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December 1, 2008


The Board met in regular session with Commissioner Tommy calling the meeting to order at 9:04. Clerk Lisa Lloyd called the roll with Commissioners Tommy Rowe, Paul Mathews, and Bill Lloyd being present. Commissioners Ronda Hornbeck and Wade Poulsen are absent at this time. There is a quorum present and the agenda was posted on 11-21-08 to comply with the open meeting law. The Invocation is offered by Paul and Bill led the Pledge of Allegiance. County Manager John Lovelady is present as well.


#2 Approve/Deny minutes of the November 10, 2008 and November 17, 2008 regular Commission meetings.

#3 Approve/Deny scheduled pay increase for Denice Brown from $13.73 to $14.41 per hour effective December 16, 2008; completion of 6 month probationary period.

#4 Approve/Deny closure of State Route 318 for Silver State Classic Challenge for the dates of Sunday, May 17, 2009 and Sunday, September 20, 2009.

Paul made a motion to approve the consent agenda; seconded by Bill. All voted in favor.


Recorder/Auditor Leslie Boucher presented the vouchers. There is some discussion as to what the date of the pay increase is for Public Administrator. Paul made a motion to approve the vouchers for Wendy Rudder, in the amount of $700 and $900, retroactive to July; seconded by Bill. All voted in favor. The solid waste fund is $10,000 short for the bill due this month. Tommy made a motion to pay solid waste out General County; seconded by Paul. All voted in favor. Paul made a motion to approve the vouchers as presented; seconded by Bill. All voted in favor.


RECORDER/AUDITOR Leslie Boucher presented the cash balance reports. General County has a balance of $969,424.77 with estimated expenditures being $158,474.51. This leaves General County with a balance of $810,950.26. Transportation has a cash balance of $32,712.90 with estimated expenditures being $5,459.95. This leaves Transportation with a balance of $27,252.95. Nutrition has a cash balance of $8,255.52 with estimated expenditures being $7,185.95. This leaves Nutrition with a balance of $1,069.57. Detention Center has a negative cash balance of $59,056.78 with estimated expenditures being $82,848.75. This leaves Detention Center with a negative balance of $141,905.53. Solid Waste has a balance of $6,985.01 with estimated expenditures being $17,250, which will leave a negative balance of $10,264.99.

Ronda joins the meeting at this time and assumes the chair.


COMMISSIONER WADE POULSEN advised that he has tendered his resignation as a Commissioner, effective December 1, 2008. Wade has resigned in order to accept the position of LC Water District General Manager. Acceptance of the resignation and declaration of vacancy will be on the next agenda for formal action.


Brett Jenson from Leslie and Associates is present for this item. This is a bid opening for the installation of the liners in the existing Pioche wastewater treatment ponds. There is a listing of three alternates in addition to the basic bid. There were nine bids: Eagle View Contractors, Moapa, NV (1) $187,770.50, 2) $154,310.10, 3) $271,833.53, 4) $305,076.54); High Mark Construction, Elko, NV (1) $93,441.00, 2) $96,515.00, 3) $270,654.15, 4) $289,559.70); J&B Excavating, Herriman, UT (1) $163,462.50, 2) $84,654.50, 3) $248,893.35, 4) $285,851.75); JNJ Engineering Construction, Hilldale, UT (1) $79,760.00, 2) $138,716.50, 3) $228,533.50, 4) $270,971.35); JP Excavating, St. George, UT (1) $64,780.00, 2) $63,949.50, 3) $314,928.10, 4) $322,780.75); Canyon Construction, Elko, NV (1) $224,910.71, 2) $216,188.85, 3) $460,378.89, 4) $528,784.79); Mills Construction, Pahrump, NV (1) $72,157.00, 2) $100,185.66, 3) $265,308.46, 4) $285,635.99); ACME Underground, Henderson, NV (1) $132,800.00, 2) $215,960.00, 3) $295,933.60, 4) $384,012.30); Progressive Contracting, St. George, UT (NONRESPONSIVE - NO BID BOND). Alternate 1 must be done as there is a requirement from NDEP that the ponds be lined within 5 years. Brett and Phyllis take the bids for review and this issue will be readdressed later today.


