August 7, 2012

Commissioner Eastley

asked if an environmental assessment (EA) was needed on drought because of grazing conditions and wondered if every land use decision required an assessment. Mr. Seley explained if BLM made a recommendation then an environmental document was needed to back it up.

Commissioner Eastley

asked if the decision to be made was whether or not to reduce in time or in AUMs the grazing allotments. Mr. Seley said that could be one of them.

Mr. Seley

explained that going into the fall there was essentially negligible moisture through December. He mentioned to the District Manager that based on his travels throughout Nye County and into Lander County he believed there would be a drought situation similar to the one in 1996. Mr. Seley felt livestock permittees needed to be informed early and the District Manager sent a letter to all the grazing permittees in the district on February 13, 2012.

Mr. Seley

said a drought EA was developed, which included things like drought triggers, water availability, vegetative use, and growth of plants. His office in Tonopah began monitoring the water and forage availability on the range in March. He said the recent thunderstorms relieved some of the pressure, but did not alleviate the problem. He said the other thing that helped tremendously was being on the wild horse gather schedule last year. Mr. Seley advised if that had not been done then he would have had to issue livestock closures almost immediately because the wild horses would have been out of balance.

Commissioner Eastley

asked if an allotment could ever be within an HMA. Mr. Seley said it could. Commissioner Eastley said it was extremely frustrating to her that in drought conditions like this if there was some other change in the range conditions the ranchers paid the penalty because registered letters could not be issued to a bunch of wild horses.

Mr. Seley

advised that the area in Nye County he was concerned about was the Razorback Allotment in Beatty, which had approximately fifty head of cattle and was not meeting the conditions of the grazing permit. He said BLM may take action to work with the permittee to get the cattle numbers down and change the season of use to try to get the cows off the plants during active growth. He said another area of concern was in Sands Springs, but otherwise everyone had taken appropriate action.

Commissioner Eastley

asked if the HMA in Beatty was primarily horses or burros. Mr. Seley said it was all burros. August 7, 2012 10:00 a.m. Timed Agenda ltems:-Cont’d. b. Presentation by Tom Selev from BLM on the Battle Mountain Drought Environmental Assessment.

Commissioner Eastley

said people were really sympathetic to the plight of the wild horses. The ones she talked to thought the gathers were cruel, but they did not see the horses dying because of a lack of water or because they got into the wrong kind of water, or horses starving to death, or horses inbreeding so much that there were physical deformities in the colts. She observed it was kind to get them off the range into an area with food and water on a regular basis.

Mr. Seley

advised Battle Mountain was in the worst drought since 1954 and water was being hauled to one of the HMA5 outside of Eureka. Commissioner Schinhofen asked how much that cost the taxpayers. Mr. Seley said he did not know the actual cost.

Commissioner Schinhofen

noted the other thing people did not realize was the amount of money spent to let the horses run free.

Commissioner Schinhofen

asked how far back the lack of rainfall had been tracked. Mr. Seley said it had been trending down for a little bit of time and the rain gauges that supplemented the weather station from NOAA showed no measurable rain from October to February or March. He said the gauges were set up because the NOAA stations were too far apart to give accurate readings.

Mr. Seley

stated it was beneficial to have a plan in the operations for a drought or dryer time period because of the wild weather streams in the area. He had advised people to cull their herds and get rid of some of the animals until the times were better. He said he was concerned with November because with no moisture the plants would not grow and people would not be able to turn out a cow.

Commissioner Schinhofen

asked if the end of July/beginning of August was usually monsoon season. Mr. Seley said usually, but not always.

Mr. Seley

said the document did not have a decision record and had a finding of no significant impact. He said they were working on a case by case basis and if after consulting and working with a livestock operator a decision had to be issued, it would be issued off of this document and would take effect immediately. That decision could be a partial closure of an allotment, a closure of an allotment, or a wild horse gather. Mr. Seley said they had committed to J.J. Goicoechea, the head of Nevada Cattlemen’s Association, to contact him before a decision was made and he would contact

Commissioner Eastley

and Commissioner Wichman as well.

Commissioner Wichman

thanked Mr. Seley for the communication between the BLM and herself as to what was going on in the district. August 7, 2012 10:00 a.m. Timed Agenda Items:-Cont’d. b. Presentation by Tom Seley from BLM on the Battle Mountain Drought Environmental Assessment.

Commissioner Eastley

asked who made the decision to issue a FONSI (Finding of No Significant Impact). Mr. Seley said staff prepared the environmental assessment and made the recommendation for a FONSI and he reviewed both. 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. 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

Commissioner Wichman

said in the last paragraph on page 16 of the July 3, 2012, minutes the word “community” should be replaced with the word “courthouse.”

