Cash Minor suggested that the Board approve this increase contingent upon approval of the labor associations and that the Chairman be authorized to sign. Commissioner Nannini moved to amend his motion to be contingent upon approval by the labor associations and give authorization for the Chair to sign. Commissioner Myers seconded the amendment. The motion was passed unanimously. ELKO COUNTY SHERIFF S OFFICE: The Board considered approval to purchase five (5) used patrol vehicles through the Salt Lake County Fleet Sales Program as discussed during the budget process. MOTION: Commissioner Russell moved to purchase five used patrol vehicles through the Salt Lake County Fleet Sales Program. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Eklund-Brown was in attendance at 7:07 a.m. NORTHEASTERN NEVADA RIFLE & PISTOL ASSOCIATION ELKO COUNTY SHOOTING RANGE: The Board considered approval of a Use Agreement between the County and the Northeastern Nevada Rifle & Pistol Association for use and development of the Elko County Shooting Range. Kristin McQueary stated that she had suggested that the limit of insurance be changed. Danielle Kohler secretary of the Northeastern Nevada Rifle & Pistol Association, and John Kohler President of the NNRPA, was present. Danielle Kohler reported that the Club currently carried a $500,000 insurance policy which cost their club $ per year. She believed that was sufficient coverage for the club activities at the range. She pointed out that their club did not have 100% control over that gun range and others utilized that facility. Danielle Kohler stated that presently they were expending their money on the improvement of the shooting range and would prefer to remain at the $500, coverage rate. She stated it would cost approximately $ more to increase the amount of coverage to one million dollars. Danielle Kohler stated that their insurance policy only covered the club and the club participants at their activities or if they were PAGE 2

3 supervising the event. She noted it did not cover the public or the 4-H Club. She stated their insurance only covered their members or whom they had invited into the activity/match. She noted that the County was listed as a general insured on the policy, which was a given. She stated that the 4-H Club held their events at that range but the NNRPA insurance policy did not cover those events. Robert Stokes stated that would be under the County. He inquired if the 4-Hers came out very often. Danielle Kohler stated that Vern Marion organized the 4-H Club State and regional events at the range. Commissioner Ellison inquired about funding from the local National Rifle Association for the additional insurance coverage. Danielle Kohler reported that the funding raised by the Friends of NRA dinner went into a pool which they have to apply for grants from. She stated she had applied for a grant and received $15,000 to develop a pistol range in the facility. She stated that NRA funding was through a grant process. MOTION: Commissioner Russell moved to approve the Use Agreement between the County and the Northeastern Nevada Rifle & Pistol Association. Commissioner Eklund-Brown seconded the motion. Commissioner Nannini suggested they take $ this year from contingency to make up the funding for the one million-dollar policy. Commissioner Myers noted that next year the club would assume the cost for the one million-dollar insurance coverage. Commissioner Myers inquired how long they had been a club. Danielle Kohler replied approximately three years. Commissioner Myers inquired about their accident rate and received the reply there were no injuries or work accidents. Commissioner Eklund-Brown inquired why they had to be registered with the Division of Wildlife. Kristin McQueary replied so they could get workmen s comp., due to the volunteers that donate their time to the projects. Commissioner Russell stated they were attempting to form a single action shooting club. He suggested that they combine their clubs to cover the cost of the additional insurance next year. He noted that it usually ran about $ to $ yearly for a single action club insurance. Danielle Kohler stated that they encouraged such groups to come in under their umbrella and hold their own monthly matches. She stated that if they have their own club then they would have to carry their own insurance. Commissioner Myers agreed with Commissioner Nannini that there should be a milliondollar policy. Commissioner Russell amended his motion to include $ from contingency to the club for the additional insurance. Commissioner Eklund-Brown seconded the amendment. The motion was passed unanimously. John Kohler reported that the paperwork was at the building department to complete the 300-yard portion on the gun range. Commissioner Nannini voiced his support for their club. The Board considered approval to solicit bids for Phase I of the Construction Project at the Elko County Shooting Range utilizing Pittman-Robertson grant monies. MOTION: Commissioner Myers moved to solicit bids for Phase I at the Elko County Shooting Range utilizing Pittman-Robertson grant monies. PAGE 3

