Public meetings / Board of County Commissioners
July 17, 2012
176 turns, 176 with a named speaker, under 7 agenda items. The words and the names are the county clerk's.
1. Pledge of Allegiance
Commissioner Schinhofen
was present by telephone.
3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will
Commissioner Eastley
advised Mr. Bosta that the ordinances that were active today were on-line and any that had been repealed were not. She agreed with Mr. Bosta July 17, 2012 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. regarding the resolutions as she had been interested for many years in seeing a comprehensive list of how many resolutions the Board had adopted and how many times the subsequent adoption of the resolution was completely opposite of what was adopted before. Sam Merlino advised her office did have a list of resolutions, but to cross reference them would be difficult. She understood Mr. Bosta’s frustration. John Bosta advised the Board that if an older ordinance was originally created by an initiative or referendum or ballot of the people there was a Nevada Revised Statute which stated that ordinance had to go to the ballot to be repealed. He said in many cases ordinances had been repealed without going to the ballot.
Commissioner Eastley
asked when the County had created an ordinance through the ballot process. Mrs. Merlino advised it had been done mostly for the creation of town boards.
5. Awards and Presentations
Commissioner Hollis
made a motion to approve; seconded by Commissioner Eastley; 5 yeas.
6. Announcements (first)
Commissioner Eastley
asked Commissioner Borasky how the t4 h of July parade in Pah rump went. Commissioner Borasky said it went very well. Sam Merlino advised voter registration was now available on-line through the Secretary of State’s Office. That office would verify the signatures through the Department of Motor Vehicles, so the applicant had to be a Nevada resident with a current driver’s license when they registered. She said the Assessor’s Office was assisting with the zip code file. July 17, 2012
Commissioner Hollis
stated that Mitt Romney’s bus would be in Pahrump today at 5:00 p.m. Dean Heller, Danny Tarkanian, and Mr. Romney’s son and wife would be on the bus as well.
8. Commissioners’IManaqer’s Comments (This item limited to announcements or
Mrs. Webster
said a special teleconference would be scheduled for July 23, 2012, at 8:30 am, to review an item for Blagg Road. Commissioner Eastley said she would not be able to attend as she had an RNDC meeting in Ely.
Commissioner Hollis
stated due to his duties as liaison commissioner to nuclear waste he had given up his position on the Water Board because of various conflicts. He felt he was not doing justice to the Water Board and that he would not be doing justice for nuclear waste if he stopped doing that. Commissioner Hollis said he hoped the Chairman would appoint someone today to take his place.
Commissioner Borasky
advised since the discussion at the last meeting regarding toilets for the homeless a couple of people had stepped forward and offered to pay for them. He was going to direct them to work directly with Pahrump Valley Disposal.
Commissioner Borasky
said he would like the County to issue RFPs for all consultants in the future. Although there were people who had done a wonderful job and there was no reason why they could not qualify and come right back in, he felt the County should look at new consultants if there were any. 10:15 a.m. Recess to the Nye County Board of Road Commissioners NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS. BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS. July 17, 2012
9. Consent Agenda Items These are items that Staff recommends for approval.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9c. For Possible Action — Approval of Assessor’s Office Change Request — NIA
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9d. For Possible Action — Approval of Personnel Actions NA
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9e. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday October 16, 2012 in Pahrump, Nevada.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9f. For Possible Action Approval to accept a grant award for the Community Services Block Grant (CSBG) Discretionary Funds to provide case management for clients enrolled in the CSBG Adult Employment Incentive Program. This grant will be administered in Fund 10340 Grants. There is no County match required.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9g. For Possible Action Approval of a lease agreement with State of Nevada Department of Administration, Division of Child and Family Services for the County owned facilities located at No. 2 Frankie Street, Tonopah, Nevada from September 1, 2012 through August 30, 2016.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. July 17, 2012 9h. For Possible Action Approval to enter into a contract with Essential Learning. LLC for a distance based computer training program, with over 300 on line courses, that will allow the Nye County Sheriff’s Office to provide mandated training hours at a fraction of the cost of traditional classroom based training and has been budgeted from Fund 10101 General.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9i. For Possible Action Approval to accept a grant award for the SFY 2013 State of Nevada, Department of Health and Human Services, Fund for a Healthy Nevada grant for specific Disability Services to fund fees for meals through Nye County Senior Nutrition, Inc., Senior Centers in Tonopah, Beattv and Amarosa Valley for qualified low-income disabled persons. There is no County match required.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas.
