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July 5, 2011


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



Tommy Rowe
Ed Higbee
Paul Mathews
Phil Donohue
Kevin Phillips


Chairman Tommy Rowe called the meeting to order at 9:10 a.m. Clerk Lisa Lloyd called the roll.




Tommy Rowe
Kevin Phillips
Paul Mathews
Ed Higbee
Phil Donohue

Lisa Lloyd, Clerk
Daniel Hooge, District Attorney


There is a quorum present and the agenda was posted on 6-28-11. The Invocation is offered by Ed and Paul M.
led the Pledge of Allegiance.


#2 Approve/Deny minutes of Jun 20, 2011 meeting

#3 Approve/Deny acceptance of grant and cooperative agreement with the Bureau of Land Management for time extension of the Southeastern Lincoln County Habitat Conservation Plan to 7/13/2013.

#4 Approve/Deny grant award from Community Service Block Grant (CSBG) in the amount of $50,487.00

#5 Approve/Deny original and renewal business licenses with staff recommendations (an itemized list of business licenses is available for public review in the Building Department prior to the meeting).

Kevin made a motion to approve the consent agenda minutes, with the exception of Item 5, which will be handled later today; seconded by Ed. All voted in favor.


Recorder/Auditor Leslie Boucher presented the vouchers and cash balance report. General County has a balance of $650,329.96 with estimated expenditures being $256,827.35. This leaves General County with a balance of $393,502.61. Transportation has a cash balance of $28,965.25 with estimated expenditures being $4,312.72. This will leave Transportation with a balance of $24,652.53. Nutrition has a cash balance of $5,804.41 with estimated expenditures being $12,917.65. This leaves Nutrition with a negative balance of $7,113.24. Leslie advised that the county will get hit with a violation unless funding comes in. Denice Brown advised that Nutrition has had some expensive repair issues with the meals-on-wheels vehicles and they had a freezer go out. Detention Center has a negative cash balance of $7,631.50 with estimated expenditures being $138,070.30. Receipts not posted total $158,060.00. Detention Center will have a balance of $12,358.20. Solid Waste has a balance of $78,031.58 with estimated expenditures being $19,963.56. Solid Waste will have a balance of $58,068.02. Solid Waste Fund owes Water Plan/Development Fund, Fund 87, $27,484.15. Taxes aren’t apportioned until the end of August. Airport has a balance of $557.33 with no expenditures. Planning has a balance of $20,395.82 with expenditures being $2,669.12. Planning will have a balance of $17,726.70. Building Department has a balance of $17,324.23 with estimated expenditures being $4,622.40. This leaves Building Department with a balance of $12,701.83. Paul M. made a motion to approve the vouchers as presented with the exception of the Mountain Mercantile and LC Telephone vouchers; seconded by Ed. All voted in favor. Ed made a motion to approve the Mountain Mercantile vouchers; seconded by Paul D. Kevin disclosed that he is part owner of Mountain Merc, and he abstained from all discussion as well as the vote. Motion carries. Kevin made a motion to approve the LC Telephone System vouchers; seconded by Ed. Paul D. abstains from discussion and the vote pertaining to this issue as he is employed by LC Telephone System. Motion carries.


Kevin made a motion to approve the business licenses as submitted; seconded by Paul M. All voted in favor.


