August 21, 2012

Commissioner Wichman

asked if they worked with the Veterans Services. Ms. Moldovan said they did and were in the process of collaborating since they just received the Tn-Care Standard Contract. She said they had been providing pro bono services since 2008, but right now were only allowed to serve those people who were not active military. She stated HOPE had received two civilian awards for providing those services.

Commissioner Eastley

asked about No to Abuse. Ms. Moldovan advised they had made referrals to HOPE and HOPE was collaborating with them.

Commissioner Eastley

asked if HOPE was a non-profit organization. She also asked where their funding was derived from or if they were grant-funded. Ms. Moldovan said they were funded through various insurances and Medicaid. She stated it was set up as an LLC, but functioned as a non-profit. 10:15 a.m. Recess to the Nve 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 Nve 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 Hollis

cautioned everyone to be aware of motorcycles as he almost collided with two of them when he backed out of the new gas station on Homestead.

Commissioner Borasky

said a Candidates’ Night was scheduled at the Pahrump Nugget on October 4, 2012, starting at 5:00 p.m. He said the candidates for Town Board, the Commission, the Justice of the Peace, and District Court would be there. It would be moderated by himself and Lee White.

Commissioner Schinhofen

said Pete Goicoechea would be at the NCRCC offices on Highway 160 on August 24, 2012, at 6:00 p.m.

Commissioner Wichman

said she attended a meeting of the Old Farts Group and found the discussions very stimulating. Pam Webster said she met with the people from NCOT regarding NVI 50 for the celebration of Nevada’s I 50 th birthday next year. They were beginning to discuss events and things that would happen, including the possibility of resurrecting the mobile th 00 museum that was done at the I anniversary. She would keep the Commissioners posted. Brian Kunzi clarified Nevada’s 150 th birthday would be in 2014.

Commissioner Borasky

said Jeff Fontaine of NACO had asked him if Pahrump would be interested in hosting a NACO conference. Commissioner Borasky told him he hoped so and as soon as he could get with the major players in town he would take that information to Mr. Fontaine. Commissioner Borasky said the next NACO conference would be in Las Vegas and hopefully one would be held in Pahrump the next year. Pam Webster said there would be a GOED leadership summit meeting in Tonopah on August 27-28, 2012, at the Mizpah and she would be speaking in front of the group to discuss Nye County and its interaction with the GOED centers of excellence and industry specialists.

Commissioner Eastley

asked what time it started. Mrs. Webster said they would travel Wednesday morning and be in Tonopah Wednesday afternoon for tours. The meeting would be Thursday morning and they would depart around noon. She said she would be able to speak with them around 11:00 am.

Commissioner Eastley

said a member of the Governor’s staff had told her an invitation to participate would be sent and asked Mrs. Webster if she had received one. Mrs. August21, 2012 Webster said she received a notice which asked for who the County would want to have on the invitation list. Commissioner Eastley asked if they would be able to go to the meeting, not just drop by and say hello. Mrs. Webster said she was not sure if they would be able to stay at the meeting, but they would be able to be there for their portion. Jim Petell said a Nevada National Security Site tour was scheduled for November 14, 2012. He said he needed 25 confirmed attendees or the bus would be cancelled. People could contact him at (775) 727-1401 or iimretell@aol.com to sign up.

Commissioner Schinhofen

said in light of the comments made by Mr. Petell earlier he would like the Sheriff’s Office to inform the Board of what happened in Mr. Petell’s neighborhood.

Commissioner Schinhofen

said he received a call from someone in Squaw Valley about a whole bunch of water that was coming off of BLM land when it rained, but BLM said it was the County’s problem. He was going to try to get BLM out to walk the property.

Commissioner Schinhofen

asked Pam Webster and Dave Fanning to get all the information they could on MM27 so it could be brought back to NDOT one more time as there was just another wreck and the County was told constantly that it could do nothing about it because it was not the County’s road.

Commissioner Borasky

said a tn-party meeting was scheduled and if Commissioner Schinhofen would give gave him the address or the property APN he would have it added to the discussion list.

Commissioner Borasky

said a former county manager had started a review committee to go through the codes and asked Mrs. Webster if she could provide him with a detailed copy of what they had accomplished and recommended. Mrs. Webster said she would.

Commissioner Borasky

stated lately he had been getting flack from two Town Board members about Nye County doing things that hurt the town. He asked them to consider putting another person on the Regional Planning Commission, and he was also going to request from the Town Board that when they have hot items that they be placed on the Regional Planning Commission or the Board of County Commissioners agendas with a recommendation from the Town Board. Commissioner Borasky was also looking at the August21, 2012 8. Commissioners/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Cont’d. possibility of either transferring the Regional Planning Commission to the Town of Pahrump or doing away with it entirely. He said it was a constant battle and a new process might be needed. He would like to work with the Board members to accomplish this.

Commissioner Hollis

said he would like the County Manager to schedule an agenda item regarding what was going to be done with the communication system as well as a report on what had been found.

Commissioner Hollis

said he attended a conference in Los Alamos, New Mexico, with a community alliance, which are communities that have nuclear waste stored around them. One of the things discussed at the meeting was how Carlsbad and Nye County could do some things to help Congress decide which community was more suited.

Commissioner Hollis

felt Carlsbad was probably more suited for the high-level waste and Yucca Mountain was more suited for the nuclear-spent fuel. He said it was a very interesting conference and that Los Alamos received a lot of incentives that Nye County did not get. 10:45 a.m. Timed Aaenda Items: a. For Possible Action Continued Public 4 — Hearing discussion, and deliberation to adopt, amend and adoøt. or reject Nye County Bill No. 201 2-1 2: a Bill Proposing to amend Nve County Code Title 6. Animals, by adding Chapter 605, 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 Chaoter 6.20, Miscellaneous Animal Regulations: by addln Chanter 6.25 Animal Advisory Committee; by adding Chanter 6.30, Ownership and Possession of Special Conditions Animals; providing for the severability; constitutionality and effective date hereof; and other matters properly relating thereto.

Commissioner Wichman

opened the public hearing.

Commissioner Eastley

said the Beatty Chamber of Commerce’s letter stated there were more violations in this bill than in their local ordinance. She asked if the County ordinance would take precedence over a community ordinance which addressed animals. Brian Kunzi advised several months ago the Nye County Code was amended to try to clarify the problem of cross-jurisdictions. That amendment indicated that if a power fell within the power of a town board pursuant to Nevada Revised Statutes Chapter 269, then a general ordinance passed County-wide would not apply within those town August 21, 2012 10:45 a.m. Timed Agenda Items:-Cont’d. a. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 201 2-1 2-Cont’d. boundaries if the town had enacted a measure which covered it. He said this particular item raised some interesting issues and one of the things that had to be addressed was that the powers given to the towns under Chapter 269 were extremely limited.

Commissioner Eastley

asked if this applied to elected town boards. Mr. Kunzi said it was a question of who was the governing body. The County Commission had control over passing ordinances over any town that had an advisory board, but the law was applied the same way. He said what needed clarification was the power given to towns under Chapter 269 to prohibit the keeping of hogs or the running at-large of goats, cows, or other animals within the limits of the town. He said based on the authority the towns had, the part in this ordinance of animals running at-large would not apply, but none of the other provisions would be trumped by the local town ordinance.

