STATE OF NEVADA )

COUNTY OF ELKO ) ss.AUGUST 17, 2005

The Board of Elko County Commissioners met in a regular session on August 17, 2005 at 7:00 a.m., at the GeorgeBoucherAdministrationBuilding, 569 Court Street, Elko, Nevada.

There were present: CountyCommissionersCharlie Myers, Chair

John Ellison

Warren Russell

Sheri Eklund-Brown

Mike Nannini

CountyManagerRobert Stokes

CFO/Ast. Co. Mgr.Cash Minor

Deputy District AttorneyKristin McQueary

Deputy County ClerkMarilyn Tipton

Ambulance DirectorBill Webb

Road SupervisorOtis Tipton

Planning and Zoning Randy Brown

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The proceedings were as follows:

CALL TO ORDER

Chairman Myers called the meeting to order at 7:03 a.m. He noted for the record that Commissioners Myers and Ellison were physically present and Commissioner Nannini was present by phone. Commissioners Russell and Eklund-Brown were absent at this time.

COMMENTS BY THE GENERAL PUBLIC:

No public comments were voiced at this time.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA):

HAZARD MITIGATION GRANT:

Bill Webb requested approval of a FEMA Hazard Mitigation Grant application with the match requirement being met by budgeted in-kind contribution.

MOTION:Commissioner Ellison moved to approve the FEMA Hazard Mitigation Grant Application in the amount of $67,000 with the match requirement being met by budgeted in-kind contribution in the amount of $16,781.00. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Commissioner Russell arrived at 7:05 a.m.

BLM WILDLAND FIRE EMERGENCY AGREEMENT:

The Board considered approval of an agreement between the BLM and ElkoCounty for use of County equipment during a wildland fire event. This agreement was in the best interest of the County to assist in protection of the health safety and welfare of County residents.

Commissioner Myers noted they had received a memo regarding Kristin McQueary’s comments regarding the County charging contractor prices. Kristin McQueary noted that Otis had voiced concern about the County Road Department being in competition with the local contractors.

MOTION:Commissioner Ellison moved that they approve the Agreement contingent upon changes recommended by Kristin and approval by the CountyManager. Commissioner Nannini seconded the motion. The motion was passed unanimously.

SILVER STATE CLASSIC CHALLENGE, INC.:

The Board considered approval of a road closure for the Gold Rush Challenge Road Race on S.R. 278 between mile marker 4, outside of Eureka, and mile marker 61 on Sunday, September 18, 2005 between 5:00 a.m. and 4:00 p.m. as required by NDOT for a road race.

MOTION:Commissioner Nannini moved to approve the road closure for the Gold Rush Challenge Road Race on SR 278. Commissioner Russell/Ellison seconded the motion. The motion was passed unanimously.

Commissioner Eklund-Brown arrived at 7:06 a.m.

CONSENT AGENDA:

Approval of Preceding Minutes:

July 6, 2005: 1. Board of CountyCommissioners

2.JackpotTown Board

July 7, 2005: 1. Board of Commissioners

2.Board of County Highway Commissioners

3.JarbidgeTown Board

Presentation and review of claims for approval.

Review and approval of travel requests that may be pending.

Sexual Assault Application for Assistance:

Number 2005-P: The District Attorney’s Office recommends approval by the Board of Commissioners.

Commissioner Myers asked if they had received any claims or travel requests. Robert Stokes stated those could be submitted at a later time for their signatures.

MOTION:Commissioner Russell moved to approve Agenda ItemA (Approval of preceding minutes) and Agenda Item D (Sexual Assault Application for Assistance) with changes from Commissioner Eklund-Brown. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Commissioner Myers inquired if they would take the claims and pending travel requests with them to the meeting in Jarbidge. Commissioner Ellison suggested they make their approval contingent upon all five of the Commissioners’ signatures.

MOTION:Commissioner Eklund-Brown moved to approve agenda item B (Presentation of Claims)and Agenda item C (Travel Requests) contingent upon all five board members’ signatures. Commissioner Russell seconded the motion. The motion was passed unanimously.

COUNTYCOMMISSIONERS AND COUNTY STAFF COMMENTS:

Robert Stokes stated the Jarbidge community would provide them with a potluck lunch. He noted that Commissioner Nannini may be delayed by construction outside of Wells. He expressed a concern about having a quorum setting if other Commissioners were delayed in arriving at the meeting.

Commissioner Myers called a recess at 7:10 a.m.

THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO JARBIDGE, NEVADA TO RECONVENE AT THE JARBIDGE COMMUNITY HALL, JARBIDGE, NEVADA AT 11:00 A.M. (Pacific Time).

CALL TO ORDER

Chairman Myers called the Commission to order at 11:13 a.m.

PLEDGE OF ALLEGIANCE:

Commissioner Myers led the meeting participants in the Pledge of Allegiance to the American flag.