4 Commissioner Russell seconded the motion. The motion was passed unanimously. CONSENT AGENDA: Approval of Preceding Minutes: The Board considered approval of the preceding minutes for the meetings held on July 9, 2003: Board of County Commissioners, Board of County Highway Commissioners, Jackpot Town Board, Jarbidge Town Board, and the Montello Town Board; June 10, 2003: Board of County Commissioners, and the Board of County Highway Commissioners. Robert Stokes requested that the approval of the minutes be tabled to the next agenda and requested approval for Consent Agenda items B - G. Approval of Claims: The Board reviewed the claims submitted for approval. Approval of Travel Requests: The Board considered approval of the pending travel requests. Indebtedness Report: The Board considered approval of Indebtedness Report for submittal to Nevada Department of Taxation. Debt Management Policy: The Board considered approval of the Debt Management Policy for submittal to Nevada Department of Taxation. 5-Year Capital Improvement Plan: The Board considered approval of the 5-Year Capital Improvement Plan as prepared during budget preparation for submittal to Nevada Department of Taxation. Justice of the Peace Quarterly Financial Reports: The Board accepted receipt of the Justice of the Peace Quarterly Financial Reports pursuant to NRS MOTION: Commissioner Russell moved to approve all Consent Agenda Items B through G (Approval of Claims, Approval of Travel Requests, Indebtedness Report, Debt Management Policy, 5-Year Capital Improvement Plan, and the Justice of the Peace Quarterly Financial Reports). Commissioner Nannini seconded the motion. The motion was passed unanimously. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: There were no comments from the Commissioners or the staff present. MOTION: Commissioner Eklund-Brown moved to recess the meeting. Commissioner Myers seconded the motion. The motion was passed unanimously. THE MEETING WAS RECESSED AT 7:20 A.M., AND THE BOARD OF PAGE 4

5 COMMISSIONERS, THE COUNTY MANAGER AND THE DEPUTY COUNTY CLERK TRAVELED TO MIDAS, NEVADA TO RECONVENE IN THE MIDAS SCHOOL BUILDING. 10:00 A.M. MIDAS SCHOOL BUILDING, MIDAS, NEVADA. Chairman Ellison called the meeting to order at 10:08 a.m., in the Midas School building, Midas, Nevada. He noted that all commissioners were present. PLEDGE OF ALLEGIANCE: Chairman Ellison led the Commissioners and the meeting participants in the Pledge of Allegiance. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted from the public in attendance. MIDAS WATER COOPERATIVE: Mert Mickelson discussed the water system matters as it applied to the Midas Community including current plans to address the reduced water supply level. He reported that the tank was down to seventeen feet this morning. He stated that the CDBG committee gave them $25, last year to perform the engineering. He noted that they hired V-Point an engineering company out of Sparks and they developed an engineering plan. He reported that they have held three meetings last month regarding the grant funding. He stated they had not received any official word from the CDBG committee this year whether they had received any funding or not. Commissioner Ellison stated that they had heard that Midas had not received the funding but it was not written notification. Mert Mickelson reported that they had gone to the Rural Community Development people, Farmer s Home Administration, and within two weeks they had put together a package. He stated the total package was for $600, and they had to borrow $130,000 of that money but the balance was in the grant. He stated that they had to utilize the $130, before they get any of the grant money from that. However, there were 29 voters at their meeting and they unanimously voted to go forward with that. He stated they hoped to tie into the BLM fire station. He stated if they could utilize that water source then the $600, would be sufficient to fund the entire system. He stated they would have to pump it for five miles up the hill to the tank 700 feet above the level of the BLM fire station. He stated as soon as the paper work was completed, then the funding would be available. Commissioner Ellison noted he had discussed this with a couple of people from the CDBG committee and they stated if they could located a well which had sufficient water then they would grant them funding within the next funding cycle. He inquired if the Rural Community Development people would allow them to utilize in-kind for the grant match. Mert Mickelson replied yes but did not believe they could perform $130,000 worth of in-kind services. Commissioner Nannini clarified that they would utilize the BLM well for the community and it had sufficient water. Mert Mickelson stated they did not know if it was a good well. He stated that the people at the meeting felt that they should go down the hill PAGE 5

6 to where they know there was water to get the system working. He stated their idea was if they could tie into the BLM well they would be able to establish the water supply earlier. However, if the BLM did not buy into the idea, then the community might have to go down a few more feet and drill a new well near the BLM fire station. Commissioner Ellison stated he would speak with the engineer about the water quantity from that well. Les Matson stated he had spoken with Royce Hackworth who drilled that well for the BLM. Commissioner Ellison inquired about the well up the canyon that the mine had capped off. Mert Mickelson stated that they did not have sufficient funding to perform that exploration yet. He stated that the Rural Development frowned upon that because they wanted to fund a final system. Commissioner Ellison inquired what it would cost to drill a pilot well and received the reply from Mert Mickelson of approximately $60.00 per foot. Dick Rowe stated it had cost them approximately $14,000 per hole and they drilled two test holes. Commissioner Ellison inquired where the mine s well was located and Mert Mickelson replied about ½ mile up above the present water tank. He stated that they had the funding from Rural Development but they had voiced concern about that well being a reliable source. Commissioner Nannini noted that was why they did not receive the CDBG funding because they were trying to find a water source but it was experimental. He believed that they wanted them to go down there where was a water source and pipe it back up instead of utilizing their funding for exploration and end up with no water source. Mert Mickelson stated that if they utilize the full $600,000 to get a viable water system then they would have to raise the water rates from $25.00 to $32.00 per month. He stated they hoped that would not happen. Les Matson stated he had spoken to people from the mine regarding what the fire station would require in water and received the information of 1500 gallons per minute. He stated that the mine was concerned that if they utilize that well they may be in the same aquifer as the mine. He stated the mine was concerned that they may not get that supply up to 1500 gallons per minute for the fire station usage. Mert Mickelson stated that they had four options to consider. He noted one option was up the canyon, another was across the canyon which was level with the current tank. He stated that Murdoch Canyon always had a good spring in it and they felt they would find water there. He stated the last scenario was down the canyon at the BLM site. He stated they were also speaking with the BLM about an easement to perform some exploration. Commissioner Eklund-Brown inquired if a portion of the $600, would be utilized to upgrade the existing system. Mert Mickelson stated that a small portion would be utilized to loop the existing system. He stated with the $600, they would apply a portion for a backup generator, looping the system, etc. She inquired if they would utilize a portion of the $130, to perform some test wells. Mert Mickelson noted that previously it had cost them $14,000 for test wells. He stated that they were unsure whether the mine well had sufficient water. He stated that they were concerned because it was located closely to their present well. Commissioner Eklund-Brown felt it was a lot of money to spend on two dry wells. Mert Mickelson stated that they had drilled three holes and only PAGE 6

