Public meetings / Board of County Commissioners

December 18, 2012

158 turns, 158 with a named speaker, under 4 agenda items. The words and the names are the county clerk's.

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1. Pledge of Allegiance

Commissioner Eastley

was not present

5. Awards and Presentations

Ms. Wherry

described Healthy People 2010, a publication they had finalized in the last year. She also informed the Board of a Web site which provided annual county health rankings, which was useful for grant writing purposes. Maureen Budahi said in Pahrump and Tonopah they had provided 1,128 child health services; 937 adult weliness services; 268 tuberculosis services; and 187 STD diagnoses and treatment, for a total of 2,403 clients. In addition to that, the WIC clinics had about 920 participants. These numbers represented unduplicated patients. Joe Pollock spoke on the environmental health services and listed the activities in Nye County as well as the rest of the State, such as food establishments in schools, institutions and jails. There were 349 food establishments permitted in Nye County and the County paid $78,673.00 for environmental health services.

Mr. Pollock

advised in the past twelve months 557 inspections were conducted, which included 351 restaurants/bars/caterers, ten bakeries/warehouses, 89 school/school kitchens, eight jail institutions, six RV parks, two pools and spas, and a bottled water processer in Gabbs. Three septic system permits were also issued in Amargosa Valley. There were 109 food establishments that had at least one critical violation, meaning an eminent health hazard existed, which were resolved. There were no outbreaks of food borne illnesses in Nye County. December 18, 2012 10:00 a.m. Timed Aaenda ltems:-Cont’d. b. Presentation by Nevada State Health Division regarding county data of the Community Health Nursing Program and Environmental Health Program.-Cont’d.

Ms. Wherry

explained that SB471, which passed a lot of the costs for these services down to the counties, allowed counties to opt out of the programs that were taxing them. Carson City had been working with Douglas, Lyon and Storey Counties and was considering creating a quad-county environmental health program. Douglas County was one of their largest restaurant areas for food establishments, so if the quad-county program was formed and they lost that volume, the price to the rest of the counties for the environmental health services would increase.

Commissioner Eastley

asked if there was any pending legislation that would change any of the statutes that were on the books right now as they related to these things. Ms. Wherry said she had been monitoring the bill draft request line items, but she had not seen anything at this point in time. There were concerns about the food code that they had been trying to update to make it current with the FDA and their requirements for food safety. There had been challenges getting it through the Legislative Council Bureau, but she thought the concerns had been addressed. They were taking it back to the Health Board with the goal of getting it through the Legislature for final approval

Commissioner Eastley

said she had heard repeatedly from the same couple of individuals as it related to the code requirements for barbeque wagons and how it was next to impossible to comply with them. Mr. Pollock offered to work with any of the operators who were having difficulty complying with the code.

Ms. Wherry

gave an update on the department’s budget proposal. It was submitted to the Governor with a proposal to split apart mental health and developmental services, with mental health services merging with public health and developmental health merging with aging and disability services. The merging of mental health and public health created an awareness of the data used to look at population. Ms. Wherry said they were using data driving decision making to work with the mental health people to look at the larger system and what some of the issues were. She hoped to partner with the criminal justice system to assist those with mental illnesses to potentially reduce repeat offenders.

Ms. Wherry

said they had been working in last couple of years to implement an electronic software program for the community health nursing clinic for scheduling of appointments, billing, and medical record documentation. Since the Governor had announced that he intended to have the Medicaid expansion program in his budget, their clinic had to have the ability to bill the insurance companies. The greatest challenge, which Ms. Wherry said they would share with the Legislature, was that because they were not a primary care clinic many of the insurance companies did not recognize them. She said they were working hard to collect that data and at some point December 18, 2012 10:00 a.m. Timed Agenda ltems:-Cont’d. b. Presentation by Nevada State Health Division regarding county data of the Community Health Nursing Program and Environmental Health Program.-Cont’d. in time they may suggest an insurance reform to require insurance companies to recognize them.

Ms. Wherry

also discussed the “fiscal cliff” and how a 7.6%-8.4% cut in federal dollars to their nursing program was possible. She said services had been narrowed as much as possible to keep costs down to avoid layoffs and reduction of services. She said they would come back to the County if needed for changes that would have to occur due to a significant cut in federal funding. This was one of the reasons they were trying to bill the third party payers. 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. BACK TO BCC

28. PlanninqlBuildincilCode Compliance 11:00 a.m. Public Hearing Items

Commissioner Wichman

opened and closed the public hearing. Regarding Item 28.2.A.1., Brian Kunzi explained that in order to abandon a portion of the road the Board had to sign an order which had to be recorded. His office would prepare the order after the Board took the action to authorize execution of the order.

