STATE OF NEVADA, ) · Web viewCEDAR STRAT CORPORATION: Chairman Russell stated that due to an...

STATE OF NEVADA,) COUNTY OF ELKO. ) ss. MARCH 1, 2006

The Board of Elko County Commissioners met on March 1, 2006, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Warren Russell, Chair John EllisonMike NanniniCharlie MyersSheri Eklund-Brown

County Manager Robert Stokes CFO/Asst. Co. Mgr. Cash MinorDeputy District Attorney Kristin McQuearyDeputy County Clerk Marilyn TiptonPlanning and Zoning Dir. Randy Brown

- - -The proceedings were as follows:

CALL TO ORDER:Chairman Russell called the meeting to order at 1:36 p.m. Commissioner Eklund-Brown was not present at this time.

PLEDGE OF ALLEGIANCE:Commissioner Myers led the meeting participants in the Pledge of

Allegiance.

COMMENTS BY THE GENERAL PUBLIC:Mike Riordan, representing the Jiggs Volunteer Fire Department, stated they

were undertaking an addition to their fire station. He reported they had obtained a water tender under a grant application. He stated they were told by NDF that addition would be their responsibility. Mike Riordan stated through some fund raisers and some donations they had completed the footings and the foundation. He stated Tom Brown from the Carlin Honor Camp took a look at their station. Tom Brown was asked if the Carlin Honor Camp could do the framing. Mike Riordan inquired if the County had money to help pay for the Honor Camp Crew. He stated that the Jiggs Volunteer Fire Department planned on paying for all of the materials. He asked that it be a future action item on their agenda. Commissioner Nannini believed that the Board would help them and complimented the Jiggs Volunteer Fire Department on taking the initiative to be so

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MARCH 1, 2006PAGE 1

self sufficient. He stated when this was on the agenda, he would support it. Commissioner Ellison inquired what Mike Riordan’s cost estimate was. Mike Riordan replied their rate was $350.00 per day for the Honor Camp Crew. He noted that Tom Brown estimated it would take eight to ten days or approximately $3,500.00 for the inmates. Commissioner Ellison requested that it be upon the next agenda for County participation. Commissioner Russell wished a source to be identified for that funding on the next meeting agenda.

CEDAR STRAT CORPORATION:Chairman Russell stated that due to an illness Dr. Alan Chamberlain,

President of Cedar Strat Corporation, would not be able to give a presentation on the potential for oil and gas exploration in Elko County and issues that the County may face when dealing with exploration, wilderness areas and County land bills.

RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP): Karen Hodge was not present to review the RSVP program and the services

that program offers.

NORTHEASTERN NEVADA REGIONAL RAILPORT:Commissioner Ellison asked to be excused from the meeting room.

Commissioner Ellison left the meeting room at 1:45 p.m., because of a conflict of interest.

Elaine Barkdull, ECEDA Executive Director, noted that in their ECEDA By-Laws they had added that ECEDA would report back to the individual cities and the County. She stated they would give them a report quarterly to keep them informed of ECEDA’s activities. Elaine Barkdull noted that there was an editorial last week in the newspaper which commented upon the railport. She read the final comment from that newspaper article: “The Northeastern Nevada Railport is a concept that would be ready for this new future pulling our region through many economic changes to come. So don’t be surprised if Elko is a name that would be spoken in boardrooms throughout the world.” Elaine Barkdull spoke upon the various companies, some nationwide, that had contacted her.

Commissioner Eklund-Brown entered the meeting room at 1:47 p.m. Elaine Barkdull reported that she had submitted the NDOT grant for the

railport. She reported that ECEDA focused upon four committees: workforce, railport, and the recruiting and marketing committees. They would give a presentation tomorrow on their industrial marketing analysis before the community at 2:00 p.m. to 4 p.m. at the Elko Convention Center. She stated the ECEDA Board had grown to 25 members and 16 members sit upon the Board of Directors. Elaine Barkdull stated the business retention and expansion project would begin soon. She had submitted a grant application yesterday for Wells, on their Wells

ELKO COUNTY COMMISSIONREGULAR SESSIONMARCH 1, 2006PAGE -2

Retail Enhancement Program. Elaine Barkdull reported they would take twenty or thirty entrepreneurs from the City of Wells to be trained in the Next Level Program at the Small Business Development Center Program. She stated they were hiring a business coach from Salt Lake City under a mentoring program to make sure that the businesses were successful specifically for Wells.

Business Plan:Elaine Barkdull stated on March 10th the ECEDA board members would

review three proposals and select one proposal for preparation of the Plan for Business regarding the Northeastern Nevada Regional Railport. She stated a local firm Hatch Incorporated had asked permission to submit a proposal but they pulled out because of manpower issues. Elaine Barkdull reported the three proposals were as follows: Helena Corporation with Cat Logistics out of Chicago, Railport Industries from Reno, together with Mike Barnes out of Chicago. She noted they all had backgrounds in transportation. Elaine Barkdull stated she would prepare grant applications for each community but needed a County Commission letter of support for each of those applications and their approval to submit the applications for the Senate approved funding.

Elaine Barkdull reported she would be submitting an application for one-half of the million dollars for the railport project which would require the Commission’s approval. Commissioner Russell inquired why consideration was not given to the County Commission’s meeting schedule when scheduling the ECEDA’s meeting tomorrow. He noted that both meetings would be held at the same time. Elaine Barkdull explained that they had tried to schedule with Lockwood-Green and that was the only time available. She stated that the Commission would be given a summary report from Jennifer Tanner prior to the presentation at the College. She stated Jennifer Tanner would remain here until the next day so she could answer any of the County Commission’s questions. Elaine Barkdull believed people from Wells, Carlin and Elko would be in attendance at that meeting.

LOCAL EMERGENCY PLANNING COMMISSION (LEPC): Approval of 2006 Officers:The Board considered approval of the following 2006 LEPC Officers: Will

Johnston, Chairman, Gary Corona, Vice Chairman and Karla Jones, Secretary.

MOTION: Commissioner Myers moved to approve the 2006 LEPC Officers as follows: Will Johnston, Chairman; Gary Corona, Vice Chairman; and Karla Jones, Secretary. Commissioner Nannini seconded the motion. The motion was passed by majority vote. Commissioner Ellison was not present during the vote.


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Approval of New Agency Memberships:The Board considered approval of the following new agency memberships:

National Weather Station, City of Carlin Police Department, City of Carlin Public Works and Spring Creek Volunteer Fire Department.