Commissioner Eastley

asked if it would not be in the best interests of Beatty to revoke their ordinance and adopt Nye County’s to avoid cross-jurisdictional issues. Mr. Kunzi said they did not have to, but that was what Pahrump did last year to avoid inconsistencies.

Commissioner Eastley

asked Erika Gerling of the Beatty Advisory Board if she understood. Mrs. Gerling said it meant that Beatty would need to revoke their ordinance and would have no other option but the County’s ordinance. Mr. Kunzi said the issue that needed to be addressed was that the Board of County Commissioners was the governing body of the Town of Beatty and if an ordinance was to be repealed it was done by the Board of County Commissioners on the advice of the Beatty Advisory Board.

Mrs. Gerling

said she was not sure she understood, but there were many things in this bill that either did not apply or would be really hard for people to comply with. She said Beatty would like the opportunity, especially with animal cruelty, to strengthen their ordinance to something that worked for Beatty because this whole bill did not work for them. Mr. Kunzi advised the town did not have jurisdiction to regulate animal cruelty.

Mr. Kunzi

asked Mrs. Gerling to let him know when the next town meeting was going to be held as he would be happy to attend and discuss this. Mrs. Gerling said the meetings were the fourth Wednesday of the month and she would let her board know that he would be attending. Frank Carbone thought fees were specifically driven by the Board of County Commissioner and not some other board. Commissioner Eastley said the fees would be adopted by resolution after a recommendation from the Animal Advisory Committee. August21, 2012 10:45 a.m. Timed Aaenda ltems:-Cont’d. a. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-1 2-Cont’d.

Mr. Carbone

said section 6.06.010 on page 7 was very specific on where this ordinance applied as far as Beatty and Amargosa Valley, but it left out a whole bunch of other areas in the County. Commissioner Eastley said subsection H of that section needed to be rewritten, but it only referred to the licensure of animals and people who lived in those areas would be excluded from having to drive to the closest town to get a license for a dog.

Mr. Carbone

asked if that meant the areas outside of those boundaries were not subject to licenses. Commissioner Eastley stated just licenses only. Commissioner Schinhofen asked if a license for a kennel would be needed to set up a puppy mill. Commissioner Eastley said it would be.

Commissioner Hollis

asked Mr. Kunzi if animals still had to be licensed if someone had a kennel. Mr. Kunzi said the kennel was licensed, not the animals, so all of the provisions, like animal cruelty, breeding, and vicious dogs, would apply County-wide without restriction and the individual licensing would be exempted from the rural areas.

Mr. Carbone

asked if people who had aging animals and exceeded the specific amount of animals at this point in time were going to be required to get kennel licenses.

Commissioner Eastley

said she had the same concern. She had been contacted by several people in Pahrump who had pets in excess of the limit in the ordinance and wondered if there would be any grandfathering because they did not want to get a kennel license as the animals were aging. Mr. Carbone asked if there would be a grandfathering clause. Commissioner Eastley said her understanding was there would not be. Mr. Kunzi advised there was nothing that said there had to be a grandfather clause, but it was the Commissioners’ decision if they wanted one.

Commissioner Wichman

asked if there was a process for a waiver as she did not see one in the ordinance. Commissioner Schinhofen thought that should be considered.

Mr. Carbone

asked if the microchip under section 6.13.202 was a GPS. Scott Shoemaker said it was just a scan chip. Scott Shoemaker stated the language regarding the permits in Pahrump mirrored what zoning and planning had so if the person was in violation of the new Title 6 then he/she was already in violation of the zoning plan.

Commissioner Eastley

stated that Title 6 was only for the Regional Planning Commission and this was an ordinance that was effective County-wide. If an ordinance August21, 2012 10:45 a.m. Timed Aaenda ltems:-Cont’d. a. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nve County Bill No. 201 2-1 2-Cont’d. was drafted that covered the entire County based on what was in Title 6, some things could certainly be done differently.

Mr. Kunzi

explained that under a typical grandfathering clause if at the time of enactment of the ordinance someone was in compliance with the law they could still be in non-compliance with the ordinance.

Commissioner Hollis

thought a waiver process would be easier than grandfathering.

Commissioner Wichman

closed the public hearing.

Commissioner Eastley

said section 6.06.010.H referred specifically to established town boundaries and the list included Carvers and the Hadley Subdivision, neither of which had boundaries. She said Mr. Kunzi agreed that this section needed some work. She also supported the waiver.

Commissioner Borasky

asked how this would be enforced or selectively enforced. He had an issue with the limit of five dogs per household and had goffen calls about the same location that had more than the legal limit of animals. He said complaints were made to Animal Control and it seemed like nothing ever got done. He also had an issue with the animal having to wear the license tag as well as with some of the restrictions that were going to be required.

Commissioner Schinhofen

said he preferred the language “used in the operation of farms, ranches or other bona fide agricultural enterprise” which was stricken under 6.06.10.H, rather than trying to carve up the County.

Commissioner Wichman

suggested an amendment in the definitions to define rural areas as “rural includes areas outside of the established unincorporated towns and where the population densities are less than 50 homes within a square mile.” She said she would like to have that inserted in several areas.

Commissioner Eastley

questioned the ability of a deputy to make that determination.

Commissioner Schinhofen

did not like the limit of cats and dogs a person could have under Section 6.060.040.A. He also did not like the last sentence in that section, “located within the Pahrump Regional Planning District,” and wanted the words “Pahrump Regional Planning District” stricken entirely from the ordinance. The other Commissioners agreed. August21, 2012 10:45 a.m. Timed Agenda Items:-Cont’d. a. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-1 2-Cont’d.

Commissioner Schinhofen

said without a definition, the requirement that every person having, owning or possessing an animal had to keep the living areas free from offensive odors under section 6.060.130 was subjective.

Commissioner Schinhofen

said he had been told by several people that the shelter requirement under section 6.07.020.C. was ridiculous for horses as they rarely go in and when they do they were eaten by flies.

Commissioner Schinhofen

suggested using the words “normal operations” rather than “humane manner’ in the second paragraph under section 6.07.060. He used the wringing of a chicken’s neck as an example of a manner of killing an animal that may not necessarily be humane, but was a normal way of doing it.

Commissioner Hollis

asked Mr. Kunzi if it would be acceptable to wring a chicken’s neck. Deputy District Attorney Maria Zlotek said determinations would have to be made by the court as to humane measures.

Commissioner Wichman

asked if the language came directly out of the Nevada Revised Statutes. Mr. Shoemaker said it did.

Commissioner Schinhofen

said people were concerned that the animal control officer could enter their property at any time and inspect it. He noted that 6.08.100 stated they could do that if a person had a kennel license, but not whenever they wanted.

Commissioner Wichman

asked Commissioner Schinhofen if his statements were amendments he wanted. Commissioner Schinhofen said he wanted them taken out.

Commissioner Wichman

repeated her suggestion that the definition of rural areas read “rural includes areas outside the established unincorporated towns and areas throughout the County where population densities are less than 50 homes within a square mile.”

