October 16, 2012

Commissioner Eastley

read a statement from the Beatty Town Clerk regarding their town square and funding they received to complete that. She congratulated the Town Board and said she admired them for their perseverance and sense of vision.

Commissioner Schinhofen

said on November 24, 2012, there would be a Friends of the Library meeting at the Pahrump library and local authors would be selling books. Sam Merlino announced today was the close of in-office registration and her office would be open until 7:00 p.m. The mail-in voter registration closed on October 6, 2012. She said the sample ballots had gone out and asked people to call the office if they did not receive theirs. Mrs. Merlino advised early voting started Saturday and that Saturdays and Sundays were the best days to early vote. She asked everyone to show up to vote. October 16, 2012 Pam Webster informed the Board that Mark Hatfield had resigned as IT director. He would stay through the first of the year and the recruitment process for his replacement had begun.

Mrs. Webster

reminded everyone the first meeting in November was the t9 h not the and the entire full meeting would be held that day. The meeting date was moved to accommodate Election Day on the t6 h

Commissioner Eastley

made a motion to approve unless there were changes to the Memorandum of Understanding or if Levi Kryder had information he needed to present; seconded by Commissioner Schinhofen.

Mr. Kryder

said there were no additional changes or information to present at this time.

Commissioner Eastley

asked Darrell Lacy to let Steve Bradhurst know so CNRWA was aware of the location of another monitoring well to be included in the comprehensive plan for the hydrographic.

Commissioner Eastley

asked if Richland Estates was in one of the notorious areas with unstable soil. Mr. Fanning said it was. He also corrected Mr. Erbee in that he had never given any verbal direction that the roads were not built properly.

Commissioner Eastley

said that might have been her fault as she was under the impression they were not accepted into the County inventory because they were not built to County standards. Mr. Fanning said that was correct, but they were never offered by the builder either. An agreement to develop them was never entered into with the County, so there was nothing to go forward with to approve as a County maintained road.

Commissioner Wichman

asked if the ownership still sat with the contractor. Mr. Fanning said since there was no agreement he would assume it fell with the homeowners and the contractor.

Commissioner Hollis

asked if there was a subdivision map. Mr. Fanning said there were subdivision maps, but there was no agreement between that developer and the County.

Commissioner Eastley

asked if there was anything in the Code that required them to enter into an agreement with Nye County. Mr. Fanning said there could be, but it was never done.

Commissioner Hollis

asked Steve Osborne from Planning if they entered into a subdivision. Mr. Osborne said he did not know the background but would be glad to research it. He said normally a subdivision improvement agreement was done and since this was built in 2005 he was not sure why there would not have been one.

Commissioner Hollis

asked if the roads were outlined on a subdivision map. Mr. Osborne said they were. - Page5 October16, 2012 33b. For Possible Action Discussion and deliberation on what needs to be done to bring the roads in Richiand Estates up to standards in order for the County to consider acceøtina the roads.-Cont’d.

Commissioner Hollis

asked why the County would not have required them to enter into an agreement on the roads if they did a subdivision map and the roads were on the map. Mr. Osborne said he did not know but would be happy to research it.

Mr. Fanning

noted the maps went back to 1965 and beyond. The County used to accept them and those were the corrections they were trying to make right today.

Commissioner Hollis

felt the County needed to find a solution to make this right for the residents. Brian Kunzi said there was a subdivision map recorded for this property and there was an offer of dedication of the roads as a public right-of-way that appeared to have been accepted. He explained when a subdivision map with roads on it was accepted those roads came under the control of the County, but it did not mean the County had an obligation to maintain them. Accepting a map with a dedication of a public right-of-way simply meant the public had the right to use those roads. Easements could be put in, but it did not obligate the County to maintain them.

Mr. Kunzi

further advised that research showed the roads in Richiand Estates had been designated as minor County roads, which meant the County had no obligation to maintain them. He said this could be reversed at any time by the Commissioners, but then the legal responsibility of maintaining the roads and bringing them up to Code would be assumed. He said the condition of the roads compared to the County’s standards needed to be determined and then the Commission could be educated on what would need to happen in order for those roads to be brought up to Code to avoid the assumption of liability for sub-standard roads.

Commissioner Hollis

said he understood, but this had been going on for years and was still not straightened out. He said this was in his district and something needed to be done to make this right. He would stand with the citizens of Richland Estates.

Commissioner Schinhofen

thought staff needed to be directed to bring something forward to show the cost so something could be done, which he believed Mr. Fanning was doing.

Commissioner Eastley

was also supportive of the residents of Richland Estates, but noted there were laws on the books under which the Commissioners made decisions and the reason they were there was to protect the taxpayers and the revenues they paid to Nye County. She said this was not a simple maintenance issue. She would like nothing more than to have the money to fix this, but was not sure anything could be October 16, 2012 33b. For Possible Action Discussion and deliberation on what needs to be done to bring the roads in Richiand Estates up to standards in order for the County to consider accepting the roads.-Cont’d. done short of tearing up the roads, hauling in the materials necessary, doing the compaction necessary, and then rebuilding them.

Mr. Kunzi

said this was the first time he had heard of a subdivision agreement and his office would look and see if there was one. If something was in breach under that agreement maybe the County could do something.

Mr. Fanning

stated the original builder had done a soils report on the ground and that report dictated what paths and conditions the roads would be built to. It did not come from him. He said he was working on a cost report to bring back to the Board.

Commissioner Hollis

asked who did the soils report. Mr. Fanning said it was Nevada Geotech.

Mr. Erbee

felt if a subdivision like this which was intended to be the future of Pahrump was left to deteriorate it would discourage future interest in the Town of Pahrump.

Commissioner Eastley

asked Commissioner Hollis if he would follow up on this and with

Mr. Erbee

. Commissioner Hollis said he would.

Commissioner Hollis

was not present. 9. Consent Agenda Items These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the aaenda should issues arise that need to be addressed.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9a. For Possible Action Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. October 16, 2012 9c. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9d. For Possible Action — Approval of Personnel Actions

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9e. For Possible Action Approval of Chanae Order No. 6 to the existing contract with George Benesch, Attorney at Law, to provide legal services regarding water matters for the County and is budaeted in Fund 10101 General.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9f. For Possible Action Approval to pay two (2) Medical Indigent inpatient hospital bills each in excess of $12500.00 and is budgeted from Fund 10283 Indigent.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9g. For Possible Action Approval to select PAPE Machinery as the lowest most responsible and responsive quote for a Kubota Vi 505 engine and is budgeted from Fund 10205 Road.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9h. For Possible Action Approval of Change Order No. 1 to the contract with Wulfenstein Construction. Inc. on the SR 160 and Dandelion road improvement project to reflect the actual bid schedule quantities needed and results in a reduction of $61 .750.32 in the final contract amount.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9i. For Possible Action Approval to select In-Situ, Inc.. a participating vendor in the GSA Schedules program, to purchase three Level Troll pressure transducers and associated cabling, necessary for support of upcoming drilling and pump testing activities and can be funded from Fund 10340 Grants.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. October 16, 2012 9j. For Possible Action Approval to accent the State of Nevada. Office of Criminal Justice Assistance Grant. There is no match required. This grant will provide for two livescan fingerprint machines. two ørinters, two monitors! installation and training on the machines. This grant shall be administered from Fund 10340 Grants.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9k. For Possible Action Approval to donate an out of date Live Scan Fingerprint Machine TP31 OOED (model 062-2605-000851 2R). Printer Lexmark T640, desktop computer, monitor and printer to the Nye County School District. Comm issioner Eastley made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9m. For Possible Action Aroval to purchase a 2012 Dodae 5500 4x2 cablchassis 16.71 diesel/6speed automatic from Carson Dodae utilizing the State of Nevada Purchasing contract, which would then be coupled with existing modular box from current transport vehicle and is not budgeted but can be funded from Fund 10401 Capital.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9n. For Possible Action Approval to select Fashion Floors and Windows as they have the only viable quote to take up existing vinyl, prep floors to receive new flooring_and_install floor with cove base at Nve County detention kitchen in Tonopah which is not budgeted but can be funded from Fund 10401 Capital.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. October 16, 2012 9o. For Possible Action Aroval to accept the Public Agency Compensation Trust (PACT) Stryker EMS Eguiment Grant for five (5) Strvker Power LOAD cot fastening systems and two (2) Stryker Power-PRO ambulance cots, including installation. This grant will be administered from Fund 10340 Grants and has a match which is budgeted from Fund 10282 Ambulance and Health.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9p. For Possible Action Approval of the closure of State Highway 318 on May 19. 2013 and on September 15, 2013 for the road events held by Silver State Classic Challenge.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9g. For Possible Action Aoroval to select Xybix. a participating vendor in the GSA Schedules ropram, for new dispatch workstations for the Pahrump Dispatch Center and is not budgeted but can be funded from Fund 10401 Capital Proiects.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9r. For Possible Action Approval of a Memorandum of Understanding with Tonopah Historic Mining Park Foundation for storage and access to the TAAF Hangar located at the Tonopah Airport

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 9s. For Possible Action Adoption of Nve County Resolution No. 201 2-42: a Resolution accepting previously rejected offers of dedication for county road rights-of-way and retaining their designation as minor county roads.

