November 9, 2012

Commissioner Eastley

and Pam Webster were not present at this time.

Commissioner Wichman

asked Mr. Greco to leave the CDs with the District Attorney. November 9, 2012

Commissioner Schinhofen

congratulated everyone who ran for an office and said he looked forward to working with the new people although he was sorry to see others leave.

Commissioner Borasky

said a poker tournament would be held at the Pahrump Nugget on November 16, 2012, from 6:00 a.m. to 8:00 p.m. for the benefit of the NCRCC and the State Republication Committee.

Commissioner Wichman

advised she was a Kentucky Colonel, which was a charitable organization which raised funds for the victims of Hurricane Sandy. She said if anyone was curious about the Kentucky Colonels or wanted to contribute to please visit their web site.

Commissioner Borasky

advised he attended the Nye County Water Board meeting and they had requested a joint meeting with the Board of County Commissioners. He asked for feedback from the Commissioners if they would like to accommodate them. He thought it would be a good idea to all be in the same room and have a workshop about some issues.

Commissioner Borasky

informed the Commissioners that the Water Board had agreed to add some statements made by one individual to the water resource plan that he did not think were appropriate, such as investigating the fastest process for DWR to declare the Pahrump basin a critical management area, to establish a directed water source budget control, commercial and industrial growth, raise Nye County water district property taxes, and a parcel fee to get more budget revenue. He said a lot of things said during public comment that were going in the document were not substantiated.

Commissioner Borasky

did not want to belittle anyone under public comment, but felt November 9, 2012 8. Commissioners’iManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. when comments were put in a County document like that there should be an explanation it was just the public’s comments only, not the findings of the County itself.

Commissioner Borasky

advised that at the hearing for the Willow Creek pond cleanup

Mr. Scott

was jailed for 21 days for not complying with the court’s order. He hoped that would not create a problem with management of the flow of the water. Darrell Lacy advised he talked with Wendy Barnett of UICN who indicated that UICN was handling the wastewater from their treatment plant which went to the Willow Creek golf course for disposal and use. She indicated that UICN had been in contact with the bankruptcy court and the trustee. They did not have an agreement yet, but they felt they would have something worked out to handle the effluent. Mr. Lacy told her the County was interested in making sure the public health and safety was protected and to let the County know if there was something it needed to do. Ms. Barnett said she would keep the County informed, but Mr. Lacy had not heard anything else. 10:15 a.m. Recess to the Nye County Board of Road Commissioners THE NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS. THE BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS.

Commissioner HolIis

asked that item 9f be pulled for discussion.

Commissioner Borasky

made a motion to approve all items except those that were pu lied.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9j, 9m-9n, and 9p-9q.

Commissioner Wichman

asked for the motion to be modified as she wanted to pull item 9j for discussion. November 9, 2012 9a. For Possible Action Discussion of any item from the Consent Agenda Items that needs review before a decision is made.-Cont’d.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-91, and 9m-9q; seconded by Commissioner Hollis; 4 yeas. 9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner HoIlis; 4 yeas. 9c. For Possible Action — Approval of Assessor’s Office Change Request — NIA There was none. 9d. For Possible Action — Approval of Personnel Actions

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner Hollis; 4 yeas. 9e. For Possible Action Approval of a first amendment to the Solid Waste Franchise Agreement with Beatty Disposal Company for the collection and disposal of solid waste in the Beatty area for an additional five years. The services will be paid by the residentlbusiness requesting the services. This item was removed from the agenda. 9g. For Possible Action Approval of the Equipment Maintenance Agreements with RGS ReproGraphic Solutions for two KIP 3IO2CPS Digital Multi-Function system printer and scanners which is budgeted from Fund 10269 Mining Maps.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner HoIlis; 4 yeas. 9h. For Possible Action Approval to accept the US Department of Justice, Bureau of Justice Assistance FY 2012 State Alien Criminal Assistance Program Award. This is a reimbursement program for housing undocumented aliens. There is no County match required. This grant shall be administered from Fund 10340 Grants.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner HoIlis; 4 yeas. November 9, 2012

