PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF LINCOLN, STATE OF NEVADA
July 6, 2009
#1-CALL TO ORDER/ROLL CALL/INVOCATION/PLEDGE OF ALLEGIANCE
The Board met in regular session with Chairman Paul Mathews calling the meeting to order at 9:04. Clerk Lisa Lloyd called the roll with Commissioners Tommy Rowe, Ronda Hornbeck, Paul Mathews, Ed Higbee and Bill Lloyd being present. There is a quorum present and the agenda was posted on 6-29-09 to comply with the open meeting law. The Invocation is offered by Ed and Tommy led the Pledge of Allegiance. District Attorney Greg Barlow is present as well.
2* Approve/Deny minutes of the June 1, 2009, June 15, 2009, June 24, 2009, and June 29, 2009 Commission meetings.
3* Approve/Deny wage increase to $7.55 minimum wage, for Library Personnel: Gina Lee Aiello, Janeal G. Christensen, Mary K. Ferguson, Beverly Maupin, and Barbara Zelch.
4* Approve/Deny hiring to fill permanent staff member positions to Tri-county Weed Control: (1) Spray Operator II; (2) Office Manager.
5* Approve/Deny hiring replacement of Site Worker for Panaca Senior Center.
6* Approve/Deny hiring replacement of part-time dispatch position with Lincoln County Sheriff’s Office.
Ronda made a motion to approve the consent agenda, with the exception of Items 4 and 6 (these are handled separately); seconded by Tommy. All voted in favor.
#4-TRI-COUNTY WEED CONTROL
This item concerns the hiring of a spray operator II and office manager. Tommy asked if this position will be advertised. It already has been. Tommy made a motion to approve; seconded by Ed. All voted in favor.
#6-LINCOLN COUNTY SHERIFF’S OFFICE PART-TIME DISPATCH
This item includes the hiring of a part-time dispatch position with the LCSO. Tommy asked if benefits will be paid for this position. No; benefits aren’t paid for part time positions. Tommy made a motion to approve; seconded by Ronda. All voted in favor.
Recorder/Auditor Leslie Boucher presented the vouchers. There are two vouchers for Three Square but a policy still isn’t in place. Phyllis continues to work on creating policy. The fund to pay for the $2,000 NACO conference contributions is General County Miscellaneous. Tommy made a motion to approve the vouchers as presented, including the two for Three Square; seconded by Ronda. Phyllis advised that the policy will be ready at the next meeting for approval. All voted in favor.
#9-OFFICER/DEPARTMENT HEAD REPORTS
RECORDER/AUDITOR Leslie Boucher presented the cash balance reports. General County has a balance of $682,065.37 with estimated expenditures being $293,778.06. This leaves General County with a balance of $388,287.31. Transportation has a cash balance of $28,586.60 with estimated expenditures being $5,111.39. This will leave Transportation with a balance of $23,475.21. Nutrition has a cash balance of $20,862.34 with estimated expenditures being $10,739.57. This leaves Nutrition with a balance of $10,866.92. Detention Center has a cash balance of $231,497.45 with estimated expenditures being $94,233.68. Detention Center will have a balance of $311,003.77. Solid Waste has a balance of $55,533.65 with estimated expenditures being $17,250. This leaves Solid Waste with a balance of $38,283.65, which will cover two more payments.
This item is handled under separate agenda.
#9-OFFICER/DEPARTMENT HEAD REPORTS
TREASURER Kathy Hiatt advised that she hasn’t received a report from the Ambulance since November; they really need to get caught up. Interest can’t be earned on the monies if they aren’t reported. SHERIFF Kerry Lee advised that they met with four representatives from Clark County Detention Center. There are four officers going down to do jail evacuation training this month; no cost for the class. Clark County still doesn’t have an opening date for their detention center. CCDC is very happy with their contract with LC. If LC takes one of the CCDC inmates to the hospital and they have to stay there CC will reimburse LC.
This item is handled under separate agenda.