Commissioner Eastley

made a motion to approve and authorize execution of the order; seconded by Commissioner Schinhofen; 4 yeas. Regarding Item 28.2.A.2. Commissioner Eastley noted the general information summary said Public Works had reviewed the proposed offer and recommended acceptance of the dedication and the maintenance and asked Dave Fanning why the maintenance would be accepted. Mr. Fanning explained Nye County had never accepted maintenance of the right-of-way in the past and was not accepting the maintenance now.

Mr. Kunzi

said discussions had been held regarding acceptance of a map and unless the Board accepted or rejected the dedication of a public road it became a public road. However, that was only one part of the equation. Mr. Kunzi explained the public could use the road if it was accepted, but in the past the issues of acceptance of the road and maintenance responsibilities for the road had been married together and they were two entirely separate issues. Acceptance of the dedication of a public road would allow the Board to control what happened within the easement, but to avoid the responsibility for maintaining the road it must be designated as a minor County road.

Commissioner Wichman

asked if the Board could accept it and instruct staff to designate it. Mr. Kunzi explained it could not be designated without a public hearing. He further explained that maintenance did not mean the road had to be paved, graded, or anything. It could be a dirt road or a jeep trail, and a road only had to be built when it was wanted. Mr. Fanning clarified that in Pahrump it was a requirement. December 18, 2012 28.2. For Possible Action Public Hearing, discussion and deliberation on the following Planning and Zoning matters:-Cont’d. 28.2.A. Public Hearing on Road Abandonment and Related Offer of Dedication: Cont’d. 28.2.A.1. For Possible Action — Road Abandonment AB-12-0001 :-Cont’d. 28.2.A.2. For Possible Action — Offer of Dedication OD-12-0001:-Cont’d.

Commissioner Wichman

reopened public hearing. Tim Hafen provided the background on this dedication and said they wanted to abandon the 40-foot easement on one parcel, which was wider on one end, and give a 30-foot easement on both parcels.

Commissioner Wichman

closed the public hearing.

Mr. Kunzi

recommended the Board accept the offer of dedication only.

Commissioner Borasky

made a motion to accept the offer of dedication; seconded by

Commissioner Schinhofen

; 4 yeas. 28.2.B. Master Plan Amendment and Related Zone Change Application: 28.2.B.1. For Possible Action MP-12-0008: (Minor) Master Plan Amendment application to change approximately 14.63 acres (total) on two individual parcels from the General Commercial Land Use Designation to the Community Facilities Land Use Designation, for properties known as Calvada Valley Unit 6, Parcels I and 2, located at 701 & 751 S. East Street Town of Pahrump & Pahrump Library District Property Owners. Nye County Zoning Administrator Applicant AP#’s 38-271-18 & 38-271-19. 28.2.B.2. For Possible Action ZC-12-O010: (Non-Conforming) Zone Change application to change approximately 14.63 acres (total) on two individual parcels from the General Commercial (GC) Zoning District to the Community Facilities (CF) Zoning District, for properties known as Calvada Valley Unit 6, Parcels I and 2, located at 701 & 751 S. East Street. Town of Pahrump & Pahrump Library District Property Owners. Nye County Zoning Administrator Applicant. AP#’s 38-271 -18 & 38-271-19.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Eastley

expressed concern with this item as Dave Fanning’s public comment was not included in the RPC’s recommendations for special conditions of approval and she did not see anything in the backup explaining why his December 18, 2012 28.2.B. Master Plan Amendment and Related Zone Change Application:-Cont’d. 28.2.B.1. For Possible Action — MP-12-0008:-Cont’d. 28.2.B.2. For Possible Action — ZC-12-O01O:-Cont’d. recommendation was not included. Steve Osborne from Planning stated it was because Mr. Fanning’s comment was viewed as more of a housekeeping item. This agenda item was to place proper zoning on these parcels and there was no proposed development.

Commissioner Eastley

asked where the restrictions would be noted if development were to occur. Brian Kunzi said the only action to be taken today was rezoning of the two parcels. If there was development then that new development would have to be compatible with the use designated for the community facilities land use designation. The Board was not precluding activity in the future and the new use would just have to conform to the designation.

