December 4, 2012

Commissioner Hollis

said he would do his job and vote on every item on the agenda. December 4, 2012

Commissioner Wichman

presented a plaque to Commissioner Eastley in appreciation of her 12 years of service to Nye County. Dave Fanning, Public Works Director, presented Commissioner Eastley with a plaque signed by all the Public Works employees expressing appreciation for her help with the airports during her 12 years on the Board.

Commissioner Eastley

said she never ever believed or operated in a manner where she thought she did this alone because she did not do it alone. She had colleagues who supported her on everything and her hat was off to each of them over the years. She said she always appreciated what Commissioner Hollis said, that the reason he personally supported anything she brought forward was because no one understood her district the way she did and if she thought it would be good for her district it would be good for the County. Commissioner Eastley said it had been a pleasure and an honor to serve and while the voters had determined through term limits that these positions had a shelf life, she was not far away and to contact her if help was ever needed. Elizabeth Pittsley from Administration presented a plaque to Commissioner Hollis in grateful appreciation of his eight years of outstanding service. 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. 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. December 4, 2012

Commissioner Eastley

advised the Nye County History Program just came out with a video about the last American gold rush which follows the history of the last gold rush in the American west from Tonopah through Goldfield, Beatty, Rhyolite and Death Valley. Every museum would get an adequate supply to sell with the proceeds returned to the museums, and the libraries would have them as well. She hoped this would serve as the foundation for a tourism program for the central part of the State where the towns could apply for Commission on Tourism funding to do brochures that would tie back to the video.

Commissioner Schinhofen

announced that on December 6, 2012, from 6:30 p.m. to 8:30 p.m. there would be a presentation by Phil Hader about the founding of the United States at the NCRCC, 3370 S. Highway 160, Unit 6. This would be the first in a series.

Mrs. Merlino

stated she was rendered speechless a couple of weeks ago when the District Court was blamed for the Sheriff’s Office not getting the court dispositions done. She advised it was not the fault of the District Court. Staff had been providing extra information to the Sheriff’s Office for the past year for them to get their dispositions done. She said this matter may not be relevant to the Board, but the comments upset her staff and she wanted to bring this forward for the record. Pam Webster said she received an e-mail from Wayne Carlson from POOL/PACT offering to provide open meeting law and ethics training. The recommended dates were January 9, 10, or 11, 2013. After some discussion the training was scheduled for January 9, 2013. December 4, 2012 10:45 a.m. Public Hearings: a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 201 2-18: a bill proposing to amend Chapter 9.20 of the Nye Coun 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 mafters properly relating thereto.

Commissioner Wichman

stated that in writing this the way she did, to make it an annual fee, she created a situation where it would make it onerous on the person in that position. She späke with Tim Sutton and came up with an amendment. She said the licensing fees total $500.00 a year now, so she recommended a semi-annual fee of $225.00 and an annual fee of $425.00, which would give an incentive to license for a longer period of time and accomplish what she was trying to do, which was to reduce the time in the Sheriff’s Office to do quarterly licensing as well as clear up the non- constitutional residency requirement.

Commissioner Wichman

opened the public hearing. Bobby Davis, owner of the Shady Lady, said it created a hardship on the houses because there were girls who came to the house with $3.00 in their pockets, so a lot of houses usually had to pay the money. If four or five girls did that it would add up. She said right now this would create enough of a financial strain on herself that she would close. Emery Lesco thought it was a good idea. He had noticed the Sheriff’s Office was inundated on the first day of the quarter, which used up resources at the Sheriff’s Office that could be used in different ways. Mr. Lesco thought there should be communication between the Sheriff’s Office employees and the brothels so renewals could be done over the phone. He believed the quarterly fee of $125.00, the semi-annual fee of $225.00, and the annual fee of $425.00 made a lot of sense for the longer-term girls and that keeping the $125.00 in place made a lot of sense for the girls coming in who thought they would not do this for long.

Commissioner Eastley

thought it was a great idea, but said it took so long to process the work card because the person applying actually underwent a background check.

Commissioner Eastley

said that was her whole problem with annual registration because there had been plenty of times where the worker would apply for a renewal of their work card and they had outstanding warrants. If someone had outstanding warrants they could not work in the house and this would eliminate the opportunity to investigate that.