Commissioner Eastley

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 4 yeas. 26. Information Technology 26a. Report on status of communications system

Commissioner Hollis

was present. October 16, 2012 26a. Report on status of communications system-Cont’d. Mark Hatfield, Director of IT, updated the Board on the Nye County radio system. He began by explaining narrowbanding was an effort to ensure more efficient use of the VHF and UHV spectrum. Narrowbanded channels allowed more channels, which was the future. He said $80,000.00 worth of equipment was needed and every radio would have to be reprogrammed to meet the January 1, 2013, deadline set by the FCC.

Mr. Hatfield

advised the new radio system was the trunked radio system turned on last year. In 2005 Nye County entered into a $3.6 million contract with Motorola to purchase the system. In 2007 a $327,000.00 change order added the Smoky Valley site to the system. In 2006 a $2 million contract was entered into with Harris Microwave System to purchase the microwave system which connected the mountaintops together.

Commissioner Eastley

asked how much of the equipment was now outdated. Mr. Hatfield advised all of the equipment was end of life.

Commissioner Wichman

asked if both the Harris and Motorola systems were no longer supported and obsolete. Mr. Hatfield said they were end of life, meaning if the County wanted to put the exact same system in Gabbs today it could not be done because the equipment was manufacturer discontinued end of life.

Mr. Hatfield

stated the vision of the trunked system would be County-wide coverage and anyone in the footprint of that system should be able to talk to anyone else in the footprint of the system. The system was installed in Pahrump, Beatty, Smoky Valley, Tonopah, Amargosa, and Warm Springs and a deputy in the footprint should be able to talk to another deputy, but that did not happen.

Mr. Hatfield

advised the system in Pahrump did not work well at all due to harmful interference and some background noise. The radios operated on the VHF radio frequency, so portable radios had very poor coverage in Pahrump and there was no in- building coverage at all. In February the County was loaned 48 800 MHz radios to see if the coverage would be better and it was. The Southern Nevada Area Communications Council (SNACC) now said the County either had to pay for the radios it had been using on the system or turn them off. Mr. Hatfield noted that Motorola had said the system would never work in Pahrump the way the County thought it would.

Commissioner Eastley

asked why Motorola did not inform the County of this when the County purchased the product with the understanding it would be uniquely suited to the County’s communications needs. Mr. Hatfield said they did advise the VHF radios would be problematic in Pahrump and that it was not a good choice. He said the certificate of completion from Motorola stated that it was concluded and communicated to Nye County that the VHF trunked system would cause interference that could have an impact on the operational functionality of the system and they recommended against installing the VHF system. On August 21, 2007, Nye County signed off that they had been notified and advised that this would be problematic and went with it anyway. October 16, 2012 26a. ReDort on status of communications system-Cont’d.

Commissioner Borasky

said Mr. Hatfield kept saying Nye County, but he wanted to know who in Nye County. Mr. Hatfield said the document was signed by Lieutenant Jack Hennigan and Sheriff Tony DeMeo.

Sheriff DeMeo

advised he just did a radio check through the County and got every officer so for Mr. Hatfield to say that he could not get a hold of anyone on the trunked system right now was incorrect.

Mr. Hatfield

noted the trunked system in Tonopah was physically turned off and powered down. Sheriff DeMeo responded if that was the case all someone would get was a tone. He said there was no tone and he could have Tonopah dispatch play back the tape. Jack Hennigan clarified that some difficulties were encountered in some buildings. While they were working with SNACC at the time to put in an 800 MHz repeater on the west tower, he was approached by Motorola who said they had some 800 MHz radios they could loan to the County to see how they worked. Mr. Hennigan said he asked if there was a time limit and was told there was no limit because the radios were not being used. He said this was the first time he heard of a time limit.

Mr. Hatfield

stated the problems in Pahrump were identified early on with the VHF radio system and the 800 MHz radios had been used since February. SNACC contacted him and told him to either pay for them or turn them off. He explained that “paying for them” meant a $1,460.00 affiliation fee to join the radio to the system and then a fee of $185.00 per year per radio payable to SNACC to use them on their system. He said it would cost about $80,000.00 a year to use these radios.

Commissioner Eastley

asked if Mr. Hennigan got the radios from Motorola. Mr. Hennigan said he did. Commissioner Eastley then asked why some type of a memorandum of agreement or understanding or invoice had not been received for the Board to vote on to accept the financial obligation. She also did not understand where Motorola fell into the SNACC situation because Motorola was a vendor. Mr. Hennigan said Motorola was a very strong player with SNACC and basically SNACC put in the 800 MHz repeater, brought the radios out and said to give it a try. He said there was no talk of finances, just how long the County had to use the radios.

Commissioner Eastley

asked if they were now presenting the County with a bill. Mr. Hatfield said he had one and the fee to use the VHF system was $60.00 per radio for the year. They also wanted to bill for the 48 800 MHz radios the County had used on their system since February without paying the user fees as they did not think it was fair that the County had not paid the fees that everyone else paid.

Commissioner Eastley

asked where the contract was. Mr. Hatfield explained a five year agreement was executed in 2006, which expired. October 16, 2012 26a. Report on status of communications system-Cont’d.

Commissioner Eastley

asked if the use of the 48 radios was included in the contract that was signed in 2007. Mr. Hatfield said it was not. He explained Las Vegas loaned them to the County to see if they were any better and based on that test the decision would be made to move forward or not.

Mr. Hennigan

thought the radios came from Motorola and had no idea they belonged to Las Vegas. Brian Kunzi asked if the invoice was for future use or past use. Mr. Hatfield said it was for FY2O1 3 and they billed on a fiscal year so it was for their fiscal year starting July this year. He noted that the County did not have to pay for them. They could be turned off and not used.

Mr. Hennigan

explained one problem occurred when the town tower was blown over and the repeater on that tower went down. The repeater was moved to the television station and monthly rent was paid. Once the west tower was built on the west side, the repeater was moved over there to eliminate the rent payment, but that resulted in very poor coverage inside the buildings down Highway 160 because of the construction of the buildings. He said when this original package was approved that tower was standing, there was a repeater on the east side, and there were no difficulties.

Sheriff DeMeo

said it was simulcast, meaning two towers received the signal, so there was coverage, but there was also interference. Like Mr. Hatfield identified, there was a lot of noise from the electrical transmission lines, but that problem did not exist with the original tower. Sheriff DeMeo said he remembered the radios coming in and also assumed that Motorola owned them.

Mr. Hatfield

restated the VHF did not work well in Pahrump and Nye County was told this would be problematic, but the County went forward anyway. He said a decision needed to be made if the County wanted to keep them, understanding that they did not work anywhere else in the County.

Commissioner Wichman

asked if they could be made to work. Mr. Hatfield said an 800 MHz system would need to be installed. He said the first part would be to pay the $80,000.00 to activate them, and the second part would be the purchase of the radios, bringing the total to $280,000.00. He was not sure if Las Vegas would give the radios to the County as surplus equipment or if they could be obtained at auction.

Mr. Hatfield

said the trunked radio system had never been turned on in Amargosa. Nye County was responsible for obtaining and licensing the radio frequencies for the system, but the frequencies in Amargosa were in direct conflict with the Pahrump frequencies and shut down the Pahrump system. He said it would take about six months and $10,000.00 to fix that problem. October 16, 2012 26a. ReDort on status of communications svstem-Cont’d.

Commissioner Eastley

asked how the frequencies were selected. Mr. Hatfield explained the process was to first apply to the FCC. Frequency coordination would then occur where interference was looked for and then frequencies were assigned.