Commissioner Schinhofen

said the word “any” in the last sentence of the fourth paragraph on page 5 of the July 3, 2012, minutes should be replaced with the word “anything.”

Commissioner Schinhofen

said under item 91 on page 13 of the July 3, 2012, minutes, he thought the vote was taken after the discussion was held. Also in the third paragraph on that page, Commissioner Schinhofen clarified that he had no trust in Ms. Worrell’s veracity.

Commissioner Schinhofen

made a motion to approve with the changes as stated; seconded by Commissioner Eastley; 5 yeas. August 7, 2012 10:45 a.m. Timed Agenda Items: a. For Possible Action Continued Public Hearing, discussion, and deliberation 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.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Eastley

observed that the recommendation and findings stated that adequate drinking water and an adequate sewage system would be available. She said when planning items were presented, the Board made a motion to approve based on staff recommendation with standard conditions of approval, which included an adequate drinking water system which would accommodate “x” number of people. She asked if the recommendations and findings were sufficient to issue the license or if they should be amended to move forward with issuing the license. Brian Kunzi said the Commissioners had to be satisfied under the terms of the ordinance that there was adequate water and sanitary facilities and the requirements for law enforcement were met.

Commissioner Schinhofen

said adequate law enforcement or a security plan approved by the Sheriff was required and they had the security plan.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley; 5 yeas. Paula Glidden said she was confused because she did not have the plan for the police and did know how much this was going to cost PAVED. The Board instructed Captain Bill Becht to discuss this with Ms. Glidden.

Commissioner Eastley

said she had seen a specific reference in a Nevada Revised Statute to a licensing board and it was not exclusively limited to liquor, gaming, or brothel. She asked if these licenses should go before that board for approval. Mr. Kunzi agreed and said it would be easy to accomplish.

Commissioner Eastley

asked if the categories on the LLB agendas were needed. Mr. Kunzi said they were not since it was just an action item as long as the action item described the subject matter. Sam Merlino advised that three applications were set for the next meeting at 10:45 a.m. Lorina Dellinger said the time for that LLB meeting could be changed. August 7, 2012 10:45 a.m. Timed Agenda ltems:-Cont’d. b. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reiect Nye County Bill No. 2012-13: A Bill proposing to repeal 68 Gabbs City Ordinances 7,8,12,14,15,16,19, 20, 22A, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82 and 83.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Eastley

made a motion to adopt; seconded by Commissioner Schinhofen; 5 yeas. c. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nve County Bill No. 2012-14: a Bill proposing to amend Title 8 of the Nye County Code by adding a new Chapter 8.40 creating the Nve County Raw Milk Commission, setting forth its powers and duties, establishing the numbers and terms of the members thereof; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto.

Commissioner Wichman

opened and closed the public hearing. Brett Ottolenghi said he supported the bill and was present to answer questions.

Commissioner Eastley

reminded the Board that at the July 3, 2012, meeting

Commissioner Schinhofen

had said when this ordinance came back for adoption that he wanted to know what the cost of running this commission would be because fees sufficient to cover the cost would have to be set. Pam Webster advised the only fees involved would be the payment of a stipend or if the commission needed support for their meeting minutes and agendas. She said it would be up to the Commissioners to set fees or decide to provide County support for their meetings.

Commissioner Eastley

said they would need someone to put their agendas together, do their minutes and recordings. Mrs. Webster said it would involve travel, but County support could be used or they could hire someone to do that.

Mr. Ottolenghi

said there were volunteers for those positions who understood it was a volunteer position and were not expecting compensation. He said there might be some costs in administration work, but he could find one member to take on those responsibilities.

Commissioner Eastley

explained there was a certain way the minutes had to be taken by law and open meeting law training was required. She said this was not a volunteer group but a commission which held the same responsibilities of any advisory board. August 7, 2012 10:45 a.m. Timed Agenda lterns:-Cont’d. c. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adapt, or reject Nye County Bill No. 201 2-14: a Bill proposing to amend Title 8 of the Nye County Code by adding a new Chapter 8.40 creating the Nye County Raw Milk Commission, setting forth its powers and duties, establishing the numbers and terms of the members thereof; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto.-Cont’d. There was a great deal of responsibility and legal obligations to serve on it. She wanted to make sure the funding was in place to handle that and said the Commissioners would interview and talk with the people who wanted to serve to make sure they realized the obligation they were putting themselves under.

Commissioner Schinhofen

made a motion to adopt with an effective date of August 27, 2012, and instructed the Clerk to advertise for the positions; seconded by

Commissioner Eastley

; 5 yeas.

Commissioner Wichman

said today was National Purple Heart Day and Pahrump Town Board Member Tom Waters was a member of that group.