Ms. Davis

stated the problem with having it called in was that it was not known if that license was going to that girl. The girl had to show up to be sure that was the girl December 4, 2012 10:45 a.m. Public Hearings:-Cont’d. a. For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reiect Nve County Bill No. 201 2-18-Cont’d. renewing. She said she agreed with a graduated fee schedule and understood about girls that were long-term, but it was unknown if a girl would be long-term until she had been there. Secondly, there were girls in the smaller houses who arrived with no money, so the house had to come up with that money. Ms. Davis noted the small brothels did not get the fees the bigger houses got. Regarding the work cards, Ms. Davis said she would like to see it quarterly or as a choice for the girls because some girls may know that they would not be with a house any longer than two more weeks. She also suggested staggering dates so not all cards were renewed on the same day or making the card good for three months from the time the girl registered, which would eliminate the girls all coming in at the same time. Ms. Davis also suggested reducing the fee when a girl changed houses in the middle of a quarter.

Commissioner Wichman

closed the public hearing.

Commissioner Eastley

said she spoke with Rick Marshall of the Sheriff’s Office and asked him to go back for a one year period and tell her how many work cards were applied for and granted from the three offices which issued them. He told

Commissioner Eastley

there were 768 work cards issued in Pahrump, which were only issued on Monday through Wednesday; 202 work cards were issued in Beatty, and those were issued five days a week; and there were 46 work cards issued in Tonopah.

Commissioner Eastley

asked what the average amount of time was to process each card and was told each took between 15 and 20 minutes. Using the high side, it was a grand total of 1,106 work cards issued in a one year period with 20 minutes of processing time, which equaled 369 hours split between three County offices. It was not as much as she thought it would be. She supported Commissioner Wichman’s amendment of tiered fees.

Commissioner Eastley

made a motion to amend and adopt Bill No. 2012-18 provi\ding for a tiered structure that included $125.00 quarterly, $225.00 semi-annually, and if the person applying for the work card wanted to pay all at once it would be $425.00 annually, which would reflect a savings of $75.00 annually; seconded by Commissioner Hollis. Brian Kunzi suggested bringing this item back at the next meeting with a clean ordinance because the amendment would affect several pages. He said he would make the changes and bring it back for an effective date at that time.

Commissioner Schinhofen

asked staff to look at the other cards issued to see if they might be issued differently. December 4, 2012 10:45 a.m. Public Hearings:-Cont’d. a. For Possible Action Public Hearing, discussion, and deliberation to adopt. amend and adopt, or reject Nye County Bill No. 2012-18-Cont’d.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Schinhofen

asked if the County owned the property since it was a Treasurer’s trust property. Mr. Kunzi said no. The County held it in trust for the owners.

Commissioner Schinhofen

asked if the County would clean the property up and place a lien for that cost if it was declared a nuisance. He was told that was correct.

Commissioner Eastley

stated the difference between a public nuisance and a private nuisance was generally one of degree. A private nuisance was one that affected a single individual or a definite small number of persons in the enjoyment of private property rights that were not necessarily common to the public. A public nuisance was one which affected the rights that were enjoyed by citizens as a part of the public. Therefore, to constitute a public nuisance the nuisance had to affect a considerable number of people, an entire community, or an entire neighborhood.

Commissioner Eastley

made a motion to declare the property at 6880 Oakridge Avenue in Pahrump as a public nuisance based on the information and the supporting documentation and photographs that were brought forward by the Code Compliance Officer that will become part of the record; seconded by Commissioner Hollis.

Mr. Kunzi

advised a motion was also needed to adopt the resolution included in the back-up.

Commissioner Eastley

amended her motion to include adoption of Resolution 2012-51;

Commissioner Hollis

amended his second.

Commissioner Borasky

asked what separated this from the one that was in Amargosa Valley. Commissioner Eastley reminded him of the differences between a public nuisance and private nuisance. She said the grease rendering plant in Amargosa Valley was a private nuisance because of the fact there were no neighbors or buildings nearby. December 4, 2012 10:45 a.m. Public Hearings:-Cont’d. b. For Possible Action Public hearing, discussion, and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 6880 Oakridqe Aye, Pahrump, Nevada.-Cont’d.

Commissioner Schinhofen

noted the Board was charged with the public health and safety of citizens and he thought this was one of the most serious types of things the Board did, It was clear that this was a safety and public hazard to him.