Commissioner Eastley

asked if the FCC would have selected the frequencies if the County used the frequency coordination process. Mr. Hatfield said they did, but it was on the County to make sure they worked and since the same frequencies that were in Pahrump were assigned to Amargosa it was never going to work. He said new frequencies were needed and the electronics rebuilt, which could require shipment back to the manufacturer, which was why it was estimated at $10,000.00. In Beatty, Mr. Hatfield explained the problem was the microwave link, not so much the radio system, and that it was the most unreliable link in the whole system as it went down on a regular basis. He said when it went down Beatty dispatch was cut off from the system. The firmware and software on that equipment had been updated, but that did not seem to fix the problem and the microwave link may have to be replaced. Motorola told him it would be in the area of $80,000.00 to replace it and it cost $96,000.00 to lease the site the tower sat on.

Sheriff DeMeo

stated the antenna at the Beatty site was installed by Harris when they did not know how the microwave system would be a backbone for Nye County. He thought possibly some frequency reprogramming was needed. He explained the reason they went VHF was because to go to 800 MHz required more repeaters than the VHF system and the conversion to VHF cost well over $10 million in 2003/2004. The County did not want to do that. Sheriff DeMeo said the 800 MHz service would be hit and miss in the County because of the topography.

Mr. Hatfield

explained that in Tonopah the trunked radio system was located on Mount Brock and it was part of the County’s responsibility to pick adequate antenna structures so Motorola and Harris could mount their equipment. The antenna was originally mounted on a telephone pole which fell over. The antenna was moved to a second telephone pole and fell off of that. Motorola would come back and remount the antenna, but the County had to provide an adequate antenna structure, which would cost approximately $20,000.00. He said the trunked system in Tonopah was not turned on and was physically powered off.

Mr. Hatfield

stated the County paid the State about $1,000.00 a month to lease the space, but there was also a radio frequency problem in Tonopah just like in Amargosa Valley. When Nye County got the radio frequencies they conflicted with other frequencies on the mountain. New frequencies would be needed along with frequency coordination and the equipment rebuilt. It would take about six months and $10,000 to do that. October 16, 2012 26a. Report on status of communications system-Cont’d.

Mr. Hatfield

said the Montezuma site between Goldfield and Tonopah was also a questionable area with poor coverage. Apparently that was not the original site recommended by Motorola. It would cost about $50,000.00 to move the site per Motorola if a better location could be found. It currently cost $1,000.00 a month to stay on the site.

Commissioner Eastley

asked if there were agreements and if they were renewable yearly as she did not recall approving them yearly. Mr. Hatfield explained the rates were set in the Nevada Revised Statutes and the County was just billed for the new fiscal year.

Mr. Hatfield

noted the County rented space in six different locations. Commissioner Eastley did not remember seeing any of those lease agreements and asked Pam Webster to get them for her.

Mr. Hatfield

said the Smoky Valley site was located at the Hadley Substation and the coverage was poor once away from Hadley and inside buildings. He explained it should be at a higher location to provide better coverage and Shoshone was a possible location, which was a conventional site. He said Motorola would be happy to move it, but Nye County would be responsible for site selection and it would cost $50,000.00 to move it.

Mr. Hatfield

explained the conventional radio system was the old system which consisted of base stations and repeaters located in buildings or on mountaintops throughout the County, but a deputy in Pahrump could not talk to a deputy in Tonopah. Conventional systems provided coverage only in their own general area. New antennas and antenna lines were needed on the various sites where the conventional radio systems were found. Alternators also needed to be hooked up.

Mr. Hatfield

said Johnnie was a BLM site and a conventional repeater site. The lease expired in January, 2012, and the site needed to be moved into the new facility constructed there by BLM. The State would allow the County to move in to their facility, but it was forecast that the lease payments would be $1,000.00 a month along with the cost of moving the repeater.

Commissioner Hollis

asked if anybody else’s equipment was on the County’s sites. Mr. Hatfield said he was aware of two other vendors that had equipment on the sites, one of which was Utilities Inc. It was explained to him that they were given a ten year lease and in exchange they put a chain link fence on the site.

Commissioner Eastley

noted that no one could enter into any kind of a contractual agreement with anyone except the Board of Commissioners. October 16, 2012 26a. Report on status of communications system-Cont’d.

Mr. Hatfield

said Air Internet, a local internet service provider in Pahrump, also had equipment on a site. They were doing tower maintenance and changing light bulbs in exchange for the use.

Mr. Hatfield

advised the cost to repair the Johnnie site would be about $24,000.00.

Mr. Hatfield

explained the Gabbs site on Pilot Peak needed a new tower, antenna and antenna line, the cost of which was unknown but estimated to be in the $50,000.00 range. It was currently solar powered, but there was a mountain range in the way so there was no microwave link and no connectivity to put one out there. In summary, Mr. Hatfield advised the conventional radio system would need about $40,000.00 in new equipment and $60,000.00 in repairs to bring it back to full operation. As far as Skull Mountain, Mr. Hatfield said the Nevada National Security Site would allow Nye County to install an additional conventional repeater site there, but it would need to be added to the FCC license and $6,000.00 in new equipment was required. However, it would provide some better coverage in Amargosa. Regarding staffing, Mr. Hatfield said two full-time positions were needed. As to interoperability issues, Mr. Hatfield said there was no interoperability with the Nevada Highway Patrol, N DOT, Las Vegas Metropolitan Police Department, Nevada National Security Site, or Duckwater Police Department. He said the State had decided not to narrowband so there would also be no communication there.

Commissioner Eastley

asked when the State would discontinue narrowbanding. Mr. Hatfield said it would be at the end of this year.

Commissioner Hollis

asked if the radios would work at the new jail facility in Pahrump.

Mr. Hatfield

advised the VHF radios did not work in the jail, but the 800 MHz radios did. This would be a safety issue for the deputies working in the jail.

Mr. Hatfield

stressed that narrowbanding had to be done and they would start in Beatty since it was a smaller operation and they could see what kind of problems were going to be encountered. He said the radio coverage after narrowbanding would reduce about 30%.

Commissioner Eastley

said this was not a solution, just good money after bad since they were not going to support it or maintain it and the County had no reasonable expectation of being able to purchase additional equipment or components to maintain it itself. Mr. Hatfield said the County currently paid $173,000.00 a year under a maintenance agreement, so if something were to happen to the system they would October 16, 2012 26a. Report on status of communications system-Cont’d. come out and work on it, but the equipment or components for it could no longer be purchased and items could not be replaced under the maintenance agreement.

Mr. Hatfield

provided the Board with options, the first of which was to turn the trunked system off and return to the conventional system. This option would save approximately $225,000.00 annually. The communications within the footprint of the trunked system would be lost, but the savings could be invested in upgrading the conventional system.

Sheriff DeMeo

advised that the Las Vegas Metropolitan Police Department would eventually go to SNACC and SNACC was building a bridge to Reno. Right now rural agencies were trying to work with what they had. He said the trunked system translated other frequencies, which the conventional system could not do, so turning off the trunked and going conventional would basically isolate the County.

Commissioner Wichman

asked why cell phones could not be used. Mr. Hatfield stated the way the Sheriff’s Office operated right now was not conducive to using cell phone technology.

Mr. Hatfield

said option two would be to join the State radio system, but that would require the purchase of all new radios at a cost of $1.2 million since it was a Harris system, not a Motorola system.

Mrs. Webster

asked if the $1.2 million included the EMS and Road Department radios.

Mr. Hatfield

said no. Each radio was about $3,000.00 to $4,000.00.

Mr. Hatfield

said option three would be to try to effect repairs on the trunked radio system. Motorola advised there would always be interference and suggested moving the Pahrump tower sites to obtain better coverage at a cost of $100,000.00, but there was no guarantee that this would provide betjer coverage. Pahrump could also just be switched to the 800 MHz for a cost of $360,000.00 or the whole County could change to 800 MHz for a cost of $3 million. Motorola had agreed to bring their engineers in at their cost and make recommendations on changes to the system.

Commissioner Eastley

asked if the State system would accept the County. Mr. Hatfield said they would as it would be to their advantage if the County used their system and paid the annual subscriber fee. Mr. Hatfield felt this was the better option.

Mr. Hatfield

said he had been working on identifying, prioritizing, and listing the issues with the radio system. He said he would have various agenda items because there were a lot of things needed to fix the system, but the Commissioners had the option to not put any more money into it. October 16, 2012 26a. Report on status of communications system-Cont’d.