Commissioner Myers expressed the Board’s appreciation for the lunch served by the community.

COMMENTS BY THE GENERAL PUBLIC:

Beth Fine thanked them for acknowledging the public. She commented that most of her latest communication had been submitted through letters. Commissioner Myers informed them that he had been out of town but had read her last letter.

Roberta Skelton inquired if there would be any grading done in the future. She understood that the grader was broke down. Commissioner Myers stated he had asked Otis about the grader because he was concerned about the road’s surface at the steep grade coming into town from the South. He noted Otis had explained that the grader had to have all the tires replaced. Otis Tipton stated they had placed an order for the tires a while back but had not received the tires. He noted the grader in Jarbidge needed all new tires. He stated the maintenance work was completed on the grader and they were just waiting for the replacement of those tires. He commented that the mines were having the same problems with tire shipments. Commissioner Ellison commented that D&D Tire was having the same troubleacquiring tires.

Otis Tipton noted that when they brought back the grader they would pick up the backhoe for its routine maintenance. Roberta Skelton voiced concern about the condition of the road especially on the grade. Commissioner Russell inquired if they could use a rock rake on thatportion of the road. Otis Tipton noted that the road was hard in that section of the road and the rock rake would not help.

Ken Heil thanked the Commission and the Forest Service for the temporary bridge. He stated that since the bridge was put in, business had been better in the community.

Commissioner Myers stated that if anyone had any further questions, please raise their hands and they would be acknowledged.

HELEN E. WILSON MEMORIAL PLAQUE:

The Board considered approval of a Memorial Plaque honoring the many community contributions of Helen E. Wilson, a long time Jarbidge resident.

MOTION:Commissioners Ellison and Nannini moved to approve the memorial plaque honoring Helen E. Wilson. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Jack Creechley accepted the plaque on behalf of the community. He stated that the plaque would be hung in the Community Center in Helen’s honor.

PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE JARBIDGE COMMUNITY:

The Board considered approval of a Certificate of Appreciation to the Jarbidge Community for their assistance in the erection of the temporary bridge to allow the safe flow of traffic in the Jarbidge area.

MOTION:Commissioner Eklund and Ellison moved to approve the

Certificate of Appreciation to the Jarbidge Community. Commissioner Russell seconded the motion. The motion was passed unanimously.

Jack Creechley accepted the plaque on behalf of the community and stated it would be placed in the Community Hall.

PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE JARBIDGE SHOVEL BRIGADE & VOLUNTEERS:

The Board considered approval of a Certificate of Appreciation to the Jarbidge Shovel Brigade and other Volunteers for their efforts to erect the temporary County bridge to allow for the safe passage of visitors in the Jarbidge area.

Otis Tipton noted he had spoken to both Grant Gerber andMike Lattin and they could not make it to this meeting in Jarbidge due to prior engagements. Robert Stokes noted that he had received a letter from Grant Gerber informing him that he had a prior engagement. Robert Stokes had informed them that it would be placed upon the September 7th meeting agenda in Elko. He felt that they should thank the members of the Shovel Brigade and the volunteers here in Jarbidge today which helped with the temporary bridge.

MOTION:Commissioner Ellison moved to approve the Certificate of Appreciation to the Jarbidge Shovel Brigade and Volunteers. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Commissioner Ellison suggested that this be placed in the JarbidgeCommunity Center. Commissioner Myers noted they would put this item on the meeting agenda for next Wednesday and award it to the Shovel Brigade members present. He felt that the Shovel Brigade should decide where they wanted that plaque to be placed. Commissioner Myers expressed appreciation to both the volunteers and the Shovel Brigade for all their hard work. Commissioner Eklund-Brown recognized the federal agencies involved, the Forest Service, the Fish and Wildlife, and Army Corp of Engineers. Commissioner Myers noted that the Forest Service had moved at lightning speed and recognized that Paul Flanagan of the Forest Service was present at this meeting. Commissioner Eklund-Brown noted the federal agencies had performed in an expedient manner to get all the permits for them. Commissioner Myers suggested that they also recognize the Forest Service on the next Wednesday meeting agenda.