Commissioner Wichman

said on July 20, 2012, she participated in the Brownsfield Coalition meeting and was impressed by the amount of things achieved in such a short period of time. All of the counties had made their Phase I milestones and she applauded Commissioner Eastley for her work on this.

Commissioner Wichman

said on July 27, 2012, she attended a Public Lands Natural Resources meeting, which had a very interesting presentation by Jim Lawrence from the Nevada Division of Lands concerning Nevada’s history and how it entered into the United States. She had several requests to join the American Lands Council and the Oregon movement called Give Back Our Lands, but as the chairman of the Public Lands Natural Resources Committee she elected to get more information before making recommendations to NACO. She asked anyone interested let her know and she would give them Web addresses.

Commissioner Wichman

advised several things were done during the NACO Board of Directors meeting and one which was important to the residents of Nye County was the prescription drug card program. She said Nye County was leading the way in that. The people in Nye County had taken advantage of it wholeheartedly, reaped the benefits, August 7, 2012 and lead the nation in use of that card. She said there would be an offer of vision, hearing, and lab fees in the near future.

Commissioner Wichman

said NDOT had asked for a BDR that stated if no response was received from a county when NDOT asked to turn roads over to it, then the roads would automatically be turned over to that county. The NACO Board of Directors would adopt a resolution to put this information in front of the Legislature so they would know the effect this would have on the counties.

Commissioner Wichman

stated a group called Optimus was analyzing the effects of the affordable care act on each of the counties and they would provide an itemized list of what it would cost the counties once it became law.

Commissioner Wichman

said Tom Akers of the Akers Group gave a presentation about not only working with businesses to bring businesses into Nevada, but also working to retain the businesses already in existence. She learned that there were opportunities for businesses in Nye County to piggyback on County or State purchasing agreements to give them some price breaks and help the businesses stay afloat.

Commissioner Wichman

advised NACO was going to put forth a BDR to see if the County could capture some diesel tax.

Commissioner Wichman

told the Board that as a result of the request for all of the boards to send in their agendas and minutes there was no longer a Manhattan Advisory Board because there were two individuals that sat on a three-man board and neither one had a computer. She said they taped their meetings and when they were requested to give a transcribed written document of their minutes they could not do it and refused to hand-write them.

Commissioner Eastley

asked if it was a minimum requirement of the law to tape the meetings. Sam Merlino said minutes were needed.

Commissioner Wichman

asked who paid for the cost to transcribe when people could not transcribe and were not trained to. Brian Kunzi advised the Board that they could not deliberate matters under Commissioners’/Manager’s Comments or Announcement and this would need to be placed on a future agenda for discussion.

Commissioner Schinhofen

stated two County emergency service people were up at the Willow fire in Elko, Nevada, and two others went to the Pyramid fire in Cedar City, Utah. He observed that Nye County had been helping out all over the place recently. . August 7, 2012

Commissioner Eastley

asked about the method of cost recovery for Nye County. Pam Webster said BLM reimbursed completely and paid for use of the equipment.

Commissioner Borasky

said there would be a candidates’ night at The Nugget in Pahrump on October 4, 2012, at 6:00 p.m., and he would have more information at the next meeting.

Commissioner Borasky

said a large card was being circulated around the building in Tonopah for people to sign which would be sent to Aurora, Colorado, and presented by Butch Harper.

Commissioner Borasky

advised he had been appointed by the Governor to be on one of the sector council boards and it would be under renewable energy rather than the mining one he was initially put on. Commissioner Eastley asked if it would represent all areas of the County or only Pahrump. Commissioner Borasky said he would know a little more after the first meeting, but he believed there were different individuals from different parts of the State and that it would be more of an advisory board.

Commissioner Borasky

said Desert View Hospital’s Children’s Health Fair would be August 11, 2012, from 9:00 a.m. to 1:00 p.m. There would be free hot dogs, dental screenings, sports physicals, vision checks, local care providers, and no-cost immunizations. He encouraged parents to take their children to the fair.

Commissioner Wichman

said an agenda item was needed to consider the election of the funding source via a resolution to be directed to the Veterans Services on the new contract for the prescription drug cards and asked Pam Webster if she had received information from NACO on that. Commissioner Wichman explained it was her understanding from the Board of Directors meeting that a resolution was needed to accept the $1.00 and if that was done she wanted that money directed by resolution to the Veterans Services.

Commissioner Eastley

thought it had already been approved. Brian Kunzi also thought it had already been approved. Commissioner Eastley said it was not approved to go to Veterans Services. Mrs. Webster said it was to go back in to the other program.