91. For Possible Action Approval to: 1) accept the SFY 2013 grant award from
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9k. For Possible Action Approval to: 1) accept the SFY 2013 grant award from the Nevada Aging and Disability Services Division (ADSD) to provide senior transportation services in Amarosa Valley, Beatty, Gabbs, Smoky Valley and Tonopah in Nye County and matching funds are budgeted in our contract with Logisticare; and 2) accept the Confidentiality Addendum with Nevada Aging and Disability Services Division.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 91. For Possible Action Approval to apply for the Mid-Cycle Small Rural Access grant through Susan G. Komen for the Cure of Southern Nevada to assist low income residents in Nye County with screening and diagnostic mammograms; other diagnostic testing. It will also assist persons with travel expenses. This grant will be administered in Fund 10340 Grants. There is no County match required.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. July 17, 2012 9m. For Possible Action Approval to accept the State of Nevada Emergency Response Commissions (SERC) Hazardous Materials Emergency Preparedness (HMEP) FFYI2 mid-cycle grant award to purchase training DVD’s. This grant will be administered from Fund 10340 Grants. There is no County match required.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9n. For Possible Action Approval of Change Orders No. 15 through 20 to the contract with Wulfenstein Construction. Inc. for additional work and materials on the SR 160 and Homestead road improvement project and is budgeted from Fund 10250 Capital Improvements and Fund 10253 Public Improvement Fees.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9o. For Possible Action Approval to amend a Professional Service Agreement (PSA) with Desert Research Institute (DRI). This amendment will increase the not- to-exceed amount to allow for further microbiological sampling, analysis and publication of professional papers in support of NWRPO hydrologic studies for FY 201 2-2013 and has been budgeted from Fund 10336 Yucca Proiect Oversight.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9p. For Possible Action Approval to accept a grant award from the US Environmental Protection Agency (EPA) for an Environmental Workforce Development and Job Training Grant (formerly Brownfields Job Training Grant). The grant will be administered from Fund 10340 Grants. There is no Coun match required.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9g. For Possible Action Approval to accept grant awards from the State of Nevada Community Development Block Grant (CDBG) program for the: 1) Nve County Public Works complete re-lining of the interior surfaces of the Town of Gabbs Community Potable Water Storage Tank; and 2) Pioneer Territory CASA, Inc. recruit, train and monitor volunteer advocates for children in foster care who have been abused or neglected. Both awards include in-kind Grant Administration costs and the Gabbs Water Tank proiect includes in-kind Public Works project management costs. The grants will be administered from Fund 10340 Grants.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. July 17, 2012 9r. For Possible Action Approval of Change Order No. 10 to the Service Contract Agreement with Southwest Environmental Services. Inc. (SES) to approve a Fiscal Year 2012113 budget to continue to perform the task activities as amended to the Service Contract Agreement per Change Order #8 from Fund 10510, Solid Waste and from Fund 10511, Solid Waste Open & Close.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9s. For Possible Action Approval to surplus and auction excess equipment as per attached list. Proceeds from medical equipment to be placed in 10291 County- Owned Buildings. Proceeds from vehicle to be placed in 10401 Capital Proiects.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9t. For Possible Action Approval to purchase two Cisco 3560G 48 Port Switches for the new Pahrump Jail and is budgeted from Fund 10451 Bonds.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9u. For Possible Action Approval of Change Orders No. 2 through 6 to the contract with Wulfenstein Construction, Inc. for additional work and materials on the Blagg Road Sewer Line Trench Backfill Replacement Proiect ($57,083.88) as well as a no cost time extension and is budgeted from Project PE1202 Fund 10493 Capital Proiects.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. 9v. For Possible Action Approval of Change Order No. I to the contract with US Imaging, Inc. to scan Nve County records from 16mm microfilm jackets to add archiving 2010 and 2011 digital images to 16mm microfilm and is budgeted from Fund 10320 Recorder Technology.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. July 17, 2012 9w. For Possible Action Approval to accept a donation of a vehicle from Mojave County for the purpose of Medical Transportation Requirements and Performance Measures as required by the contract between Nve County and Clark Coun to provide medical and supportive services for HIVIAIDS infected and affected clients in the Las Vegas. Ryan White Transitional grant area.
Commissioner Eastley
made a motion to approve items 9b-9w; seconded by
Commissioner Borasky
; 5 yeas. PUBLIC OFFICIALS 10. Assessor lOa. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 2-32: a resolution changing the hours during which the Assessor’s Office will be kept open.
Commissioner Schinhofen
said he remembered the office had to be open a certain number of days or hours per the Nevada Revised Statutes and wondered if closing it would cause a problem.
Commissioner Eastley
explained that due to the severe budget problems a few years ago the Legislature had amended the statute to provide for revised or shortened hours of operation if there was a cost savings or if the result was revenue neutral, but it had to be approved by the. Board. Brian Kunzi said the mail service was done through the Assessor’s Office and there would be no mail service on the day the office was closed. Commissioner Eastley suggested moving the postage machine to Administration because it was open five days a week. Pam Webster said she had made that suggestion when it was moved into the Assessor’s Office, but no one wanted to come all the way out to Administration. Shirley Matson suggested she could give out a key since it was primarily used for the courts on Fridays. She explained that one of the reasons the postage machine was in her office was because her deputy had a knack for fixing it.
Mr. Kunzi
asked what court Mrs. Matson was referring to since Justice Court was now closed one Friday a month and many times closed at 4:00 p.m. on Fridays. Mrs. Webster suggested the key could be left at the District Attorney’s window. Mr. Kunzi agreed to that.
Commissioner Eastley
said this appeared to be fiscally neutral and asked Mrs. Matson how closing the office on Fridays would save money since her employee would just work four ten-hour days. Mrs. Matson said it would save the County money as a whole by not having the lights, air conditioning, and computers on. July 17, 2012 lOa. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nve County Resolution No. 2012-32: a resolution changing the hours during which the Assessor’s Office will be kept open.—Cont’d.
Commissioner Eastley
asked if Mrs. Matson had statistical information to support the statement that there was not enough traffic in Pahrump to justify keeping the office open on Fridays. Mrs. Matson explained the statement was based on her own observations.
Commissioner Eastley
asked how closing the offices on Fridays, one of the busiest days of the week, would be in the best interests of the citizens of Nye County as stated in the resolution. Mrs. Matson reiterated the cost savings and further explained that her office was the largest office and since she had less staff they were spread pretty thin when furloughs and annual leave were taken. She felt if she could have her employees solidly on four days her office would be more productive.
Commissioner Eastley
said the appraisers were people in the field and asked Mrs. Matson if she believed she could adequately support the field assessing functions if it was only done four days a week. Mrs. Matson responded her employees worked four ten-hour days before she took office so she did not have them on Fridays anyway.
Commissioner Schinhofen
asked if the Whereas clause which stated it was in the best interests of the citizens to change the hours could be struck from the resolution. He also said he had received a few calls from people who were not happy that occasionally Fridays were furlough days and everything was closed.
Mrs. Matson
stated the Recorder and Treasurer were also closed and asked if the people were irritated at the Assessor or any County office in general. Commissioner Schinhofen said it was in general as he had received several calls from people who were irritated when they ran their errands and could not get to the County. Mrs. Matson said her office opened at 7:00 a.m. and did not close for lunch unless it absolutely had to.
Commissioner Eastley
said she did not have a real problem with the resolution as Mrs. Matson was the elected official, but she hoped the citizens realized if they had a problem they had to go to the elected official. Commissioner Eastley did not believe any offices in the County seat should be closed and did not believe this was in the best interests of the citizens of Nye County.