7 one had standing water but it drew down when they pumped it. Commissioner Eklund- Brown inquired if the mine had come to their aid. Mert Mickelson stated that the mine would give them all their information about the well. Commissioner Nannini questioned whether the BLM well would supply them with sufficient water. Mert Mickelson noted that currently their well pumped gallons a minute and the BLM pumped 150 gallons per minute. Ken Klamm stated the engineer gave them the numbers of 20 gallons per minute which was the maximum that the community used. Commissioner Ellison inquired how big their storage tank was. Mert Mickelson replied 30,000 gallons. He stated that the grant had sufficient money to put in an additional tank. Les Matson stated that the BLM trucks held 1500 gallons of water. Tom Turk stated that their trucks held approximately 700 gallons on their pumpers. Mert Mickelson inquired if they filled up from their system lately and received an affirmative response. He stated that might be the reason why their tank was down and noted that would be why they needed the extra storage. Commissioner Russell inquired about the Midas Water Cooperative legal status and if this was public, private or quasi. Mert Mickelson replied it was just reclassified as transient non community system. He stated it was membership ownership. Commissioner Russell inquired if a renter could be a member of the co-op. Mert Mickelson stated it was property owner based. Commissioner Russell noted then the renter did not have a membership. He stated as a private corporation there were requirements for them to notice the people of the meetings. Mert Mickelson stated that they mailed notices to the property owners about the meetings. Commissioner Russell inquired if this was a separate board that operated the co-op or if it was a general membership meeting. Mert Mickelson stated a separate board operated it. He stated they had one general meeting scheduled annually and the locals were notified of the board meetings. Commissioner Russell inquired if that was pursuant to their By-Laws. Mert Mickelson stated that their Bylaws required a general meeting once a year which was held on the 4 th of July weekend and the rest of the time the Board ran the co-op. He stated they tried to hold the board meetings here in Midas so there was local attendance. Commissioner Russell inquired if they had to have permission from the membership on the grant or could the board make the decision. Mert Mickelson replied that would be made by the Board and they had held three meetings on this grant in this room which had local attendance last month. Commissioner Eklund-Brown inquired if they were elected to the Board. Mert Mickelson stated that the five members were elected to two year terms. Tom Turk stated that they might not be able to get the BLM well to pump 1500 gallons per minute. Tom Turk believed that they would probably meet their fire flow calculations based upon water storage on site. He stated that during the Buffalo Fire when their water system was depleted they made arrangements with a water tender company to haul water from the well down below. He stated that they applied stop gap measures so as not to deplete the community water supply. LaVerne Mellen inquired why the water board of directors told them what was PAGE 7

8 decided a week later, and she believed that they had held a sunshine meeting. She stated that they did go along with the decision but they did not get written minutes from those meetings for one whole year. She believed that they were being left out of the loop. Commissioner Eklund-Brown noted that they had a similar situation and they submitted the minutes a year later. However, she believed there would be new legislation imposed upon the common interest developments wherein they would be required to follow the open meeting laws. She noted their board only had one general membership meeting yearly also. Commissioner Russell inquired if a member of the co-op wanted to change the By- Laws what would be the process. Mert Mickelson stated that would have to be brought up at the general membership meeting and voted upon by approximately 70% of the membership to change the By-Law. Commissioner Russell noted that private corporations were governed by the State of Nevada and the Nevada Revised Statutes. Mert Mickelson stated that in the past they did not have board meetings between the general membership meetings. He noted that usually the locals attended the board meetings, if they called one. Commissioner Eklund-Brown inquired if they had someone to take monthly testing. Mert Mickelson stated that the mine took the samples of the well every month. He stated that they only had one bad sample over the last twelve years. Commissioner Eklund- Brown noted that she had just attended a class about ombudsman and water cooperatives. Mert Mickelson stated that the county could come at any time to their board meetings. Dick Rowe stated that the meeting LaVerne was referring to was when the USDA notified them that they had two days to tie up the grant funding and they did not have time to notify everyone. He stated they were contacted Wednesday and by Friday they had to sign the documents. He reiterated that the board members were elected by the majority of the property owners who owned the co-op. He stated that if the owners could not trust the board members to make that kind of a decision then they should attend the annual meeting and get themselves or someone they can trust voted upon that board. Commissioner Ellison noted that was a governmental procedure. Bert Klamm noted that the day they held this meeting she was in Elko speaking with Lynn Forsberg about this matter. She felt they should have attempted to call them on the telephone. She believed that the Commission served as advisory to the townspeople. Mert Mickelson stated that was untrue. The county did not have anything to do with the water system. Commissioner Ellison stated that the county did try to help them at the CDBG grant hearings. MIDAS CEMETERY: Robert Stokes noted he had spoken to Dan Bennett and he felt there may be open issues as to the plotting of the cemetery. Dan Bennett stated they had submitted a letter to the County about mapping the cemetery. Commissioner Nannini noted that they also wanted to submit the formal document that Jarbidge had drafted for their cemetery as an example. Robert Stokes noted that they had submitted a letter to Dan Bennett but there was no formal agreement on this matter. Commissioner Nannini suggested a countywide policy. Robert Stokes stated that there was no demand for the Midas plots presently but PAGE 8