CLERK Lisa Lloyd reminded the Board that the Northern Panel of the Supreme Court and the NV Judicial Historical Society would like to make a presentation to the county of a plaque to honor LC and its first district judge. This presentation will be October 11 and Judge Dobrescu has requested that all of the Board members be present to accept. The Supreme Court did not change the date of the special election; it is still September 13. SHERIFF Kerry Lee advised that they didn’t pass the health inspection due to the hot water heater. It will be replaced. Clark County Detention Center contract is up for renewal and Kerry will be sending letters out to the Board containing pertinent information. Sheriff Gillespie has the final say on the contract, but it must also be approved by Clark County Commissioners. Kerry cited that there are beds available, not for the same price as ours. CC is very happy with the service they’re receiving. A small rate increase might be considered this year, but Kerry cited that he doesn’t want to price the county out of the contract. GRANTS ADMINISTRATOR Shawn Frehner met with Rachel residents, who are happy about the park upgrades. Shawn has been working with Panaca Town Board on the park there as well. Kevin commented that we need to make certain that all documents pertaining to the park in Rachel need to refer to the park as the “D.C. Day Park” as opposed to “Rachel Park”. Shawn advised that Grover C. Dils Hospital is working on a wellness grant for a walking path that will connect to Super Park. GCDC is also talking about including fitness centers for the communities. There was discussion about the Commissioners allowing the hospital to put a fitness center in the old Panaca Elementary School building. Kevin cited that we need to be careful not to place government in competition with private individuals. Panaca has a fitness center open as does Caliente. Shawn will be on personal leave August 1-5. BUILDING/PLANNING DIRECTOR Cory Lytle stated that the Homebuilders Association would like to meet with some of the Commissioners regarding the new energy conservation codes. The state has new mandates for energy conservation. Mike Childers from Sturgis Electric is working on a cooperative agreement with the Road Department. HVAC renovation is underway and they are looking at upgrades to the windows. Planning Department is going to have to work heavily on land disposals. Public scoping meetings on the wind projects are coming up. SNWA pipeline draft EIS is out and comments will be taken for 90 days. Business licenses are renewing right now, and it’s been very busy. NUCLEAR OVERSIGHT PROGRAM COORDINATOR Connie Simkins stated that the NV Commission on Nuclear Projects had a meeting last week; budget has been cut to $134,000. NV is looking for a new director of this department; five people were interviewed and ranked. The NRC has refused to release the unredacted Safety Evaluation Report. US District
Court of Appeals has ruled, and Connie reviewed it for the Board. Linda Resigue has notified Connie that thousands of comments have been received on the Solar EIS; no decisions have been made, but the land will be withdrawn from new mineral exploration. New Jersey and Minnesota have renewed their nuclear power license for another 25 years. Los Alamos has been closed due to a fire, but will reopen tomorrow. JCCIAC will meet on August 11 at City Hall in Caliente. There is a new technology that makes wind turbine blades with stealth technology so that they can be invisible to 99% radar. The SNWA water pipeline EIS is roundly criticized by BLM in EIS. There are many things that will happen if the water system is lowered 25 ft. Connie will participate in the wind energy scoping meetings next week in Cedar City, Las Vegas, and Ely.


This item is covered under separate agenda.


This item is handled .


This item is covered under a separate agenda.

#11-RESOLUTION #2011-22

This is the time and place for continuation of public hearing on the LC Solid Waste Management Plan. Cory Lytle requested, on pg. 6, elimination of the last sentence about Western Elite having filed for a Class I permit. Tommy called for public comment. None offered. Paul D. made a motion to adopt the plan with the exception of the statement on pg. 6; seconded by Paul M. All voted in favor.


Dylan Frehner, representing Jim Vincent, addressed the Board. Previously, Mr. Vincent requested a postponement of 6-9 months on the sale of properties that have been taken for tax deed. Treasurer Kathy Hiatt is asking the Board for direction as to whether or not they want to sell the properties that have been taken for delinquent taxes. 90 days written notice is required for public auction, and it must be published at least 20 days before, Daniel advised. Dylan advised that any of the individuals’ properties can be redeemed within the 90 days. Mr. Vincent has potential buyers for the project. Dylan requested an extension to December 31, 2011 before the Board decides to sell delinquent properties. Dylan advised that Mr. Vincent is positive he can get the taxes caught up by December 31 and keep this as a viable project for LC. Kathy stated that none of the other property owners have requested a time extension; we don’t usually hear from them until they’ve been notified. There is one that will require the individuals to pay the county rent; this catches up their taxes. The rental fee is prorated to cover the current year and the new year. As long as we have a tax stay, all of the taxes due this year will have to be paid before the lien is released. These properties are three years delinquent, and this month it will be four years delinquent. Mr. Vincent stated that he doesn’t feel good about asking for an extension but this is a viable project for someone that doesn’t have as much expense put into it like he does. Mr. Vincent discussed the history of the project. There are about 60 improved properties in the Vincent development, which was envisioned to have small growth. Elk View Ranch and Vincent Development will allow the county to grow slowly over the next several years. If someone else were to purchase the property it would make the project viable again. Mr. Vincent stated that he appreciates the Board’s consideration. There are 41 other properties that will receive this extension if approved by the Board. Kathy asked if the person that is in the house will be given an extension or will they be made to pay rent. Daniel advised Kathy to make them pay rent as they are occupying the property. Paul D. made a motion to approve a 90-day extension; seconded by Paul M. All voted in favor.

