September 18, 2012

Ms. Denny

explained the Actor Training I and II classes were approximately a week long and included intensive acting classes, vocal lessons, movement training, and question and answer sessions on how to prepare to be actors in the festival. At the end of the course a Shakespearean monologue and scene was performed for family and friends. She said her favorite part was working with the actors.

Ms. Bentley

said to her acting was always a hobby and not practical as a career. She had amazing monologue teachers though, and because of the good experience she had her opinion of acting had changed.

Ms. Gilpin

said she did not attend the acting camp. She took the technical camp and it was a much different experience with different workshops each day on things like rigging, set design, props, hair and makeup. Her favorite part was working with an actual stage manager at the festival and a rigger/lighting person. She said she intends to pursue a career in technical theater. September 18, 2012

Commissioner Eastley

asked Ms. Parker what the vehicle for the tax deduction was.

Ms. Parker

explained it was through the Town, but she was not sure how it would work. She had been giving receipts from the Town because the money was going straight for tickets for the kids. The Town was a non-profit as were Nye Community Coalition and Kiwanis.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Wichman

said on page 23 of the August 7, 2012, minutes, the first paragraph under item 33b needed to be clarified because it was not clear whether the Board actually went into closed session.

Commissioner Schinhofen

made a motion to approve the minutes with the correction as stated; seconded by Commissioner Borasky; 5 yeas. 10:15 a.m. Recess to the Nye County Board of Road Commissioners NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS. BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS.

Commissioner Wichman

asked everyone to join her in congratulating Commissioner Borasky on his appointment to the NACO Transportation Steering Committee.

Commissioner Wichman

encouraged her colleagues and staff to participate in the Great Basin Water Forum on November 13, 2012. It would be held during NACO’s conference so everyone who participated in NACO could also participate in that forum. She said it was unusual to have a structure built the way it had been done, but there were agreements in place with California and Utah through the Central Nevada Regional Water Authority, which Commissioner Eastley was the chair of, which was a model agreement.

Commissioner Wichman

said the Tonopah Conservation District Office was up and running with a new office to be shared with NRCS located in Hadley next to the Sheriffs substation. An open house was scheduled for October 31, 2012, from 4:00 p.m. to 7:00 p.m., and hopefully they could distribute information to the public as to what they could do.

Commissioner Wichman

advised the Nye County Comprehensive Economic Development Strategy for 2012-2013 had been completed and Pam Webster received a letter from the Economic Development Administration which stated great job.

Commissioner Hollis

said Ken Shockley would have a veterans’ benefits course on October 22, 2012, at 9:00 a.m. and 2:00 p.m. at the Commissioners’ chambers in Pahrump.

Commissioner Borasky

reminded everyone of the Candidates’ Night at the Pahrump Nugget at 6:00 p.m., with the doors opening at 5:30 p.m. He said all candidates would be asked three identical questions and allowed a three minute response.

Commissioner Schinhofen

said a golf tournament would be held this Friday at Mountain Falls to benefit the Nye County Youth Coalition. He thought it was $410.00 for a foursome. He said he would be happy to play if someone had an opening.

Commissioner Schinhofen

asked anyone who prayed to please keep David Ramos in their prayers as he was just diagnosed with stomach cancer. He said Mr. Ramos was 53 years old with two children and a great guy. 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 18, 2012

Commissioner Eastley

asked Pam Webster for the status of the Memorandum of Understanding with the Pahrump Senior Center. Mr. Webster advised that since this was last discussed she had been informally notified that the senior center was not going to utilize the budget that Nye County had identified for them this year so there was no longer a need for that Memorandum of Understanding. She should receive that in writing shortly.

Commissioner Eastley

asked Sam Merlino about the applicants for the raw milk commission. Mrs. Merlino said just one had been received. Commissioner Eastley asked if she was advertising again. Mrs. Merlino said she was.

Commissioner Eastley

asked if a draft of a planning feedback form was ready and offered to prepare one if it was not. Mrs. Webster said she was sorry to say that she thought they were moving forward with it as it had been discussed at the staff meeting, but she did not make a specific formal assignment. She said she would get it done and would appreciate any samples.

Commissioner Eastley

asked for the status of the HUD house. Mrs. Webster advised the heater was bad and Bob Jones was replacing it. She said the flooring was lifting in a couple of places and Mr. Jones was also fixing that. Mrs. Webster advised they found quite a bit of living room and television help through a used estate sale and also found bedroom furniture. She expected the house to be usable after October 1, 2012.

Commissioner Eastley

stated when she came in this morning there was a big conservation camp crew outside pulling weeds and she thanked Mrs. Webster if she made the arrangements for that.