Paul made a motion to reimburse the funds from Solid Waste Account back to General County; seconded by Tommy. All voted in favor. The payment from Solid Waste

#9-RESOLUTION #2008-48

This resolution is to designate the District Attorney’s assistant position as a paralegal, effective July 1, 2008. The assistant will work 7 hours per day and receive a 3% increase. Paul made a motion to approve the resolution; seconded by. All voted in favor.


This is a request based on an Affidavit and Petition for sale of mining claims pursuant to NRS 517.410, Floral Mill site, APN 01-048-01, and Forty-Three (43) Patented Mining Claims, APN 09-012-26. Greg advised that neither of these is involved in litigation. Greg doesn’t feel that the county should sell Floral Mill site at this time and a quiet title action is required. The 43 patented mining claims are subject to tax sale also. Greg advised that if the county desires to sell the 43 mining claims at this time they can. Bill agreed with Greg that the Floral Millsite shouldn’t be sold at this time. Tommy made a motion to sell the 43 patented mining claims, subject to verification by the District Attorney that they are now eligible for sale; seconded by Bill. Greg will work with Treasurer Kathy Hiatt to get this published and sold. All voted in favor.


This item is off.

#22-RESOLUTION #2008-47

Mark Milburn of LS Power is present for this item. This is a resolution in support of the construction and operation of the White Pine Energy Station and encouraging the Public Utilities Commission of Nevada to approve the application of White Pine Energy Associates, LLC, for a permit to construct the White Pine Energy Station pursuant to the provisions of the Utility Environmental Protection Act. This will be well over $2 billion in regional construction. Total permanent jobs are 135 at the facility and then will expand to over 230 permanent high paying jobs. The overall economic output for the construction period will be several billion dollars. This is designed for approximately a forty year life. Tommy made a motion to approve the resolution supporting the White Pine Energy Station; seconded by Bill. All voted in favor.


Jason Bleak, Hospital Administrator, presented this item. There are three people interested in serving in District A, Paul Donohue, Glennon Zelch and Robert Sidford, one for District B, Shawn Frehner, one for District C, Jospeh Ty Mizer, and one for District D, Kevin Smith. Jason advised that the current Board recommended Paul Donohue. Ronda requested that these people go through an interview process. This was discussed between department heads and the current board members. Ronda reiterated her desire to have the board interview the three people for District A. Paul made a motion to appoint Shawn Frehner to District B, Joseph (Ty) Mizer to District C, and Kevin Smith to District D and withhold the appointment of District A until the current hospital board has the opportunity to interview the three candidates; seconded by Bill. All voted in favor.


Jason Bleak presented an update concerning the proposed Medicaid cuts and the future state of health care in Lincoln County. There are massive shortfalls in many budgets and the healthcare industry is receiving deep cuts. Some of the proposed cuts could hit the hospital and local residents pretty hard. The indigent accident funds are possibly going to be swept and put back into the system to keep Medicaid running as long as possible. If this happens, and there are indigents traveling through LC, there won’t be money to back them up for health care. The county will be safeguarded as there is a hold harmless clause in this that the county won’t be billed for certain expenses. This gets the county off the hook, but all of the care that the hospital renders will be non-reimbursable. The hospitals will essentially be handing out money to care for these people. A 5-15% cut is what has been proposed for Medicaid. There are many optional programs that will be cut from the state Medicaid program, including long term care, rehabilitation and occupational therapy, and pharmaceutical. Long term care equates to about $1 million positive cash flow for Grover C. Dils (GCD). There is still a $355 million shortfall for Medicaid and in March/April there will be no money to pay hospitals. Jason received an email concerning a meeting that was held last Tuesday with Governor Gibbons; the President of NV Hospital Organization has said that most of the concerns about cuts will be alleviated. 30% of the patients in LC are on Medicaid.


