Philosopher  Camus  wrote “Always go too far, because that’s where you will find the truth. “

White Pine County Commission Meeting, August 8, 2018

Public Comment

Bassett made a comment that he would like to discuss the prioritizing of the SNPLMA grants. Mike Wheable  informed him that the item had been tabled.

George had several item including  the business license the County is going to require, he was interested in the tax part of the license. Howe informed him that this would also be tabled. He also stated the need of a new newspaper, a new cable company was also one of his concerns.

Howe also announced that item D2 – discussion with the local ranchers and farmers was tabled.

Fire Commission

Ward reported that they had 79 calls

5 small wildlands

58 medical assistance

9 motor vehicle accidents

6 medical assist

The average time out the door was 2 minutes and 45 seconds.

We have assisted the BLM and other entities with 9 Wildland fires including Utah, Las Vegas and Wyoming.

The estimate income from this activity is around $100,000. This should cover the overtime we have been accumulating and we have been able to have full Services out of our fire stations.

   Nye County has some excess property and would like to donate a 2005 Kenworth Fire Water Tender to Lund Volunteer Fire Department.

Discussion only from the new Fire Chief / Director of Emergency Services, Keith Westengard.

I don’t know if this is the appropriate time to bring this up or not. Some things have come up and I have to bring some things to this Commission. This position is something that I really wanted, however it is a legal issue. I didn’t break the law I want you to know that. It has to do with the Family Trust in California. This is going to take a lot of my time, according to my attorney it could take as little as two weeks or up to a year.

   I wanted to come to this County and hit the ground running to make this department what it could be, but I do not feel that I can do this at this time.  Chief Ward has given me some suggestions and is willing to work with me, but ultimately it is your guys decision.

   I have spent a lot of time talking to my wife, Bill Ward and in prayer for this decision. This position is one that I have looked forward to for many years. This is the third time I have applied for this job and here I am. So I want to put it on the table for you guys. I don’t want anything hidden from you. I would be happy to answer any questions from you, or discuss any options. I don’t want to just walk out the door we’ve both put a lot of time and energy into this.

Howe “ Sounds to me that maybe you’ve made your mind up and the commission cannot move forward with this because we can’t be in the dark. We can’t have you saying two weeks that you have to go anyway. How much time we can allow you off is a negotiable item. It is your decision to withdraw and not accept this position, or is it your do have this commission work out a negotiation as to where we can satisfy some of your time off. We can’t afford to have a fire chief that has to take off every month or leave this government agency at Bay. So my question to you is do you think you can put the time in the effort into being a fire chief in White Pine County or do you think you can’t?”

Perea “ Have you given your notice to your former employer?”

Westengard  “I haven’t because I don’t have a firm job offer in place.”

Perea “ If we go ahead and approve, will you give notice?”

Westengard  “Well yes. I would but I have not made up my mind completely yet of what I want to do. I don’t know where I am at, I want to give the district a hundred percent. I’m here to tell you I have not made up my mind yet, I’m here to tell you where I am in my life. This is a decision that affects me as far as our Family Trust goes it affects me my kids and my grandkids. I have not given notice and I don’t have a solid job. The way things are with the courts nowadays I may have to take a day or two off, or I may be able to handle it over the phone or by email. My attorney says I may be able to settle it in two weeks, but it may go a full year.

Perea “I do understand that you want to keep us informed that this may be a factor and I appreciate you giving us this information up front.”

Westengard “I want to be as transparent as I can in something that is somewhat a personal matter.”

McKenzie”The question I have is, you’re not going to quit us, you will still remain our fire chief.”

Westengard “ Oh yes. Once I get through this, my life will go on. This is literally something that came up last week..”

Bybee “I’m getting the vibe that you’re not sure that you want to take the job anyway. Am I reading that wrong?”

Westengard  “I want the job, but I want this commission to understand that I’ve had a monkey wrench thrown into my life.”

McKenzie “I know Bill has been willing to work with you on this, Bill how long are you willing to work with Keith?”