9 suggested that there be an agreement drafted. Commissioner Nannini noted that in Jarbidge there was a private endowment for the maintenance of the cemetery yet here in Midas the local people maintained their cemetery. Commissioner Ellison liked Commissioner Eklund-Brown s suggestion of a Memorandum of Understanding. CREATION OF A MIDAS COMMUNITY ADVISORY COMMITTEE: The Board considered the creation of a Midas Community Advisory Committee to advise the Commission on Midas matters. Earlier this year, the County was approached regarding the formation of an Advisory Committee for the Midas Community. The Commission received comments both for and against the proposal. Staff was directed to put this issue back on the agenda to be discussed in Midas. Don Mellen stated that of the 21 residents who met, 15 residents voted for the formation of an advisory committee, 4 residents were out of town, and 2 voted no. He stated that he and Ken Keller were elected to go to Elko to talk to the commission about the formation of this committee. He noted that at the Elko Commissioner s meeting they met opposition from the Commissioners and one nonresident of Midas. He stated he and Ken relayed the results of that Commission meeting to the Midas residents and it was by unanimous vote of those residents that they did not want to be associated with the County on this particular matter. Therefore, they requested that this item be disregarded. Commissioner Eklund-Brown noted that the Commission appoints members to the various Town Advisory Boards in the unincorporated towns. She stated they were not disregarding what the community wanted. Don Mellen noted they had tried this before and they did not believe this would work now. LaVerne Mellen stated that they had 24 full time residents inclusive of two children, two people that were not full time and about four people that were not voters in this district. She did not believe that the full time residents, Elko voters carried much weight. She stated that there were more property owners who lived out of town and if they formed an advisory board then the full time residents would be outvoted by the part-time residents. She stated the full time residents would like to have more say especially in situations such as this week when juveniles were traveling by 4-wheelers and shooting at parked cars. She stated they had no one in authority to go out and speak to those children. She noted the response time of the Sheriff s office when notified of such events. Commissioner Ellison stated he believed in the democratic process. Commissioner Nannini believed that even a part-time resident should be able to have a say. He noted that when he first became a Commissioner they tried to get a Midas Town Board established but it did not happen because the problem was the residents against the non residents. He reviewed the process of establishing a town advisory board and the appointment of the advisory board members by the Elko County Commission. He cautioned that just because they were on the advisory board did not mean that they could go out in the street and tell people they could not speed. He stated they still had to call out a deputy and could not take the law into their own hands. He stated that the town advisory board could make a PAGE 9

10 recommendation about the speeders but the County Commission still had the final decision on these unincorporated towns. If they incorporated, then they would have their own police force. He felt that they should include all the people of the community. Ken Klamm felt that the full time residents needed to have some voice because they live here full time. Commissioner Nannini noted that Commissioner Eklund-Brown was their representative and suggested that she come up her and help them organize a board. However, he felt that everyone should have the opportunity to participate. He believed that at one time the fire department was the town board. He stated they supported the formation of town advisory boards but cautioned them about the possible conflicts. Bob Unger stated he had property here longer than anyone present at the meeting but was only a part-time resident. His home was in Winnemucca. He noted he had previously opposed the formation of an advisory board at the Elko County Commission meeting. At the July 4 th general membership meeting held in Midas, he had brought this up. He stated that there was no consensus for or against the formation of an advisory board. Bob Unger noted that there had been previous conflict over this issue. He did not believe that they needed an advisory board and felt that this would be another bone of contention. Commissioner Nannini noted they could do what they wanted to do and the Commission would support them. Jacque Ewing Taylor stated approximately five or six years ago this subject came up and she composed a listing of all property owners. She noted that she, Don Mellen and Bob Unger polled all the property owners as to what type of advisory board they would like or if they wanted one at all. She stated that the majority of the property owners responded that they did not want an advisory board at all. Commissioner Eklund-Brown noted that Jarbidge had a similar situation but they had an advisory board composed of one full time resident and two part-time residents. She stated that the full time board member contacts the part-time residents by phone to address all the situations. She stated that the commission, knowing that they did not have an advisory board, would probably listen to the regulars. Now knowing the problems the residents were having, and especially when they were on their own the Commission would attempt to help them. Commissioner Russell voiced support of the democratic process and noted that property ownership was not one of the requirements to vote. He stated that whatever the community wanted, he would support. MIDAS COMMUNITY: Robert Stokes stated he had put on the following items for discussion by the community: Sewage/wastewater disposal/treatment concerns on a community basis, Solid Waste Disposal, Area Law Enforcement, Fire Service, Area road and related traffic matters, Friends of Midas pursuits and activities. Dale Keller stated that third street was being used for storage, and it was a fire hazard. He requested that the County Commissioners direct the people to clean it up. He stated that the street was covered up with telephone poles and debris. Commissioner Ellison stated that on the way out they would drive by and look at it. PAGE 10