Ronda advised that these are not completed and the names need to be changed. They will be similar to the current resolutions. Tommy made a motion to approve the resolutions opposing wind generators on the White Rock Range and the Atlanta Range and to include in the resolution that the county isn’t opposed to wind generation, just opposed to locating it on these two mountain tops; seconded by Paul. John Crosthwait advised that this seems like the same thing as the Alaska pipeline with the environmentalists. John feels that this is a slanted view from the county’s perspective and asked to see both sides from an independent point of view. John would like to see this out in the public so that residents have the opportunity to comment. Ronda said that this particular issue has been in the newspaper for several years. Ronda said that this county isn’t opposed to wind generation; we’ve simply asked that other areas be considered as these are the only mountains left that aren’t designated as wilderness. Tom Brown advised that LC isn’t fighting against wind generation; they are fighting against placement of wind generators at these particular locations. The county would be advocates to put wind generation in LC if they were placed somewhere other than White Rock and Atlanta. All voted in favor. Cory Lytle advised that this area will no longer be multiple use, the roads will be closed and it will result in the prevention of a number of things, including hunting, cattle ranging, ATV riding, bird watching and many other things. The county isn’t asking that this go away; they are offering to help in another direction.


Leslie Derkovitz, representing Pioche Chamber of Commerce (PC), advised that they are interested in administering the use of the Thompson Opera House (TOH). PC has no interest in taking TOH over financially. The county will maintain interest in ownership of the building. PC would like to find ways to use the building for practical purposes that will enhance the county and particularly Pioche. Small conferences, wedding receptions, entertainment and events, silent movie and live piano, Heritage Plays are some of the ideas for use. Parking around the building is an issue. If a small convention/conference were held this would be a large problem. Access to the upstairs is discussed. There is an additional access at the back that is considered handicap accessible but it is difficult to get to as there is no parking. When the building is finished, it will be an empty shell. Future utilization will required acquiring tables/chairs and other items. Cory Lytle commented that he is working with Phyllis Robistow and Mr. Pearson on this project. The stairs on the front will not be replaced as they are original and this is a requirement under the grant. Those who are disabled and elderly will have to be chauffeured to the back, dropped off, and the person driving the car will have to park elsewhere. The building won’t be finished with tables and computers or things like that as there is no money to do so. The main goal is to make people want to have a wedding reception there or host an event there. The Cultural Affairs Committee has a lien on the building for fifty years, which means that bricks and mortar can’t be changed. Glennon Zelch advised that heat/water bills will have to be paid. Phyllis has a little money set aside for this.


Paul made a motion to approve the voucher for Quality Towing in the amount of $383.92 for the towing of PPU’s utility truck, which was stolen over the weekend; seconded by Bill. All voted in favor.

#17-ORDINANCE #2008-08

Paul made a motion to set the public hearing for January 5th at 11:00 a.m.; seconded by Tommy. All voted in favor.


2010 will be the first time that a National Association of Counties convention has come to Nevada. Tommy made a motion to approve sponsorship for NACo 2010 Annual Conference in the amount of $2,000, to The Community Foundation of Western Nevada, a 501C3 that has been set up by Washoe County for this purpose (funding designation to be included in upcoming budget hearings); seconded by Paul. All voted in favor.

Lunch 12:00-1:00


Grants Administrator Phyllis Robistow presented this item.
a) Update—Phyllis advised that it is expected that the county will lose the Welfare Set Aside funds next year. This year $10,000 was received to aid with rent and utilities for low income residents. It is possible that the county will be responsible for more people under the $.08 fund. The $.08 could be increased another two cents. As much of the money as is left from this year needs to be rolled over into next year’s budget to aid low income residents. If the county is held harmless on IAF the hospital will be in trouble. If there is no indigent fund the county will not be able to help anyone and it could result in residents having to choose between buying medication or buying food. Toni Pinkham advised that Trina is on board and they have a new computer that is up and running. They are working towards getting caught up.