Commissioner Eastley

asked if the comment from Public Works on improving the alley as described in the recorded document would apply when there was some development. Mr. Kunzi said the issues with the roadways would come in if there was any proposed development.

Mr. Fanning

said this was just a zoning change, but he wanted to make sure the abutting properties on either side still showed that they had their right-of-way access, which was not the case in point with this zoning change. He was just preserving it for the future.

Commissioner Eastley

made a motion approve MP-12-0008 and ZC-12-0010 as per the recommendation of the Pahrump Regional Planning Commission with no special conditions of approval on either one; seconded by Commissioner Borasky; 4 yeas. 28.2.C.2. For Possible Action Bill 2012-11: Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2012-11: A Bill proposing to amend Nye 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 Pahrump 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.

Commissioner Wichman

opened the public hearing. December 18, 2012 28.2.C.2. For Possible Action Bill 2012-11: Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 201 2-11:- Cont’d. Frank Carbone had an issue with the release of the performance funds and did not understand the change to an initial release of up to 75% versus the 25% increments.

Commissioner Eastley

said this was a bill that she asked to be brought forward. When she read the bill she was concerned about cutting out the extra set of eyes from partial releases, but it was too late as the bill had already been proposed and the public hearing had to be held.

Mr. Carbone

did not think this should be done at this point in time. Commissioner Eastley did not think it should ever be done.

Commissioner Wichman

closed the public hearing.

Commissioner Borasky

made a motion to reject; seconded by Commissioner Schinhofen; 4 yeas. 28. PlanninglBuildinglCode Compliance 11:00 a.m. Consent Agenda Items 28.1. For Possible Action Offer of Dedication OD-12-0003: Approval to accept an Offer of Dedication and rejecting the maintenance for a thirty (30) foot wide portion of Smart Way and a thirty (30) foot wide portion of Christine Way, Pahrump, Nevada. File Map #20006, Lot 150. Commercial Park Subdivision. Armscor Precision International Property OwnerlApplicant. A portion of AP# 35- 268-16.

Commissioner Schinhofen

made a motion to accept the offer of dedication and not maintenance and instruct staff to bring back an agenda item to make it a minor County road; seconded by Commissioner Borasky; 4 yeas. 28. PlanninglBuildinglCode Compliance 11:00 a.m. General PlanninglBuilding Items 28.1. Report on Status of Development Agreements The report was in the back-up. 28.2. For Possible Action Discussion and deliberation to select a contractor to perform abatement cleanup for a declared public nuisance at 4080 Medicine Man, Pahrump, NV 89048.

Commissioner Eastley

made a motion based on staff recommendation to select Ron Murphy Construction as the lowest most responsive bidder to perform the abatement December 18, 2012 28.2. For Possible Action Discussion and deliberation to select a contractor to perform abatement cleanup for a declared public nuisance at 4080 Medicine Man, Pahrump, NV 89048.-Cont’d. cleanup in the amount of $5,790.00 funded from 10254; seconded by Commissioner Schinhofen.

Commissioner Wichman

questioned the waiving of landfill fees and if it would be part of the lien against the property. Brian Kunzi said if the bid did not include that initially then it would have to be added. George Bernath from Code Compliance advised the bid did include that as the bid request included it, but he wondered why the County would pay itself. Ron Murphy of Murphy Construction also confirmed it included the landfill fees.

Commissioner Eastley

made a motion to approve; seconded byCommissioner Schinhofen; 4 yeas. 6. Announcements (first)

Commissioner Borasky

said the annual Pahrump Christmas Dinner would be held at the Coalition Building on Wilson Road from 12:00 p.m. until 2:00 p.m. and anyone who was hungry and wanted a meal was welcome. He asked that people contact him if they knew of anyone who was homebound and could not get out and he would make sure they got a meal.

Commissioner Borasky

visited Commissioner Hollis on Sunday. Commissioner Hollis sent everyone his best and said he was going to get an oil change and lube and he would be back for another 100,000 miles.

Commissioner Schinhofen

wished everyone a Merry Christmas. 7. For Possible Action Emergency Items This item was removed from the agenda. 8. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas) December 18, 2012 8. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Schinhofen

said he agreed with Mr. Carbone’s issues regarding the oath, but he had not found anyone at the State level who would take it up.