Commissioner Eastley

participated in a meeting Wednesday with the Nevada Site Specific Advisory Board (NSSAB). During that meeting there was an opportunity to review the list of activities that the Department of Energy (DOE) proposed that the NSSAB incorporate into its FY2013 work plan. One of the items in the work plan that had been adopted for FY20 13 was to review the Nye County drilling proposal and determine from a community perspective if it was something the Board recommended the DOE support. To that end, the DOE was going to invite Darrell Lacy and his staff to share the County’s groundwater well proposal with the NSSAB in November, after which DOE would lead a discussion on the potential impacts and benefits of the proposal. Commissioner Eastley was hopeful the DOE would support and accept it. September 18, 2012 8. Commissioners’!Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)-Cont’d.

Commissioner Eastley

received an email from the Las Vegas District Office that the SNORE (Southern Nevada Off-Road Enthusiasts) activity in Pahrump had been canceled since they did not come up with the money they were supposed to for that phase of the process. She assumed that meant they could not come up with the cost recovery, which for this activity for this particular group appeared to increase dramatically every time they sponsored an event. Commissioner Eastley did contact Patrick, the Interim Director at the Las Vegas District Office, and asked if it was possible in lieu of entering into an agreement with BLM to provide the paid law enforcement for this activity if they could instead contract with the Sheriff’s Office to provide that law enforcement as it might be cheaper. Patrick thought that was a good idea and said he would visit with staff and get back to her.

Commissioner Hollis

attended a Senate Subcommittee meeting on a bill proposed by Senator Bingaman from New Mexico. The bill promoted Carlsbad, New Mexico, for a repository and did not go anywhere, which was a good thing for Yucca Mountain.

Commissioner Eastley

asked if any of the Congressional hearings were televised or broadcast on the Internet. Commissioner Hollis said they were and that Darrell Lacy could get the information to the Commissioners.

Commissioner Schinhofen

asked Commissioner Hollis if New Mexico was actively seeking the waste although many people say no one wants it. Commissioner Hollis said they were and Texas was now too.

Commissioner Schinhofen

asked the County Manager to schedule another meeting about the Eye and the roadways.

Commissioner Borasky

said an agenda item would be brought forward on Thursday regarding the United Way. The United Way requested the highest ranking member of the County be a member on their board and Commissioner Borasky believed he was recommended for that.

Mrs. Webster

reminded the Commissioners of the teleconference scheduled for September 20, 2012, at 8:15 a.m. 10:45 a.m. For Possible Action Public Hearing, discussion, and deliberation on Nye County Bill No. 2012-16: An Ordinance Authorizing The Issuance Of The Nye County, Nevada, Water Revenue Bond, Series 2012 In The Principal Amount Of $299,000.00 To Pay In Part The Cost Of A Water Project; Providing The Forms, Terms And Conditions Of The Bond, The Security And The Sale Thereof; Providing Other Matters Relating Thereto And The Effective Date Hereof.

Commissioner Wichman

opened the public hearing. September 18, 2012 10:45 a.m. For Possible Action Public Hearing, discussion, and deliberation on Nye County Bill No. 2012-16-Cont’d. Frank Carbone questioned the County share of the bond of $299,000.00 and the total cost of $1.7 million. Pam Webster explained there was a County match originally on the project and then a grant from USDA of $965,000.00. She said this was the final leg of the funding for the total project and would be dedicated from the revenues of the utility through an enterprise fund.

Mr. Carbone

asked if funds would be coming in. Mrs. Webster said it was a separate enterprise fund which designated the revenue and expenses specifically for that water system.

Mr. Carbone

asked if Manhattan was paying for the whole bill. Mrs. Webster said that was correct.

Mr. Carbone

asked how the funds got into the revenue account. Mrs. Webster stated users were billed monthly for the water service and those receipts went into the fund.

Mr. Carbone

asked if this was already owned by the County. Mrs. Webster said it was. Judith Holmgren realized that these undertakings had to be revenue producing and asked what the expected rate of return per year on this investment would be.

Commissioner Wichman

said the County was not allowed to work on a profit margin.

Mrs. Holmgren

asked if this would return revenue to the County. Mrs. Webster explained revenue generated for this endeavor would stay in the enterprise fund and be directed to the future maintenance and expenses of the utility.

Mrs. Holmgren

asked what Mrs. Webster expected to be generated. Mrs. Webster asked Susan Paprocki if she had an annual revenue projection.

Mrs. Webster

expected the loan interest to be roughly 3%% depending on what it was when it closed. Mrs. Holmgren asked if the revenue would cover that. Mrs. Webster said absolutely.

Commissioner Eastley

said she did not remember this bill ever being proposed and questioned the holding of a public hearing and discussion and deliberation on its adoption. Mrs. Webster advised this was a one reading bill and could be done in the same meeting according to bond counsel.

Commissioner Eastley

asked what law governed this. Brian Kunzi said there was a specific process for an ordinance so he was not sure what Mrs. Webster was referring to, but there might be an exemption within the bond that he was not familiar with. Lorina Dellinger said it was not an emergency item, but there was a Nevada Revised Statute which allowed it to act as an emergency item and be heard in one hearing. September 18, 2012 10:45 a.m. For Possible Action Public Hearing, discussion, and deliberation on Nye County Bill No. 201 2-1 6-Cont’d. James Eason, Tonopah Town Manager, said it could be done this way because it was for water. Mr. Eason explained this was the exact same process the Town followed for USDA funding and the Town had the same bond counsel for its water and/or sewer projects. Commissioner Eastley asked if it was for quasi-emergency type things. Mr. Eason said he could not answer that, but said this was a standard process that the Town had followed for sewer and water.