#16-ORDINANCE #2008-04

This is the time and place for continued public hearing on an ordinance amending Chapter 1 of Title 4 of the Lincoln County Code authorizing Lincoln County to regulate, control, and license all persons engaged in, associated with, or in control of the business of liquor sales within Lincoln County and to assess license fees for the privilege of operating such business within Lincoln County as authorized under NRS 244. Paul reviewed the history of this ordinance. District Attorney Greg Barlow addressed the matter of the fees. Current general liquor license as of this year is $100 per quarter. Current package liquor license is $75 per quarter, and license for beer and wine only is $50 per quarter. There is a license fee for providers of $125 per quarter. Liquor license fees haven’t been increased for 18 years. Tommy commented that, with the current economic crisis, this isn’t the time to raise fees for business owners. Clint Wertz, Planning Director, met with Greg to discuss the separation distance in Title 14 that is different than what was included in this ordinance. The distance written in for Coyote Springs is 1,500 feet. The distance for current businesses that is grandfathered in is 1,000 feet. If one of the current businesses closes their doors or gives up their license, they will have to reopen under the new ordinance. Greg advised that if a bar is sold and never closes they are still grandfathered in in terms of distance separation. Under nonconforming use, there is a one year period where a bar could close and reopen if done so within one year; this is one way to deal with the distance issue. John Crosthwait asked if the liquor license would be kept the same. Ronda answered that yes, the only areas that will change are those in the Toquop and Coyote areas. In the future the fees will be adjusted by resolution. Greg said that he will have all updated changes on the next agenda for approval, including the language that provides for fee changes to be done through resolution. Ronda advised Greg that the updated, clean copy must be given to the Clerk’s office in both hard copy and electronic format. John suggested that something needs to be done with the closed businesses to generate business in Pioche. John asked that the county put pressure on the store owners to clean up the store fronts. Clint advised that a vacancy tax is legal and can be placed on empty businesses. Incorporated changes include: fees are to remain as they currently are within the general county, increases will apply to Coyote Springs and LC Land Act only, and language will be added stating that fees can be changed by resolution. Bud Sanders encouraged the Board to not raise taxes as all are hanging onto their business by their fingernails. No action is taken and this item will be on the agenda at 11:00.

#18-RESOLUTION #2008-49

Glennon Zelch presented this item. This is a requirement of USDA per the loan. Tommy made a motion to adopt the resolution to change the sewer rate for residential and commercial users of Pioche Public Utilities with residential going from $14.50 to $17.00 and Commercial from $20.00 to $22.50 with an overage rate of $1.00 per 1,000 gallons thereafter; seconded by Paul. All voted in favor.


Phyllis Robistow presented these items.
b) Emergency Management Grants—Phyllis advised that she and Rick Stever spent 11-14 at DEM. DEM is emphatic that things are done correctly or no grant money will be received. One of the things that they are requiring is that LC have a full time Emergency Manager. DEM will give a minimum of $250,000 to be spread equally among 6 counties for administration. This is approximately $41,000 for each county and is guaranteed through 2013. There will be more money; they just won’t guarantee it for things like purchasing ambulances. Phyllis presented a draft budget for July 1, 2008 through June 30, 2009. Emergency Management Director was budgeted at $33,000 for this year. At the end of October there was still over $23,000. Approximately $8,700 is what would be needed to make Rick full time for the rest of this year; this includes benefits. Phyllis submitted this budget, wherein it shows Rick going full time January 1, 2009. The salary would be $39,120.00 and the total budget is $71,006.00. The county will still have to “kick in” approximately $30,000 if the FEMA grant doesn’t come in. If the FEMA grant does come in, the county will contribute approximately $14,670.00. Ronda feels that this position requires a full time employee. Rick indicated that the salary is acceptable. Ronda suggested that the salary needs to be reviewed at the end of the six month probation period, which is April 2009. Ronda said that a baseline salary for this position is $42,000 for someone with some experience. Ronda suggested that the position be started at $42,000. The county’s portion, without the FEMA grant, would then be $31,500. With the FEMA grant, the county’s portion would be $15,750.00. $73,166 is the total for the Emergency Management position. Action for this item will be taken under Item #26c.


c) Consideration of reestablishing the position of Emergency Manager as full time and determining an effective date thereof—Tommy made a motion to reestablish the position of Emergency Manager as a full time position, effective January 1, 2009, with a salary of $42,000; seconded by Paul. All voted in favor.


c) Rankings and selection of consultant for the Open Space Plan—Four firms were interviewed out of seven applicants. Clint Wertz reviewed the various presentations. RCI Winston is the first pick and the second is Consensus Planning. Paul made a motion to select RCI Winston as the consultant for the Open Space Plan; seconded by Bill. All voted in favor.


