For Possible Action - Approval of the Agenda for the Board of County Commissioners’ Meeting of November 20, 2012

NYE COUNTY AGENDA INFORMATION FORM Action LIPresentation LIPresentation & Action

Department: Nye County Clerk Agenda Date:

Category: Regular Agenda Item January 22, 2013 Continued from meeting of: Contact: Sandra “Sam” Merlino, Nye County Clerk Phone: 482-8127

Return to: Sam Merlino Location: Tonopah Clerk’s Office Phone: 482-8127 Action requested: (Include what, with whom, when, where, why, how much ($)and terms)

Discussion and deliberation of Minutes of the Board of County Commissioners’ meeting(s) for November 20, 2012

Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures)

Approval of the BOCC Minutes for the following meeting(s): November 20, 2012

Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies.

Expenditure Impact by FY(s): (Provide detail on Financial Form)

LINo financial impact Routing & Approval (Sign& Date) 1. Dept Date 6. Dale

2. Dale 7. HR Date 3• Date 8. Legal 1Dal Iici 4 Date 9. Finance / \ 1Da 5 Date io.County Manager PlacQgenda Dale

Board of County Commissioners Action Approved Disapproved L1Amendedas follows:

Clerk of the Board Date

iTEM Page 1 November 20, 2012

Pursuant to NRS the Nye County Board of Commissioners met in regular session at 10:00 a.m. in the Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada 89048

Lorinda Wichman, Chair Dan Schinhofen, Vice Chair Joni Eastley, Commissioner Butch Borasky, Commissioner Gary Hollis, Commissioner Sandra L. Merlino, Ex-Officio Clerk of the Board Brian Kunzi, District Attorney Pam Webster, County Manager

Also present: Lorina Dellinger, Administrative Manager; Kelly Sidman, Deputy Clerk; Susan Paprocki, Comptroller; Tim Sutton, Deputy District Attorney

Not Present: Brian Kunzi, District Attorney

NYE COUNTY BOARD OF COMMISSIONERS

1. Pledge of Allegiance

Commissioners Eastley and Borasky were not present at this time.

The Pledge was recited.

Commissioner Eastley was present.

2. For Possible Action - Approval of the Agenda for the Board of County Commissioners’ meeting of November 20, 2012.

Pam Webster said items 4, 7, lOa, ha-i ic, 13-19, 21-22, 24, 26, 29, and 30-32 could be removed from the agenda.

Commissioner Eastley asked why item 1Oa was removed. Mrs. Webster advised an alternative solution to purchasing new equipment had been found by the Assessor and the old equipment would be repaired.

Commissioner Borasky was present.

3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).

There was none. Page 2 November 20, 2012

10:00 am. Presentation by U.S. Fish & Wildlife regarding introductions. recognition award, and opportunities for future desert tortoise translocations in Nye County.

Commissioner Wichman introduced Ted Koch, the Nevada State Supervisor for the U.S. Fish and Wildlife Service, and outlined his education and experience.

Mr. Koch said he worked with Dave Spicer and the local community in Beatty on a collaborative effort to preserve the Amargosa toad. The Director’s Citizen Conservation Award was presented to Mr. Spicer and a plaque was presented to Nye County for that effort. Mr. Koch said this effort was so successful that the listing of the Amargosa toad under the Endangered Species Act was not warranted.

Mr. Koch then discussed the desert tortoise translocations. He explained the tortoises were listed a long time ago due to threats to their habitat and declines in the areas where their habitat was still intact. He said there was a place in Las Vegas to translocate tortoises for various reasons, including the opportunity to use these tortoises as habitat probes to see ifwhat caused the declines previously had abated. Mr. Koch said they would like to do that in various areas and understood there was potentially a site in Nye County. He stated they would like to work with the County to take the steps to advance tortoise recovery.

Darrell Lacy advised the BLMalso had plans for a translocation area across the County line in Clark County adjacent to Pahrump and they had recently released some around the Test Site.

Robert Adams, a member of the Public Lands Advisory Board, said they looked forward to working with Fish and Wildlifeand Nye County on the tortoise habitat.

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 LICENSINGAND LIQUOR BOARD.