#10-HUMAN SERVICES/SENIOR NUTRITION
a) Update—Toni Pinkham reported that they’ve advertised the senior program to try and increase participants. Raw food has decreased approximately $1,500 per month. The food bank is nearly ready. Anyone who comes in to get food from the food bank has to fill out an application; this is for the needy. CSBG and Welfare Set Aside criteria will apply. Toni advised that there are several seniors who will only eat half of their meals in order to feed their pets; this is why Toni purchased dog food. Social Services, from June 1 to July 1st this year, has helped 49 families with rent, utilities and food. Ronda advised that there are people in Rachel and Eagle Valley that can use food. At this time, Ronda is aware of two elderly that are in serious need of assistance. There is some discussion about Meals on Wheels going to Eagle Valley. Toni will look into it. Tommy stated that it is cost prohibitive to set up a new route for Meals on Wheels. One of the CSBG grant requirements is case management; this is why Toni needs details on people. Toni will be attending a Three Square meeting on
#18-DONATION REQUEST FOR HIGH SCHOOL RODEO
Kelbee Cheeney presented a request for a donation so that she and Shelby Scott might attend the National High School Finals Rodeo in Farmington, NM on July 15-18, 2009. The state usually gives the high school rodeo club $30,000 per year. However, no money was received this year from the state based on budget cuts. The result is that the kids now have to pay all of their costs. Phyllis advised that she still has money left that was donated by a developer; there’s $400. Ronda made a motion to approve a donation to the LC Rodeo Club of $400 to help support the qualifiers for Nationals, to be paid from Grant 806; seconded by Ed. All voted in favor.
Rick Stever presented these items.
a) Update—Rick reported that signs have been purchased indicating the direction of the EM office. Rick received information from the state concerning available grant money. Rick would like to do a flood plain/channel analysis. The Flood Board doesn’t have a great deal of information concerning this type of study. Rick would like to pursue a general county analysis. The grant requires a 25% match, but this can be in-kind. Ronda advised that there is a rock structure dam in Spring Valley that is filled to capacity; this should be included in Rick’s study. Rick has a list from Carson City of contractors that conduct this type of analysis. This study would look at the wild fire impacts and flood issues. Last week there was an amateur radio open house held in Panaca in conjunction with the fire departments and EM. The radio people demonstrated how they could assist emergency responders if the need were to arise. Tomorrow Rick will be in Las Vegas at an Aid Matrix Seminar.
b) Request from the Fair Board to use the Emergency Management Office/Ambulance Barn in Panaca for fair displays—Ronda asked if they will guarantee that someone will be there at all times to watch over the items that are stored there so that nothing is taken and to ensure that the building is locked. Tommy made a motion to approve and let Rick work out the details; seconded by Ed. All voted in favor.
#13-LINCOLN COUNTY TELEVISION DISTRICT
Terry Jones presented these items.
a) Resignation and appointment of a board member—Ruth Richardson has moved back to Wisconsin. After advertising Frances Harrington was chosen. Tommy made a motion to appoint Frances Harrington to the LC Television District Board; seconded by Ronda. All voted in favor.
b) Update—The transition from analog to digital was successfully completed. Some of the digital equipment was received damaged and this curtailed transmission to some sites. Channel 3 is not being received in Pioche. In the rural areas the old antennas work better than the new antennas. Digital signal can only be received in a straight line from the original source and has caused a lack of reception in certain areas. The heat of Mt. Elle caused fan failure and resulted in the interruption of transmission signals. Due to the recent storms that knocked power poles and a transformer, the signals from the Caliente site were disrupted for almost two weeks. The Pioche and Ridge sites are not up to code. Ursine site needs the antenna wire reburied. Some old/surplus equipment must be removed from the ridge site at Mt. Elle by Channel 3, Las Vegas. Test equipment was purchased for the new transcoders. New roofs were installed on two buildings, keys and locks have been replaced at all locations, and an air conditioner was purchased and installed with new sheet metal work for the Mt. Elle ridge site. The building at the Mt. Elle ridge site was re-leveled and a new door was installed. Fans were purchased and installed where it was necessary. New brakes and additional preventative maintenance was performed on the truck.
#14-2009-2010 TAX RATE
Alamo Town increased to 3.4202. Alamo Town has always felt that they need to keep the tax rate at the highest rate possible. Ronda made a motion to approve the 2009-2010 tax rates; seconded by Ed. All voted in favor.
#15-COUNTY MANAGER RESPONSIBILITIES
This item concerns the distribution of former county manager duties. Ronda advised that she has asked Denice Brown to sit in on Commission meetings to track agenda items. There are several projects that John Lovelady was working on that will have to be redistributed to other departments. There is some discussion about the Alamo Industrial Park. Ed will sit in on discussions concerning the AIP. Much of the letter writing, agreements and other things that John was working on has already been shifted to the DA’s office. Ed and Paul continue to pursue funding from Western Elite for hosting fees. Dan McArthur has advised that the money from WE will have to go into the solid waste fund. Phone calls and correspondence will go directly to Denice Brown; if action/decision is required it will be addressed by the Board. Phyllis Robistow discussed grants; prior to having a county manager the Pioche Commissioner would sign grants and then they would be ratified on the next agenda. Bill will sign grants for Phyllis and then the changes will be ratified. Paul commented that as time moves forward things will surface and be addressed as they do. Denice advised that John signs time sheets for numerous people and asked if this would be an issue. These individuals will simply have to turn the time sheets in to the Recorder/Auditor without the additional signature. The personnel policy will move forward. Paul stated that a meeting/workshop needs to be held to review the personnel policy as proposed. Revisions will be made at this time if needed.
