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June 7, 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
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 6-2-10. The Invocation is offered by Tommy andRonda led the Pledge of Allegiance.


#2 Approve/Deny minutes of the May 17, 2010 and May 20, 2010 Commission meetings.

#3 Approve/Deny change of regular Commission meeting from November 1, 2010 to November 8, 2010.

#4 Approve/Deny Notification of Grant award from Nevada Aging and Disability Services in the sum of $37,200.00 for Homemaker.

#5 Approve/Deny Acceptance of the Confidentiality Addendum for the Homemaker Grant.

#6 Approve/Deny the Notification of Grant Award in the sum of $11,000.00 for Transportation from Nevada Aging and Disability Services.

#7 Approve/Deny Change Order P2 for the Pioche Upper Park in the amount of $15,541.25 to allow for items not in original plans.

#8 Approve/Deny Change Order P3 for the Pioche Upper Park in the amount of $14,618.54 to remove unnecessary items from original plans.

#9 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).

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

Recorder/Auditor Leslie Boucher presented the vouchers and a cash balance report. General County has abalance of $727,666.63 with estimated expenditures being $219,083.94. This leaves General County with a balance of $508,582.69. Transportation has a cash balance of $25,818.83 with estimated expenditures being $4,075.50. This will leave Transportation with a balance of $21,743.33. Detention Center has a cash balance of $181,018.99 with estimated expenditures being $73,772.69. Detention Center will have a balance of $263,276.30. Solid Waste has a balance of $76,258.82 with estimated expenditures being $18,873.55. This
will leave Solid Waste with a balance of $57,385.27, and the Solid Waste Fund owes $27,484.15 to Fund 87. Airport has a cash balance of $966.65 with estimated expenditures being $35.00. Airport will have a balance of $1,420.65 with receipts not posted in the amount of $489.00. Ed made a motion to approve the vouchers as presented; seconded by Bill. All voted in favor.

Phyllis Robistow presented this item.

d) Sub-Recipient monitoring of Caliente and a request for information from the City—Phyllis read the following into the record:

“As the County Grants Administrator, I am responsible to ensure that all Federal monies received by the County are handled properly – Ethically and Legally. There are certain rules and laws connected with my job. I not only answer to the County Commission, but to the Granting agencies that we receive monies from. I have given you a copy of the law regarding the Counties and my responsibility in connection with a sub-recipient. It is Sub-Section M of Office of Management & Budget Circular A-133.

In as much as we have received Southern Nevada Public Land Management Act money for the City of Caliente - $10,039,862.00 – I have the responsibility to make sure that the City, as a sub-recipient, follows the directions that need to be followed to ensure the continued flow that those funds. They are considered a sub-recipient of the County.

To that end, I review the Single Audit filed for the City to ascertain that they follow the rules for their own grants and other Federal funds. Also, as a sub-recipient of the County, the SNPLMA funds are tracked in both the County Single Audit and the City Single Audit.

I must say that after reviewing the Caliente Audit for the fiscal year ending 06/30/09, I am very concerned. The City will be High Risk Auditee due to some actions that were questioned by their Independent Auditor. In researching these actions, I question them also. I gave you a copy of the Auditor’s findings. Grants are given for specific purposes and for specific lengths of time. If any deviation from these specifics is needed, amendments must be requested in writing and given in writing from the granting agencies. Apparently, this was not done with the Army Corp of Engineer grant for the Flood Control Project.

The City is required to come up with a plan of corrective action. If they have done so, I would like to receive a copy of the plan, and to know where they are in the process of fulfilling that plan. I would also like a copy of the original grant award and any amendments attached thereto, and copies of all City Council meetings where action was taken on this project.

My concerns at this time are basically – Who was responsible for the decisions that were made, why were the decisions made that led to incorrect action, and if any investigations are being made to ensure that the actions were not fraud. If the actions were just mistakes, I need to know what measures are being put in place to make sure that those types of mistakes are not made again.

We are responsible for the SNPLMA funding that was awarded for the City of Caliente. While three of the projects are almost complete and one is 50% complete, we still have approximately $5,000,000.00 left of the Meadow Valley Wash Project, and almost $700,000.00 left on the Rail City project, and this concerns me. I know it will concern Jeff Wilbanks at SNPLMA when he reviews the Single Audit, and he will review it.

While the City’s actions with its own grants do not directly affect the County grants, it does reflect on us if we do not concern ourselves with how they deal with their grants and see to it that methods are in place to ensure proper adherence to rules, regulations and laws because they are a sub-recipient of the County.