Mr. Kunzi

said his concern was the definition would apply to Belmont, Manhattan, and Currant Creek. Commissioner Wichman said it would also apply to Hadley. Mr. Kunzi said he thought the Commissioners wanted the regulations in Currant Creek.

Commissioner Wichman

said adding it to the definitions would allow animal control in areas such as Carvers, which had no town boundaries but did have a concentration of residents. August21, 2012 10:45 a.m. Timed Aaenda ltems:-Cont’d. a. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt, amend and 1adopt or relect Nve County Bill No. 201 2-1 2-Cont’d.

Ms. Ziotak

asked if the definition would include 50 people or 50 homes. Commissioner Wichman said to keep it to what was permanent, 50 homes, as the number of people could change.

Ms. Ziotak

asked how the square mile would be measured. Commissioner Wichman said 5,280 feet in each direction.

Commissioner Eastley

reminded everyone the ordinance would have enforcement action and at some point during this meeting she wanted to hear from Animal Control and Emergency Services as to the ease of enforceability if the ordinance had repeated exemptions of certain portions of it. She said she was not interested in supporting a bill that excluded any area of the County for any reason and she did not want Animal Control or Emergency Services to have to make a judgment call as to whether someone lived in an area with less than 50 residents.

Commissioner Wichman

said she would like the rural exemption put in sections 6.06.080.A., 6.06.110, and 6.06.130.A. She said she spoke with Mr. Shoemaker about section 6.07.020 and he said this was covered in the Nevada Revised Statutes regarding livestock and livestock operations. Commissioner Wichman suggested making a reference to the Nevada Revised Statutes rather than excluding entire areas as rural areas simply because of livestock operations. As far as 6.07.020.A, she did not know who would define whether or not an operation kept pets for companionship and thought it could be left in if it eliminated stock dogs and livestock. She suggested adding “or the customary management of livestock” at the end of section 6.07.020.F. In section 6.07.070, she wanted either an exemption for the transporting of livestock or the rural exemption. Her only other suggestion was to clarify section 6.13.070 as it was unclear if it was for cattle, breeders, or everything in general.

Commissioner Eastley

said she was concerned with the amendments that were suggested to the ordinance that either excluded portions of the County or added definitions that put an animal control officer in the position of a judgment call as to whether the ordinance applied, which would be difficult to enforce in the field. Vance Payne, Emergency Services Director, said it would be conjecture on his part to determine whether or not they could enforce the proposed Title 6. The only thing he could say for sure was that they had great difficulty and were not hitting the mark now with the current Title 6, which was not nearly as verbose as this version. Tim McCarty, Animal Control Supervisor, stated one of the things Animal Control had hoped for from the work of the Animal Advisory Committee was the elimination of the gray area. The law was not particularly clear on what was a violation, which he found August21, 2012 10:45 a.m. Timed Aaenda ltems:-Cont’d. a. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt amend and adopt, or reject Nye County Bill No. 201 2-1 2-Cont’d. troubling because now they had to make an opinion and hope it stood up in court. He said they asked for something in black and white that they could work under in the field, but this version would increase the gray area.

Commissioner Wichman

asked how the gray area would be increased. Mr. McCarty said it would be challenging to measure the mileage and the density.

Commissioner Eastley

asked if he would still have the authority to issue a citation. Mr. McCarty said he would.

Commissioner Wichman

told Mr. McCarty he could make the judgment. Mr. McCarty said that was correct, but their primary mission was to gain compliance and not write citations to roll up revenues for the County.

Commissioner Borasky

asked if the ordinance could be enforced evenly across the board with everyone as it was written. Mr. Payne said it could not be.

Commissioner Borasky

asked Mr. McCarty how big a budget he would need and who would pay for it. Mr. McCarty said they had hoped for more clarity and more black and white to make it simpler and easier for the officer in the field to fulfill his obligations and enforce the law. He said they do not set budgets, merely respond to the calls, and he was not sure where the money would come from. Mr. McCarty stated they would continue to come to work every day, put in their time, and accomplish everything they could, but he did not know the budget aspect of it or if it had been examined. This item died for lack of a motion. Discussion was held as to what would be done now. Commissioner Schinhofen said the ordinance needed to be simplified as most of it was in the Nevada Revised Statutes. If there was something that was not in the Nevada Revised Statutes and needed to be addressed, then it should be brought forward. Mr. McCarty said they had been enforcing Title 6 as currently written in the County Code. Vincent J. Scoccia, Sr., asked that item 33a under Public Petitioners be heard as soon as possible as both he and the individual he had with him had to return to work shortly. He also noted a famous quote regarding how people looked for complicated solutions to simple problems and felt that the Board had been doing that with the animal control ordinance. August21, 2012 10:45 a.m. Timed Aaenda ltems:-Cont’d. b. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reject Nve County Bill No. 201 2-1 5: 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 cIothing-otional 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.

Commissioner Wichman

opened the public hearing. Keith Walker, Pastor of the Pahrump Community Church, stated his opposition to any proposal that would contribute to the disintegration of the community and culture. He recognized the businesses in operation already, but said precedent did not provide proof of the attitude of the majority of the citizens. Although the argument could be made that this was what a private business could do with its property, it was limited as it would be advertised, would be public, would have an impact on the image of Pahrump, and would contribute to providing a harmful environment to children. Pastor Walker urged the Commissioners to do what was in the best interest of the community. Dave Stephens agreed with Pastor Walker. He believed in freedom of speech and that a person should be able to do what they wanted with their bodies as long as it was legal, but he was 100% against this ordinance as it would wreck the town. Jim Petell said if the Commissioners did not do an ordinance and allowed this at-will there would be loopholes, but an ordinance set a precedent. He advised that it be tabled and forgotten. He said the business was in his neighborhood, but he was neutral at this point.

Commissioner Wichman

asked for a show of hands from the audience members who were opposed to the ordinance. Several hands went up. Frank Incopero pointed out the problems with keeping businesses in town and said if this is was what it took keep them in business he did not see the harm. As far as the nudist issue, he was not sure how sinful it was and did not think the “mom and pop operations” would do anything like it.

Commissioner Eastley

asked Brian Kunzi if there was currently an ordinance or law that prohibited this activity. Mr. Kunzi stated this was a very difficult area and he was the one pushing for some type of ordinance to clarify a very tricky legal issue. He said the government had zero capabilities to regulate what someone did on private property, but what was exposed to the outside public could be regulated. He said there were a lot of resorts of this nature around the country and if they were created as truly private clubs there would be no capabilities to regulate them. August21, 2012 10:45 a.m. Timed Agenda ltems:-Cont’d. b. For Possible Action Public Hearing discussion, and deliberation to adopt, amend and 1 adot or reiect Nye County Bill No. 201 2-1 5-Cont’d.

Commissioner Eastley

asked what the purpose of the ordinance was since this club could have already started doing this and there was nothing the County could do about it. Mr. Kunzi said the ordinance was designed to at least ensure that the concerns people had with these types of activities were addressed. He said the ordinance absolutely prohibited any type of open sexual activity and the use of recording and photography. It also required that people on the inside not be seen by people on the outside, exclusive of flyovers. The ordinance provided capabilities for regulation if activities occurred that were very undesirable, including revocation of their ability to exist from a business standpoint.

