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July 20, 2009


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 7-14-09 to comply with the open meeting law. The Invocation is offered by Paul and Ronda led the Pledge of Allegiance. District Attorney Greg Barlow is present as well.


2* Approve/Deny minutes of the July 6, 2009 Commission meeting.

3* Approve/Deny contract with Armstrong Engineering for consultant work at the Lincoln County and Alamo Airports.

4* Approve/Deny wage increase to $7.55 (minimum wage) for part-time employees. Brandon Babcock, Jeremy Avery, Alyssa Huska, Shelby Taylor, Dantley Walker, Louis Benezet, Jane Humphrey, James Kelly, Barbara Zelch, Barbara Bartholomew, Ken Adams, Talai Barton, Jeannine Canning, Harold Kloss, Helen Lundgren, Dottie Runyen, Wendy Helmke, Bette Claiborne, and Alysha Lundgren.

5* Approve/Deny Division for Aging Services Grant for Congregate Meals from the Stimulus Package in the sum of $10,541.00.

6* Approve/Deny Division for Aging Services Grant for Home Delivered Meals from the Stimulus Package in the sum of $5,503.00

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


Recorder/Auditor Leslie Boucher presented the vouchers. There are thank you letters for next year’s NACO Conference. Ronda 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 $438,652.77 with estimated expenditures being $141,849.13. This leaves General County with a balance of $296,803.64. Transportation has a cash balance of $23,781.71 with estimated expenditures being $3,147.46. This will leave Transportation with a balance of $20,634.25. Nutrition has a cash balance of $10,565.62 with estimated expenditures being $9,963.89. This leaves Nutrition with a balance of $601.73. Detention Center has
a cash balance of $314,245.20 with estimated expenditures being $73,146.15. Detention Center will have a balance of $241,099.05. Solid Waste has a balance of $39,120.15 with estimated expenditures being $5,175. This leaves Solid Waste with a balance of $34,380.15. A four wheeler ran in front of the nutrition truck and ran it off the road. The nutrition truck is now out of commission. The county will have to pay a $500 deductible to get the truck repaired. Leslie advised that tax will be apportioned at the end of August.


This item is handled under separate agenda.


Blair Hiatt presented the tax savings employee benefits. Blair represents Liberty National, who specializes in work site programs. This is low cost term life insurance that can be offered through the county. The benefit premium never changes unless the individual wants to decrease or increase it. This program is completely voluntary and falls under Section 125; it’s also portable even if the individual no longer works for the county.

#11-RESOLUTION #2009-29

Dave Byerman presented the resolution and discussed the process of the Census. Tommy made a motion to approve the resolution supporting Nevada’s Census 2010 campaign; seconded by Ed. All voted in favor.


This item concerns the awarding of a contract to construct a steel building and accessory structure at the Lincoln County Fair and Rodeo Grounds in Panaca. Cory Lytle presented the bids, which came in much higher than the allocated funds. Bids received are: Pearson & Sons, Pearson Brothers, and Jim Wilkin Trucking. The bids have been “chopped”. Cory advised there are discrepancies in the way that these companies bid. Cory reviewed the possibility of going to rebid or awarding the bid based on line item totals. Once the bid has been
awarded certain costs can be renegotiated with the contractor. There simply isn’t enough money to finish the building and make is usable unless certain portions of the project are eliminated.

Tommy leaves the room at this time.

Elimination would include items 5, 6, and 7. Bid documents didn’t include provision of items that work items are subject to being reduced. Greg suggested that this has to be rebid; the Board agreed. Bill suggested that the Room Tax Board might be willing to kick in some extra funds. Ronda made a motion to rebid; seconded by Ed. All voted in favor (with the exception of Tommy).


This item concerns the awarding of a contract for the placement of asphalt at emergency buildings in Lincoln County. Rick Stever presented. Two bids were received, both of which were well over the awarded grant amount. Low bid was $149,000 and next bid was $168,000. Rick prioritized projects. Panaca project and sealing will be eliminated. Pioche Fire District will have to cut approximately $6,800 from their project. PFD will have to decide where they want to make the cuts. Pioche Fire District and Alamo Ambulance Barn will be done.
Pearson Brothers and AT Asphalt are the two bidders. Ronda made a motion to award the bid to Pearson Brothers, in an amount not to exceed $103,815; seconded by Ed. All voted in favor (with the exception of Tommy).