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner HoIlis; 4 yeas. 91. For Possible Action Approval to submit an application for grant funding to the US Environmental Protection Agency for a Brownfields Coalition Revolving Loan Fund grant to establish a revolving loan fund for cleanup activities at brownfields sites. There is a 20% match required, which can be met through private capital from loan recipients for cleanup and redevelopment, program income generated from interest payments on loans issued, the waiving of tipping fees for materials disposed of at local landfills, and other qualifying “in-kind” match. This item was removed from the agenda. 9m. For Possible Action Approval to select Gaudin Ford as the lowest most responsible and responsive quote for a remanufactured motor for a 2005 SO Ford Expedition K9 unit #713 and has not been budgeted but can be funded from Fund 10401 Capital.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner Hollis; 4 yeas. 9n. For Possible Action Approval of Letter of Authorization directing Charles Abbot Associates to perform a school traffic study and is budaeted under Project PWIOOI, Professional Engineering Services. Fund 10205 Roads. The Nve County School District has agreed to reimburse Public Works for half the cost of this study.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner Hollis; 4 yeas. 9o. For Possible Action Approval to select Motorola Solutions as the lowest most responsible and responsive quote to purchase two Motorola MTR 3000 Base Station Radios to replace existing radios that cannot be Narrowbanded and can be funded from Fund 10402 Special Capital Projects.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner Hollis; 4 yeas. November 9, 2012 9p. For Possible Action Adoption of Proclamation No. P2012-02: A proclamation for November 15, 2012 as National Rural Health Day in Nye County.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner Hollis: 4 yeas. 9g. For Possible Action Approval of the Termination and Release of Amended Temporary Road Easement between Ply. LLC (Grantor) and Nye County (Grantee) to terminate the road easement that provided alternative road access for the public’s use during the closure of certain portions of Blagg Road in Pahrump.

Commissioner Schinhofen

made a motion to approve items 9b, 9d, 9g-9i, and 9m-9q; seconded by Commissioner Hollis; 4 yeas. 9f. For Possible Action Approval to change the Director of Information Management Systems job description; there is no financial impact to the County. Bob Jones, President of the Nye County Management Employees Association (NCMEA), read a statement into the record regarding the approval of a contract by the Board of County Commissioners that the NCMEA did not ratify. He said there had been no communication between the NCMEA and the Board. Mr. Jones stated that Nevada Revised Statutes Chapter 288 did not give the Board the right to take away the employees’ constitutional rights and that there was a State law which required local governments to negotiate in good faith. He said the County had already lost a new department head under this misguided law and a second department head had given notice as he could no longer function under these conditions. He said as department heads part of their function was to give the Commissioners straight up news even if it was bad, which was hard to do under the threat of termination. He stated this was a represented position in the NCMEA and felt the Board was trying to change its description and make it a non-represented position because the NCMEA did not sign the contract.

Commissioner Schinhofen

asked Brian Kunzi for clarification.

Mr. Kunzi

said he would not debate this. The law was clear and the County had done nothing but follow the law, which removed all management from an association.’ If the members of the management association had a problem with it, then they needed to attack the people who passed the law, not this Board. Until that law was invalidated Mr. Kunzi could do nothing but recommend that the Board proceed forward that department heads had no protection and could not by law be allowed to be part of any association.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. November 9, 2012 91. For Possible Action Approval to select Technic Business Solutions as the lowest most responsible and responsive quote for a new line matrix printer and to select ABC Office as the lowest most responsible and responsive quote for a new forms burster for printing Notices of Assessment Values, Veterans Exemption Renewal Cards and Owner Occupancy Verification Cards and can be funded from Fund 10322 Assessor’s Technolociv Fund.

Commissioner Wichman

said a forms burster was something she used in 1974 on her very first job that ever used a computer. She asked if this was a name for something new or if it was the same thing she used in 1974. Lorina Dellinger stated it was the same thing because of the forms the Assessor’s Office used, but they could use single forms and not purchase it. Sam Merlino advised her office used a lot of these types of forms too and it was easier to use the larger printers with a continuous feed.

Commissioner Wichman

felt the County needed to stay current with technology and that it may be time to look at the different software available now.

Commissioner Borasky

made a motion to continue this item to the next meeting and get IT to weigh in on it as well as the Assessor’s Office; seconded by Commissioner Sch inhofen. Milan Dimic from the IT Department said he received this request a couple of months ago because the current printer and burster they had was not functioning anymore. The Assessor’s Office had just purchased forms and wanted to stick with the current solution.