Commissioner Eastley

said she had strong feelings on this and sometimes doing nothing was not the right thing to do. Right now nothing prohibited this organization from doing this so they could enter into this enterprise with no limitations. She said there was also the problem that if the Board did nothing, then nothing stopped them from just putting up a tall fence, which people woulc complain about. The Board would then be put in a very difficult position of how to enforce it without having regulations in place. Commissioner Eastley said she was a proponent of the ordinance and it just made sense to her to try to regulate it much like the brothel industry. Curtis Coleman stated he was the person who asked for this and that he represented a nudist organization. He explained he visited Nevada Treasures as a customer and was astonished by its beauty, but it was unsustainable fiscally and financially and would always operate in a deficit. He thought this would be an unbelievable location for a nudist or clothing-optional resort, which could result in a possible profit of $1 million instead of the $500,000.00 per year deficit it currently operated under.

Mr. Coleman

stated most people who attended these resorts were an average age of 55 or older. He said there was no data to support that anything happened in these resorts other than people swimming naked, skinny dipping, and choosing to sit by the pool without clothes on if they wanted to. He said there were laws in this country that protected people from predators and these resorts did not bring those people in.

Mr. Coleman

said this property deserved something extraordinary. He personally did not believe this ordinance should pass because this was not a sexually-oriented business as defined in the zoning code. He explained the resort rules, which included things like all guests or members were required to obey all state and local laws; clothing was required in the main parking lot, lobby, halls, and leading to the pool; and no one under 18 was allowed unless a consent was signed by both parents. Sexual or overt physical contact of a sexual nature between any guests was not allowed in the public areas and any infraction of this rule resulted in immediate revocation of membership and removal from premises. He said there was a zero tolerance policy in the area of August21, 2012 10:45 a.m. Timed Agenda ltems:-Cont’d. b. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and 1 adot or reject Nve County Bill No. 201 2-1 5-Cont’d. public sexual activity. He noted the American Association for Nude Recreation was an exemplary organization that served 256 of these resorts and they were not interested in opening a clothing-optional resort that was not a full standing member of that association.

Commissioner Eastley

questioned why children under the age of 18 would be allowed into the establishment even with the parents’ consent. Mr. Coleman said it would depend on the age and it would be up to the parents.

Mr. Coleman

stated he had been offered a contract on the property if this initiative was done. He said he represented and was speaking for the owner, Dunham & Associates, a financial group based out of San Diego, California.

Commissioner Borasky

noted Mr. Coleman had said there would be no sexual activities in public areas, but he wondered about the pool itself. Mr. Coleman explained the idea was not to run a sex or swingers club, so there would be no overt sexual activity in the pool area. That activity would only occur behind closed doors. Mr. Coleman stressed this was not happening for sexual reasons. Betty Petaros said she was against the ordinance and felt the Board needed to think of the children in the community. Patty Faber said she raised her children as nudists. All three of them attended college, were upstanding adults of the country, voted in every election, paid their taxes, and worked. She said raising her children as nudists taught them to not judge people based on their outer appearance. Pastor Carl England said he had been a member of Nevada Treasures for four years and agreed with trying to limit what could be done at a private facility, but he was concerned that no laws existed that provided for the arrest of someone who came naked to a pool that his son was also at. He said when he first heard about this he was told that a separate park was going to be built on the property with a big wall and nothing would ever be seen, but now it included the pool. He also questioned how private it was when he paid to be a member of it.

Mr. Kunzi

said that would bring it back to the whole quandary of defining public and private, because if Pastor England’s son went to a pool at someone’s house on private property and someone was nude, nothing could be done about it. The issue of members of that club who bought memberships brings about the quandary of describing this as purely a private club, which is why he felt it needed to be addressed. He emphasized that unless there was evidence of a crime being committed, the August21, 2012 10:45 a.m. Timed Agenda ltems:-Cont’d. b. For Possible Action Public Hearina. discussion, and deliberation to adoDt. amend and adoDt. or reiect Nye County Bill No. 201 2-1 5-Cont’d. government had no right to go into a purely private complex. With our without this ordinance, if they wanted to do a totally private club/resort, this ordinance would not apply to them and there was nothing the County could do to regulate any activities other than what was currently in existence for crimes being committed. Mr. Kunzi said he was not aware of any statute or law in the country that stated being nude on private property was a crime. Pastor England said he did not want to see anything like this in the community and asked the Board to clarify for him that there would not be nudists on the public accesses in the Town of Pahrump.

Commissioner Wichman

explained the ordinance was to give some structure to be used by law enforcement and the District Attorney’s Office.

Commissioner Hollis

said it did not mean that they could not have a nudist colony even with the ordinance. He said he also had a membership and would take it away if this passed. Lonnie Biggs noted that it did not appear that the vast majority attending the meeting supported this and asked the Board to establish something that would completely prevent it in Pahrump.

Commissioner Eastley

said that was the quandary. She had very strong feelings about this and said she was elected to do a job and use as guidance the principles in the U.S. Constitution and the laws of the lands. The problem was there was nothing that prohibited this from being done right now, but without adoption of this ordinance then it was wide open with no controls. She said Pahrump would not be the only area facing this as this was a County ordinance and these establishments could open elsewhere. Jim Stoltz, a retired deputy sheriff, said there was a nudist colony in his area and unfortunately he could not say they were never called to it. He said people were people and they were going to break the rules and would keep the sheriffs busy. He said the sheriffs needed something to work with and the Commissioners needed to take some action. Glen Miller, a two-year resident of Pahrump, said while the ordinance would provide control over the situation, he wanted an ordinance that would not allow the situation.

Mrs. Gerling

said if a private business owner was able to do this anyway on their property, then it was probably a good idea for the County to have some way to regulate what happened on the property. August21, 2012 10:45 a.m. Timed Aaenda Items:-Cont’d. b. For Possible Action Public Hearina. discussion, and deliberation to adopt. amend and adopt, or reject Nve County Bill No. 201 2-1 5-Cont’d. Harley Kulkin said he believed in the separation of church and state, but this was a business decision. He described the losses the owner of the facility had told him about.

Mr. Kulkin

said when the owner could not write off any more losses the business would close and become an eyesore. He said this building could be turned into something and he had confirmed that this would be one of the nicest resorts in that association. He said Pahrump was desperate for jobs and he thought people would rather have this then be unemployed. Mr. Kulkin said there were laws in place for everything everybody was concerned about and it was up to them to follow the rules.

Commissioner Wichman

asked Mr. Kulkin if he was for or against the ordinance. Mr. Kulkin did not feel an ordinance was needed, just a sign out front which let people know that the property was clothing-optional in certain places and the people would have their choice of whether to go in.

Commissioner Wichman

closed the public hearing.

Commissioner Borasky

said he brought this forward on behalf of a couple of the Town Board members. He did not think an ordinance was needed and would not support it. He asked that this be denied and referred to the Town Board for them to take it up and address it at their level since they were the ones who requested that he look into this to begin with.