Commissioner Eastley
made a motion to approve; seconded by Commissioner Borasky; 5 yeas. July 17, 2012 10:30 a.m. Recess to the Nye County Licensing and Liquor Board NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE NYE COUNTY LICENSING AND LIQUOR BOARD. THE NYE COUNTY LICENSING AND LIQUOR BOARD RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS 10:45 a.m. Timed Agenda Items: b. For Possible Action Public Hearing, discussion, and deliberation to: 1) to issue an Outdoor Festival License to PAVED, INC dba The Pahrump Fair and Festival for their annual Pahrump Fair and Festival to be held on September 27- 30. 2012 at Petrack Park, the Rodeo area, the Annex area and the Ruud building in Pahrump, Nevada; and 2) approval to fund Nve County Sheriff’s office deputies to cover the event requested by the applicant.
Commissioner Wichman
opened the public hearing. Paula Glidden, Chair of PAVED, Inc., explained the request was for the annual festival held in September and this year’s event was scheduled for September 27-30, 2012.
Commissioner Wichman
closed the public hearing.
Commissioner Eastley
asked Ms. Glidden if she had $10,000.00. Ms. Glidden said the second half of the request included $10,000.00 to pay the Sheriff’s fee for that day. She explained under the new resolution it was incumbent upon PAVED to provide security for the festival. She said PAVED had gotten private security for $10,000.00 and the additional $10,000.00 was the Sheriff’s requested fee to be present for limited hours for security.
Commissioner Eastley
asked Brian Kunzi if the Board of County Commissioners, as the governing body, should have adopted a fee schedule if the Sheriff’s Office wanted to charge a fee to be at this festival. She understood the Sheriff’s budget constraints, but she was concerned because part of the taxes people paid was for coverage through the Sheriffs Office, which included public events. Commissioner Eastley did not recall a fee schedule being established or adopted by the Board for special events coverage by the Sheriffs Office.
Mr. Kunzi
confirmed there had not been a fee schedule adopted and he did not believe the Sheriff had the authority to charge a fee to provide services to the public. He also did not believe the statutes gave the Board the authority to adopt such a fee structure.
Mr. Kunzi
stated if this was not part of the Sheriff’s budget then the Commissioners might need to augment his budget, but it was not legal to charge for this. July 17, 2012 10:45 am. Timed Agenda Items: b. For Possible Action Public Hearing, discussion, and deliberation to: 1) to issue an Outdoor Festival License to PAVED, INC dba The Pahrump Fair and Festival for their annual Pahrump Fair and Festival to be held on Seøtember 27- 30, 2012 at Petrack Park, the Rodeo area, the Annex area and the Ruud building in Pahrump. Nevada; and 2) approval to fund Nye County Sheriffs office deputies to cover the event requested by the applicant.-Cont’d.
Commissioner Eastley
asked Ms. Glidden why they would pay another $10,000.00 to the Sheriff’s Office if they already paid a private security firm $10,000 to provide crowd control, etc., at the site. Ms. Glidden said she had the same question and had met with Captain Becht twice to discuss this and try to establish a fee for the Sheriffs coverage since the resolution did not state any fees. Captain Becht suggested she get numbers from the security people, which she did. Captain Becht then told her the fee would be $10,000.00. Ms. Glidden said that would be in addition to the new fees from the Town Board, which included paying for the use of the Ruud Center.
Commissioner Eastley
asked Mr. Kunzi if there was a flaw in the ordinance because one of its requirements was that a minimum number of law enforcement officers would be employed at the licensee’s expense. Mr. Kunzi explained that in a lot of areas off- duty police officers were hired for security and he was not sure if that was what that section of the ordinance referred to. He stated that a governmental entity could not make charges unless there was a specific statutory provision that allowed it to do so.
Commissioner Eastley
noted the ordinance said “conditions which may imposed by this Board” and thought the Board could require them to hire off-duty deputies or security or submit the security plan to the Sheriff for approval. Mr. Kunzi said a plan would go to the deputies that were hired, not the Sheriffs Office.
Sheriff DeMeo
advised when PAVED came to the Sheriff’s Office they were given an estimated fee of $10,000.00. He said his office would respond to calls of service and that was the best they could do since there was no overlap of deputies during the time of the event, but he would rather have PAVED contract with off-duty deputies.
Ms. Glidden
said Captain Becht had indicated he had to schedule the deputies for overtime. Sheriff DeMeo explained that would be the cost for deputies provided by the Nye County Sherriff’s Office instead of off-duty deputies. He said PAVED could negotiate a price with the off-duty deputies.
Mr. Kunzi
said it was not appropriate for the County to charge for the Sheriffs Office to respond to a shooting or a stabbing at the event. He thought the Sheriff was suggesting having the presence of officers at the event. Mr. Kunzi said the size of an event should be known so part of the conditions for approval could include what the Sheriff’s Office determined was needed for proper security. The organizer could then contract with the I July 17, 2012 10:45 a.m. Timed Agenda Items: b. For Possible Action Public Hearing, discussion, and deliberation to: 1) to issue an Outdoor Festival License to PAVED. INC dba The Pahrump Fair and Festival for their annual Pahrump Fair and Festival to be held on September 27- 30, 2012 at Petrack Park. the Rodeo area, the Annex area and the Ruud building in Pahrump, Nevada; and 2) approval to fund Nve County Sheriff’s office deputies to cover the event requested by the applicant.-Cont’d. deputies to provide that security and the Sheriff’s Office would respond to calls as necessary.
Commissioner Eastley
said some of the details worked out with the Sheriff’s Office and some conditions for approval should be included in the backup when these items come before the Board because those conditions which may be imposed are set forth in the ordinance. She said there were no recommendations from anyone for approval of this permit which could be included as part of the motion. Mr. Kunzi agreed, particularly with an event this large since the Sheriff’s Office needed to review it and make the determination as to what would be necessary for appropriate crowd control.