Commissioner Schinhofen

asked if in the long run this would really be the best use of County funds. Mr. Dimic advised that part of it had to do with the AS400 system. The forms were already designed to fit on the burster. If mailers were bought, then someone would have to be paid to design the forms to fit.

Commissioner Schinhofen

asked if cost-wise this was the best approach. Mr. Dimic said their research indicated it was.

Commissioner Wichman

asked if other assessors in other counties and states used this technology. Mr. Dimic said they did not look at that, but there was different technology.

Commissioner Wichman

said she was leaning toward tabling this, but asked Mr. Dimic to look into what others did with the new technology and what the cost savings was.

Mr. Dimic

advised the problem was the current equipment was not working and the Assessor’s Office had deadlines.

Commissioner Schinhofen

withdrew his second. November 9, 2012 91. For Possible Action Approval to select Technic Business Solutions as the lowest most responsible and responsive quote for a new line matrix printer and to select ABC Office as the lowest most responsible and responsive quote for a new forms burster for printing Notices of Assessment Values, Veterans Exemption Renewal Cards and Owner Occupancy Verification Cards and can be funded from Fund 10322 Assessor’s Technology Fund.-Cont’d.

Commissioner Hollis

seconded the motion; 3 yeas. Commissioner Schinhofen voted no.

Commissioner Wichman

asked Commissioner Schinhofen why he voted no.

Commissioner Schinhofen

said because of the deadlines and that IT had answered his questions. 9k. For Possible Action Approval of a renewal Wholesale/Retail Fireworks Permit for Ninia Fireworks Company, LLC dba Blackiack Fireworks. Anthony McKoy, Applicant. Brian Kunzi advised the Commission that the two companies, Black Jack Fireworks and Ninja Fireworks, were involved in the construction of a tent and selling fireworks out of it. An investigation was done and criminal charges would be filed for violation of the fireworks code regarding that tent.

Commissioner Schinhofen

asked if he was advising the Board to not go forward. Mr. Kunzi said he was just providing the information.

Commissioner Borasky

asked if this would put them out of business or if there was time left on their permit. Callie Stark from the Sheriff’s Office advised their permit expired in October.

Commissioner Hollis

made a motion to approve; seconded by Commissioner Schinhofen; 2 yeas. Commissioners Wichman and Borasky voted no.

Commissioner Wichman

said she voted no based on the District Attorney’s recommendation. Commissioner Schinhofen stated he did not say to not go forward. He just advised that he was possibly filing charges.

Commissioner Eastley

was present. 9k. For Possible Action Approval of a renewal WholesalelRetail Fireworks Permit for Ninja Fireworks Company, LLC dba Blackiack Fireworks. Anthony McKoy, Applicant.-Reconsidered.

Commissioner Schinhofen

made a motion to reconsider item 9k; seconded by

Commissioner Borasky

; 5 yeas. November 9, 2012 9k. For Possible Action Approval of a renewal WholesalelRetail Fireworks Permit for Ninia Fireworks Company, LLC dba Blackjack Fireworks. Anthony McKoy, Applicant.-Reconsidered.-Cont’d.

Commissioner Wichman

advised Commissioner Eastley of the previous discussion.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. Commissioner Borasky voted no. 10:30 a.m. Recess to the Nye 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 Pam Webster was present. 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. hib. 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. lic. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. November 9, 2012 lid. For Possible Action Discussion and deliberation to: 1) set a date, time, and location for Nve County Bill No. 201 2-18: a bill proposing to amend Chapter 9.20, Prostitution, of the Nye County Code related to the licensing and regulation of prostitution, by removing the residency requirement for brothel license applicants and mandating annual, rather than quarterly, registration of employees; 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 record.

Commissioner Eastley

commented she was starting to get calls from some of the houses and agreed with their concerns about paying fees on an annual basis as opposed to quarterly. The workers paid the fees, not the houses, and many of them could not afford to pay them annually.

Commissioner Eastley

proposed Bill No. 2012-18 and set the date, time and location as December 4, 2012, at 10:45 a.m. in Tonopah; seconded by Commissioner Borasky; 5 yeas.