This is an ordinance imposing an additional $20.00 fee to filing fees in the Seventh Judicial District Court for all non-exempt actions to pay the cost of providing court security and permitting said collections to carry forward into the next fiscal year. Ronda made a motion to propose the ordinance and set it for public hearing on August 3, 2009 at 1:00 p.m.; seconded by Tommy. All voted in favor.
#16-RENTAL AGREEMENT BETWEEN LC/LC WATER DISTRICT
Wade Poulsen, LC Water District General Manager, discussed the need for the Board to create a rental proposal for office space and equipment use in the Lincoln County Courthouse. When the cell block offices were set up all of the furnishings and supplies were purchased with Building Department funds; Ken Dixon feels that the rental monies should be paid to the Building Department fund. Greg suggested that LCWD look at leasing a store front in downtown Pioche. Proposed rent is $150, this includes office space, equipment and space on the server/IT needs. Paul felt that the rate should be a little higher based on what is provided. Paul suggested that $250 per month is more appropriate, with the money being split ($150 to Building Department and $100 to Buildings and Grounds). Ronda made a motion for the LC Water District to pay rent in the amount of $250 per month ($150 to Building Department and $100 to Buildings and Grounds) and the DA’s office will prepare the lease; seconded by Ed. All voted in favor.
#29-LINCOLN COUNTY REGIONAL DEVELOPMENT AUTHORITY
Ronda made a motion to appoint David Hurd to the Lincoln County Regional Development Authority Board of Directors; seconded by Tommy. All voted in favor.
#17-QUARTERLY JAIL TOUR
The Board made the usual quarterly jail tour. There are currently 68 Clark County inmates and 10 locals.
Paul Yamamoto is present from Norcal. Debbie Leonard, legal counsel for Norcal, joins the meeting via telephone. There are two versions of amendments, one that Norcal has presented and one from the DA’s office. Paul Y. reviewed the version that he provided to the Board. One of the primary concerns of the Commission is that it appears that this document allows Norcal to dispute any rate adjustment approved by the Board whether it’s the 6% or otherwise. Section 4.9(b)(vii) states that the rate adjustment will be according to Section 4.1 of the original agreement, provided, however, that such percentage adjustment shall not be less than 6%. 4.10(a)-Submission of Protests, there are two conditions under which Norcal can protest: 1. the county fails to resolve disagreement or act on compensation schedule or 2. the county adopts a service rate schedule that reflects a percentage adjustment to service rates for DBF that is less than 6%. The deferment account accrues interest at a prime rate and if the tonnage isn’t acquired, all dollars accrued at the end of the five years are forgiven. Norcal has absorbed all of the financial risks they possibly can. The status on attaining the L.A. contract is the same as it was; L.A. will be putting out a request for bid or RFP. Norcal hasn’t seen the RFP yet. DA Greg Barlow advised that his office hasn’t attempted to renegotiate terms; they redid the first three paragraphs of 4.9. Greg reviewed the rate adjustment, which will be a minimum of 6% over the prior rate year. The delay paragraph remains the same. Offset fee is B, under Section 4.9, and means that all of this will be wiped out if the project doesn’t come to fruition by the end of the term. Section 4, Protest Agreement, includes a renumbered Section A, which is that this section only applies if the county approves a DBF rate of less than 6%. All of the figures, calculations and percentages have remained the same. Section 5, termination section, includes an agreement for two additional terms of five years each that requires mutual agreement. Section 7 includes the county support and this is to Norcal’s benefit. In terms of concessions this is a rate setting agreement. If the Commission approves a 6% increase, and Norcal’s methodology is applied to determine what goes into the deferment account, the 6% will be accounted for. Section 4.9 says that the 6% is over the prior rate year, Debbie said. The county’s concern is about the baseline for the rate raise. The baseline rate is from the prior rate year. It isn’t Norcal’s intent to reinterpret the amendment or contract once it’s been agreed to, Paul Y. said. Norcal will abide by the intent and purpose of the amendment. The intent is to address all of the concerns that have been raised over the last year and a half. Ronda stated that she would rather make certain that the county is secure in the language prior to locking the county into an agreement. Debbie commented on the reconfiguration presented by Greg; it has terms that aren’t defined and there are no cross references between the definitions. The language, as it is, isn’t something that Norcal could sign based on these problems, Debbie said. Content wise, there are significant problems with some of the language that just got removed. Debbie put a great deal of time into ensuring that the internal references are documented. Having terms in the agreement that aren’t defined poses a problem, Debbie stated. Paul Y. requested that the Norcal language serve as the basis for any modifications. The amendment favors the Commission. It appears that the