Commissioner Eastley
believed that with an event this large there would need to be adequate food supplies, toilet facilities, drinking water, and medical facilities, and these items would be set forth as conditions of approval for any permit for an event this size.
Sheriff DeMeo
said those conditions would be in addition to the security because these big events did have some security issues. He agreed with the District Attorney that it would be better for them to contract with a security service and have the security service present a plan to him to take the Sheriff’s Office out of the equation.
Commissioner Eastley
said one of the conditions that had not been addressed was adequate fire protection provided at the applicant’s expense. Ms. Glidden said she had talked to the Town of Pahrump’s special events committee on that issue.
Mr. Kunzi
said he personally would like to see PAVED hire licensed, trained deputies instead of security officers who may not have that much training as that would bring a whole level of added security.
Commissioner Eastley
recommended that this item be brought back at the next meeting with conditions for approval. Commissioner Hollis agreed.
Commissioner Wichman
opened the public hearing. John Bosta asked why incorporated areas were excluded under the definition of county when there were none. Commissioner Eastley said it was to avoid future amendments.
Mr. Bosta
felt the fees being charged were outrageous in today’s economy and should not be as high as they were. He said the fees made it almost impossible to have dogs.
Commissioner Wichman
asked Mr. Bosta if he was for or against the ordinance. Mr. Bosta said there were areas in it he was against, including how under the definition of animal control officer it appeared that every employee of the County was a dog catcher.
Commissioner Eastley
said it was only the employee responsible for the enforcement of this title. Mr. Bosta did not believe that language was clear.
Mr. Bosta
asked if the County Animal Advisory Committee had been created.
Commissioner Eastley
told him it was created years ago.
Mr. Bosta
said the fees required for a person to license their dogs were excessive when combined with the cost of getting the pet vaccinated. He felt fees, leash laws, and pooper scoopers were not necessary in rural communities. He also did not agree with the limitations on the number of dogs and cats a person could have and felt the rules and regulations in Pahrump were not appropriate for the rest of the County.
Mr. Bosta
voiced his concerns with the excessive noise provision and wondered what standard was used to determine if it was excessive. Commissioner Eastley said it was an individual opinion and this provision gave a citizen a mechanism to file a complaint.
Mr. Bosta
asked who determined if a dog was vicious and dangerous. Deputy District Attorney Maria Zlotek advised a vicious and dangerous dog was defined under the definitions section and the animal control officer would have the authority to come if a complaint was received. If a person was cited for having a dangerous or vicious dog that would go before the Justice Court. July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12: a Bill Proposing to amend Nye County Code Title 6. Animals, by adding Chapter 6.05, Administration and Enforcement; by adding Chapter 6.06, General Provisions Licensing, Vaccinations, Limits of Number Of Animals, Running at Large, Impoundment, Rabies Prevention; by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations; by adding Chapter 6.20, Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d.
Mr. Bosta
said to him the creation of the Animal Advisory Committee was just an added layer of government. Commissioner Eastley advised Mr. Bosta that prior to the creation of the Animal Advisory Committee if someone was cited they went to Justice Court. That burden had been removed from Justice Court and the person could appeal to the Animal Advisory Committee. Mr. Bosta asked if the committee had the authority to fine.
Commissioner Eastley
said it had the authority to uphold the fine. Zuzana Kukol was not sure the section on permit applicant qualifications and applications on page 45 should part of the ordinance because it seemed administrative, but the issue that bothered her most was the proof of experience required under paragraph 6.30.040.B. She said that would be difficult to do. She also asked if Animal Control had the authority to do background checks to ensure compliance with paragraph 6.30.040.C.
Ms. Kukol
said paragraph 6.30.050.C on page 46 should be removed because she did not feel she should have to provide information regarding where she got her animals since it would not assist public safety or welfare. She also said she would not put any animal under sedation for permanent identification as it was extremely expensive and dangerous and that section was unenforceable for exotic animals. Commissioner Eastley said all that was requested under that paragraph was an inventory of how many animals someone had and if there was any permanent identification on the animals. It did not require that the permanent identification be done.
Commissioner Hollis
said the Commissioners just wanted to make sure people who loved and took care of their animals were not held hostage by the people who did not, which is why more regulations were required. Jackie Casano said she was now a member of the Animal Advisory Committee and while she did not personally have anything to do with the revisions of Title 6, she had reviewed them and thought for the most part they were excellent. Ms. Casano stated whether someone lived in a city or a rural environment should not matter when it came to the proper care of animals. She supported the ordinance 100%. July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12: a Bill Proposing to amend Nve County Code Title 6, Animals. by adding Chapter 6.05, Administration and Enforcement; by adding Chapter 6.06, General Provisions Licensing, Vaccinations, Limits of Number Of Animals, Running at Large, Impoundment, Rabies Prevention; by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations: by adding Chapter 6.20, Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30. Ownership and Possession of Special Conditions Animals: providing for the severability; constitutionality and effective date hereof: and other matters properly relating thereto.—Cont’d.
Commissioner Wichman
read a letter received from Yvonne Smith, a member of the Animal Advisory Committee, who supported the ordinance and felt the County had needed it for a long time. She said she represented the livestock people in the group and tried to be responsible and reasonable, but the Nevada Revised Statutes stated all dogs and cats had to have rabies shots, so that requirement in the ordinance was omitted for working ranches and farms. Pam Webster read into the record an email received from John Easton which voiced his opposition to the ordinance and suggested the matter be put on the ballot for the voters to decide.
Commissioner Wichman
closed the public hearing.
Commissioner Wichman
said she wanted to recognize the people who worked on this and the exceptional job they had done, however, issues were raised that she agreed with, including some of Mr. Bosta’s comments about the diversity of Nye County. There were things that were commonplace and done in rural communities that would never be done in a tight community like Pahrump. Commissioner Wichman said if she had to license a cat she would not even know how to catch her cats and she had no idea how many cats she even had.