Commissioner Eastley

noted it would take a constitutional amendment to change the oath.

Commissioner Borasky

said there was an even number of members present at the RPC meeting and they wound up with another tie vote, so Karl Mitchell’s issue was extended another month. He asked if the matter would come to the Board or if it would be redirected back to the RPC with a full board. Brian Kunzi said he understood the motion was made to deny the private landfill, it was a 3-3 tie, and it was continued for 30 days. Pam Webster advised Mark Hatfield had rescinded his resignation. 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 reuIar segment of the agenda should issues arise that need to be addressed. 9a. For Possible Action Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Wichman

asked that items 9k and 9o be pulled for discussion. Brian Kunzi asked that item 9p be pulled for discussion.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9c. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9d. For Possible Action — Approval of Personnel Actions

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. December 18, 2012 9e. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday March 19, 2013 in Pahrump, Nevada.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9f. For Possible Action Approval of letter submitted to the Nevada Division of Environmental Protection (NDEP) requesting additional funding to complete the Gabbs Municipal Well Prolect.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9g. For Possible Action Approval to transfer by deed the easement rights for public street!road purposes for two small corner cuts associated with Parcels 042-312-10 (299 Sq-Ft) and 042-391 -19 (66 Sq-Ft) to the Nevada Department of Transportation (NDOT).

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9h. For Possible Action Adoption of Nye County Resolution No. 2012-49: a Resolution to augment the Nye County General Fund.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9i. For Possible Action Approval of a one-year Maintenance Agreement with TransCore to perform preventative maintenance on the traffic signals in Pahrumn; and to also be available for non-scheduled emergency repair service as needed.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9i. For Possible Action Approval to select Fashion Floors and Windows as they have_the_only viable quote to supply and install carpet and vinyl in the newly remodeled area of the one stop shop located at 250 N. Highway 160 in Pahrump, NV.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. December 18, 2012

91. For Possible Action Approval of the Assignment of Contract Amendment No.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9m. For Possible Action Approval of Change Order No. I to the interlocal agreement with the State of Nevada regarding the roof of the Belmont Courthouse to fabricate and install the chimney caps.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9n. For Possible Action —Approval of Change Order No. 2 to the Professional Services Agreement with SRK Consulting 1 (U.S.) Inc. to provide technical support to Public Works on an as needed basis regarding operation issues at the Round Mountain and Tonopah landfills.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9g. For Possible Action Approval of Change Order No. 2 to the agreement with Pictometry International Corp. to replace Self Hosting POL to Connect product.

Commissioner Eastley

made a motion to approve the consent agenda items with the exception of 9k, 9o and 9p; seconded by Commissioner Schinhofen; 4 yeas. 9k. For Possible Action Adoption of Nye County Resolution No. 2012-53: a Resolution directing the levy of a special assessment at the rate of $1.00 per taxable parcel on all taxable property situated within the confines of the Pahrump Valley Groundwater Basin for Fiscal Year 2013-2014. John Bosta expressed his objections to this as he paid a $5.00 water fee to the Nye County Water District and it was his understanding that they were to manage water in the County. He personally thought the State Engineer should send the bill to the Water District and not the County and questioned the authority of the Board to pass a fee on water. Mr. Bosta also wondered why the District Attorney had not challenged the State on this.

Commissioner Eastley

advised Mr. Bosta that section 2 of NRS 534.040 required that the Board pass the assessment on.

Mr. Bosta

asked if the Board had considered that the $55,000.00 should go the people who had water rights as the fee was to save the people who had the water rights.

Commissioner Wichman

stated this was here to protect what was available to the December 18, 2012 9k. For Possible Action Adoption of Nve County Resolution No. 2012-53: a Resolution directing the levy of a special assessment at the rate of $1.00 per taxable parcel on all taxable property situated within the confines of the Pahrump Valley Groundwater Basin for Fiscal Year 201 3-2014.-Cont’d. citizens in the future. She noted the Nye County Water District worked for and provided information to the Board of County Commissioners and they had not superseded any of the Board’s authority. Brian Kunzi said the argument was that the Water District should get the bill, but the statute was very clear that the Board of County Commissioners shall levy a special assessment. The Board received an assessment of $55,000.00 to cover the expenses associated with this particular program and had the legal obligation to impose that special assessment on all taxable property situated within the confines of the area designated by the State Engineer. Terry Nelson, a property owner and well owner, said it sounded like the Board had accepted responsibility for something that they did not need to accept. He wondered what year the law went on the books, why he was not told his well could be assessed, and why this was an issue now. He was told the law went into effect in 1939 and was assessed on each parcel of land.