Commissioner Wichman

asked Mrs. Webster to check and see what was approved and if Mrs. Webster had not received the information from NACO she would forward what she had. August 7, 2012 8. Commissioners’IManaQer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Mr. Kunzi

asked if the funds had to be earmarked. Commissioner Wich man said no, but if that election was made she would like a resolution to direct that money to Veterans Services so this Board could vote on it.

Commissioner Eastley

said she remembered voting on the item and approving it to go back to the program. Mrs. Webster agreed. Commissioner Wichman said that would all stay in place if the same provider was selected.

Commissioner Eastley

said the $1.00 was redirected back to the program to offset the costs to Health and Human Services. Commissioner Wichman asked Commissioner Eastley if Caremark was the provider now. Commissioner Eastley said it was.

Commissioner Wichman

said if they selected Caremark then it would not change anything.

Commissioner Wichman

said the Tom Akers information may be a good opportunity for a workshop.

Commissioner Schinhofen

said he had met with the group for the master plan for the Eye and asked Mrs. Webster if another date was set for that to come back. Mrs. Webster said a formal rescheduling was not done yet. Commissioner Schinhofen said Bob Irving had asked to be part of that group and he wanted Mr. Irving to come in as a private citizen.

Commissioner Schinhofen

said there was a joint meeting with the RTC and the Master Plan Committee. He said he would like it agendized if a similar meeting was held again as he was told they could not do certain things. He would also like items included that the RTC could do something about.

Commissioner Eastley

reminded Lorina Dellinger that she had said there would be a resolution at the July 17, 2012, meeting and Commissioner Eastley did not recall seeing one. Mrs. Dellinger said it was not needed. She said letters were sent and she was setting up notifications to the Commissioners of when the agendas and minutes were published because they were putting them on the Web.

Commissioner Eastley

asked Mrs. Webster for the status of the Memorandum of Understanding with the Pahrump Senior Center. Mrs. Webster said Susan Paprocki had been working and meeting with them, had attended their board meeting, and had been discussing their budget and financials. She said as soon as that was done the MOU would be sent to the District Attorney’s Office.

Commissioner Eastley

asked how often the board met. Mrs. Paprocki said the board of trustees met quarterly and she would attend those meetings. August 7, 2012 8. Commissioners’IManaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Eastley

asked how much longer it would be before the MOU was ready.

Mrs. Webster

said they had experienced difficulties, such as no budgets in place and inadequate financials. She was waiting for Dan McArthur to release the most recent end of the year audit. She said that without a budget or any kind of financial reports she was very concerned.

Commissioner Eastley

asked if a deadline had been set. Mrs. Paprocki said she had been in contact with Ann, but there was no commitment as of yet. Commissioner Eastley asked if a deadline was going to be set. Mrs. Webster said she would set something for the end of this month.

Commissioner Eastley

stated Pete Goicoechea would carry the bill for acquisition of the Belmont courthouse and he wanted Mr. Kunzi to send him some language so he could present it to the LCB.

Commissioner Eastley

commented she was at a meeting of the Friends of the Belmont Courthouse in Belmont on Saturday morning and was surprised to see Vance Payne there. She told Mr. Payne how much she and the volunteers appreciated seeing him in that part of the County.

Commissioner Eastley

told the Board of an email she received over the weekend from someone in the Pahrump community concerning a code compliance issue in Pah rump. The issue was resolved on Monday, but the individual had become so frustrated that he had put his property up for sale and was going to leave. Commissioner Eastley told

Mrs. Webster

that it would help the County in planning if there was some function, such as a simple comment sheet, that rated or graded the County in a number of areas, including ease of using the system, whether the problem was resolved, and asking the customer if they would put in writing what their recommendations were for identifying and correcting problems in the processes. Commissioner Eastley said the gentleman she spoke to had several recommendations after the problem was resolved as to how the problem could be avoided in the future. She thought it would be great to be able to get comments back from all of the customers.

Mrs. Webster

said there was a survey that was used now with local businesses and it could be modified to adapt to this. Commissioner Eastley asked that the Board be allowed to look at it before it was put to use.

Commissioner Hollis

said he was attending an Association of Defense Community conference in Monterey, California, and Nye County was a defense community because of the Tonopah Test Range, the Nellis Bombing Range, and parts of the Nevada Test Site. One of the things this commission was trying to do was show the defense contractors and military people how difficult doing business with them was on solar and renewable energy. August 7, 2012 8. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Hollis

was also attending meetings on the land and buildings that DOT contractors or the federal government did not use so local government could put some manufacturing or businesses in those areas, like in Mercury.

Commissioner Eastley

added that she and Mr. Lacy met with the manager of the Test Site in Las Vegas last week and those issues were discussed. She hoped to have positive news to bring to the Board in the near future.

