STATE OF NEVADA, )



STATE OF NEVADA, )

COUNTY OF ELKO. ) ss. AUGUST 21, 2006

The Board of Elko County Commissioners met on August 21, 2006 in the George Boucher Administration Office, at 569 Court Street, Elko, Nevada at 4:00 p.m.

There were present: County Commissioners Warren Russell, Chair

John Ellison

Mike Nannini

Charlie Myers

Sheri Eklund-Brown

County Manager Robert Stokes

Ast Mgr/CFO Cash Minor

Executive Secretary Michele Petty

Elko County Clerk Win Smith

Deputy County Clerk Marilyn Tipton

Deputy District Attorney Kristin McQueary

Planning & Zoning Dir. Randy Brown

Assemblyman John Carpenter

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The proceedings were as follows:

CALL TO ORDER:

Chairman Russell called the meeting to order at 4:02 p.m.

COMMENTS BY THE GENERAL PUBLIC:

No public comments were submitted.

CANVASS OF PRIMARY ELECTION RETURNS:

Win Smith, Elko County Clerk, presented the Canvass of the Primary Election returns for the election held on Tuesday, August 15, 2006.

MOTION: Commissioner Ellison moved to accept the Canvass of the Primary Election returns for the election held on August 15, 2006. Commissioner Nannini seconded the motion.

Win Smith reported that they may have a recount on the Sharon Angle and Dean Heller race. Commissioner Myers inquired how many times the votes were counted. Win Smith replied they were counted three different ways. She stated they had performed an audit on three of the precincts and they were exactly correct. Commissioner Russell inquired who would pay for the recount and received the reply of Sharon Angle. Win Smith noted there was a 400 point difference in that race. Commissioner Myers inquired about early voting and absentee ballots. Win Smith replied the early voting cards were stored in the vault until they could be counted and the absentee ballots were run through a machine.

The motion was passed unanimously.

The Board complimented Win Smith on the election.

NEVADA DIVISION OF FORESTRY:

The Board considered acceptance of the 2006 Rural Fire Assistance Grant.

Robert Stokes reported that the application was in the amount of $91,500 and the funding would be applied towards the rural Volunteer Fire Departments’ equipment and training.

MOTION: Commissioner Ellison moved to approve the 2006 Rural Fire Assistance Grant Application. Commissioner Myers seconded the motion. The motion was passed unanimously.

COMMENTS BY THE GENERAL PUBLIC:

Commissioner Eklund-Brown had attended a meeting on Friday with the ranchers and incident command team regarding the Charleston Fire. She stated at the BLM-RAC meeting they had discussed replacement allotments and sharing under-utilized allotments with permittees affected by the fires. She noted they would have to have the current permittees’ authorization. She commented that two years was currently the waiting period until the permittees were allowed back on a burned allotment. Commissioner Eklund-Brown stated everything from the Independence Valley NDOT station north was burned along the highway up except the ranches. She stated they did lose a home, garage and shed. She reported that at one lightning strike one homeowner graded around his house and protected his home. He reported to her that no one had been there to fight the fire but him. Commissioner Eklund-Brown stated the fire had jumped the highway to the west and had traveled through meadows to the Spanish Ranch. She reported that fire was still burning toward the Mori Ranch and it was up in the hills toward Jack Creek. Commissioner Eklund-Brown stated that there was a lot of sheep in the area which had moved to the top of the mountain but they had evacuated the sheep herders. She noted that there were cattle also in the area. She stated there were fire trucks and planes on that fire.

Commissioner Myers stated the fire which was five miles outside of town along Bullion Road had burned 250 acres and there were numerous firefighters. He stated the spectators that drove out had kicked up a lot of dust which hampered the fire fighting efforts.

Commissioner Eklund-Brown commented that they may need the Road Department’s assistance up in Jack Creek. Commissioner Myers advised her to call Robert Stokes if they need the Road Department’s assistance and he would contact Otis. Robert Stokes stated the Road Department was out Thursday and Friday on the Deeth to Charleston road. Robert Stokes would be at the MAC meeting tonight so if they need further assistance they can inform him at that time.