Commission is hesitant to amend the agreement in favor of the county and Paul asked what the Commission’s position is. Do they wish to continue the relationship or bring the contract to an end? Ronda said that she has long felt that the rate increases should be from 3-6%. Ronda’s questioned the 6-12% and the fact that Norcal has the right to ask for 12% if they aren’t happy with what the Commission approves. The final say on the rate increases should belong to the Commission since this is their county. The final say for protest should be that Norcal can protest if it’s less than 6%, Ronda said. The Commission should have the final say on what the county is going to pay, Ronda reiterated. Further there are many citizens in LC that are living on fixed incomes and don’t receive increases ever. Yet, Norcal can go back in and ask for 12%; this is a concern to Ronda. Paul Y. stated that this concern has been addressed in the amendment. Norcal’s intent is to accept the increase as approved by the Commission. Paul Y. cited Section 4.10, which says that Norcal can only protest if it’s less than 6% or the Commission fails to act. Section 4.9(b) states that the rate increase is entirely at the Board’s discretion. Greg discussed the insertions under 4.9 and 4.10, which are there to clarify what the rate increase may be and at whose discretion. Greg said that his simple statements don’t do any harm to the agreement as it’s been proposed. Greg asked Debbie if these can be included. Debbie responded by saying that the language Greg presented doesn’t provide clarity and will create confusion. It’s clearly in the language presented by Norcal that it’s the county’s discretion and it’s 6%. The language Greg presented includes obligations on the county’s part that have been removed, including the payment of the deferential through the offset, Debbie said.
All of the methodology in the existing agreement needs to remain in effect, Debbie said. This methodology is used to determine how much would be used as an offset for the host fee, if waste comes in. All of the methodology is important to maintain now. All of the other language is important for determining the deferential in the event that out of state waste comes in. In some places it is suggested and in some places it is eliminated altogether, Debbie said. Paul Y. requested that the Norcal document be used as the basis for discussion if the county wants to move forward with language modifications. Greg stated that he didn’t rewrite their agreement; he reorganized it. Greg will be happy to work with Norcal’s agreement and asked for more time to work with Norcal on the clarification of rates and protests. 4.9(b)(7) is referenced. Greg stated that it is simpler for the language to state “here’s what the rates can be” and “here’s when protests can take place”. Greg didn’t change any of the terms. Greg didn’t feel it would offend Norcal’s version to state that the county has the discretion to set 6%, and that’s it. Debbie stated that they can add language setting forth that the county has at its discretion to raise rates only 6% over prior year. In terms of only being able to protest when the rates are raised less than that ignores the importance of continuing with the methodology to calculate the differential, Debbie said. Debbie disagrees that the only reason for protesting will be the increase of less than 6%. Greg asked if the Commissioners issued a rate increase of 6% or more, when the offset calculation is done is there room for protest. The rate making and methodology are done beforehand. The amendment relegates the methodology to determine the set aside; with no way to dispute that the set aside account itself would be in dispute, Paul Y. commented. The methodology in the amendment and original agreement are the same. Paul M. asked that this item be tabled to the next meeting so that the differences is language might be worked out. Paul Y. said that it’s been Norcal’s intent to address the concerns and issues of LC and he feels that Norcal has come a long way in doing so. Greg and Debbie will work on this issue further and it will be readdressed at 1:00 on July 20th. Marge Detraz commented that she hasn’t talked to a single person in Panaca that’s happy with this service. Marge suggested that the Board talk to the residents of LC.
Clint Wertz and Dean Neubauer presented this item.