Commissioner Eastley

read the title of the bill into the record. 10:45 a.m. Timed Agenda Items: a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill. No. 2012-17: a bill proposing to amend Title 12 of the Nye 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.

Commissioner Wichman

opened and closed public hearing.

Commissioner Eastley

made a motion to adopt with an effective date of November 29, 2012; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

said he was concerned when he read a draft that said the head of Public Works would tell the people how much was due or how much it would cost, but it also stated that if the people did not agree they could come to the Board. That was why he supported the item, but he did not think it was needed.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Eastley

told Rick Marshall of the Sheriff’s Office that she had been on the Board and in the central Nevada area long enough to know this program was wonderful. It took a great deal of pressure off the general fund. She expressed her appreciation to Mr. Marshall for bringing this forward and to Sheriff DeMeo for supporting it.

Commissioner Wichman

said she also understood there had been quite a savings under this program. Mr. Marshall advised once it was up and running a net savings of $108,000.00 would be seen in the first year with double that in the second year, plus 4%. This did not include the savings due to the lessening of overtime expenditures.

Commissioner Eastley

asked if Mr. Marshall had a suitable pool of candidates identified.

Mr. Marshall

said he did. He stated in the last four testing cycles for deputy sheriffs there were 155 candidates, 83% of which said they were interested in a reserve program. 12. Clerk 12a. For Possible Action Pursuant to NRS 293.387 (1). Canvass of the returns of the General Election held on November 6. 2012.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley. Sam Merlino advised the election itself went very smoothly, but there was one anomaly on the results. During early voting someone must have coded one ballot incorrectly as a Precinct 99 was on the final report. It should probably have been a Precinct 9. This meant one person did not vote the full ballot, but they did vote the federal office. Mrs. Merlino just wanted to bring that to everyone’s attention. November 9, 2012 I 2a. For Possible Action Pursuant to NRS 293.387 (1). Canvass of the returns of the General Election held on November 6, 2012.-Cont’d.

Mrs. Merlino

said that although things went smoothly, it was a tough election for her office. There was a lot of work and a lot of yelling by many people. She thought it would be a good idea for the next presidential election to hire some additional office help due to the inundation of voting applications and absentee ballot requests. She said a little more money may have to be spent in a different area to keep the overtime and stress down.

Commissioner Eastley

recognized the outstanding work that Mrs. Merlino and her employees did. She had heard about some of the things that happened in the Clerk’s southern office and was sorry about that. She also thanked Mrs. Merlino for notifying Pam Webster and staff that she had to authorize some overtime and said that advance notice was appreciated.

Mrs. Webster

said she had received several comments from staff and others which she was asked to convey to Mrs. Merlino about how well the crowds moved through the system. The people were well trained, well informed, and really kept people moving through the lines and through the voting process. Mrs. Webster said it was just wonderful.

Commissioner Eastley

said that was a good point. They recognized the Clerk and her employees, as they should, but the poll workers were there very early in the morning until after the polls closed without breaks. They were friendly, accommodating, and helpful. They kept the crowds moving and probably took some of the same abuse as the employees.

Commissioner Borasky

made a motion based on staffs recommendation to appoint Robert King for a term expiring June, 2016; seconded by Commissioner Schinhofen; 5 yeas. 12c. For Possible Action Discussion and deliberation to appoint two members to the Beatty Library District due to the removal of Alpheus Bruton and resignation of John Cobert. These terms will expire January, 2013.

Commissioner Schinhofen

made a motion based on staffs recommendation to appoint Susan Lewis and John Wirth to terms expiring January, 2013; seconded by

Commissioner Borasky

. November 9, 2012 12c. For Possible Action Discussion and deliberation to appoint two members to the Beatty Library District due to the removal of Aipheus Bruton and resignation of John Cobert. These terms will expire January. 2013.-Cont’d.

Commissioner Eastley

asked if Aipheus Bruton was removed due to absenteeism. Sam Merlino said that was what she understood.

Commissioner Eastley

told Susan Paprocki she would like to see what all the other sources of revenue were included in the monthly report because she wanted to have some idea of the financial obligations that were out there that were not being met which affected general fund revenues and develop a strategy to collect those. Mrs. Paprocki said she did have a revenue report that she could present the next time.