We have asked for millions of dollars in Appropriation money for various projects throughout the County that would eventually improve the lives of everyone no matter where they live in the County. Add to that the grants that the County receives for Social Services, Emergency Management, Sheriff’s Department, Libraries, etc. All of these grants are considered to be used throughout the County, including the City of Caliente. If the granting agencies start to question the ability of either entity to handle grants properly, we could find that the funds we
receive for these enterprises are greatly reduced.

In addition to continuing to be the final approval on the SNPLMA funding, I will also be monitoring the $75,000.00 that is being allocated to them from the Nuclear Waste funds. I ask that all requests from the City for payment out of these funds come to me for approval prior to vouchers being processed. Up to this point in time, I have not required this of the vouchers being processed out of Fund 74, as Connie Simkins knows what she is doing. I only spot check Fund 74 transactions. And, I am not requiring that Connie send all of her transactions to me,

I request that the Commissioners approve a letter from me to the City requesting the information regarding the plan of corrective action, minutes and the grant award I spoke about.”

Mayor Keith Larson is present and advised that the City is willing to provide the information that Phyllis requires. Ed made a motion to authorize Phyllis to send a letter to the City of Caliente requesting information regarding the audit violation; seconded by Bill. All voted in favor.

This item is covered under separate agenda.

SHERIFF Kerry Lee reported that there will be several Clark County Detention Center officials touring LCDC onThursday. Kerry will be providing food, but notification came so late that it couldn’t be put on the agenda for approval. Kerry stated getting authorization to purchase foodstuffs is micromanaging and time constraints don’t always allow for pre-approval. Kerry asked that at least one Commissioner attend the luncheon. Tommy commented that he heard a rumor that the SO hasn’t been arresting and holding women due to the cost to hold.
If that’s the situation, Tommy asked that something be worked out with Clark County. Kerry advised they are arresting anyone they need to and women are placed in the holding cells. The problem with this is that there have been some high need inmates, some that must be separated from the main population as they are ill or need protective custody. Women are definitely a management issue, but Kerry has been in contact with White Pine. Phyllis Robistow advised we have received another $350,000 for renovations to the Detention Center in addition to the $300,000 for LC Courthouse. Paul has received information about updating the COPS grant; Kerry continues to pursue this.

Linda Claiborne advised they would like to have a motorcycle rally over the July 4th weekend to help LC Human Services obtain a new freezer. It will be a ride to Gunlock plus lunch. The Nutrition Department is doing the fundraiser. A portion of the food costs will be reimbursed. Legally there is no issue with this. Deputy DA Daniel Hooge is drafting a liability waiver for the riders to sign. Tommy made a motion to approve and support this fundraiser; seconded by Ed. All voted in favor.

Paul read the resolutions into the record. Ronda made a motion to approve the resolution to augment General County Fund in the amount of $230,481; seconded by Ed. All voted in favor. Ronda made a motion to approve the resolution to augment Vehicle Capital Projects Fund in the amount of $6,500; seconded by Ed. All voted in favor. Ronda made a motion to approve the resolution to augment Lincoln County Land Act – Planning and Development Fund in the amount of $32,708; seconded by Tommy. All voted in favor. Tommy made a motion to approve the resolution to augment China Springs in the amount of $1,000.00; seconded by Ronda. All voted in favor. Ronda made a motion to approve the resolution to augment the Solid Waste Management fund in the amount of $20,000; seconded by Ed. All voted in favor. Ronda made a motion to approve the resolution to augment the Pioche Town Grant Capital Projects Fund in the amount of $32,910; seconded by Tommy. All voted in favor.

Currently, there are two vacancies on the LC Game Management Board (Panaca & Alamo). At this time there are no recommendations. This item is carried over to the next meeting.

Rick Stever, Emergency Management Coordinator presented this item.

a) Update—State Hazard Mitigation Committee came to Caliente on May 27th. Rick received a call to meet Flight for Life on May 22nd. Rick advised that due to the lack of markings on his vehicle, he used one from Pioche Fire so that Flight for Life could identify him. This event occurred at a remote site and there was no ambulance.

b) Mid-cycle HazMat Emergency Preparedness Grant for 8 people to attend the Reno Fire Show Conference in October, in the amount of $20,000—Ronda made a motion to approve, amount not to exceed $20,000; seconded by Tommy. All voted in favor.

#23-RESOLUTION #2010-06
This item concerns the Nevada Rural Housing Authority resolution and transfer certificate requesting the County’s unused Private Activity Bond Cap allocation for 2010. Paul read the resolution into the record. Tommy made a motion to approve; seconded by Ronda. All voted in favor.