The award for this will be tabled to the 12-15 meeting.


Connie Simkins, Nuclear Oversight Program Coordinator, presented these items.
a) Cooperation and legal representation for Caliente with Nuclear Waste Policy Act Funds—This item concerns providing Barry Neuman with instruction to represent Caliente as well as LC or setting aside funds for Caliente to obtain their own legal representation. Mayor Kevin Phillips has indicated that Caliente would prefer funds to get their own representation. Barry has worked for LC on licensing. The licensing would have more to do with the county as opposed to the City. Ronda asked if Caliente’s intention is to be named and be part of the licensing procedure. Kevin has advised that they’ve not made that decision at this point. Tommy suggested that this be tabled until Caliente comes to a decision. Ronda said that she feels that the city needs to come forward and outline what services they believe a legal representative could provide them with. Paul said that if they are allowed separation funds this will be the beginning of the division. Paul feels that the county and the city need to continue to work together. Paul doesn’t understand why the county and city are being treated as two separate entities when they’ve always been a unified front. The attorney client privilege belongs to the Board of Commissioners. Ronda said that it is important for Caliente to advise what their needs are so that they can be addressed. Caliente wants to be part of the decisions that the county makes, based on the 1997 MOU. After the first of the year, this MOU will be updated. Connie will ask Caliente to present their requests for legal help to the Board after the first of the year. Connie hoped that Barry Neuman could be told to represent both entities. Vaughn Higbee presented various concerns, including the fact that Barry has created a situation where there are bad feelings between LC and Caliente. Vaughn commented that the resolution that was passed gave the lawyers the authority to move forward on certain issues when the authority belongs to Connie. Vaughn feels that the gathering of materials and information is vital, but “rattling swords” with attorneys creates an issue and there is no way that we can compete in terms of dollars and cents. Barry has assured Connie that he will not move forward on anything that hasn’t been previously approved by the Commission. He is only able to act on topics that have been approved by the Board. If there is new subject matter, Connie has made it clear that the Board is to know about them prior to Barry acting. Barry has advised that he will work directly with Connie on anything that requires a quick answer and it is to be within the scope of what has been approved.
b) Approval of Certification of Expenditure of Funds letter, Nuclear Waste Policy Act Funds — Tommy made a motion to approve and authorize Ronda to sign when completed; seconded by Paul. All voted in favor.


Vaughn Higbee presented a report on Nuclear Waste and Caliente Rail Corridor. The new Secretary of State is Hillary Rodham Clinton. Vaughn reviewed the various people who have been appointed by President Elect Barack Obama. The Secretary of Energy hasn’t been appointed yet. To date, Obama has appointed a number of Clinton’s cabinet members. Vaughn and Connie Simkins have been working on getting ready for the STB meetings. Connie commented that they are working on getting the web streaming running again. All ten AULGs are submitting a motion to the presiding officer at NRC to follow through for the web streaming initiative. LC has indicated their support for this. There is a public comment period open at this time for an issue on the Federal Register.