Ward “What ever it takes.”

Wheable  “It’s a little difficult here. We do have a start date isn’t it September 8th right. Will you be able to start on September 8th or is that a little bit too soon?”

Westengard “So the DA brought this up, I to look at doing a start date and I will commit to that with the understanding that the chief will be around. I would like to work with him at no compensation. The Fire season will be over, but there are other things that need to be in put in place too.”

Wheable “If there is still a possibility that you may withdraw from this position it would almost seem more fair to the community to withdraw your application and let the commission to solicit new proposals and you can apply. This would push out your start date as well. You are obviously the top candidate that the commission wants. If things go sideways we will have people lined up for the position. We do not want to be in a position that in 60 days period something happens and we have no fire chief.”

Perea “I’m wondering if we should just stop and table this right now and put it on the next agenda. Maybe in two weeks you will have a better understanding.”

Westengard  “On the top of the Optimism chart, yes. Friday we have a conference call with our attorney and everything might be alright. “

Wheable  “Will still be able to start on time, if we delay this decision for 2 weeks?”

Westengard  “I will have to check to see if my counties resignation policy has changed but I do believe I have to give them a 60-day notice.”

Howe “We are being held at Bay. If you don’t know when you’re going to turn in your resignation or accept the position. You are not committing to us. I like commitment to the county and I’m not hearing that. What I’m getting is depending on how these items work out I will maybe accept the position and maybe not.”

Westengard  “Let me clear this up. Once these items are taken care of, I am totally committed to this County as Fire Chief, but I also have to clear up things in my personal life. I’m hoping these things will be cleared up fairly quickly.”

Discussion / For Possible Action approval to modify the compensation package for Fire Chief / Director of Emergency Services Keith Westernguard.

5/0 Approved to table and tell the next meeting

Discussion / For Possible Action: Approval to work with investors to construct a multi-use facility at the Fairgrounds for public use. Bill Panagopouls and Gayle Bartlett, Ag District 13, Fair & Rodeo Board

Someone has offered to build an indoor arena for the fairgrounds. His idea was to build a building about 72,000 square feet. We did come to the Commission in 2013 to try to do this with SNPLMA and we could not get the job done. We still have the plans. Once a facility is put on the fairgrounds it does become property of White Pine County and the County would be responsible for its maintenance. The building construction would be over a million dollars and the AG Board would assume that control and management of the complex. We are coming here because the Ag Board cannot go into a contract with anyone. There are a lot of activities we could do in this facility, especially in the winter months. There could be archery, BMX, rodeos, and even a circus.

Francis stated her one problem with this is the agenda said we would work with investors and that is far different than somebody donating a building. We also need to look at the contract because it would be a contract between the county and the Builder. And we need to look at all of the documents with our legal people. If we have to look at are they donating the money and we are building it? What are the insurance liabilities? So you see there are a lot of legal things to look at.

Howe brought up the heating and air conditioning of this building, it would be a huge bill and the County would be responsible for it.

Bartlett stated that the people using the building would be paying for the electricity. She was not sure as to how it exactly will work but that would be the one issue of renting.

5/0 Approved  to pursue the project and report back as details are worked out. A estimate of time and cost as well as possible income is needed.

Discussion / For Possible Action: Approval to authorize Road Department to hold a silent equipment auction with the target date of September to October 2018

5/0 Approved

Public Hearings

White Pine County is considering projects for the 2019 Community Development Block Grant Priorities.  The public is invited to participate by providing ideas, comments and suggestions concerning potential projects. The Commission has already committed to sponsorship of the RNDC Housing application up to $200,000. The Commission can select up to 2 County projects and two sponsored projects.

Bakaric “ I’m looking for suggestions from the public as to what our two projects should be. I would appreciate any input from the public or Commissioners. I will be bringing back some of the suggestions that were made last year. You can  contact the Clerk’s Office or the Treasurer’s Office with any ideas or how ideas qualify. This is Project is for the low to moderate-income areas.”

Discussions with local ranchers and Farmers on the new business license requirement.

