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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF LINCOLN, STATE OF NEVADA

February 22, 2011

LINCOLN COUNTY BOARD OF COMMISSIONERS

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

 

Commissioners

Tommy Rowe, Chair
Ed Higbee, Vice Chair
Paul Mathews
Phil Donahue
Kevin Phillips

#1-CALL TO ORDER/ROLL CALL/INVOCATION/PLEDGE OF ALLEGIANCE

Chairman Tommy Rowe called the meeting to order at 9:08. Clerk Lisa Lloyd called the roll.

PRESENT:

 

 

Tommy Rowe
Kevin Phillips
Paul Mathews, Chair
Ed Higbee
Phil Donahue

Lisa Lloyd, Clerk

Daniel Hooge, District Attorney

 

There is a quorum present and the agenda was posted on 2-15-11. The Invocation is offered by Paul D. and Tommy led the Pledge of Allegiance.

CONSENT AGENDA

#2 Approve/Deny minutes of the January 18, 2011 and February 7, 2011 regular Commission meetings.

#3 Approve/Deny general letter to various agencies and contacts regarding the replacement of the Grants Administrator.

#4 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).

Paul M. made a motion to approve the consent agenda; seconded by Kevin. All voted in favor.

#5-VOUCHERS

Recorder/Auditor Leslie Boucher presented the vouchers and cash balance report. General County has a balance of $814,322.69 with estimated expenditures being $178,848.46. This leaves General County with a balance of $635,474.23. Transportation has a cash balance of $786.22 with estimated expenditures being $2,374.21. This will leave Transportation with a negative balance of $1,587.99; funding from Regional Transportation in the amount of $40,000 hasn’t been received as of yet. Nutrition has a cash balance of $34,690.65 with estimated expenditures being $8,628.59. This leaves Nutrition with a balance of $26,062.06. Detention Center has a cash balance of $57,942.70 with estimated expenditures being $76,038.13 and receipts not posted total $171,640. Detention Center will have a balance of $153,544.57. Solid Waste has a balance of $97,194.32 with no expenditures. Receipts not posted total $4,329.00. Solid Waste Fund owes Water Plan/Development Fund, Fund 87, $27,484.15. Solid Waste will have a balance of $101,523.32. Airport has a cash balance of $870.10 with expenditures being $1,025.07. Airport will have a negative balance of $154.97. It is unknown if Adam Levy has paid his rent; Ed will let Wendy Rudder know that this fund is in the red. The overage can be paid from Miscellaneous General County and then reimbursed when funding comes in. Planning, Fund 110, has a balance of $4,903.03 with estimated expenditures being $5,321.82, and receipts not posted total $6,353.03. This leaves Planning with a balance of $1,031.21. There is some discussion about augmentations to this fund. Building Department Enterprise Fund has a cash balance of $33,453.46 with estimated expenditures being $4,986.38. Building Department will have a balance of $28,467.08. Leslie provided a list of dates for budget hearings. There is some discussion as to how the Board will handle the meetings. Paul M. feels the first meeting for the budget should be an overview with Dan McArthur, the following
meeting department heads/elected officials will be invited to review their proposals. March 9 at 8:00 a.m. will be the first budget meeting. March 23 at 8 a.m. will be the second budget meeting; the Board will meet with all Elected Officials/Department Heads. LC Telephone vouchers total $4,258.24 and Mountain Mercantile vouchers total $40.16. There was a billing at the coroner’s office and we have been back-billed for this year and last. Sheriff Kerry Lee commented that his budget for this item has been swept now. However, Dan McArthur advised Kerry to pay this. Services were received and Kerry feels the bill needs to be paid. If the bill is denied it will jeopardize the service and force LC to go to Reno with every trip. A letter of explanation is attached. This issue also happened in White Pine County. Paul M. made a motion to approve the vouchers as presented with the exception of the LC Telephone vouchers and Mountain Mercantile vouchers; seconded by Ed. All voted in favor. Paul M. made a motion to approve the LC Telephone vouchers; seconded by Ed. Paul D. abstains. Motion carries. Paul M. made a motion to approve the Mountain Mercantile vouchers; seconded by Ed. Kevin abstains. Motion carries. Paul M. made a motion to supplement the Airport Fund from the General County Miscellaneous in the amount of $1,500, to be reimbursed when the Airport has funds; seconded by Ed. All voted in favor.