Commissioner Schinhofen

asked to have items 9b and 9c pulled for discussion.

Commissioner Hollis

asked to have item 9q pulled for discussion. 9d. For Possible Action — Approval of Personnel Actions

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9e. For Possible Action Approval to enter into a three year contract with Frontier Communications for DSL Service at the Tonopah Animal Shelter and is budgeted from Fund 10101 General.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9f. For Possible Action Approval for the Nve County Sheriff’s Office to trade 99 forfeited or confiscated firearms to the New Frontier Armory. LLC in exchange for new handguns and new parts for existing NCSO firearms.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. August 7, 2012 9g. For Possible Action Approval to accept the US Department of Justice. Bureau of Justice Assistance: Byrne Justice Assistance Grant (JAG) to provide for five (5) digital in car cameras for narcotics highway interdiction and monies for installation in our vehicles. A match is budgeted from Fund 10101 General and the grant shall be administered from Fund 10340 Grants.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9h. For Possible Action Approval of a lease agreement with Pitney Bowes Global Financial Services for the repair and maintenance service for the postage equipment located in the Nye County Sheriffs Office in Pahrump, NV for a period of 60 months and is budgeted from Fund 10101 General.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9i. For Possible Action Approval to issue a renewal WholesalelRetail Fireworks Permit to Outlaw Pyrotechnics. Inc. Kelly Bernard, Applicant.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9k. For Possible Action Approval to apply for the Public Agency Compensation Trust (PACT) Stryker EMS Equipment 50150 Grant to provide ergonomically beneficial equipment in an effort to reduce risk and injury to the EMS careciiver during patient handling and transport. This grant shall be administered from Fund 10340 Grants and has a 50% match which is budgeted from Fund 10282 Ambulance and Health.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. August 7,2012 91. For Possible Action Approval to purchase a Contex SD 3690 36-inch large format color_document scanner for the Tonopah Planning office and can be funded from Fund 10254 Building Department.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9m. For Possible Action Approval to accept the transfer of Bureau of Land Management (BLM) road right-of-way permit N-39914 for Weiss Blvd (approximately 2,600 feet) between Powerline Road and Sandy Lane in Amargosa Valley.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9n. For Possible action Approval to purchase and install replacement water softener controllers at Pahrump and Beatty Courthouse buildings and can be funded from FundlO4Ol Capital Prolects.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9o. For Possible action Approval of Change Order No.1 to the contract with Sierra Detention Systems Bid # 2011-3IIPWP #NY-2012-97 Tonopah Jail — — Control Panel and can be funded from Fund 10402 Capital.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9p. For Possible action Approval of the proposed FY 2012-13 Regional Transportation Commission (RTC) Fund 10207 (4) budget.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9r. For Possible Action Approval of a lease with New Frontier Treatment Center to rent office space for a three year term at $1.00 per year. Office space dimension is approximately 285 square feet containing I office which is located in the Old Courthouse on Frankie Street, Tonopah, Nevada 89049.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. August 7, 2012 9s. For Possible Action Approval of Change Order No. I to the contract with Aon Fire Protection Engineering Corporation to provide special inspection (Special Inspector) smoke control testing services and can be funded from approved Project BPIIO2 Fund 10451 Bond Proceeds.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9t. For Possible Action Adoption of Nye County Resolution No. 2012-36: a resolution congratulating Rural Nevada Development Corporation on twenty years of service to Rural Nevada Communities.

Commissioner Eastley

made a motion to approve the consent agenda with the exceptions of items 9b, 9c and 9q; seconded by Commissioner Schinhofen; 5 yeas. 9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

noted there were a lot of concealed weapons permits issued and $74,417.00 had been collected since the first of the prior fiscal year. He said he also had the brothel work cards and brothel licenses pulled since he was always told the work cards paid more than the licenses and found that was not true.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley; 5 yeas. 9c. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

asked why there was such a large change on a parcel on the second page of the Assessor’s report. Commissioner Eastley said the parcel had been charged for improvements that were not on it.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley; 5 yeas. 9g. For Possible Action Approval of Change Orders No. 8. 9 and 10 to the contract with Wulfenstein Construction. Inc. for additional work and materials on the Blaqg Road Sewer Line Trench Backfill Replacement Project and is budgeted from Prolect PE1202 Fund 10493 Capital Projects.