Commissioner Schinhofen

asked Senator Goicoechea to explain what the Utah land bill was. Senator Goicoechea explained HB148 in Utah was passed through the Legislature, signed by the Governor, and included a laundry list of what lands should revert to the state and the monuments to be exempted. It was still a work in progress. Utah also had a committee called the Constitutional Defense Council working to try to answer all the questions that came up with the passage of the bill.

Commissioner Schinhofen

understood BLM was to manage the land until it could be returned to the State. Senator Goicoechea said most of the western states were admitted under the enabling act and the original policy in that act was the lands would be managed by the federal government until they could revert back to state government or be privatized. December 4, 2012 11:00 a.m. Report by Senator Goicoechea and Assemblyman Oscarson on Bill Draft Reciuests.-Cont’d.

Commissioner Eastley

asked Senator Goicoechea what prevented Congress from declaring a chunk of the land as wilderness before returning it to the State if it actually got that far. Senator Goicoechea said the committee would look at those wilderness areas.

Commissioner Wichman

volunteered to sit on the committee. She also referred the public to www.americanlandscouncil.com to learn more information about the Utah bill. Senator Goicoechea said he was also pursuing BDRs regarding the ability to register and insure larger ATVs; an appropriation for DRI for cloud seeding; requiring any land disposals to go back to the College of Agriculture; equine liabilities; reverting NDOT back to a division rather than a department; lot line adjustments; appropriations for snow water; the ability for local governments to monitor water wells when a water plan was in place and requiring the State Engineer to allow local governments to participate in that monitoring; binding arbitration; and water rights transfers.

Commissioner Eastley

said she wanted to talk to Senator Goicoechea about carrying a bill for the Nevada Airports Association to replenish the Aviation Trust Fund, which was a fund to provide the County match on the federally funded airport projects. Assemblyman Oscarson said he was working on the requirement to publish the tax rolls and the cost of that; the lands bill; a standard ground or castle doctrine to be sure there was equal representation; construction defect litigation rewording; and prevailing wage. He also saved a BDR if Nye County wanted him to carry something forward. Assemblyman Ira Hansen informed the Board a bill was introduced to take away the ability of a county to regulate any activity on BLM land if the BLM granted a permit for it. If that passed, there would be no county commission authority because anything that happened on BLM land would not be subject to county regulation. He was also working on the sage grouse issue; elimination of subsidies for green businesses; and another version of the Utah land bill.

Commissioner Wichman

suggested a BDR regarding the NRS that required the counties and the State to post signs on all roads showing the distance to the nearest water.

Commissioner Schinhofen

said he would like to have someone bring forward a bill that those municipalities with populations under 100,000 could opt out of collective bargaining. Assemblyman Hansen advised the Assembly took NRS 288 on last time and offered to give the sunset of taxes if they got prevailing wage, education reform, NRS 288 and constructional defect. They were told point blank that was not going to happen. December 4, 2012 11:00 a.m. Report by Senator Goicoechea and Assemblyman Oscarson on Bill Draft Repuests.-Cont’d.

Commissioner Schinhofen

pointed out that the under 100,000 threshold would leave Clark and Washoe Counties out and help the smaller counties. Senator Goicoechea assured him NRS 288 would be on the table along with prevailing wage. John Bosta asked Assemblyman Oscarson why he did not mention Bill 21 regarding payment in lieu of taxes which would strike the word “may” and put in the word “shall” so the money would pass down to the town board. Mr. Bosta had hoped Assemblyman Oscarson would carry that forward. Assemblyman Oscarson explained he was in the process of having it researched to see if it was feasible and he did not mention it because he would not promise to do something he was not going to do.

Commissioner Eastley

informed Senator Goicoechea that NACO had formed a Board of the Emeritus and would make appointments after the beginning of the year of commissioners who had termed out of office with extensive experience in county government. She said those former elected officials would be available to testify on bills or help lobbying and urged Senator Goicoechea to talk to Jeff Fontaine about it. Assemblyman Oscarson said he had several discussions with Nye County staff regarding some EMS issues that may be before the Legislature this session as well as some healthcare issues. He would be monitoring that to make sure the critical care hospital stayed in Nye County.

Commissioner Schinhofen

asked that item 9h be pulled for discussion.