a) Update—Notification from the Census was received that the second phase is well underway. Dawne has spent the last few weeks checking the addresses. A letter to the public will go out in January advising of the new addresses. This is a system for physical addresses only. The website with the mapping server is nearly completed and it’s linked to the county website.
b) Contract for $128,000 for the professional services of Tischler/Bise to develop and implement a fiscal impact analysis and model for Lincoln County—Clint reviewed the report as provided by Tischler/Bise. Clint requested that $40,000 of developer fees should be put towards this. As of Wednesday, Ken Dixon advised that BLT/Eagle Falls wants to delay paying the $40,000 that is due under their contract. All funds in Land Act Planning and Development were budgeted. The balance of the fund is approximately $200,000. Paul made a motion to authorize Clint to write a contract with Tischler/Bise for the development of the Fiscal Impact Analysis model, with funds to be paid from Fund 93 and to be supplemented with developer agreement monies (where available); seconded by Ronda. Bill is opposed. Motion carries 3-1.
c) Hiring of a dedicated coordinator for the Toquop Planning Area as required under approved development agreements for both BLT Group and Lincoln Highlands. Review of position description and proposed salary and position costs—In order for the county to be prepared for the projects that are upcoming, this position needs to be filled. Both developer groups have asked to forgo this commitment in the contract based on the economy. The first year costs will be $108,000 and annual costs thereafter will be $106,000. This position will be fully funded by the developers. Starting salary range is $65,000-75,000. Paul said that until funding can be secured from developers this is at a stand still. Clint said that a letter needs to be sent to the developers asking for this position to be funded. Letters have been received from two developers advising that the timing is bad as is the economy. This position will be located in Clint’s office. Paul asked if a meeting needs to be held with the developers concerning this issue and questioned what will happen if they don’t want to write the check. Clint responded that the agreement would be in default. Tommy made a motion to approve a formal request for funding of this position; seconded by Bill. All voted in favor. Clint and Ken will send the letter.
d) Introduction of an Ordinance to include amendments to Title 15 of the Lincoln County Code to include: mechanism for fee collection, changes to definitions and modifications of use tables for resort hotel and casinos—Ronda read the ordinance by title. Paul made a motion to propose the ordinance and set it for public hearing on January 5, 2009 at 1:00; seconded by. All voted in favor.


Cory Lytle presented this item.
a) Update—Richard Simpson is doing several inspections and goes to Alamo at least once per week. Cory is now certified in residential inspections. There was a leak at the Million Dollar Courthouse and Cory will work with Keith Pearson on this tomorrow. The insulation on the kwansit hut in Rachel will be finished tomorrow. Ken Dixon reviewed the letter that he will be sending to BLT about the nonpayment of the $40,000. This is a notice of noncompliance and they will be given 30 days to correct the condition. After that, a notice of default will be sent and they will have ten days to respond. A hearing before the Board will have to be scheduled to determine if they are in default and how the Board would like to correct it. This letter has been reviewed and approved by the District Attorney.
b) Payment of $1,100.00 to Pearson and Sons Construction, LLC, for completion of roofing repair on the Million Dollar Courthouse—This item is off.


a) Highland Peak agreement with the State—Sheriff Kerry Lee presented this agreement. This is for rack space in the approximate amount of $4,669.50. Rebel Communication will be allowed in the building as they are a contractor to the county. State must maintain everything, including the propane and generator. Tommy made a motion to approve the Highland Peak agreement between the Department of Information Technology and the Lincoln County Sheriff’s Office in the amount of $4,669.50 (to be paid from Fund 95); seconded by Paul. All voted in favor.
b) Lincoln County Courthouse business hours—The Board agreed that there has to be coverage for all offices from 8-5, including the District Attorney’s office. Tommy made a motion to set the LC Courthouse hours at 8 a.m. to 5 p.m. Monday through Friday; seconded by Bill. All voted in favor.
d) Purchase of laptop computers to be used by the Lincoln County Board of Commissioners and determining a funding source for the purchase—Ronda advised that a determination was made during budget hearings that laptops would be purchased for the Commissioners. It was agreed that the purchase would be split between the Commission, Water District and GID. It isn’t listed in the minutes as to what the Commission will pay. Bill made a motion for the Commission to pay 50% (Ronda will work with Dan concerning what fund this will come from), Water District pay 25% and, GID pay 25%; seconded by Tommy. All voted in favor.
e) Discussion re: draft Sensitive Information Policy—Ronda made a motion to put this on the 1-5-09 meeting; seconded by Paul. All voted in favor.


Commissioner Tommy Rowe discussed the committee that has been working trying to save the Honor Camp. A request has been made for the county to contact Dan McArthur to give a quick audit on some of the figures that the committee has received. Tommy wants to take the figures that they have and ask Dan some questions about them to find out how the figures work. Ronda will ask Dan if he is able to do this, but Ronda said that Dan would have to have an agreement with NDF in order to audit their books. The committee simply wants Dan to compile all of the figures that they’ve received so that they will be more comprehensive; they’re not asking for Dan to audit NDF.


There being no further business for the Board to attend to, Tommy made a motion to adjourn the meeting at 4:18; seconded by Paul. All voted in favor.

Attest: ______________________________________ Approve: _________________________________

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