This item concerns retention pay of 2% for full time employees. These employees haven’t had a pay raise in several years. Ronda advised them that pay raises haven’t been granted in the County. This 2% retention doesn’t raise the base pay. Every six months retention pay is given, but next year they will start at the same base rate. This program is funded through contracts. It is up to the Recorder/Auditor’s office to determine when the six month increase will be given. This applies only to full time employees. Tommy made a motion to approve, effective July 1, 2010; seconded by Bill. All voted in favor.

Susan Martinovich, Kathie Weaver, Melvin McCallum, Cleveland Dudley, and Rudy Malfabon are present on behalf of Nevada Department of Transportation to review Lincoln County’s work program. Paul asked that NDOT look at the road that turns off of Hwy. 93 and goes to Panaca Airport. This is a state maintained road and it is deteriorating from the outside in. Susan will look into this. NDOT has had to back off on some of their efforts to maintain local roads as their funding has been decreased. There are some Right-of-Way issues that are being worked through on the Safe Routes to School and they hope to advertise in September 2010. Paul
presented a letter from Betsy Whipple to Susan. Susan will get back to Betsy on this issue and copy the Board members. Doug Carriger asked about the fence along the Right-of-Way on Hwy. 93 going north from Pioche. Portions of the fence are falling down and Doug has heard that it is NDOT’s responsibility to maintain the fence. Doug questioned that in order to get the fence repaired. Doug also asked about the Tiger2 program. LC Regional Transportation Commission has identified several safety problems on the highways located in LC. Doug is wondering if NDOT will work with LCRTC on obtaining a grant through Tiger2. Susan responded that yes, NDOT will work with the County on this. The County needs to make the application and then NDOT will support it. The challenge with the Tiger2 is that applications exceed allotted funding; competition will be fierce. Tommy made a motion to approve the FY 2011 to 2020 Transportation System Projects document; seconded by Bill. All voted in favor.

#18-ORDINANCE #2010-01
This is an ordinance establishing permit fees and procedures for special events throughout Lincoln County and providing exemptions from such fees and procedures. This ordinance is causing a great deal of concern in the community. There are still some questions about who needs insurance and why, how much insurance the County needs to carry, and how much insurance is too little. No action is taken and this item is tabled to 6-21.

Clint Moore is requesting information concerning the restoration of the Pioche Park locomotive. Clint has volunteered to replace the wood and sheet steel on the locomotive. No one seems to know who owns the locomotive. Clint is doing volunteer work on some of the older buildings and volunteered to work on the locomotive next year; the County will have to purchase materials. The locomotive is falling apart and Clint feels it should be repaired. Phyllis Robistow advised that putting a roof over the locomotive is part of the SNPLMA
funds. Phyllis may have to apply for special account money and there is a slight chance that these funds could be used for the repairs. Greg will work with Paul and Phyllis concerning resolution to surrounding issues. Cory Lytle suggested this be kept in house if we’re only talking about a couple of thousand dollars; keep it so we don’t owe anyone money. Ronda suggested a fundraiser be held. Tommy requested presentation of a plan showing
what needs to be done. No action is taken on this item.

Currently there are 79 Clark County Detention Center inmates and 15 County inmates. There are some medical and high risk inmates that have to be separated from the general population. There are still problems with lack of storage. There has been a problem with the main power converter that runs the door box and Tracy Lee has made an emergency trip to Las Vegas to get it replaced.

Lunch 12:00-1:00

Ronda reviewed the working draft of a Lincoln County Resolution Regarding Solar Power Development on Public Lands. Ronda spoke with Senators Ensign and Reid as well as Congressman Heller about separating the solar areas from Heizer’s request for a National Conservation Area (NCA) in Garden and Coal valleys. This resolution specifically gives acreages for the two that the Board has seen maps for. Ronda asked that we add that the County is in support of private lands and they're working towards solar. Connie Simkins commented that they were very complimentary about the fact that LC is taking the lead on this. This is why we set out the number of acres in the resolution. There is a map and date given in legislation. These areas comply with BLM’s suitability requirements. Vaughn Higbee suggested that, before public land is used to do solar, all projects on private land be completed or well underway prior to them looking at public land. Tommy made a motion to
approve the resolution with the incorporation of supporting private projects; seconded by Ronda. All voted in favor.

