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May 17, 2010


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



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


Vice Chairman Bill Lloyd called the meeting to order at 9:00. Clerk Lisa Lloyd called the roll.




Tommy Rowe
Ronda Hornbeck (joins the meeting at 9:09)
Paul Mathews, Chair (joins the meeting at 9:06)
Ed Higbee
Bill Lloyd, Vice Chair

Lisa Lloyd, Clerk
Greg Barlow, District Attorney


There is a quorum present and the agenda was posted on 5-12-10 to comply with the open meeting law. The Invocation is offered by Greg and Bill led the Pledge of Allegiance.


2* Approve/Deny minutes of the May 3, 2010 Commission Regular meeting.

3* Approve/Deny: Notice of Intention to act on a resolution to augment budget - General County
$230,481.00 - Solid Waste Management Fund $20,000.00 - Pioche Town Grant Capital Projects Fund $32,910.00 - Lincoln County Land Act Planning and Development Fund $32,708.00 – Vehicle Capital Projects Fund $6,500.00 - China Springs $1,000.00.

4* Approve/Deny 2010-2011 Cooperative Agreement between Lincoln County and the Seventh
Judicial District Court.

5* Approve/Deny Tax Strike and Refund to Aaron and Angelina Samson, APN: 13-170-03, 1,523 assessed, corrals and sheds removed prior to July 1st lien date, Refund in the amount of $44.71.

6* 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 approve the consent agenda; seconded by Ed. All voted in favor.

Paul joins the meeting and the Chair is turned over to him.

Recorder/Auditor Leslie Boucher presented the vouchers and a cash balance report. General County has a balance of $850,876.38 with estimated expenditures being $153,025.06. This leaves General County with a balance of $697,851.32. Transportation has a cash balance of $23,954.41 with estimated expenditures being $3,189.10. This will leave Transportation with a balance of $20,765.31. Detention Center has a cash balance of $243,668.31 with estimated expenditures being $72,753.87. Detention Center will have a balance of $170,914.44. Solid Waste has a balance of $70,976.95 with estimated expenditures being $1,179.13. This will leave Solid Waste with a balance of $69,797.82, and the Solid Waste Fund owes $27,484.15 to Fund 87. Airport has a cash balance of $1,407.98 with estimated expenditures being $441.33. Airport will have a balance of $966.65. Ronda made a motion to approve the vouchers as presented; seconded by Ed. All voted in favor.

CLERK Lisa Lloyd advised that a special meeting will be needed on June 14 at 8 a.m. in order to canvass the 2010 Primary Election.

This item is covered under separate agenda.

This item is covered under separate agenda.

This item is covered under separate agenda.

#12-ORDINANCE #2010-01
This ordinance pertains to the Special Events permit fees and procedures. This item is tabled.

The Commissioners sit as the governing board of this GID. Tommy made a motion to appoint the Commission Chairman and Vice Chairman as the Chairman and Vice Chairman of the GID; seconded by Ed. Paul stated he prefers to have Ronda be the Chair of this board as she is more familiar with it. Paul amended Tommy’s motion to include appointing Ronda as the Chairman and Bill as the Vice Chairman; seconded by Tommy. Greg discussed the need to staff all of the separate boards appropriately. As a voting member, Ronda shouldn’t be the secretary. Greg suggested that a secretary could be hired in a manner similar to Wendy Rudder, who works for Coyote Springs GID. The secretary for this board is an entirely separate position. All voted in favor. No action is taken on appointing a secretary.