Commissioner Ellison returned to the meeting room at 1:56 p.m.Karla Jones explained that these were new members to LEPC. MOTION: Commissioner Myers moved to approve the new agency

memberships of the National Weather Station, City of Carlin Police Department, City of Carlin Public Works, and Spring Creek Volunteer Fire Department. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Approval of the 2007 SERC Grant:The Board considered approval of the 2007 SERC grant.Karla Jones stated they have five key communities that they try to

standardize the equipment within those communities. She stated West Wendover had the main HAZMAT technicians on staff. She stated the other agencies did have some volunteers with HAZMAT training who were trained through the local mines. She reported that this was a grant they apply for annually.

Commissioner Eklund-Brown noted that during the PLUAC meeting they had spoken about a Rural Assistance Program. She inquired if funding was available for radios because the Jiggs Volunteer Fire Department needed more radios. Commissioner Eklund-Brown suggested they contact LEPC. Karla Jones stated they did not have a member from Jiggs on the LEPC board and suggested someone from Jiggs attend a LEPC meeting. She stated LEPC would meet on the 21st of March and they could submit a letter to the Carlin Volunteer Fire Station at P.O. Box 788, in Carlin, NV.

Commissioner Ellison inquired if Kristin McQueary had reviewed the grant and received an affirmative response.

MOTION: Commissioner Eklund-Brown moved to approve the 2007 SERC Grant. Commissioner Myers seconded the motion. The motion was passed unanimously.

Commissioner Eklund-Brown noted there would be a meeting on Saturday at the Spring Creek Fire Station and she planned on attending that meeting. Commissioner Myers stated he would also attempt to attend that meeting.

Commissioner Nannini noted he had filled in for Commissioner Russell at one of their meetings and inquired about the report to be filed with the State Homeland Security Level. He noted that the State was to give a breakdown upon the Yucca Mountain Project, and the route they may take. He inquired if they had received that information from the State. Karla Jones noted they had filled out


paperwork on locations and their ratings. She stated Bill Webb had that information. Karla Jones believed they would apply for the grants based on that information submitted. Commissioner Nannini felt that the nuclear waste would be shipped through Elko County. He questioned why they were not giving them funding to address this ahead of time. He noted Nye County was given forty million dollars to address it. Commissioner Nannini stated any adjoining County to Nye County had received money but Elko was not even considered. He believed that Elko County would receive the brunt of the nuclear hauling waste throughout the County.

Chairman Russell noted that Mike Riordan represented the Jiggs Volunteer Fire Department and that unit responded to areas outside of the Jiggs area. He stated they had responded to fires in Western Hills last year and complimented the Jiggs Volunteer Fire Department on their past response.

LIBRARY BOARD OF TRUSTEES/ and LAW LIBRARY BOARD OF TRUSTEES:

Chairman Russell noted that Laura Oki could not review the Board of Trustees activities because she was delayed in Battle Mountain.

RUBY MOUNTAINS RANGER DISTRICTHUMBOLDT-TOIYABE NATIONAL FOREST: The Board considered submitting comments on the proposed operations

maintenance plan for the Gennette Creek Ditch Bill easement about thirty miles south of Elko. Comment deadline was thirty days after publication in the Reno Gazette Journal.

Commissioner Eklund-Brown reported that PLUAC had requested that the Commission ask for a thirty day extension on the comment period so they may find out who owned the water rights and if this was an irrigation ditch relocation. She stated PLUAC recommended that this notice be advertised locally because it was to be advertised in the Reno Gazette Journal. Commissioner Eklund-Brown noted that Assemblyman Carpenter was present at the PLUAC meeting. She believed they should have more information on the ditch, and whether it was a course alteration, relocation or why an easement should be given. She believed they should investigate who had the water rights on the creek and who would be impacted by this decision. Commissioner Eklund-Brown noted that the response was to be submitted to the Regional Forester, Jack Troyer, in Ogden, Utah. She noted usually that would go to Paul Flanagan, the local District Ranger, or Bob Vaught as the State Forester. She felt several users would be impacted by this easement. She commented upon all the criteria which were accompanying their preferred decision upon this with regards to maintenance or any changes. She noted there was concern expressed at PLUAC. Commissioner Eklund-Brown


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reported that John Harmening had explained that this easement did not take away any water rights. Commissioner Eklund-Brown explained that the water rights were in place prior to the establishment of the Forest Service. However, the easement could make conditions upon the maintenance for these types of ditch bills. She felt maybe the Forest Service could restrict use of this creek through the easement. Commissioner Eklund-Brown noted that Assemblyman John Carpenter had brought up the fact that irrigation affected the Lahontan Cutthroat Trout and the water rights were permitted through the State Water Engineer’s Office to the ranchers for irrigation purposes.

Mike Riordan, of Jiggs, Nevada, stated last year they had toured this ditch with Bill Gibson. He noted that Bill Gibson initiated this process with the Forest Service. He stated if they looked at the map, the property that was at the head of the ditch was Bill Gibson’s property. He stated Mr. Gibson’s property was also located down below this ditch. Mike Riordan stated to the best of his knowledge this ditch not only served Bill Gibson’s property but several others. He stated the ditch served a portion of the Smith Creek Ranch which was subdivided into several parcels. He believed the water rights were probably split between the users. Mike Riordan stated approximately fifteen years ago the Forest Service sent a communication to him and his Father asking for them to apply for an easement for their ditch. He noted their ditch crossed Forest Service lands out of Smith Creek. They initiated the process and had some survey work and a map developed. Mike Riordan stated they then realized that the easement process was not necessary. He and his Father firmly believed that the Nevada State Law protected all their rights to use, manage and maintain that ditch. Mike Riordan had received a copy of the article put out by Stewards of the Range called Cornerstone. He stated that article addressed issues in Idaho wherein the Mining Act of 1886 allowed private properties to construct water diversions across federal lands. He stated that Act recognized that such diversions were valid rights of way and the party had no obligation to request the agency approval to use those rights of way. He noted that was solidified in the Wayne Hage case. Mike Riordan noted the judge was very clear in stating that the owner of the water rights had the right to use the land that the water flows across. Commissioner Eklund-Brown noted the Colorado Ditch Act also stated that. Mike Riordan noted that tied into the RS 2477 issue. He had discussed this with Bill Gibson last night. Mike Riordan stated his position was that the County should take a strong position against the Forest Service putting any of these types of easements in place. He felt they were unnecessary and opened the door for the Forest Service to regulate the use of the water. Mike Riordan stated that if they read through the agreement there were some situations wherein a normal irrigator would take care of it by himself. He stated that under this easement that normal irrigator was mandated to live up to their regulations. Mike Riordan reviewed regulations within the Forest


Service easement with regards to responsibilities for prevention control, soil erosion, gulling of the land, some language about weeds, bank failure, obstructions from the channel, which was routine maintenance issues. Mike Riordan felt the most problematic phrase was minor repairs must be discussed in advance with the Forest Ranger and all repairs must be completed by the date agreed to by the Forest Ranger. Mike Riordan stated that when you have a problem with a ditch you would not have time to get permission from the Forest Service in time to repair it. Commissioner Russell noted this was being changed into permitting rather than acknowledging their ditch rights. Mike Riordan inquired what they were asking from Elko County. Commissioner Eklund-Brown noted that the PLUAC Commission had proposed a no action alternative. Mike Riordan agreed with that.

