September 4, 2012

Mrs. Philips

stated Vance Payne had closed the shelter during this time and the volunteer program was terminated immediately. She said Mr. Payne had thanked the volunteers for their efforts, but he felt that the experiment had failed. Mrs. Philips objected to that statement. She did not feel the program failed and said what had happened was due to the actions of a negligent County employee. September 4, 2012 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d.

Mrs. Philips

asked the Board to allow the adoptions scheduled for this week to be completed and to also continue the weekly adoptions in the northern area. She felt that the situation was heading back to square one with no adoptions and only one volunteer at the shelter again. She said that the volunteer program was successful and terminating it even temporarily was unwarranted. Mrs. Philips also advised the Board that Hope Floats Animal Foundation had been established.

Commissioner Eastley

asked Mrs. Philips if the intent was to form a 501(c)(3) that the County might be able to contract with and allow to take over the animal shelter, including all liabilities and upkeep of the building. Mrs. Philips said that was the intent. Channon McCloud read a statement prepared by Viki Beko outlining the history of the volunteer animal shelter program, which was successful in operating the shelter, providing homes for animals, and instigating the spay/neuter program. She asked the Board to let the volunteer program continue until the animal control position was filled.

Ms. Beko

stated if the volunteers could not have access to the shelter she would adopt all the animals currently there. Karen Cardenas said she adopted a dog from the shelter and she would also like to adopt an adult cat which was available for adoption and scheduled to be put down. She did not want animals sent to Pahrump as that shelter was overcrowded. Joe DeLee, Amargosa Valley Town Board chairman, extended a huge thank you to the Commissioners and staff for the repairs of the Johnny Mountain repeater, which exceeded expectations. NYE COUNTY BOARD OF COMMISSIONERS

Commissioner Hollis

stated he received an email asking for food donations to the Pahrump Community Church.

Commissioner Schinhofen

advised he had asked the Sheriff about the accusations made by Jim Petell regarding no one responding to his call. Sheriff DeMeo explained

Mr. Petell

called in a meth lab explosion and that did not happen. A fire response to a controlled burn was sent. A deputy was not sent because deputies do not have the ability and expertise to put out a controlled burn.

Commissioner Eastley

reminded the Board of the fire in Tonopah she discussed at the last meeting and clarified for the record that she learned afterwards it was not the fault of the communications system. It was a telephone problem. Sheriff DeMeo explained it was a lightning strike which caused a series of issues.

Commissioner Eastley

asked for the status of discussions with Mark Alden and a reduction of his price for an investigation. Sheriff DeMeo said there had been a delay in sending out the letter and when information was received he would advise the Commissioners.

Commissioner Eastley

asked for an update on the jail control panel for Tonopah. Pam Webster said a contract was awarded to the original proposer, but she did not know if they had come back to work on it.

Commissioner Eastley

asked Brian Kunzi for a status on the regulations for the public administrator. Mr. Kunzi said he had spoken with the attorney handling it and it was still ongoing. Commissioner Eastley asked if it would be completed before the end of the year. Mr. Kunzi said it would be. September 4, 2012 8. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Eastley

asked for the status if the advertising for the raw milk commission and if any responses had been received. Sam Merlino said she had received one application and would have to check if there were more. Commissioner Eastley said it would have to re-advertised and if no one responded the business would not be permitted to operate.

Commissioner Eastley

asked if the Board wanted to re-agendize the Manhattan Town Board issues, re-advertise for the positions, or dissolve the Board. Mrs. Merlino said her office would advertise it one more time and then bring it back to the Board for consideration.

Commissioner Eastley

said she would like to see the animal control ordinance brought back with an eye toward adopting it in its current form to see if the County could live with it. If not, then portions of it could be amended with the advice and guidance of Emergency Services and the animal control officer. She observed that the Animal Advisory Committee was given no input on the desired changes and she thought that they pretty much stumbled around in the dark and did not know which way to go in terms of amending the ordinance.

Commissioner Schinhofen

said he thought there were only a few changes needed to make it work and he would bring an item forward to amend the old ordinance. Pam Webster asked if the Commissioners wanted the ordinance as proposed by the Animal Advisory Committee brought back as a starting point. Commissioner Eastley said it would be the version on the agenda at the last public hearing for adoption.

Commissioner Eastley

asked if the certificates of occupancy had been obtained for the training center in Pahrump. Mrs. Webster said they had. Commissioner Eastley asked what the total costs to date were. Mrs. Webster said just under $500,000.00.

Mrs. Webster

advised the contractor for the control panel in Tonopah was scheduled to come back and do the work in a couple of weeks.

Mrs. Merlino

confirmed that one application was received for the raw milk commission. 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 September 4, 2012 ii. Board of Commissioners lid. For Possible Action Discussion and deliberation on alternatives to resolve the Smoky Valley TV District’s issues andlor action on options for reorganization.