The signing and implementation of the plan has already occurred. This implementing and monitoring committee will consist of three voting members, Union Pacific Railroad, Lincoln County, and the City of Caliente. Ad Hoc members include US Fish & Wildlife Service, Bureau of Land Management, and Lincoln County Conservation District. Additional members for both voting and nonvoting may be appointed as needed. There is some discussion that the GID board is different than the implementation board. The implementing committee will meet monthly. This committee will also require a paid administrator, and Paul questioned if this person can be used as the administrative assistant for the GID board. The County has an established Section 10 Fund. Tax monies created by the GID go into this fund and are administered by the GID board. At the next meeting, a plan facilitator will be appointed as will the voting member of this committee. Ad Hoc members need to be notified that a representative is needed for this committee. Paul made a motion to appoint the Chairman of the SLCMSHCP GID as the Lincoln County voting member of this committee (at this time that person is Ronda Hornbeck); seconded by Bill. Ken commented that the person who sits on this committee needs to be the one that has the most knowledge; once the GID board is reorganized, it should still be Ronda on this committee. All voted in favor. Ken advised that an administrator needs to be appointed in a couple of weeks and they will be employed by the County. Paul isn’t opposed to waiting and taking a recommendation from the committee for appointment of the administrator. Ken stated his existing contract covers putting together the necessary actions to get the committee started. No action is taken to appoint an administrator. Ken’s existing contract expires July 19, 2010.

Ken Dixon presented this item. This agreement concerns future action for mediation of desert tortoise and southwestern willow flycatcher habitat on federal land. This is an overall blanket agreement and will require separate work agreements for specific projects. Ronda made a motion to approve the Cooperative Agreement with BLM regarding Design, Implementation, and Effectiveness Monitoring of Conservation Initiatives Undertaken Pursuant to the Southeastern Lincoln County Habitat Conservation Plan; seconded by Tommy. All voted in favor.

Tommy made a motion to approve; seconded by Ed. All voted in favor.

Rick Stever presented this item.

a) Update—The exercise held on 5-6 went very well. Phyllis Robistow, Dawne Combs, and Rick attended the Hazard Mitigation Plan workshop; a grant for such has been awarded. There was an injury that occurred during the exercise. Rick has contacted the state, who has responded that they’ve never had this before. It will be handled through the County insurance.

Phyllis Robistow, Grants Administrator, presented these items.

a) Update—Phyllis advised that when the County doesn’t have updated plans it prevents her from getting grants. 99% of the indigent people in this County should be covered by Medicaid by 2014. The County will be required to cover the 1%. Phyllis suggested that bill draft requests coming in from NACO for the 2011 Legislative session will address this. Grants will be audited for the 2009 Community Service Block Grant funds.

b) Applying to the State of Nevada Emergency Response Commission for the United We Stand Grant in an amount not to exceed $30,000—This is for emergency equipment for all County fire districts. There is no match. Ronda made a motion to approve; seconded by Bill. All voted in favor.

c) Membership in the High Desert Resource Conservation and Development Council and dues of $200—Tommy made a motion to approve; seconded by Ronda. All voted in favor.

d) Completion of Rose Park project—This is the first major SNPLMA project to be closed.
Tommy made a motion to accept the recommendation from the engineer; seconded by Ronda. All voted in favor.

Ronda made a motion to approve the letter of support for the 2010 Lincoln County Fair Book; seconded by Bill. All voted in favor.

Lunch 12:00-1:00

Paul has left the meeting and the Chair is turned over to Bill.

#20-2010-2011 TAX RATE
Bill called for comment from the public on the tentative tax rates for LC, Towns of Pioche, Panaca, and Alamo, and the Pioche Fire District. No action taken.

Mike Baughman presented these items.

a) Letter to Senator Reid requesting an amendment to Lincoln County Land Act of 2000 as follows: 1. Section 5(b)(1)(B) by inserting “and implementation” after “development”. This amendment would allow BLM to not only help with development but also implementation of Lincoln County Habitat Conservation Plan — This would create a new funding source for the County. Mesquite has similar language in their bill and they’re seeking an amendment to insert the words “and implementation”. Senator Reid’s staff has indicated they are willing to try and accomplish this. Fish & Wildlife supports the amendment. Tommy asked if this would be a good time to request that roads be added back in. No; you wouldn’t get any traction on this. Carol Bass indicated that this will have an impact on their budget. They are writing a business plan for the expenditure of the money in the future. BLM is estimating how much money they will spend over the years. This letter/amendment will aid with BLM’s budget planning. Ronda will meet with the NV Delegation in Washington, D.C. to discuss this issue. Ed made a motion to approve the letter and to authorize Ronda to write the letter and to present the request to the NV Delegation; seconded by Ronda. All voted in favor.

b) Lincoln County Land Act amendment and funding for the Habitat Conservation Plan work — No action is taken.