Mrs. Webster

advised the important thing to look at was not only the revenue opportunities, but what the collection rate was on the ones the County had.

Commissioner Eastley

said she was talking about the uncollectible debt and would like to develop strategies to get that revenue collected. 8. Commissioners’IManaaer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Reopened.

Commissioner Eastley

told Darrell Lacy that at a meeting about a year ago someone had asked for an update from Mr. Osborne regarding various projects in Pahrump, the development agreements, and the status of those, which was never received. She asked Mr. Lacy for a commitment to bring that forward at the next Pahrump meeting. 23. Finance-Cont’d. 23b. Budget to Actual by Fund The report was in the backup.

Commissioner Wichman

asked if the 31.5% was as of the date of this report. Susan Paprocki said it was 29% as of the date of the report.

Commissioner Wichman

was curious about the drug forfeiture fund. Mrs. Paprocki explained that fund was budgeted as the revenue came in because it was unknown November 9, 2012 23b. Budget to Actual by Fund-Cont’d. what that would be. The budget was augmented and the initial budget was only the money in the fund.

Commissioner Wichman

asked what a drug forfeiture expenditure would be. Mrs. Paprocki said they had to be expenditures to promote the collection of drug forfeiture money, which had to go back into the Sheriffs Office. Brian Kunzi advised the money was used to purchase items that had to be used for law enforcement purposes. 23c. For Possible Action Discussion and deliberation regarding RFQ #2012-24 — — County Surveyor excluding Mining Maps, to accept the fee schedule submitted by Atkins North America. Inc and has been budgeted from Fund 10101 General.

Commissioner Eastley

made a motion to accept the fee schedule submitted by Atkins North America and adopt Nye County Resolution 2012-45; seconded by Commissioner Schinhofen based on staff recommendation. Judy Dodge from Purchasing advised the resolution would be corrected to include Tonopah, not just the Pahrump Regional Planning District.

Commissioner Eastley

amended her motion to amend and adopt the Resolution; seconded by Commissioner Schinhofen; 5 yeas. 23d. Possible Action Discussion and deliberation regarding RFP # 201 2-19 — — Landscaping Services for Various County Facilities in the Pahrump Area. The services will be funded from various funds.

Commissioner Schinhofen

made a motion based on staff recommendation to award to Gothic Grounds Management in the amount of $56,940.00, which will require an augment to General Fund 10101 in the amount of $15,300.00. The balance of $41,640.00 can be funded from various funds recommended by staff.

Commissioner Eastley

seconded the motion if they would come to Tonopah and water the dead trees and pull the weeds. Pam Webster said that could be arranged.

Commissioner Eastley

asked if all the liens had been lifted. Vincent Scoccia said they had.

Commissioner Eastley

asked if the building was his free and clear. Mr. Scoccia said it was.

Commissioner Eastley

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. November 9, 2012 33b. For Possible Action Discussion and deliberation on contract with Rural Nevada Economic Development LLC to help fund the efforts to develop and lobby for bill draft request to allow local governments to pursue economic development activities through the use of tax incentives and other funding alternatives. This item was removed from the agenda. 34. GENERAL PUBLIC COMMENT (second) There was none. 35. ANNOUNCEMENTS (second)

Commissioner Eastley

advised the Central Nevada Regional Water Authority would hold its annual symposium in Carson City at the Nugget on Tuesday, November 13, 2012. Over 100 participants were expected.

Commissioner Borasky

said on November 10, 2012, Nye Communities Coalition would have a yard sale at 1020 Wilson Road starting at 10:30 a.m. The funds would go to various charitable agencies.

Commissioner Schinhofen

said there would be a golf tournament at Mountain Falls for the NCRCC, and on November 24, 2012, at 10:00 a.m. the Pahrump Friends of the Library would have local authors with their books.

Commissioner Hollis

said he and his wife collect old bicycles during the year so they could give kids a good Christmas and asked for any bicycles people no longer wanted. 36. ADJOURNMENT

Commissioner Schinhofen

made a motion to adjourn; seconded by Commissioner Hollis; 5 yeas. APPROVED this ATTEST: Of ,2013. LQir I P e. Ny Coty Clerk I Deputy