Commissioner Eastley

made a motion to approve all items except 9h. Pam Webster said Commissioner Borasky had a question on 9c.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9b. For Possible Action — Approval of Elected Official Collection Report — NIA

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. December 4, 2012 9d. For Possible Action — Approval of Personnel Actions

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9e. For Possible Action Approval of a contract with Akerman Senterfitt for all federal representational lobbying activities.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9f. For Possible Action Approval of Change Order No. 16 to the contract with Wulfenstein Construction. Inc. on the Blagg Road Sewer Line Trench Backfill Replacement Proiect PEI 202.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9g. For Possible Action Approval to grant perpetual and temporary easements for Valley Electric Association transmission lines, Pahrump, Nye County, Nevada.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9i. For Possible Action Approval of change orders and no-cost extensions for three (3) State of Nevada Division of Emergency Management (DEM) Emergency Preparedness Working Group (EPWG) grants.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9i. For Possible Action Approval of Change Order No. I to the contract with Nye County School District to provide fleet courier services.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9k. For Possible Action Approval to accept a Software License Agreement with The Center for Applied Management Practices, Inc. to use Version 2.0 of the eLogic Model Manager for the Community Service Block Grant Programs.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. December 4, 2012

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9m. For Possible Action Approval to pay state obligated assessments for Fiscal Year 2012-2013 from FundlO3Ol Special Projects Endowment.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9n. For Possible Action Approval to issue a Display Fireworks Event Permit to the Amargosa Town.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9o. For Possible Action Approval of Change Order No. I to the contract with Beattv Graphics SM Productions for the conversion of Nye County History Project documents and cassettes to electronic format.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9p. For Possible Action Approval to enter into a contract with the United States Department of the Interior. National Park Service. Death Valley National Park (DEVA) to allow the National Park Service to install two microwave dishes and associated hardware at the Nye County West Side Tower in Pahrump.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9g. For Possible Action Approval to authorize for programming and services provided by Advanced Data Systems to develop web services to serve DMV on line renewal process by interfacing with exemption files.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. December 4, 2012 9r. For Possible Action Approval to renew Recreation and Public Purposes (R&PP) Lease N-3472601 Round Mountain Solid Waste Site, N-3682101 Tonopah Solid Waste Disposal Site, and N-3563901 Beatty Bin Station for a period of 5 years.

Commissioner Eastley

amended her motion to approve the consent agenda with the exception of items 9c and 9h; seconded by Commissioner Schinhofen; 5 yeas. 9c. For Possible Action — Approval of Assessor’s Office Chance Request

Commissioner Borasky

requested someone from the Assessor’s Office explain to him why they were doing this, who initiated it, and where they were getting the incentive to do this.

Commissioner Eastley

said a couple of bills that went before the Legislature provided for sales and property tax abatements for renewable energy companies, but the only taxes that were abated were the County taxes. The State and school taxes were left whole.

Commissioner Borasky

asked Marie Becht of the Assessor’s Office if the solar companies initiated this or if it was done through her office. Commissioner Eastley said Solar Reserve made the application. She appeared at the abatement hearing and testified on behalf of Nye County. The abatement was granted and it was a 20-year abatement of the County taxes.

Ms. Becht

said since the bill passed the Department of Taxation sent guidance letters on how to appropriate the funds or how to tax them. They were given a 55% abatement from that money and paid on 45% of their assessed value. When that money was received the County kept 55% of that 45% and the remaining 45% went back to the renewable energy fund created by NRS.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 9h. For Possible Action Approval of the Amended and Restated Solid Waste Franchise Agreement with Beattv Disposal for the collection and disposal of solid waste in the Beatty area. Bob Grossbeck from Beatty Disposal was present. Brian Kunzi said he would like get this amended contract approved with the exception of Article 8 as issues regarding the CPI increase still needed to be worked out. He said Beatty Disposal had the contract for 15 years with no rate increases so it was appropriate to address these types of cost numbers, but it needed more specificity. He explained the current contract mentioned a 15 year contract period with a five year option to renew and that renewal period was starting now. If the Board was willing to December 4, 2012 9h. For Possible Action Approval of the Amended and Restated Solid Waste Franchise Aareement with Beattv Disposal for the collection and disposal of solid waste in the Beattv area.-Cont’d. accept the contract as proposed with the new 15 year term, then he would bring it back at the next meeting.