#6-OFFICER/DEPARTMENT HEAD REPORTS

LC Health Nurse Jean Lucht advised that she received the pod trailer last week that would be used if there was a flu outbreak or such thing. This trailer has enough supplies to handle an outbreak for twelve hours, until the state can get here. Jean is working on the LC EOP. Grants Administrator Shawn Frehner addressed the Alamo Change Order, which was signed for $25,960. Shawn has been in contact with Community Development Block Grant; Denice will not be on the advisory committee but Shawn will. Shawn will be gone March 21-25.

#7-HIGHWAY COMMISSION

This item is handled under separate agenda.

#8-LINCOLN COUNTY FIRE DISTRICT

This item is handled under separate agenda.

#9-PANACA FIRE DISTRICT

This item is handled under separate agenda.

#10-TRANSWEST EXPRESS TRANSMISSION PROJECT

Jim Hartman presented an update from AECom concerning the Transwest Express Transmission Line (TETL). The TETL is a proposal to construct an approximately 700 mile direct current transmission line from Sinclair, Wyoming to Boulder City, NV. The primary purpose is to transport renewable energy, specifically from wind. Jim reviewed the BLM process. Currently they are in the public scoping process. Kara Choquette presented maps for the Board’s review. This is a dc line, which has less line loss and it’s less expensive. Public scoping meetings will be held in other areas of the state. More than 60% of the route is on federal land, 100% of the line in LC is on federal land. Western Area Power Administration (WAPA) representative Craig Kinnel addressed the Board and discussed WAPA. They have over 17,000 miles of high voltage transmission lines. WAPA markets and transmits power from Hoover Dam.

#11-SOLID WASTE

This item concerns use of the dumpsters at Beaver Dam and the cleanup of the garbage that blows during transportation and collection. Charon Samson addressed the Board. Charon asked why Indian Ridge and Highland Knolls don’t have their own dumpsters. Charon commented that there is garbage blowing everywhere and property owners now have to clean up the garbage that blows onto their property. There are also cars speeding in and out of the area when they come to dump their garbage. Charon suggested that these areas are now large enough to have separate dumpsters. Paul M. responded that these three areas are one service site and shouldn’t be treated as a separate township. Charon suggested that the dumpsters be moved from Beaver Dam to Highland Knolls. The problem with moving the dumpsters is the land; where will they be located? Paul D. advised that Mr. Ward had a parcel of ground on the east side of the highway that might be used. There is also a small parcel of county property in Highland Knolls that can be used as well. Paul D. suggested that a more central location would be ideal. The county can’t afford to have dump sites in each of the areas. Charon cited that the three dumpsters simply aren’t enough to service all of these areas. Paul M. asked if there is more that can be done to control the current situation with the loose garbage and speeding cars. The vehicles driving in don’t cover their garbage. The dumpsters aren’t overflowing; the litter scatters due to the speeding cars driving in and not having it covered. Paul M. proposed to have Recology present estimates for an additional pick up site, and that he and Kevin will work on finding an additional area for the new site. Cory Lytle recommended that this be patented with all of the other transfer sites. Sheriff Kerry Lee commented that individuals with litter coming out of their vehicles will be cited.

#12-GRANT

This grant will be used to upgrade radios in response vehicles. Paul D. made a motion to approve the Local Emergency Planning Committee (LEPC) submission for State Emergency Response Commission (SERC) grant in the amount not to exceed $30,000; seconded by Ed. All voted in favor.