Commissioner Hollis

said he received a call from Frank Wilson who was very disturbed about the change orders. Commissioner Hollis wanted to make sure the public understood an existing sewer line was being dug up and no one knew what was going to be encountered when that was done. Now that it was being dug up cavities were being found that had to be dealt with. These items were not in the original scope of work and the change orders were needed so the contractor would be paid for that a August 7, 2012 9g. For Possible Action Approval of Change Orders No. 8. 9 and 10 to the contract with Wulfenstein Construction, Inc. for additional work and materials on the BIa Road Sewer Line Trench Backfill Replacement Proiect and is budgeted from Proiect PEI 202 Fund 10493 Capital Projects.-Cont’d. additional work. He wanted the public to understand that these change orders were for unforeseen things.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. PUBLIC OFFICIALS 10. Assessor This item was removed from the agenda. 11. 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. I Ic. 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 to provide direction to the Animal Control Advisory Board to prepare a resolution to address the fee schedule pursuant to Title 6 Animal Control.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

asked if the advisory board would prepare new things and bring them back. Commissioner Eastley said they would just prepare the fee schedule. August 7, 2012 lid. For Possible Action Discussion and deliberation to provide direction to the Animal Control Advisory Board to prepare a resolution to address the fee schedule pursuant to Title 6 Animal Control.-Cont’d.

Commissioner Eastley

clarified that this was different than the ordinance to amend the title. It was just a resolution to set the fees. 12. Clerk This item was removed from the agenda. 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. 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. August 7, 2012 GENERAL NYE COUNTY ADMINISTRATIVE STAFF 20. County Manager 20a. For Possible Action Discussion and deliberation concerning a request to approve funding for Educational Tuition Assistance and can be funded from Fund 10301 Special Proiects Endowment.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Sch in hofen. Pam Webster said it took several years to spend the $50,000.00 so it was now going to be done in $10,000.00 increments.

Commissioner Hollis

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Eastley

asked if a contract amendment had to be brought back for the janitorial service. Mrs. Webster said she was not sure and would check.

Commissioner Borasky

asked if all new furnishings or good quality used furniture would be purchased. Mrs. Webster said she was open to both. Commissioner Borasky said brand new furnishings were not needed. Mrs. Webster pointed out that this needed to be a place for people to stay that was equivalent to a hotel room with the convenience of being able to leave personal items there. August 7, 2012 20c. For Possible Action Discussion and deliberation to adopt, amend and adopt, or relect Nye County Resolution No. 2012-38: a Resolution that it is in the best interest of the public to lease a portion or portions of the Amarosa Valley Science and Technology Park property without offering it at public auction and for less than fair market value, for purposes of economic development; soliciting proposals for lease of land at the Amargosa Valley Science and Technology Park for purposes of economic development; declaring that on or after the date of this resolution, as proposals are received and considered, the Board of County Commissioners may lease a portion or portions of the Amargosa Valley Science and Technology Park properW, on such terms as are deemed to be in the best interest of the County, without appraisal or further public auction, pursuant to NRS 244.2815 and NRS 244.2795: directing and authorizing the Chairman of the Board of Commissioners and the Coun Clerk to take all actions necessary to carry out the intent of this Resolution; and other matters related thereto.

Commissioner Eastley

made a motion to adopt. Brian Kunzi said he had looked into this and unfortunately an appraisal had to be done before these properties could be leased. He said there was a question of whether this was established as an industrial park. He recommended approval of the resolution authorizing the lease.

Commissioner Eastley

withdrew her motion.

Mr. Kunzi

said a motion could be made to have this go out to a lease appraisal and then it could be put together.

Commissioner Eastley

made a motion to go out for a lease appraisal; seconded by

Commissioner Schinhofen

; 5 yeas. 21. Emergency Services This item was removed from the agenda. 22. Facilities This item was removed from the agenda. 23. Finance 23a. Audit Corrective Action Status Report The report was in the backup. There was no action taken. August 7, 2012 23b. Budget to Actual by Fund Report Susan Paprocki clarified that the figures were for the prior fiscal year. She said she would have a report for both last year and the current year at the next meeting.

Commissioner Wichman

asked Mrs. Paprocki to try and make it clearer which fiscal year the report encompassed. 23c. For Possible action Discussion and deliberation for a one year renewal of the contract with Advanced Surveying and Professional Services to provide County Surveyor Services, excluding mining claims and is budgeted from Fund 10101 General. Pam Webster explained the existing contracted surveyor requested that the contract be put on the agenda for renewal and it was staffs recommendation to do an RFQ.