Commissioner Schinhofen

asked that a proposal to join EDACS be brought forward to see where that would take the County. The Board was in recess until 2:30 p.m. 11:00 a.m. Planning. Zoning, and Building Items 1. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Borasky

said he had a casual conversation with Mr. Mitchell yesterday.

Commissioner Eastley

said the property owner contacted her and shared some information about the ownership of the property and what would happen if this item was not overturned. She was not sure if that was ex parte or not. Commissioners Wichman, Schinhofen and Hollis said they had been contacted as well. 2. Action Public Hearing, discussion, deliberation and possible decision on the following Planning and Zoning matters: 2a. For Possible Action —AP-12-0002: Appeal of the Pahrump Regional Planning Commission’s decision to disapprove a Conditional Use Permit for an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers, Ligers) on an 18.28 acre parcel, located at 6061 N. Woodchips Road, further described as Parcel 4 of File Map #56470. Raymond Mielzynski Property Owner. Karl Mitchell — — Appellant. AP# 27-241 -26.

Commissioner Wichman

opened the public hearing. Tom Waters saw no reason why this permit should be disapproved. He fully supported it after walking around the facility and seeing what was in there. He said there were a number of exotic animals in Pahrump and if they were approved there was no reason this should not be approved also. Jim Petell said he had lived in the area for 18 years and there was no reason to discontinue this operation as an animal sanctuary due to the fact that no one had a right to complain as they did not live near it. He felt safe and asked the Board to allow Mr. Mitchell to continue with his sanctuary.

Dr. Adam

Hadland, Karl Mitchell’s veterinarian, said he had been to the property on various occasions for veterinary care and animal control issues and was not sure why the Regional Planning Commission (RPC) did what it did. He had never had a negative experience at the sanctuary or felt he was in fear. The animals were housed in a safe environment and were in a good location as far as Pahrump. He felt a lot of the people October 16, 2012 11:00 a.m. Planning, Zoning, and Building ltems-Cont’d. 2a. For Possible Action AP-12-0002: Appeal of the Pahrum Realonal Planning Commission’s decision to disapprove a Conditional Use Permit for an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers. Ligers) on an 18.28 acre parcel, located at 6061 N. Woodchis Road, further described as Parcel 4 of File Map #56470. Raymond Mielzynski Property Owner. Karl Mitchell — — Appellant. AP# 27-241 -26.-Cont’d. were against it due to a lack of knowledge and fear. He had seen no sign of aggression and the animals were healthy and well taken care of. Dr. Hadland asked the Board to overturn the decision as it was a good thing for Pahrump as far as exposure for exotic animals. Vicky Parker, Chair of the Town Board and a member of the RPC board, said she had the only vote that was in favor of Mr. Mitchell. She had personally inspected the premises and found the animals were individually caged, there was a fence around all the individual cages, and there was a fence on the perimeter. She said there were several reasons given by the RPC as to why this was not approved, one of which was that the conditional use would not be a substantial improvement to property in the immediate vicinity and to the community as a whole. She said this was the only time since she had been on the RPC that condition had ever been cited as a reason for denial. She felt this was more a personal issue rather than a land use issue and stressed this needed to be looked at as a land use issue. Harley Kulkin asked the Board to have a more professional view of the situation than the RPC did and allow Mr. Mitchell to move forward. John Bushko volunteered at Mr. Mitchell’s facility and was bothered by the statements that there were no benefits to the community. Mr. Mitchell had a contract with Landfill Diversion Innovations, a green organization for waste management of meat products.

Mr. Bushko

drove for this company and delivered meat products to Mr. Mitchell for his animals. He supported the Board overturning the RPC’s decision.

Commissioner Wichman

closed the public hearing.

Commissioner Eastley

asked Brian Kunzi about the procedure for a tied motion. She said it should have failed and then been appealed to the Board in July. Mr. Kunzi said he determined it was in fact a denial. He also advised that the petitioner asked the RPC to reconsider their denial once they had replaced a member. At that second hearing it was denied 5-1.

Commissioner Eastley

advised she had received several e-mails on this issue, including a packet of information from PETA which indicated that Mr. Mitchell had a lengthy and disturbing history of failure to comply with the Animal Welfare Act. In April, 2001, his USDA license to exhibit exotic animals was revoked and he was fined a substantial October 16, 2012 11:00 a.m. Planning, Zoning 1 and Building Items-Cont’d. 2a. For Possible Action AP-1 2-0002: Appeal of the Pahrump Regional Planning Commission’s decision to disapprove a Conditional Use Permit for an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers, Liciers) on an 18.28 acre parcel, located at 6061 N. Woodchips Road, further described as Parcel 4 of File Map #56470. Raymond Mielzynski Property Owner. Karl Mitchell — — Appellant. AP# 27-241 -26.-Cont’d. amount of money. She said it happened again in 2009 and 2010. Commissioner Eastley personally had very strong opinions about this, but said all she could do was look at the planning codes and the ordinances in place and make a determination as to whether this was a compatible land use.

Mr. Kunzi

stated this was solely a land use question, not an enforcement question. If

Mr. Mitchell

was not in compliance with the federal regulations, County ordinances or State laws, those were enforcement issues that would be dealt with. He added that when the Board looked at land use, previous uses permitted had to be considered.

Commissioner Borasky

asked Mr. Mitchell if he was currently complying with all federal, state and local regulations. Mr. Mitchell said he was.

Commissioner Borasky

asked Mr. Mitchell if he had the proper licensing and everything else he was supposed to have. Mr. Mitchell said he did. He stated the County Code was based on the federal law and he had an inspection report from animal control that they were in accordance with the current Code. He said the only thing they did not have was this conditional use permit.

Commissioner Borasky

asked Mr. Mitchell if he had the permits and licenses with him.

Mr. Mitchell

said he did not, but Vance Payne of Public Safety had seen them.

Commissioner Borasky

asked if anyone advised Mr. Mitchell to go to this property from his previous location. Mr. Mitchell said they were advised that it was outside the RPC and was open use land, which turned out to not be so after they were already situated there.

Commissioner Schinhofen

said this had to be decided based on whether it fit the zoning. The e-mails received had reflected many people who owned property next to this were not in favor of it because they were afraid their values would go down. Mr. Mitchell explained the only owners adjacent to his property were owners of unbuildable quarter acre lots who had less right to argue about property values since they bought property that was not worth anything anyway and would never be worth anything.

Commissioner Schinhofen

said he was inclined to allow the use, but his real concern was in the conditional uses where it said Mr. Mitchell had to have all state and federal licenses. He noted Mr. Mitchell’s web site indicated visitors could pet the tigers, but the October 16, 2012 11:00 a.m. Planning. Zoning, and Building ltems-Cont’d. 2a. For Possible Action AP-12-0002: Appeal of the Pahrump Regional Planning Commission’s decision to disapprove a Conditional Use Permit for an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers, Ligers) on an 18.28 acre parcel, located at 6061 N. Woodchips Road, further described as Parcel 4 of File Map #56470. Raymond Mielzvnski Property Owner. Karl Mitchell — — Apel lant. AP# 27-241 -26.-Cont’d. USDA’s handling regulations prohibited the exhibition of animals without sufficient distance and/or barriers. Commissioner Schinhofen wanted to be sure Mr. Mitchell understood that if the USDA deemed he could not do this the permit went away.

Mr. Mitchell

explained his sanctuary was private, not open to the public. The facility was primarily a humane shelter, which did not require a federal permit in order to exist. He said the web site was educational and informational.

Commissioner Eastley

questioned the charge which was shown on the web site. Mr. Mitchell said it was a donation fee, not a charge, and it was put on the web site to stop the phone calls and e-mails due to the national and international notoriety his facility had received.

Commissioner Wichman

asked Steve Osborn where the substantial improvement language came from. Mr. Osborn advised all eight findings were from the Code. Mr. Kunzi said they were required by the Nevada Revised Statutes.

Commissioner Schinhofen

made a motion to overturn the RPC decision based on the conditional use not being hazardous or disturbing to existing or future neighboring uses and the conditional use may be a substantial improvement to the property.

Mr. Kunzi

recommended incorporating as a basis of the findings the staff opinion as initially submitted to the RPC under items 3 and 4.

Commissioner Schinhofen

made a motion based on staff’s recommended findings under items 3 and 4; seconded by Commissioner Eastley; 3 yeas. Commissioners Borasky and Hollis voted no.

