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December 7, 2009


Commission Chambers
Lincoln County Courthouse
181 Main Street
Pioche, NV 89043



Paul Mathews, Chair
Bill Lloyd, Vice Chair
Tommy Rowe
Ronda Hornbeck
Ed Higbee



Chairman Paul Mathews called the meeting to order at 9:00. Clerk Lisa Lloyd called the roll.




Tommy Rowe
Ronda Hornbeck
Paul Mathews, Chair
Ed Higbee
Bill Lloyd, Vice Chair

Lisa Lloyd, Clerk

Greg Barlow, District Attorney


There is a quorum present and the agenda was posted on 12-01-09 to comply with the open meeting law. The Invocation is offered by Ronda and Ed led the Pledge of Allegiance.


2* Approve/Deny minutes of the November 12, November 16, and November 25, 2009 Commission meetings.

3* Approve/Deny Special Assessment for Pahranagat Lake and its tributaries in the amount of $12,692.08.

4* Approve/Deny Special Assessment for Ash Springs Irrigation Company in the amount of $20,844.40.

5* Approve/Deny Special Assessment for the Coyote Springs Valley Groundwater Basin in the amount of $3,750.00.

6* Approve/Deny Special Assessment on all taxable property situated within the confines of the Lake Valley Groundwater Basin for the Fiscal Year July 1, 2010 to June 30, 2011 in the amount of $9,977.49.

7* Approve/Deny Panaca Town Board hiring of Shelley Hunt as Street/Town Hall Maintenance as a replacement for the vacated position.

8* Approve/Deny Contract extension for Resource Concepts, Inc. for the Lincoln County Open Space project.

9* Approve/Deny Change Order #3 in the amount of $44,280.68 for the Pioche Sewer Project

10* Approve/Deny Change Order #4 in the amount of a minus ($1,136.00) for the Pioche Sewer project funded by USDA.

11* Approve/Deny Change Order #5 in the amount of $5,100.00 for the Pioche Sewer Project funded by USDA.

12* Approve/Deny Change Order #6 in the amount of a minus ($4,858.95) for the Pioche Sewer Project funded by USDA.

13* Approve/Deny Change Order #7 in the amount of a minus ($41,877.00) for the Pioche Sewer Project funded by USDA.

14* Approve/Deny Change Order #1 for the Lincoln County Fair and Rodeo Building in the sum of $2,850.00.

15* Approve/Deny Business Licenses with staff recommendations (an itemized list of business licenses is available for public review in the Building Department prior to the meeting).

Tommy made a motion to remove Items 3, 4, 5, and 6 (these will be addressed at the next Commission meeting as the Assessor is awaiting further information); seconded by Ronda. All voted in favor. Ronda made a motion to approve the consent agenda items 2, 7, 8, 14, 15; seconded by Ed. All voted in favor.


Recorder/Auditor Leslie Boucher presented the vouchers and a cash balance report. General County has a balance of $800,965.82 with estimated expenditures being $172,928.24. This leaves General County with a balance of $628,037.58. Transportation has a cash balance of $5,015.09 with estimated expenditures being $3,357.44. This will leave Transportation with a balance of $2,192.65. Nutrition has a cash balance of $25,069.51 with estimated expenditures being $11,011.38. This leaves Nutrition with a balance of $15,646.78. Detention Center has a cash balance of $116,420.14 with estimated expenditures being $94,424.95. Detention Center will have a balance of $207,005.19. Solid Waste has a balance of $50,959.15 with estimated expenditures being $17,767.50. Airport has a cash balance of $29.54 with estimated expenditures being $167.06. Receipts not posted include 525.00, which will leave Airport with a balance of $387.48. Ed has spoken with Rosie and Victoria of BLM. Ed has been instructed to contact Ty Mizer concerning the rent monies; he continues to work on this. Ed made a motion to approve the vouchers as presented; seconded by Bill. All voted in favor.

Phyllis Robistow presented this item. $1,508.73 is the total. Tommy made a motion to approve Change Orders #3, 4, 5, 6, and 7 for the Pioche Sewer Project funded by USDA (as listed under Items 9-13);seconded by Ed. All voted in favor.

This item is handled under a separate agenda.

This item has been removed from the agenda.