Commissioner Eastley

asked if it was advertised. Mrs. Dellinger explained the advertisement was the posting of the agenda and that the advertisement in the paper would come afterwards. She said Nevada Revised Statutes Chapter 350 governing municipal obligations allowed the County to proceed this way.

Mrs. Paprocki

stated the Manhattan Town Water Fund had budgeted revenues from water charges of $46,000.00 for FY2013 and budgeted investment income of $1,000.00 for interest, for a total of $47,000.00 in budgeted revenue for the Manhattan Water Fund.

Commissioner Wichman

closed the public hearing.

Commissioner Schinhofen

made a motion to adopt with an effective date of September 28, 2012; seconded by Commissioner Eastley; 5 yeas.

Commissioner Wichman

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

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 9l-9o; seconded by Commissioner Borasky; 5 yeas. 9c. For Possible Action — Approval of Assessor’s Office Change Request — NIA

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-9o; seconded by Commissioner Borasky; 5 yeas. September 18, 2012 9d. For Possible Action — Approval of Personnel Actions

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-90; seconded by Commissioner Borasky; 5 yeas. 9e. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday December 18, 2012 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-9o; seconded by Commissioner Borasky; 5 yeas. 9f. For Possible Action Approval of a GIS Cooperative Agreement between Nye County (County) and the State of Nevada. acting by and through its Department of Transportation (Department) for the purpose of exchanging and sharing of non-proprietary and non-sensitive raster and vector GIS data between Department and the County.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-9o; seconded by Commissioner Borasky; 5 yeas. 9g. For Possible Action Approval to enter into a Memorandum of Agreement (MOA) with Pioneer Territory CASA, Inc. for the purchase of miscellaneous office furniture, supplies and training materials for the use of Recruitment and Training of CASA Volunteers.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-90; seconded by Commissioner Borasky; 5 yeas. 9h. For Possible Action Approval to accept Community Services Block Grant Amendment #1 to provide assistance for Nye County’s very low to low-income population. This grant shall be administered from Fund 10340 Grants. There is no match required.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-9o; seconded by Commissioner Borasky; 5 yeas. 9i. For Possible Action Approval of Amendment No. I to Grantee’s Agreement with State of Nevada, acting by and through its Department of Transportation for additional funding for the SFY 2012 Federal Transit Administration Section 5311 for transportation operating expenses, specifically assistance with fuel costs and transportation wages. The matching funds are in-kind funds from vehicle maintenance and County paid staff.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-9o; seconded by Commissioner Borasky; 5 yeas. September 18, 2012

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-90; seconded by Commissioner Borasky; 5 yeas. 91. For Possible Action Approval to select Burlington Construction & Supply Inc as the lowest most responsible and responsive quote to install metal roofing and I-beam under trusses at the Old Ambulance Barn in Beatty and is not budgeted but can be funded from Fund 10301 Special Projects to increase Project PE 1013.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-go; seconded by Commissioner Borasky; 5 yeas. 9m. For Possible Action Approval of funding for additional training to complete the Lucity program implementation and is not budgeted but can be funded from Fund 10301 Special Projects PE1027.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-90; seconded by Commissioner Borasky; 5 yeas. 9n. For Possible Action Approval to grant permission to the Nevada Department of Transportation (NDOT) and its authorized agents and contractors for entry upon streets and lands owned or controlled by Nye County for the purpose of making intersection safety improvements as described in the attached permission document at no cost to the County.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-9o; seconded by Commissioner Borasky; 5 yeas. 90. For Possible Action Adoption of Nye County Resolution No. 2012-41: a Resolution authorizing the Town of Amargosa Valley to establish a checking account through American First National Bank, Amargosa Valley Branch, for the general fund of the Town of Amargosa Valley.

Commissioner Schinhofen

made a motion to approve consent agenda items 9b-9j and 91-90; seconded by Commissioner Borasky; 5 yeas. 9k. For Possible Action Approval to submit the Nye County Hazard Mitigation Plan to Federal Emergency Management Agency (FEMA) for approval. John Bosta noted the cover page said Nye County Emergency Management Services, but he could not find that title anywhere. He expressed concern with who were designated as the Emergency Management Director and the Emergency Management Supervisor and who would be authorized to sign the required materials. He wondered when the communities participated in the development of this plan as there were no September 18, 2012 9k. For Possible Action Approval to submit the Nye County Hazard Mitigation Plan to Federal Emergency Management Agency (FEMA) for approval.-Cont’d. meetings held in the local communities to provide input. Mr. Bosta asked that the Board postpone adoption of the plan until it was properly edited with correct titles and until the ordinances that developed these positions were looked at since this was a document going to the federal government and he could not find an ordinance that formed the Emergency Services Department. He stated it had been tabled twice with no action taken. Vance Payne, Emergency Services Supervisor, stated this document replaced a 2005 document and attempted to bring forward hazards that had not been properly addressed. The 2005 document was literally written in town and did not address the oil fields in Railroad Valley. Commissioner Wichman noted language was also put in for the renewable energy.