Mike Riordan stated Bill Gibson had indicated to him, that after reading this, he would not sign it.

Commissioner Ellison inquired if this was to go through, would the easement change the RS 2477 right of way. Mike Riordan was concerned that it would set a precedent. He noted that Bill Gibson initiated this process at the Forest Service’s invitation. Commissioner Eklund-Brown inquired what the advantages were to this. Mike Riordan did not see any advantage to Bill Gibson and did not have sufficient knowledge to connect it to the RS 2477. He questioned if this gave the Forest Service access to inspect the ditch. He noted that currently there was neither a public access nor a Forest Service access through this property. Mike Riordan expressed concern that someone would give up their rights under the State of Nevada and be held to Forest Service regulations which may be detrimental to all the stream users. Mike Riordan noted he was located downstream from this ditch and any water which flowed through that ditch would be beneficial to them. Commissioner Myers questioned whether the Board should take no action on this issue. He felt based upon the information just relayed to them; the Board does not believe this action was necessary. He suggested that the Commission submit a letter. Commissioner Eklund-Brown stated if they take no action then it would continue as is without an operation and maintenance plan. She believed they should submit a letter but with a no action alternative. Mike Riordan questioned whether the Forest Service proposal of no action would still include an easement to be granted. He believed there was still a problem if an easement would be granted, even with no action taken.

Kristin McQueary noted that Gary Woodbury should review this because it sounds very similar to the Kelly Spring’s issue in Ruby Valley. Chairman Russell agreed that they needed to deliberate on it and hear more testimony.

Michael Buschelman, Elko County Water Consultant, believed this should be considered a large issue. He state Mr. Riordan was correct that if they make a policy or come out with a decision on public lands then those issues would be the


MARCH 1, 2006PAGE 7

same as they face on private lands when farm lands subdivide into smaller parcels. Michael Buschelman noted an individual in Lamoille changed the direction of a ditch and in doing so caused areas downstream not to be irrigated. He stated there was confusion of whether that person had the right to change or modify the ditch. Michael Buschelman noted that these easements were not recorded. He pointed out that there was a State Law which stated easements, whether they were recorded or not recorded was prescriptive easements and were protected. He stated this would affect the private policies as well as the public policies. Commissioner Myers inquired what his recommendation would be. Michael Buschelman felt they should look at this not only from a public land standpoint but how it would effect subdivisions in the future. He stated when they start putting in roadways those ditches still have easements. He noted that if those parcels continue to irrigate lands then those ditch easements would have to be maintained. He felt that they should understand where this decision would take them. Michael Buschelman stated there were statutes that provide guidance. He cautioned their decision would affect others.

Commissioner Russell commented that Michael Buschelman had reviewed the statutes and Elko County Ordinances regarding some of these water issues. He stated they would be further reviewing those and would come back with recommendations in the future.

Assemblyman John Carpenter felt they needed to take a strong stand. He commented that the Forest Service did not have any right to require anyone to get a right of way for the maintenance of that ditch. He stated that ditch was an RS 2477 right of way that was granted to the people to convey their water to the land to be irrigated. Assemblyman John Carpenter noted that the RS 2477 came into play when the water rights and the ditches were there before the Forest Service was established. He noted in the water book for that area these water rights were established in 1873 and 1872 long before the Forest Service was established. He cautioned that it may set a precedent. He commented that he was in the same situation in Ely wherein the Forest Service stated he would have to get a right of way. Assemblyman Carpenter had informed the Forest Service that the water rights were adjudicated long before the Forest Service was established. Assemblyman Carpenter felt Mr. Riordan explained it quite well that those ditches had been there for years and years. He had talked to Bill Gibson and he did not believe it was setting a precedent. Assemblyman John Carpenter stated in the Wayne Hage Case the Judge reaffirmed the RS 2477 right of way with regards to ditches conveying the water. He voiced concern that if they had questions on this easement they were to call a 208 Idaho number and the notice would be advertised in a newspaper at Reno, Nevada. Commissioner Russell asked for an explanation of ditch rights from private property through public lands down to more private lands, and asked if a private person could sign an Easement with the


Forest Service separate from the other water right users. He asked what the impact would be to the other water right holders. Assemblyman Carpenter stated that if they do a subdivision then they have to make provisions to deliver that water through that subdivision to the downstream users. He noted in Lamoille they covered up a ditch or did not put in a large enough culvert and the water could not get to the downstream users. Assembly John Carpenter stated the Division of Water Resources wanted to wash their hands of ditches across the private property but he helped a law get passed that they would go out and make a recommendation upon the ditches. He stated they could go to the Attorney General if not satisfied.

Commissioner Nannini noted in the Kelly Springs issue the federal government owned the land and they did not allow the users downstream to clean the ditch. He felt that the end results would be the same. Assemblyman John Carpenter noted in the Kelly Springs issue the Forest Service tried to prevent the Duvals from taking water from the spring and putting it in a trough on their private land. He noted that volunteers fenced the spring and later on there was a lawsuit. He stated it came out in the lawsuit that Duvals had the right to convey the water across the Forest Service property for use on their private lands.

Bill Gibson read his response letter to Jack Troyer, the Regional Forester of the Forest Service, into the record: Dear Mr. Troyer: My ditch bill easement was five years into the process and you can imagine my surprise when the draft came along with conditions and an operations and maintenance plan proposal. I would not accept your easement proposal with the strings attached as drafted. In fact, the number of cutthroat trout at risk in Gennette Creek and my irrigation ditch are so small as to be absolutely insignificant. The road and ditch are private, not public, and protected by State Law. Your teams of specialists are not welcome and have no right to interfere or access my property. Mr. Flanagan’s cover letter states ‘that most of the conditions in the proposed operation and maintenance plan are standard for all ditch bill easements’. I do not believe this or agree. See page three, paragraph 2, No Action Alternative. Authorization (meaning for ditch bill easements) is not discretionary as the applicant qualifies by law for the easement. The fourth point is that I have no desire to subject myself or my neighbors to any conditions, any interference, or any trespass by the Forest Service, by NDOW or by the U.S. Fish and Wildlife specialists who did such a bang up job on the Jarbidge road repair issue. It seems like cooperation with the Forest Service seems to be an expensive, one-way street.” Bill Gibson stated he did not know why he was here and he did not even know about it until Assemblyman Carpenter called him the other day.