#13-RESOLUTION #2011-21

Paul M. stated that he is committed to reducing staff spending or staff numbers as opposed to raising the taxes. If the general county tax is raised in any way then Coyote Springs and Caliente will have to be lowered. Doug Carriger stated that NRS lays out procedure for changing the tax rate; all agencies must agree to the change or it goes to the NV Tax Commission for consideration. Paul D. made a motion to approve the resolution adopting the tax rates for the 2011-2012 fiscal year; seconded by Paul M. All voted in favor.


This item concerns fiscal impacts of the 2011 NV Legislature’s actions to transfer some Health, Juvenile, Child Support, Child Protection Services, and the Parole & Probation Pre-Sentence Investigation reports. Estimated costs for these services are approximately $92,000. Tommy suggested that this item be tabled until the independent auditor, Dan McArthur, can be present. Tommy stated that Mike Willden, NV Director of Health & Human Services, has indicated his willingness to answer any questions that the county has. Recorder/Auditor Leslie Boucher asked if this issue has been reviewed by the DA’s office. Yes. Daniel advised that the county will have to provide a plan for certain services, subject to Governor’s approval. It is possible to opt out of several services, but it would require training and county personnel. Daniel suggested that the county can opt out of STD testing. The total that the county can opt out of is still only half of the $92,000. It boils down to either the county pays for services, or they create a plan and employee to provide the services. It was suggested that the county can do restaurant inspections. The county can pass an ordinance outlining the qualifications needed to perform inspections. In order to opt out, a detailed plan must be created and approved by the Governor. The county can pass an ordinance to make a health district. The Board agreed to hold a special meeting so that Mike Willden and Dan McArthur can be here. Leslie spoke with Dan, who suggested that any of the medical requirements be paid from Fund 38 and all other items from FIL. Phyllis Robistow advised that the only way charges can be paid from Fund 38 is if the individuals are medically indigent. Phyllis stated Fund 10 is also available. Paul D. asked what happens if the county can’t afford to pay these and chooses not to. Paul D. stated that the law was changed after budgets had to be turned in. Cory Lytle commented that he spoke with Chuck Stahl concerning the state’s mandate about health inspections. Cory stated that a commercial building inspector doesn’t do much more than the health inspector does. Cory believes that this is a task that can be handled by county employees. No action is taken.


There are currently 86 inmates, 11 of those are county. The hot water heater must be replaced; the Detention Center failed the inspection due to the condition of the water heater.


Paul D. stated that Pioche Town Board received several letters of interest at the time that Danny Lloyd was appointed. Pioche Town Board asked to be able to select the new member from the letters of interest received at that time. Pioche Town didn’t cite a specific date for receipt of letters. In the interim Cindy Free submitted a letter of interest. Paul D. cited that Cindy hasn’t missed a town board meeting in over three years, she lives in Pioche, and has lived here all her life. Leo Schafer also submitted a letter of interest. Paul D. recommended that the Board appoint Cindy Free as she is current on the issues and would be a good fit. Paul D. made a motion to appoint Cindy Free to Pioche Town Board; seconded by Ed. All voted in favor.


Shawn Frehner presented a request from the Airport Board to spend $800 for a consultant on a grant. One of the requirements for FAA is that we have another estimate from a separate individual to verify that Armstrong Consultant’s (our current engineer) fees are what they should be. Ike Independent Cost Estimates is the company the Airport Board would like to hire; they’ve used them before. This cost can be reimbursed once the grant is received, but at this time it will be $800 for Alamo Airport and $800 for the fuel farm. The Airport Authority doesn’t have funding to cover this amount. Shawn cited that she wasn’t comfortable approving expenditures for a grant that hasn’t been received yet. Paul M. stated that it would be nice to hear from the community as we get closer to the grant. What type of ongoing costs will be associated with maintenance? Discussion needs to be held about how this fits into the community plan and what the potential uses are. Ed stated that these grants will be helpful for bringing in business in the future. If the Board turns these grants down, it could be years, if ever, before funding to improve the airports will be awarded again. Shawn has asked Wendy Rudder to have a written plan as to how these airports will be maintained. Lincoln Air has agreed to help with weed control at the Alamo Airport. Taxes from the airport are going to the Assessor. A pilot has requested permission to build another hanger in Panaca and there is an interested person who would like to do the same in Alamo. Lincoln Air consists of Burt and Wendy Rudder. Paul D. made a motion to approve the expenditure of $1,600 out of PILT Grant Match Fund; seconded by Ed. All voted in favor.