Mr. Payne

said other communities had been involved in the development of the plan and while no document was perfect, this one was better than the other one. He stated the most important thing this document did was to direct where future time and money should be invested.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 9p. 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 Capital Proiects. Pam Webster advised that Mark Hatfield, Information Technology Director, had reviewed this item and felt this was an appropriate way to proceed. Mr. Hatfield had pointed out that the terms of payment for the vendor were 100% in advance of the work.

Mrs. Webster

asked the Board to approve it with a modification of not more than 50% up front and 50% upon completion.

Commissioner Wichman

said it came to her attention through working with the other television district that many of the repeater sites are being replaced with equipment already obsolete. Mrs. Webster advised Mr. Hatfield had looked at that and said the equipment in this bid was all new and was appropriate for what was being done. She said many vendors did not do this anymore because it was old technology, but this equipment was appropriate for what was being done.

Commissioner Eastley

said she had a conversation with Carrie Radomski before the meeting, who was under the impression this item was going to be pulled. Mrs. Webster said she spoke with Mrs. Radomski before she talked with Mr. Hatfield and told her that if the item had to be delayed it would be for the equipment, not the work. September 18, 2012 9p. 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 Capital Proiects.-Cont’d.

Commissioner Schinhofen

made a motion to approve with not more than 50% of the contract up front and 50% on completion; seconded by Commissioner Eastley; 5 yeas. PUBLIC OFFICIALS 10. Assessor This item was removed from the agenda. 11. Board of Commissioners ha. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 11 b. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. hic. For Possible Action Discussion, deliberation, and possible decision on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. lid. For Possible Action Discussion and deliberation to reschedule the Board of County Commissioners’ first meeting in November 2012.

Commissioner Schinhofen

noted staff recommendation was November 9, 2012, and asked the Clerk why the meeting could not be held on Monday. Sam Merlino advised it was the Veterans’ Day holiday. Commissioner Wichman said a meeting would also be needed to canvass the votes.

Commissioner Schinhofen

made a motion to reschedule the first meeting in November, 2012, to November 9, 2012, as recommended by staff; seconded by Commissioner Hollis; 5 yeas. September 18, 2012 lie. For Possible Action Discussion and deliberation to approve, amend and approve, or deny a letter of support for the National Wildlife Refuge Association’s lands bill effort

Commissioner Schinhofen

felt one problem was being traded for another. He said he did not want to support this because it would let one agency run it who wanted to expand it by another 2,000 acres. Darrell Lacy said this agency visited the County and Commissioner Hollis sponsored this. He explained U.S. Fish and Wildlife currently operated the land under a 20-year management agreement with BLM and this was to move the land into Fish and Wildlife’s ownership and make it a permanent change. The land increase was just to square off the borders and pick up a couple areas where they were doing flood control and there were no conflicts seen.

Commissioner Schinhofen

said the map showed one of the boundary shifts actually included private land that would become part of the refuge and that extension was his problem with it.

Commissioner Hollis

said the land around the private lands was already encompassed under the 20-year agreement and when it came up for renewal it would get passed so the land they asked for would never be back to multiple use. He said this would not hurt Nye County. Commissioner Hollis said he had made it clear that the one piece that did encompass a Nye County road would not be part of the agreement and that had been agreed to.

Commissioner Schinhofen

said the refuge would be expanded by this map.

Commissioner Hollis

agreed, but said it was just to square it up. It also included some areas where they wanted to do flood control, which could also be done by Congressional action.

Commissioner Eastley

said if she read it correctly then the National Wildlife Refuge Association was submitting a lands bill to Congress. Mr. Lacy said they had this one along with other bills that included other areas. Commissioner Eastley asked if those areas were in Nye County. Mr. Lacy said they were not.

Commissioner Eastley

asked why BLM or Fish and Wildlife did not introduce a bill on their own. Tom Seley from the BLM advised they could not and that was why the private organization was doing it.

Commissioner Eastley

said she had strong opinions on this, but she would prefer to see the Board take no action on this whatsoever as opposed to taking an action to either support the letter or deny sending the letter. She said if the Board took action to approve, then she would ask the National Wildlife Refuge Association to allow the County to introduce a friendly amendment to their bill to include town site trespass issues and cemeteries. September 18, 2012 lie. For Possible Action Discussion and deliberation to approve, amend and approve, or deny a letter of support for the National Wildlife Refuge Association’s lands bill effort.-Cont’d.