Commissioner Schinhofen

made a motion to approve with the exception of Article 8; seconded by Commissioner Eastley; 5 yeas. The Board was in recess until 1:45 p.m. 8. Commissioners’IManaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshops!aqendas)-Reopened.

Commissioner Schinhofen

asked when the property maintenance code would be brought back. Pam Webster said she would follow up with George Bernath.

Commissioner Schinhofen

reminded staff that last month he had asked for the Solar Reserve development agreement to be put on the agenda to see how they were doing with hiring in-state Nevadans. Commissioner Eastley said they would not meet that goal for a number of reasons, which both the County and Solar Reserve expected.

Commissioner Eastley

attended a meeting of the Test Site Advisory Board in Las Vegas and Levi Kryder from County staff presented a Far Field Hydrogeologic Characterization Relevant to Underground Nuclear Test Areas Proposal in Nye County. The hope was that DOE would fund some additional water testing as one of their work projects for this fiscal year. The advisory board approved it to be passed along as a recommendation to DOE with comment. Commissioner Eastley said she was surprised to see that the voting Nye County members on that board were not supportive of Nye County’s request. She was also disappointed that DOE mentioned Darrell Lacy by name and said that Mr. Lacy would not be permitted to make any comments on the proposal on behalf of Nye County although Mr. Lacy was behind putting the proposal together.

Mr. Lacy

said he had been working on the proposal with them for a couple of years and they finally brought it in front of the advisory board to see if they would support it. The majority of the people on the board were from Clark County, who did not represent anything other than themselves on that federal advisory board. He explained the claim was that under the Federal Advisory Committee Act there were specific rules that only the presenter and the advisory board members were allowed to speak. In the past he had interjected comments on things, but they did not think that was the purpose of the meeting. He was told if he had comments that he had to bring them through one of the board members. Mr. Lacy said this proposal was for the area upstream from Beatty where the nuclides were found, and comments made at the meeting were that the funding was limited and if this was funded then there would be no funding for some projects. December 4, 2012 8. Commissioners’IManaaer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Reopened.-Cont’d.

Commissioner Schinhofen

said he is on the LEPC subcommittee regarding HAZMAT response and he will bring a complete report to the Board in the future.

Commissioner Hollis

said he had put in to be a member of the Nuclear Advisory Board and was told he had too many conflicts. He would put his name in again after January. He said a lot of the people on the board were DOE indoctrinated and would vote positively for anything DOE presented. This was not the first time he heard that Nye County people did not vote for Nye County issues. He felt this was a good project and noted he had said many times the water migrating south needed to be clean. He was told he should start at the local level and then go to DOE.

Commissioner Borasky

said 3021 Cactus Street in Pahrump was a house that was built but never lived in and the windows were broken out. He asked if George Bernath had taken a look at it because he kept getting e-mails from town board members about it and he believed it was more of a County issue than a town issue. Mr. Bernath said he had looked at it but had not received a written complaint and he could not take action until a complaint was received.

Commissioner Borasky

said he would keep Mr. Bernath informed and let the town board members know the complaint had to be made to Code Enforcement. Pam Webster advised the Belmont courthouse roof was finished. She also had a quote for the chimney caps that she would authorize and bring back to the Board since it was in her signature authority and within the budget. She said the Park Service would work with the County to continue that coordination.

Commissioner Wichman

asked Brian Kunzi to provide her with what she needed to do in order to use volunteers on the Manhattan church roof because she had been told that she could use them and that she could not use them. She had volunteers ready to replace the roof but wanted to make sure she was in line with the rules and laws. PUBLIC OFFICIALS 10. Assessor This item was removed from the agenda. December 4, 2012 11. Board of Commissioners II 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 ersonneI matters. This item was removed from the agenda. ii 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. ilc. For Possible Action Discussion and deliberation on labor negotiations, issues and other oersonnel matters presented in closed meeting. This item was removed from the agenda. lid. For Possible Action Discussion and deliberation to approve to designate an additional 10 acres of 2871 E. Mesquite Ave. for the Multipurpose Training Facility prolect. Although Commissioner Schinhofen thought this was a worthwhile project, he did not think the ten acres identified were the best and felt the ten acres immediately east of the subject ten acres would be the best so the property was along Mesquite. There was discussion regarding which ten acres should be designated.

Commissioner Eastley

made a motion to approve and designate the ten acres to the northwest of the property; seconded by Commissioner Schinhofen.