Commissioner Wichman
said she could not find a definition for a farm that covered a non-working ranch like hers where both people had to work to support the ranch. When the public hearing was set on this ordinance she was told there were areas in it that would exempt the rural areas, but she did not think that exemption flowed through the entire ordinance. Commissioner Wichman said she had been talking with Ms. Ziotek about what had to be done to make the ordinance work for all and they had come up with alternatives. One alternative would be an exemption that flowed through the entire ordinance which stated it was an exemption for ranches, farms, hobby farms, rural living, etc. The other alternative would be to state there was an exemption outside of the boundaries of the Town of Pah rump, Town of Beatty, Town of Tonopah, Town of July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reiect Nye County Bill No. 2012-12: a Bill Proposing to amend Nve Coun Code Title 6, Animals, by adding Chapter 6.05. Administration and Enforcement; by adding Chapter 6.06, General Provisions Licensing, Vaccinations, Limits of Number Of Animals, Running at Large, Impoundment, Rabies Prevention; by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations; by adding Chapter 6.20. Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d. Round Mountain, Hadley Subdivision, and possibly Gabbs, but she did not know if those communities had been consulted. Brian Kunzi explained the ordinance was designed to apply to everything outside of working ranches. He said those communities had an opportunity to come to this hearing and voice their opinions and all the Board would do now was exempt some of those areas. Commissioner Wichman said the struggle was to not paint Nye County with the same brush.
Commissioner Eastley
understood the desire to have the exemption language flow throughout the document, but she found the exemption language very clear in section 6.06.010. She seriously doubted that the average citizen would sit down and read this ordinance. The important thing was that the enforcers read it.
Commissioner Wichman
said if she was the person charged with enforcing it she read it as that was where the exemption applied and not throughout the entire document.
Commissioner Eastley
asked Commissioner Wichman if she wanted more than the licensing requirements exempted. Commissioner Wichman said she did. While she understood there were certain things in the ordinance because some communities needed them, she said there were other things in there she would like to see exempted, such as how animals had to be protected from the environment.
Commissioner Eastley
said unfortunately the Board had to manage to the 99%, not the 1%,
Commissioner Wichman
suggested that a provision be inserted in the beginning of the ordinance that exempted the areas outside the boundaries of the Town of Pahrump, the Town of Beatty, the Town of Tonopah, the Town of Round Mountain, the Hadley Subdivision, and the Town of Gabbs, so it was exceptionally clear that it applied to the entire ordinance. July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reiect Nye County Bill No. 2012-12: a Bill Proposing to amend Nve County Code Title 6, Animals, by adding Chapter 6.05, Administration and Enforcement; by adding Chaøter 6.06, General Provisions Licensing, Vaccinations, Limits of Number Of Animals! Running at Large! Impoundment, Rabies Prevention; by adding Chapter 6.07. Cruelty to Animals; by adding Chapter 6.13. Animal Facility Regulations; by adding Chapter 6.20, Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d.
Commissioner Eastley
asked if it would apply to Sanita Courts, Shoshone Estates, and the Carvers area as there were quite a few people who lived there. Commissioner Wichman said she would consider anything the Commissioners wanted to add to the amendment. She just did not want to paint Nye County with one brush and make her neighbors outlaws.
Commissioner Schinhofen
understood the need for the ordinance, but did not agree with the limit on how many cats or dogs a person could own and thought the ordinance could use further modification.
Mr. Kunzi
stated the problem with a broad brush exemption was it would wash away many regulations in the ordinance, such as animal fighting, kennels, the regulation of special and/or exotic animals, and torture and cruelty, and the ability to enforce those regulations would be lost.
Commissioner Eastley
said she had not seen the fee schedule referred to in the ordinance. She asked if it would be forthcoming and if the Board would have the opportunity to vote on those fees. Ms. Ziotek stated it had been recommended to the Director of Emergency Services to have the Animal Advisory Committee work on the fee schedule concurrent with this agenda item, but that did not happen for many reasons. She said the fee schedule needed to come before the Board as an agenda item and the Board could direct the committee to work on it as soon as possible. Scott Shoemaker, Chairman of the Animal Advisory Committee, said they had worked on a fee schedule, but it was dropped when Brent Jones left.
Commissioner Eastley
said she was particularly interested in the residential kennel permit fee as she had been contacted by people who had in excess of six dogs and with the lack of a grandfathering clause in the ordinance they would now have to get a residential kennel permit. Mr. Shoemaker said he believed the fee was $60.00. July 17, 2012 10:45 am. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12: a Bill Proposing to amend Nye County Code Title 6, Animals, by adding Chapter 6.05, Administration and Enforcement; by adding Chapter 6.06. General Provisions Licensing, Vaccinations, Limits of Number Of Animals, Running at Large, Impoundment, Rabies Prevention: by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations; by adding Chapter 6.20, Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d.
Commissioner Eastley
asked what the kennel permit applicants got for the $60.00 fee.
Mr. Shoemaker
stated an annual inspection would be done to ensure situations did not get out of control, like FLOCK or the woman who was killed by the dogs.
Commissioner Eastley
asked Ms. Ziotek what would happen to a person if they did not report a lost or abandoned animal that they took custody of as outlined in Section 6.06.120. Mrs. Zlotek said it could be considered a violation of the code.
Commissioner Eastley
asked for that to be spelled out.
Commissioner Schinhofen
said he also wanted the Board to vote on the fees and thought this matter should be put off for another thirty days due to all the questions and requested changes.
Commissioner Eastley
asked about the use of the word “unjustifiably” in section 6.07.020 regarding torture or cruelty to animals. Ms. Ziotek said the language mirrored the Nevada Revised Statutes very closely so the language was very clear and by phrasing it that way a violation of that section would be a misdemeanor.
Ms. Zlotek
suggested amending section 6.06.120 to read that it was unlawful for any person who took custody of any lost or abandoned animal or any animal running at- large to not report the animal as such to an animal control officer within 24 hours of taking custody thereof. She also suggested amending subsection C of section 6.07.020, the torture or cruelty section, to read it was unlawful for any person to deprive an animal of necessary sustenance, food, drink or shelter, or neglect or refuse to furnish such sustenance, food, drink or shelter.