This item has been removed from the agenda.

Phyllis Robistow presented the amendment to the contract between Pioche Public Utilities and Leslie &Associates for the sewer project. The total of the extra work is $54,432.00. USDA hasn’t approved this and won’t look at it until it’s approved by the Board. There is some money left in the grant as well as contingency funds at USDA to pay this. The town board will have to come up with approximately an additional $25,000. This is predicated upon USDA’s approval of the work; Leslie & Associates is aware of this. Ronda made a motion to approve the contract amendment between PPU and Leslie & Associates and to forward the amendment to USDA in the amount of $53,432.00; seconded by Bill. All voted in favor.

Connie Simkins offered a brief update concerning the possible withdrawal of the license application. If the license application is withdrawn the law will have to be changed. The companies that produce power through nuclear power have advised they will sue the government. A uranium mine is being opened in Utah.

Rick Stever, Emergency Management Coordinator, presented this item. The local LEPC committee will have an exercise on 12-10 at 10:00 a.m. in Caliente. Rick received an email from the local petroleum distributor concerning the motion to limit where LC can get fuel. If this proposal goes into effect the distributor won’t be able to come this far south. This stems from the State Board of Agriculture and the reasoning behind this is unknown. Rick attended a Hazard Mitigation Plan Update meeting. LC is currently ranked 2nd to receive grant funding for the update. Rick discussed the AEDs and presented a list of 23-24 of the machines that have been given out; originally there were 35 machines. AED batteries, through state purchasing, are $245 each. Adult pads are $35 each and there is a life on the pads. The Sheriff has established training for CPR and AED; several employees have been certified as instructors. The county doesn’t have the funds to replace the batteries and pads for all 35 units. Ronda suggested Rick review the AED placement needs and identify solely those places where the AEDs are critical. Ken Dixon commented the most critical places for AED location are the fire departments and the Sheriff’s Department. Each fire department and patrol car should have one. Phyllis commented the swimming pool has to have one for insurance purposes. Six batteries/pads will be needed for the fire departments and 14 are needed for the patrol cars and the jail. Phyllis advised the SO has 11 assigned to them. This is an approximate cost of $5,600 total for replacement adult pads/batteries. Sheriff Kerry Lee advised all AEDs have been removed from the patrol cars as they are not functioning. Rick is going to attend the Homeland Security training December 14-17 in Las Vegas.

a) Information and cost of purchasing a vehicle—Rick presented a written estimate to the Board. Auto Leasing Specialist is a company that is fully equipped. The county would lease a “full package” vehicle that includes decals, lights, etc. Total cost is $41,600 for a fully outfitted vehicle. $20-21,000 exists from the DOE grant (no match), $4,000 from a FEMA grant (match required). Phyllis commented a lease isn’t possible as the money has to be used this year; it willhave to be an outright purchase. Ronda struggles with the idea of paying $41,000 for a vehicle when there is only $25,000. Rick looked at a 2008 used response vehicle, but it cost $60,000. Bill leaves the meeting at 10:53. There is some discussion about using the existing grant monies towards the purchase of the vehicle and thenconsidering addressing the remaining amount in next year’s budget. Phyllis responded that she can’t guarantee a grant will be received to pay the remaining amount. Ronda suggested there are other vehicles out there that will fill the bill and be affordable. There is some discussion about the planned usage of the vehicle. Ronda leaves the meeting at 10:55 a.m. Paul asked if this vehicle suits the needs for the county and will it suit the needs long term. Paul believes there are other grant sources and other things that can be done next year to pay off this vehicle next year. Phyllis discussed the $25,000. There is continued to discussion about the vehicle, scale back or purchase this one. One option is that a vehicle can be purchased this year and funds can be budgeted for upfitting next year. Sheriff Kerry Lee commented that the county can put anything they want for the financing. The matching funds will have to be added in with the initial first year payment; the total first year payment would be $4,000. There is money in both Emergency Management and LC Fire to pay the matching funds. Tommy asked if this is being done prematurely and shouldn’t we wait until we get into budget sessions. Paul feels that waiting will put the county in a better position to address this. Tommy feels this should be put off until the budget process is started and actual numbers are known. Tommy made a motion to put this issue off until it can be addressed during budget sessions; seconded by Ed. All voted in favor.