Ronda reviewed the proposed legislation but stated she isn’t sure when it will be presented. Ronda is recommending changes to the legislation that will be sent back to the delegation. Doug Carriger suggested that transmission be addressed as well as working in LC Power District. By adding LCPD it will make the local power district more viable. Ronda suggested restriction of the public lands be included so that they must work on the specific designated areas until they are at full capacity; this is public lands only. Ronda said we need to be sure we see the maps before anything moves one way or another. There is language in the legislation that says “in the Secretary’s sole discretion”. Ronda takes exception to this and believes it should say “in coordination with the State and County”. LC can’t restrict any of the monies that BLM collects from rents to being spent wholly in LC; we can request that LC get a fair share to help us through the process. Phyllis requested that we let the State know what we’re doing as someone has called the State Energy Office and claimed that our County Code doesn’t allow for solar development. The Congressional Delegation is in support of getting the transmission line through the County. Ronda made a motion to take into consideration the ideas talked about today, she will work with Mick and Doug on including the transmission lines and
LCPD into the language, and then send this back to Washington, D.C.; seconded by Tommy.
Vaughn Higbee is afraid that a situation will be created where the government will recognize the value of AUMs. No loss of AUMs, or they need to be paid for, needs to be included. A formula would have to be established for the payment of these. Doug commented that BLM is currently revising the way that they charge for solar lease payments. It’s currently based on value of land but they want to go to a royalty basis. As part of the royalties, AUM values can be included to be paid to the ranchers and the monies would come directly from the solar people. This would help to establish a value; right now there is no value. The government would recognize that there is a value. All voted in favor. Connie Simkins advised that they spoke with Ray Brady, who told her that one of the BLM conditions place on solar applications is that they must do something substantial within one year. If nothing is done within that time frame, it will be canceled. A plan of development will be required and they must follow up on it.

This item is tabled.

There is an issue with separate entities paying for repairs to their buildings. This came up because Museum, Airport, Million Dollar Courthouse, senior centers and the Library have a tax structure. Repairs have been paid for through the Building Department as opposed to these entities paying for things through their budgets. In future, when the Building Department is called to make repairs these entities will be invoiced. Cory Lytle advised that he has a very long list of requested repairs. Most of these entities have capital project funds. Phyllis advised that most of these entities have rollover at the end of the year; the Commission may want to
create a fund and put the rollover into it for this purpose. The Airport has a capital improvement fund that is used to match FAA grant funds. The resolution to this issue is “you call us, we’ll get the work done and invoice you for it.” Prior to doing the work, these projects need to be run through the entities’ boards. Ronda made a motion to have these entities come to Cory with their repair requests, Cory will give them an estimate, and then these entities can take it back to their boards for consideration, once approved these repairs can be invoiced for reimbursement (a letter will be sent to each entity so they know what is expected of them); seconded by Ed. All voted in favor.

Connie Simkins advised that the dollar amounts haven’t changed from what the executive committee and JCCIAC recommended; only scope of work changed. Ed made a motion to approve the contract for Intertech Services, Dr. Mike Baughman, in the amount of $160,000; seconded by Bill. All voted in favor. Tommy made a motion to approve the contract for Robison/Seidler in the amount of $190,000; seconded by Ed. All voted in favor. Tommy made a motion to approve the contract for Core Geo Data in the amount of $80,000; seconded by Ronda. All voted in favor. Ed made a motion to approve the contract for Bret Whipple in the amount of $50,000; seconded by Ronda. All voted in favor. Tommy made a motion to approve the contract for Resource Concepts in the amount of $30,000; seconded by Ronda. All voted in favor.

Connie Simkins provided information on her trips to the Blue Ribbon Commission and to the Dry Storage Forum in Maryland. Connie attended a June 3-4 meeting in Las Vegas of the Atomic Safety and Licensing Board. Connie will attend the White Pine County Commission meeting on Wednesday regarding One Nevada. Vaughn Higbee offered an update on Robison/Seidler activities. Vaughn advised he hears more and more that the government will function under a continuing resolution. Due to this, the program as we see it this year could be
funded at that level. BRC has set up subcommittees and they desire to stay on or ahead of schedule. BRC will meet at Hanford and get a heavy dose of information on the defense waste issue and the need for a disposal solution. Hanford is pushing hard to get it out of there and out of Idaho. The federal government has signed contracts with these states advising they will have it removed; this is high level waste. Low level waste is not coming through LC, it’s going on Hwy. 6. BRC won’t focus on any particular site but they are leaning towards salt. US should aggressively research advanced reprocessing over the next 20-30 years. The next site
shouldn’t be so schedule driven, but at the same time it runs the risk of failing if it moves along too slowly. This would allow for greater political intervention. A more stable private or quasi government manager is needed to avoid the pratfalls associated with having new program management every couple of years. Multiple/regional sites are preferred with a focus on interim storage until more advanced recycling or waste neutralization technology is developed. The program could have full access to NWF in as little at two to three years. There continues to be a push for establishing Energy Parks at or near former DOE sites. This could include funding during the developmental and planning stages. Vaughn will continue to monitor this issue and keep the Board posted. Connie stated national legislation for energy parks will include a fund that could come to NV Test Site. It hasn’t come through committee yet. Connie met privately with Gary Lanthrum, who advised that nothing will happen with the BLM ROW being withdrawn until after the election. Gary further advised that the President and Secretary Chu have advised all DOE employees not to do anything with the BLM ROW until it has worked itself all the way through the court system; it could be tied up for years. Paul leaves the meeting at this time and the Chair is turned over to Bill.