b) Final action on parcel maps 09-104 and 09-105 for parcels 06-241-24, 46, 47, 48 and parcels 006-241-29, 32, 40, 42, 43, 44 and 45 to rectify parcels created by deed to create legal parcels—Ronda disclosed that part of the property under discussion belongs to her mother and she excused herself from voting on this issue. Planning Commission has authority on most maps except for subdivisions. This is an issue that PC felt should be addressed by the Commission. This project is located in Ursine and has been evolving over the last two years. Clint reviewed the history of this issue. There are many documents and maps recorded whereby land was divided by deed, maps weren’t done. This is a very broad issue and Clint has been working with property owners. One of the conditions, when this was before the PC, was that title reports needed to be completed. After the title reports were submitted to Dean, there are 15 different names that show up as exemptions on these reports; this means there is a high likelihood that there is a cloud on the title. Dean reviewed the maps and attempted to come up with a correct map to legally record parcels. The original maps described lots 10,11 and 12 of Eagle Valley; this map was unrecorded and stated this on the map. Dean requested that map and vesting deeds from Leonard Smith. The deeds that came through were joint tenancy deeds with no map; people deeded off the lot interest only. At that time, Dean requested Leonard to ask his clients to proceed with quiet title. Once an original description is fouled up, the court is the only one that can put it back together. Leonard came back to Dean and advised that his clients didn’t want to go through quiet title. Dean then went through title policies to see how many people can have an interest in that property. When the title reports came in during May, there was an entire list of exemption. Dean recommended that this is a situation that can’t be corrected property with the maps that are in front of the Board; this is a situation that can only be corrected by the courts. Through quiet title the court would declare legal owner of the property. This is a finite group of people; if they all join in the action and agree to how they would like to have the lots, they could then sign off and the court could quiet title. Clint requested the Board, if they want to see the maps recorded as is, sign the maps in addition to the Planning Commission. The only way for the county to avoid future litigation would be for this to go through quiet title, Dean said. Farrell Lytle stated that they have an accurate survey of existing property lines. The current new map prepared by Leonard Smith uses the correct markers. Everyone agrees that the fence lines are the boundaries. Farrell stated that this is the map
they would like to record; it’s accurate as to location. However, the old owners who have property on the map could transfer this into a claim on the property. Farrell agreed that quiet title is the way to go; one of the forcing issues is the precarious health of one of the property owners. This creates a much larger problem as some of the families are large. Greg stated that they want to tie down the lot lines and then go to quiet title to resolve the rest of the issues. Greg said that a record of survey could be signed by all subject owners and recorded. This would establish that all of the owners agree to the boundaries; this doesn’t require approval from PC or Commission. Once this is done, quiet title can be pursued to resolve remaining issues. Record of survey would resolve the boundary issues. Greg suggested that Farrell file record of survey, with everyone signing off on it, and then they pursue quiet title. Randy Lytle advised that there was a lawsuit many years ago between Thompson v. Hollinger; at the time the court stated that the fence lines stand and Randy feels that this applies. All parties involved have agreed that fence lines are the boundaries. Paul Donohue stated that his parents shouldn’t have to pay another penny to resolve this issue; they have spent over $14,000 to date. It will cost another $2,000. Paul D. questioned why quiet title was the first thing out of everyone’s mouth. Paul D. further stated that it is ridiculous to require his parents to pay more; every single person on those deeds are dead. Paul D. has a map, that was hand drawn and recorded, that is exactly the same as the one they’ve paid all this money for. Paul D. stated that resolution is needed, but questioned why quiet title isn’t the first thing that was suggested to them; this would’ve saved time and money. Title reports were only received this year; you don’t know if there is a cloud until the reports are received. Paul D. reviewed the lengthy history of trying to get things resolved. Paul D. commented that this generation hates owing anyone anything; his parents have owed Leonard Smith money for 1/12 years and have finally paid it off. Paul D.’s parents became so frustrated that they’ve turned this over to Paul to sort out. Greg said that he appreciates Paul’s frustration, but the recorded map wouldn’t change anything and the Commission has no authority to declare title to anyone. Paul D. responded that the Commission would only be approving the maps, not title; title comes from the deed. There are so many interests that if the genealogy was done and heirs were found to sign off, it could be done simply. It is an unknown, and that’s why this goes through quiet title. Paul D. commented that he knows what quiet title does, but continued to question why this wasn’t done in the beginning; why weren’t they told they had to do quiet title first instead of being given many different roads to try. The survey’s been done and once the record of survey is done the boundaries are set. Paul D. addressed the survey portion of this; there are 6 maps per group. Paul D. believes the county is liable now; everything they’ve done to this point has been done with some county employee approving and stamping it. Paul D. understands the legal benefit to quiet title, but asked who steps up now that everything that’s happened before and everything that’s been done is being declared deficient. Clint advised that it was his decision to bring this in front of the Board. Clint feels that this concerns larger policy issues. Clint stated that the applicants came to him to do boundary line adjustments and other various things to their property; this is when things are triggered and applications are turned in for consideration on the agenda. Discussions have been ongoing for two years. Clint’s goal was to clean up the block, not just nickel and dime pieces. Dean commented that the surveyor has done a fabulous job. Courts generally fall on fence lines for boundaries. There are only two ways to move boundaries, boundary line adjustment and through quiet title action. Dean believes that the quiet title process will be very quick and painless. Dean understands the owners’ frustration. In August 2008, Dean recommended quiet title immediately after reviewing the first maps. Dean feels that the only true way to rectify the situation to protect everyone is quiet title. Ed commented that this is the tip of the ice berg. Randy asked if each lot and parcel has to be addressed or can it be done as a block. Greg commented that this can be handled by block since this is a compact group. There are no time constraints on the maps. If record of survey was done and taken to the courts they should never have to get this resurveyed. Greg recommended that the Board not approve these maps; rather, they should be filed as record of survey and taken to the court. Farrell stated that it appears that the Commission is really not involved in this issue; it’s just the owners. The owners will now have to get together and find an attorney who will handle this as a block. Dean, County Surveyor, stated that the survey is accurate. Dean offered to review the record of survey and sign off on it prior to it being recorded; the Board agreed this should be done. Greg cited that it would cost approximately $2,000-3,000 total if handled by block; this is Greg’s best guess. There is some discussion concerning the process of quiet title. Paul D. asked again what the county is going to do since he has several hundred years’ worth of paperwork that are now being declared worthless. Will the county now recommend quiet title from now on? This is a civil issue, Clint said. Paul D. understands the process of quiet title, but it’s very frustrating that it’s cost $14,000 to come to this. If they’d immediately gone to quiet title would these expenses been avoided? What is the county going to do now for the citizens? Greg cited the various areas of the county that have these same issues. After all is said and done through quiet title the court will enter a decree. Tommy made a motion to have the county surveyor sign the record of survey and any other forms that will help these people out to move this ahead to quiet title; seconded by Ed. Paul D. advised that Clint has handled this very professionally. Randy said this is going to be a real mess. Ronda abstains. Motion carries, 4 in favor and one abstention.