SHERIFF Kerry Lee advised the K9 grant was used and deposited into the account. The next payment will be made for the two vehicles purchased through the grant in the amount of $48,503. Kerry advised the academy for the dogs has to be paid prior to picking the dogs up. It was a five day turn around for reimbursement. IT has been moved into the new room. The showers at the Detention Center have to be addressed. The water is still going through the brick. Kerry will present prices for tiling at the next Commission meeting. Two employees have been certified to instruct CPR.

Sheriff Kerry Lee was present. This item concerns a three year lease agreement for four Ford Expeditions for the Sheriff’s Office. The first payment is due upon signing. The total for the vehicles is $97,000; this doesn’t reflect interest or the three year lease. Kerry asked that authorization to sign the paperwork, when it comes in, be given to the Chair. Ed made a motion to allow Paul to sign the lease papers for the new Expeditions; seconded by Tommy. All voted in favor.

A letter of approval has been received from the Department of Taxation concerning the lease purchase of four Ford Expedition vehicles in the amount of $115,000. Paul read the letter into the record. Ed made a motion to accept and approve the letter from NV Department of Taxation; seconded by Tommy. All voted in favor.

#26-ORDINANCE #2009-10
Cory Lytle presented this item. This is an ordinance establishing licensing and permit fees and procedures for locksmiths, institutional locksmiths, and locksmith employees operating within Lincoln County and providing exemptions from such fees and procedures. Tommy made a motion to propose the ordinance governing locksmiths and licensing fees and to set the public hearing on 1-4-10 at 11:00 a.m.; seconded by Ed. All voted in favor.

Senior Nutrition is requesting permission to hire a current volunteer to work as a part-time employee. This individual will fill a vacant position for Meals on Wheels. Deputy DA Daniel Hooge advised there is no need to advertise this position. This position has been budgeted. Ed made a motion to approve the hiring of this individual as a part-time employee; seconded by Tommy. All voted in favor.

No action is taken on this item.

This item concerns a notice from the Air Force—“Notice of Proposal to Expand Hours Special Use Airspace”. The current Times of Use for these areas are published as “from 0500-2000 Monday-Saturday; other time by NOTAM”. Proposed change time is “Times of Use from 0700-0000 Monday-Friday, 0800-1700 Saturday; other times by NOTAM”. Requested changes are administrative in nature; there are no changes to the dimensions or legal descriptions of the MOAs. Ed made a motion to submit a letter of non-objection; seconded by Tommy. All voted in favor. Denice will write the letter.

Mr. Cockerill has been used during negotiations and he works on an as-needed basis; billable rate and there is no retainer fee. Rates have increased from $175/hr. to $200/hr. DA Greg Barlow addressed the changes in the agreement from last year. Tommy made a motion to approve; seconded by Ed. All voted in favor.

Phyllis Robistow presented these items. There are more stimulus funds available. Phyllis reminded the Board that LC has to buy American when stimulus money is used. There is a project conducted by the state to put solar panels on some buildings. The state has asked if the county will support the placement of solar panels on the Caliente Youth Center. LC is on the list to receive funds to place solar panels on the Detention Center. Phyllis will present on the two parks at SNPLMA on 1-12.

a) Invoice from Lincoln County Power District in the amount of $677.25 for the Bureau of Land Management (BLM) cost overruns on the Alamo transmission line environmental assessment—The funding source is to be determined. $897.25 has been paid to LCPD to date and this is an additional bill as BLM underestimated their portion of the study. Regional Development has already paid their $677.25. Tommy made a motion to pay the $677.25 out of Fund 86; seconded by Ed. All voted in favor.

b) Pioche Upper Park bid award—Five bids were received. $988,000 to $1.78 million is the range in bids. After review, Hardy Construction, who is the low bidder, from Las Vegas is recommended; all their contract items are in order. This bid will have to be awarded and then Phyllis and those involved will sit down to work on subtracting $150,000 worth of items. Any items subtracted will hopefully be covered under contingency funds. Tommy made a motion to approve the low bidder, Hardy Construction: seconded by Ed. All voted in favor.

Bill rejoins the meeting at 11: 47 a.m.