This item is handled under separate agenda.


This item is covered under separate agenda.


Yvonne Gresnick and Lt. Col. David (call sign “Ogre”) Rawlins presented a power point concerning recent exercises with regards to urban/close air support operations.


Jason Bleak presented a request for assistance in purchasing state property, including Caliente Youth Center land, for the future growth of Grover C. Dils Medical Center. There are currently 16 long term beds, 4 acute beds and 3 beds for emergency services. Every year our elderly are sent away to other cities; Jason finds this bothersome. Moves towards taking care of our residents and keeping them here need to be made. Jason and Steve Rowe began working on purchasing the CYC property that is immediately south of the hospital, 3.16 acres of land. $148,000 is the appraised amount for the 3.16 acres and the house that’s located on it. The house is in fair condition but needs a new roof and some repairs inside. Last month, GCDMC board agreed to pursue the purchase of this property. A new building will be erected on this land to take care of our residents. Jason is requesting assistance in the purchase of the property. Strategies are in place at this time for the building of the new hospital/rest home. Ronda commented that she doesn’t believe the county can purchase
land for GCDMC; it might have to be done through an intergovernmental loan. Paul said that anything the county does will be long term; we just started a new budget cycle and it could be until the next cycle before funding can be identified. Short term, it isn’t possible to identify money; long term, this project could be identified under the capital improvement plan. Paul estimates this will be a 12-18 month process. The purchase agreement is valid through December of this year. Phyllis believes that CDBG would like to help out with this, but funds wouldn’t be available until next July. Ronda reminded everyone that there is still a $400,000 loan for the Alamo Industrial Park that the county has to pay for. Last time the Board decided to spend a large amount of money they chose to get a loan instead of changing the ordinance to release funds. The Board suggested that Jason ask the state for an extension. Paul suggested, if there is more time, it might be possible to get funding through the nuclear oversight project. Jason will keep the Board updated on his endeavors. No action is taken.


EM Manager Rick Stever presented this item.

a) Update—Rick put in a notice of intent for a flood plain analysis grant. A letter has been received from Division of Water Resources, who feel this is a viable project and they support it. DWR has asked Rick to submit. Rick will work with Clint Wertz on this, and it is believed the Flood Control Board should be turned over to the Planning Commission. The Board agreed that this is a good project. A Hazard Mitigation Cost Benefit workshop will be held in Carson City in August and it’s recommended that EM personnel attend this meeting. Rick is considering attending the workshop. Rick discussed attendance at an interoperable communications meeting in Phoenix, AZ, which is presented by National Association of Counties (NACO); it requires at least one elected official to attend. Rick has been approached about a communication tower and building/equipment that would be located at the southern end of LC.


a) Resolution providing for the transfer of the county’s 2009 private activity bond cap to the NV Rural Housing Authority—Ronda made a motion to approve; seconded by Ed. All voted in favor (with the exception of Tommy).

b) Memorandum of Understanding (MOU) between Lincoln County and NV Rural Housing Authority—Ronda made a motion to approve; seconded by Ed. All voted in favor (with the exception of Tommy).

Lunch 12:00-1:00

Tommy has returned to the meeting.


Paul Yamamoto and Debbie Leonard (via telephone) are present to discuss the first amendment to the second novation of franchise agreement for exclusive collection of solid waste. Greg reviewed the changes. Norcal has agreed to accept the 3% increase for the year ending September 30, 2009. Annual rate will be 6%, or more, at the discretion of the Commission. Should the county protest the proposed rate increase we would go to binding arbitration. Interest rate on unpaid account, deferment account, will be at prime as opposed to the earlier proposed 6%. With prime, this account has the ability to change from year to year. The county is agreeing to extend the agreement to October 15, 2014. At that time the accumulated monies will be “wiped out” and the county will have no further obligation to pay those. Greg feels this amendment aids the county. Tommy made a motion to approve the Norcal amendment; seconded by Ed. All voted in favor.