THE NYE COUNTY LICENSING AND LIQUOR BOARD RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS. Page 3 November20, 2012 23. Finance

23b. For Possible Action — Discussion and deliberation regarding RFP #2012-31 — Publishing or Distribution of the 2013 Tax Roll and awarding of bid. The amount of the bid is unknown at agenda deadline and can be funded from Fund 10101 General.

Commissioner Borasky was not present.

Commissioner Wichman asked for the amount of the bid.

Judy Dodge from Purchasing advised she spoke with the Assessor who told her that she agreed to just do the printing ifthe Board approved that.

Commissioner Eastley asked for the amount of the bid and the successful bidder. Mrs. Dodge said only one bid was received.

Shirley Matson, Assessor, said the bid was around $8,800.00, which she thought was a bit high. Lorina Dellinger confirmed the bid was for $8,785.00.

Commissioner Borasky was present.

Commissioner Eastley made a motion to award to the Pahrump Valley Times in that amount to print it in their publication only; seconded by Commissioner Borasky; 5 yeas.

11. Board of Commissioners hf. For Possible Action — Discussion and deliberation to adopt, amend and adopt or reiect Nye County Resolution No. 2012-47: a Resolution directing the County Assessor to prepare a list of the taxpayers on the 201 2-2013 secured tax assessment roll in Nye County, Nevada and directing distribution of the same.

Lorina Dellinger distributed copies of the resolution.

Commissioner Eastley made a motion to adopt; seconded by Commissioner Hollis.

Commissioner Eastley asked why the resolution was not in the back-up. Pam Webster explained the bid had to be awarded first. Mrs. Dellinger further explained that until the Board awarded the bid it was unknown which method would be put in the resolution.

Commissioner Schinhofen said he was not happy with the lack of back-up or having it provided at the last minute.

The motion passed with 5 yeas. Page 4 November 20, 2012 10:45 a.m. a. Community Development Block Grant (CDBG) Public Meeting

Amy Fanning said the list of past CDBG projects was in the backup.

Mrs. Fanning said the first application was from the Beatty General Improvement District (BGID) for pool rehab and repair. Debbie Wilkinson from the BGID said the request was for a fairly sizable amount, but it could be broken up into different phases. She said the most expensive phase would be replacing the pool deck and coping, new tile, and removing/repairing all the ladders. The other section that could be broken down was a new 7.5 horsepower filtration pump, a variable frequency drive, and an AK10 chemical controller with feeders. She stated this was the one the maintenance man believed would be the most beneficial for saving electricity, water, and chemicals, all of which were expensive. Ms. Wilkinson said all the ladders definitely had to be removed and replaced as they were becoming a health issue, which the BGID could possibly do on its own as it was a relatively menial amount.

Mrs. Fanning stated they were requesting over $100,000.00 for the entire project and she had suggested phasing this project because of the cuts to CDBG. She asked Mrs. Wilkinson ifthere was a new estimate. Mrs. Wilkinson said it would be about $33,000.00 for the filtration systems and about $100,000.00 for the decking, tile and ladders.

Mrs. Fanning asked ifthose were the two top priorities. Mrs. Wilkinson said they were.

Mrs. Fanning said the second application was also from the BGID for the recreational facilities upgrade. Mrs. Wilkinson stated the request was for park upgrades. She said the playground equipment was about 40 years old and no longer ADA compliant. The total cost was approximately $1 10,000.00. She said they were going to ask for $55,281.00 from the CDBG, but another grant they were going to apply for expired at the end of December and it was unknown ifthere would be a new grant for next year. BGID now needed $110,562.00, which would replace most of the equipment with ADA compliant equipment such as swing sets, shade structures, and jungle gym type equipment, but would leave the old merry-go-round. Mrs. Wilkinson advised that they would also have to put down rubber decking because sand and gravel was no longer compliant.

Commissioner Eastley asked about the grant that expired at the end of December. Mrs. Wilkinson explained it was a grant from Burke Recreation, a company which does grants for playground equipment iftheir equipment was used.

Commissioner Eastley asked ifthe grant was applied for and received. Mrs. Wilkinson said it was not applied for.