Commissioner Borasky

wondered why anything was being designated without some sort of a plan of what was going to be done and where the money would come from. He had supported the training center up until now, but until he saw some assurances that the facility was being used to the maximum and the County was being reimbursed by other agencies coming in he did not understand the need to set any land aside without a plan.

Commissioner Hollis

thought Mark Haffield had done a tremendous job and that giving him a contract for five years was reasonable. December 4, 2012 lie. For Possible Action Discussion and deliberation on approval of an employment agreement with Mark Hatfield.-Cont’d.

Commissioner Schinhofen

also thought Mr. Haffield had done a wonderful job, but he did not think contracts for at-will employees was a good idea.

Commissioner Schinhofen

made a motion to deny; seconded by Commissioner Eastley.

Commissioner Eastley

did not understand why a contract was being presented when the Board had accepted Mr. Hatfield’s resignation.

Mr. Hatfield

advised there was no term in the agreement and explained the purpose of his resignation was so he could live with his wife. She was ready to move here, but circumstances changed that situation. He said he was willing to stay in his position under the terms of this agreement, which addressed one of the major concerns he had.

Commissioner Eastley

asked if his concern was rooted in the legislative change which removed people from collective bargaining. Mr. Hatfield said that was correct.

Commissioner Eastley

said she seconded the motion not because she did not think an employment agreement was a bad idea, but because there were a number of excellent management employees in the same position and she would have preferred to bring a blanket agreement forward for all of them as opposed to for one individual.

Commissioner Schinhofen

made a motion to appoint Joseph Hendrick and Kenneth House based on staff recommendation with terms expiring January, 2015, and appoint Dennis Clinton with a term expiring January, 2014 based on the election results; seconded by Commissioner Eastley; 5 yeas. December 4, 2012 12b. For Possible Action Discussion and deliberation pursuant to NCC 17.04.860 to: 1) determine the allowable costs incurred in connection with the abatement of the nuisance at 561 W. Irene St. APN 035-161-31, legal owner, Rick Flores, in order for the Board to determine the amount to attach as a lien to the property; and 2) adopt, amend and adopt or reject Nye County Resolution No. 2012-46. Rick Flores, the owner of the property, advised he had heard the cost was up to $6,000.00 and wanted the County to know that he was told he was allowed his tractor and some farm equipment, but the County took those and sold them to recyclers. He further advised there was only one officer present during the clean-up. He felt the County’s cost to clean-up the property should be washed by the money the County gained by selling the items which were removed from the property.

Commissioner Eastley

said pursuant to Nye County Code Section 17.40.860, a statement of work and costs was submitted to the Nye County Clerk outlining the work done and the costs incurred in connection with the abatement on this property at 561 W. Irene Street. She had reviewed the backup and it was Commissioner Eastley’s opinion that the costs and expenses were proper.

Commissioner Eastley

made a motion to adopt Resolution No. 2012-46; seconded by

Mr. Flores

noted the cost of moving the tractor and the cost of the metals netted the County $7,650.00. He felt the County was double dipping by charging him when it took the metals he was told he could have.

Commissioner Schinhofen

said he was loathe to do anything on private property, but after five years and plenty of deliberation he was satisfied.

Commissioner Schinhofen

made a motion to name Brent Farr to do the appraisal and the County Manager would bring back the contract; seconded by Commissioner Hollis.

Commissioner Borasky

asked if this would be the last step in this process and wondered what happened to the appraisal Dan McArthur did. Mrs. Webster explained

Mr. McArthur

did cash flow models, not an appraisal, and Mr. Farr did the engineering evaluation of the assets so he could then follow up with the appraisal of the assets. John Bosta encouraged the Board to consider delaying this contract since some of the assets to be appraised were in litigation and were included in a bankruptcy. He noted there was property included in the public utility system with APN numbers that were not on the Assessor’s tax roll and wondered what the person would appraise.

Commissioner Eastley

explained this was the Hafen water system and thought Mr. Bosta was talking about Willow Creek. Mr. Bosta said he was talking about Subdivisions 3 and 4 which had not been developed and asked again how something that was never developed could be appraised. December 4, 2012 20a. For Possible Action Discussion and deliberation to: 1) approve funding for an appraisal on the Pahrump Utility Company. Inc.; and 2) identification of company to perform the appraisal.-Cont’d. Gregory Hafen II stated Mr. Bosta’s comments were false. There was no land in litigation or bankruptcy and he was not aware of the APN numbers not being on the Assessor’s tax roll.