Ken Dixon presented his contract and scope of work to focus on various county tasks. Ken has included the $2,000 professional insurance liability in his fee. Clint Wertz advised that he doesn’t feel this contract is necessary. Cory Lytle advised that Ken is needed on a “per project” basis to do fire marshal inspections, commercial inspections. Paul suggested that the scope of work (service) be approved with Items A, B and F included. Item C is deleted. Items D (Coordinate with, and assist, the Sheriff’s Office, Emergency Manager and Lincoln County Fire District with negotiations for interlocal agreements with the City of Mesquite for emergency services, fire and police for the LCLA area) and E (continue Lincoln County’s coordination or the Joint Task Force with the City of Mesquite and Lincoln County for the LCLA) will be assigned to the Planning Department. Bill commented that he doesn’t believe Cory needs help from Ken. Cory responded that his need is limited to commercial fire inspections. Ronda made a motion to accept the professional service agreement with Ken Dixon and approve Scope of Work items A, B, and F in order to let Ken finish the job he started; seconded by Ed. Ed said that he is willing to second the motion but agreed with Tommy that the county needs to begin transferring responsibilities to the Planning Department. Ken will assist the Building Department and finish the Environmental Assessment for the Toquop Power Corridor. Tommy advised that Ken’s contract still doesn’t delineate the hours that the office will be open and when he’ll be working. Tommy cited that the Board has a contract that is good until 9-7 that neither part can break without 30 day notice; today’s contract becomes effective today and runs through July 19, 2010. This is standard. Paul, Ronda and Ed vote in favor. Bill and Tommy are opposed. Motion carries 3-2.


Ken Dixon presented his proposed contract with the county for continued work on the LC Habitat Conservation Plan. Ken feels that the road, fence and trail plan can be developed without the help of a consultant. Tommy asked if the road, fence and trail plan is a planning item. Clint requested a chance to review the plan. Ronda made a motion to approve the HCP contract for Ken Dixon; seconded by Paul. Tommy questioned the office hours; the contract doesn’t state when Ken will be working and it’s left very open ended. Ronda advised that Ken spends a great deal of time going over things and there is really no set amount of hours. Bill questioned the amount that will be paid for a typist; where in the world does a typist make $22.00 per hour? Ronda responded that the county will go nowhere without the HCP in place. Tommy advised that some of this money being spent on this contract could be used in other areas to prevent layoffs, layoffs that are surely going to occur. Ronda, Paul and Ed vote in favor. Bill and Tommy are opposed. Motion carries 3-2.


This item concerns an interlocal contract between the State of Nevada and Lincoln County for the Highland Peak radio rack space, with a total cost of $3,665.98 for one year and $3,857.48 for two years. Sheriff Kerry Lee reviewed the contract. The first year is already included in Kerry’s budget. Ronda made a motion to approve the contract; seconded by Tommy. All voted in favor.


Sheriff Kerry Lee presented a request to purchase a Ford Crown Victoria to be used in local transports and extraditions that must be done throughout the state of NV. Purchase of this car wasn’t included in the budget and would have to be augmented from the Detention Center Enterprise Fund. Total cost, including upfitting, is $30,000. The vans are very expensive to run and the jail does many transports that result from warrants. Local transports include dentist and doctor. Kerry has looked at both new and used cars. There are very few low
mileage used cars. Because they’ve carried more inmates than anticipated there is extra money in this fund. Tommy made a motion to approve the purchase of a vehicle for the Sheriff’s Office (to be funded by the Detention Center Enterprise Fund); seconded by Ed. All voted in favor.


Connie Simkins presented this item and discussed a feasibility study with regards to wood biomass projects. Biomass is nothing more than thinning the trees that LC has. BLM has identified 5 million acres of Pinyon Juniper, of which 2.7 million require treatment. This would cut up to half of the trees. The trees can be used for many things, including use of the trees chips to fire an electric generation plant. This is a renewable, responsible and sustainable project. The cost to generate this type of power is higher than what is purchased now. BLM will let us use some of the fire fighting money to fund this type of project. If we cut some of the trees it will free up some of the BLM money to pay for the power. There is a proposal for a green house as well, this would generate its own power, cooling and heating. Pellets for wood stoves, plywood and any number of things can be made from this material. This project will help generate more water. Connie would like the opportunity to encourage BLM to pursue this project. When asked if Connie has enough time to dedicate to this she responded by saying she has the time to work on this project and is very interested in doing so. Ronda made a motion to authorize Connie to pursue biomass projects through the Nuclear Oversight Program; seconded by Tommy. All voted in favor.