Commissioner Eastley asked ifthe grant application period expired December 31, 2012. Mrs. Wilkinson said it expired December 19, 2012, but the money had to be expended by December 31, 2012. Page 5 November 20, 2012 10:45 a.m. a. Community Development Block Grant (CDBG) Public Meeting Cont’d.

Mrs. Fanning said the third application was from the Beatty Museum Historical Park. Amina Anderson explained this project would provide a place to encourage greater creative activity, improve quality of life and advance economic development in the town. The property they hoped to add to their assets was the Episcopal Church originally located in Rhyolite, which was moved in about 1922 and was now located on Main Street and Third across from the museum.

Commissioner Eastley asked what the plans were ifthey were able to acquire the property. Mrs. Anderson said they would like to use the building as an extension of the museum to host educational programs and as a place for groups to meet to encourage creative activity with the youth.

Commissioner Hollis asked who owned the property. Mrs. Anderson said Susie and Riley McCoy did. Commissioner Hollis suggested she talk with them about whether the County could trade property for that property and see ifthey were interested. Mrs. Anderson said she would try that.

Mrs. Fanning advised that the entire Town of Beatty would benefit from the three projects heard so far, for a total of approximately 1,010 beneficiaries. She said she also did an income survey in Beatty, which showed them at 71% of LMI,so the entire town was eligible for any sort of program.

Mrs. Fanning said the next application was for the Beatty Senior Center carpet replacement.

Commissioner Eastley asked why capital funding was not used to replace the carpet in the senior center since it was a County facility and it could not cost that much. Mrs. Fanning said it came in under $6,000.00.

Commissioner Eastley noted even ifthey were selected for funding it would be a couple of years before they received the money. Mrs. Fanning said it would be July, 2013, before they received the money, but since the carpeting quote came in low so they were going to upgrade the kitchen and do some other things. Commissioner Eastley still felt capital funding should be used.

Randy from the senior center explained their new cook had to buy things and he would have to be reimbursed by the senior center. He said some of the things needed were lids for the hot trays, new plasticware, and new trays. He said ifthey did get new carpet they would like to get a new vacuum cleaner as well. The cook also mentioned he would like to have a meat grinder attachment for the mixer and a new toaster.

Commissioner Wichman asked ifthese items could be done under capital. Pam Webster advised that $3,000.00 was the threshold and this was not something where all Page 6 November 20, 2012 10:45 a.m. a. Community Development Block Grant (CDBG) Public Meeting Cont’d. new furniture would be put into a facility which could be capitalized as a bulk item. Their budget would have to be augmented and the items purchased as replacements for operating items.

Randy said there were also chairs that needed to be replaced.

Commissioner Wichman asked ifthe carpet was removed from the project and handled through capital ifthe rest would qualify. Mrs. Fanning said she believed so, but she would have to verify that.

Mrs. Fanning said the beneficiaries on this project would be between 40 to 100 seniors depending on what activities were going on.

Mrs. Fanning said the next application was from Nye County Public Works for the Gabbs water SCADA system. She said there was a slight change with the application. Originally funding was wanted for the SCADA system, however, funding had been found for that since the application was submitted and they now wanted a pressure reducing valve (PRy).

Jack Osbum from Public Works advised the 2008 preliminary engineering report (PER) for Gabbs identified many things that needed to be done and the PRV was one of them. In 2008 a threshold of 100 psi was set for a municipality and very few pressures that exceeded that amount were found, but some had been recorded in the field. In 2009 an extensive pressure study was conducted with Nevada Rural Water and it was found that Gabbs routinely ran at 110-120 psi, which not only violated the Nevada Revised Statutes but also made refrigerators and washing machines not work due to the pressure. A three-phase project was looked at with one phase being to replace some service lines, but the PRV would be the lower cost item at around $120,000.00 to $150,000.00. A preliminary look into it was done and it was found that ifone was located right across from the Mormon Church close to the town hall the pressure in south Gabbs could be lowered. This would benefit the entire town with a greater benefit to the south of town.

Mrs. Fanning said 358 people would benefit from this project.

Mrs. Fanning said the last application was from Mount Charleston Corporation (MCC) for a Pahrump Valley Workforce Training and Community Leadership Program and Allan Parker from MCC would explain the program to the Board.