Chairman Russell stated that because this involves an issue that the District Attorney may want to be involved. Commissioner Eklund-Brown felt that Michael Buschelman may want to become involved also.


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MOTION: Commissioner Eklund-Brown moved that Elko County oppose the proposed Operation Maintenance Plan for the Gennette Creek Ditch Bill Easement. This easement is a permanent easement already established and does not need to be granted to the applicant by the Forest Service. Elko County requests: 1) an extended comment period by thirty days, 2) advertisement in local papers, 3) requests for more information on the ditch if this was a relocation, course alteration or simply easement, 4) what water rights were affected and impacted by this decision. Also, to include comments from the Elko County District Attorney’s Office and the Elko County Water Consultant. Commissioner Myers seconded the motion.

Commissioner Ellison suggested she amend it to “strongly oppose” it.Commissioner Eklund-Brown amended her motion to “strongly oppose”. Commissioner Myers seconded the amendment.

Commissioner Nannini clarified that the District Attorney could add verbiage to their letter. Commissioner Eklund-Brown stated both Kristin McQueary and Michael Buschelman could add verbiage to their letter of opposition.

Chairman Russell commented upon the past cooperation on problem areas with the Forest Service. He voiced concern how this issue came forward like this. Commissioner Ellison noted they had run into several issues recently with the Forest Service that seemed to have reduced the cooperation between the County and the Forest Service.

Mike Riordan inquired if the Motion requested that the Forest Service withdraw from the process. Commissioner Eklund-Brown stated they could add that the applicant had requested to withdraw from the process, therefore, the Commission requests the Forest Service to withdraw this. Chairman Russell felt that there was enough latitude in the Motion for the District Attorney to add something along those lines into the motion.

Kristin McQueary suggested they put that into the motion because the District Attorney’s Office would review it but they could not inform a private citizen what their best options were. She stated they would have to obtain their own private legal council.

AMENDMENT: Commissioner Eklund-Brown amended her motion to state also that the applicant has withdrawn from this process voluntarily and we recommend that the Forest Service withdraw this action and not proceed. Commissioner Myers seconded the amendment. The motion was passed unanimously.


Mike Riordan commented that they were invited to participate in this ill conceived program many years ago and assumed others had a similar invitation. He was curious if anyone else had voluntarily applied for an easement during that time frame. Commissioner Russell noted the Lahontan Cutthroat Trout was becoming a surprising issue. He stated maybe the Forest Service had some interest in opening more public lands for use by private citizens. He stated that if that was the case, then they should direct their attention toward acquiring easements under a normal circumstance. Commissioner Russell suggested the Forest Service buy an easement from the private property owners rather than doing this through some other process which flaunts NRS statutes, the Water Resources Board, etc.

Chairman Russell called the Jackpot Town Board to order at 2:38 p.m. and reconvened the regular meeting at 2:45 p.m.

PAYMENT IN LIEU OF TAXES (PILT):The Board considered sending a letter of support to maintain or increase

PILT funding for rural counties dependent on those funds. Recent federal budget proposals indicate a decrease in funding for the upcoming fiscal year. If the funding for the federal budget was approved, the decrease in the President’s budget would result in a $232,000.00 decrease to Elko County in PILT funding.

MOTION: Commissioner Myers moved to send a letter of support to maintain or increase PILT funding for rural counties. Commissioner Nannini/Ellison seconded the motion.

Commissioner Ellison noted NACO would discuss this on Monday in Washington. He had received a letter stating that there may be a larger cut than what was proposed.

The motion was passed unanimously.Commissioner Ellison requested that he and Cash Minor take the letter back

to Washington with them.

ELKO COUNTY PLANNING AND ZONING DIVISION:NDOT Encroachment Permit:The Board discussed giving approval to place Elko Vista Drive at SR227

approach N.D.O.T. encroachment permit into the name of Elko County.Randy Brown stated the Elko Vista Drive was the entrance into Elko Summit

Estates. He asked the Board to accept the right of way for Elko Vista Drive but to exclude the right of way to Cain Mountain at this time. He stated Cain Mountain’s encroachment was not a public access and there were no public easements in that division of land. Randy Brown noted Otis Tipton had also informed him that the cattleguard was substandard. He stated that there were some improvements designed for that area presently.


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Commissioner Ellison inquired if the County took Elko Vista under Elko County would the County be subject to the maintenance and repairs. Randy Brown had talked to Mr. Aagard with NDOT about improvements to those encroachments. He stated NDOT would take care of those encroachments because they were within the NDOT rights of way. He stated the County had to make sure that entrance to the subdivision was proper which meant the cattleguard would have to be addressed. He reiterated this would not be for maintenance.

Commissioner Myers felt that one reason this was brought to the County by the NDOT was because the Elko Vista people had not done anything. Randy Brown stated one of the requirements in the next phase of the development was going to require a right hand turn lane, acceleration and deceleration lane. He stated the County would have to enforce that requirement also. Randy Brown stated the developer had no problem with doing that. He stated currently the permit holder was in the Elko Summit Estates Ltd. name but it led to a public access. Randy Brown stated it would make it easier for NDOT to come to the County and make the requirements then the county would put those requirements back upon the developer. Commissioner Myers noted in reviewing this issue it appeared that one of the easements was defunct. On the other easement, Elko Vista, they could not get those permit holders to do anything. He believed they were passing off the responsibility to Elko County. Randy Brown stated the County would not make the improvements. He stated the developer would make the improvements or the County would not approve the subdivision. Randy Brown stated this permit would make it easier for the County to keep track of these subdivisions. He cautioned that when an encroachment was in a private name, public access could be restricted. He suggested putting this in the County’s name to insure access to the public right of way.

MOTION: Commissioner Nannini moved to give approval to place Elko Vista Drive at SR227 approach N.D.O.T. encroachment permit into the name of Elko County. Commissioner Ellison seconded the motion.

Commissioner Myers felt that they should put in the verbiage that no maintenance would be performed on the part of Elko County.