Commissioner Borasky

made a motion to reject Nye County Bill No. 2012-15 and after the meeting he would talk with one of the Town Board members to see if they wanted to put it on their agenda for it to be a town ordinance or rule; seconded by Commissioner Hollis.

Commissioner Schinhofen

thought the County could make the ordinance so egregious that no one would want to open a business like this. He said he received several emails which asked him not to approve this ordinance, but if he did not approve it they were going to do it anyway. He noted that if something goes on in Beatty or Tonopah the Commissioners received recommendations from those boards, but rarely were recommendations received from the Pahrump Town Board although it was constantly said that the County did not do anything for Pah rump.

Commissioner Hollis

did not want to see this business here at all. He said he would remove his membership from Treasures and oppose this ordinance.

Commissioner Eastley

cautioned everyone to not consider this a victory as there was nothing in the law that prohibited this activity on private property. She absolutely believed that private property was sacred and private property rights were fundamental and at the basis of all other laws. These people had the right to engage in this activity on their private property. She said the intent of the ordinance was to provide strict guidelines for operation and encouraged the citizens to attend the Town meeting if the Town considered an ordinance to regulate this type of activity to make sure they had input. d. For Possible Action Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to Tough Mudder for the Tough Mudder Event to be held on October 6-7, 2012 at Spicer’s Ranch, Beatty, Nevada.

Commissioner Wichman

opened the public hearing.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Hollis.

Commissioner Wichman

closed the public hearing.

Commissioner Schinhofen

said this had been reviewed by the Sheriff, Public Works, and the Health Officer. There was no written response received, but since they signed off he assumed they were okay with it. Pam Webster said she had confirmation from the Sheriff’s Office.

Commissioner Eastley

said she continued to have issues with how these items were brought forward.

Commissioner Eastley

asked Pam Webster if this property was leased to the hospital.

Mrs. Webster

said the land was leased. Commissioner Eastley asked what the hospital paid. Mrs. Webster said they paid $1.00 per year. August21, 2012 33a. For Possible Action Discussion and deliberation to authorize a sublease agreement for property located at 362 Airport Road, APN 01275101, Tonopah. NV between Pegasus Logistical Services. Ltd and Life Guard International, Inc.. Cont’d

Commissioner Eastley

asked Mr. Scoccia if he would charge Pegasus $3,000.00 a month to lease the property even though Mr. Scoccia only paid $1.00 a year for it. Mr. Scoccia told her to look ahead because that hangar would create jobs, other hangars, and possibly a warehouse, and taxes would be obtained by that. He said an inquiry was just received from a big organization that flew planes in daily that wanted to put a hangar out there. Mr. Scoccia said they were trying to find ways to improve the airport so Tonopah could be something.

Commissioner Eastley

said she was shocked to see the sublease amount of $3,000.00 a month that would go directly to Mr. Scoccia’s organization when the County leased the property to them for only $1.00 a year. Mr. Scoccia asked her if the County would rather make the monthly payment on a $350,000.00 building. He said this was private business and Commissioner Eastley should not be involved in how much money he made.

Commissioner Eastley

asked if the building was finished. Mr. Scoccia said it was except for a few minor walk-through punch list items.

Commissioner Hollis

disagreed with the sublease of $3,000.00 a month.

Mrs. Webster

said she was notified of two liens against the properly and believed there was a problem with the sublease if there were liens on the property.

Mr. Scoccia

explained he wanted the punch list done, which consisted of minimal items, and he did not want to cave in and give the final payment until it was done. He said there were liens on the property that would be taken care of.

Commissioner Wichman

suggested this be approved only when the liens were satisfied.

Commissioner Schinhofen

made a motion to table this item until such time as the liens were paid; seconded by Commissioner Borasky; 5 yeas. August21, 2012 10:45 a.m. Timed Aaenda ltems:-Cont’d. c. For Possible Action Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to the Beattv Chamber of Commerce for their annual Beattv Days Event to be held on October 26-28, 2012 at Cottonwood Park located 1 Nevada. at Third and Amarciosa Street. Beattv

Commissioner Wichman

opened the public hearing.

Commissioner Hollis

made a motion to approve. Pam Webster said the Sheriff’s Office assured her that the Beatty Days were covered for their security plan and had already paid for an off-duty deputy to be working.

Commissioner Wichman

closed the public hearing.

Commissioner Wichman

opened the public hearing. Pam Webster advised the Sheriff’s Office had not received a security plan; however, she was not sure there would be sufficient attendance to require them to apply for this. She said it did not need to be addressed. There was discussion about the size of the event and whether the license was needed.

Commissioner Wichman

closed the public hearing.

Mr. Farr

said one item in his conclusions and recommendations that he would like to point out was the excess capacity in the system, which was good for the future commitments made, but could present possible challenges in operations and maintenance to make sure the water quality was good. He said PUCI’s operations and maintenance practices addressed the situation, but the County needed to be aware of it. He explained excess water in a tank could get stale, but there were means in place to deal with that.

Mr. Farr

said the utility was managed well and the information was organized. There were a variety of development, annexation, and water rights agreements that he recommended legal counsel review for implications to the County. He suggested the County consider purchase of all or part of the 40-acre parcel currently leased by the utility company and used for effluent disposal for future effluent disposal.

Mr. Farr

said PUCI had agreed to operate the utilities for three years to allow the County to determine how it wanted to operate the system. He said there were a number of ways the County could operate the utilities and all should be considered in the evaluation, but the recommendation would be to operate them as separate utility enterprise funds, and the financial model showed adequate reserve funding.

Commissioner Eastley

asked if there would be an enterprise fund for water and an enterprise fund for the sewer. Mr. Farr said that was his recommendation and it was August21, 2012 11 d. For Possible Action Discussion and deliberation to: 1) Accent the contents of the Engineering Evaluation completed by Farr West Engineering: and 2) direct staff to proceed with negotiations for the purchase of Pahrum Utility Company, Inc. (including the selection of an attorney to represent Nve County in the process).-Cont’d. common practice among cities and towns. He said the idea for the capital reserve funding was that there was a difference between how public and private utility companies were operated under the law and PUCI was prohibited from establishing that account. When government owned it that opportunity existed and it was good practice to finance those for future improvements.

Commissioner Wichman

asked what the amounts for depreciation and the reserve account for replacements were based on. Vicki Hafen said USDA required capital reserve replacements for the amount of equipment and facilities in existence.

Commissioner Wichman

asked if they were based on the value of the infrastructure.

Ms. Hafen

said they were.

Commissioner Borasky

said the Water Board had presented some good questions they would like to get answered and he supported that.

Commissioner Wichman

said she came out of the meeting with the belief and understanding that more data was going to be collected and provided in the final report.

Mr. Farr

said that was correct.

Commissioner Wichman

asked what Nye County’s exact goal was. Commissioner Hollis said it would give the County control over the sewer and water in the community; it would help with the PUC (Public Utilities Commission) as the County could deal with them differently than other utilities did; the County would be able to evaluate the water in the basin and know a little bit more about it; and the County would have a little more standing with the PUC on whether or not it serviced a certain area.

Commissioner Eastley

asked if the County had the ability to evaluate the water in the basin and if it was currently doing that. Commissioner Hollis said it was, but quite a bit of water ended up in the valley that the County did not necessarily have the ability to control.