Grants Administrator Shawn Frehner advised that the presentation at the last meeting was not completely accurate as to the expenditure of the grants totaling $400,000. There are two grants, one from CCA/SHPO in the amount of $165,000, which must be spent by August 30. There is a second grant for over $200,000 that must be spent by September 30, 2012. WR Henderson of Rexburg, ID, is the only bidder on the Million Dollar Courthouse grant. $340,000 is the total grant amount we have for construction; WR Henderson’s bid was over $450,000. Shawn is working to adjust the scope of work to make it fit within the amount of funding we have through the grant. There is a portion of the retaining wall that needs to be repaired; it isn’t as critical as some of the other issues. MDC’s time frame is very strict. It is important to keep the process moving. The Notice of Award for today is for $340,000. If all parties can’t agree to this amount, the project will not be completed and both grants will be gone. As of this moment, we do not have approval from SHPO or National Parks; Shawn continues to work on this. The contractor is aware of the current situation and the time frame. Kevin made a motion to award the bid to WR Henderson pursuant to the contingencies discussed in the minutes; seconded by Paul D. Shawn asked if she needed to bring the actual contract before the Board for approval. No, Daniel cited, she just needs to get a Commissioner to sign the contract when it is received. All voted in favor.


Grants Administrator Shawn Frehner presented the contract for the conclusion of the Lincoln County Park upgrade projects (Panaca and Rachel parks). Lincoln County Park upgrades had four bidders, highest was $2.2 million. Shawn is requesting a Notice of Award for Jim Wilkin Trucking, who was the low bidder at $689,162.67. Paul M. made a motion to award the bid to Jim Wilkin Trucking; seconded by Kevin. All voted in favor.


Daniel cited that the LC Law Enforcement Association (LEA) has been working on drafts back and forth. Concessions were made and one of them was that the county wouldn’t lay off based on the budget as it was submitted. If the state hit the county with any major responsibilities, that would change. Daniel advised that LEA wants a 100% guarantee that there will be no layoffs, regardless of what happened with Legislature. That guarantee can’t be given. If people are laid off, then all concessions given would be paid back and then the Board can layoff whoever they choose. The Sheriff would hold the burden for the layoffs since the Board has already submitted the budget. Daniel spoke with Dan McArthur concerning specific costs for the concessions. Leslie is bound by the contract until it is amended; this means Leslie is also paying uniform allowance as it is usually paid the first of the year. Physical agility is another immediate cost to consider. Daniel is concerned that if the Board signs the amendments now, knowing about the $92,000, and that layoffs may be imminent, it could result in a legal timing problem. If additional staff reduction is needed, Daniel cited that the Board shouldn’t sign
the contract amendments now. If these two agreements are signed, it leaves the employees that aren’t part of the unions unprotected. There is some discussion about the fact that the Board doesn’t only need to consider funding $92,000, there is the $15-20,000 for the special election, and the gap in funding for Building/Planning (approximately $45,000). Paul D. stated that he was under the impression that all union reps understood that all bets could be off based on what happened with the Legislature. Daniel read the sentence added by LEA, “in the event of layoffs, the above amended articles will be rescinded and compensation will be retroactive”. Paul D. commented that we are no better off with this new statement; it could result in laying off two people instead of one. Paul M. advised that the retroactive language was never discussed. Paul M. made a motion to approve Version 4.0 of the LEA contract amendment, which does not contain the reference to retroactive pay in the event of layoffs; seconded by Paul D. All voted in favor. Kevin stated that those who work directly for the Commissioners, who are not covered by contracts, deserve to be treated just like everyone else. Kevin stated he feels that the Board should make that happen; they do just as much work as anyone else. Paul D. stated that the non-unionized people are not the county’s most expensive employees; cutting non-union employees won’t allow for the county to make enough money back. Paul D. further stated that the non-union employees need to trust the Board and know that treatment of non-union and union will be equal. Tommy stated that the non-union employees are the “mechanics that keep everything running” and they are important to the Board. The county can’t pay them what they’re worth, but they’re important. Tommy further stated that the Board appreciates what the non-union employees do. Dawne Combs thanked Kevin for acknowledging the non-unions, and thanked the Board for not giving a no-layoff clause to the unions since those who aren’t covered by unions have no protection. Tommy suggested that one of the ordinances might be changed that would allow the Board to borrow existing funds, but this would also require a plan to pay it back. Kevin stated that borrowing money is no way to get out of debt.