Commissioner Schinhofen

commented that Commissioner Hollis always voted no on this, but the Board had to follow it because it said “shall.” He did not like the way it was set up and wished it was on water users.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Eastley.

Commissioner Borasky

said he had rejected this himself. He felt the State should be doing this itself.

Commissioner Borasky

said he requested this quite some time ago and it should be called “Southern Nevada Correctional Facility” since that was what it was. Dave Fanning explained the Town of Pah rump had come to the County and asked to have the original sign that said “prison facility” removed because they did not like it. December 18, 2012 9o. For Possible Action Approval to submit a letter to the Nevada Department of Transportation requesting the “Prison” sign on Highway 160 is replaced with one that states “Detention Facilitv”.-Cont’d. Since there were no comments received from the Town about the sign, the “detention facility” sign was put together. Now there was another requested change. NDOT had offered to build and replace the sign free of charge. While the Town of Pahrump had offered to pay for the changes, NDOT wanted to show in good faith they were willing to work with the Town of Pahrump. Mr. Fanning said this would be the third change if acknowledged and wished everyone would get on the same page as the Town had been asked numerous times for direction. Pam Webster noted the sign was not a directional sign and was merely a notification that a detention facility was in the area. There was also a sign right below it advising to not pick up hitchhikers.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley; 3 yeas. Commissioner Borasky voted no and said he wanted it to go back to the Town Board to let them make that decision. 9p. For Possible Action Approval to appoint Maureen Budahl to the position of Nve County Public Health Officer; and approval of a contract in the amount of $1000.00 per month for her services and is budgeted in Fund 10285 Health Clinics. Brian Kunzi explained a typographical error needed to be fixed in paragraph 12 as the reference should be to NRS 239, not 0.039. Also, the language in paragraph 7 needed to be eliminated and the standard provision regarding a lawsuit having to be filed in Nye County, etc., inserted. A provision that was in the standard contract now that allowed the contract to be executed in counterparts also needed to be added.

Commissioner Eastley

made a motion to approve with the changes as stated; seconded by Commissioner Schinhofen; 4 yeas. 20. County Manager 20c. For Possible Action Discussion and deliberation regarding termination of contract for legal representation of indigent criminal defendants; offering separate contracts for indigent legal services; and authorization for County Manager to award legal service contracts, execute contracts and manage indigent defense program. Anthony Greco saw this as a contract termination under a company name and award of contracts under their own names so they could avoid the federal bankruptcy court. He said this would not save the County any money and the County would be at risk if this was approved as the firm was being sued by many people. December 18, 2012 20c. For Possible Action Discussion and deliberation regarding termination of contract for leaal representation of indigent criminal defendants; offering separate contracts for indigent legal services; and authorization for County Manaaer to award legal service contracts, execute contracts and manage indigent defense program.-Cont’d. Carl Joerger, one of the current conflict attorneys for Nye County, stated he just learned about this on Friday. As this would affect a lot of his clients he would have appreciated an earlier notice. One issue he had was that it appeared the reason for doing this was to save the County money, but he did not see how this would save the County any money because of conflict of interest issues due to the partnership nature of the relationship between Mr. Gibson and Mr. Kuehn. He said it would also put a burden on Justice Court. Mr. Joerger expressed concern with the District Attorney’s close involvement in this. He stated the County could save money right now by just terminating the contract with a 90 day written notice. He also thought $550,000.00 was a ridiculous amount of money to pay to attorneys during a recession.

Commissioner Eastley

noted this was for indigent defense. Mr. Joerger said he knew that and he had worked side by side with these attorneys for several years. He said the contract amount was excessive and could be changed. Mr. Joerger provided a history of the contract and the background on each change that had been made since the original contract. He felt the contract should be rebid and that the Board should wait and take a closer look at it. He stated the Board had two options, to either provide the 90 days termination notice or terminate with a ten day notice to the contractor for failure to comply with the terms of the agreement or to complete the project.