Mr. Parker, president of Mount Charleston Corporation, stated it was a non-profit 501 c(3) corporation and BillVerbeck was the chief executive officer. The purpose of the submission of the CDBG application was to specifically address the unemployment and under-employment situation in Pahrump. Mr. Parker said the latest statistics cited Page 7 November 20, 2012 10:45 a.m. a. Community Development Block Grant (CDBG) Public Meeting Cont’d.

11.5% as the unemployment rate in the State of Nevada and while it dropped from 11.8% a month ago, it still led the nation. Ifthat was microscoped down into the Pahrump valley, people felt it was twice as high. Mr. Parker said because of that they felt there was an unmet demand in this area for training of people for workforce development, workforce training, and even personal life coping skills. He said their grant application was three-fold with specific elements. One was a personal or family level, the second was applied business applications, and the third was leadership development and training. MCC’s desire was to try to improve the economic development area of Pahrump and more specifically to increase the number of people at work.

Commissioner Eastley asked if Mr. Verbeck was the executive director. Mr. Parker explained Mr. Verbeck was the pro bono chief executive officer of MCC and had served in that capacity since it was developed.

Commissioner Eastley asked where Mr. Verbeck lived. Mr. Parker said he moved to Reno on October 1, 2012, for family reasons, but he would travel.

Commissioner Eastley asked how this strategy for workforce development differed from the same model that was under Eden. Mr. Parker thought Eden was focused on economic development to the extent of businesses or corporations that might come into Nye County or Pah rump rather than on an individual level.

Commissioner Eastley said she did not want to know the differences between Eden and MCC. She wanted to know specifically this strategy because to her recollection the strategy Mr. Parker said he wanted funded was identical to that under Eden. Mr. Parker suggested Commissioner Eastley look at Eden’s articles of incorporation because she would see their major thrust was economic development. He said when Nye County chose to become its own economic development authority there was no longer a need for Eden to also focus on economic development. Therefore, through a series of board meetings it was determined that there was also a need for workforce development. When Eden was basically transformed into MCC, the articles were for workforce development, training and education, not economic development.

Commissioner Eastley asked ifthe same players were involved in some workforce development through education, not necessarily through Eden.

Commissioner Hollis thought Commissioner Eastley was talking about the Workforce Investment Board that he was on.

Commissioner Eastley did not think Commissioner Hollis was right and asked Mrs. Webster if Mr. Verbeck and Mr. Parker were involved in a program where they were concentrating on workforce development through education. Mrs. Webster did not Page 8 November 20, 2012 10:45 a.m. a. Community Development Block Grant (CDBG) Public Meeting Cont’d. remember such a program, but knew there was a similar outreach when MCC was set and thought Commissioner Eastley might be confusing the two.

Mr. Parker clarified that it was MCC and had nothing to do with Eden. When MCC was initiallyformulated the thrust of workforce development and training was originallyfor the construction industry and construction trades. They went to the Committee on Post- Secondary Education to see ifthey could get certified in some of the emerging fields for the construction industries. Unfortunately, with the demise of 70,000 construction jobs in southern Nevada because of economic factors, the demand was not there at that moment. Recognizing that, they looked withinthe community to see what else might benefit the residents and therefore this particular application was submitted.

Commissioner Eastley apologized for the confusion and asked when MCC was incorporated. Mr. Parker said about a year and a half ago.

Commissioner Eastley asked what the measure of success was over the last 18 month period. Mr. Parker said there were no successes with respect to the construction trades. One class was held in Pahrump for solar technicians, but after that it went into a limbo state until about three or four months ago when they began looking at this particular program.

Commissioner Eastley asked if MCC had received funding recently from RNDC. Mr. Parker said they had not.

Commissioner Eastley recalled RNDC gave funding for BillVerbeck to have an office in Reno. Mr. Parker said that was not correct. MCC received no funding from RNDC. With respect to Mr. Verbeck, Mr. Parker explained he had assumed as an independent contractor for RNDC a role as RNDC’s western region representative. He did not have an office. He worked in a littlearea donated by the Western Nevada Development District (WNDD)that had a desk, a computer, and a telephone which had been under contract from WNDD to RNDC. Mr. Parker said that was the extent of that relationship.