#13-RESOLUTION #2011-02

This is the time and place set for public hearing on a resolution to adopt the Lincoln County Public Lands Plan. Cory Lytle presented the resolution and the history of it. This will be an element of the Master Plan. There are several counties looking to our plan for use as a template. Tommy called for public comment. Bevan Lister addressed the Board. Bevan Lister presented written comments and cited that this plan can be amended if needed. Bevan commented that there are very specific things that need to be addressed in a public lands plan. PLP doesn’t have to be adopted as a part of the master plan, Bevan said, and feels this is better as a stand alone plan, adopted by ordinance. Bevan feels that more work is needed on this plan before it is adopted. Bevan commented that the LC Public Land Users Advisory Committee, a sub committee of the Planning Commission, doesn’t give enough emphasis to the public lands issues that this county faces. For the benefit of the county, a stand alone group is needed that focuses solely on public lands issues. There are a number of references in the plan concerning cooperation and collaboration, but NEPA talks only about coordination. LC’s part is to write the plan and request federal coordination. Bevan questioned if the Board wants to be a collaborator in the destruction that has been taking place on public land/rangeland. Bevan stated that all law enforcement activities must remain centered in the LC Sheriff. This plan can’t give that responsibility or jurisdiction away, but it is important for us to state clearly that BLM or Forest Service Rangers are not welcome here in the capacity of law enforcement. Bevan suggested that the status of who the board is and how it works on this plan needs to be worked on. Bevan would prefer the advisory board that works on these issues would report directly to the Commissioners, not the Planning Commissioners. Cory advised that he receives all Clearinghouse plans and BLM updates. It would be nice to have a committee to address the public lands issues, but we don’t; Cory keeps his thumb on projects coming through the district. As it currently stands, the county simply doesn’t have the funding to set up this committee. The Chairman of the Planning Commission, Varlin Higbee, sat on the public lands committee and is highly involved in public lands issues on a state level. Vaughn Higbee doesn’t agree that federal marshals should have any jurisdiction in LC; it should be handled by county employees. Vaughn has talked to BLM at length. Vaughn feels it was a mistake for the LC Sheriff’s office to “get in bed” with BLM. It is impossible for Cory to stay on top of all of the public lands issues. Vaughn encouraged the Board to fund a group of people to watch public lands issues, especially grazing issues. Grazing is being completely left out as one of the multiple use portions. Vaughn doesn’t believe BLM represents his grazing issues at all. Vaughn asked that the Board be willing to handle the grazing issues as well as handling the grazing fees at some point in time. Doug Carriger stated that having a committee would be beneficial to the county and the way to fund it would be through PILT funds. A group of citizens that use the lands could be appointed to the committee to address the issues. Doug suggested that the Board put this item on a future agenda to create a committee and fund it from PILT. Paul D. agreed. Kevin cited there is a significant difference in cooperation/coordination. Coordination gives the teeth to force BLM to work with the county as a government entity. Anything that will weaken that ability is a poor choice. Kevin is in favor of a committee that focuses solely on public lands issues. This is a working document that will be reviewed as the Board sees fit. Paul D. made a motion to approve and adopt the resolution; seconded by Paul M. Ed abstained as he hasn’t a clear enough understanding. Paul M., Tommy, Kevin, and Paul D. voted in favor.

#14-RADON PROGRAM

Laura Au-Yeung from the University of Nevada Cooperative Extension office offered a power point presentation concerning the radon program. There are test kits available for county-wide use. Radon is the largest cause of lung cancer and results from direct exposure from radon in the home. Mitigation is a simple process and costs between $500-1,500. Radon is decayed uranium and is a radioactive gas. Laura showed the Board a sample test kit and how it works. Homes that have a lot of granite have higher levels of radon. Panaca has consistently tested high, Caliente has tested low. Only 25 homes have tested in LC, with 7 of those testing high.

#15-PIOCHE PUBLIC UTILITIES EMPLOYEE

Paul M. made a motion to approve advertisement for a Pioche Public Utilities maintenance position, wages not to exceed $10.00 per hour; seconded by Ed. All voted in favor.

#16-PIOCHE PUBLIC UTILITIES/PIOCHE TOWN SUMMER EMPLOYEES

Paul D. made a motion to approve advertisement for summer employees, to include lifeguards and outside help for Pioche Town and Pioche Public Utilities; seconded by Paul M. All voted in favor.