See above item as some of the discussion covers this agreement. Daniel cited that he redrafted the contract and sent it back to Teamsters, who will need to put it before the units for approval. The Teamsters Local 14 Collective Bargaining Units amendment extends the current agreements for one fiscal year at current wages and promises no layoffs. Paul M. made a motion to approve the DA’s draft of the Teamsters Local 14 amendment; seconded by Kevin. All voted in favor.


Clerk Lisa Lloyd advised that, as she had warned repeatedly, the state will certainly not be paying for the 2011 Special Election. State will be refunding basic ballot stock costs, but that usually doesn’t exceed $150. Lisa advised that her best estimate for costs is about $20,000, but she certainly hopes it will be a great deal lower. Paul M. feels that this falls under Fund 87. Paul M. made a motion to pay for the special election out of Fund 87, up to the amount of $20,000; seconded by Kevin. Lisa asked if Kevin needs to abstain from voting on this issue as she is related to him. Daniel responded that it didn’t benefit me personally so Kevin is able to vote. All voted on favor.


Lisa advised that Judge Dobrescu is available this morning if the Board has any questions on the agreement. Costs for the district court are divided between LC, White Pine, and Eureka Counties; costs are based on population figures on file in the State Demographer’s Office. 4,361 is the current population of LC, and this translates into LC being responsible for 30% of the district court costs. This is an increase over the 27% LC paid last year, but population has increased slightly. Daniel advised that the Judges aren’t aware of what the final budget numbers are. Lisa advised that she spoke with Judge Dobrescu last week about this agreement; the Board needs to fund the agreement. Paul M. made a motion to accept the cooperative agreement between LC/Seventh Judicial District Court; seconded by Paul D. All voted in favor.


Paul D. commented that he isn’t comfortable with the county taking over the maintenance of this path. The agreement is between LC/NDOT, and includes snow removal, patching, and several other things. Peter Peterson, Panaca Elementary School Principal, originally pursued this grant through Safe Routes to School. Tommy feels this path may turn into a very expensive project. Paul M. doesn’t understand why the path is being built when not all of the contracts have been approved. Paul D. commented that the county is accepting responsibility to adhere to all of NDOT’s right-of-way requirements. The path is built in the flood plain. Paul M. stated that it looks like the trail will go down through the dips. Paul D. advised that they are putting culverts in the two large washes, but there is a dip at the drive in where they’ve put cement in and rip rap. There is discussion about how the heavy traffic will be kept off the corner; it can’t be done without barricades. Cory Lytle spoke with Steve Hansen. Steve and Nykki Holton are willing to work with the county on maintenance. Cory feels the stipulations in the agreement should be removed before agreeing to the contract. Cory stated that if the county doesn’t do the maintenance, NDOT will bring in a crew to do maintenance and assess the charges to the county. The cooperative agreement is from NDOT as originally it was agreed that the county would do the maintenance. At this point, Paul M. cited that a meeting needs to be held that includes the school district, county, and NDOT. Cory advised that Panaca Town has received another four wheeler from BLM, which could possibly be used for maintenance. Paul D. agreed with this, but stated they don’t have staff to do it; it would be a town board member out doing the clearing. Paul M. agreed that this isn’t the county’s project. Cory will continue working on this issue. There is discussion about the portions of the path that cross the highways; how will that be handled? Judge Mike Cowley asked how far the right of way goes by Laird Whipple’s fields. The engineers are staking that portion of the path today. Paul M. stated that he doesn’t know of any other kids, besides his, that will use that portion of the path. Paul M. further cited that he hasn’t pushed for this path. The Board agreed that the path will be used quite a bit, but there will definitely be crossing issues. Paul M. reiterated his question about how the heavy haulers will be kept off the portion of the path at the junction. No action is taken on this item as Cory and Paul M. will work towards holding a teleconference with NDOT, LC Road Department, LC School District, and the county (Paul M. and Paul D).