10:45 a.m. b. For Possible Action — Discussion and deliberation to: 1) Approve the Summary of Past Performance by Nye County with CDBG funding since 1982; 2) rank preliminary project grant applications and approve to submit applications to the CDBG program for the 201 3-2014 grant year; 3) sponsor Rural Nevada Development Corporation application; and 4) approve publication of all submitted project descriptions in local newspapers to allow a two week public comment period.

Commissioner Eastley made a motion to approve the summary of past performance by Nye County with CDBG funding; seconded by Commissioner Schinhofen; 5 yeas. Page 9 November20, 2012

10:45 a.m. b. For Possible Action — Discussion and deliberation to: 1) Approve the Summary of Past Performance by Nye County with CDBG funding since 1982; 2) rank preliminary proiect grant applications and approve to submit applications to the CDBG program for the 201 3-2014 grant year; 3) sponsor Rural Nevada Development Corporation application; and 4) approve publication of all submitted project descriptions in local newspapers to allow a two week public comment period.-Cont’d.

Commissioner Eastley made a motion to request funding first for the Gabbs water project. She said this Board had gone on record repeatedly that it was concerned about water projects in the communities and she would rank that as number one. As number two, Commissioner Eastley asked that the Board consider acquiring the historic property in Beatty.

Commissioner Schinhofen seconded the motion.

Commissioner Schinhofen said he was constantly asked why Pahrump did not have any of these and he saw that the town board did not put any forward. He asked Mrs. Fanning to explain the income threshold.

Mrs. Fanning said the entire community had to be 51% or higher of low to moderate income persons and Pah rump as a whole did not qualify. Programs like the one that Mr. Parker mentioned were person specific, so 51% or more of the people had to be screened and their income checked. They would have to have 51% or more going through the program that were LMIso specific programs like that were eligible. She said the town did submit an application for the lan Deutch Memorial Park and ifthe park had been in an LMIarea it would have qualified. Mrs. Fanning was proposing to do an income survey for Pahrump because there was no doubt they were above that threshold. The survey would be good for five years.

Mrs. Webster asked ifareas within the town that would possibly qualify could be designated for the income survey. Mrs. Fanning said that could be done and ifthere were projects in mind the area should be looked at first.

Commissioner Schinhofen asked ifthe County would have to fund the study. Mrs. Fanning said that was correct. She had received a quote of $30,000.00, which would do all of Pahrump. Commissioner Schinhofen asked Mrs. Fanning to bring that forward at another time.

Commissioner Eastley asked Mrs. Fanning to explain what the first and second rankings meant. Mrs. Fanning explained that in March when the applications were presented to the CDBG committee ifthere was only funding for one, then the first ranked project would get the funding. She noted that last year Nye County was the only county to receive funding for both applications submitted.

The motion passed with 5 yeas. Page 10 November 20, 2012

10:45 a.m. b. For Possible Action — Discussion and deliberation to: 1) Approve the Summary of Past Performance by Nye County with CDBG funding since 1982; 2) rank preliminary proiect grant applications and approve to submit applications to the CDBG program for the 201 3-2014 grant year; 3) sponsor Rural Nevada Development Corporation application; and 4) approve publication of all submitted proiect descriptions in local newspapers to allow a two week public comment period.-Cont’d.

Mrs. Fanning said every year RNDC needed a sponsor from a community or county that qualified for CDBG applications.

Commissioner Eastley made a motion to approve Nye County being a sponsor for this program; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Schinhofen made a motion to publish the submitted projects; seconded by Commissioner Hollis; 5 yeas.

10:45 a.m. c. For Possible Action — Discussion and deliberation to apply for the United States Department of Agriculture (USDA) Rural Development Community Facilities Grant Program. Match reguired is budgeted from Fund 10282 Ambulance and from a grant award received by POOL/PACT. This grant shall be administered from Fund 10340 Grants.

Mrs. Fanning explained that this was another grant being sought and had nothing to do with CDBG. It required a public notice in the paper that the project was going to be discussed in open meeting and the minutes had to be submitted with the application.

Commissioner Eastley made a motion to approve; seconded by Commissioner Hollis; 5 yeas.

4. For Possible Action - Discussion and deliberation of Minutes of the Board of County Commissioners’ meeting(s) — N/A

This item was removed from the agenda.