#17-COMMUNITY DEVELOPMENT BLOCK GRANT

It is anticipated, due to the cuts to domestic spending currently being proposed, that this program will be severely underfunded. The county needs to inform the Congressional Delegation as to the importance of this program. Paul M. made a motion to approve; seconded by Paul D. All voted in favor.

#18-COMMUNITY DEVELOPMENT BLOCK GRANT (HUD)

President Obama is suggesting a 7.5% cut to the 2012 budget and some Republicans are proposing eliminating the CSBG Housing and Urban Development (HUD) program in its entirety. This is an important grant for our county and we need to show our support and concern in order to continue using this money for future projects. Paul M. made a motion to approve; seconded by Kevin. All voted in favor.

#19-DETENTION CENTER CHANGE ORDER

Paul M. made a motion to approve the Change Order to Sunrise Engineering on the Detention Center, not to exceed $25,000 for construction management; seconded by Paul D. Kevin disclosed that one of the principal engineers at Sunrise is his son. Kevin abstains. Motion carries.

#20-LETTERS/SIGNATURE CERTIFICATIONS FOR GRANTS ADMINISTRATOR

Paul D. made a motion to approve the letter and signature certification to Community Services Block Grant, Department of Business & Industry, Southern NV Public Lands Management Act, and the NV Department of Energy regarding the replacement of the Grants Administrator; seconded by Ed. All voted in favor.

#21-WELFARE SET-ASIDE AGREEMENT

Paul M. made a motion to approve the Welfare Set-Aside funding agreement from January 1, 2011 through June 30, 2012 in the amount of $6,000; seconded by Kevin. All voted in favor.

#22-GRANT

This item concerns a grant from the Joint City County Impact Alleviation Committee (JCCIAC) in the amount of $11,300.00 to the Lincoln County Planning Department for the Gnomon GIS contract. Kevin made a motion to approve; seconded by Paul M. All voted in favor.

#23-LINCOLN COUNTY COURTHOUSE

This item concerns the awarding of the contract for the LC Courthouse mechanical improvements, HVAC equipment. Mesquite Electric is the recommended contractor, bid amount is $105,152.00. The county will purchase the materials. Kevin made a motion to approve the contract for Mesquite Electric; seconded by Paul M. All voted in favor.

#24-DETENTION CENTER

This item concerns the awarding of the contract for the Detention Center mechanical improvements, HVAC equipment upgrade. S&S Mechanical Contractors from St. George, UT, is recommended as the contractor, bid amount is $133,214. Kevin made a motion to award the contract to S&S Mechanical Contractors; seconded by Paul M. All voted in favor.

#25-DETENTION CENTER

This item concerns the awarding of a contract for insulation for the Detention Center Efficiency Improvements. This item is tabled to the next meeting due to questions on the bids.