Commissioner Wichman

advised this board was set up in 1994 to provide access to television and radio and the monies collected were to be used for the district. Members were elected at-large from the district and a vacancy was to be filled by the electorate or named by the board of trustees. If that was not done, then the Board of County Commissioners appointed members to the board. The bylaws outlined the responsibilities and meeting schedule of the board.

Commissioner Wich

man said she was told by one person that there were approximately 50 people using the television service, however, that was the only person that surmised anything more than 25. Commissioner Wichman said she had been monitoring the radio service since March and 86% of the time it did not work. Since there was a radio system that did not work 86% of the time and a television service that was used by 25- 50 people, she would like to see a determination of the need.

Commissioner Eastley

said there was a charge on her tax bill for this service when she lived out there.

Commissioner Wichman

said it appeared to her that the assessments were a per parcel fee, but there were some parcels that had more than one residence on the parcel. Dale Salman confirmed that was correct. Don Meighan, a trailer park owner in Smoky Valley, said he paid the assessment for each space he had and got involved to alleviate his tax bill. He had seen a one-third respite and now paid a $20.00 assessment rather than $35.00.

Commissioner Wichman

said she received many complaints which were not being handled by this board. The complaints were mostly about the lack of service, the way the assessments were done, and the way the meetings were conducted as they did not follow the open meeting law. She explained she put this item on so the Board of County Commissioners could have a discussion with the Smoky Valley TV District Board and see if the issues could be resolved.

Mr. Salman

advised a new secretary was hired at the August 21, 2012, meeting, and she was very much aware of the open meeting laws so that issue should be resolved.

Commissioner Wichman

asked Mr. Salman what he would like to see done. Mr. Salman said he was trying to get all the problems solved and he had been jumping through hoops since March to comply with all the regulations. He said he was a retired miner and when he took this over he had no technical knowledge of how it was supposed to work. Most of the board members did not have that knowledge either. September 4, 2012 lid. For Possible Action Discussion and deliberation on alternatives to resolve the Smoky Valley TV District’s issues andlor action on options for reorganization.-Cont’d.

Commissioner Wichman

noted that section 4h of the bylaws stated the board would have a technical director. Mr. Salman advised someone out of Hawthorne had the contract with the Smoky Valley TV District for six years. Since the last meeting Mr. Salman had been looking into trying to solve this problem, including an REP for hiring a technical supervisor. He suggested at their last meeting that instead of having a technical director, somebody should be hired to be the manager of the Smoky Valley TV District, but he did not quite know how that was going to be proposed and found out afterwards in talking to some other people that there were other things that had to be considered.

Commissioner Wichman

said the bylaws implied the technical supervisor would be one of the officers and there was a mechanism in the bylaws to pay officers for their time.

Mr. Salman

explained everyone on the board right now were volunteers and had not received any compensation in the last three years, except for the chairman. He said they were looking into improving the district. A site survey was done last year by John Peterson and one of his recommendations was a propane generator to backup their solar system, which they were in the process of doing.

Commissioner Wichman

said they had spoken about that a few months ago and wondered why it was just being done. Mr. Salman advised there were a few delays. The generator was ordered as well as a connex to put the generator in. He took two contractors on the mountain who said they would bid on it, but it would be over $56,000.00 for a pre-fab building.

Commissioner Wichman

asked if the connex box was purchased. Mr. Salman said it was and it was going to be put up, but they then ran into another small problem in that the Forest Service said the permit was not valid to do this and they were going to help them get the validation done. Commissioner Wichman said she would speak with Mr. Salman about that as the Sheriff, the Forest Service, and Verizon all had equipment on that same spot.

Commissioner Wichman

asked Mr. Salman what direction he would like to see the television board go in. Mr. Salman believed there were people using the television service, but that the board would be obsolete in ten years anyway. Commissioner Wichman said she believed it was obsolete now and asked how many people were using the television service. Mr. Salman said he was told about 50. Commissioner Wichman asked who told him that. Mr. Salman the UPS employee had counted antennas.

Commissioner Wichman

explained she was trying to determine whether the tax assessments were done properly. Brian Kunzi advised it was proper as long as the assessment had been properly enacted by the Board. He also said that some of the September 4, 2012 lid. For Possible Action Discussion and deliberation on alternatives to resolve the Smoky Valley TV District’s issues and/or action on options for reorqanization.-Cont’d. complaints he had received were on the issue of how the tax was actually being determined. He said if this was going to continue then it was something the Board definitely had to address to be sure the assessments were clearly enacted at a proper meeting with proper notice that it was going to be on the agenda. Mr. Kunzi stated what he had been dealing with was the mentality that generally this was the way it had always done and that was why it was being done that way.