US FOREST SERVICE:

Bridge Replacement Project:

Otis Tipton, County Road Supervisor gave an updated report on the status of the construction project to replace the two flood damaged bridges in Jarbidge. He stated on the 11thof August they held the pre-job meeting with the contractors. He commented that there were several contractors who attended the pre-job meeting. On the 15thof August, he opened the bids for the timbers, hardware and precast deck. He stated that the Commission only authorized $150,000.00 for the County’s portion. However, the pre-stress deck for both bridges would cost $132,487.00 and the abutments, wingwalls and hardware for the timber package would be $75,300.00 for a total $207,787.00. Otis Tipton stated that they would have to authorize him to pay an additional $57,787.00 before he could order these. He stated that if he placed the order today the earliest they would get the deck would be by October 13, 2005. Commissioner Eklund-Brown inquired if that was from the lowest bidder and received an affirmative response. Commissioner Ellison noted that they did not have time to go out to bid again. Otis Tipton noted that it was not a bid it was only a request for proposals. He commented that only two proposals were received. Commissioner Russell recommended that they give authorization to purchase the materialsto Otis. However, they need to give that authorization in a special meeting and suggested they hold an emergency meeting tomorrow. Commissioner Russell stated there were some assurances from the people within the Forest Service that they were working very hard to get the balance of the funds to complete the project. Commissioner Ellison inquired if there was enough money in contingency to cover the additional amount. Robert Stokes stated Otis came up with an idea for some temporary funding. He asked if Paul Flanagan had any additional information today. He stated Paul was working with the Forest ServiceEngineer and he would bring that information to the emergency meeting which would be held tomorrow or the next day. Robert Stokes believed that the County could be reimbursed by the Forest Service. He stated Otis had identified the funding for the Bullion Bridge Project, which would be delayed until next year. Therefore, some of that budgeted money could be used for this project. He stated hopefully by Thursday or Friday afternoon they could hold an emergency meeting.

Commissioner Nannini inquired if the Board could give the CountyManager authority to could do this action. Robert Stokes noted that the item was on the agenda as a non action item.

Commissioner Myers suggested that Otis order the materials and they would hold the meeting tomorrow to ratify that action.

Paul Flanagan stated the Forest Service has asked for bids for the actual construction. He noted that the bids close in four days. He did not have any information with regards to the closing of the bids but knew there would be a three day waiting period in order to receive the mail-in bids. Paul Flanagan did not know what the estimated costs would be. He was glad to hear that the County would purchase the materials. He believed it would expedite the project.

Paul Flanagan noted that last week there were several representatives who arrived from Senator Reid’s Office to view JarbidgeCanyon. One staffer was from the Reno Office and the other was from the Washington, D.C. Office. He stated that Senator Reid had earmarked three million dollars to finish the construction project, bridges and roads. He stated that they had identified some other bridges further up the canyon that also have problems. Paul Flanagan hopedthey have sufficient funding to take care of those bridges also. He stated that originally they were told that the three million dollars was earmarked money for the Forest. Paul Flanagan stated later they were informed that amount would come from the top of entire Forest Service budget. He stated that everynational forest across the country would be deducted a portion of the 3 million dollars. He assumed that funding would be available October 1st which was the beginning of their fiscal year. Paul Flanagan believed they would be reimbursed the $60,000.00 after October 1, 2005. However, he could not guarantee the reimbursement of $60,000 to the County. He noted that that County may have to pay the interest on that. Paul Flanagan believed they would have sufficient money once they get into the 2006 budget process. He commented that one of the staffers from WashingtonD.C. had never hiked. The Washington, D.C. staffer was also to take her first horseback ride. Paul Flanagan stated that bid process was not closed. Commissioner Myers inquired what the time frame was after the bids were closed. Paul Flanagan replied they should hear sometime next week about the bids. Otis Tipton commented that the County was holding up this process with the purchase of the materials.

Commissioner Nannini noted that there had been a lot of things that happened while he was CountyCommissioner that included the Forest Service. He stated that for the last couple of years Dan and Paul have been good working partners. He stated the Forest Service and the County have developed a good working relationship. Commissioner Nannini commented that the Forest Service would spend three million dollars here and that road really needed improvement for economic development in the area. He noted that the Forest Service fronted the permit process and that permitting was a key element in putting up that Bailey bridge. He stated they could get in troublegetting into the water without those permits. Commissioner Nannini hoped the Jarbidge community considered the Forest Service as their friends. He felt that a judge would make the decision whether the road belonged to the County or if they would end up with a road easement from the Forest Service. He noted that the listing of the Bull Trout turned the tide on this situation and dictated the engineering on that road.

Robert Skelton inquired about their road plan and inquired if the DeerCreekBridge was involved. Paul Flanagan believed that bridge was on BLM lands. He stated since Senator Reid helped with the funding maybe that funding could be expanded to that bridge. Roberta Skelton believed the condition of the DeerCreekBridgewas becoming weak like the other bridges due to amount of flooding. She noted that was the only bridge on that access out of Jarbidge. Paul Flanagan noted they had identified two more bridges last week upstream. He stated on one of the bridges they could see the river channel had shifted and the stream was running into the abutments. Paul Flanagan noted that Commissioner Nannini had commented that the County was pursuing an RS 2477 and if that action did not work then they would get a 99 year road easement that would be revocable. Paul Flanagan stated that within the one hundred years that the Forest Service has been in operation, the Forest Service had never revoked a road easement. Paul Flanagan stated that the Forest Service did not want the road because everytime it flooded, they would have to fix it.