Commissioner Schinhofen

made a motion to award the bid to Pahrump Valley Disposal as the most responsible and responsive bid in the amount of $39,997.12 with funds collected from the sale of the scrap metal credited to Fund 10510, Tonopah Landfill Operations, based on staff recommendation; seconded by Commissioner Hollis. Brian Kunzi said the bid needed to be turned into a contract so execution of the contract had to be authorized.

Commissioner Schinhofen

amended his motion to also authorize execution of a contract; Commissioner Hollis amended his second; 5 yeas. 23b. General Fund Cost Performance Report Susan Paprocki explained this was the report at the close of processing of fiscal year 2011-2012. 23c. Budget to Actual by Fund Susan Paprocki said this report also included the 20 11-2012 fiscal year at the end as well as the current fiscal year 2012-2013. December 4, 2012 24. Health & Human Services This item was removed from the agenda. 25. HIR and Risk Management This item was removed from the agenda. 26. Information Technology This item was removed from the agenda. 27. Nuclear Waste Repository Proiect Office This item was removed from the agenda. 28. PlanninglBuilding 28a. Ex Parte Communications and Conflict of Interest Disclosure Statements There were none. 28b. For Possible Action Discussion and deliberation on a request for: 1) approval of an Application for a Parcel Map proposing to divide approximately 4.10 acres into one 3.47 acre parcel and one .62 acre parcel. Raymond G. & Grace Elaine Jensen Owners. AP #08-261-48 located in Tonopah (PM-12-0005): 2) request for one waiver: WV-12-0003 request for a waiver of the requirement to provide contour information pursuant to Nve County Code 16.20.115.A.6

Commissioner Eastley

made a motion to approve the Jensen parcel map subject to the conditions as outlined in the conditions of approval section of the report after having made the findings included or outlined in the staff report and to grant the waiver; seconded by Commissioner Schinhofen; 5 yeas. 29. Public Administrator This item was removed from the agenda. December 4, 2012 30. Public Works 30a. For Possible Action Discussion and deliberation concerning setting a date, time, and location for a Public Hearing on the results of Public Works identification and determination of improved roads and streets maintained by Nye County during Calendar Year 2012 for the purposes of compliance with Nevada Revised Statutes Chapter 365.550 with respect to Proceeds of Tax Levied pursuant to NRS 365.180; and other matters properly related thereto.

Commissioner Schinhofen

made a motion to set the public hearing for the January 22, 2013, Board of County Commissioners meeting at 10:45 a.m. in Pahrump based on staff recommendation; seconded by Commissioner Borasky; 5 yeas. OTHER BUSINESS 32. Town BoardslTown Advisory Boards 32a. For Possible Action Discussion and deliberation to appoint three members to the Beatty Town Advisory Board due to three expiring terms on December 31, 2012.

Commissioner Eastley

made a motion to reappoint Kelly Carroll, Richard Gardner, and Crystal Taylor; seconded by Commissioner Schinhofen; 5 yeas. 32b. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a Public Hearing on Nye County Bill No. 201 2-19: a Bill proposing to amend Nye County Code Title 19, Beatty, by amending Chapter 19.04 Section 19.04.050 regarding appointment and removal of the fire chief, Section 19.04.110 records and reports, Section 19.04.130 badges. Section 19.04.140 insignia and Section 19.04.250 empowerment; and other matters properly relating thereto.

Commissioner Schinhofen

proposed Bill No. 2012-1 9.

Commissioner Schinhofen

made a motion to set the public hearing for January 7, 2013, at 10:45 a.m. in Tonopah; seconded by Commissioner Eastley; 5 yeas.

Commissioner Schinhofen

read the title in to the record. 31. Senior Services This item was removed from the agenda. December 4, 2012 33. Public Petitioners 33a. 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 develonment activities through the use of tax incentives and other funding alternatives. This item was removed from the agenda. 33b. Presentation of letter from the Nye County Safety Committee to the Nye County Board of Commissioners regarding the safety and staffing levels in the Pahrump and Tonopah iails. Qiana Medici of the Nye County Safety Committee said these issues were brought to the attention of the Safety Committee in July of this year. After several updates were provided to the Safety Committee it was decided that it was necessary to put together a letter and present it to the Commissioners to let them know that the Safety Committee was aware that there were staffing concerns and the Safety Committee hoped they were being addressed adequately.