11 Tom Turk stated that prior to the meeting they had took a look at the street which dead ends at the creek. He stated that there were some items piled on both sides and the tree limbs may add to the increase of fuel loading. As to the road right of way, he believed that may be a public work s issue. He stated that street was not fully obstructed and felt that there may be set backs to address. PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE FRIENDS OF MIDAS: The Board presented a Certificate of Appreciation to Dan Bennett representing the Friends of Midas for their contributions to the Community, the Midas School Building and the Midas Cemetery. NEWMONT MIDAS MINING: The Board considered the request to increase the speed limit on the Elko County portion of the Midas Road from 35 miles per hour to 45 miles per hour. If the Commission found that there was justification to increase the speed limit, a Resolution would be prepared for approval at the next Commission Meeting. W. Scott Wood, Newmont (Midas Operations), stated the mine wanted to put in a fair amount of money in upgrading that roadway to where it met the same standard as the Humboldt County side. He stated they would like a road that was balanced. He noted that the road was very rough and they would like to widen the road so there was some place to pull over if they meet somebody. He stated that the suggestion was made that they drive the road at 35 mph and see if it was as acceptable as driving it at 45 mph. He stated that there were a lot of people that made that commute every day and Newmont mining would like to see that upgraded to 45 mph. He stated that if the change was not made there was no signage that showed the speed dropped to 35 mph on the Elko County side. He understood that Newmont was willing to provide the signage if necessary but they were also willing to provide the signage even if it was 35 mph. Commissioner Ellison noted he had never seen anyone do 35 mph on that road. Dick Rowe stated traveling that road back and forth he did not have a problem with the 45 mph speed limit. However, he stated that he was almost driven off of the road by the mine bus. He stated that he complained to the mine manager and the bus driver called him and apologized. Dick Rowe noted that the Sheriff s Deputy had been out here but he did not even have a radar gun. He requested that there be more legal enforcement to regulate the speed on that road. W. Scott Wood stated that they had utilized their radar gun to monitor their mine personnel but obviously they had no control over non mine personnel. Commissioner Eklund-Brown noted that they had control over the mine bus drivers. MOTION: Commissioner Nannini moved to change the speed limit from 35 miles per hour to 45 miles per hour and they try to increase the enforcement. Commissioner Myers seconded the motion. Commissioner Russell noted even if they increase the speed limit to 45 mph there was no guarantee that anyone would drive it 45 mph. He stated that the road was engineered for speeds of 35 miles per hour and once they increase that speed to 45 mph PAGE 11

12 then people drive it at 55 mph, they were creating a safety hazard. He stated that if the speed limit was 35 mph and they were driving 45 mph then they were still speeding. He noted that by increasing the speed limit to 45 mph then they decreased the penalty for speeding and there would be a smaller penalty for the people receiving tickets. Commissioner Eklund-Brown felt that the road was engineered for higher speed and believed it should be consistent with the Humboldt County side. Commissioner Ellison noted it was a long stretch of road and it was a good road. Commissioner Myers felt that there should be a letter sent to Newmont seeking the signage at 45 mph. He also suggested that a letter be sent to the Sheriff s Department requesting additional enforcement. Commissioners Nannini, Myers, Eklund-Brown, and Ellison voted aye. Commissioner Russell voted nay. The motion was passed by majority vote 4-1. W. Scott Wood stated he was not prepared to discuss mining operations inclusive of issues related to Elko County and the Community of Midas. HECLA VENTURES CORPORATION - DRAFT AIR QUALITY OPERATING PERMIT: The Board considered the comments regarding the Hecla Ventures Corporation - Draft Air Quality Operating Permit application to NDEP Bureau of Air Pollution Control. NDEP was accepting comments on its intent to issue a Class I air quality operating permit to Hecla Ventures Corporation for the Hollister Development Block Project (mining exploration) located 15 miles southeast of Midas, Nevada. MOTION: Commissioner Russell moved that the Board send a letter recommending that the NDEP issue a Class I air quality operating permit to Hecla Ventures Corporation for the Hollister Development Block Project. Commissioner Nannini seconded the motion. Charles Tulumello inquired when the permitting would be done for the mine operations. Commissioner Ellison stated that presently the NDEP were only seeking comments at this time and the Board was sending their recommendation for approval. Commissioner Eklund-Brown noted the NDEP would seek comments until August 8, Robert Stokes stated that about a month ago they had also received a request for comment from the BLM and the Commissioners had submitted a letter at that time. He noted that the BLM was also involved and suggested that Charles Tulumello contact them. The motion was passed unanimously. NEVADA DIVISION OF FORESTRY: The Board considered approval of a $122, 073 BLM Rural Fire Assistance Program Grant for equipment for 11 Elko County fire Departments. The 10% grant match requirement would be made up by in-kind training. Tom Turk, NDF, stated this was the third year of the program through the BLM and PAGE 12