#20-INTERTECH SERVICES AGREEMENT
Dr. Mike Baughman presented this item. This agreement will further development of the Southeastern Lincoln County Habitat Conservation Plan. Once there is take, there is a requirement under the Section 10 that habitat must be in place. Ronda made a motion to approve the agreement between LC and Intertech Services, in an amount not to exceed $77,440.00; seconded by Ed. All voted in favor.
#28-MEMORANDUM OF AGREEMENT-LC REGIONAL DEVELOPMENT AUTHORITY
Dr. Mike Baughman is present for this item, which is a memorandum of agreement (MOA) between LC and LC Regional Development Authority regarding design and implementation of a Yucca Mountain Repository Local Procurement Impact Assessment Monitoring Program. Ronda made a motion to approve; seconded by Ed. All voted in favor.
#21-CONTRACT WITH KEN DIXON
This item concerns renewal of a contract for Ken Dixon and amends the scope of work to focus on the Southeastern Lincoln County Habitat Conservation Plan finalization for issuance by United States Fish & Wildlife Service of the Section 10 permit and tasks associated with preparatory phases of implementation process. Ken reviewed the proposed contract. The HCP portion is funded through a BLM grant and Ken will continue to maintain office hours in the courthouse as needed. Contract rates are $36.00 per hour for Ken and $22.00 per hour for Joanne Dixon. Tommy made a motion to deny renewal of this contract with Ken Dixon and assign this to the Planning Department, Clint Wertz; seconded by Bill. Ed cited that he’s interested in bringing this to an end and having this in hand. Ed feels that this should be approved to the end of October. Ronda cited that this is out of the county’s hands; there is no way that the county can dictate completion by October. Currently, this is in the hands of F&W. Ronda stated that Ken has worked extremely hard on this project. The Board has asked before if there was anyone interested in taking this project on; there have been no other takers. Ken has been working on this since the inception. Ronda said that Ken understands the issues and what it takes to finish. Clint’s plate is already full; Ronda questioned why the Board would add this to it. Paul said that he has concerns about changing personnel responsibilities at this point. Paul doesn’t doubt Clint’s ability to complete this project, but he already has a great deal of responsibilities. At some point, Clint will have to pick and choose what duties he will work on. You can only load someone down so much before the focus decreases, Paul said. It simply isn’t the most efficient thing to do until the Section 10 is issued; it’s a risky move to change key contact people. Clint said that he hasn’t been involved in this at all, but he could get up to speed on it if given enough time. One of the differences is that this is a funded mandate, but there needs to be some logic to the transition as opposed to just dumping it. Ken has mentioned that a special consultant will have to be hired on down the line. Tommy feels that Clint already has the special requirements for this. Tommy advised that this contract isn’t like last year’s contract; there is an additional fee for Ken’s wife, Joanne, and this contract has the potential to cost $60,000. Wade Poulsen commented that if a change is made now the county will lose a great deal of time. The reason this process has taken so long is due to other entities changing people. Every time someone is changed it adds another 6 months to 1 year. Once the Section 10 is in place personnel can be changed. Momentum will be lost if Ken is removed from this project. Tommy advised that projects have been removed from Clint’s plate already based on the economy and hiring of Mr. Hardy. Tommy calls for the question; the majority votes in favor of voting on the main motion on the floor. Bill and Tommy vote in favor. Ronda, Ed and Paul are opposed. Motion fails. Ronda made a motion to approve the renewal of the contract for Ken Dixon as presented; seconded by Paul. Dawne Combs questioned who else will be paid to do this. How many people will have to be paid and hired to complete this project? Regardless of whoever ends up administering the project it will not remove the responsibility to hire specialists to work in the field. Ken advised that he doesn’t want to administer this; someone else will have to be hired. Ken will help getting this completed, but this HCP needs to have its own administrator. Whoever becomes the administrator should have full knowledge of everything that’s going on and should have the background qualifications required. Paul discussed some of the items under the scope of work, particularly D, E and F. Working with Clint and the Planning Department will be based on an as needed basis. Paul asked if the county