Commissioner Ellison stated he had contacted the Governor’s Office on Friday and they requested that the Commission withdraw their previous Declaration of Emergency and write a new one to cover all the fires. The Governor would then issue a Declaration of Emergency from the State so they could pull other resources to come to Elko. He had also spoken to the Congressional representatives and several BLM Directors regarding the numerous fires in Elko County. Commissioner Ellison stated he was assured that rehabilitation funding was available. He commented that there were two letters drafted to solicit for that funding. He noted that rehab funding was available through a Special Disaster Fire Fund. Commissioner Ellison stated FEMA wanted the County to rescind their last Declaration of Emergency and make it applicable to the whole County.

Commissioner Eklund-Brown commented that Preston Wright had talked to her about the loss of cattle. She inquired if there was funding available for replacement of the cattle lost. Commissioner Ellison stated when the State had declared a Declaration of Emergency then four funds became available 1) home replacement funding, 2) emergency rehabilitation, 3) FEMA funding for replacement of livestock, 4) rehabilitation for wildlife habitat. He stated that to receive emergency funding for cattle it would have to go through FEMA and the County had to apply.

Robert Stokes stated Camille, of the State Division of Emergency Management, had suggested that they issue a Declaration of Emergency for the entire fire season then the restoration for the whole fire season would be covered under the State’s Special Disaster Fire Fund.

Commissioner Nannini commented on how FEMA had helped them on the road situation near Midas. He questioned FEMA’s financial aid for the replacement of the cattle. Robert Stokes noted the State had disagreed with the FEMA road estimate.

Commissioner Russell cautioned that the County could be liable for some of the costs of fire suppression. He stated that the BLM and the State would also incur costs through the fire reimbursement process.

Robert Stokes noted that Camille stated there was funding in the State Disaster Fund and the County Manager could draft a letter requesting a portion of that funding.

Robert Stokes stated there had been a historical review and 20 years ago there was 40,000 acres burned on an average per year. Starting in 1999, the last seven year average was 350,000 acres burned. Robert Stokes stated to date there had been 650,000 acres burned in the State this year. He stated 65,000 AUMS had been lost which was 10% of the total AUMs available through the Elko BLM District this year. He noted that equated to 10,125 cows and twenty-five permittees had been affected by the fires. Robert Stokes reported that out of the 25 permittees affected, 12 permittees had major losses and they had to sell their calves. Commissioner Nannini noted a radio program stated one-third of the cattle industry had been affected. Robert Stokes commented that Elko County was number 1 in the cattle industry within the State. Commissioner Ellison commented that the Governor had stated ¼ of the State was on fire and that was why he wanted the Declaration of Emergency from five counties.

Robert Stokes stated in the Winters Fire 66 sage grouse leks were lost. He stated on the Charleston Fire habitat for 2,000 sage grouse had been destroyed and 1,700 acres of antelope habitat had burned. He stated to-date 20 miles of Lahontan Cutthroat Trout habitat had been affected by the fires. He commented that there would be a significant impact to the hunting and wildlife within the County. Commissioner Eklund-Brown stated they were evacuating the hunters in the Charleston area.

Robert Stokes reported that it was estimated at 15 million dollars in suppression costs in Elko County. He stated the Interstate was shut down several times and the railroad had been affected by the fires. He stated traffic safety was impacted due to the fires. He reported that transmission lines were lost and they had to be replaced. Commissioner Ellison commented that the weather forecast was for more dry lightning strikes. Robert Stokes noted fire had also shut down one of the mines for a time because the smoke was going into their ventilation system.

Robert Stokes stated emergency rehab for the range was requested at twelve million dollars.