Commissioner Eastley

stated when the Board decided to reduce the assessment for receiving the signal there were questions of whether proper procedure had been followed at that time, including adoption of a resolution. Mr. Kunzi advised this was a “below the line” assessment with no requirement for Department of Taxation approval. There was a statute that provided for an ad valorem taxation on each parcel, but this had been classified as a charge based on the number of receivers with no resolution needed.

Commissioner Eastley

asked what the fund balance was. Susan Paprocki said she would find out. Mr. Meighan advised it was roughly $176,000.00. Shirley Matson, Assessor, explained the service charge was collected off an Excel spreadsheet that her office sent to the president of the Smoky Valley TV District and then they told the Assessor who should be charged. She explained that this had been sent to them prior to March, but she had not received a response. She said that no one told her office that the assessment had been reduced to $20.00.

Commissioner Wichman

asked Mrs. Matson who she had sent the information to. Mrs. Matson said last year she sent it to Kathryn Doheny and had received a response. This year she sent it to Rae Stonier. Commissioner Wichman advised neither of those people were currently on the board.

Commissioner Eastley

said it was her opinion that the plan to dissolve this district should move forward, but she wanted to give the citizens of Smoky Valley ample opportunity to comment on whether that was the action they wanted the Board to take.

Commissioner Wichman

said she could possibly do a survey of the individuals within that district.

Commissioner Hollis

suggested putting this off to let Commissioner Wichman see what she could do about finding out what the citizens of Smoky Valley wanted to do, but the Assessor needed to be notified of who was on this board.

Commissioner Schinhofen

suggested using the money left in the fund to get satellite television for the residents if the district was dissolved. September 4, 2012 lid. For Possible Action Discussion and deliberation on alternatives to resolve the Smoky Valley TV District’s issues andlor action on options for reorqanization.-cont’d.

Commissioner Eastley

said Nevada Revised Statutes Chapter 318.490 stated the Board could adopt an ordinance to dissolve a district if they determined that the services of the district were no longer needed or could be more effectively performed by another County department. She asked why IT could not maintain the television site since it was already maintaining other items out there.

Mr. Kunzi

advised that section did not really refer to an agreement, but they did have the capabilities with an interlocal agreement to contract with IT to perform that service. He explained that it really said that the entire purpose of the district could be better performed. Mr. Kunzi further pointed out that if the district was dissolved pursuant to that provision, then that responsibility would fall back to the Board of County Commissioners which, under Chapter 244, was given every power given to a district under Chapter 318 along with the right to exercise those powers.

Commissioner Hollis

had asked the Assessor how many people she sent these tax bills out to and she told him over 2,000. She also routinely got complaints from people about having to pay for something they did not receive.

Commissioner Wichman

asked Mrs. Matson how many people had called her. Mrs. Matson said it was kind of seasonal and a person was usually speaking for a group, but she estimated upwards of 50 people. Mrs. Matson said there were people in that area on a very limited income who wanted to hold on to it because they would not have the funds to pay for a dish service.

Commissioner Wichman

summarized that her marching orders were to see how the citizens felt about having the district and to bring a plan back to this Board to move forward, with Commissioner Eastley’s help.

Mr. Meighan

asked what would happen to the money in the treasury if the district was dissolved. Commissioner Wichman told him it would go to the operation that took this over. Mr. Meighan said he realized this was an unusual situation where there was a surplus of money, but he had paid more into this then he had for schools. Pam Webster said she would look at the language in the resolution. This item was trailed. Page9 September 4, 2012

Commissioner Schinhofen

asked that item 9h be pulled for discussion. Pam Webster asked that item 9r be pulled for discussion.

Commissioner Hollis

asked that item 9i be pulled for discussion. 9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9c. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9d. For Possible Action — Approval of Personnel Actions