#21-ORDINANCE #2010-02
Clint Wertz presented this item. This is an ordinance adding a Title to the Lincoln County Code regulating the development of the Alamo Industrial Park by establishing development by planned units pursuant to the provisions of Chapter 278A of the Nevada Revised Statutes, by enumerating zoning districts, by establishing minimum design standards, by establishing development application procedures, and by establishing specific design requirements. Bill read the ordinance by title. Ronda made a motion to adopt the ordinance; seconded by Tommy. All voted in favor.

#22-RESOLUTION #2010-04
Clint Wertz presented this item. This is a resolution establishing fees for the County to administer and implement provisions of Title 15 of the Lincoln County Code. Ronda made a motion to approve the resolution; seconded by Tommy. All voted in favor.

Connie Simkins presented the letter commending the work of Candice Trummell, Department of Energy (DOE) External Government Affairs Specialist, Las Vegas DOE office on behalf of LC. Tommy made a motion to approve the letter; seconded by Ronda. All voted in favor.

Connie Simkins presented this item. Total cost for attendance is $6,166.16. Tommy made a motion to approve the attendance of three individuals (Ronda, Connie, and Paul Seidler) at the Blue Ribbon Commission meeting in Washington, D.C., May 24-27; seconded by Ed. All voted in favor.

Connie Simkins presented this item. Connie went on Senators Ensign and Reid’s websites to investigate current funding requests to Congress. Both Senators have rural NV wastewater treatment projects. Senator Reid has:

1. Lincoln County Industrial Park – Alamo - $200,000;
2. Caliente geothermal exploration evaluation - $1,000,000;
3. Panaca Flood Control - $1,000,000;
4. Pioche Public Utilities, water system upgrade - $825,000;
5. Cold Springs drop structure – south of Panaca - $250,000;
6. Afterschool Programs - $50,000;
7. Caliente bridge replacement to Training Center - $500,000;
8. Interstate 15 and US 93 interchange improvements - $500,000;
9. Long term care facility – Caliente - $200,000;
10. Union Pacific Railroad Depot Restoration - $200,000.

The order previously submitted for priorities is:

1. renewable energy feasibility study and resources assessment, $1,000,000;
2. Cold Springs drop structure, $1,300,000;
3. LC Habitat Conservation Bank, $800,000;
4. Panaca Flood Control, $1,350,000;
5. Detention Center energy efficiency, $300,000;
6. PPU water system upgrade, $825,000;
7. Alamo Industrial Park construction, Phase I, $2,400,000;
8. Public Safety communications tower, $198,000;
9. Long Term Care Facility, $4,700,000.

Vaughn Higbee suggested that the interchange listed on the website might be confused with the one that Ms. Phyllis Frias has requested into Cowboy’s Dream. Mike Baughman suggested that Ronda ask the Senators why the list ended up at the point it’s at. No action is taken; Ronda will address these projects with the Senators when she goes to D.C. next

Clint Wertz presented these items.