Clint Wertz, Planning Director, presented this item.

a) GIS services contract with Gnomon, Inc., of Carson City for continued GIS support, database development, web mapping services for a previously approved amount not to exceed $25,000—This fits in with the next phase of the GIS server. The next step will be to put the maps out to the public. Everything being done with baseline data is tied to this project. Tommy made a motion toapprove the contract with Gnomon for GIS support, database development, web mapping services in an amount not to exceed $25,000; seconded by Ed. All voted in favor.

b) Use of color printer located in Building Department—This item has been taken of the agenda and no action is taken.

Cory Lytle, Building Department Director, presented these items.

a) Input re: Draft Special Event Policy and Permitting process—Cory has mailed out the draft based on the 11-12 workshop. No responses have been received. This will be put on the next agenda for action.

b) Approval to renovate a portion of the upper level of the Lincoln County Road Department barn on SR322 to accommodate the county sign-making equipment—The room will be approximately 12’ X 12’ and the Road Department is paying $1,525 of the total building cost ($3,050).

Ronda rejoins the meeting at 11:54 a.m.

Ronda made a motion to approve payment of $1,525 from County Miscellaneous; seconded by Ed. Allvoted in favor.

c) Contract for sign making room addition in the Lincoln County Road Department maintenance barn—The contract total is $3,050 with B.L. Construction, Inc., half of which the RD is paying. Ronda made a motion to approve the contract with B.L. Construction, not to exceed $3,050 (half will be paid by the county and half will be paid by the Road Department); seconded by Bill. All voted in favor.

Lunch 12:00-1:00

Cody Tingey, Nevada State Parks, presented the Board with information about what was accomplished during the closure of the Beaver Dam area. Wilkin received the bid and the park was closed right after Labor Day. The dam was decommissioned and it is hoped the area is as close to pre-dam state as possible. This was a FEMA funded project in conjunction with the Department of Wildlife and NDSP. The park is reopened, including campgrounds. The stream will be hiking trail only. The old road was reinstated and will be for service use only. Russ Dapsauski discussed land transfers under LC Conservation Recreation and Development Act.

Jeremy Aguero of Applied Analysis presented an economic and fiscal impact analysis for a renewable energy facility proposed to be located within Coyote Springs.