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9e. For Possible Action Approval to request from the Nevada Division of Emergency Management (DEM): 1) a no-cost extension to the unspent FFYI2 Emergency Preparedness Working Group (EPWG) grant award extending it to June 30, 2013; and 2) a no-cost extension to the FFYI2 EPWG Supplemental grant award extending it to June 30, 2013. These grants are administered from Fund 10340 Grants.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9f. For Possible Action Approval of an increase to project CPI 038, Multipurpose Training Facility to cover final expenses associated with the completion of this project and can be funded from Fund 10401 Capital Projects.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. September 4, 2012 9g. For Possible Action Approval of the purchase of one Trimble Ge0XH 6000 series GPS unit and associated equipment necessary in support of NWRPO projects and is budgeted from Fund 10336 Yucca Project Oversight.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9j. For Possible Action Approval to select Gust Electric Inc. as the lowest most responsible and responsive quote to provide necessary electrical work at the County’s Currant Creek Road Department shop and is budgeted from Fund 10205 Road.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9k. For Possible Action Approval to apply for the State of Nevada Division of Emergency Management (DEM) FY13 Emergency Preparedness Working Group (EPWG) grant for SalarieslFringe, contractor/consultant fee, and equipment. This grant shall be administered from Fund 10340 Grants, and there is no match required.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9m. For Possible Action Approval to select Burlington Construction & Supply Inc. as the lowest most responsible and responsive quote for the redesign of the Tonopah Sheriff’s Front Office and is not budgeted but can be funded from Fund 10401 Capital Projects.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9n. For Possible Action Approval to select Burlington Construction & Supply Inc. as the lowest most responsible and responsive quote to complete the work on the Beatty Volunteer Fire Department “New” hail restroom and “Old” hall block wall and door installation and is budgeted from Fund 24401 Beatty Town.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. September 4, 2012 9o. For Possible Action Approval to select Valley TV as the lowest most responsible and responsive quote for the purchase and installation of new FM Radio Translators for the Town of Beatty and is budgeted from Fund 24401 Beatty Town. This item was removed from the agenda. 9p. For Possible Action Approval to renew the Cooperative Fire Protection Agreement with United States Department of the Interior (DOl) Bureau of Land Management (BLM) Southern Nevada District Office. Las Vegas, Nevada, Battle Mountain District Office, Battle Mountain, NV. This agreement shall remain in effect for five (5) years from the date signed, with yearly review by both parties.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9g. For Possible Action Approval of a Letter of Agreement between Nye County and Target Marketing, LLC for the purpose of authorizing use of Nye County GIS data for the purpose of the Official Pahrump Chamber of Commerce Map.

Commissioner Schinhofen

made a motion to approve items 9b-9g, 9j-9n, 9p, and 9q; seconded by Commissioner Eastley; 5 yeas. 9h. For Possible Action Approval to grant VallevElectric Association, Inc. (VEA) a 100 foot easement and right of way across County owned property (APN 035- 011-01) that includes the Emergency Services Training Facility at Mesquite Ave and Higley Rd.

Commissioner Borasky

said he questioned some of the language in the letter regarding the electrical need for the existing line and that Valley Electric will “likely” accommodate its removal, and that the letter should not be construed as a commitment and was only a letter indicating Valley Electric’s current intent. He was also concerned with the addition of things into the right-of-way and wondered if they collected money for allowing other people to use the easement. Brian Kunzi advised the only thing the Board was voting on today was the agreement and grant of an easement documents. The letters just explained what was happening.

Mr. Kunzi

wanted to add the “grantee shall not sublease, assign, or otherwise transfer any interests in the easements described herein without express permission from grantor” to the last page of the agreement regarding subleasing because he did not think it was strong enough and it did appear that there might be some granting of the easement to allow cable television to be put in. He said if someone was going to profit from it, it should be the County and not yEA.

Commissioner Eastley

made a motion to approve with the change as stated by the District Attorney; seconded by Commissioner Schinhofen. September 4, 2012 9h. For Possible Action Approval to grant Valley Electric Association, Inc. (VEA) a 100 foot easement and right of way across County owned property (APN 035- 011-01) that includes the Emergency Services Training Facility at Mesquite Ave and Higley Rd.-Cont’d.

Commissioner Schinhofen

agreed with the amendment but was concerned with Valley Electric’s current intention with regard to the existing line. He seconded the motion because he thought this was a good project.

Commissioner Eastley

asked Commissioner Borasky for his reason for the dissenting vote. Commissioner Borasky said it was because of the attitude of the company in that they did not want to make a commitment, but they wanted the County to give them one. 9i. For Possible Action Approval of Change Order No. 11 to the contract with Wulfenstein Construction Co., Inc. for the Blagg Road Sewer Line Trench Backfill Replacement Project PE1202 that provides a no cost time extension to the contract through September 28, 2012 and has no financial impact. Frank Wilson expressed his frustration with Blagg Road and wanted to know why the extensions were being granted. He said the contractor was only working four days a week and if there was such a time limit on it then they either needed another crew or they needed to work five days a week.

Commissioner Eastley

made a motion to approve; second by Commissioner Schinhofen.

Commissioner Borasky

agreed with Mr. Wilson and said that this better be the last change order as he would not vote for any further extensions.

Commissioner Eastley

said absolutely as the contractors’ services were assigned as a lien on the property. September 4, 2012 9r. For Possible Action Approval to waive County landfill fees for disposal of trash and debris from cleanup of 561 W. Irene St.-Cont’d. Brian Kunzi suggested that instead of waiving the fee, since this was a cleanup of a nuisance and any costs incurred for the cleanup of a nuisance was a fee that was entitled to be collected by the County, the motion should be that the contractor was not required to pay the fee but the matter would be assessed against the property as a cost that the County could lien the property on.