13 it was for equipment and they were requesting their annual approval for this grant. MOTION: Commissioner Nannini moved to approve the BLM Rural Fire Assistance Program Grant. Commissioner Russell seconded the motion. The motion was passed unanimously. DECLARATION OF EMERGENCY INSECT INFESTATIONS: Commissioner Ellison stated they were awaiting to hear upon the funding and he had received calls from up north with regards to the grasshoppers. Commissioner Nannini stated that he had heard they had allocated 20 million federal funding for the three states, Utah, Idaho and Nevada. He had heard through Senator Reid that their portion would be approximately six million dollars. Commissioner Ellison noted that they hoped to perform spraying in the spring with that funding. ELKO COUNTY PUBLIC LAND USE ADVISORY COMMISSION (PLUAC): The Board considered the appointment of a member to PLUAC to fill a vacant position. Robert Stokes informed the Board that there were two candidates: Mr. Martsolf and Jack Prior. MOTION: Commissioner Myers moved to appoint Jack Prior to PLUAC. Commissioner Nannini seconded the motion. Commissioners Myers, Nannini, Eklund-Brown and Ellison voted aye. Commissioner Russell voted nay. The motion was passed by majority vote LEGISLATIVE AND SPECIAL SESSIONS: Commissioner Ellison noted the budget disagreement going on in Carson City currently and the economic impact upon the mines and businesses within Elko County. CONSERVATION AND RESOURCE PROTECTION GRANT PROGRAM (QUESTION 1): The Board considered submitting a letter requesting a reduction of the Question 1 Grant Program match requirements for the Land/Water Acquisitions in counties with a population less than 100,000 from twenty-five percent (25%) to five percent (5%). Commissioner Eklund-Brown noted she had attended a lot of the Question 1 meetings with the departments throughout the County and there were funding opportunities for development of trail systems, land acquisitions, etc. She stated the funding was available for recreation, fisheries and inquired if Midas was interested in nominating a project. She encouraged them to contact her quickly if they had a project to incorporate within this program. She noted they were asking for a 25% match on the trails and that was a large amount of money for land acquisitions. Commissioner Ellison inquired if they could utilize Question 1 funding for the Midas park system. Commissioner Eklund-Brown felt that project might be eligible. She stated that they would also like to add on the PAGE 13

14 recreational trails grant portion, Subsection 7A1, adding on for motorized use on recreational trails together with the 5% match on the match for acquisitions. MOTION: Commissioner Myers moved to approve sending a letter to the State Question 1 Board requesting that Land/Water Acquisitions in counties with a population less than 100,000 be reduced to 5% and that they include motorized trails in the Question 1 grant application process. Commissioner Eklund-Brown seconded the motion. Commissioner Russell felt that they were making it easier for acquisition of private property in rural counties. He felt that it would move the money out of the populous areas such as Washoe County and Clark County. He stated this would encourage acquiring more private land and passing it into lands that were already largely public lands so he could not approve this. Commissioner Nannini noted that this was voted on by the people of Nevada and approved by 70% of the voters. Commissioner Russell noted that they would utilize this funding to acquire private property. He noted that they were requesting a change in the match percentage on these grants. Commissioner Myers felt the County would have more control over which programs were approved because they signed off on the grants. He stated that if they did not support the change in percentage they would not see any funding for their recreational trails. There was a question as to whether if any of this money could be utilized to acquire public lands such as across BLM for the trails and recreation. Commissioner Eklund- Brown stated that ECVA was partnering with the BLM and Forest Service to develop trails upon public land and this funding would go toward construction of trails, renovation of roads, signage or kiosks. Commissioner Myers noted that they did not acquire public land but rather develop the trails. Commissioners Myers, Eklund-Brown, Nannini and Ellison voted aye. Commissioner Russell opposed. The motion was passed by majority vote 4-1. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Myers thanked the Midas community for their hospitality. Commissioner Ellison noted it was Commissioner Myers first trip to Midas and they had toured the town. Commissioner Eklund-Brown encouraged them to contact her if they want to establish an advisory board. Vicki Keller noted there was a lot of homesteading going on here and there was no homesteading allowed anymore. She stated that the people occupying 3 rd street had been here for two years now. She noted that there was real property behind 3 rd Street and those lots were still owned. She believed that the people obstructing 3 rd street was causing a fire hazard and claimed they were homesteading. John Elger stated that some of the material on 3 rd street was material to be used for building. He stated that when he built his place he had material laying all about. He stated that he did not mind that individual leaving his building material there. He did not want to PAGE 14