5. Awards and Presentations — N/A

Commissioner Eastley presented Commissioner Hollis with a plaque from NACO.

6. Announcements (first)

Commissioner Schinhofen stated a history project was awarded to Channel 46. The video was done and Vern said he would play it for anyone who wanted to watch it after the meeting. Page 11 November 20, 2012 6. Announcements (first)-Cont’d.

Commissioner Schinhofen said he was contacted by a woman asking about the Christmas parade. Since he did not have the time and no one showed any interest in it he was not going to do it this year. The woman offered to work with him on it for next year and he asked anyone who wanted to help to let him know.

Commissioner Hollis said he and his wife collect bicycles during the holiday season, fix them up, and give them to the Marine Corps and Toys for Tots to distribute to kids who were not going to have a Christmas. He asked anyone who had an old bicycle that they no longer needed to call him and he would pick it up or they could bring it to the house. He said they donated 13 bicycles last year and were up to about 22 so far this year.

Commissioner Borasky said the Holiday Task Force Thanksgiving dinner would be Thursday from 1:00 p.m. to 3:00 p.m. at the Nye Communities Coalition building on Wilson. It would be open to anyone who would like a free Thanksgiving dinner. There would also be a Christmas dinner.

Pam Webster commented on the NACO conference and how it was one of the best ones she had attended. She said Commissioner Eastley was honored and inducted into the “NACO Honor Roll”at the banquet on Thursday night.

7. For Possible Action - Emergency Items

This item was removed from the agenda.

8. Commissioners/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Eastley said there had been a lot of discussion and controversy lately over the various grants received by the Town of Pahrump and Nye County for the fairgrounds project. She asked Darrell Lacy to provide a history of what the grants were, the work that Nye County had done to move those grants forward, what remained to be spent and the deadline for the County to do that.

Mr. Lacy explained three congressionally directed grants or appropriations were given in 2005/2006. One came to Nye County, one was a matching grant to the town, and both of them were for the fairgrounds. Nye County’s was specifically for water.

Commissioner Eastley asked how much the water grant was for. Mr. Lacy believed it was for $198,000.00, which the County ended up spending. Initiallyit had been given to the town to spend with its grant on fairground-related activities. When Amy Fanning was hired as the grant administrator she identified that the County was delinquent on submitting the reports for the grants, so the County essentially pulled its grant back, moved a one-acre parcel adjacent to the fairgrounds, and drilled a well on that parcel. Page 12 November20, 2012 8. Commissioners/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/aciendas)-Cont’d.

Commissioner Eastley asked about the other two grants. Mr. Lacy explained one of the grants was given a year later so the town still had one open grant, but he thought the town lost part of the money on the other one for failure to spend it in the time they had.

Commissioner Eastley asked if Nye County had done any work on any of the grants in terms of applying for rights-of-way or permitting. Mr. Lacy said the County submitted a proposal to the town over a year ago for Dave Fanning to construct Fox Avenue using that grant, but the town chose not to give that money to the County for that purpose.

Commissioner Eastley asked ifthat was the grant that was lost. Mr. Lacy said it was.

Commissioner Eastley said she had been getting feedback that Nye County was not as helpful as it could have been. Mr. Lacy advised that he personally got waivers from U.S. Fish and Wildlifeto help them spend the money and the County had done a lot of things to support it.

Commissioner Eastley said she was concerned that the County did not have any apparent loss control plan. She asked Pam Webster to put a monthly report together just for the Commissioners’ information and edification to assist them in developing a safety strategy.

Commissioner Eastley said she would like the grievance report broken down by department and what the nature of the grievance was because many times grievances led to bigger things. She felt this type of report would be very helpful to the Board in determining if a policy needed to be amended and during the labor negotiation process.

Commissioner Wichman said she would like to be updated on risk management in the Manager’s report.

Commissioner Borasky advised that Assemblymen Oscarson and Goicoechea requested a billdraft update at the December 4, 2102, meeting at 11:00 a.m.

Commissioner Borasky wanted staff to look into a situation at 3021 Cactus Street. He said he had been working with one of the town board members on an abandoned building there and it was becoming quite a nuisance. He hoped that the Valley Fire & Rescue Chief would declare it a hazard and that George Bernath would look at it as well.