Mr. Shoemaker
said the language in the torture and cruelty section came straight out of the Nevada Revised Statutes and thought the Animal Advisory Committee would have to approve inclusion of the word “shelter.” Mr. Shoemaker also explained the reason cats had to be licensed as well as dogs was because of the rabies requirement. He said the Commissioners could remove the licensing requirements for cats from the ordinance, but that would not remove the state requirement for the rabies vaccination. July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reject Nye County Bill No. 2012-12: a Bill Proposing to amend Nye County Code Title 6. Animals, by adding Chapter 6.05. Administration and Enforcement; by adding Chapter 6.06, General Provisions Licensing, Vaccinations, Limits of Number Of Animals, Running at Large, Impoundment, Rabies Prevention; by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations; by adding Chanter 6.20, Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30. Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d.
Commissioner Borasky
suggested amending the ordinance to have an exemption for the areas outside of the Towns of Pahrump, Beatty, Tonopah, Round Mountain, Hadley Subdivision, Gabbs, and the Carvers areas.
Ms. Ziotek
asked if the boundaries of the Carvers area were defined. All the other areas, except for the Hadley Subdivision, were towns with boundaries clearly defined in the Nye County Code. She hoped the Hadley Subdivision was a geographically bound area, but the Carvers area had to be clearly defined to be included.
Commissioner Borasky
said to leave Carvers out, but to apply the exemption to sections 6.05.040, 6.06.010, 6.06.040, and 6.07.070. He said there was no way Nye County could ever afford to have animal control patrol the rural areas and to put the regulations on the people who lived in those areas was not right.
Commissioner Eastley
asked the Commissioners if they wanted to manage by their ability to provide services or manage to what the issue was. Commissioner Borasky responded that the County could manage the area, but it was a whole different world out in the rural areas and the people who lived there would be offended if city regulations were put on them.
Commissioner Eastley
said she did not see this as something the County was doing to people, but as protections offered to the communities. Commissioner Wichman said what Commissioner Borasky read into the record would restrict the ordinance to the communities that needed those protections and not impose it on the other people in the County.
Commissioner Eastley
asked about exempting the areas outside of lone, Belmont, and Manhattan. Commissioner Wichman said those communities were not listed because each one took care of its issues itself. If one of the communities determined better control was needed, she was sure they would come to the Commissioners and the ordinance could be amended at that time. The amendment right now would exempt July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12: a Bill Proposing to amend Nye County Code Title 6, Animals, by adding Chapter 6.05, Administration and Enforcement; by adding Chapter 6.06, General Provisions Licensing, Vaccinations, Limité of Number Of Animals, Running at Large, Impoundment, Rabies Prevention: by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations; by adding Chapter 6.20, Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d. those areas outside of Pahrump, Beatty, Tonopah, Round Mountain, Hadley Subdivision, and Gabbs.
Ms. Ziotek
recommended against amending section 6.05.040 as that section stated any violations were a misdemeanor. She said a specific subsection could be exempted from section 6.07.070, but a problem would be created if the misdemeanor was taken away.
Commissioner Hollis
made a motion to amend and adopt Nye County Bill No. 2012-12 with the amendments from the District Attorney’s Office; seconded by Commissioner Eastley; 2 yeas. Commissioners Wichman, Borasky, and Schinhofen voted no.
Commissioner Borasky
suggested continuing this item until a good clear picture could be obtained on what everyone wanted to do.
Commissioner Schinhofen
thought the matter should be tabled.
Commissioner Schinhofen
was no longer present. 20. County Manager 20b. For Possible Action Discussion and deliberation to transfer the name of “Marilynn Gallivan Complex” from its current location at 250 N. Hwy 160 which currently houses Public Works, Planning, Health and Human Services offices to the new building at 1981 E. Calvada Blvd. North.
Commissioner Eastley
made a motion to approve; seconded by Commissioner Borasky; 4 yeas. The Board reconvened at 2:00 p.m. after a lunch break. S Page2l July 17, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt. or reject Nye County Bill No. 2012-12: a Bill Proposing to amend Nye County Code Title 6, Animals, by adding Chapter 6.05, Administration and Enforcement; by adding Chapter 6.06, General Provisions Licensing, — Vaccinations, Limits of Number Of Animals, Running at Large, Impoundment. Rabies Prevention; by adding Chapter 6.07, Cruelty to Animals; by adding Chapter 6.13, Animal Facility Regulations: by adding Chapter 6.20. Miscellaneous Animal Regulations; by adding Chapter 6.25 Animal Advisory Committee; by adding Chapter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.—Cont’d.
Commissioner Borasky
made a motion to trail this item until the next Pahrump meeting; seconded by Commissioner Eastley; 3 yeas. Commissioner Hollis voted no. ii. Board of Commissioners 11 a. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 11 b. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. lic. For Possible Action Discussion, deliberation, and possible decision on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. lid. For Possible Action Discussion and deliberation on Bill Draft Requests (BDRs) Nye County proposes to submit for the 2013 Legislative Session.
Commissioner Eastley
removed her suggestion for a BDR.
Commissioner Hollis
said he would like to put the oil bill back on to try to get that money. July 17, 2012 lid. For Possible Action Discussion and deliberation on Bill Draft Requests (BDRs) Nye County proposes to submit for the 2013 Legislative Session.-Cont’d.
Commissioner Borasky
asked how many bills the County would get. Commissioner Eastley said one.
Commissioner Eastley
said NACO was addressing the home rule flexibility and she would like to remove that from the list.
Commissioner Borasky
said he would agree with Commissioner Hollis on the oil wells and asked how many bills the County had through NACO. Commissioner Eastley said the County had five. Regarding collective bargaining, Commissioner Eastley said she did not think the Legislature would ever reopen Chapter 288.
Commissioner Wichman
agreed with the Railroad Valley oil reserves as well and said her second choice would be the Belmont courthouse. Commissioner Eastley said she removed that because she thought a legislator had been identified that would carry that bill draft. Pam Webster said if the Board decided on an additional BDR then she would like them to consider the home rule flexibility as this would provide the County with more flexibility on the kinds of incentives it would be able to offer to businesses. She said she would like to keep a couple of ideas open because she wanted to prepare a BDR that would pass. She thought the home rule flexibility bill would gain momentum.