a) Update—Lenard Smith approached Clint regarding survey work done by Jim Owens before he passed away. Jim sold his surveying part of the business to Lenard; part of the sale included Lenard doing some re-survey work at Mt. Wilson. There is a section with 2.5-10 acre lots that must be re-surveyed and re-staked. This is due to the meeting of the two townships. Over the years, the measurement system that was used has been inaccurate. Many of the people are aware that it’s an issue. The lots are off anywhere between 2 ft. to 20 ft. Maps were never done and recorded. These maps affect individuals in this area. The County has been asked to aid in covering the cost of this. This same issue occurred in Eagle Valley and was paid for by the residents there. Tommy questioned if this was done for the County when Jim was working as the County Surveyor. Ronda stated this wouldn’t have been a County issue. Most of the Mt. Wilson lots were created by deed. Most of these were created by deed long after State law permitted this to happen. Ronda reiterated this is the same thing as just happened in Eagle Valley. If this isn’t corrected, in the future any survey work done will be off. Clint advised if we had a full time, onsite, County Surveyor this is something they would be doing. The web mapping service is up and running. A process is being set up to keep the information current. Clint gave Steve Chouquer a list of the signs that need to be erected in the County. Clint also gave him a priority list for those that should go up first.

b) Patents on BLM lands leased for garbage transfer stations — Clint is working on a list as well as the applications for the transfer stations. Clint is including other locations that have been requested for other RPP sites from BLM. The final that will be included is to change the language on the Pioche Airport agreement that includes it’s only allowed to be used for airport purposes. It’s zoned for industrial use, but unless we can get BLM to change the uses, it remains useless.

This item has been tabled.

a) Updates—This item is off.

Bill called for public comment. Tommy was in Milford, UT, this last week. The Secretary of Interior was there making a presentation to the high school. The high school has put their shop on a solar panel, which will save the school $5,000 per year. This panel was paid for by a grant. Tommy suggested we look into this. Vaughn Higbee commented he appreciates the job the Commissioners do; he wouldn’t put up with all of the garbage the Board members do. Ronda attended a biomass meeting last Thursday. Attendance was really high and a steering committee was set up. Ronda will present the biomass idea to NV Delegates in Washington, and she suggested that the County focus on bringing in some conservation projects that might bring jobs into the County.

#13-FY 2010-2011 BUDGET
This is the time and place set for public hearing and adoption of the FY 2010-2011 final budget. Dan McArthur presented the budget. Pioche Town water fund has a $44,000 loss for the year. Some of that is depreciation. Revenues collected to date still have this fund going negative. The fund requires a loan from someone to make it cash flow. The fund has a reserve cash amount that is required for bonding. $28,801 is the amount that has to be borrowed in order to get to a $75,000 positive cash flow. This has already been written up by the State. The State is concerned that the reserve cash is being used. The Board will have to decide at some point who to borrow the money from. Dan commented there needs to be follow up with the Pioche Town Board. Dan will meet with them concerning their future plans to remedy this situation. Phyllis commented that we don’t get any USDA grants or loans if Pioche doesn’t get this under control. Pioche Public Utilities sewer fund has a small loss of $3,900. This fund ends the year with a positive $159,000 in cash. $28,801 is being borrowed from the sewer fund to make the water fund solvent. This will have to be worked on as the year goes on. The total ending fund balance for the budget this year is $203,369. $28,270 is removed from Emergency Management Capital Outlay, which increases the ending fund balance accordingly. Dan will remove $85,000 from the current year, Road Fund, into the coming year. Dan will work with the Treasurer to delineate exactly what the individual courts have as far as administrative assessment fees. Library Services/Supplies is increased to $16,000 in order to pay for the porch. $14,000 is removed from the Capital Improvements Fund 13 to Vehicle Capital Projects in order to purchase a vehicle for Emergency Management/LC Fire District. The Building Department Fund shows a loss of $62,500 for the year; it will be funded by transfers in and cash carryover. LC Fire District capital outlay is increased to $14,000 to purchase a vehicle. Tommy made a motion to approve the final FY 2010-2011 budget with corrections outlined above; seconded by Ronda. All voted in favor.

There being no further business for the Board to attend to, Ed made a motion to adjourn the meeting at 4:24 p.m.; seconded by Tommy. All voted in favor.



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