Commissioner Schinhofen

reminded Mr. Mitchell that there were conditions to the conditional use permit. If it was violated, the permit went away.

Mr. Kunzi

stated the Board had to affirm, modify or reverse the decision of the RPC and needed a second motion that the conditions as set forth in the staff recommendation were imposed.

Commissioner Schinhofen

made a motion to impose the conditions set forth in the original staff recommendations; seconded by Commissioner Eastley; 5 yeas. October 16, 2012 28. Planning/Building 28.1. For Possible Action — Discussion and deliberation to: 1) set a date, time, and location for a public hearing on Nve County Bill No. 2012-11: A Bill proposing to amend Nve County Code 16.28 the Division of Land Within the Pahrump Regional Planning District, by amending Article VIII “Improvement. Maintenance and Warranty Guarantees” for the purpose of providing the Pahrum Regional Planning Commission with the authorization to approve partial releases of financial security for completed improvements (e.g., water/sewer lines, streets, etc.), providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) reading of the title of the Bill into the record.

Commissioner Eastley

proposed Bill No. 2012-11 and made a motion to set the public hearing for November 20, 2012, at 11:00 a.m. at the Commission Chambers in Pahrump based on staff recommendation; seconded by Commissioner Borasky; 5 yeas.

Commissioner Eastley

read the title of the bill into the record. 28.2. Report regarding the International Property Maintenance Code George Bernath, Code Compliance Supervisor, explained Section 3.02.04 of the International Property Code said all premises and exterior property shall be maintained free from weeds and plant growth in excess of a height to be determined by the jurisdiction, but the reference to height was not adopted by the Board. It was his interpretation that the height in inches corresponded to plant growth, not weeds because weeds were a nuisance. Bob Little said he was the one who started this because a widower from Fultonville, NY, received a letter on her vacant piece of property. He thought it was wrong for her to be fined $1000.00 a day.

Commissioner Wichman

asked if complaints were received on this property. Mr. Bernath said they were. Darrell Lacy clarified that the Nevada Fire Marshal adopted the International Building Code, the Fire Code, and the Mechanical Codes. The State then also adopted the Energy Codes. When the State adopted them the County was required to incorporate them also, but they were not adopted. October 16, 2012 1:30 p.m. For Possible Action Presentation on Bill Draft Reauest seeking to obtain power by local governments to use tax incentives for the financing of economic development proiects; and discussion and possible decision on funding efforts to support development of BDR and any necessary legislative activities. Robert List said their proposed legislation could provide an economic development opportunity in the County. He was approached several weeks ago and asked for assistance in raising capital to expand the local business known as Front Sight, which was currently unable to obtain financing through conventional means. He explained this legislation would enable a county or municipality to create an economic zone where bonds could be issued and paid for by new money brought in through a development. He stressed this would not take away any money currently in the tax base as the only place that would be a source of revenue to pay off the bonds would be in that small zone created specifically to help that enterprise or business. The municipality or the county would be authorized to establish the zone and create the board that would run it and then turn it over to an entity in the district or zone to issue the bonds. Mr. List said this had been done successfully in other areas in the country.

Mr. List

stated they were not here to seek consideration for the Front Sight project. They were asking for the Board’s support to enable them to move forward with legislation that would allow counties and municipalities to set up zones of this type. The Front Sight project would be considered after the legislation was approved.

Commissioner Eastley

asked why they approached Nye County and the Town of Pahrump for financial assistance as it seemed this should be debated as a State policy issue since it could benefit more than one business in one county. She wondered why NACO was not used as a vehicle to support the bill. Mr. List explained it began in this valley and they felt it would be a very good feather in the cap of Nye County to be the originators of a positive program to help all of rural Nevada. He said they were going to go to NACO, but what they were asking for today in terms of support was seed money to get this started. Brian Kunzi said this proposal was the BDR he had initially suggested the County consider. He said the cost could be up to $63,500.00, but they wanted to get all the different counties involved. The more counties that backed it would significantly reduce the amount of money Nye County paid.

Commissioner Eastley

agreed with the merits of the bill, but the problem she had was she voted against providing almost the same amount of funding to Mark Fiorentino to watch the County’s back door on a multitude of issues. She said she would have a huge problem supporting funding for something that NACO could do. Guy Hobbs explained public finance law in Nevada evolved as circumstances dictated. The reason for starting in Nye County was because of the existing example of Front October 16, 2012 1:30 p.m. For Possible Action Presentation on Bill Draft Request seeking to obtain power by local governments to use tax incentives for the financing of economic development prolects; and discussion and possible decision on funding efforts to support development of BDR and any necessary legislative activities.-Cont’d. Sight and he could see applications in the future in other rural areas. He said examples were needed as a way to offer the Legislature a reason to make changes in the law.

Mr. Kunzi

said he had not been silent on his criticism of spending $50,000.00 on a lobbyist that would do exactly what NACO did. Nothing that was ever spent on the lobbyist was ever targeted for Nye County. He explained this was fundamentally different because this would be a project for Nye County and would benefit the County directly. He felt spending this money on this one project, given the magnitude and nature of it, was exactly what the County should do and what a lobbyist should be hired for. Jeremy Aguero explained his job was to look at one particular example as a case study. He said the firearms industry was growing with a significant increase in firearms background checks and the highest rate since 1993 of homeowners owning guns. Front Sight was a weapons education center which had been in the community since 1996 and had the ability and desire to expand, which meant jobs, wages and salaries, and economic output for the community. This facility was one of the largest operator- owned facilities of its kind in the United States.

Mr. Aguero

gave an overview of the Front Sight facility. He said attendance had increased to 25,000 per year with over 24,000 trips generated. When that was translated into room nights occupied, it equaled 74,101 room nights occupied. He said this was a growing industry and Pahrump was in a good position to take advantage of it.

Mr. Aguero

further discussed the economic impacts, which included jobs and money generated in the community from the visitors, as well as the fiscal impacts as far as what Front Sight paid in sales tax, modified business tax, and property tax. There would also be construction impacts, with phase one putting about 350 people back to work. He said it would generate over 400 jobs and $38 million in total economic output.

Mr. Hobbs

said they were working with a number of units of government around the State, almost all of which were looking for tools to help create some kind of economic inertia in their communities and to grow their local economies. He explained permissive laws that allowed the use of innovative tools were needed as well as an application for those laws.

Commissioner Eastley

asked if this was like the STAR bonds from Washoe County. Mr. Hobbs said mechanically it was not exactly equal to the STAR bonds. He said you learn from what happened in other areas and that part of the opportunity here was to October 16, 2012 1:30 p.m. For Possible Action Presentation on Bill Draft Request seeking to obtain power by local governments to use tax incentives for the financing of economic development øroiects; and discussion and possible decision on funding efforts to support development of BDR and any necessary legislative activities.-Cont’d. develop the legislation in the right way to create opportunities for economic development. Pam Webster said there was confusion because a business model had not been shown. She asked who would issue the bonds and who would control the proceeds.

Mr. Hobbs

explained that if this economic zone was created, it could be used for a project like Front Sight or elsewhere in the County and there would be a governing body. He had seen in the past where the county became the ex officio governing body.

Commissioner Eastley

asked if it was project driven or if the County had to set up the zones and hope that encouraged someone to come in. Mr. Hobbs said more often than not they were driven by a master plan for that zone, which could be project driven, and usually criteria for projects for any type of zone were set up.

Commissioner Wichman

asked if there were already vehicles in place for this type of thing. Mr. Kunzi said there was nothing in place in the State of Nevada to accomplish what was being discussed.

Mrs. Webster

said the concern was the guarantee for the debt service and not having to commit County resources for that debt service. She felt the presentation did not adequately portray the creative approach being discussed.

Commissioner Eastley

made a motion to approve in concept; seconded by

Commissioner Borasky

; 4 yeas. Commissioner Hollis voted no.

Commissioner Schinhofen

asked Commissioner Hollis why he was opposed to looking at a contract. Commissioner Hollis said it was because of the money the County had to spend for communications and the other things it had to forego to get to a budget. 33. Public Petitioners-Cont’d. 33a. For Possible Action Discussion and deliberation to authorize a sublease agreement for property located at 362 Airport Road. APN 012-751-01. Tonopah, NV between Pegasus Logistical Services. Ltd and Life Guard International. Inc.