Commissioner Hollis

said that did not come up, but he would be willing to have another meeting and ask them to go along with that. He thought this would be a good way to show the County was just as much in favor of conservation as anybody else, but if

Commissioner Eastley

wanted him to take this back he would be happy to trail this and take it back to them.

Commissioner Eastley

asked if he would go back to the National Wildlife Refuge Association or Fish and Wildlife. Commissioner Hollis noted the Association came to the County, not Fish and Wildlife.

Commissioner Eastley

said she was not condemning either agency, but she did not support this and preferred to not take a position on it at all.

Commissioner Hollis

made a motion to approve.

Commissioner Eastley

noted the wrong bill was in the back up. The bill she intended the Board to reconsider was the original bill, not the amended bill with all of the exclusions. Since she did not want to confuse the public or the supporters of this, she recommended that this item be pulled and brought back on the next agenda with the correct original ordinance. Brian Kunzi advised there was a time problem in that once an ordinance was proposed action had to be taken within 35 days of the close of the public hearing. If this item was pulled now, it would have to be re-noticed and the whole process gone through again. September 18, 2012 hf. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12-Cont’d.

Commissioner Eastley

said she had heard clearly from the Director of Emergency Services and the Animal Control Supervisor that the amended bill with all the exclusions would be significantly more difficult to enforce than the original ordinance. She wanted to bring back the original ordinance to give them a chance to live with it and then bring that back for amendments if needed.

Commissioner Wichman

commented that when she read through this version of the bill she only found two spots where the rural exclusion she had asked for needed to be inserted, sections 6.06.080 and 6.07.070. Other than that, she thought this was the version reviewed last time.

Mr. Kunzi

explained as a point of procedure that the original ordinance was the subject of the public hearing and the public was aware of the changes. When the Board wanted to take action it could always amend the ordinance how it wanted to. If Commissioner Eastley wanted to adopt the ordinance as originally proposed, that action could be taken, so the question of notice to the public was moot. He said the agenda item was designed to be sure that anyone interested in the animal control ordinance would be at the meeting and the action to be taken did not have to be identified under the item to comply with the open meeting law.

Commissioner Schinhofen

said he thought Vance Payne and Tim McCarty said the original ordinance was okay with some amendments. He asked Mr. McCarty which one they referred to. Mr. McCarty clarified the statement was there were currently ordinances in place in Nye County that they worked with everyday, but if there was a failure of the current bill coming before the Board then there were just minor adjustments that were needed in order to comply with the Regional Planning Commission’s Title 17 as well as the Nevada Revised Statutes.

Commissioner Schinhofen

said he had received an email from Mr. McCarty which outlined five or six items that were needed. Mr. McCarty said those would put Nye County in compliance with other County departments and the State. Commissioner Schinhofen said that was what he thought was going to be done. Mr. McCarty thought so too.

Commissioner Wichman

asked Mr. McCarty if this was the version he referred to. Mr. McCarty said he was referring to the conversation he had with the Director that if the current Title 6 failed, there were some items that must be changed or added to be in compliance with other agencies in Nye County as well as in compliance with the State and the Nevada Revised Statutes. He did not believe the version presented today was the current code and was not sure where it came from.

Commissioner Borasky

said he did not know if he could make a decision today without a clean version in front of him. September 18, 2012 hf. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12-Cont’d.

Commissioner Eastley

asked Lorina Dellinger if the version of the ordinance in the backup was the original version with the recommended changes from the Animal Advisory Committee. Mrs. Dellinger stated this version came from the Animal Advisory Committee and included the revisions made by them at their July 26, 2012, meeting. She said the original bill was proposed on June 19, 2012, and revisions were made at the Committee’s July 26, 2012, meeting.

Commissioner Eastley

said that was what she thought and that this version included suggestions made at that meeting. Scott Shoemaker said it did, and included the farm and ranch exemptions in the rural areas. Judy Hughes was concerned the cats she had welcomed onto her property, which she fed and had spayed, would be illegal if this ordinance was adopted since she now lived in Pahrump instead of Beatty or Tonopah. She asked that the Board not limit the number of cats to five.

Commissioner Eastley

understood the need for the requirements included in the ordinance and asked Mr. McCarty if feral cats like the ones on Mrs. Hughes’ property that were spayed and neutered would be the kinds of things he believed would be targeted through the enforcement of an ordinance like this. Mr. McCarty asked

Commissioner Eastley

if by enforcement she meant the requirement to have a permit to have those animals.

Commissioner Eastley

asked Mr. McCarty if someone would have to report the situation to him. Mr. McCarty said that was correct. Commissioner Eastley asked if he would then go to the property and do an investigation. Mr. McCarty said he would.

Commissioner Eastley

asked Mr. McCarty if this ordinance was adopted today if one of the items on his to do list was not going to be to go and inspect Mrs. Hughes’ property and count the number of cats. Mr. McCarty said that was correct. He said their primary duty was to respond to calls from the community, but if they were all being well cared for, and if she lived within the Regional Planning District, she would just be required to have a permit like many other people.