Commissioner Eastley

made a motion that the contractor not be required to pay the fee but the matter would be assessed against the property as a cost that the County could lien the property on; seconded by Commissioner Schinhofen; 5 yeas. 10:45 a.m. For Possible Action Presentation, discussion and deliberation to issue a contract to BEC Environmental, Inc. (BEC) for economic development and related services Activities under this contract will be conducted from August 1, 2012, throuq July 31, 2013. The presentation was in the backup.

Commissioner Borasky

reminded the Board of the statement he made on July 17, 2012, under Commissioners’/Manager’s comments regarding issuing REPs for all consultants in the future. He was aware of the wonderful job that BEC Environmental had done, but said if there was anyone out there who lived in Nye County and spent their money in Nye County it would be good to bring that money back. Commissioner Borasky said he would make this comment every time the Board wanted to pay someone over and over and over again.

Commissioner Eastley

reminded Commissioner Borasky that Eileen Christensen had an office in Nye County.

Commissioner Hollis

agreed with Commissioner Borasky. He said that apparently

Commissioner Eastley

did not get the complaints, but he and Commissioner Borasky did receive emails and phone calls about why things were not bid out. He said he took his job seriously and people wanted them to bid things out.

Commissioner Wichman

asked how long it took to go out for an RFP. Pam Webster said the whole process took about two months. Brian Kunzi said the Commissioners needed to understand that this was not a lowest bid requirement. One of the issues that come into play with these types of services was what was the best service that could be bought and an award could be based on qualifications and past service with the County.

Commissioner Eastley

stated BEC Environmental had been working on these initiatives since 2007 with amazing success. She placed a high value on their services and the September 4, 2012 10:45 a.m. For Possible Action Presentation, discussion and deliberation to issue a contract to BEC Environmental. Inc. (BEC) for economic development and related services. Activities under this contract will be conducted from August 1. 2012, through July 31, 201 3.-Cont’d. reputation Ms. Christensen had with the Governor’s Office of Economic Development, the EPA with the Brownfields program, and the FAA with the airports. To change horses in mid-stream because people who did not have an opportunity to bid were complaining would result in the County biting off its nose to spite its face.

Commissioner Eastley

was well aware of the pressure placed on Ms. Christensen to open an office in Nye County, which she did, so the bid was given to someone with a Nye County connection,

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Hollis

commented that this was not the only contract the County gave out and this was not about Ms. Christensen personally. He had been on this Board for eight years and knew this type of service agreement did not have to go out to bid.

Commissioner Borasky

said he also meant no disrespect to Ms. Christensen or her company and she was one of the best the County used as far as he was concerned.

Commissioner Eastley

suggested that the phrase “Salazar maintained that the rules are necessary for the states that are not considered up to par” be italicized and in quotes . She also suggested noting the source of that quote.

Commissioner Hollis

was not present.

Commissioner Eastley

made a motion to approve with the change as stated; second ed by Commissioner Schinhofen; 4 yeas.

Commissioner Hollis

said the press had requested that consultants be allowed to make the presentations rather than basing decisions on the backup as it helped them with their articles. hf. For Possible Action Discussion and deliberation to approve land action request for submittal to Nevada delegation staff in support of a Comprehensive Land Bill.

Commissioner Wichman

explained this was recommended by staff to be put in as a placeholder until the full bill could be developed.

Commissioner Wichman

stated she received a call from Doug Furtado, Director of the BLM Battle Mountain District, after a Pahrump Valley Times article was published about the land bill. He would like to see the applications again for the cemeteries and shoote r sites that she requested originally. Commissioner Wichman said she would work both ends against the middle as those requests could always be withdrawn if done through an administrative procedure.

Commissioner Eastley

said for years she had talked about the fact there was an administrative process that could be followed through the BLM and Forest Service for active and historic cemeteries.

Commissioner Wichman

said for Mt. Moriah the Board approved an R&PP lease to be put in. She was told by the realty specialist that it would not float with an R&PP September 4, 2012 hf. For Possible Action Discussion and deliberation to approve land action request for submittal to Nevada delegation staff in support of a Comprehensive Land Bill.-Cont’d. because it was considered Hazmat and had to go to a direct sale, so the lease was withdrawn and an application for direct sale was put in. That went from the realty specialist’s desk directly to Washington, D.C., and was held up there due to the mineral potential. Commissioner Wichman thought the congressional route was the only way to go, but Doug Furtado told her that the realty specialist should have brought those to him and the decision could have been made at his level prior to it going to Washington, D.C. She said she would take that back to him and work through the administrative procedure.

Commissioner Hollis

said he had normally shied away from land bills like this, but Congressman Amodei convinced him he could do this and if it changed any the Congressman would pull the bill.

Commissioner Hollis

made a motion to approve: seconded by Commissioner Schinhofen.