is at a point where these responsibilities can be shifted to various departments, including Rick Stever (LC Fire Department Chief/LC Emergency Manager). Mesquite has said that, with the economy the way it is now, they are not even willing to consider interlocal agreements. Phyllis stated that she would like to see two separate contracts, one for the HCP and one for all of the other projects/responsibilities. The Board agreed. Paul asked if hours are limited or outlined in here. Ken doesn’t anticipate it will average less than 20 hours per week and sometimes could be 40 hours per week. In other contracts that the county has, each task is assigned a dollar amount to prevent it from being open ended. There is no cap in Ken’s contract. Ronda rescinded her motion; Paul rescinded his second. Ronda made a motion to have Ken bring the Board two separate contracts for consideration at the next Commission meeting, one for the HCP and one for Ken’s other work; seconded by Paul. Tommy reminded the Board members of the need for Ken’s contracts to meet the format previously approved that applies to contractors and for Ken to have the contracts approved by the DA’s office. Tommy abstains. Motion carries.
Connie Simkins presented this item. The funding for the Yucca Mountain project for next year is still working its way through Congress. Congress will have a conference committee to work out budget numbers; until this is worked out it is unknown what level of funding the program will have. If no money is coming, the Board will have to decide whether or not to eliminate contracts or let them run their course. If no funding is received, the program has enough funding to run for 14 months. Connie has been working with DOE to get more computers for the schools and Building Department. Connie has investigated biomass, and she will present her findings to the Board at a future meeting. Ronda advised that she supports the biomass. Marge Detraz cited that she called the courthouse last Wednesday and asked to be on the agenda; it was already printed. Marge stated they are trying to license YM. How much sense does it make when Governor Guinn hired so many attorneys to prevent licensing? Marge cited that the county has hired attorneys to get YM licensed and that means the county is working against the state of NV. Marge referred to the Central NV Community Protection Working Group and secret meetings as discussed in an article from the Las Vegas Sun dated May 4, 2004; she presented a newspaper article to the Board and said that all of the Board members, with the exception of Hal Keaton, attended these secret meetings, including one held in LC. Ronda responded that she never attended one of these CNCPWG meetings here. Marge stated that there was a secret meeting right here in the courthouse. Paul cited that the Board isn’t against Marge; they sit here all day long making decisions based on pertinent information and timely issues. Marge continues to bring things to the Board that are several years old or tells the Board things that aren’t completely true. Marge questioned why the Board hired Barry Neuman. Paul advised that the projects that the Board works on are to protect the county. The county doesn’t build railroads or license YM. Marge said that Catherine Cortez-Mastos doesn’t work with Bret Whipple. Ronda reminded Marge that, back when the Board hire Bret Whipple, Marge was in completely in favor of hiring Bret. Marge presented an article about Obama cutting funding for YM. Marge will take her evidence to Catherine Cortez-Mastos, and advised the Board members that they won’t be happy with her report. Marge reviewed radiation basics. Marge’s husband, Roscoe, died from Parkinson’s due to the radiation and working at the test site. Ronda stated that it’s amazing how many people she knows that worked at the test site for many years that aren’t ill at all. Marge reported that her sister Peggy is dying of leukemia and now weighs 98 pounds. Marge lost eight members of her family to cancer. There is some discussion about the need for Marge to bring current information to the Board. Paul advised that he reads the newspaper articles; they are emailed to him every night. Marge reminded the Board that they will not like what Catherine Cortez-Mastos has to say about this.
Planning Director Clint Wertz presented these items.
c) Capital Improvement program update—Clark M. “Rick” Hardy presented the completed CIP for years 2010-2014. Once approved, the CIP projects will be sent to the Department of Taxation. Rick recommended the following: ask legal counsel to review agreements, policy and practice in relation to any capital project related entities which may be receiving income on a regular basis; ask legal counsel to review agreements, policy and practices with major users of public facilities such as parks and rodeo grounds and develop agreements if they are not already in place; assign a staff person to collect and file all agreements and policies related to capital improvements sites; assign a staff person to review the insurance, status of capital improvements (Is every appropriate property insured? Are we insuring property that belongs to a GID or other entity rather than the county?); consider options to diversify and stabilize the funding sources for capital improvements by adding small renewing funding options to the budget. Tommy made a motion to approve; seconded by Ed. All voted in favor.
a) Update—No update given.