Commissioner Borasky advised that RC&D was now closing shop because most of the people on that board were quite elderly and there was just no reason to keep it going without any funding. Page 13 November20, 2012 33. Public Petitioners

33c. For Possible Action — Discussion and deliberation on a request of a variance on the dumping fees charged in the amount of $900.00 to Ron Murphy Construction for carrying off the debris from property (045-091-27, 045-091-28).

Neal Owen, pastor of New Hope Fellowship, said they hired a contractor to clean up their property on Manse so it would be done faster. He said they did not budget for the dumping fees, but he knew there would have been no charge to them to remove the debris and dump it themselves. He requested the Board waive the fees.

Commissioner Borasky noted the ordinance stated any resident may dispose of solid waste generated on his or her own residence at any sanitary landfilltransfer station without charge. He spoke with Pam Webster and Dave Fanning about this and it seemed the issue was that a contractor hauled it away. Commissioner Borasky explained that along with a mobile home there were brush and other things taken off the property.

Commissioner Borasky made a motion to waive the fees; seconded by Commissioner Hollis.

Commissioner Schinhofen thought the waste generated on the property had to be household waste and they would have been charged for the mobile home anyway. Dave Fanning, Public Works Director, advised ifthe mobile home was dismantled there would not have been a charge for it.

Mr. Owen said the mobile home was dismantled.

Mr. Fanning explained Section 8.24.240 of the County Code stated waivers willnot be granted for multiple parcels, vacant parcels, and no extenuating circumstances.

Commissioner Eastley pointed out the language was “willnot” so if any one of the three or all three applied the waiver could not be granted. Mr. Fanning agreed, but stated the Board could choose to waive it.

Pam Webster asked Mr. Fanning to explain the application of construction and demolition items that were taken to the dump by an individual property owner and the difference between landscape debris and construction demolition debris. Mr. Fanning advised a taxpayer living in Nye County could haul commercial debris, lawn clippings, and tree clippings off of their property and dispose of it in the landfill. There would be a cost for anything that was generated commercially off their property that they had hauled based on length, width and depth of whatever it was for $6.50 a cubic yard.

Mr. Owen advised the work was only done on the parcel with the mobile home. Page 14 November 20, 2012

Commissioner Eastley stated the multiple parcel portion of the Code would not apply, but the vacant portion would and the Board could not grant a variance.

Commissioner Hollis offered to donate $500.00 to pay the bill if Mr. Owen could come up with the other $300.00. Commissioners Eastley and Wichman each committed $100.00.

Commissioner Borasky withdrew his motion and said he would also make a donation, but he felt a person’s rights were being taken away simply with the use of a contractor to remove waste generated on their property.

There was no action taken on this item.

The Board was in recess until 1:30 p.m.

9. Consent Agenda Items — These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the 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 item 9h be pulled for discussion.

Commissioner Eastley asked that item 9g be pulled for discussion.

Pam Webster asked that item 9j be pulled for discussion.

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas.

9b. For Possible Action — Approval of Elected Official Collection Report

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j;seconded by Commissioner Schinhofen; 5 yeas.

9c. For Possible Action — Approval of Assessor’s Office Change Request — N/A

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas. Page 15 November 20, 2012

9d. For Possible Action — Approval of Personnel Actions

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas.

9e. For Possible Action — Approval for Nye County Ambulance to write off eight (8) uncollectible accounts for a total of $15,255.00.

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas.

9f. For Possible Action — Approval to accept Subgrant Amendment No. 1 from the Nevada Department of Health and Human Services to fund the Women, Infants. and Children (WIC) Clinic in Pahrump and Tonopah, a federally funded program to provide nutrition education information to participants, a food delivery system, and facilitate the delivery of health services to participants in the program, with no match required. This subgrant shall be administered in Fund 10340 Grants.

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas.

9i. For Possible Action — Approval to select Grainqer as the lowest most responsible and responsive quote to purchase five (5) door locks for the Tonopah Volunteer Fire and Ambulance Station and can be funded from Fund 10282 Ambulance.

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas.

9k. 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.