Commissioner Eastley

said it was more about control and not evaluation.

Commissioner Hollis

said there were monitoring holes around the facility so the County could evaluate and know how much water was used. He said the Water Board did that too. V

Commissioner Hollis

said the State Water Engineer could be asked to give the County a portion of the water going into the basin as well as 75% of the effluent water going into the basin with 25% dedicated back. He said this could be an opportunity to get some water rights, even from effluent water. August21, 2012 lid. For Possible Action Discussion and deliberation to: 1) Acceøt the contents of the Engineering Evaluation completed by Farr West Engineering; and 2) direct staff to proceed with negotiations for the purchase of Pahrump Utility Company Inc. (including the selection of an attorney to represent Nye County in the process).-Cont’d.

Commissioner Eastley

asked what the long-range plan for beneficial use of those rights was. Commissioner Hollis said it was for municipal water.

Commissioner Borasky

said the County would also have more latitude in obtaining grants that the private utility could not get. Brian Kunzi added that one of the critical things that needed to be analyzed was right now the County was held hostage by the utility companies as to how zoning and development was done. A company that came in now had to analyze where those lines were and determine if it was worth coming in. He said if Nye County gained control over the utilities as a County entity then it would have more control over assessments and public financing to put infrastructure where it wanted it, not where the utility wanted it, and dictate where the growth and development would happen.

Commissioner Schinhofen

asked Mr. Farr if there was a question the Commissioners should have asked and did not. Mr. Farr said the objective of the report was to determine what condition the utility was in and identify things the County should be aware of. He tried to accomplish that and said he received great comments on things that he missed or needed to elaborate on.

Commissioner Wichman

asked how long it would take to answer the questions that were asked at the Water Board meeting. Mr. Farr said they were relatively minor and he could have those done in a couple of weeks.

Commissioner Eastley

made a motion to accept Farr West Engineering’s report; seconded by Commissioner Hollis; 5 yeas.

Commissioner Hollis

made a motion to direct staff to proceed with negotiations for the purchase of Pahrump Utility Inc., including selection of an attorney, if the District Attorney was not going to do it, to represent Nye County in the process. Commissioner Hollis said he would like to see Mark Fiorentino at least evaluated for the project.

Commissioner Wichman

asked Mr. Kunzi if his office could review the agreements with the developers. Vicky Hafen said those development agreements had options in them where the developer could be required to build and acquire the facilities. The agreements also called for the construction capacity fee to be paid at the current tariff rate, so the County would have to adopt rates as to how much would be paid per unit to build facilities. August21, 2012 11 d. For Possible Action Discussion and deliberation to: 1) Accept the contents of the Engineering Evaluation completed by Farr West Engineering; and 2) direct staff to proceed with negotiations for the øurchase of Pahrump Utility Company. Inc. (including the selection of an attorney to represent Nye County in the process).-Cont’d.

Mr. Kunzi

said his office would do whatever it could to assist in evaluating the agreements, particularly from a governmental standpoint, but clarified that he did not think it would be in the best interest of the County for his office to take on the representation. His office did not have the expertise to handle something of this nature as it was specialized, but he certainly would like to stay involved as much as he could and could certainly do any work that dealt with the governmental side of things.

Commissioner Eastley

asked Mr. Kunzi if he knew a specialty attorney for this. Mr. Kunzi said he heard one name, but there may be a conflict because the attorney represented the Nevada Water Authority. He suggested the Board look at several.

Commissioner Eastley

asked if a professional services agreement or an RFQ was needed. Mr. Kunzi said it would be a professional services agreement and the Board would have to approve the selection. Pam Webster said she had four names, which should be a good start. If no one from that list was appropriate then an RFQ could be issued.

Commissioner Wichman

asked Commissioner Hollis to restate his motion.

Commissioner Hollis

restated his motion to direct staff to proceed with negotiations to purchase Pahrump Utilities Company, Inc., including the selection of an attorney to represent Nye County in the process, and he wanted Mark Fiorentino considered; seconded by Commissioner Borasky; 3 yeas. Commissioners Eastley and Wichman voted no. 10:45 am. Timed Agenda ltems:-Cont’d. f. For Possible Action Public Hearing! discussion! and deliberation to issue an Outdoor Festival License to Bob Baker’s Wild West Extravaganza for the 14th Annual Wild West Extravaganza to be held on October 12-14. 2012 at the Saddle West Hotel. Casino and RV Park. Pahrump, Nevada.

Commissioner Wichman

asked if this event would draw 1,000 people a day and wondered why it was on the agenda if it would not.

Commissioner Eastley

said she had discussed these items with Pam Webster and felt some kind of checklist was needed so when the requests came before the Clerk the Clerk could check off things to see whether or not the item even needed to be put on the agenda. She was concerned that the service agencies were not providing August21, 2012 discussion and deliberation to issue an f. For Possible Action Public Hearing, 1 Outdoor Festival License to Bob Baker’s Wild West Extravaganza for the 14th Annual Wild West Extravaganza to be held on October 12-14. 2012 at the Saddle West Hotel, Casino and RV Park. Pahrump. Nevada.-Cont’d. responses. She said what she had expected to see with these items was a standard list like what the RPC used with standard conditions of approval and whether those conditions had been met.

Commissioner Schinhofen

said the ordinance required the Sheriff, Public Health Officer, and the County Engineer to report to the Board in writing what was found, and that should be done. He was not sure a checklist was needed. Sam Merlino advised some people had asked for applications and they were given copies of the last letters received along with a copy of the ordinance.

Commissioner Schinhofen

asked who would develop the form. Mrs. Webster said she was working on it.

Commissioner Wichman

asked if an outdoor festival license was required if an event would not attract more than 1,000 a day. Mrs. Webster said she would confirm the anticipated attendance and bring it back if needed. 28. Planning/Building 28.1. Ex Parte Communications and Conflict of Interest Disclosure Statements There were none. 28.2. For Possible Action Continued Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reiect Nye County Bill No. 201 2-05: A B’II proposing to amend Nye County Code 15.16 “Building and Construction Codes Effective Within the Pahrump Regional Planning District” by amending Section 15.1 6.050 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. Brian Kunzi advised there was no reason to proceed with this ordinance at this time and recommended no action.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Wichman

asked to have item 9m pulled for discussion. 9a. For Possible Action Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9c. For Possible Action — Approval of Assessor’s Office Chance Request

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9d. For Possible Action — Approval of Personnel Actions