Grants Administrator, Phyllis Robistow, presented these items.
a) Update—Anything Phyllis receives from NACO will be turned over to Denice. Denice and Phyllis are attending a one day workshop in Ely next Monday. A grant for $9,800 for Victim Witness Service was approved. USDA may be giving the county a refrigerator and freezer for the Social Services food bank. Phyllis will be putting SNPLMA on the agenda for 7-20 to discuss future applications. Jeff Wilbank has advised that Echo Park and Rachel Park have been approved. SAR funding has been received for four projects. Funding for these projects will most likely be received in August. Phyllis has obtained the Cross Fire Politics video from George Knapp of Channel 8 regarding the water grab in LC.
b) Appointment of an engineering firm for the Alamo and Lincoln County Airports—Armstrong Consultants is the only bid received. Armstrong only gets paid when a grant is received and it’s a portion of the grant. Ed made a motion to reappoint Armstrong as the county airport engineer; seconded by Ronda. All voted in favor.
#24-NEVADA RURAL HOUSING AUTHORITY
This item is tabled to 7-20.
#26-BUILDING DEPARTMENT ITEMS
Building Department Director Cory Lytle presented these items.
a) Update—Cory discussed the Quonset hut in Rachel and the stick pins. It will cost a couple hundred dollars to fix the problem. There have been concerns about the special events policy. Cory will email everyone a copy of the proposed policy. Labor Day Committee is extremely concerned about this as are some other entities holding special events. Cory will put the special events policy on the 7-20 agenda for discussion. Pad work for the fair building has been started. Cory will meet with Mick tomorrow morning to discuss rerouting of power lines. The bidders are well aware of the time constraints.
b) Contract with Pearson Brothers Construction to repair the Alamo Annex roof—The cost is $9,500 and this is a priority; it will be paid from buildings and grounds. The roof has been leaking. Pearsons are offering a labor and materials guarantee. Tommy made a motion to approve; seconded by Ed. All voted in favor.
c) Rental agreement with the Pioche Chamber of Commerce for the Thompson Opera House (TOH)—Feedback from Chamber Members hasn’t been received yet. The Board agreed that the Cory can sign off on event usage as requested by interested parties.
d) Lincoln County Land located in Panaca south of the cemetery and north of the Lincoln County High School softball field—The land is basically being used as a landfill; this situation needs to be rectified. Steve Chouquer of the Road Department is willing to take a Cat in there and blade it out so the elevation is consistent. Resolution for the problem includes fencing the area off and erecting signs. The only issue with fencing this area is the road close to the houses. Cory responded that the area can be fenced and the easement can be left open. It will take one mile of fence. Paul is concerned about the ATV traffic, but if the easement is left open it can be used. Cory will work with Steve to take care of this (signs, graded and fenced). Signs will be erected prior to fencing. Cory will also notify Sheriff Kerry Lee.
e) Approve/Deny Business license applications received to date and Approve/Deny exempt business license applications received to date—This item includes discussion as to whether or not the business licenses will be approved via the consent agenda. Recorder/Auditor Leslie Boucher is going to create a separate fund. Treasurer’s office has been holding the checks for these and is waiting for Board approval. There are approximately 30 applications; it’s been advertised for three weeks and posted in each town. Cory asked how the Board wants to approve the applications. Paul suggested that Cory put these on the consent agenda and if there are any with issues they will be handled separately. Ronda made a motion to put approval of business license applications on the consent agenda, under staff recommendation (those with issues will be addressed separately); seconded by Tommy. All voted in favor. Ronda made a motion to approve the business license applications (30) received to date by Building Department; seconded by Tommy. All voted in favor. Business license exemptions are discussed. One application for exemption has been received, Roll Inn RV-Storage, Terry Jones. 5% of gross is taken and Terry is grandfathered in. Terry also competes against a free RV park. Tommy made a motion to deny the application for exemption for Roll Inn RV-Storage as this is a for-profit business; seconded by Ronda. All voted in favor.
Ronda advised that she was not at a Central NV Community Protection Working Group meeting in 2004. Spencer and Tommy were on the JCCIAC at the time; Ronda was not. Ronda had no involvement with CNCPWG.
There being no further business for the Board to attend to, Ronda made a motion to adjourn the meeting at 5:03; seconded by Ed. All voted in favor.