Commissioner Nannini requested a comparison be made between the loss of AUMs and the increase in acreage burned. Robert Stokes noted the information he was given between 1999 and today there was 2 to 3 million acres burned and some of that was burned more than once. He stated that was one-third of the private lands and up to one-quarter of Elko County’s lands had burned during that seven year period. He stated because of the affected forage during those seven years 250,000 AUMs were impacted. He noted the BLM had commented that some of that forage had grown back but during that period some of those areas burned twice. Commissioner Myers commented upon the loss of wildlife which would take more than seven years to recover. He noted that they could not herd the wildlife and the fires helped make the species a prime candidate for the endangered species listing. Robert Stokes noted that when he attended the fire meetings the management team were worried about fighting the fires and NDOW was there worried about the impact to the wildlife.

Commissioner Ellison stated when he had spoke to the BLM Director in the Reno area they were pulling resources from Washoe County and directing Type I and Type II Fire Management Teams to Elko County. Commissioner Russell commented that those teams were only administrative teams and they were not actually in the field fighting the fires. Commissioner Russell stated hopefully they would bring more resources with them to fight the fires.

Commissioner Eklund-Brown commented that their fire cycle had changed from every 25 years now to 3 to 10 years on the same range. She stated the amount of forage was linked to the frequency of the fires. She stated the fire fighters commented that in the grazed areas the fire had slowed down. Commissioner Eklund-Brown believed that Dr. Harris’ livestock study should be attached to every EIS. She commented that they have had firefighters stationed here all summer long.

The Board discussed the meeting to be held at 6:30 p.m. at the College wherein Dr. Bradley Lee would give a presentation on West Nile Virus and Avian Flu. Commissioner Russell would attend the MAC meeting with Robert Stokes at that time.

Commissioner Ellison departed the meeting room at 4:32 p.m. due to a conflict of interest on the following agenda item.

NORTHEASTERN NEVADA REGIONAL RAILPORT:

The Board considered approval of a State of Qualification from the selection committee for the design engineers/planners.

Randy Brown stated the selection committee was himself, Cash Minor, Kevin Lee of NDOT, and Paul MacDonald, of the Union Pacific. He stated they received three Statements of Qualifications submitted by: TranSystems Corporation, Wilson and Smith Company, and Smith and Williams Consultants.

Randy Brown stated the selection committee recommended TranSystems because they had previously completed work in Nevada and were very qualified. He stated that company partnered with Dinter Engineering of Reno, Nevada, Converse Consultants and Chilton Engineering.

Commissioner Russell voiced concern about that company’s association with Converse Consultants. He commented upon Converse Consultants non responsive service on previous projects. Randy Brown pointed out that TranSystems and Wilson and Smith had both partnered with Converse Consultants on this project. Commissioner Myers noted that if they approve TranSystems they would be the responsible party for the product. Robert Stokes commented that Converse Consultants had a change in personnel for this region.

Randy Brown noted that they had already performed the preliminary investigations in Phase II. He felt there may be a specific soils investigation and specific construction testing to be completed. Commissioner Russell felt that the company should be informed that the County had reservations with them partnering with that company.

Commissioner Nannini inquired what the cost would be. Randy Brown replied that the cost would have to be discussed. He felt they were looking at 10% to 15% for the design, construction, and analysis of cost.

MOTION: Commissioner Myers moved to approve, under the recommendations of the selection committee, the Statement of Qualifications from TranSystems Corporation first. If for some reason they were not available, then Wilson & Smith. If not them, then Smith and Williams Consultants with the reservations that Commissioner Russell mentioned with Converse Consultants not finishing some of the projects that they had previously asked them to do. Commissioner Eklund-Brown seconded the motion. The motion was passed by majority vote. Commissioner Ellison was absent during the vote.

Commissioner Russell asked the Board Members to check in with Robert Stokes in the mornings to get the latest fire update. He stated if they close a road in their areas the Red Cross had made accommodations for the evacuated residents.

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 meeting was adjourned.

APPROVED,

WARREN RUSSELL, Chairman

ATTEST:

MARILYN TIPTON, Deputy Clerk

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