Grants Administrator Phyllis Robistow presented this item.

a) Update—Tommy asked if the driver for Transportation/Nutrition who wrecked the county vehicle was tested for drugs/alcohol and asked what the policy is for that. Yes, Hollin Osborn was tested after the accident. June unemployment rates include LC at 9.1; NV is the highest it’s ever been at 12.3. Traditionally LC doesn’t have as much unemployment as the rest of the state. Everything done with Stimulus money will require use of Davis Bacon rates. HUD is having training on Davis Bacon on August 19-20 in Reno; the Board agreed that Cory should attend with Phyllis. Southern NV Mortuary is holding cremated remains of individuals who are the responsibility of the county; this will be on the August 3 agenda for the Board’s decision. Phyllis presented the rules and regulations for the Stimulus funds.

b) Community Development Block Grant (CDBG) required certification letter for new grants—Ed made a motion to approve Phyllis and Denice as authorized signatories on CDBG grants; seconded by Bill. All voted in favor.

c) Community Development Block Grant (CDBG) to purchase materials for the Alamo wastewater treatment facility upgrade—We were awarded the grant and so far one budget amendment was made to allow for the purchase of materials. Alamo Wastewater received a forgivable loan. $180,000 will be received. Ed made a motion to approve; seconded by Ronda. All voted in favor.

d) Community Development Block Grant (CDBG) for providing specialized training and technical assistance to small businesses — $70,500 was awarded to the county, with no match. CDBG considers these to be public involvement issues, Phyllis advised. Ronda made a motion to approve; seconded by Tommy. All voted in favor.

e) Community Development Block Grant (CDBG) for the community assessments and NxLevel training program in rural areas of NV—If the University of NV representatives come into the county we will have to come up with monies to cover the needs assessment match, which can be cash or in-kind. Denice and Phyllis attended training on this last Monday. Phyllis has budgeted an amount of $10,000. The needs assessment is required by CDBG and several other granting agencies as well as Economic Development on the federal level. $69,500 is the amount awarded. Ronda made a motion to approve; seconded by Tommy. All voted in favor.

f) Policy for Food Bank—This is a policy to qualify people to draw food from the Food Bank. There must be a monthly inventory and a list of food received and food supplies distributed must be kept, including quantities and the name of the person receiving them. Phyllis advised that this creates confidentiality issues. Tommy suggested that a client number be used. Documentation for indigents’ supplies must be kept as well. These requirements are to ensure that employees aren’t taking items home. Phyllis will list everyone by number. There also must be a division in the Food Bank between what Senior Nutrition and Food Bank receive. Senior Nutrition food will be stored in Caliente; Food Bank items will be stored in Panaca. Items will be offloaded at two separate places. Tommy made a motion to approve the policy with the aforementioned changes; seconded by Ed. All voted in favor.

g) Potential applications to Southern NV Public Lands Management Act (SNPLMA) for funding—Phyllis was unaware of any land sales and what will happen. August is usually when last year’s winners are announced and a new round is opened up. One of the items that will be applied for is Pioche Lower Park (pool, slope and other issues in the lower portion of the park). A master plan is in place for the park. Caliente discovered that the building at the pool in Super Park won’t work any more; they will apply for a grant for this. Ronda cautioned pursuit of projects without considering maintenance. Cory Lytle suggested that a push needs to be made to improve the entire property of the Panaca Fair and Rodeo Grounds. There is a master plan for the entire fair grounds. Phyllis doesn’t recommend another phase on the rodeo grounds until the current request is awarded. Fair and Rec has been asked for $1,500 for maintenance on the Alamo parks.