Commissioner Eastley

said she became aware of an e-mail the contractor sent to Dr. Scoccia claiming he was placing a lien on the hangar and asked if that had been resolved. William Allen said an agreement was reached on what was owed and he was not aware of a lien on the hangar. October 16, 2012 33a. For Possible Action Discussion and deliberation to authorize a sublease agreement for property located at 362 Airport Road. APN 012-751-01, Tonopah, NV between Pegasus Logistical Services, Ltd and Life Guard International. Inc. Cont’d. Pam Webster said she had two copies of liens that were going to be filed. Brian Kunzi said he had not seen this until Friday and had some serious questions and problems. He explained there was nothing signed by anybody, but there was a use and occupancy agreement which was being called a sublease. The summary of terms was supposed to be incorporated, yet the authorization was for a month-to-month lease with the term renewable in one year options. Mr. Kunzi said there were too many errors in the contract for him to recommend the Board go forward. He recommended tabling this item until the next meeting. 10:30 a.m. Recess to the Nve County Licensing and Liquor Board THE 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 9k. For Possible Action Approval to donate an out of date Live Scan Fingerprint Machine TP3100ED (model 062-2605-0008512R)! Printer Lexmark T640. desktop computer, monitor and printer to the Nye County School District.-Reconsidered.

Commissioner Schinhofen

made a motion to reconsider; seconded by Commissioner Borasky; 5 yeas. Brian Kunzi advised a resolution was needed, which had now been provided.

Commissioner Eastley

made a motion to adopt; seconded by Commissioner Schinhofen; 5 yeas. PUBLIC OFFICIALS 10. Assessor This item was removed from the agenda. October 16, 2012 11. Board of Commissioners 11 a. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 11 b. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 11 c. 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. 12. Clerk This item was removed from the agenda. 13. District Attorney 1 3a. For Possible Action Discussion and deliberation regarding retaining Erickson, Thorpe & Swainston as counsel for handling of civil litigation pertaining to damages to Blaa Road.

Commissioner Eastley

asked why this was not put out to bid. Pam Webster explained it was a professional services agreement and did not need to be put out for bid.

Commissioner Schinhofen

made a motion to approve and authorize Brian Kunzi to sign; seconded by Commissioner HoIlis; 5 yeas. 14. Recorder This item was removed from the agenda. October 16, 2012 15. Sheriff 1 5a. For Possible Action Discussion and deliberation on approval to augment the Sheriff’s Office budget from Contingency for establishing access to an Inmate Law Library to meet Federal and State guidelines for inmates access to law library materials.

Commissioner Eastley

noted there was no longer a law library in Tonopah because it was expensive and labor intensive. She asked if these kiosks were computer kiosks.

Sheriff DeMeo

said they were.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 16. Treasurer 1 6a. Treasurer’s Report The report was in the backup. 17. Justice(s) of the Peace This item was removed from the agenda. 18. District Court This item was removed from the agenda. 19. Juvenile Probation This item was removed from the agenda. GENERAL NYE COUNTY ADMINISTRATIVE STAFF 20. County Manaaer 20a. Ongoing Proiect Report The report was in the backup. October 16, 2012 20b. For Possible Action Discussion and deliberation on approval of a letter of engagement with Kaempfer Crowell Renshaw Gronauer & Fiorentino as leaal counsel for the purpose of assisting the County. as directed by the County Manager and District Attorney, in conducting negotiations and due diligence for the proposed purchase of Pahrump Utility Company. Inc.. and is not budgeted but can be funded from Fund 10301 Special Prolects Endowment.

Commissioner Hollis

made a motion to approve.

Commissioner Schinhofen

asked if there was someone in the firm who had experience. Brian Kunzi said he had solicited names of people with utility experience and that this was a very good choice as he had some knowledge of them.

Commissioner Eastley

voted no. 20c. For Possible Action Discussion and deliberation to approve a lease agreement with Desert Flying Service for a portion of property located at the Tonoah Airport for the purpose of the Tonopah Airport Fixed Base Operations. The initial term of the lease is forty-nine (49) years. and may be renewed at the option of Company for up to two (2) consecutive periods of twenty-five (25) years each, after expiration of the initial forty-nine (49) years of the Term. Desert Flying Service will pay $100.00 per month and revenues will be deposited into Fund 10209 Airport.

Commissioner Wichman

said there was no provision in the lease that provided for a periodic review to see if $100.00 was appropriate. Pam Webster advised it increased 3% annually.

Commissioner Wichman

asked what the justification was for tying up County property.

Commissioner Eastley

explained someone had to be in radio communication with the pilots when they landed, pump fuel, and tell Public Works about snow on the runway.

Mrs. Webster

said the agreement could be modified to provide an annual review and suggested every five years. Commissioner Eastley said to reduce it to five years and that she also wanted an ironclad guarantee that someone would monitor this contract. Brian Kunzi asked if the Board wanted a five year term that expired, another five year extension, or just to have the agreement looked at it every five years. Commissioner Eastley said just to look at it every five years.

Commissioner Hollis

was not present.

Commissioner Schinhofen

made a motion to approve by amending the contract to five year terms; seconded by Commissioner Eastley; 4 yeas. October 16, 2012 20d. For Possible Action Discussion and deliberation concerning the Calvada Eve property including: pond maintenance. street lights, holiday tree lighting. rodents, road to Health Clinic. Pam Webster advised maintenance of the ponds would cost $2,100.00 a quarter, a pest control company was working on the gopher issue at an hourly rate, and the issue with the streetlights was that there were no bulbs in the lights that came down from Highway 160 into the Eye. Bob Jones, Building and Grounds Supervisor, said he changed out all of the lighting fixtures within the Eye and hired a temporary employee who was also an electrician. They would start changing out all of the bulbs next week. He also reminded the Board that he only had four maintenance men who did everything.

Mrs. Webster

said this would raise the electric bill because those lights were not lit right now and asked if the Board wanted to keep them lit all night. Mr. Jones said a timer could be added. Commissioner Borasky agreed and suggested having the lights on until midnight.

Mrs. Webster

said she was asked to address getting 110 to each of the trees so lights could be plugged in for Christmas. Mr. Jones said there was power in the middle of the field and was not sure what trees Commissioner Borasky wanted to light up.

Commissioner Borasky

said it would be to the light poles so they could be decorated.

Mr. Jones

thought he could easily do that.

Commissioner Wichman

asked about the road to the health clinic. Mrs. Webster said she would bring a budget back for that and the other planned items.

Commissioner Eastley

noted the Commissioners continued to have concerns about the financial health of the County and whether or not there was adequate funding to maintain the proper staffing levels in various departments, but they were now discussing spending $8,400.00 a year to maintain duck ponds and run 110 outlets so Christmas lights could be hung.

Commissioner Schinhofen

said he understood her concerns, but he thought the duck pond needed to be addressed before it became a health hazard.

Mrs. Webster

said this was just informational and she would come back with a budget. 21. Emergency Services This item was removed from the agenda. 22. Facilities This item was removed from the agenda. October 16, 2012 23. Finance 23a. General Fund Cost Performance Report The report was in the backup. 23b. For Possible Action Discussion and deliberation regarding Bid #2012-28 — — Tonopah Emulsion Tank Concrete Slab Construction and Installation. The amount of the bid is unknown at agenda deadline. The project is to be funded from Fund 10205 Road.

Commissioner Eastley

made a motion to award to Ben Paul Construction, LLC based on staff recommendation and authorize execution of a contract; seconded by

Commissioner Schinhofen

; 4 yeas. 23c. For Possible Action Discussion and deliberation regarding Bid #201 2- 22/PWP #NY-2012-365 Gabbs Water Tank Relining. The proiect is to be funded from Fund 10340 Grants.

Commissioner Eastley

made a motion to award to Olympus and Associates in the amount of $113,883.00 based on staff recommendation and authorize execution of a contract; seconded by Commissioner Schinhofen; 4 yeas. 23d. For Possible Action Discussion, deliberation, and direction to staff regarding use of General fund Pahrump senior nutrition budaet to pay previously unbudgeted reguest by RSVP program.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. 23e. Prevailing Labor Rates Analysis The report was in the backup. 24. Health & Human Services This item was removed from the agenda. 25. HIR and Risk Management 25a. For Possible Action Discussion, deliberation, and direction to staff to create and authorize the advertising and filing of one B&G Maintenance Worker II. This is not budaeted but can be absorbed from Fund 10101 General.