Commissioner Russell inquired if Commissioner Nannini wanted to withdraw his motion and received a negative response.

Commissioner Ellison remanded his second to the previous motion. The motion died due to lack of a second.

MOTION: Commissioner Myers moved to place Elko Vista Drive at SR 227 approach NDOT encroachment permit into the name of


Elko County with the full understanding that Elko County had no responsibility for maintenance.

Randy Brown stated they wished to exclude Cain Mountain. Commissioner Myers noted they had only accepted Elko Vista Drive in his motion.

Commissioner Ellison seconded the motion. The motion was passed unanimously.

Parcel Map Dedication Request:H. Russell McMullen & Cydnee R. McMullen:The Board considered approval of a parcel map for H. Russell & Cydnee R.

McMullen – Application 2006-7000-0002.Randy Brown noted this was a parcel map in the South Fork area. He

stated it did fall under a clause in the South Fork Master Plan that stated if a road bisected a parcel they could subdivide the parcel. He noted these were actually County roads numbered #715 and #715A. He stated both portions of those roads were offered for dedication. Randy Brown stated staff found it met all County Codes and Nevada Statutes. Commissioner Eklund-Brown inquired how it fell within the South Fork Master Plan. Randy Brown noted the Master Plan stated if a County road bisected a parcel then the property could be subdivided on both sides of the road.

MOTION: Commissioner Myers moved to approve a Parcel Map for H. Russell & Cydnee R. McMullen – Application 2006-7000-0002 for a 60 foot right of way dedicated to Elko County for the purpose of public travel and not for maintenance. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Chairman Russell called a recess at 2:55 p.m., and reconvened at 3:03 p.m.

ELKO COUNTY WATER PLANNING COMMISSION: Michael Buschelman, P.L.S., W.R.S. gave a presentation on the filing of ten

water rights applications on available water in the name of Elko County. He had been working with the Elko County Water Planning Commission to address the water planning issues for the future. He stated after review of the water basins and research in the State Engineer’s office it was recommended that they file some water applications. Michael Buschelman stated they selected ten applications for ground water resources to be filed in the County. Michael Buschelman noted they arrived at those numbers after viewing the State’s own water records. He had looked at those basins nearest to areas of growth or projected growth. He proposed that they file ten applications in those basins and



proposed to file one application in the Elko Segment based on the results of the Converse Consultant’s study. Michael Buschelman asked for authorization to file the applications for municipal purposes in these basins. Michael Buschelman suggested that they file for a maximum of 4,000 acre feet except on one application. He explained that was the most you can apply for under a single application and be reasonable under the State guidelines. He asked for 2,000 acre feet from Mary’s Creek because of the size of the basin. He understood there was a budget set aside for the filing fees. Michael Buschelman noted as a function of filing these applications there would also be a supportive map which would have to be filed. He stated upon further information included on the map they would amend these applications. Mike Buschelman stated they want to file those applications as soon as they can to establish a priority in those basins.

Michael Buschelman stated with regards to points of diversion they were targeting roadways so they had the ability to site the well within those roadway easements or they could put them on property owned by the County. Michael Buschelman stated some of the applications had points of diversions next to State Highways so the County could get an easement from them but they were not limited to those points of diversion. He stated the points of diversion could be moved.

Commissioner Eklund-Brown asked that Michael Buschelman explain why Elko County was proceeding with this and to explain that Elko County was not looking to infringe upon any private property rights or water users. Michael Buschelman stated they had looked at how the water right issues were developing through the State such as the SNWA. He stated as a County it was important that they address their water issue. Michael Buschelman noted Elko County had a Water Planning Commission who put together important studies. He felt it was important that the County look at being an active member in the water right issues. Michael Buschelman stated that to do that they need to file water applications and become a water right owner in order to participate actively in that process. He stated they were watching closely the balance between Elko County being a water right owner and preventing other private owners from being able to apply, say for irrigation purposes. Michael Buschelman stated he had tried to not necessarily apply for all the water available in those basins. He stated they had looked at the areas where residential, commercial and industrial development was being planned. He stated they had to be involved to protect them for the future development in those areas. Michael Buschelman stated Elko County did not want to prevent someone from getting their own water rights. He believed the County would have the flexibility to manage those water rights once they own them. Michael Buschelman stated to manage their resources effectively for future growth he believed Elko County must become a water right owner. He stated Elko County as a water right owner would have a stake in water right issues.


Commissioner Eklund-Brown noted there was a meeting tomorrow night over the Spring Creek/Lamoille Master Plan which addresses a lot of water issues within the basins. She noted there were some areas that could not have maximum build out due to availability of water. Commissioner Eklund-Brown felt it was important to protect the resources that were still available for the future use of the residents. Michael Buschelman noted that the Water Planning Commission was looking ahead 20, 40 or 50 years into the future with regards to water issues. Commissioner Eklund-Brown noted that the County could use those water rights for other uses such as development or ranching. Michael Buschelman stated they were not limited to municipal use and those water rights could be expanded to other uses whether agricultural or recreational uses. He stressed it was important that Elko County become an active member of the water arena.

Commissioner Russell felt that they should consider other future needs and it may be appropriate to file more water right applications in the near future. He stated they recognized that there may be additional steps that Michael Buschelman might have to take to support those water rights filings.

Randy Brown stated the Water Planning Commission had reviewed this issue in depth with Michael Buschelman. He believed that Elko County needed to protect its communities into the future. Randy Brown stated they were confident of what their water studies showed would be accepted because it was based upon a good method, good planning practices, and based on good equation values in the basin. Randy Brown stated they were close to completing the water plan. He had received the information from Dean Alford at Converse Consultants but did not have time to review those studies yet. He stated the Water Planning Commission recommended that they approve these water filings. Commissioner Russell stated there was sufficient money for filing the water applications.

Randy Brown noted that he would help Michael Buschelman with the mapping and point of diversions on those water right applications. Commissioner Nannini noted that they had pushed for this issue for several years.

MOTION: Commissioner Ellison moved that Elko County make applications in the name of Elko County for the ten water rights with the money appropriated through their budget. Commissioner Nannini seconded the motion. The motion was passed unanimously.

The Board members thanked Randy Brown and Michael Buschelman for all their hard work on this project.

ELKO COUNTY WATER RESOURCE ISSUES:Commissioner Russell reported that the Central Nevada Regional Water

Authority Technical Committee would move forward with a teleconference on Saturday.