Commissioner Eastley

said in all fairness the permit was still required whether this ordinance was adopted or not, but for all intents and purposes it was a voluntary situation because Mr. McCarty would not go door to door and count the number of animals on a person’s property. This was complaint driven. Mr. McCarty said that was correct and noted that his department had great relationships with all of the animal organizations throughout the County. September 18, 2012 hf. For Possible Action Discussion and deliberation to adopt, amend and adopt, or relect Nye County Bill No. 2012-12-Cont’d.

Commissioner Wichman

said she received a letter from Jackie Casano, which she responded to. In her response she explained that her offending humor the last two times this item was discussed was not inspired by the notion of putting an animal down, but by the notion by some that it would be considered reasonable to dispatch animal control officers 50, 80 or 100 miles to consistently take care of problem animals when in most cases by the time the officers arrived the damage was done or the animals were absent. Commissioner Wichman said living rural required self-reliance, including protecting one’s self, family, livestock and property. She observed there was no 911 for those living miles from populated areas. She said to assume the problem animal in a rural setting was the responsibility of the taxpayers was equal to thinking one could effectively reside 50, 80 or 100 miles from a town and belong to the town’s emergency response services consistently arriving too late to be of any use at all.

Commissioner Wichman

said her duty to Mrs. Casano and to Nye County required her to do her best to uphold the laws. That duty then required her to analyze any proposed regulation from every angle possible. She said she and her colleagues agreed on the intent of this undertaking to establish animal control ordinances for the County, however, when the current participants were out of the picture she wondered if the intent would be apparent to future boards and law enforcement officials. Unfortunately there were always a few willing to use the letter of the law to over-regulate and

Commissioner Wichman

felt there would be someone in the future who would abuse or misinterpret the spirit in which this ordinance was created. John Bosta said one of the major problems was the Regional Planning District for the Town of Pahrump and the animal control which had existed in that district. It seemed like the Pahrump people dropped their animal control and wanted to expand this out into Title 6, which was for the entire County. He felt the problems of the Town of Pahrump were being placed as a burden on the rest of the County. He noted there were building permits required in Pahrump, but not in any other part of the County, and there were two sets of ordinances, one for Pahrump and one for the rest of the County. He said everyone was questioning when the controls in Pahrump were going to be expanded to the rest of the County, but this control was not needed. People were living their lives and now there was a new ordinance through Title 6 that would interfere with the lives of the citizens in the areas outside of Pahrump. Mr. Bosta did not see why the problems of Pahrump were being imposed on the rest of the County.

Commissioner Hollis

asked Mr. Bosta if he was saying that there should not be building permits in Amargosa Valley. Mr. Bosta said no. What he was saying was that there were two sets of ordinances.

Commissioner Hollis

understood that. He said Pahrump had building permits and asked Mr. Bosta if he was telling him that everybody in Amargosa Valley built to code. September 18, 2012 hf. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-12-Cont’d.

Commissioner Wichman

cautioned that was not the agenda item.

Commissioner Hollis

said the argument was everyone had animals in the County and just because an area did not have building permits did not mean someone did not have to build correctly.

Commissioner Eastley

clarified for Mr. Bosta that this was not the fault of Pahrump and he should not blame them for this. She reminded everyone that several years ago a previous Board of Commissioners, of which she and Commissioner Hollis were a part, instructed the Animal Advisory Committee to rewrite Chapter 6. There had always been an animal control ordinance. The only thing the advisory committee was tasked with was to use the Nevada Revised Statutes to update the ordinance with changes in the State law and remove or amend out some portions of the ordinance that were obsolete.

Mr. Bosta

said the point he was trying to make was that in the County there were rules for this area and there were rules for the rest of the County and he was saying to leave it alone.

Commissioner Wichman

added that there were also areas outside of Pahrump that truly wanted some sort of animal control ordinance to allow enforcement where it was needed, including areas as far north as Carvers and Hadley. The past ordinances could not be effectively enforced anyway.

Commissioner Eastley

said she understood the amendments in the backup copy of the ordinance and did not agree with them. She said adopting the ordinance in this form would provide exactly what Mr. Bosta complained about, like not having the licensing requirements in established communities.

Commissioner Wichman

asked if the part regarding animals running at large was a subparagraph of the commercial kennel permits section or if it stood alone. Scott Shoemaker told her it was separate from the commercial kennels.

Commissioner Wichman

noted that was one of the two spots where the rural exclusion was not put in. Mr. Shoemaker said he had emailed her about animals running at large because she had animals working with cattle. If the cattle were not astray then the dogs would not be astray.

Commissioner Wichman

did not feel it was specific as the dogs ran across hundreds of acres too, on both private and public land. Mr. Shoemaker said unless someone reported a stray dog it would not be an issue.

Commissioner Wichman

understood from Mr. McCarty that it was complaint driven, but was afraid it was not guaranteed to stay that way. September 18, 2012 hf. For Possible Action Discussion and deliberation to adopt, amend and adopt, or retect Nye County Bill No. 2012-12-Cont’d.