#26-NEVADA STATE PUBLIC DEFENDER CONTRACT

Dylan Frehner addressed the Board regarding written notice pursuant to NRS 260.101 on or before March 1, 2011 to Nevada State Public Defender (SPD) to terminate current contract with Nevada State Public Defender in which county receives indigent defense services and other services per the contract. The county currently uses the State Public Defender’s office for all indigent defense. There is a contract that covers the entire 7th Judicial District (LC, White Pine County, and Eureka County). A letter has been received from Diane Crow outlining the SPD’s opposition to the proposal. Richard Sears, Dylan Frehner, and Kirsty Pickering are proposing to provide indigent defense services to all three counties. $105,000-$1150,000 is the amount that LC has been paying out for PD services. Dylan will be present in the county to provide services as opposed to LC paying someone from the state to travel here. PD has provided services for Caliente in the past and the City hasn’t paid for the services. Caliente isn’t included in the contract proposal; it only applies to LC. Caliente might contract with Dylan on an hourly basis to provide the limited services that they need. The funding will stay here in LC and provide jobs for LC residents. This contract would allow for the hiring of a third person to work in Dylan’s office and possibly another attorney. Dylan reviewed the letter received from Dian Crow, Nevada State Public Defender. The numbers presented in the proposed contract include a cost of $117,000, which is almost identical to the cost of using the state. The contract proposal includes payment on a quarterly basis. The county would track the hours put in and if less hours were put in Dylan would reimburse the county. Dylan estimates it will be about 21 hours per week to cover the workload; if it’s more, they will cover it since it is part of the contract. The contract for this year is capped at the $117,000. If they go over the $117,000 during the year, they will request an increase next year. Daniel advised that he’s in favor of this based on quality; the cost and contract need to be worked through more. The Board needs to decide if they will notify the SPD’s office that they are looking at other options prior to March 1. The difference between working with the SPD’s office and working with Dylan’s office boils down to quality work, Daniel cited. Dylan believes the travel hours will be limited to approximately 3 hours per week. More of the billing will be related to actual work on the case versus travel time. This would be Dylan’s priority as it will be the biggest contract that his office has. The SPD’s office only services Carson City and 7th Judicial District. There is a potential that Carson City will pull out of the state contract within the next two years based on the current study they’re conducting. Kevin questioned the ramifications if LC goes with this contract and then the SPD’s office goes away. It is believed that the state will be putting this off on the counties in the future anyway. The largest benefit to this is that an incentive is provided for attorneys to come out and bid on this contract if Dylan, Richard, and Kirsty decide not to provide this service anymore. People will be coming and going all the time from White Pine County if LC continues with the SPD contract; funding will not remain in the county. District Judge Dan Papez addressed the Board. Judge Papez didn’t advocate for this one way or the other; simply provided information. Judge Papez provided a history of the SPD. There are many benefits to this contract for LC; there will be some negatives as well. Judge Papez commented that there have been over 20 individuals come and go in the SPD’s office during his tenure on the bench. Many very young, inexperienced attorneys take the jobs in SPD to get experience. One of the positives with Dylan being located here is that he does a great job. Both Kirsty and Dylan were law clerks the same year for Judges Papez and Dobrescu. Dylan is a competent attorney and does a great job. Judge Papez and Judge Dobrescu met with all of the JP’s and DA’s of the three counties to discuss this proposal. In the event that Dylan will have a conflict, Judge Papez understands that one of the other attorneys will come down and take the representation at no extra cost to the county. The contract proposal includes that they will provide their own investigative services as well as office expenses. Judge Papez discussed the proposed contract itself. What happens if, in a year or two, Dylan decides not to do this anymore? Judge Papez believes once the county leaves the SPD that’s it; there’s no going back. All other counties in the state have pulled out due to lack of quality from SPD. That isn’t saying they don’t have quality lawyers, but it hasn’t been consistent. Dylan will also handle cases in Eureka and White Pine if those attorneys have a conflict. If Dylan leaves this contract for whatever reason, and there are no attorneys interested in taking it, the JP’s will appoint any attorney they can find at a rate of $100 per hour. Judge Papez cited that he is unaware of any other county trying to go back once they’ve opted out of the SPD contract. Discussion will be held in White Pine tomorrow concerning what will happen if White Pine and LC do it, but Eureka opts out. There are many things to weigh and consider. Judge Mike Cowley commented that a letter will have to be sent to SPD and asked what happens if the Commission sends the letter and then this contract proposal doesn’t come to pass. Will LC still be able to come back to SPD and ask for representation? March 1 is the date that we notify the SPD. Daniel assumes that if the contract isn’t signed today and only notification is sent, the new contract with SPD wouldn’t begin until July 1; we would still have time to work it out. Daniel could call Diane Crow and ask. Eureka is addressing this issue today and White Pine will address it tomorrow. Dylan addressed the issues raised by Judge Papez. The three attorneys are not in a business association and will be able to cover the conflicts between themselves. Conflicts will be addressed as they arise. Dylan didn’t have a solid answer as to what will happen if all three counties do not agree to the contract proposal. Dylan isn’t Rule 250 certified and he would have to work with an attorney who is, perhaps Bret Whipple. Bret contacted Richard and advised that he would be interested in taking part of the contract. Bret was advised that it was preferable to have an attorney who actually resided in the county. All travel expenses are covered within the contract rate. Dylan doesn’t believe there is any requirement for SPD to attend parole hearings; they haven’t included this in the proposed contract. SPD serves Caliente under the county’s current contract. The inmates that want to go before the parole board would be impacted, but it isn’t the county’s obligation. Daniel has spoken with Caliente City Attorney John Brown has advised that they are prepared to take this over. Typically a PD will not be appointed unless jail time is anticipated. Caliente only handles misdemeanors. Caliente handles only about one dozen of the type cases that require legal representation for an indigent. Richard will be getting his certification prior to the commencement of this contract and Dylan intends to become death penalty certified. Dylan commented that the contract is for four years and he will be obligated to provide this service for that period of time. Dylan has no intentions of relocating. Paul M. made a motion to send written notice to Nevada State Public Defender regarding termination of the current contract for indigent services; seconded by Kevin. Daniel will call Diane Crow to discuss what will happen if the proposed contract doesn’t work out. The SPD for White Pine is currently down to two attorneys with no staff. The only concern that Dylan has is that they might pull out of the current contract. All voted in favor.