Doug Carriger and Emilia Cargill are present on behalf of Coyote Springs (CS). This amendment to the Coyote Springs Development agreement will allow unlimited acreage for electric generation, station use. This issue is slated to be heard by the Planning Commission this Thursday. Doug Carriger, Coyote Springs, commented it is the intent of NRS that the approvals are at the discretion of the County Commissioners, but, if the Board would like the Planning Commission to hear it first to determine consistency with the master plan, CS has no issue with that. Doug encouraged the PC review. There is some discussion about whether or not there will be enough time to meet publication requirements for the public hearing on January 4, 2010 if the PC reviews it and makes a recommendation. Doug remarked the recommendation from the PC could be available at the public hearing on January 4. Paul agreed, this is why he questioned scheduling the public hearing for January 4. Clint Wertz, County Planner, advised that he currently doesn’t have an application nor have fees been paid. Clint further remarked they have time tables that they follow in order for the public to be aware of what they’re doing. Ronda commented the County has gone down this road before with developers and trying to keep everyone inline; we
have Title 13. CS has advised they don’t feel Title 13 applies to them as they didn’t receive notice. However, Ronda remarked, previously a change was made and CS wouldn’t have been able to go through the change process without Title 13. Clint said ten applications have been processed for CS in the last two years through application of Title 13. Ronda is concerned as there is an application in front of the Board now and she wants to ensure things are done correctly. One of the issues Jeremy Aguero brought up is that 8,300 acres of CS could be used for solar, but CS hasn’t addressed density issues in the presented amendment. There are five units per acre right now, and, with the removal of the 8,300 acres, it means a higher rate of density for the remaining land.This issue needs to be addressed. Paul returned to the issue of timeline as it pertains to process; should this discussion be held today or at the January 4th meeting after recommendation is received from PC? Clint commented that application cycles are posted and everyone has to follow them. The narrowest window is three weeks from the time the application is received; this isn’t to say the PC won’t want to continue issues. Clint advised he couldn’t guarantee the Board of the January 4th hearing date. Clint stated there is a problem as he’s has only had three days to review this. Paul asked if it is at the Board’s discretion how the amendment is handled. Yes, Greg responded. If this goes to the PC, it will be addressed in whatever manner the PC board members see fit. Subsequent recommendations will then come to the Commission for consideration on January 4th. The Board continued to discuss timelines and when a review of issues that may result from PC meeting should take place. Greg stated the problem is that County procedure, regarding amendments, hasn’t taken place and an exception is being made by the Planning Department as to how things are normally handled. Clint sent a letter to Doug on 11-23 outlining the process for the amendment. Clint was told the procedure doesn’t fit CS, which resulted in this current discussion. Clint commented he’s lost a couple of weeks as he was “shut down”. Doug responded the CS development agreement with LC locked in the county policies and applicable procedures that were in place at the time the development agreement was approved. CS has come back before the Commission under those applicable rules. Any subsequent rules adopted by the county since then could be presented to CS for adoption. Many changes in Clark County procedure and code have been brought to CS for adoption. Clint responded Clark County has more people in their office. Doug cited any changes that have been made were never brought to CS, who is willing to comply with the adjustments if only they had been presented to them for adoption. There is continued discussion about how to get out of the “timing jam”. Paul commented this amendment isn’t that difficult; it contains one sentence. There might be legitimate issues that surface based on the change of this one sentence. Once these issues surface they can be considered by the Board. Paul feels the Board has a responsibility to respond to the timeline based on “real life situations”. The timeline was established by a third party, not by LC or CS; the Board can either “play ball” and consider the amendment or send it back and go through the process, Paul said. There is a disagreement on the timelines and process, but the Board’s decision is to make the decision pertaining to the amendment. By January 4, the Board can determine whether or not they are prepared to approve the amendment or send it back to through the whole process. Ronda asked if the members of the Board understand what the one sentence will do to the county. Paul feels he does. Ronda further asked if anyone knows how this amendment will affect density and is there a development plan from Bright Source. Paul argued the only change being considered is that the county will support 8,300 acres of renewable energy as opposed to 4,500 acres. All of the ensuing impacts and densities can be dealt with, Paul continued. Ronda commented that once the Board has agreed to this, there is no requirement for CS to open it back up. This is a 2010 project versus a project that will take place 20 years from now, Paul said. This will be among the largest solar projects in the U.S. Again, Paul cited the Board’s decision today is to stick with the presented time frame or go back to the full process. Paul doesn’t feel the Board can’t make a fully informed decision on the proposed amendment by January 4th. Doug commented on the densities. The development agreement offers the maximum quantity of residential densities as five. Any residential or commercial densities are part of the Planned Unit Development (PUD process). This doesn’t mean they can have five units per acre, it is simply the maximum. When PUD goes forward the PC can determine that three units are adequate per acre. It is at this step of the development where densities, uses, and zoning are applied to the land; it isn’t handled in the development agreement. Clint commented on the proposed amendment; one could argue an entirely new development agreement is required for this project. Clint advised the current proposal includes the use of all 20,000 acres for accepted uses. The original land use plan has been “thrown out the window” three times, and new maps (that have never been adopted by the county) have been provided. Clint remarked there are a whole host of issues and it isn’t as simple as it’s being portrayed today. Tommy said the change in the economy has resulted in a change to the development perspective; in order to move along we all have to look at change. The Board will have to rely on professionalism as to what is good/bad about this amendment if it goes through. The timetable being used now has been created by the applicant and they’ve been here for months, Clint commented. Clint further said they’ve sat on this until Bright Source said “jump” and this emergency was created by the applicant. Clint doesn’t appreciate this and will do the best to offer a professional opinion given the amount of time he has to spend on this. Bill said these companies don’t sit around and wait forever; they will leave if the Board doesn’tmove on this quickly. Clint reiterated that he hasn’t had time to review the information as he doesn’t have the application and fees haven’t been paid; he’s limited as to what he can do today. Greg commented he met with Doug and counsel last week; they are prepared to tender the application and a check for the fees today. Greg feels it is advisable for this matter to go to the PC; following this, the Board will receive a recommendation (which isn’t binding on the Board of Commissioners). Any issues will be aired at the PC meeting, including the density issue and that can be dealt with. Greg commented there are ways of addressing matters that come up in order to ensure this is done well. Ed made a motion to refer the agreement to amend the Coyote Springs Development Agreement to the Planning Commission (PC is to offer recommendation to the Board by 1-4-10) and this will be heard by the Board on January 4, 2010; seconded by Bill. All voted in favor.