Building Department Director Cory Lytle presented these items.

a) Update—Dirt work for the fair building is being done now. Chamber of Commerce wants a letter of agreement as opposed to a lease. There are some concerns about the end of the tourist season, and it could be the end of next spring before Chamber is in there. They are pushing for events to be held in the Thompson during Labor Day. Cory has requested a proposal from Bobby Tannehill to replace the air conditioners in the Clerk’s and Assessor’s office. Cory will look into repairs to the Commission chambers A/C. Cory advised that he will be moving the unit in the Clerk’s office as well as replacing both the Clerk’s and Assessor’s units. Payment for this will have to come out of capital improvement. Cory has been working on weeds around the Panaca Airport and Panaca Senior Center. Cory will be working on a list of areas that need to be addressed seasonally for weeds. Repairs to the roof and bathroom of the Library will cost about $7,000. Cory would like to pursue funding to finish a complete refurbishment of the facility. The maintenance on this building has been neglected. Cory is working on the business license applications.

b) Proposed Special Events Policy—This item will be on the next agenda for review/approval.

c) Alamo Annex meeting room contract with Pearson Brothers Construction—Part of this contract entails fixing the carpet and ceiling panels that were damaged by the leaking roof. The total is $18,800 and it will be paid from the Pahranagat Valley Justice Court administrative fees. Tommy made a motion to approve the contract with Pearson Brothers, in the amount of $18,800; seconded by Ed. All voted in favor.


Planning Director Clint Wertz presented this item.

a) Update—The new mapping server for 911 is up and running. New street names, new addresses and anything related to emergency services is on there. Currently, this service is only available for view through the county network. Clint will be working on an outbound line for public access. A separate server will have to be purchased. Once this is up and running a broader service will be available to the general public. Clint’s main focus to this point was to get dispatch up and running. Many of the streets do not have signs. Clint will work with Steve on pricing machines to create sign making equipment. Clint’s estimate is $10,000 to set up a sign making shop. Once a cost is known, Ronda will present a request to RTC for funding to get this up and running. The towns will have to take some responsibility to get the signs up as opposed to dumping it in the Road Department’s lap. Clint updated his work plan, which includes 36 items. Clint has been working with Connie on shared projects with Nuclear Waste. The next meeting on the Public Lands Plan is August 4th.


COMMISSIONER PAUL MATHEWS advised that a letter was received from Seismic concerning NACO. There is also a letter from Community Foundation of Western NV thanking the county for the donation of $2,000 for the NACO conference. Paul cited that they continue to work on employee contract negotiations and they are really close to a deal. COMMISSIONER BILL LLOYD reported that he attended the LC Water District tours through the county as well. COMMISSIONER TOMMY ROWE attended a tour with the LC Water District last week; Bill
went, too.


This item is off.


Marge Detraz presented articles from the Las Vegas Review Journal: March 6, 2009, entitled “Yucca: Nuclear waste now is stored at 104 reactor sites in 39 states”, February 28, 2009 entitled “Yucca application filed on Inauguration Day”, and February 24, 2009, entitled “Lawmakers ponder Yucca Mountain costs”. Marge discussed the meeting two weeks ago when Ronda asked Marge is she was calling her a liar. The Central NV Community Protection Working Group is working very well, Marge said, and accused the Board members of
being involved. Tommy commented that this isn’t true; the organization isn’t continued and it’s been several years since they’ve had meetings. Marge cited that this group was started by Mayor Phillips. Marge advised that several current and former LC Commissioners have worked to get Yucca Mountain licensed; the only two that always said “no” were Alan Chamberlain and Hal Keaton. The CNCPWG was formed several years ago and Marge questioned the need for the meetings. Marge advised that this group was formed with Nye, Caliente, and LC and the purpose was to get Yucca Mountain licensed. Governor Kenny Guinn hired the firm of Egan, Fitzpatrick and Mulch to ensure that YM would be licensed. LC hired Carter, Ledyard and Milburn, Bret Whipple and Barry Neuman to get YM licensed; both sides can’t win, Marge commented. The soil in NV is so sandy it wouldn’t be possible to build a railroad from YM to Caliente. Marge will take her evidence to Catherine Cortez-Mastos, who is brilliant. Marge questioned how many years Robison/Seidler has been double dipping. Marge
believes it’s been at least twenty years. Marge stated that Ronda attended the first meeting that Ward Sproat came. Marge asked if the Board members realize that they live in NV and yet they are trying to sell the county down the river. Marge cited that the Board members should be ashamed of themselves. Paul cited the Open Meeting Law, which states that any comments that are false and libelous don’t have to be heard in open meeting. Paul advised Marge that, in the future as she makes public comment, her comments must be relevant
and germane to the county.


There being no further business for the Board to attend to, Paul adjourned the meeting at 3:31.































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