Commissioner Eastley
said her first choice would be County flexibility for incentive capabilities. She said she liked the Railroad Valley oil revenues, but a BDR for that was submitted every year and never made it to the floor for discussion.
Commissioner Wichman
said removal of the requirement for signs on minor County roads was a very simple BDR and would move right through. Commissioner Eastley said Commissioner Wichman might be able to get some legislators to carry that for her.
Mrs. Webster
said her recommendation was based on getting the most revenue and the most cost savings. She said it would take money and time to draft a BDR and she would rather do something that yielded a benefit and had a good chance of passing.
Commissioner Eastley
asked Mrs. Webster for her recommendation. Mrs. Webster said the Commissioners were familiar with what was most likely to pass, but she leaned toward the revenue and cost savings. She said there was more than one way of presenting an oil revenue bill, like asking for new ones or a percentage of new ones, and she wanted to submit something that would gain momentum and pass. July 17, 2012 lid. For Possible Action Discussion and deliberation on Bill Draft Requests (BDRs) Nye County proposes to submit for the 2013 Legislative Session.-Cont’d.
Commissioner Borasky
made a motion for the first BDR to be for County flexibility for incentive capabilities, the second one for revenues from the oil wells in Railroad Valley, and the third one to stop publishing the tax rolls; seconded by Commissioner Eastley; 4 yeas. lie. For Possible Action Discussion and deliberation to appoint a
Commissioner Liaison
! Representative to the Nye County Water District Governing Board and to the Park and Recreation Commission.
Commissioner Wichman
reminded everyone that at the last meeting she had announced that she had asked Commissioner Eastley to take over the Parks and Recreation Commission. She had also asked Commissioner Borasky to take over as liaison to the Water District. This item memorialized those discussions.
Commissioner Eastley
said she would bring forward some amendments to the Parks and Recreation Ordinance. hf. For Possible Action Discussion and deliberation to: 1) move the radio communication function from Public Safety to Information Technology; and 2) move the Radio Communications Tech position and funding which includes salary and benefits from Public Safety to Information Technology.
Commissioner Eastley
made a motion to approve; seconded by Commissioner Hollis; 4 yeas. 11g. For Possible Action Discussion and deliberation to: 1) set a date, time, and location for a public hearing on Nye County Bill No. 2012-15: a Bill proposing to amend Title 5 of the Nye County Code by adding a new Chanter 5.30 allowing private business owners to designate clothing-optional areas on their premises, establishing regulations governing clothing-optional areas; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) reading of the title of bill into the record.
Commissioner Borasky
said he brought this item forward on behalf of Town Board Members Tom Waters and Harry Kulkin.
Commissioner Borasky
made a motion to set the date, time, and location as August 21, 2012, at 10:45 a.m. during the regular Board of County Commissioners meeting in Pahrump; seconded by Commissioner Eastley; 4 yeas.
Commissioner Hollis
asked what the Town Board’s opinion of this item was.
Commissioner Borasky
said they were very supportive and had asked if he would work with them to get it on the agenda. July 17, 2012 lip. For Possible Action Discussion and deliberation to: 1) set a date, time, and location for a public hearing on Nye County Bill No. 2012-15: a Bill proposing to amend Title 5 of the Nye County Code by adding a new Chapter 5.30 allowing private business owners to designate clothing-optional areas on their 1 premises establishing regulations governing clothing-optional areas; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto: and 2) reading of the title of bill into the record.-Cont’d.
Commissioner Borasky
read the title into the record. 11 h. For Possible Action Discussion and deliberation to approve the ballot question for the November 2012 General Election Ballot regarding the discontinuance of the town board form of government for Pahrump, NV. John Bosta expressed his support of this item. He said it was an excellent suggestion and would resolve a big problem in the community.
Commissioner Borasky
made a motion to approve; seconded by Commissioner Eastley; 4 yeas. Brian Kunzi noted that he had worked with Tom Waters, who had been very gracious in assisting with the arguments against. 12. Clerk I 2a. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Library Board due to the resignation of James Mutton. This term will expire March 2014.
Commissioner Eastley
made a motion to appoint Marie Long based on staff recommendation; seconded by Commissioner Borasky; 4 yeas. 13. District Attorney This item was removed from the agenda. 14. Recorder This item was removed from the agenda. 15. Sheriff This item was removed from the agenda. July 17, 2012 16. Treasurer This item was removed from the agenda. 17. Justice(s) of the Peace This item was removed from the agenda. 18. District Court This item was removed from the agenda. 19. Juvenile Probation This item was removed from the agenda. GENERAL NYE COUNTY ADMINISTRATIVE STAFF 20. County Manager-Cont’d. 20a. Ongoing Proiect Report Pam Webster said an entry from Code Compliance regarding the status of the signs was included in this month’s report and George Bernath was present to answer any questions the Commissioners had. She said a status would continue to be provided in this format.
Commissioner Borasky
asked if the Nye County Multi-Purpose Training Facility was still under a temporary certificate of occupancy. Mrs. Webster said it was. She explained the pads needed to be put in and an issue with the grade needed to be resolved and then it would be done.
Commissioner Eastley
asked why the Ely Conservation Camp was working on the conversion for the Dodge and why it was taken all the way up there when there was a conservation camp and shop outside of Tonopah. Vance Payne stated Bobby Bottom operated a heavy shop and their detail work for that kind of equipment was done at the Ely camp. He said all the work was done for $300.00.
Commissioner Eastley
asked for details of the Thank You Incentive Point Program. Mr. Payne believed it had been terminated. Commissioner Eastley noted the report stated it was currently being developed. Mrs. Webster explained that it had been developed and was in review. She had not had a chance to discuss it with Mr. Payne, but she thought it was a good program that the County would want to move forward with.