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9e. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday November 20. 2012 in Pahrump. Nevada.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9t. For Possible Action Approval to accept the Mid-Cycle Small Rural Access Grant through Susan G. Komen for the Cure of Southern Nevada to assist low income residents in Nve County with screening and diagnostic mammograms: other diagnostic testing and travel expenses. This grant will be administered from Fund 10340 Grants and there is no match required.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. August21, 2012 9g. For Possible Action Adoption of Nye County Resolution No. 2012-37: A Resolution in the matter of the FFY 2008 elections for national forest related safety-net payments.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9h. For Possible Action Approval to surplus and gift a 1988 Ford F250, the Manhattan Brush Fire Truck, to Ely Nevada Division of Forestry.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9i. For Possible Action Approval of a no-cost extension through December 2012 to the FFY1O Emergency Preparedness Working Group (EPWG) Supplemental grant award for of the Beatty Ambulance Barn. This arant will be administered from Fund 10340 Grants and there is no match required.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9i. For Possible Action Approval of a no-cost extension through December 2012 to the FFY1 0 Emergency Preparedness Working Group (EPWG) Final Volume Funding grant for of the Beattv Ambulance Barn. This grant will be administered from Fund 10340 Grants and there is no match required.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9k. For Possible Action Approval of a no-cost extension through December 2012 to the FFY11 Emergency Preparedness Working Group (EPWG) Supplemental grant award for the construction of the Beattv Ambulance Barn and the Round Mountain Fire Station. This grant will be administered from Fund 10340 Grants and there is no match required.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. August21, 2012 9n. For Possible Action Approval to accept the State of Nevada Division of Emergency Management (DEM) Emerencv Preparedness Working Group (EPWG) Supplemental grant award. This grant will be administered from Fund 10340 Grants and there is no match required.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 90. For Possible Action —Adoption/Approval of: 1) Nye County Resolution No. 201 2-33: a Resolution to create a fund entitled Amargosa Valley Landfill Closure and Post Closure Financial Assurance Fund and is budaeted from Fund 10511 Solid Waste Open and Close; and 2) a Trust Aareement with Western National Trust Company, an affiliate of Nevada State Bank, the Trustee requiring an owner or operator of a solid waste landfill shall provide assurance that funds will be available when needed for closure and/or post-closure correction action care of the facility.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9p. For Possible Action Adoption/approval of: 1) Nve County Resolution No. 201 2-34: a Resolution to create a fund entitled Round Mountain Landfill Closure and Post Closure Financial Assurance Fund and is budgeted from Fund 10511 Solid Waste Open and Close; and 2) a Trust Agreement with Western National Trust Company, an affiliate of Nevada State Bank, the Trustee requiring an owner or operator of a solid waste landfill shall provide assurance that funds will be available when needed for closure andlor post-closure correction action care of the facUltv.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9g. For Possible Action Adoption/approval of: 1) Nye County Resolution No. 201 2-35: a Resolution to create a fund entitled Tonopah Landfill Closure and Post Closure Financial Assurance Fund and is budgeted from Fund 10511 Solid Waste -Open and Close; and 2) a Trust Agreement with Western National Trust Company, an affiliate of Nevada State Bank, the Trustee requiring an owner or operator of a solid waste landfill shall provide assurance that funds will be available when needed for closure and/or post-closure correction action care of the facility.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. August21, 2012 9r. For Possible Action Approval to accept the State of Nevada Emergency Response Commission (SERC)I Mid-cycle Hazardous Materials Emergency Preparedness (HMEP) Federal Fiscal Year 2012 grant for the 2012 FireShowsReno Conference. This grant will be administered from Fund 10340 Grants and there is no match required.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9s. For Possible Action Approval to remove and replace existing flooring in the kitchen of the Beattv Senior Center and can be funded from Fund 10401 Capital Prolects.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9t. For Possible Action Adoption of Nye County Resolution No. 2012-39: a joint Resolution by the Nve County Board of Commissioners with cities! counties and local government entities across Nevada in suort of post secondary educational services provided by Great Basin Colleae to Nevada citizens in rural Nevada.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9u. For Possible Action Approval of amended contract with Pictometry to include aerial photograph surveying of sixteen additional sectors.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. 9v. For Possible Action Approval of Memorandum of Understanding allowing Corvus Gold to use 30 sectors of Nve County aerial photograph survey data in exchange for the data acquisition cost of $15937.50.

Commissioner Eastley

made a motion to approve the consent agenda with the exception of item 9m; seconded by Commissioner Schinhofen; 5 yeas. August21, 2012 9m. For Possible Action Approval to accent the State of Nevada Emergency Response Commission’s (SERC) FY13 “United We Stand” Planning. Training & Equipment grant for equipment. This grant will be administered from Fund 10340 Grants and there is no match required. Commissioners Borasky and Hollis were not present.

Commissioner Wichman

asked Vance Payne why this was not going through Amy Fanning, the grant administrator. Pam Webster advised it did go through her.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley; 3 yeas. PUBLIC OFFICIALS 10. Assessor This item was removed from the agenda. 11. Board of Commissioners-Cont’d. 11 a. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s manaaement representatives regarding labor negotiations, issues and other nersonnel 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. 11 c. For Possible Action Discussion, deliberation, and possible decision on labor negotiations, issues and other nersonnel matters presented in closed meeting. This item was removed from the agenda. 12. Clerk This item was removed from the agenda. 13. District Attorney This item was removed from the agenda. August21, 2012 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. GENERAL NYE COUNTY ADMINISTRATIVE STAFF 20. County Manager 20a. Ongoing Project Report Commissioners Borasky and Hollis were present. Mark Hatfield, Information Technology Director, said his portion of the report included a summary of the status of the radio system.

Commissioner Wichman

asked Mr. Hatfield if he could do anything about the telephone service because there was either no service or intermittent service in Smoky Valley. Mr. Hatfield advised he was not familiar with cell towers, just land lines.

Commissioner Eastley

asked about Mr. Hatfield’s meeting with Motorola regarding the antenna that had fallen off the pole. Mr. Hatfield advised when a telephone pole fell over, the antenna was relocated to a second pole and then fell off that pole and broke into pieces. He said it was a question of whose responsibility that was, the County’s or Motorola’s. August21, 2012 20a. Ongoing Project Report-Cont’d.

Commissioner Borasky

said he had received some comments that the Tyler system was not working for the Justice Courts and asked Mr. Hatfield to contact them to determine what the issue was and help them out. Pam Webster said the Tyler system was for input and processing and her office would deal with it.

Commissioner Eastley

told the Board of an incident in Tonopah which occurred about a month ago. A friend of hers called dispatch to have a fire truck sent to his home and was told that could not be done because dispatch was down. She said luckily he was a volunteer fireman and took the truck up himself.

Commissioner Wichman

said there was also no communication in Gabbs. The deputy out there was severely beaten and could not call for help. Residents took him to the hospital.

Commissioner Borasky

asked Mr. Hatfield if he was going to make recommendations on all the tower sites. Mr. Hatfield said he had not seen all of the sites due to the sheer number of them, but he had seen enough to know there was a lot of work that needed to be done. He also advised the Board that there was an FCC mandate that by January 31, 2013, all land radio systems needed to be narrow-banded. He said that deadline was approaching very quickly and the County was nowhere close to being in compliance with that mandate.

Commissioner Eastley

asked if more money was needed to address some of the critical issues. Mr. Hatfield said yes and that there were tens of thousands of dollars worth of corrections needed.

Commissioner Eastley

asked Mr. Hatfield if he would need more technical help or on- the-ground help, or if he would need to engage the services of a contractor. Mr. Hatfield said in his opinion yes and he would give a fuller presentation in the future. He advised that each of these sites needed a significant amount of work and there were significant issues that needed to be addressed with the radio system.