#27-INDIGENT DEFENSE SERVICES

See Item #26 for discussion concerning this item. Daniel suggested that this item be continued so that he might work out some of the contract details. No action is taken on this item.

#28-BLM PRESENTATION

Elena Montenegro-Long of the Bureau of Land Management (BLM) offered a power point presentation concerning special legislation in LC, Southern NV Public Land Management Act (SNPLMA), Lincoln County Land Act (LCLA), and Lincoln County Conservation Recreation Development Act (LCCRDA).

#29-LC NUCLEAR OVERSIGHT PROGRAM

Connie Simkins addressed the Board. A letter was received from Peter Lyons on February 11 advising that LC will receive funding for the year that we are in now. Funding should be received within the next week or so. 42% will be the amount received, or approximately $400,000. NRC released the safety evaluation report Volume 3; all of the conclusions and sensitive information had been blackened out. So it continues to be unknown whether or not it is safe to build Yucca Mountain. Nuclear Waste Technical Review Board was held last week and the subject matter for most of the discussion was that the science people on this board are looking at deep borehole disposal as considered in 1980s.

#30-SITE SPECIFIC SOLAR ENERGY PROJECTS

Connie Simkins advised that this letter goes to Col. Stephen Garland. Kevin made a motion to approve the letter to Colonel Stephen Garland at Nellis Air Force Base supporting site specific solar energy projects; seconded by Ed. All voted in favor.

#31-SOLAR PROJECTS

Connie Simkins advised that BLM has new interim management for handling renewable energy projects. If the Notice of Availability hasn’t been issued by BLM the proponent of any project currently under application must have public meetings that involve the state and local officials and they must comply with our master plan. Connie discussed the lunch and the tour across Delamar Valley/Buckhorn allotment. Discussions regarding impacts to this allotment were held. The white sage is the backbone of this allotment and if the acres were taken out of the middle it would result in irreparable damage, including heavy impacts to both Delamar Cattle Company and Vaughn Higbee’s cattle operation. The Air Force had an activity five years ago on the Buckhorn Allotment that lasted ten days; you can still see where the tent was as there is no vegetation in that area. Mr. Sanders’ well informed discussion, and the impact of the tent, was extremely influential. There were six people from Argon on the tour, and one of the gentlemen was a range scientist. Very good questions were asked. The document manager told Connie that our comments were received but they hadn’t taken the time to consider them as they were under such strict timelines to produce the draft. Our comments will be considered in the Final. The Final EIS will not say which areas are suitable and which are not. That decision will be made up the line politically by at least an undersecretary, and maybe even the Secretary of Interior. All of the science will be moved by a political decision. They then moved to Hwy. 93 where the power line crosses and looked out to the north, across the Cliff Springs allotment, Ely Springs cattle and sheep allotments, Simpson, and parts of Wilson Creek allotments. Kena Gloeckner attended the tour and provided a great statement as to how that will impact her winter range. It will take all of her winter range in the Simpson allotment and most of Kena’s winter range in the Wilson Creek part of the allotment in Dry Lake Valley bottom. The white sage is extremely sensitive and the operations of a number of families would be ruined if these areas were taken. Don Pattalock invited the solar energy projects to be put on their Ely Springs cattle and deeded acres. The solar developer commented to the representatives from Argon that if everything on the Ely Springs cattle allotment that will produce much more energy than the SWIP south line has the capacity to handle. The 10,000 acres recommended by the Board is much more area than is needed. Further, when on Buckhorn the solar energy representative said that a solar energy plant can be developed on the dry lake bed as proposed, but it will take a lot more money and his company will not make application as it is not economically feasible. About ten people spoke at the evening meeting. Kena spoke and described the difference between winter and summer ranges. After the meeting, the lady from BLM said that the most influential thing for her were the statements in the field and testimony on record of John Sanders and Kena Gloeckner. Jeremy Drew and Mike Baughman are working on a computer form that BLM and DOE use to compare comments on the scoping process to things written in the draft and how these things don’t match. Formal written comments on this draft will be submitted at a future meeting for the Board’s review.