Commissioner Schinhofen

made a motion based on staff recommendation to approve with the conditions of advertising in-house only which will lessen the financial impact October 16, 2012 25a. For Possible Action Discussion, deliberation, and direction to staff to create and authorize the advertising and filing of one B&G Maintenance Worker II. This is not budgeted but can be absorbed from Fund 10101 General.-Cont’d. and analyze to determine if the vacancy resulting from the action needs to be filled; seconded by Commissioner Borasky; 4 yeas. 29. Public Administrator This item was removed from the agenda. 30. Public Works 30a. For Possible Action Discussion and deliberation to: 1) set a date, time, and location for Nve County Bill. No. 201 2-1 7: a bill proposing to amend Title 12 of the Nve County Code by adding a new chapter 12.12 requiring persons causing excessive wear to public roads within Nye County to coordinate with the Nve County Road Department and remediate all damage caused to public roads: providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto: and 2) reading of the title of the bill into the record.

Commissioner Eastley

proposed Bill No. 201 2-17 and made a motion to set a time, date, and location of November 9, 2012, at 10:45 a.m. during the regularly scheduled Board of Commissioners meeting in Tonopah; seconded by Commissioner Borasky; 4 yeas.

Commissioner Eastley

read the title of the bill into the record. 10:45 a.m. For Possible Action Public hearing, discussion, and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 4080 W. Medicine Man Road, Pahrum. Nevada Brian Kunzi advised he had provided the Clerk with the proof of service that the owners of the property were properly notified of this meeting.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Eastley

said she understood the difference between a public and private nuisance was generally one of degree with a private nuisance affecting one person or a small number of people and a public nuisance affecting the rights of the citizens as part of the public. She said for the Board to declare this as a public nuisance they had to find that this property affected a considerable number of people or an entire community or neighborhood. She could not tell from the picture if there were immediately adjacent neighbors. George Bernath from Code Compliance showed her another picture. October 16, 2012 10:45 a.m. For Possible Action Public hearing, discussion, and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 4080 W. Medicine Man Road. Pahrump, Nevada-Cont’d.

Commissioner Eastley

asked if this came about as a result of a complaint. Mr. Bernath said the property burned in 2001 and the first complaint about it was received in 2006.

Commissioner Eastley

asked if the prior District Attorney refused to take any action on it. Mr. Bernath said that was correct.

Commissioner Eastley

asked if this had been before the Board previously. Mr. Bernath said this was the first time.

Commissioner Eastley

made a motion to declare this a public nuisance pursuant to Nevada Revised Statutes 244.360 and to adopt Resolution No. 2012-44; seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Eastley

asked if the resolution outlined the action to be taken if there was a failure to abate. Mr. Kunzi said if it was not abated in 30 days the County would clean it up and assess the property for the cost.

Commissioner Eastley

requested that a map be provided on nuisance properties in the future so the Commissioners could find the property. 8. CommissionersIManager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Eastley

noted the law changed during the last legislative session and people who wanted to speak under public comment were not required to fill out forms yet the forms were still being used. Pam Webster said the forms would be taken down.

Commissioner Borasky

stated that at the last quad-state meeting there was a suggestion to ask for an increase in the next fiscal year. He believed the County paid $1,200.00 or $1,300.00 right now and the increase would probably be to $2,000.00. He wanted to make the Board aware of that and asked Mrs. Webster to put it on an agenda to be voted on, unless the Board wanted to give up the membership. Commissioner Borasky thought the County should stay with them. October 16, 2012 ii. Board of Commissioners-Cont’d. lit. For Possible Action Discussion and deliberation to set the date and location of the second meeting in January 2013 of the Board of Commissioners in Pahrump, Nevada.

Commissioner Borasky

said he was going to ask that beginning in January the Pahrump meeting start at 5:00 p.m. Commissioner Eastley advised him to include in the agenda item any additional costs. Pam Webster said the employees could stagger their time. Sam Merlino said that would be easy for some offices, but her staff was used for other things and it was very difficult to stagger.

Mrs. Webster

said the obvious issue would be staff on salary who would work all day and into the evening.

Commissioner Eastley

understood Commissioner Borasky in terms of making sure that community members had an opportunity to see the meeting, but she said a small consolation was that the meetings were recorded and could be watched on Granicus.

Commissioner Borasky

said that was true, but the problem seemed to be that they could not participate. He wanted to look at the numbers to see what they said.

Mrs. Merlino

thought her office would not have too much of a problem if there was a cut off time, like starting the meetings at 2:00 p.m. instead of 5:00 p.m. Working over a couple of hours might be more manageable.

Commissioner Eastley

asked Commissioner Borasky if he was getting a lot of complaints as she had not heard any. Commissioner Borasky said several people had asked him about it.

Commissioner Schinhofen

made a motion to set the second meeting for January 22, 2013, at 10:00 a.m. and have staff bring what it would cost in the future to do it at some other time; seconded by Commissioner Eastley; 4 yeas. lip. For Possible Action Discussion and deliberation to approve funding to complete the BLM land transfer for the Mt. Moriah Cemetery located in Manhattan, NV to Nye County.

Commissioner Wichman

said this was agreed to at an earlier Commission meeting, but a funding source was never established.

Commissioner Eastley

made a motion to approve up to $40,000.00 out of Capital; seconded by Commissioner Schinhofen; 4 yeas. October 16, 2012 ii h. For Possible Action Discussion and deliberation to appoint two (2) members to the Central Nevada Regional Water Authority Board due to two (2) expiring terms.

Commissioner Schinhofen

made a motion to appoint Joni Eastley and Midge Carver based on staff recommendation; seconded by Commissioner Eastley; 4 yeas. ii d. For Possible Action Discussion and deliberation to go into closed session pursuant to NRS 241.030 to consider character. atleed misconduct, professional competence, or the physical or mental health of Nve County Sheriff Anthony DeMeo regarding overspending of budget for fiscal year 2011-12.

Commissioner Borasky

made a motion to go into closed session; seconded by

Commissioner Schinhofen

; 4 yeas. lie. For Possible Action Discussion and deliberation regarding possible referral to the Nevada Attorney General for prosecution of Nve County Sheriff for expending money or incurring liability in excess of the amounts appropriated for the applicable budget function in violation of NRS 354.626.

Commissioner Eastley

made a motion based on the evidence and testimony presented in the closed session to refer this matter to the Attorney General’s Office for prosecution as a willful violation of NRS 354.626; seconded by Commissioner Schinhofen; 4 yeas. 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. 34. GENERAL PUBLIC COMMENT (second) There was none. 35. ANNOUNCEMENTS (second) Vern Van Winkle said the Pahrump video was completed and would be posted for the Commissioners’ review before being released to the public.

Commissioner Wichman

went to the regional meeting as a representative of NACO. The top priorities for the 201 2/2013 Western Interstate Region of National NACO were October 16, 2012 35. ANNOUNCEMENTS (second)-Cont’d. set with the top four of those being mandatory full funding for payments in lieu of taxes; a continuation of the federal revenue sharing payments to the counties from natural resources; sustainable natural resources; and recognizing that federal managed lands were exempt from local taxation and fixing that. She said the fifth priority was to reauthorize the farm bill. 36. ADJOURN

Commissioner Schinhofen

made a motion to adjourn; seconded by Commissioner Borasky; 4 yeas. APPROVED this ATTEST: Of ,2013. l-7?2I/ /d4 L-h ir Nye Coiinty Clerk I Deputy Ji October 16, 2012 Pursuant to NRS the Nye County Liquor and Licensing Board met in regular session at 10:30 a.m. in the Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada 89048. Butch Borasky, Chair Gary Hollis, Vice-Chair Joni Eastley, Member Lorinda Wichman, Member Dan Schinhofen, Member Tony DeMeo, Member Sandra L. Merlino, Ex-Officio Clerk of the Board Brian Kunzi, District Attorney Pam Webster, County Manager Also present: Lorina Dellinger, Administrative Manager; Kelly Sidman, Deputy Clerk; Susan Paprocki, Comptroller THE NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE LICENSING AND LIQUOR BOARD 1. GENERAL PUBLIC COMMENT (Three-minute time limit per person and requested to be limited to items not listed on the aqenda. No action will be taken by the Board.) There was none. 2. For Possible Action Approval of Minutes for the Nye County Licensing and Liquor Board meeting for N!A— There were none. 3. Consent Agenda Items There were none. 4. Brothel There was none. October 16, 2012 5. Gaming 5a. For Possible Action Discussion and deliberation of a Gaming License for United Coin Machine, slot route operator out of Las Vegas to do business at the Maverik #437 store located at 3010 S. Hwy 160 in Pahrump, NV. Robert Woodson, ApIicant.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen; 6 yeas. 5b. For Possible Action Discussion and deliberation of Leroy’s Horse and Sports Place to Iace and operate a gaming device known as a Self-wagering Race and Snorts Book Kiosk at the Banc Club of Tonopah located at 380 N Main Street in Tonopah, NV. Victor Salerno Applicant.