Commissioner Russell stated he and Commissioner Eklund-Brown attended the Nevada Water Resources Association 2006 Conference. He had attended the Virgin River field trip on Tuesday, and the ground water principles workshop. He attended a conference on the role of desalination as a resource for Nevada. Commissioner Russell was disappointed with that workshop because it utilized recycling and used brackish saline water from various sources. He commented that one Attorney had spoken upon the ownership of the ocean. Commissioner Russell had attended the workshop on mediation and community relations.

Kristin McQueary stated she had received an e-mail from Chuck Hauser, general counsel for SNWA, regarding his preferred format on a Memorandum of Understanding. She had not reviewed the SNWA Agreement yet.

Commissioner Eklund-Brown noted she had gone to some of the general and technical sessions at the Nevada Water Resources Conference. She noted most of the participants were water professionals and the technical sessions were at a high level. She noted that she and Commissioner Russell were the only Commissioners present. Commissioner Eklund-Brown stated Bob Williams, Hugh Ricci, and several representatives from the SNWA were present at that conference. Commissioner Russell noted that during the conference Commissioner Eklund-Brown sat with Bob Williams and he was sitting with a woman representing the Sierra Club.

Jerry Parker noted on the internet there were some very good explanations and cost studies regarding desalination. He commented that there were viable plants both in Texas and Florida that were operating currently. He believed those plants could give them current operational costs. Jerry Parker stated the desalination plants dealt with larger volumes of water. He commented that they could pump a lot of water in for desalinization and recommit the runoff water to the Colorado River discharge. He stated the cost of water to the City of Las Vegas could be much lower than what it was now. Commissioner Nannini noted there had been previous discussions about a pipeline from the Mississippi River to Nevada. Jerry Parker stated that may be viable but the proposal was not from the Mississippi River. He noted the Tilley proposal was a pipeline which started from Canada, tied into the northern snow fields to discharge into the Columbia and other rivers. Jerry Parker stated in the proposal Nevada would take a portion of those waters and that water would be split on the east side for Las Vegas and the west side for Reno. Commissioner Nannini noted there would be ample water for everyone. Jerry Parker stated in that proposal it was more similar to an open ditch and would cost less. COMMISSION AND COMMITTEE REPORTS:

Commissioner Myers:ECEDA Board – He stated Elaine Barkdull would give them an overview

tomorrow on the plan for business. He stated they would also come to the


Commission to initiate the request for the $500,000.00. Commissioner Myers stated that through ECEDA they would advertise for a transload developer and builder. He believed they would need an overview of where they were at on the closing of the property. Commissioner Eklund-Brown suggested they hold a committee meeting.

City of Elko- He had spoken to Councilman Guttry and was informed that he would ask the City Council for a two week extension on the control tower decision. Mr. Guttry had asked Senator Rhoads if there was discretionary funding available to pay the $114,000 short fall for the tower operations. Senator Rhoads had contacted the LCB at the State and up to yesterday they were unable to locate any additional funding.

Regional Transportation Commission (RTC) – No report was given.Auditorium Authority Board (ECVA) – He stated they were working on a five

year marketing plan which would be presented to the City of Elko and Elko County. He noted they had just finished the Snowmobile Rendezvous which was a huge success.

Wildlife Advisory Board – They were looking into new elk management changes. He stated that there had been a significant loss in fishing and hunting license revenues to the State of Nevada. The reason expressed by the advisory board was the increase in licensing fees and the increase in access fees such as for South Fork and Wildhorse. He reported the parks were charging $7.00 for a vehicle and a boat now. He stated that there were additional legislative changes in the nonresident licensing process.

Wildlife Arbitration Board – No meeting was held.Nevada Division of Wildlife Liaison – No meeting was held. Commissioner Myers asked that they add a listing for the Health Committee.

He stated there was a meeting yesterday at GBC and they looked at the 2006 funding for the clinic. He stated they had discussed drafting a partnership letter which would be signed today or tomorrow. He reported that letter would be hand carried to the national delegates that represented the County. Commissioner Myers stated the donation from the College was $75,000 toward just the construction of this building. Commissioner Myers stated Cash Minor would hand carry a copy of that letter to Washington on Friday. He stated Gil Hernandez would hand carry a copy of the letter to the National Veterans’ Organization in Washington.

CONGRESSMAN GIBBONS REPRESENTATIVE:Brian Plumb commented that they had asked if there was funding available

for the airport control tower. He stated that they could not have appropriations just for maintenance and service.



CERTIFICATE OF RECOGNITION:The Board considered presenting a Certificate of Recognition to the Spring

Creek High School Wrestling Team for their third consecutive 3A State Championship.

The Board considered presenting a Certificate of Recognition to Bryce Saddoris of the Spring Creek High School Wrestling Team for his fourth consecutive 3A State Championship Wrestling Title.

The Board considered presenting a Certificate of Recognition to Lonnie Anderson of the Spring Creek High School Wrestling Team for his third consecutive 3A State Championship Wrestling Title.

The Board considered presenting a Certificate of Recognition to Trinity Perkins of the Spring Creek High School Wrestling Team for his third consecutive 3A State Championship Wrestling Title.

The Board considered presenting a Certificate of Recognition to Bryar Saddoris of the Spring Creek High School Wrestling Team for his first 3A State Championship Wrestling Title.

The Board considered presenting a Certificate of Recognition to Mitchell Schroeder of the Elko High School Wrestling Team for his first 4A State Championship Wrestling Title.

MOTION: Commissioner Myers moved to approve Agenda items X through XV Certificates of Recognition. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Commissioner Eklund-Brown noted that Mitchell Schroeder was not present at this time and they would try to get his certificate to him.

Commissioner Myers commented that the agenda stated Certificate of Recognition but the Certificates actually stated Certificates of Congratulations.

COMMISSION AND COMMITTEE REPORTS:Commissioner Eklund-Brown:City of Carlin – She could not attend their last meeting. She believed the

City was working with the developer on the sale and development of the city property. She noted they were very appreciative of the County’s funding. She stated the City agreed to schedule a weed pull with their city cleanup. She stated the Cooperative Weed Management Committee would help them facilitate that.

California Trails Center Board – She stated they were waiting to go out to bid for construction. She noted David Pacioretty of the BLM had attended the PLUAC meeting last night and informed them there had been no transfer of appropriations from Federal Highways for that project. She had asked Mr. Pacioretty if he needed their help to get that appropriation transferred and received an affirmative response. She had e-mailed Neil Kornze of Senator Reid’s


office today. Commissioner Eklund-Brown explained the BLM could not go out to bid if that funding was not transferred to the BLM. She noted the State, City, and County’s funding had been approved.