#32-LAND TRADE

This item concerns negotiation of Company and Vaughn Higbee’s cattle operation. The Air Force had an activity five years ago on the Buckhorn Allotment that lasted ten days; you can still see where the tent was as there is no vegetation in that area. Mr. Sanders’ well informed discussion, and the impact of the tent, was extremely influential. There were six people
from Argon on the tour, and one of the gentlemen was a range scientist. Very good questions were asked. The document manager told Connie that our comments were received but they hadn’t taken the time to consider them as they were under such strict timelines to produce the draft. Our comments will be considered in the Final. The Final EIS will not say which areas are suitable and which are not. That decision will be made up the line politically by at least an undersecretary, and maybe even the Secretary of Interior. All of the science will be moved by a political decision. They then moved to Hwy. 93 where the power line crosses and looked out to the north, across the Cliff Springs allotment, Ely Springs cattle and sheep allotments, Simpson, and parts of Wilson Creek allotments. Kena Gloeckner attended the tour and provided a great statement as to how that will impact her winter range. It will take all of her winter range in the Simpson allotment and most of Kena’s winter range in the Wilson Creek part of the allotment in Dry Lake Valley bottom. The white sage is extremely sensitive and the operations of a number of families would be ruined if these areas were taken. Don Pattalock invited the solar energy projects to be put on their Ely Springs cattle and deeded acres. The solar developer commented to the representatives from Argon that if everything on the Ely Springs cattle allotment that will produce much more energy than the SWIP south line has the capacity to handle. The 10,000 acres recommended by the Board is much more area than is needed. Further, when on Buckhorn the solar energy representative said that a solar energy plant can be developed on the dry lake bed as proposed, but it will take a lot more money and his company will not make application as it is not economically feasible. About ten people spoke at the evening meeting. Kena spoke and described the difference between winter and summer ranges. After the meeting, the lady from BLM said that the most influential thing for her were the statements in the field and testimony on record of John Sanders and Kena Gloeckner. Jeremy Drew and Mike Baughman are working on a computer form that BLM and DOE use to compare comments on the scoping process to things written in the draft and how these things don’t match. Formal written comments on this draft will be submitted at a future meeting for the Board’s review.

#32-LAND TRADE

This item concerns negotiation of a land trade between Lincoln County Panaca Pioneer Park and Panaca Farmstead Association. The property being considered for trade is near the Panaca Transfer Station in exchange for land adjacent to the park. Cory Lytle asked the Board if they want to move forward with this or not. There are minor costs involved and Cory has a commitment from Adam Lewis for payment of the final parcel map. Two appraisals will have to be done; LC will pay for one ($750) and Panaca Farmstead will pay for the other. Paul M. made a motion to authorize Cory to continue to negotiate with Adam Lewis and Panaca Farmstead to resolve this issue; seconded by Kevin. All voted in favor.

#33-OPEN SPACE PLAN

Paul D. made a motion to set the public hearing on the resolution adopting the LC Open Space and Community Lands Plan for March 21 at 1:00 p.m.; seconded by. All voted in favor.