Commissioner Eastley

asked why the cost information for the Ti line in Smoky Valley was included in the report and wondered if it was no longer necessary or if the County paid more than it should for that. Mr. Hatfield said sites connected via a microwave system did not have recurring charges, so when things were changed there was no services and supplies money included and there were now hundreds of thousands of dollars of maintenance agreements.

Commissioner Eastley

said she did not recall approving any maintenance agreements.

Mr. Hatfield

reminded the Board that in March an agreement with Motorola was approved for $175,000. He said the County also has contracts to lease space from the August21, 2012 20a. Ongoing Proiect Report-Cont’d. State, which was an additional $30,000.00 to $40,000.00 a year associated with this system.

Commissioner Wichman

asked Pam Webster to bring something forward on the safety and preservation issues with the Manhattan Church. She said her primary concern was to keep people safe and not lock the building up so it was no longer used. Mrs. Webster said she asked Charles Abbott to send someone up to look at the church. A report had been received and the recommendation was that the public not be allowed to use it. She would forward the report to Commissioner Wichman.

Commissioner Eastley

made a motion to go into closed session for litigation; seconded by Commissioner Schinhofen; 5 yeas. 20b. For Possible Action Discussion and deliberation concerning a Resolution providing for the transfer of the county’s 2012 Private Activity Bond Ca and other matters related thereto.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley. Pam Webster stated she wanted to transfer this to the company building the assisted living facility in Mountain Falls. The company was in the very early stages of getting funding and she would like to offer them this opportunity to help them with their development.

Commissioner Hollis

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Eastley

asked why this was being done. Pam Webster said it would develop the “one stop shop” and the cost was not expected to be anywhere near the construction estimate included in the backup.

Mrs. Webster

explained the ultimate plan was to have a reception area and a counter staffed by a receptionist who worked in Building & Safety. People who had a specific planning issue could make an appointment, but people who came in to get started on a August21, 2012 20c. For Possible Action Discussion and deliberation regarding the remodel of the office space recently vacated by the County Health Nurse clinic and the offices of Nye County Health and Human Services. The requested budget is not to exceed $90!000.00 and is not budgeted but can be funded from Fund 10254 Building Department.-Cont’d. project or ask about paperwork or documentation could get it right there at the reception area.

Commissioner Eastley

said she did not want to give the impression of turning this into a north/south issue, but the County had spent hundreds of thousands of dollars on remodeling buildings in Pahrump, which she supported, while there was an historic courthouse in Tonopah that nothing had been done with, even though money from Cultural Affairs had been received to restore it. She felt that building was equally worthy as an economic development opportunity to turn into offices or anything like that. She said she would vote in favor of this item, but she wished a holistic and wide view was taken of the other buildings in Nye County that were in desperate need of some attention.

Commissioner Hollis

made a motion to ask for oil revenues.

Commissioner Eastley

said the County would never get the oil revenues. She also felt the County would not get staff’s request regarding printing of the tax rolls.

Commissioner Schinhofen

thought the County would get the tax roll. He said he agreed with Commissioner Hollis, but he would not second the motion because the County would have to go after the Governor’s budget first and then go after a bill draft.

Commissioner Eastley

said she believed the County should not go after the revenues for the wells that existed now, but anything that came in after July 1, 2013. Pam Webster said the County would have a better opportunity for future leases that could be split or shared.

Commissioner Schinhofen

asked which BDR the County had the best chance with.

Mrs. Webster

said it was twofold. She thought maybe the County could get some other meat because there was a benefit to the tax roll for all counties and some other counties could join in. She said it could be resurrected and submitted easily as it was already written. She was not sure what had a better possibility of passing. August21, 2012 20d. For Possible Action Discussion and deliberation on the selection of a Bill Draft Reauest (BDR) Nye County submits for the 2013 Legislative Session. Cont’d.

Commissioner Borasky

stressed that the oil revenue request would only be for the future. 21. Emergency Services This item was removed from the agenda. 22. Facilities This item was removed from the agenda. 23. Finance 23a. Budget to Actual by Fund Report Susan Paprocki said she would have a report for the current fiscal year at the next meeting.

Commissioner Eastley

asked how many departments exceeded their budgets in the general fund. Mrs. Paprocki responded the function that overran was Public Safety.

Commissioner Eastley

asked by how much. Mrs. Paprocki said it was $967,000.00 based on the last report she ran for last fiscal year.

Commissioner Eastley

clarified Public Safety was the Sheriff’s Office. 24. Health & Human Services This item was removed from the agenda. 25. H!R and Risk Management This item was removed from the agenda. 26. Information Technology This item was removed from the agenda. August 21, 2012 27. Nuclear Waste Repository Project OfficelNatural Resources 27a. For Possible Action Discussion and deliberation to: 1) approve a Memorandum of Understanding with the US Bureau of Land Management (BLM) making Nye County a cooperating agency to the Greater Sage-grouse National Planning Strategy and associated Environmental Impact Statement; and 2) designate a point of contact for the MOU.

Commissioner Hollis

made a motion to approve; seconded by Commissioner Eastley with the designation of Darrell Lacy as the point of contact. Darrell Lacy said the agenda item recommended Commissioner Wichman as the primary and Levi Kryder as the secondary point of contact.

Commissioner Hollis

amended his motion to approve and make Commissioner Wichman the primary contact and Levi Kryder the secondary; Commissioner Eastley amended her second; 5 yeas. 29. Public Administrator This item was removed from the agenda. 30. Public Works 30a. For Possible Action Discussion and deliberation to: 1) accept or reject any or all quotes and provide direction to staff regarding the received quotes associated with the rehabilitation of the Manhattan municipal well; 2) authorize execution of a contract with Welsco to perform the rehabilitation work even though they did not provide the lowest quote and is budgeted from Project GT0803 Fund 10340 Grants.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Eastley.

Commissioner Eastley

asked Commissioner Borasky to authorize execution of the contract.

Commissioner Borasky

amended his motion to approve and authorize execution of the contract; seconded by Commissioner Eastley.

Commissioner Borasky

noted this was not the lowest bidder and asked if it was the lowest responsible bidder. Commissioner Wichman said no, this was the one with the knowledge. Dave Fanning, Public Works Director, said they were the ones who drilled it before and who USDA decided to go with as well.

Commissioner Eastley

said the only way the rooftop fee would be assessed was if there was construction and asked if there was a built-in moratorium since there was no construction. Pam Webster said there was some construction and advised the School District went directly to the Department of Taxation. The Department of Taxation wanted the School District to approach the Commissioners to see if they supported the tax rate.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Hollis.

Commissioner Schinhofen

noted there was no resolution in the backup. Mrs. Webster said a resolution was not needed, just a letter of support to continue it. Tim Sutton stated when this came in front of the School Board their staff recommended that it not be approved and he had made the same argument. He realized there was not much construction and not much money was received from this, but he did not want to be left scrambling in an economic boom to try to get the tax reinstated. He said the School Board would like to have it in place just in case.

Commissioner Eastley

stated Commissioner Hollis was the newest member of the Friends of the Belmont Courthouse. 36. ADJOURN

Chair Ny

Cointy Clerk I Deputy