Recreation Board – No meeting was held.Nevada State Land Use Planning Advisory Commission (SLUPAC) - She

stated there would be a meeting held on the 17th of March.Public Lands Use Advisory Commission (PLUAC) – She stated they met last

night. The Hill Air Force Base restricted airspace expansion was on their agenda, however, there was no accompanying information sent to PLUAC. She asked that it be put back on the PLUAC agenda inclusive of the support documentation. She stated PLUAC also reviewed the ditch bill. She reported that PLUAC was working on finalizing their federal land use plan.

Northeastern Nevada Stewardship Group – She was unable to attend the collaborative community forum but was informed it was well attended. She stated they were making a lot of progress with public involvement in the public land processes.

Mining Sustainability – She stated Tonka Springs and Lone Tree were both facing closure. She stated that the University of Nevada-Reno Outreach and Economic Development people were helping to look for other possible uses of those mining infrastructures so those structures do not have to go through the whole reclamation process.

China Spring / Aurora Pines Advisory Committee - No meeting was held.Central Nevada Regional Water Authority (CNRWA) – No meeting was held.Water Planning (Alternate) – There would be a meeting held tonight.BLM – RAC – She stated they had a meeting on the 16 th of February. Jeff

White, Environmental Engineer for Newmont gave a slide presentation on the waste dump failure at Newmont. She noted that Randy Brown had attended as the County representative on that committee.

ECCWMA – Noxious Weed Liaison - She stated there would be a weed summit tomorrow at 8:30 a.m., at the Elko Convention Center, in the Turquoise Room.

USFS Liaison - She stated they met on the 13th of February and reviewed several issues.

BLM Liaison – There was no meeting held.Commissioner Eklund-Brown reported that she and Commissioner Russell

were in Fallon on the 25th of February. They attended the workshop on County Land Bills. She noted that there were representatives from Senator Ensign’s, Senator Reid’s and Congressman Gibbons’ offices present at that workshop. She and Commissioner Russell agreed that they do not want to go forward to Congress with Elko County’s Land Bill. She stated that there needed to be a pressing issue for these to go forward, which was usually development.



Commissioner Eklund-Brown noted that the land bills that did go forward were based on development. She stated one of the disturbing things that she discovered from a meeting with Kevin Kirkeby on Friday was that the White Pine County Land Bill which had been in the works for ten years had extended Wilderness into Elko County, Nye County and Lincoln County. Commissioner Eklund-Brown reported that Lincoln County had previously given White Pine County authorization to address two Wilderness Study Areas. She noted Elko County had not given them that authorization and Elko had not participated in the White Pine County Land Bill. She had told Kevin Kirkeby that she did not think they would find support for it in Elko County. She stated they would come to Elko County on the 15th of March for support. She told Kevin Kirkeby that she did not feel it was appropriate for another County to recommend Wilderness into another County. Commissioner Eklund-Brown stated she had asked all of the delegates’ representatives present at the forum if they would support a Bill going forward that encroached into another County without that County’s support. She stated they all stated absolutely not; they need complete buy-in from everybody on these County Land Bills. She was told that when these bills go forward they were very comprehensive and now they were asking them to address tribal lands. Commissioner Eklund-Brown noted they were told that if Elko County went forward with their Land Bill, the Western Shoshone would come forward for millions of acres of land. She stated several environmental groups were also waiting for Elko County to go forward so they could make more than the two Wilderness Areas. Commissioner Eklund-Brown noted Elko County had ten Wilderness Study Areas so Wilderness acreage could go higher. She did not think there was a driving force to go forward with the Elko County Land’s Bill. She commented that Pershing County had a lot of checkerboard land. She noted that she and Commissioner Russell’s recommendation would be not to go forward with the County’s Land Bill because there were a lot of issues. Commissioner Eklund-Brown commented that when a Land Bill went to Congress there were a lot of people that have buy-in and the groups could change it. She stated it was not the County’s bill anymore, it became a Washington’s Bill and they can amend it as they see fit.

Commissioner Russell commented that the Forest Service representative had approached him during recess, before the press, and expressed discontent with some of his comments made in the meeting. He would not respond to the criticism in front of the press. Therefore, he cautioned that some of those comments may come out in the newspaper.

Commissioner Eklund-Brown noted one of the members of the Stewardship Group’s recreational pod had called her and they would like to proceed with Question 1 money for pursuit of an easement on the Gund Ranch. She inquired if they were familiar with Tom Miller, the ranch manager so they could help them


facilitate that easement. Commissioner Nannini stated he had been involved in the past and was willing to help with that project.

Commissioner Eklund-Brown had been asked by Bob Williams to pass on all the information with regards to the Hill Air Force Base to the U.S. Fish and Wildlife. She had requested that he send her a copy of their comments that they submit to the Air Force Base.

Commissioner Ellison:Nevada Association of Counties (NACO) Board – He stated that he and

Cash Minor would be attending meetings in Washington during the week of the 6 th

of March. Governor’s Transportation Blue Ribbon Task Force – He stated there was a

proposal for toll booths and they were discussing high speed cameras for issuing tickets. He noted their next meeting would be held on the 26 th of March in Las Vegas. Commissioner Eklund-Brown inquired if he thought they would mandate at the next legislature all the counties go to the nine cents gas tax. Commissioner Ellison noted there had been comments made throughout the State for several months that they would try to mandate the nine cents. He felt this would impact the State of Nevada as a whole. Cash Minor noted in 2001 they did the gas tax changes. He stated an issue of consideration was if they did not go to the nine cents on the RTC rate; they would withhold the other gas taxes from you to penalize you because of the fair-share issue. Cash Minor cautioned them to be careful because they may attempt to force them to raise it in a roundabout manner.

Debt Management Committee – He stated Mike Franzoia was elected Chairman of that committee, he had been elected Vice-Chairman.

Nevadaworks – He noted their funding cycle was down and there would be cuts which may impact the rural.

Senior Citizens – He and Cash Minor attended a meeting at the Center and they went through the heating system. He stated that was out to bid presently.

Humboldt River Basin Water Authority – No report was given.BLM Liaison – He stated there was no meeting scheduled. He had spoken

to a man from Utah and one from Montana wherein there may be a blanket policy EIS to fast track issues.

Commissioner Ellison stated there was a meeting last Thursday with the State Agriculture Extension Service. He stated they were offered fish that would eat the larvae and eggs that produce the mosquitoes. He suggested putting the fish in the Spring Creek, the South Fork, the river, and the Elko Waste Water Treatment areas. He hoped the State would give them a presentation tomorrow or at another meeting. He would like to schedule a meeting with the Cities of Elko, Wells, Carlin, the County, and the Department of Agriculture on the West Nile Virus. Commissioner Eklund-Brown suggested they include West Wendover.