The land owners requested that this be tabled. They would like it reset up for the next meeting.

Discussion only about the situation with Hangar 1, aka the Navy hanger. Richard Barber

Questions about Hangar 1

MedEx plane has arrived and using Hanger 2, that they rented, the FAA grants requirement that all hangers apace be used for aircraft storage, and if that requirement is met for the storage of support equipment. MedEx employees tell us they will have their plane in Hangar 1 shortly. This overnight rental was done in accordance with an earlier Commission decision to put hanger 2 on overnight rental for trance transient planes at the rate of $25 a night and apparently approached by Steve Stork, although I would ask does it adhere to the Commissioners at the last meeting that all future discussions and our actions on Hangar 1 and medic should be tabled until July 25th.

Is it true that half of this payment for the overnight but long-term rental goes to the Jet Center for collecting the rent as opposed to directly to the county?

I would like to restate that I brought this up before the Commissioners at the last meeting.

How much will it cost to clear the snow on the southwest side of the airport and the access road from Highway 93.. On a daily basis, if Medx plane is in Hangar 1? Can the County Road Department actually provide that service during winter when they are under pressure just to keep the road ways open, clear the east side of the airport and keep the county roads possible?

If Hangar One contains the Medx airplane, would it now be a commercial operation so that different rules might apply?

Who will be responsible, if it is determined that the office on the southside of Hangar 1, which has long been neglected and is in deplorable shape, needs to be addressed. The honor Camp crew boss, whose crew recently painted the Hanger, told me that Lance asked him if the crew could clean the old office up. After a brief inspection he said, no way was he is putting his crew in there. Might it take a Hazmat crew to clean it up? Does hanger one need to be inspected prior to being used for a commercial operation?

Should this building be inspected?

Are bathrooms and hand washing facilities required for a commercial Medical Transportation operation?

Does the wiring meet code? Much of it looks very antiquated.

Should there be a sprinkler system installed in the hanger if it is in commercial use?

The fire extinguishers in Hangar 1 are 18 years out of date.

( I was under the understanding that government facilities and properties were maintained and safe for the public. I do not understand why Hangar 1 is in such a condition. If it is not safe for MedEx it is not safe for the five pilots who now store their planes in the building. There definitely should be an inspection and the facility should be maintained or roped off from the public.)

Medx wants to store a 2.5 million dollar airplane in Hangar One. They say they might use propane fired space heaters in the winter. The hanger similar in age and construction to hanger 2, but the one in Tonopah burned a few years back, Witnesses described it as exploding rather than burning not surprised as these wooden hangers have been drying out for nearly 80 years.

Is the County’s Insurance adequate to cover the loss of a 2.5 million dollar airplane? What physical conditions of Hangar 1 would affect the insurance void it, including but not limited to conditions mentioned above? Will the lease of Hangar 1 or 2 be required to include the County as an additional insured as required in the lease.

The County is obligated to allow any aircraft to park on their public use airport, however I am unable to find any rule that says the must provided hanger space to anyone who spends time there. We see many BLM firefighting aircraft here, parked outside for months at a time each year.

Recently, the pilots renting Hangar 1 met with Steve Stork, Lance Gale, and some of the members of Medx flight crew, for a conference phone call with Joel Hochhalter , MedX owner. Mr. Hochhalter mentioned he would consider building a hanger on the airport. It was pointed out that there were two pads just south of the hanger belonging to the Department of Agriculture security. These pads have all utilities close by and are already in the airport master plan. Mr. Hochhalter said he would like at least 11 months to explore hanger possibilities. I would assume the County could expedite all manners in their control to make building a hanger a real possibility in much less than 11 months. Some have said it could be done in 90 to 120 days. If the new Hangar was built on the east side of the airport, it would reduce the pressure on the road department to clean both sides of the airport on a daily basis in the winter and the county would gain the income from its ground lease.

What if the Commissioners decided to rent to MedEx or any other party?