Commissioner Eastley
asked for an update on the Tonopah jail control panel. Mark Hatfield advised the bidder, Sierra Detentions, had done their preliminary work, mapped July 17, 2012 20a. Ongoing Project Report.-Cont’d. out the system, and developed detailed documents and diagrams. When they came back to start the second phase of the work they found the wiring was not what they had anticipated. Sierra Detentions submitted a change order due to the additional work, which increased the price by approximately $20,000.00. Mr. Haffield said the change order was being reviewed to make sure it was appropriate and valid.
Mrs. Webster
said the consideration was to go out to bid for this add-on rather than make it a change order. She explained two other vendors were approached and declined to bid because someone else was working on the control panel. She said the existing contractor had agreed to take the change order on a time and material basis.
Commissioner Hollis
felt if the company bid on it this was their problem as they should have foreseen this or at least looked at it before they bid. Brian Kunzi said the bid proposal did not include any work on the control panel and the work could not be completed because the bad wiring was discovered when they tried to hook into the control panel.
Commissioner Hollis
said in the future there needed to be language in the bid so it was looked at before it was bid on.
Mr. Hatfield
said in his opinion this was unforeseeable. When the building was built there was no document for this and the contractor assumed all the door locks and controls were wired the proper way. It was when they started taking the system apart that they realized they were not.
Commissioner Hollis
asked if there were blueprints or documentation on the control panel. Mr. Hatfield said there was not, although they had been looked for, and the current vendor did not have them either.
Commissioner Hollis
asked who was responsible for the buildings and the documentation. Mr. Hatfield said the documentation for the Tonopah courthouse and jail would have been produced by the general contractor when it was done.
Commissioner Hollis
said agreements with hired architects or contractors needed to state that all plans and documents stayed with the County. He asked Mr. Kunzi to put that language in the contracts. Mr. Kunzi advised the language was already there, but when the County builds there was a tendency to not really adhere to standards.
Mrs. Webster
said a schematic had been requested as a result of this change order and the County would retain it. Commissioner Hollis asked who would maintain it. Mrs. Webster said Building and Grounds kept a complete set of drawings for all the County buildings. July 17, 2012 20a. Ongoing Project Report.-Cont’d.
Commissioner Eastley
asked for a status on the telephone bill audit. Mr. Hatfield said he was working on it as time permitted and he was about 70% through it. 21. Emergency Services This item was removed from the agenda. 22. Facilities This item was removed from the agenda. 23. Finance This item was removed from the agenda. 24. Health & Human Services This item was removed from the agenda. 25. HIR and Risk Management This item was removed from the agenda. 26. Information Technology 26a. For Possible Action Discussion and deliberation to purchase a new Storage Area Network (SAN) to replace the current EMC SAN which has reached the end of life and needs to be replaced and has not been budgeted, but can be funded from Fund 10402 Special Capital Projects.
Commissioner Hollis
mad a motion to approve; seconded by Commissioner Eastley; 4 yeas. 27. Nuclear Waste Repository Proiect Office This item was removed from the agenda. 29. Public Administrator This item was removed from the agenda. 30. Public Works This item was removed from the agenda. July 17, 2012 31. Senior Services This item was removed from the agenda. OTHER BUSINESS 32. Town BoardslTown Advisory Boards 32a. For Possible Action Discussion and deliberation concerning a request to approve a contract renewal with Valley TV & Communication for the maintenance of the television translator site operated by the Manhattan Town Board in the amount of $2,500.00 beginning July 1, 2012 to June 30, 2013 which has been budgeted from Fund 27101 Manhattan Town.
Commissioner Hollis
made a motion to approve; seconded by Commissioner Eastley; 4 yeas. 33. Public Petitioners This item was removed from the agenda. 7. For Possible Action - Emergency Items Pam Webster advised she had received a call that the pump on the park well in Amargosa Valley had gone out. Joe DeLee, Town Chairman in Amargosa Valley, had called her and had received quotes. She asked Mr. DeLee to speak with Jeff Farnsworth in Public Works to determine the best course of action. They ordered a new pump, which cost of $9,000.00 and which Mrs. Webster approved. She said she would place it on the special meeting agenda for the Board’s approval. 28. Planninq!Building 28.1. Ex Parte Communications and Conflict of Interest Disclosure Statements There were none. July 17, 2012 28.2. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 201 2-05: A Bill proposing to amend Nye County Code 15.16 “Building and Construction Codes Effective Within the Pahrump Regional Planning District” by amending Section 15.16.050 to allow the placement and use of portable restroom facilities in certain scenarios where permanent restroom facilities do not exist; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto.
Commissioner Eastley
asked why the Board continued this previously. Brian Kunzi advised it was continued at his request because of concerns with temporary facilities. He said the language had been reworked.
Commissioner Wichman
opened and closed the public hearing. There was discussion about not having a final ordinance and what the effective date of it would be.
Commissioner Eastley
made a motion to continue the public hearing to August 21, 2012, at 11:00 a.m.; seconded by Commissioner Borasky; 4 yeas. 34. GENERAL PUBLIC COMMENT (second) Don Cox said he did not see anything wrong with the licensing of cats, but a collar should not be put on a tree climbing animals as they would hang themselves.
Commissioner Wichman
said the matter was on the agenda and would be brought back.
Commissioner Eastley
said the license just had to be produced. The animal did not have to wear it. 35. ANNOUNCEMENTS (second)
Commissioner Hollis
reminded everyone that Mitt Romney’s bus would be in Pahrump today between 5:00 p.m. and 6:30 p.m. at the Nye County Republication Central Committee’s Office on Highway 160. Dean Heller and Danny Tarkanian would also be present. 36. ADJOURN
Commissioner Hollis
made a motion to adjourn; seconded by Commissioner Borasky; 4 yeas. July 17, 2012 11:30 a.m. Dedication of the Nye County Health and Human ServiceslHealth ClinicNeteran Services Building The dedication occurred after the adjournment of the regular meeting. APPROVED this /8 day ATTEST: Of , 2012.
Chair Ny
Cunty Clerk / Deputy