Commissioner Eastley

dispelled any notion that the Board was trying to hide anything from anybody during this meeting as she had heard twice that no one knew about this item until it was in the paper. She noted the Board was under no obligation when they put an item on any of the agendas to reach out to members of the public who might be affected by the item to let them know it was on the agenda. She assumed in this regard since this would directly affect the contract with the current public defenders that the County reached out to them in anticipation of substantially changing the contract.

Commissioner Wichman

reminded everyone the agendas were also posted on the Web site with all the backup material. Brian Kunzi wanted to make it very clear that while he was involved with developing a framework to provide public defender services, he had no part in deciding who would provide those services and was intentionally staying away from that. He explained this was a model other counties were starting to use. He said this would not affect any attorney-client relationship that currently existed. If someone was appointed as counsel, they would remain as counsel. Secondly, although the County paid $550,000.00 to a law firm to provide public defender services, when one lawyer in that firm had a conflict the whole firm had a conflict and over $700,000.00 in conflict attorney fees had been paid. This agreement could avoid that. Mr. Kunzi understood the firm December 18, 2012 20c. For Possible Action Discussion and deliberation regarding termination of contract for legal representation of indigent criminal defendants; offering separate contracts for indigent legal services; and authorization for County Manager to award legal service contracts, execute contracts and manage indigent defense program.-Cont’d. was separating and they would be three separate entities, which meant when one had a conflict not all had one. It appeared that if there were five totally independent attorneys acting as a consortium, the requirement for other conflict attorneys could be eliminated and the exposure the County had reduced dramatically.

Mr. Kunzi

advised that the Commission needed to agree to terminate the contract and then delegate to the County Manager the ability to execute the contracts with those individuals who were willing to accept the contracts for the services so someone who was not involved in the court system could oversee it. He further stated that based on the services provided by the Public Defender’s Office in the two years that he had been in office they were not in breach of any of their obligations and there was no basis to claim that.

Commissioner Schinhofen

understood the concept of saving money and not having so many conflict attorneys, but he did not want the County Manager to approve the contracts. He wanted them to come back to the Board to be voted on. He asked if anyone else would be considered for these contracts. Mr. Kunzi responded that the fourth person covered Tonopah and Beatty and was affiliated with the firm. Someone who would be willing to do that had to be taken into consideration.

Commissioner Schinhofen

made a motion to terminate and have the contracts brought back to the Board.

Mr. Kunzi

said the current providers were not willing to walk away from the existing contract without the assurance of having a separate contract.

Commissioner Schinhofen

asked if the Board could give them a 90 day notice and then look for other attorneys. Mr. Kunzi said that was entirely within the Board’s discretion, but on January 1, 2013, another quarterly payment on the public defender contract was due.

Commissioner Eastley

asked what the basis was for recommending the County Manager assume this. Mr. Kunzi explained he thought it was important for the Board of County Commissioners to set the framework of how it would work, but the execution of it needed to fall on the County Manager. She needed to manage it from the standpoint of issues coming up, like lawyers who were not living up to their obligations, so she would be in the position of policing it and determining if action needed to be taken. He said it was just the administrative portion that would be appropriate for the Board to delegate once they had accepted the framework. December 18, 2012 20c. For Possible Action Discussion and deliberation regarding termination of contract for legal representation of indigent criminal defendants; offering separate contracts for indigent legal services; and authorization for County Manager to award legal service contracts, execute contracts and manage indigent defense program.-Cont’d.

Commissioner Eastley

asked what the guidelines for awarding legal service contracts would be, who would set those forth, and how would the Board ensure those were being followed. Mr. Kunzi said the guidelines were fairly simple, such as being a licensed attorney, and it was probably no different than any other way the Board would evaluate a contract. Being an independent contractor this would not be a lowest bidder type of situation, so whatever guidelines the Board wanted to set would be appropriate, but in the end it would be a judgment call as to who would provide the best service.

Commissioner Schinhofen

stated because of the amount of the contracts the Board should vote on those and he could not support guaranteeing a contract without seeing a contract.

Commissioner Schinhofen

made a motion to terminate the contracts and have separate contracts brought back to the Board to be considered, and to set up an indigent defense program managed by the County Manager; seconded by Commissioner Eastley.

Commissioner Eastley

asked what Commissioner Schinhofen meant by setting up an indigent defense program as the County currently had one. Commissioner Schinhofen said he was referring to Mr. Kunzi’s statement about having it managed by the County Manager.