Commissioner Hollis

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 24. Health & Human Services This item was removed from the agenda. 25. HIR and Risk Management 25a. For Possible action Discussion and deliberation to approve the changes to the Engineering Tech IV iob description and promote Jim Shaner into the approved position retro back to July 1, 2012 and can be funded from Fund 10205 Road.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 26. Information Technology This item was removed from the agenda. 27. Nuclear Waste Repository Proiect Office This item was removed from the agenda. Page2l August 7, 2012 28. PlanninqlBuildinqlCode Compliance 28a. Ex Parte Communications and Conflict of Interest Disclosure Statements There were none. 28b. For Possible Action Discussion and deliberation reciarding the status of nuisance properties and possible abatement action. Ricky Flores, owner of 561 West Irene, outlined the various steps he had taken to bring the property into compliance, which included cutting up the vehicles for scrap, placing vehicles in the back yard as the County told him to do, cleaning up the front yard, and spreading a pile of gravel out on the property. He had submitted pictures to George Bernath which showed the progress he had made. Mr. Flores thought he was about 85%-90% done with what he was required to do. He asked the County to tell him what he could and could not keep.

Commissioner Hollis

asked how many years this property had been under abatement.

Commissioner Eastley

responded it had been seven years.

Commissioner Hollis

said from what he saw very little had been done in seven years. He pointed out that the Nevada Revised Statutes stated a person could only have two unregistered vehicles on their property and that Mr. Flores’ neighbors had complained about the property being a nuisance. He asked Mr. Flores if his mobile home was inspected by Manufactured Housing when it was moved onto the property. Mr. Flores said it was.

Commissioner Hollis

asked Mr. Bernath if Mr. Flores was in compliance with the law.

Mr. Bernath

said not to his knowledge. Commissioner Hollis asked Mr. Bernath if an inspection had been done of the mobile by Manufactured Housing as far as the gas, pedestals, etc. Mr. Bernath said there were no records of a zoning review through the Planning Department or that building permits were pulled.

Commissioner Hollis

asked Mr. Bernath if Mr. Flores was in violation again of the ordinance on building safety and manufactured housing because when a mobile was moved it had to be reinspected by Manufactured Housing. Commissioner Hollis said he saw the flames the night of the fire on Mr. Flores’ property and it sent shockwaves through him that somebody else could get hurt because of this nuisance. Brian Kunzi advised the Board that based on discussions with Mr. Bernath his office filed for an administrative seizure warrant with the courts. He was still waiting to receive that and once it was received the County would go onto the property and clean it up.

Commissioner Eastley

thanked Mr. Bernath for the report. r August 7, 2012 28b. For Possible Action Discussion and deliberation regarding the status of nuisance properties and possible abatement action.-Cont’d.

Mr. Bernath

updated the Board on the Jornada case, which was 75% cleaned up. He said there were some vehicles on the property without titles and the owners were going through the lost title process to get those. He said most of the junk and debris had been removed.

Commissioner Hollis

asked about the McMurray property. Mr. Bernath said he went by it yesterday and it was in the same condition as it was the last time he was there. He said he was holding off on abatement there until the Flores property was finished. 29. Public Administrator This item was removed from the agenda. 30. Public Works This item was removed from the agenda. 31. Senior Services This item was removed from the agenda. OTHER BUSINESS 32. Town BoardslTown Advisory Boards 32a. For Possible Action Discussion and deliberation to write-off the uncollectable utility accounts from the books of the Town of Gabbs.

Commissioner Schinhofen

asked Pam Webster if collection agencies were ever used.

Mrs. Webster

said they were in the past, but not currently. She explained the issues with these particular write-offs were the people had abandoned the property so there were no forwarding addresses. She said a collection agency may have avenues of search that were not open to the town office.

Commissioner Schinhofen

asked if there would be some way in the future to move to turn them over to collection instead of writing them off. Mrs. Webster said at this point enough time had gone by that there would not be much luck, but if it was done earlier there might be a chance at recovery.

Commissioner Schinhofen

made a motion to approve.

Commissioner Hollis

asked if there was an avenue to lien the property for unpaid bills.

Mrs. Webster

stated it was small amounts to lien the property for. In the past they had August 7, 2012 32a. For Possible Action Discussion and deliberation to write-off the uncollectable utility accounts from the books of the Town of Gabbs.-Cont’d. been taken to small claims court for collection, but that was hard to do when the people could not be found. She said it would be costly to lien the property for small amounts.

Commissioner Hollis

suggest that a lien be put on the property so it could not be sold until the debt was satisfied. Mrs. Webster said she would research the cost of liening the property and would bring the matter back.

Commissioner Hollis

seconded the motion.

Mr. Springmeyer

was going to say and it was an issue that the County needed to pursue. It was his recommendation that outside counsel be hired to handle it.

Mr. Springmeyer

explained the issue revolved around the Real Property Transfer Tax (RPTT) in Nevada outlined in Chapter 375 of the Nevada Revised Statutes. Nye County collected $3.90 for every $1,000.00 in value each time a deed was recorded, of which $1.30 went to Nye County as well as a “commission” for collecting it for the State. He explained that Fannie Mae and Freddie Mac had claimed an exemption to the RPTT because they were governmental entities, but by 2003 they had been converted to completely private stock corporations traded on the New York Stock Exchange and should have stopped claiming the exemption at that time. August 7, 2012 33b. For Possible Action Presentation, discussion and deliberation regarding potential litigation regarding transfer tax exemptions and possible action on retaining the lawfirm of Wolf. Rifkin, Shapiro and Schulman as special counsel. Cont’d.