Commissioner Wichman

noted she read a Tonopah Times article which said this was a 224 bed facility. David Boruchowitz said that was the maximum.

Commissioner Wichman

said the safety study indicated there were 31 people required.

Mr. Boruchowitz

advised the study was conducted by Rick Marshall and other members of the County and if the staffing was even close to that the members would be safer in this environment. Brian Kunzi cautioned that this was part of the litigation and grievances filed. Mr. Boruchowitz stated the litigation and grievances were dead based on the answers that were received.

Mr. Kunzi

stated that Mr. Boruchowitz was grossly misstating what Mr. Kunzi had said. There was litigation, the litigation was dismissed, and there was a grievance pending. He advised this should not be discussed in public given the nature of it.

Mr. Boruchowitz

said the grievance Mr. Kunzi referred to had come to a halt, but he hoped the Commissioners were concerned with the safety of the employees.

Commissioner Wichman

said according to what she read in the paper and what Mr. Boruchowitz just confirmed there were now 17 people on staff and the Sheriff was quoted as saying there were 60 prisoners in there. Mr. Boruchowitz said there were over 100 prisoners as of today.

Commissioner Wichman

asked if there were currently 17 people on staff there. Mr. Boruchowitz advised there were not 17 working deputies in the facility. December 4, 2012 33b.. Presentation of letter from the Nve County Safety Committee to the Nye County Board of Commissioners regarding the safety and staffing levels in the Pahrump and Tonopah jails.-Cont’d.

Mr. Kunzi

again cautioned that this was not a proper forum for this discussion. What they claimed as facts was highly contested and totally false, and there were a lot of bad assumptions going into this. The grievances were not dead, but there was no evidence presented that there were any safety issues in the jail staffing based on the operational demands being determined by the Sheriff. Until any substantive evidence was received that they had been advised to provide there was nothing to go forward with, If they chose to not take the next step in the grievance process that was their decision. Rick Marshall from the Sheriff’s Office said the Safety Committee stated they had meetings, but no one from the Sheriffs Office had participated in them. He also advised that the only reason the facility currently had over 100 inmates was because some inmates were transferred down from Tonopah on a temporary basis while the control panel was being worked on. He said that should be done by Monday or Tuesday, at which time the inmates would be transferred back to Tonopah.

Commissioner Schinhofen

said he took this seriously and appreciated the Safety Committee bringing this forward. He wanted the County Manager to get with the Safety Committee to get the specific concerns and the criteria used to come up with this concern so the Board could be better informed.

Commissioner Eastley

respecifully and vehemently disagreed. She said the function of the Board was to set the budget for the Sheriff of Nye County to conduct his business. Staffing was not the Board’s concern. The Sheriff was free to do as he pleased with the funds he was given and if he wanted to increase staffing in the jail he was more than welcome to use that money to transfer employees out of other areas. She would not welcome any involvement by the County Manager on this item as this was between the Sheriff and the bargaining unit.

Commissioner Schinhofen

agreed with Commissioner Eastley, but wanted to know how they determined there were safety issues.

Mr. Kunzi

advised that statutorily it was the duty of the Sheriff to care for the inmates. He said this had been blown out of proportion and there was a process they had to follow since this was a union issue. They had been told to follow the collective bargaining agreement, but not one piece of any factual evidence had been provided that would suggest that there were any safety issues in this jail. Until that information was received there was nothing that could be done from a management standpoint. December 4, 2012 34. GENERAL PUBLIC COMMENT (second) Callie Stark from the Sheriff’s Office clarified statements she made at the last meeting regarding hiring a temporary employee for the Sheriff’s Office. She stated none of the statements she made were intended to slander or put the blame on any other person or department. Her comments were with regard to Commissioner Eastley’s valid concerns regarding the dispositions dating back to 2004. She said all of the dispositions coming in now were from a former Sheriff’s Office employee who noticed them in the case files and was working diligently with Mrs. Stark. Mrs. Stark said that employee should be commended for her work. 35. ANNOUNCEMENTS (second) There were none. 36. ADJOURNMENT

Chair Nye

outy Clerk I Deputy