Commissioner Schinhofen

hoped certain senators who wanted wilderness in this area were avoided.

Commissioner Eastley

said she had been following with avid interest the lands bills requests made by some of Nye County’s sister counties and Senator Reid has gone on the record to say that no lands bill would make it through the Senate without a wilderness element.

Commissioner Wichman

advised there was a mutually agreed upon area between Nye and Esmeralda Counties that would be suitable for wilderness and it was currently a wilderness study area that could be changed too.

Commissioner Wichman

said she had a motion and a second and asked if there was any further discussion. There being none, she asked for all those in favor. There were 3 yeas.

Commissioner Eastley

said she did not vote yet. She did not support this and did not care that there was an agreement with Esmeralda County to identify shared wilderness. She did not support the addition of any wilderness areas since already 98% of Nye County was either owned, controlled, or managed by the federal government. She did not want to reduce or eliminate accessibility to any of the land the County had.

Commissioner Wichman

asked her to support her on this, so Commissioner Eastley supported her, but she was absolutely opposed to submitting a bill when Senator Reid had already warned that any bill introduced must include an element of wilderness in order for it to pass. September 4, 2012 hf. For Possible Action Discussion and deliberation to approve land action request for submittal to Nevada delegation staff in support of a Comprehensi ve Land Bill.-Cont’d.

Commissioner Hollis

agreed with Commissioner Eastley, but said this was not just land. It was town sites and cemeteries and for Senator Reid to want wilderness in cemeteries was not going to look good for him. Even if he did put a wilderness label on it, it would come back to the County anyway.

Commissioner Borasky

said he had not voted either. He understood what

Commissioner Eastley

said and had heard what Senator Reid said, but he would never sign on anything to give away what was supposed to be the people’s land.

Commissioner Wichman

called for the vote again. She agreed with everyone and did not want to see a wilderness bill, but she wanted to see the administrative procedures for getting things withdrawn.

Commissioner Schinhofen

attended a meeting with the Great Basin College, who asked for this, and the School District agreed with it.

Commissioner Eastley

advised the legislative committee recently backed performance- based funding for colleges, which resulted in a 32% reduction in funding for Great Basin College from the State of Nevada. Based on that information, she asked if anyone really believed that the Pahrump campus was going to continue to be a priority with Great Basin College. She was very concerned about approving a request like this to give them considerably more facility than what was asked for in the original request knowing that there would be a 32% reduction in funding.

Commissioner Schinhofen

said many people spoke against this, including hopeful Senator Goicoechea, but Commissioner Schinhofen thought they were committed to the Pahrump campus. The only reason Commissioner Schinhofen supported this was because the School District agreed with the swap.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Borasky

asked if the motion was to approve with changes in the letter.

Commissioner Eastley

outlined the various changes she wanted to make. September 4, 2012 jig. For Possible Action Discussion and deliberation approving a letter supporting a request to amend Special Award Condition No. 10 of the Financial Assistance Award EDA Award No. 07-49-04211 ,-Cont’d.

Commissioner Wichman

asked if they were substantial changes. Commissioner Eastley said they were not.

Commissioner Schinhofen

asked if Fund 10242 would be closed eventually. Susan Paprocki said if the District Attorney’s Bad Check Program fund were to be dissolved, there needed to be three years of inactivity before it could actually be closed.

Commissioner Eastley

asked what the IV-D incentive was. Mrs. Paprocki explained that was a special fund set up for child support to take the funds from the State which would also be dissolved after three years of inactivity.

Commissioner Eastley

asked what the County-owned building fund was. Mrs. Paprocki said that was a fund set up to account for revenues and expenditures related to buildings the County owned and received rent on.

Commissioner Eastley

asked Mrs. Paprocki to add something to the report that showed the period ending as she did not know what it was. She noted the report was generated on August 22, 2012, and asked if it was for the period ending June 30, 2012 or July 31, 2012. Mrs. Paprocki explained that with the new system everything was up to date and actual so the computer pulled in everything. She said the report was for the period ending June 30, 2012, but was up to date as of the date it was run.

Commissioner Schinhofen

asked if there were bills held over. Mrs. Paprocki said the utility bills were always a month behind and some departments had invoices they needed to pay after June 30, 2012, which were processed in July and August.

Commissioner Wichman

asked Mrs. Paprocki if she was confident that this was the end.

Mrs. Paprocki

said she spoke with Judy Dodge and there were still purchase orders being processed for last fiscal year.

Commissioner Eastley

asked if the books were closed on the last fiscal year yet. Mrs. Paprocki said they were not.