Commissioner Eastley

made a motion to adopt with an effective date of October 8, 2012.

Commissioner Wichman

stepped down as Chair of the Board and seconded the motion. She then resumed as Chair.

Commissioner Schinhofen

said he realized that in the Pahrump Regional Planning District there were limits on animals and he disagreed with that. He felt there should be a waiver in the ordinance for those people who had more. He said he would not support it at this time.

Mr. Shoemaker

said they could come back and amend it and work with the Planning Department.

Commissioner Schinhofen

stated that if it was adopted and did not get amended then he had supported something that he did not agree with.

Commissioner Borasky

asked if they were adopting what was in the backup right now.

Commissioner Eastley

told Mr. Shoemaker that a yeoman’s job had been done on this bill. It took a long time and she was absolutely mortified that once again it got to the level of the County Commission and they could not get business done. She hoped the animal control people would continue to work with the Animal Advisory Committee to identify areas where this bill could be amended to improve the final product.

Commissioner Schinhofen

also expressed his appreciation to Mr. Shoemaker and the Animal Advisory Committee. jig. For Possible Action Discussion and deliberation concerning a resolution to dissolve the Smoky Valley Television District.

Commissioner Wichman

stated she attended the Smoky Valley TV Board meeting last week. They have a new clerk/secretary/assistant and she was up to date and getting the education she needs. They had also made some great strides in moving some equipment into place that will provide for better service of that district. Commissioner Wichman said she would like to work with them further as this just might be a very good board the way it is now. She reminded the Commissioners, however, that it was still not September 18, 2012 11g. For Possible Action Discussion and deliberation concerning a resolution to dissolve the Smoky Valley Television District.-Cont’d. a full board and there would have to be some appointments made at the first of the year.

Commissioner Eastley

said it was a good idea to work with IT and asked Commissioner Wichman to reach out to the Beatty Town Advisory Board to work on the same type of agreement where the upkeep and maintenance of those systems could become part of the IT function.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley.

Commissioner Borasky

noted that it did not do the taxpayers any good for the County and Town of Pahrump to sue each other. Mr. Kunzi stated the County did not file the lawsuit. Commissioner Borasky said the Town had to use taxpayers’ dollars to do what they did and the County would have to use taxpayers’ dollars to do what it would do.

Commissioner Borasky

said he asked the County Manager to bring this forward because he wanted to be sure that someone was in place when the time came.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Hollis; 5 yeas. September 18, 2012 20c. For Possible Action Discussion and direction to staff regarding the engineering report on the Belmont Church site in Manhattan. NV completed by Charles Abbott Associates, Inc.

Commissioner Wichman

said she did not want to excavate the mountainside or build a new church and proposed patching the roof to stop any further deterioration.

Commissioner Hollis

made a motion to repair the roof; seconded by Commissioner Schinhofen. Pam Webster said she was concerned that this building was splitting in half and separating. She was not sure that a roof, without substantial reinforcement, was going to be enough to make it safe.

Commissioner Schin

hofen withdrew his second.

Commissioner Hollis

amended his motion to repair the roof, take care of the separation of the building, and direct staff to go out to bid.

Commissioner Eastley

asked why the County did not just find someone to give a plan for how to save the building. She understood Commissioner Wichman did not want to excavate the mountainside, but that was the problem. She said a comprehensive plan to save the church was needed, even if that meant breaking it up into bite-sized pieces and doing parts of it each fiscal year to save the structure since it is the oldest building in Nye County.

Mrs. Webster

said she was also concerned with the opinion of Charles Abbott that it was not safe for people to enter and use.

Commissioner Wichman

said she appreciated the time Mr. Abbott took to go out there and document everything, but with all due respect the historic location of the building had been on that hillside. She did not want to go so far as having to build a paved parking lot and a paved road up to it with a wheelchair ramp. She liked Commissioner Hollis’s motion with Commissioner Eastley’s friendly amendment to it.

Mrs. Webster

felt it should be fenced until the repairs could be made. Commissioner Wichman said there was a chain on the front door and a padlock could be placed on it, although with no children in the town and the season just about over for visitors the risk was not high.

Commissioner Schinhofen

asked if the County would be covered legally if a “Do Not Enter” sign was put up. Brian Kunzi advised that should be done. Mr. Kunzi said there were ruins all over the County and if someone went into a 150 year old building they knew they would assume some risk, but a sign would be proper. September 18, 2012 20c. For Possible Action Discussion and direction to staff regarding the engineering report on the Belmont Church site in Manhattan, NV completed by Charles Abbott Associates, Inc.-Cont’d. There was discussion of what the motion actually was. Commissioner Eastley summarized that the Board wanted to get someone to look at the structure and give some idea of the kind of money that would need to be committed to preserve it.

Commissioner Hollis

said he did not think a motion was needed, just direction to staff to go out and get some bids on repairing the roof and bolting up or keeping the building from splitting apart. 20d. For Possible Action Discussion and deliberation concerning a request to approve a letter of commitment as part of the grant application to the Department of Commerce Economic Development Administration through the Nevada Department of Business & Industry.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley.