15 step on him and hurt him before he had a chance to build. He pointed out that the Kellers did not live here anymore. He noted that previously they had mining stuff all over and they didn t complain then. John Elger stated Ken Klamm was not a rich person and he was attempting to move into the region. LaVerne Mellen clarified that the lots Mrs. Keller referred to that the Klamms were homesteading on, the Klamms were in the process of buying that property which was tied up in probate. Dick Rowe, Chairman of Nevada Big Horns Unlimited, reported there would be an event scheduled on August 9 th and informed Commissioner Eklund-Brown that they may have some projects to nominate for Question 1 funding. Robert Stokes noted that for the past several years the Commissioners held their outlying mid month meetings from March to October. He stated that they had previously had came to Midas and held their entire meeting at Midas. However, due to budget restraints the Commission decided not to travel 6 to 8 months during mid-month meetings but they still wanted to meet with everyone. Therefore, the Commission decided to combine several outlying communities within a one-day trip and today they would meet in Midas, Tuscarora and Mountain City. MOTION: Commissioner Myers moved to recess. Commissioner Nannini seconded the motion. The motion was passed unanimously. THE MEETING WAS RECESSED AT 11:40 A.M., AND THE BOARD OF COMMISSIONERS TRAVELED TO TUSCARORA, NEVADA TO RECONVENE IN THE PARKING LOT OF THE TUSCARORA POST OFFICE BEGINNING AT 2:00 P.M. (PDST). 2:00 P.M. TUSCARORA POTTERY SCHOOL, TUSCARORA, NEVADA. Chairman Ellison called the meeting to order at 2:06 p.m. on the lawn of the Tuscarora Pottery School. PLEDGE OF ALLEGIANCE: There was no flag available. Therefore, there was no Pledge of Allegiance given. COMMENTS BY THE GENERAL PUBLIC: There were no comments from the general public. TUSCARORA WATER DISTRICT: Water System: Lynn Forsberg gave the operational report on the water system. He stated that there were failures on some of the water samples due to chloroform bacteria. He noted that now they were back to clean samples. He stated that they would have to add more chlorine or find a way to circulate the water. He reported that the new electrical system was working really well. Gail Rappa inquired about the lead and copper sample. Lynn Forsberg stated that they failed to take that sample like they should have. He stated they would take a sample this year but lead and copper had not been a concern. PAGE 15

16 TUSCARORA TAVERN - SOCIETY HALL: Pursuant to Notice No , NOTICE TO CONTRACTORS - INVITATION TO BID - CONSTRUCTION OF THE TUSCARORA COMMUNITY CENTER, bids were received by 2:00 P.M. and opened at 2:15 P.M. on July 8, Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive/responsible bidder. Lynn Forsberg reported that they had received one bid from Michael Clay Construction and there may have to be negotiation with the single bidder for the reduction of the scope of the project because the bid was twice the amount allocated for this project. He stated that the bidder had given them a proposal on what it would take to put a roof on, stabilize the floor, etc. Lynn Forsberg stated they were awaiting confirmation from the State Historical Preservation Office that it was all right to reduce the scope of the project. He asked that this be tabled until the first meeting in August in order to get the approval from the Historical Office to change the scope. Gail Rappa voiced concern that this bid was so far over budget. She noted that when J.D. Long initially phased this project out, but the first phase was approximately $151,000. She stated that they had received $120,000 from the grant and they could see them being over $50,000 but for the bid to come back twice the amount of the estimate by the architect, she inquired why they were so far off. She noted that Lynn Forsberg had informed them that shotcrete would cost $120, alone. She believed that J.D. Long had taken into consideration the distance to haul the materials. Lynn Forsberg stated that when the estimates were brought forward there were no plans. He stated that the structural engineer did not have details on the project and the estimate was given on a site visit. He stated when they prepared the plans, they had discovered more problems. He noted that there was only one shotcrete company in Elko which was Thiessen Team USA Inc. He stated that company performed mine work and this plan was a wild guess. Commissioner Ellison inquired about funding for phase II of the project. Lynn Forsberg stated he had spoken to the committee about returning for subsequent phasing. He stated that the grant hearings for were heard in March so they missed this cycle. He stated that the next hearings would be held in October for the next grant cycle. He stated that if they wanted to go forward with the building they would have to take care of the immediate problem which was the roof. Gail Rappa stated she understood that the shotcrete would bear the weight of a new roof. She did not understand how you put a new roof on without first applying the shotcrete. Lynn Forsberg stated that they could do temporary stabilizing inside the walls. He stated that the contractor had given them an estimate on what that would cost for temporarily structural bracing which would cost $ Gail Rappa felt it made more sense to perform the shotcrete and perform a temporary roof. Lynn Forsberg stated there was not sufficient funding for that. Commissioner Ellison suggested that they have all the information at the first of August. Lynn Forsberg noted that their grant ran out in December with no extensions. Gail Rappa voiced concern that there would not be sufficient time to perform the construction before winter. Lynn Forsberg stated that they should not award a bid that they could not pay for. PAGE 16