Commissioner Wichman

asked if the 125% expenditure shown in the grant fund reflected obligations incurred. Mrs. Paprocki explained those were actual expenditures and most grants were reimbursable so the money had to be spent first and then it was reimbursed. September 4, 2012 23b General Fund Cost Performance Report

Commissioner Eastley

asked that the reports have a period ending referenced. Susan Paprocki said this was for the fiscal year ending 2012 and included activity up through August 23, 2012, so it did account for any post-June 30 activity. She explained it was by function for the general fund because Commissioner Eastley had asked for the general fund, and it was broken out by the general fund function showing each of the departments listed and where they were at. The general fund was 98% of budget spent and the judicial departments were also 98% of budget spent. On the third page was EMS, which included the EMS portion of Public Safety and the health function of animal control and the animal shelter. Mrs. Paprocki stated that in addition to the $42,500.00 listed under encumbrance for salaries, which is a grant award still to be received for one-half of the director’s salary, there would also be BLM reimbursements for when EMS personnel worked on wildfires. The amount of that was unknown, but they would be under budget.

Commissioner Eastley

asked if there was a formula they paid by or if they paid invoices submitted. Mrs. Paprocki said that was handled by the EMS office so she was not sure.

Mr. Paprocki

stated bottom line for the Sheriffs Office portion of Public Safety was they were at 108% of budget or $1,033,000 over budget.

Commissioner Eastley

asked why Function 9500, Miscellaneous, was $68,000.00 over budget. Mrs. Pap rocki said the retiree benefits were paid out of this fund and were higher than what was budgeted.

Commissioner Wichman

asked if the Commissioners’ services and supplies included travel expenses. Mrs. Paprocki said it did. Commissioner Wichman asked if travel expenses were broken out for each year. Mrs. Paprocki said they were. Commissioner Wichman asked if it included prepaid travel expenses. Mrs. Paprocki explained it would not include travel expenses incurred after June 30, 2012, and that account included everything outside of their salaries and benefits. Commissioner Wichman asked Mrs. Paprocki for any suggestions for things the Commissioners could do to help that. Mrs. Paprocki said the travel had a big effect last year.

Mrs. Paprocki

advised she sent this report to all department heads under the general account and asked them to review their encumbrances to see if they could be rolled over into the current fiscal year. 24. Health & Human Services This item was removed from the agenda. Page2l September 4, 2012 25. HIR and Risk Management This item was removed from the agenda. 26. Information Technology This item was removed from the agenda. 27. Nuclear Waste Repository Proiect Office This item was removed from the agenda. 28. Planning/Building This item was removed from the agenda. 29. Public Administrator This item was removed from the agenda. 30. Public Works This item was removed from the agenda. 31. Senior Services This item was removed from the agenda. OTHER BUSINESS 32. Town Boards/Town Advisory Boards This item was removed from the agenda. 33. Public Petitioners 33a. For Possible Action Presentation, discussion, and deliberation of support of The Rural Medical Facility Investment and Improvement Act. The public petitioner was not present. There was no action taken on this item. September 4, 2012 33b. For Possible Action Discussion and deliberation to amend Nye County Code 17.04.510: CF (attached) to require a public vote prior to any changes to the special distance requirement, i.e. 50,000 feet (-9.5 miles), pertinent to incarceration facilities. Judith Holmgren, Chair of the 2012 Referendum Committee, stated they wanted to have this amended so the public voted before any changes were made in the distance between an incarceration facility and any residential housing. She said this was removed when the prison was built and then put back in place. She stated hundreds of Pahrump residents stood up when this prison was coming to town and told the Commissioners it was a bad idea, and it turned out to be a bad idea in many ways, one of which was the sewer line. She said the public wanted to prevent any further incursion of prisons into the town of Pahrump with this ordinance.

Commissioner Schinhofen

said this item should be taken to the Regional Planning Commission (RPC) first and the RPC should make a recommendation before it came to the Board. He commented that this item came from a group of people who contended they were not properly informed, but that decision was noticed like all other items at every meeting. Commissioner Schinhofen did not support this petition and would not support changing the ordinance.

Commissioner Borasky

said the raw count showed 655 signatures were collected and asked if that was enough to put it on the ballot. Sam Merlino said it was not.

Commissioner Wichman

noted they missed the deadline also.

Commissioner Wichman

agreed with Commissioner Schinhofen that this was an RPC decision or should come to the Board with a recommendation from them. Mrs. Holmgren said she did not know if the RPC could recommend that the Board add a voting accommodation for this, but they would pursue that.

Commissioner Borasky

noted the distance requirement would put facilities at nine and one-half miles outside of Pahrump. Mrs. Holmgren said it was a proposal for all future facilities. Commissioner Borasky said that would affect people in other communities as well.

Commissioner Eastley

asked if they were aware of any other private correctional facility that was interested in coming into the Pahrump valley and constructing a facility. Donna Cox said not at this time.

Commissioner Eastley

asked if they were anticipating something in the future since they wanted to amend the ordinance back to the way it was even though they were not hearing anything now. Mrs. Holmgren said not at the moment, but there was enough property for CCA to construct another pod and they wanted to avoid that.