At the recent meeting with the pilots in Hangar 1, Steve, Lance and the representative from MedEx discuss the sharing of Hangar 1 and hanger 2 with the pilots and a larger plane, it seem like this could be possible. If it is determined that hanger one must be put out for bid, would the Commission consider including language for sharing the hangers 1 and 2 with the pilots and a future tenant in that bid?

( These are the questions that Mr. Barber. I assume the other four pilots in the Navy hanger also approved of these questions put to the commission. Some of Mr. Barbers questions did come from the public.)

Howe stated that he did not feel that anyone should be displaced by a new company coming in. That the only solution is to have the new company build its own hanger.

Mr. Barber explained that the Medx crew would be here and they would move their big airplane out if anyone wanted to move out their smaller plane. This would just not work. The possibility that three aircraft from Hangar 1 could move into hanger 2 was discussed and does remain a possibility. MedEx airplane is a very large airplane and would be hard for the smaller airplanes to get around.

Wheable  stated that if Hangar 1 is in that deplorable condition that we are opening up a whole can of worms. Maybe we should move on to the next item. We need to consider Medx building another hanger out there. Do you think this would be agreeable with you and the other pilots in Hangar 1?

Barber replied yes. The people in Hangar 1 at the present time are quite happy and do not expect any changes from the County.

Discussion / For Possible Action:  Approval to allow the District Attorney to discuss a compact with the Ely Shoshone Tribe on cannabis and to bring back a draft for the Commissioners review. Cassandra Dittus, Joe Dice and Trent Griffith

Wheable stated that the County does want to partnership with the tribe, but they need to know more about the oversight. He did want to know why Joe Dice didn’t show up. The reply was he is no longer with the project. Wheable  stated that was a right step in the right direction, because he was not going to work with him. Because of his dishonesty and deception with the DA’s office. I want the commission to work with the tribe, that we can’t have deception. I am glad he’s not here for your benefit. The accounting needs to know about all oversight, if we are going to give the tribe a monopoly in White Pine County, we need to make sure that we are getting the percentage that we agree to.

Howe stated that he was against the monopoly and felt there should be some competition. The Commissioners should hear from other possible companies. The reply came that if it’s one entity the prices will stay fairly stable, if there are two entities the prices may drop just as a way to bring in business.

Perea “ I feel it is way too soon to grant the monopoly to one company . Let’s take this a little slower.”

Howe “What has the tribe contributed to the County or City?

Reply “We contributed $3,000 to a county project and today we calculated what we give to the City for the marijuana cultivation facility and it comes between 1 and $2,000.”

Howe “How much money is the tribe taking in?”

Reply “We can’t state that at this point, it would have to be in a private negotiation session. You have to look at it as we are buying all of our supplies from local businesses and that taxation goes back into the community. You have to remember that we are being paid back for the process of setting it up, learning and other aspects of starting this business. I can tell you that the taxation the tribe has collected in the last 6 months is over $150,000.”

4/1 Approved to proceed with negotiations, Perea voted no because he did not want it to be unanimous with still many concerns.

Discussion / For Possible Action: Approval of a moratorium on marijuana establishments in White Pine County during the discussion on the compact.

This is a good faith action, because if someone comes next week and wants to open up a business. The business cannot open until the moratorium has been taken off. The moratorium says we are not saying no, you can file your application and we will consider you when the moratorium is completed.

5/0 Approved to have a moratorium for 60 days ( ending on October 8th)

Discussion / For Possible Action: Approval of the Board of County Commissioners` intention to lease up to 10,000 square feet of County property south of the USDA hanger to MedEx Air One, upon such terms and conditions as the Commissioner deems proper, so that MedEx Air One can build a hanger and other Aviation facilities on the property to support its emergency transportation operation, pursuit to NRS 495.040

This is so the commission can vote on Leasing the ground to Medx to build a hanger on. This will have to be a 3 week notice in the newspaper. We have to make a lease agreement that includes the time of the lease and that at the time Medx no longer needs the hanger it will revert back to the property of the County.

5/0 Approved

Geri Wop