The LC Personnel Policy as approved in April 2010 has been emailed to the elected officials and department heads. Leslie asked that it be spelled out how to handle a full time, part time, and seasonal employee (are they covered under insurance, and what benefits go with what positions); Daniel will work on this. 5.16.3 addresses meals: “meals are reimbursed at per diem rates including a reasonable tip”. Daniel stated that this will be taken out in future amendments. Paul D. cited that per diem is per diem, we shouldn’t include a tip. No reimbursement will be paid for any meals that are part of a class or meeting. Leslie asked who this policy applies to. The Board agreed that if the conference provides meals then people should not be reimbursed; this applies to everyone. Leslie asked what policy we are following. We are to follow the April 2010 policy. Leslie stated that using the policy hasn’t been signed off on. Technically, the budget is set by the Commissioners and then the elected officials run their budget how they want. Paul D. advised that the Commissioners have voted to follow the April 2010 policy and if an elected official chooses not to use it, then that’s how it is. All other
departments that aren’t directed by an elected official will fall under the purview of the PP. The Board agreed that all employees should be following the April 2010. Phyllis Robistow suggested that the Board have all employees sign off on the April 2010 PP, and updated signature pages should be required for all PP updates. Paul D. stated that notice needs to be sent to all employees of the need to sign off. When someone signs off on the PP, it isn’t an agreement; all it says is that they’ve received it and read it. Daniel will contact all department heads to obtain signatures. Shawn stated that the most recent emailing of the PP doesn’t include the date on it, so there is still confusion about which is which.


Cory Lytle advised that comments will be issued by the Planning Department. Paul D. made a motion to approve the comments letter to BLM; seconded by Paul M. All voted in favor.


COMMISSIONER PAUL MATHEWS advised that he was contacted by Brenda Linnell, who asked if we would have a representative at Friday’s stakeholders’ meeting. Cory will attend. COMMISSIONER TOMMY ROWE reported that he and Kevin made public comment at the BLM office on June 21 concerning roads in the northern end of LC that would be closed. Tommy attended a NACO teleconference on June 24. Planning and Strategy meeting was held on 7-1 with N4 Grazing Board, Mike Scott, and Resource Concepts. Tommy worked with Jeremy Drew over the weekend and showed him the back country. Cory stated that Jeremy Drew was appointed to State Wildlife Commission. COMMISSIONER ED HIGBEE met with the LS Power/NV Energy Group, Luke Papez and Mr. Sullivan. Ed stated that communication needs to continue. Ed advised that the cattle guards have been requested. Ed stated that they’ve agreed to contact permit holders individually. Connie stated that cows have been killed on the highway in the Lund area due to gates being left open. Ed discussed micro loans that are available in amounts up to $5,000. There are no teeth in this and the county can’t force the individuals to do anything. Half of the loan is reimbursable through a grant and the other half is county money. There is no way to enforce the repayment on these loans. Ed read in the Las Vegas Sun that our Senior Senator has been going to China to obtain contracts for a solar energy field. Ed contacted Coyote Springs about this and was told that CS would love to have the solar field versus them taking it to Laughlin. An amendment to the development agreement would be required to allow them to get more industry. Connie stated that the location of this is down by Laughlin where the Senior Senator owns 160 acres. Ed will put this on a future agenda. COMMISSIONER PAUL DONOHUE attended the meeting with NV Energy/LS Power as well. Paul D. continues to work on getting the Commission meetings online.


Tommy called for public comment. Connie Simkins invited the Commissioners to attend the wind energy meetings next week so that people can know what stand LC has taken.


There being no further business for the Board to attend to, Tommy adjourned the meeting at 2:36 p.m.



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