#34-STATE CONSERVATION DISTRICT

This item concerns a letter from the Nevada State Conservation Commission asking for help and support to express opinions about the proposed elimination of the State Conservation Commission. Paul D. made a motion to send a letter of support for the NV State Conservation Commission; seconded by Ed. All voted in favor.

#35-CALIENTE ANNEXATION

The Board reviewed the parcel map from the City of Caliente and acknowledged the annexation properties.

#36-ALAMO DUMP SITE

This item concerns action permanently needed to clean up the Alamo Dump site. Horseshoe shaped fencing needs to be installed and monthly maintenance will be required. Wade Poulsen suggested that the Board work with Alamo Town Board concerning the use of the wood chips. Wade suggested that Alamo can use the chips for the new parks. There is some discussion about leaving a pile of chips; if the chips aren’t used, the pile will be enormous and have to be cleaned up and loaded. Tommy commented that the chips need to be checked to make certain that they don’t have thorns in them or seeds. Paul M. made a motion to make a horseshoe shape in the fence and make a chip pile; seconded by Ed. All voted in favor.

#37-ALAMO DUMP SITE

Paul M. commented that a fund was designated at the last meeting but the action taken wasn’t solid as cost was unknown. Paul M. cited that the PILT monies are restricted and can’t be used for this. Paul M. suggested that Fund 87 be used. Paul D. made a motion to pay for the cleanup of the Alamo dump site out of Fund 87; seconded by Ed. All voted in favor.

#38-AMBULANCE ADMINISTRATOR

Tommy stepped down from his position as Chairman and disclosed that Melissa Rowe is his daughter-in-law. Tommy also took no part in discussion or action on this item. There is some discussion concerning paying the EMT trainer. This position hasn’t been paid to date. Paul D. made a motion to hire Melissa Rowe as Ambulance Administrator, $1,000 per month; seconded by Paul M. Tommy abstains. Motion carries. Tommy resumed the Chair and his duties.

#39-EMERGENCY MEDICAL TECHNICIAN TRAINER

Paul D. will discuss this issue with Melissa Rowe and Ann Smith. No action is taken on this item.

#40-WILDLAND DESIGNATION

This item concerns a resolution opposing Interior Secretarial Order 3310 allowing BLM to designate “Wild Lands” without Congressional approval. Paul M. made a motion to approve and send the resolution; seconded by Ed. All voted in favor.

#41-COMMISSION MEETING BROADCASTING

Paul D. has spoken with Paul Christian about this item. Paul Christian would like these broadcasts to be of a certain quality and he continues to work on locating equipment and costs. No action taken on this item.

#42-LEGISLATIVE ISSUES

This item concerns the Board’s plan to address issues that pertain to the Legislative session, such as travel, testifying, and any other related matters. Paul M. received a letter from Senator John Lee inviting him to testify in front of the Senate Government Affairs Committee. It would be important for the development of unified talking points knowing that not one of the Commissioners can stay in Carson City for the duration of the Legislative Session. Daniel advised that the Commissioners can sign up on the Legislature’s web site to receive email updates about hearings with regards to specific bills. Paul D. suggested that Denice track these bills and let the Commissioners know when they need to be in Carson City.

#43-PUBLIC COMMENT

Tommy called for public comment. Phyllis Robistow, LC Grants Administrator, said goodbye and thanked everyone. Phyllis has enjoyed the work that she’s done for the county. The Board extended their gratitude for Phyllis’s hard work. Connie Simkins advised that the N4 Grazing Board will be commenting on BLM’s plan to improve the parking/camping areas next to wilderness areas in NV. Paul D. stated that it is important when decisions are made that the Board presents a united front. Ed commented that Connie Simkins does a wonderful job on the solar issues.

#44-ADJOURN

There being no further business for the Board to attend to, Paul M. made a motion to adjourn the meeting at 4:45 p.m.; seconded by Paul D. All voted in favor.

 

Attest:_______________________________________

Approve:_____________________________________


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