Nevada Fire Safe Council – No report was given. Nevada Division of Forestry Liaison – No report was given.Water Planning (Alternate) – No report was given.Commissioner Nannini:City of Wells – No report was given.Heart Project - Wells Tire Recycling Plant – He stated they secured a loan to

build a new building. City of West Wendover - No report was given.Hospital Board – He stated they were in union negotiations with the Nurses’

Association. He stated there was an issue of lack of help and their recommendation was to bring in eight of the travelers (traveling nurses) which help with the workload for a short period of time.

Fair Board – He never attended the meeting. Juvenile Committee – No report was given.Central Dispatch Administrative Authority – He felt they would have to

renegotiate or they could be in arbitration again. USFS Liaison – They had met with their representatives and were surprised

that the issue on this agenda was not discussed at their meeting. Commissioner Ellison noted they received a copy of the registered letter

addressed to Fred Zaga. He commented that he and Assemblyman Carpenter were denied participation in negotiations. Commissioner Eklund-Brown stated the Department of Agriculture was the mediator. Commissioner Nannini stated he had also become involved. Commissioner Ellison felt that it should be on another agenda to be discussed. Commissioner Nannini noted that Fred Zaga had already filled out his application. Commissioner Eklund-Brown commented that the legal representative was the applicant.

Commissioner Russell:Museum Board – He stated there would be a planned celebration for their

50th Anniversary of the museum. Commissioner Nannini inquired about more photos for the Courthouse. Commissioner Russell stated they would have additional pictures but they were utilizing current staff when they were not on other projects.

Local Emergency Planning Committee (LEPC) – No report was given.Central Nevada Regional Water Authority (CNRWA) – No report was given.Humboldt River Basin Water Authority – No report was given.Library Board of Trustees Liaison – No report was given.Nevada Association of Counties (NACO) Board – He reported that both he

and Commissioner Ellison were involved in an effort opposing unfunded mandates.

Nevada Department of Transportation (NDOT) Liaison – No report was given.


Northern Nevada Regional Transit Coalition – No report was given.Water Planning – No report was given.Nevadaworks – No report was given.Spring Creek Association – No report was given. Regional Transportation Commission (RTC) – No report was given.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:Cash Minor commented that he had spoken to Robert Stokes.

Commissioner Ellison suggested that the Commission send a card. Commissioner Eklund-Brown stated there was some progress in Osino.

She stated that Randy Brown had received a call from one of the recipients of the letter sent out regarding the County seeking an easement. She stated that individual did not want the easement to go through because it would encourage speeding. Commissioner Eklund-Brown stated Jeff Williams would speak to the individual and other recipients of the letter to explain the reason for the easement. She had contacted NDOT and they were willing to give them guard rails, cement barricades, posts, etc., to assist with the development of the bus shelter. She asked them to thank Kevin Lee for their participation next time they spoke with him. Commissioner Eklund-Brown had spoken to Jeff Chandler from Idaho Sand & Gravel who would send a key for them to finish off the parking area with gravel. Commissioner Myers suggested a letter be sent to Idaho Sand and Gravel thanking them also. She noted the School District would participate with signage. Commissioner Eklund-Brown stated the Sheriff had been patrolling the bus stop area. She felt that the community was very happy with the County on that project.

Commissioner Eklund-Brown reported that Lynn Forsberg was going to SHPO to ask for funding for Phase III on the Tuscarora Tavern. She had spoken to Brent Chamberlain of Queenstake and they were willing to help with Phase II. She stated Queenstake would provide labor and equipment for the shotcrete spraying. She noted that Queenstake’s shotcrete supplier, Theissen’s, may go up to half the amount needed as a donation to this project. They believed that the trucking may be donated. Commissioner Eklund-Brown noted that with all the help from the private companies they should be able to proceed to Phase III.

Kristin McQueary stated the Elko County Recorder has asked for her opinion on several bills at the Legislature which were unfunded mandates as follows: SB 347, AB 334 and SB 1 of the Special Session which mandates that the Recorders and Clerks in any governmental agency safeguard personal identifying information. Kristin McQueary stated the legislation would require starting January 1, 2007; the Recorders and Clerk would have to white out any Social Security Numbers and other identifying numbers on any documents. Kristin McQueary stated in response to that proposed legislation, various County Recorders across the State have taken away internet access to their documents because of the



turmoil caused from these bills. Kristin McQueary noted this would be extremely labor intensive because of the way the documents were scanned in. She stated that the Social Security Numbers came in existence since 1936 and there was a lot of documentation that those numbers were on such as marriage license applications, judgments of conviction, mortgage companies’ documentation, deeds of trust, etc. She stated that it would be difficult for the Recorder’s Office to allow an individual to research documents. She stated there were criminal penalties if someone stole a person’s identify because of information found in the Clerk’s Office, Recorder’s Office or on other governmental agencies’ documents. Cash Minor noted if that information gets out, then they have to notify everyone that there was breach of security. Kristin McQueary felt the bill was well intended but there was no practical solution. Kristin McQueary noted there were some federal programs and documents that require the Social Security Number to be recorded. She believed this would be much more labor intensive and would affect the Recorder’s and the Clerk’s offices.

Kristin McQueary had attended a meeting via teleconference last Friday with the Insurance Pool on this issue. She stated the Recorder’s and the Clerk’s Association wanted to do a legislative fix. She stated they had also talked about doing a Declaratory Judgment action wherein the legislature would be informed that the law needed to be fixed. Kristin McQueary noted there was an estimate that it would cost $50 to $80 million to address this Social Security problem.

Commissioner Ellison commented upon the amount of items upon the Road Department agenda tomorrow.

Commissioner Russell noted that he had bought his wife a car for Valentine’s Day. He paid for the car all but $11,000. He then received a letter from Dale White Motors stating that since he had paid cash on the car he would have to report it to the Internal Revenue Service. Cash Minor noted it was a money laundering rule. Cash Minor noted that if the Treasurer’s Office had a deposit of over $10,000 they have to fill out a form for banking purposes.

ADJOURNMENT:MOTION: Commissioner Myers moved to adjourn the meeting.

Commissioner Nannini seconded the motion. The motion was passed unanimously.

There being no further business to come before the Board, the Chairman adjourned the meeting.

APPROVED,WARREN RUSSELL, Chairman

ATTEST:MARILYN TIPTON, Deputy Clerk


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