Commissioner Eastley

asked Sheriff DeMeo and Brian Kunzi if specificity was needed in the ordinance related to the types of gaming devices that were allowed in Nye County. She did not remember approving something for a self-wagering race and sports book kiosk. Mr. Kunzi advised a County license was needed to do a gaming industry, but only the activity authorized by the Gaming Control Board could occur.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Eastley; 6 yeas. 6. Liquor 6a. For Possible Action Discussion and deliberation of a waiver of Investigation Fees of $250.00 as required under Nye County Code: 5.04.090 (D) for Janet Jensen owner of Maverick Saloon.

Commissioner Eastley

asked if the Code allowed the Board to give fee waivers. Mr. Kunzi said the Board could waive anything.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

asked what was done to relieve the brothel licensing fees.

Sheriff DeMeo

said he did the investigation, but he could not charge a fee because of his office.

Commissioner Schinhofen

asked why $250.00 was being waived when he thought the fees were $500.00. Sheriff DeMeo explained if someone had been granted a license in a year then that could be reduced by half. It took him five minutes to do this background check since the owner had applied for so many liquor licenses in this establishment. October 16, 2012 6a. For Possible Action Discussion and deliberation of a waiver of Investigation Fees of $250.00 as required under Nye County Code: 5.04.090 (D) for Janet Jensen owner of Maverick Saloon.-Cont’d.

Commissioner Schinhofen

made a motion to adjourn; seconded by Sheriff DeMeo; 6 yeas. THE BOARD OF LICENSING AND LIQUOR COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS APPROVED this ATTEST: Of ,2013. Chair / Licensing & 2 ) Liuor Nye Co&ity Clerk / Deputy October 16, 2012 Pursuant to NRS the Nye County Board of Road Commissioners met in regular session at 10:15 a.m. in the Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada 89048. Dan Schinhofen, Chair Lorinda Wichman, Vice-Chair Joni Eastley, Member Gary Hollis, Member Butch Borasky, Member Sandra L. Merlino, Ex-Officlo Clerk of the Board Brian Kunzi, District Attorney Pam Webster, County Manager Also present: Lorina Dellinger, Administrative Manager; Kelly Sidman, Deputy Clerk; Susan Paprocki, Comptroller NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS 1. GENERAL PUBLIC COMMENT (Three-minute time limit per person and requested to be limited to items not listed on the agenda. No action will be taken by the Board.) There was none. 10:15 a.m. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reiect Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right-of-Way. Chocolate Pot Road No. 926260 North Angleworm Road No. 943830 East Pioneer Road No. 926270 Angleworm Road No. 943840 Tracking Station Road No. 926280 West Horse Range Road No. 943850 Alkalai Flat Road No. 926100 Manzone Well Road No. 943860 Sarcobatus Prospect Road No. 929110 Rock Ridge Road No. 943870 Tin Can Road No. 929120 South Crystal Springs Road No. 943500 Stonewall Mountain Road No. 929130 East Pafle Place Road No. 954850 Seep Road No. 929140 South East Page Place Road No. 954855 Stinking Spring Road No. 968140 Old Dominion Canyon Road No. 955510 Breen Ranch Road No. 968150 South Keystone Road No. 955515

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Eastley

made a motion to adopt; seconded by Commissioner Borasky; 5 yeas. October 16, 2012 2. For Possible Action Approval of Minutes for the Nye County Board of Road Commissioners’ meeting for N/A - There were none. 3. For Possible Action General road report by Public Works Director Dave Fanning, Public Works Director, said there was nothing to present off of the current road report, but he updated the Board on the Loop Road drainage issue. He said Public Works received a letter from the public on the drainage between Ace Hardware and Canton Street and were taking shots and surveys in that area to determine how to get it to drain.

Mr. Fanning

reported the Arado Street sign was done and installed. He said the street was County maintained, but it was not a chip sealed road and would not be chip sealed at this time due to the lack of funding.

Mr. Fanning

said signs were installed on Nicholas Way off of Big 5 Road so EMS could find the area and Type 2 had been put on it. Regarding Squaw Valley, Mr. Fanning said he and Commissioner Schinhofen met with BLM and went to the owner of the facility. He was working with BLM to work through the process of a diversionary dike or something of that nature to protect the properties which were flooded by water coming off of BLM land. He was waiting for a return phone call.

Commissioner Eastley

said she heard the Tough Mudder event in Beatty brought upwards of 10,000 people into the area and asked if there was any follow up done to the roads. Mr. Fanning said he had heard from NDOT, but had not followed up with the Town of Beatty. Beatty said there were approximately 6,500 people there, but he had heard 5,000 people attended. He also shared that some of the hotels raised their rates to some exorbitant amount for that weekend’s event which drove some people out, which hurt everybody.

Commissioner Wichman

said she also heard half of those hotels were vacant and that State Emergency Services reported that on Saturday there were over 8,000 people. She felt a trigger was needed when a permit for an event like this was applied for so a phone call could be made to the State Emergency Services to notify them that backup may be needed.

Commissioner Wichman

asked if the heavy truck traffic to Death Valley listed under Amargosa on the General Road Report would be alleviated by the proposed ordinance.

Mr. Fanning

said it would, but enforcement on the local roads was needed also. If roads that would not accommodate certain poundage were used without a permit, then law enforcement was needed to help enforce those areas. However, in talking with the Sheriff he learned the County did not have scales and the Nevada Highway Patrol October 16, 2012 3. For Possible Action General road report by Public Works Director-Cont’d. would have to come out with them. Mr. Fanning said the proposed ordinance would push the County in that direction and help identify the areas where the roads were failing.

Commissioner Wichman

thanked Mr. Fanning and his crews for the work they did up north, but said the work on Toquima Range Road did not hold due to the recent rains and there were now craters there.

Commissioner Schinhofen

also thanked Mr. Fanning for all he and his department did. He asked if anything could be done at Thousandaire and Homestead where a lake was sitting on the road and in the entrance to the gas station. Commissioner Schinhofen thought it should be widened out and something done to move the water there as well as in the approaches where water sits and where there were several potholes. Mr. Fanning stated they were County roads and he would look at it and see what could be done, but that he would probably find the paved asphalt entrances were too low.

Mr. Fanning

advised that he had contacted NDOT regarding the right turn lane on 372. The resident project engineer was gone for the next month, so Mr. Fanning talked with the gentleman covering for him and was told NDOT would do away with the fog line and put right turn arrows there so traffic could get on Blagg Road going southbound.

Commissioner Borasky

said Blagg Road looked like a lot of mud puddles after a heavy rain and he was very concerned about it, and there was severe ponding at the furthest north crossover from Celebrate Homes. Mr. Fanning said he had received a complaint and there were a couple of items that could be fixed in the County road right-of-way, like cutting a flow line. He noted the owner’s property sat lower in elevation, so a berm was needed on the back, which would force the water down to Atkinson. He said a 1,200 foot run needed to be done, which should have been done by the contractor. Since it was in the County road right-of-way it was something Public Works would do. October 16, 2012 4. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.1 70 and R.S. 2477 Right-of-Way for the following: North Butler Homestead Road No. 971200 Prospect Springs Road No. 972910 East Butler Creek Road No. 971210 Meadow Creek Road No. 973800 North Butler Creek Road No. 971215 Box Springs Road No. 973805 Butler Willow Road No. 971220 Soldier Springs Road No. 973815 North Willow Creek Road No. 971225 A Spring Road No. 974110 Monitor Lona Canyon Road No. 971230 Toll Canyon Road No. 974415 Short Well Road No. 971235 Safle Hen Springs Road No. 974425 Willow Creek Wash Road No. 971240 Anderson Cemetery Road No. 974550 South West Monitor Connector Road No. 971245 Trudaen Well Road No. 975250 North Johnny Potts SDrings Road No. 971250

Commissioner Eastley

made a motion to set the date, time and location as November 20, 2012, at 10:15 am. during the regularly scheduled Board of Road Commissioners meeting in Pahrump based on staff recommendation; seconded by Commissioner Borasky; 5 yeas. 5. Adjourn