17 He noted that the original budget did not contain anything for engineering or architecture. He stated that there was over $20,000 sitting out there in engineering and architect fees. He noted that they had already paid out $12,000 in architect and engineering fees and there was no budget for it. Gail Rappa stated she understood that they could pay those fees out over the life of the project. Lynn Forsberg stated that was fine but J.D. Long s contract was for $30,000 over the life of the project. He noted that they had already paid out $12, and they had not built a thing. Commissioner Ellison clarified that it would be a completely sealed roof with farm bracing. He noted that if they expended the money in phase I, he believed they had a good chance in getting funding for phase II. However, if they did not expend any money for phase I they may lose further grant funding to complete the project. Lynn Forsberg voiced concern that if they award this today they may not have sufficient funding to pay all the bills. He reiterated that they did not have anything from the State Historical Preservation Office saying it was okay to go with the revised budget. He voiced concern that the County would be liable for any outstanding fees. Robert Stokes inquired if Gail Rappa could attend the Commission s August 6 th meeting to discuss this. Jim Sanborn stated that he had not seen any plans and inquired what type of roof it would be, pitched, flat, etc. Lynn Forsberg stated that it would be a pitched roof. Jim Sanborn voiced concern that they would make it a flat roof. Gail Rappa inquired what the name of the contractor was. Ron Arthaud stated that they knew a contractor who had wished to make a bid on this but was not contacted. Lynn Forsberg noted that the bid was advertised and they did not keep a bidder s preference lists. He stated they did not keep lists of bidders to notify when they had a bid because if they left someone out there would be trouble. He noted that every contractor knew that the County would advertise their projects for public bid. Lynn Forsberg noted that the bids were posted on public agendas, advertised in the newspaper and posted in plan houses such as in Boise, Salt Lake, Twin Falls and Reno. Commissioner Russell noted that Ron could read the paper and notify a contractor to submit a bid. Gail Rappa inquired what would happen in August. Lynn Forsberg felt they would know if the State Historical Preservation Office would allow them to adjust the budget and proceed on the project. He stated they may have to go back before their board. MOTION: Commissioner Myers moved to table. Commissioner Russell seconded the motion. The motion was passed unanimously. TUSCARORA CEMETERY: The Board considered water rights, distribution lines and other issues related to providing water to the cemetery for maintaining trees and/or shrubbery. Jim Sanborn noted that Robin Van Norman had spoken to him and the pump was in the stove pipe shaft. He stated that Mr. Van Norman had 2 cubic feet a minute of water rights on that stove pipe shaft which was connected to the lake. He felt they would have a good volume of water available. He believed that they need the fittings, a tank, and pipe with a shut off for this project. Lynn Forsberg stated that they would have to address the PAGE 17

18 water rights to keep it legal. Commissioner Ellison agreed that they would have to apply for a change of diversion for the water. Lynn Forsberg noted they would have to acquire permission to cross all the lands involved. Gail Rappa understood that there was a problem with crossing the road. Commissioner Ellison noted that they were considering going under the road through a culvert. Jim Sanborn noted there was a culvert in line with where they wanted to run the water. Lynn Forsberg felt the biggest problem would be getting authority to cross the lands, inclusive of the BLM land. Jim Sanborn stated that the cemetery was upon a mining claim. Commissioner Ellison noted that the Van Normans owned one side of the land by the road. Lynn Forsberg stated that they had a 5,000 gallon tank they could utilize. Jim Sanborn noted he was speaking about a pressure tank. Lynn Forsberg encouraged them to go forward with this water project because of all their past efforts on the cemetery. Commissioner Ellison noted they would have to look into the easement and if it was private or public property. Lynn Forsberg noted that Randy Brown was a water rights surveyor. Jim Sanborn noted that they could utilize two water faucets to water the cemetery, and install the system so it would be self draining for winter months. MOTION: Commissioner Eklund-Brown moved to direct staff to ascertain ownership of the proposed linear line for the water system for the cemetery and determine ownership, determine feasibility of easement access and point of diversion through the State Water Engineer. Commissioner Myers seconded the motion. The motion was passed unanimously. Gail Rappa noted that the gentleman that owned the mining claims was unresponsive. She stated that he had not responded to three certified letters sent to him by the BLM. Gail Rappa voiced concern that they may not be able to contact this owner to get approval. Commissioner Ellison felt that they may at least be able to get the water on the same side of the road as the cemetery. Jim Sanborn noted the verbal agreement between himself and Robin Van Norman was that the water pipe would be no more than 12 inches below the surface because there may be graves outside the fence. Commissioner Myers noted that they would have to get authority to cross private property. PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE FRIENDS OF TUSCARORA AND INDEPENDENCE VALLEY: The Board presented a Certificate of Appreciation to the Friends of Tuscarora and Independence Valley for their contributions to the Community, the Tuscarora Society Hall and the Tuscarora Cemetery. Gail Rappa accepted the Certificate on behalf of the Friends of Tuscarora. She expressed appreciation of the moral and financial support the County had given them. TUSCARORA COMMUNITY: There were no other Tuscarora Community matters for reporting or discussion. Chairman Ellison called the Jarbidge Town Board to order at 2:38 p.m., and the PAGE 18