Commissioner Eastley

wanted to make sure that the contacts with GOED, who the County currently had a relationship with, were aware of this project. Pam Webster said this project was in place in Las Vegas and this was an expansion of the project into the rurals. She did not specifically run it by the GOED folks. Commissioner Eastley reiterated she wanted them aware of it.

Commissioner Eastley

asked Pam Webster and Mrs. Paprocki if they were satisfied with the progress. Mrs. Webster said they were a little behind on the action for fixed assets, but the departmental summaries had been sent out to the departments to verify their fixed assets. September 18, 2012 23a. Aencv Status Report-Cont’d.

Commissioner Eastley

asked if that was part of GASB. Mrs. Webster said it was part of the requirements to take care of reviews of fixed assets and the first step prior to doing a formal physical inventory. Mrs. Paprocki said they hoped to have a formal physical inventory with tags started by the end of the year. 23b. For Possible action Discussion and deliberation regarding Request For Qualifications #2012-24 County Surveyor Services. The amount of the contract is unknown until we have entered into negotiations with the successful respondent to the Request for Qualifications.

Commissioner Schinhofen

asked if this was just basically to direct to produce a contract. Pam Webster said the recommendation was for award of the bid and then staff would go forward and do a contract. An RFQ was issued and the results were in the backup.

Commissioner Eastley

asked if the current County surveyor bid. Mrs. Webster said he did.

Commissioner Borasky

asked where Atkins North America was. Commissioner Eastley told him Reno. Mrs. Webster said the County had worked with them in the past, and the only bid from Nye County was the current surveyor.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Eastley

noted that it was interesting that when something was put out to bid a Nye County person did not get the contract. Mrs. Webster stated the County had worked with Atkins successfully in the past.

Commissioner Borasky

advised the RPC requested the Board of County Commissioners consider doing what Clark County did concerning exotic animals and treat them as a licensing issue rather than a land use issue. He would get a copy of what Clark County did and put something on the agenda for the next Pahrump meeting.

Commissioner Hollis

asked Pam Webster if the code enforcement on Irene was done.

Mrs. Webster

said she was not sure, but thought the abatement was ordered and in process. Commissioner Hollis said there was still a whole bunch of vehicles and stuff there. Mrs. Webster would try to get him the information. September 18, 2012 8. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Reopened.-Cont’d. Sam Merlino advised the nuisance on Medicine Man would be heard on October 16, 2012. Commissioner Hollis asked for the address. Mrs. Merlino thought it was 4080, but would have to check.

Commissioner Hollis

said the avenue for a car fire was still there, and the Nevada Revised Statutes said only two unregistered vehicles were allowed. Mrs. Webster advised that George Bernath said the abatement was complete and the owner was allowed to keep the cars classified as collectible classic cars.

Commissioner Hollis

commented the cars were still there to burn again. Mrs. Webster said she understood, but apparently those were permissible.

Commissioner Hollis

asked if the one on McMurray would be next. Mrs. Webster said it would be. She would get a quote and bring it back. Commissioner Hollis asked if a warrant was needed. Brian Kunzi was not sure if the same issues existed, but he would check on it.

Mrs. Webster

stated they were looking at three Treasurer’s trust properties that had fires on them that would be brought forward for consideration.

Mrs. Merlino

confirmed the Medicine Man address was 4080.

Commissioner Eastley

asked Mr. Kunzi in terms of the formal finding by this Board of a public nuisance on a Treasurer’s trust property if there was any difference in the fact that it was in trust as opposed to being occupied by someone who was currently paying the taxes. Mr. Kunzi said there was no difference. It was not County-owned property, just property held in trust for the property owner.

Commissioner Eastley

asked if the cost of cleanup would be applied as a lien on the property if the Board determined to do that. Mr. Kunzi said that was correct.

Commissioner Hollis

said he thought the McMurray property had brought their taxes up to date. Mr. Kunzi believed that was true, be stated that would not stop the nuisance action. 24. Health & Human Services This item was removed from the agenda. 25. HIR and Risk Management This item was removed from the agenda. September 18, 2012 26. Information Technology This item was removed from the agenda. 27. Nuclear Waste Repository Prolect Office This item was removed from the agenda. 28. Planning!Buildinci!Code Compliance 28a. For Possible Action Discussion and deliberation concerning the County landfill fees for disposal of debris associated with cleanup of a property located at 2471 W. Larsen Dr. in Pahrump. 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 BoardslTown Advisory Boards This item was removed from the agenda. 33. Public Petitioners This item was removed from the agenda. 34. GENERAL PUBLIC COMMENT (second) There was none. September 18, 2012 35. ANNOUNCEMENTS (second)

Commissioner Schinhofen

said on Monday, September 24, 2012, at 6:00 p.m., Hafen Utilities would be at the Artesia Clubhouse for a question and answer session about the utilities. 36. ADJOURN