Commissioner Eastley

asked if it was legal for the authority to be delegated to the County Manager. Mr. Kunzi said if it was a proper delegation.

Commissioner Borasky

asked if this could be revisited if the Board allowed the County Manager to take this responsibility and it did not go the way they liked. Mr. Kunzi said it could.

Commissioner Schinhofen

made a motion to adopt with an effective date of January 17, 2013; seconded by Commissioner Eastley; 4 yeas. 20. County Manaqer-Cont’d. 20b. For Possible Action Discussion and deliberation to approve Monday, December 24, 2012, as a day off with pay for all employees and to declare the necessary offices closed.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Eastley; 3 yes. Commissioner Borasky voted no. December 18, 2012 20d. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Assistant County Manager.

Commissioner Eastley

was not present. Pam Webster recommended the Board ratify Joni Eastley for the position. The contract would come back next year for the newly seated Board to approve.

Commissioner Schinhofen

said the concern was with the way it was put out, but because it did say equivalent to some of the education or other requirements he did not think there was anybody else who had the qualifications Mrs. Eastley did. He thought she would be great and it would be a shame to lose her at this point as she would contribute greatly to the County.

Commissioner Schinhofen

made a motion to ratify the County Manager’s selection.

Commissioner Schinhofen

withdrew his motion.

Commissioner Borasky

said he had the utmost respect for Mrs. Eastley and did not think there was anyone in the County who knew more, but knowing that she openly advocated splitting the County made him concerned about the possibility of going from Assistant County Manager to County Manager. He said he made it quite clear when the Board started talking about this position that he wanted to see all the applications and that he would have liked it done similar to what was done when Mr. Osborne was hired.

Commissioner Borasky

asked if this would be an at-will employee. Mrs. Webster said that was correct.

Commissioner Borasky

said he had no doubt of the qualifications, but he wanted to see the contract up front, not after the decision was ratified, and wanted something in there that if she advocated splitting the County that she be terminated immediately.

Commissioner Wichman

pointed out that as an employee, as an Assistant County Manager, or even a County Manager if Mrs. Eastley moved up to that, she would be an at-will employee and work at the direction of the Board of County Commissioners. The Board could fire an at-will employee who advocated something the Board was dead set against, like splitting the County. That would be solved by having Mrs. Eastley in a position that was under the oversight of the Board of County Commissioners rather than having her as a Commissioner where she could advocate anything she wanted. Brian Kunzi explained this was structured such that the Assistant County Manager reported to the County Manager, not the Board. It was different with Mr. Osborne because he worked at the will of the Board. Employees in this position work at the will of the County Manager, not the Board. He said the only person hired by the Board was the County Manager. He further clarified that an assistant county manager was entirely December 18, 2012 20d. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Assistant County Manager.-Cont’d. different than a county manager and putting her in as Assistant County Manager did not in any way necessitate or require in the future that she become the County Manager. That would be an entirely different process and separate discussion the Board would have when the time came, so the Board should not feel obligated to set everything in place for her to become the County Manager.

Mrs. Webster

said she believed advocating splitting the County would have to be a Board decision and a Board policy. Part of the job description was to carry out the policies established by the Board and if any of her staff expressed agreement that was not in line with policy, it would be grounds for disciplinary action and termination.

Mr. Kunzi

reminded Commissioner Borasky the contract would still have to be approved by the Board and they were not hiring the Assistant County Manager without a contract in place. If there was something the Board wanted to put in as a term in the contract, then it should be given to Mr. Kunzi to be drafted in.

Commissioner Schinhofen

made a motion to ratify the County Manager’s selection.

Commissioner Wichman

stepped down as Chairman and seconded the motion.

Commissioner Borasky

said this was not something he could decide today and he was not prepared to vote one way or the other.

Commissioner Wichman

resumed the chair.

Commissioner Eastley

said she brought this forward based on conversations with the members of the Park and Recreation Board. December 18, 2012 lie. For Possible Action Discussion and deliberation to: 1) set a date, time, and location for Nye County Bill No. 20i2-2i-Cont’d.

Commissioner Eastley

proposed the bill and set the date, time and location for January 22, 2013, at 10:45 a.m. in the Board of County Commissioners meeting room in Pahrump; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Eastley

read the title into the record. 12. Clerk i 2a. For Possible Action Discussion and deliberation to appoint three (3) members to the Amarosa Valley Library Board due to three (3) expiring terms.

Commissioner Eastley