Clint Wertz presented this item.

a) Update—Planning Commission, next month, will have two substantial applications, NV Energy and an amendment to the Title 14 Toquop Zoning Ordinance. The new FEMA studies
and maps that were done for LC floodplain will go into effect August 6, 2010. City of Caliente is bearing the brunt of these changes. Most of the City will be moved into a primary flood zone. There are changes in the Ursine area that put the Eagle Valley Resort into a floodway. Changes will have to be made to Title 12. The last floodplain ordinance was completed in the mid 80’s. Public outreach will be conducted and Clint will determine what properties are affected. It appears that there are only about one dozen affected properties. If the changes aren’t made by August 6, then we are no longer a certified jurisdiction and people won’t be able to get their flood insurance. Some of the individuals will have a chance to grandfather in and get a lower rate on their insurance. Clint will have the letters out before June 21. Both the City and County are being audited as to how well the ordinance has been implemented. Both entities have had instances where follow-up didn’t occur.

A draft Open Space Plan has just been sent out and Clint will be requesting an extension. Clint and the Road Department have been getting street signs made.

Phyllis Robistow, Grants Administrator, presented these items.

a) Update—The unemployment rate in LC is 13.9%. The Feds are passing legislation that will cut benefits from the Federal budget for Medicaid, unemployment insurance, and COBRA health care coverage. The energy people were in LC last Wednesday to look at the LC Courthouse project. The state would be interested in receiving information as to what we plan to do for renewable energy. There was spare money as one of the Counties up north decided they didn’t want to do their energy project; Phyllis presented the LC Detention Center and funds were granted. $675,000 has been awarded for both the LC Courthouse and LC Detention Center. Phyllis will be writing the Community Services Block Grant for this year.

b) Resolution to accept the Alamo Industrial Park Master Plan—Bill read the resolution into the record. Tommy made a motion to approve; seconded by Ronda. All voted in favor.

c) Match amount for the Homemaker Grant in the amount of $5,106.00 from Payment In Lieu of Taxes (PILT) Grant Match fund—Ronda made a motion to approve; seconded by Ed. All voted in favor.

e) County land west of the ambulance barn in Alamo for use as a helipad by Mercy Air—This item is tabled.

Cory Lytle presented these items.

a) Update—Panaca Elementary is moving along and they will start moving brick this week. Pioche Park is moving along and Cory estimates they are 60% finished. Panaca Fair Building
is rough framed and plumbed. Cory is getting estimates for insulation on the exhibit part. NV Energy One Line project is being reviewed. Rachel Park has been put on hold for awhile; the Day’s concern is that the land was given to the County to be used as a medical facility. The nurse had been cut back on travel by the state. Mr. Day is concerned that the facility isn’t being used for medical. There is a medical building out there right now and the County can’t control state funding and getting a nurse out there. Nurse Jean Lucht has received approval to go to Rachel one day per month, which removes one day from Alamo. Mr. Day was on the agenda
to discuss this but couldn’t make it today. There is a room designated for the health nurse and the County was advised to move forward with the park. Over $30,000 has been spent to date on this park. If a stop is put to this project the County will be in a world of hurt with SNPLMA. The original platte maps say park and playground and Clint believes this is legally binding. Cory asked why Mr. Day never said anything in the initial meetings. Mr. Day’s greatest hope is that the County will maintain medical. One of the things that the Commission has to
remember is that the state may not replace Jean Lucht when she retires. Cory continues to work on Panaca Park and hopes to go to bid by July-August.

b) Air conditioning unit replacement for the Information Technology room located in the LC Courthouse, estimated cost is $3,300.00—Tommy made a motion to approve, payable through Fund 95; seconded by Ronda. All voted in favor.

Bill called for public comment. None is offered.

Tommy made a motion to appoint Dane Bradfield as the Panaca Board member; seconded by Ed. All voted in favor.

There being no further business for the Board to attend to, Tommy made a motion to adjourn the meeting at 3:26 p.m.; seconded by Ed. All voted in favor.



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