#32-ORDINANCE #2009-11
This is an ordinance adopting the first amendment to the Coyote Springs Development Agreement. Ed made a motion to propose an ordinance for first amendment to the Coyote Springs Development Agreement and to set a public hearing for January 4, 2010, at 1:00 p.m.; seconded by Bill. All voted in favor.

Marty Soderborg, Principal at Meadow Valley Middle School and Lincoln County High School, is requesting permanent closure of Edwards Street, between 4th and 3rd Street in Panaca. This is between the old high school and the football field. A few years ago the Board approved temporary closure of this road. There are students walking through this area and with the new gymatorium there is a need for more parking to accommodate productions and games. This will also help with the football field. They would like to close this section of the road off to make a parking area for the Elementary School and for various functions. This creates a safety zone for the kids to walk through in order to go to lunch. The county was looking at money to repair parks. Plans were drawn by UNLV students and they are willing to come up and draw better plans to show what can be done with the area. There is some discussion about emergency vehicle access; the site would accommodate this. Paul commented this will create a very large space with no cross street going through. This will basically create four solid blocks with no cross street. Clint Wertz commented the tradeoff is that the campus is made more complete and emergency access is still maintained. Clint said they talked to various entities and everyone thought this could be addressed, but there will be issues that have to be addressed. Ken Dixon commented this section was closed during Homecoming to regular traffic and left open only to emergency vehicles. Ken believes this is a win/win situation as long as emergency vehicle access is maintained. There is some discussion as to whether or not barriers will be erected to prevent the parking lot from being used as a short cut. The county needs to abandon the street; the process to do this needs to be followed in its entirety. Marty said they are looking at getting a grant for the track as well, and this is one of the processes (a parking lot and bus loading zone). All people within a certain range will be notified of the abandonment. Marty will present this to the Panaca Town Board next week. Tommy made a motion to start the procedure for permanent closure of Edwards Street between 4th and 3rd street; seconded by Ed. All voted in favor.

A letter has been received from BLM concerning a Right-of-Way for Southern Nevada Water Authority to construct two groundwater monitoring wells near Shoshone Ponds in Spring Valley, White Pine County. Paul read the letter into the record. No action is taken.

A letter has been received from Nevada Renewable Energy and Energy Efficiency Authority requesting development of a plan to retrofit public buildings, facilities and structures to otherwise use sources of renewable energy to serve those building, facilities and structures, pursuant to Senate Bill 358 Section 19.4. Cory Lytle commented he hasn’t looked into any of these projects, but he’s willing to attempt to put something together. Glennon Zelch asked if this is an unfunded mandate. Yes. No action is taken.

Paul called for public comment. Nicholas Pearson of Pearson Brothers Construction discussed the Pioche Park. From a contractor’s standpoint, contractors are underbidding by 30-40%. This hurts the economy and doesn’t do anyone any good. Nick questioned the advantages of the Board choosing the low bidder. Paul responded that every bid met the engineer’s estimates. Phyllis said the county is required to go with the lowest qualified bidder; this is one of the reasons that bonds, licenses, etc. are checked out. Hardy is qualified and they are the lowest bidder. Nick wants the Board to be aware that this is happening in Las Vegas and eventually it will hurt the contractors. Nick doesn’t see how the project can be done under the bid amount. Phyllis responded that a close eye will be kept on them. Cory Lytle commented he reviewed the Pioche Upper Park bids last week and a red light flashes on some of these totals. All of these companies are bidding on the same thing. The labor that goes into things is what changes. Materials are on the same playing field but labor isn’t; materials costs won’t change. A third party inspector will be hired to keep an eye on what’s going on. Cory said this project needs to be kept under a microscope. All change orders will go through the Board and Phyllis arbitrarily chooses $1,000.
This allows the county to review the change orders as well as the engineer.

There being no further business for the Board to attend to, Ed made a motion to adjourn the meeting at 2:53 p.m.; seconded by Bill. All voted in favor.



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