Mr. Springmeyer

said a treasurer in Michigan had questioned Fannie Mae’s and Freddie Mac’s use of the exemption. A letter was sent instructing them to pay the tax, but they refused. He said there were two lawsuits in Michigan right now on this, one county- specific and one on behalf of all counties. The class of all the counties had been certified and summary judgment was granted. Fannie Mae and Freddie Mac stopped relying on the governmental exemption once the matter got to the courts and said their federal charter stated they were exempt. The judge denied that argument and said RPTT was an excise tax and there was no exemption from that. A trial lawyer in Michigan then reached out to other lawyers in other states to inform them of the issue.

Commissioner Eastley

asked if the Board would initiate a suit on behalf of Nye County or if it would enjoin other counties. She also wondered if the State Treasurer would demand a share if the County prevailed. Mr. Springmeyer stated the action would be by Nye County on behalf of all the counties and the key reason for doing it that way was once it was filed the statute of limitations stopped running, which was critically important because Chapter 375 had a three year look back period. As far as the Treasurer, he said the County’s obligation under the statute was to collect the entire tax and forward the shares to those who were not the County. It would not be a matter of demand.

Mr. Springmeyer

said about 37 states had something like this in their statutes with little variations and there was some movement afoot to bring all the federal cases together in front of one judge. He had done a little analysis and figured that there were about 3,000 foreclosures in Nye County since early 2008 with about 90% of them in Pahrump. He said based on his firm’s work in other states and counties, he believed that 50%-70% of those foreclosure were Fannie Mae and Freddie Mac foreclosures. He said one in every 395 homes received a default notice in June 2012, which equated to thousands of dollars a week that the County was not getting.

Mr. Springmeyer

said his proposition was for his firm to be retained as special outside counsel to pursue this litigation on a contingent fee and they would advance the costs at no risk to the County.

Commissioner Eastley

asked about the details of the percentage of the settlement his firm would acquire. Mr. Springmeyer said his proposal was 28%. He would work with the District Attorney to develop a professional services agreement. Pam Webster asked if the 28% contingency would come out of the County’s recovery after full payment to the State had been made. Mr. Springmeyer explained that Fannie Mae and Freddie Mac had already agreed in Michigan that they would stipulate to a class action in each state if the taxing authority was the lead plaintiff. If that resulted in a judgment, the federal court would deal with the award of attorney’s fees. The bulk August 7,2012 33b. For Possible Action Presentation, discussion and deliberation regarding potential litigation regarding transfer tax exemptions and possible action on retaining the Iawfirm of Wolf, Rifkin, Shapiro and Schulman as special counsel. Cont’d. amount of the award would come to the County and the County would share the State’s portion from that.

Commissioner Eastley

asked Mr. Kunzi if he had a recommendation for what action the Board might take right now as she did not believe this was anything that they wanted to delay. Mr. Kunzi said it should not be delayed, but a professional services agreement needed to be brought back.

Commissioner Eastley

made a motion to instruct the District Attorney to proceed with litigation on this issue and to bring back a professional services agreement with Mr. Springmeyer’s firm to proceed in this matter; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

asked Mr. Kunzi if he thought this was a good thing. Mr. Kunzi said absolutely and this firm had special expertise in this area.

Commissioner Eastley

said Nye County would take this action on behalf of all counties in Nevada and asked Mr. Springmeyer if there were other counties he had spoken to that had taken action on behalf of their sister counties. Mr. Springmeyer said he had spoken with Clark County, but things were going very slowly. He said that Nye County and Clark County were the two big places where this was an issue.

Commissioner Eastley

asked Mrs. Webster or Mr. Kunzi to contact Jeff Fontaine with NACO and let him know what the Board did this morning.

Commissioner Eastley

asked if a licensing board in the context that the County used it would be anything but a sitting Board of County Commissioners. Mr. Kunzi explained the LLB had to include the Sheriff and the merger statute allowed the merger of the regular licensing issues with the liquor issues, which then brought the Sheriff into the sphere of dealing with the regular licensing issues with businesses.

Commissioner Eastley

clarified that the licensing board would only be for liquor, brothel and gaming. Mr. Kunzi said yes as it was currently created, but if any other type of regulations on businesses were established they would fall within that category. 36. ADJOURNMENT

Chair Ny

é Cojnty Clerk I Deputy