Commissioner Eastley

asked if the pod would be on their own property. Mrs. Hoigrem said possibly, but possibly not as they did not have to construct on their current property September 4, 2012 33b. For Possible Action Discussion and deliberation to amend Nye County Code 17.04.510: CF (attached) to require a public vote prior to any changes to the special distance requirement, i.e.. 50,000 feet (-9.5 miles), pertinent to incarceration facilities.-Cont’d.

Commissioner Eastley

said it would stand to reason that they would simply expand on the property they owned now since they have utilities, etc., instead of negotiating with Nye County again. She said even if the ordinance was amended it would not stop them as they already owned the property.

Mrs. Cox

stated there were other companies out there that could come. It did not necessarily have to be CCA, and usually when a prison or correctional center was allowed to come in to one area other companies looked into that area also as they would already have a precedence set. She said the town had large acreage that could allow this to happen, and the 70 acres off of Kellogg could be used as a site for this as it was already zoned CF. She just wanted the people in the general area to be aware.

Commissioner Eastley

asked if that was the property the County gave to the town with a deed restriction. Mrs. Cox said it was and she was just using it as an example.

Commissioner Hollis

explained CCA would have to come back before the Board for more housing as that was the agreement.

Mrs. Holmgren

felt there was a great possibility that another prison company would look at Pahrump as a potential prison site because of the loss of viability of the town. She said the people in Pahrump would like to prevent a proliferation of prisons by having it go to a public vote as a discouragement to various prison companies.

Commissioner Eastley

told Mrs. Holmgren and Mrs. Cox that as with any business or industry the market would dictate whether an expansion or new facility was necessary. Since no one was hearing about another company wanting to locate here to provide the same services or compete with CCA, or that CCA wanted to expand, obviously the market had not grown.

Commissioner Hollis

explained the sewer line Mrs. Holmgren mentioned did not belong to the detention facility. It belonged to Utilities, Inc., and the detention facility paid to have it done. He said what was done on Blagg Road was not the detention facility’s fault and assured them that the County was taking all necessary legal steps to recoup the money the taxpayers had spent on Blagg Road.

Mrs. Holmgren

asked whose sewage flowed up Mesquite. Commissioner Hollis said it was from the detention facility. Mrs. Holmgren asked if anyone else used the line.

Commissioner Hollis

said the line was there for the future. Mrs. Holmgren noted the sewer line was put in specifically for the detention facility. Commissioner Hollis said it was because they needed it, but it was not only for them. Anyone could hook in, but no September 4, 2012 33b. For Possible Action Discussion and deliberation to amend Nye County Code 17.04.510: CF (attached) to require a public vote prior to any chances to the special distance requirement, i.e.. 50,000 feet (‘-9.5 miles), pertinent to incarceration facilities.-Cont’d. one had since the building had slowed and there was no demand for that sewer line. If there were to be a demand, then Utilities, Inc. would charge to hook up to it. Brian Kunzi clarified for the public that with all of the efforts with regard to the problems caused by the sewer line under Blagg Road not one piece of evidence was received that indicated there was any problem with the handling of the sewage. That had nothing to do with the litigation. The problems were with the dirt that was put on top of the sewer line. He said there was zero evidence of any issue with the public health and safety regarding use of that sewer line. This item died for lack of motion. 34. GENERAL PUBLIC COMMENT (second) Butch Harper said he recently returned from Aurora, Colorado, where the tragedy in the movie theater happened. He had received a letter from the mayor and left copies of it for the Board. He thanked the people of Nye County and Pahrump for coming together on this issue and delivering a strong and powerful message. Vicki Parker said the fall festival would be held. The town had taken the reins and was going to put together an awesome festival with over a hundred vendors and a rodeo. The ticket prices had been lowered to $10.00. The festival was scheduled for September 2730, 2012. She said she was also spearheading a drive to ask people to buy an extra carnival or rodeo ticket to give to children who would not otherwise be able to attend. 35. ANNOUNCEMENTS (second)

Commissioner Borasky

said a candidates’ night would be held October 4, 2012, starting at 6:00 p.m. at the Nugget.

Commissioner Hollis

said the Pahrump Community Church needed help with food and asked people to please donate.

Commissioner Schinhofen

said a golf tournament was scheduled for September 21, 2012, at Mountain Falls. It would be headed up by Rodney Camacho.

Commissioner Schinhofen

said he would be playing at the fall festival on Thursday at 8:30 p.m. September 4, 2012 36. ADJOURNMENT

Commissioner Schinhofen

made a motion to adjourn; seconded by Commissioner Borasky; 5 yeas. APPROVED this ATTEST: Of ,2012. - I —tiair Nye County Clerk I Deputy