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas. Page 16 November 20, 2012 91. For Possible Action - Approval to enter into Grantee’s Agreement with the State of Nevada, acting by and through its Department of Transportation for SFY 2013 Federal Transit Administration Section 5311 Agreement to transfer a 2010 Startrans Candidate Ford E350 Cutaway vehicle for use by the Nye County Senior Nutrition Program, Inc. to replace an existing vehicle in Fish Lake Valley, Esmeralda County. Costs to operate and maintain the vehicle would be through Esmeralda County Transportation Grant and Esmeralda County. No County Match Required.

Commissioner Eastley made a motion to approve all consent agenda items except 9g, 9h and 9j; seconded by Commissioner Schinhofen; 5 yeas.

9j. For Possible Action — Approval to renew the contract with Legacy Environmental Concepts, Inc. for an additional one year term and execute the contract for the additional one year term and is budgeted from Fund 10101 General.

Tim Sutton said a typographical error in the term had to be corrected. He further advised that since the contract was signed Legacy had expressed interest in providing janitorial services to the new Health and Human Services building. The County was also interested in them doing that so the contract amount had to be increased by $6,000.00 for the year.

Commissioner Eastley made a motion to approve with those amendments; seconded by Commissioner Hollis; 5 yeas.

9g. For Possible Action — Approval to renew a subscription with “LeadsOnLine” the nation’s largest web-based system used by law enforcement to investigate crimes from burglary/theft to narcotics and homicide and is budgeted from Fund 10101 General.

Commissioner Eastley asked for a report from the Sheriff’s Office about their success rate with this program. Rick Marshall from the Sheriff’s Office advised one of his detectives had hundreds of hits and had solved 50-60 cases with it and another one used it two or three times daily. He said it was one of the biggest search assets the Sheriff’s Office had and the other programs in place could be stopped due to the cost. He explained this was a worldwide system that worked so well that the detectives had recommended hiring a full-time position just to use it, input, and search it. He had also asked LeadsOnline to send the Sheriff’s Office success rates to establish a numerical value.

Commissioner Eastley made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. Page 17 November20, 2012

9h. For Possible Action — Approval to enter into Grantee’s Agreement with State of Nevada, acting by and through its Department of Transportation for SFY 2013 Federal Transit Administration Section 5311 for transportation operating expenses, specifically assistance with fuel costs and transportation wages. The matching funds will be in-kind funds from vehicle maintenance and County paid staff. No additional County match required.

Commissioner Wichman read comments from Carole Haynes. Ms. Haynes was an advisor for Action Club Special Needs Adults and indicated she was for passage of this item.

Commissioner Eastley made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas.

9i. For Possible Action — Approval to select Grainger as the lowest most responsible and responsive quote to purchase five (5) door locks for the Tonopah Volunteer Fire and Ambulance Station and can be funded from Fund 10282 Ambulance.-Reopened.

Commissioner Eastley asked why this purchase was not part of the original construction contract. Vance Payne from Emergency Services explained the original lock system was chosen by the Town of Tonopah, which was a Schlage system, but currently Buildings and Grounds supported the Best system.

Paul Granstrom, Executive Vice President of ARC Health and Wellness, introduced himself and said he was here to discuss NAC 617, public safety physical examinations, and to answer questions. He said ARC served most of the law enforcement agencies and fire departments throughout the State.

James Oscarson said he represented Desert View Hospital, which currently did the physicals for the County.

Mr. Granstrom said ARC was prepared to help the County with the public safety examinations. He said they had the capability to go to Pahrump, Tonopah, Beatty, Round Mountain, and some of the rural outlying areas with their mobile medical units. He said one of the main benefits of working with ARC was they could help the County get to a compliant status with the physical examinations as they followed NRS and NAC exactly. ARC could also offer substantial soft cost savings by mitigating overtime and drive time for individuals who needed to commute from Beatty into Pahrump. Page 18 November 20, 2012

1:30 p.m. For Possible Action — Presentation, discussion and deliberation on approving a contract with Gilbert. Gaetke. and Associates of Nevada. MD LTD d/b/a ARC Health & Weliness Centers for the purpose of Occupational Health Services and is budgeted from Fund 10101 General.-Cont’d.

Mr. Oscarson advised Desert View Hospital was currently doing these physicals and he was not aware of any discussions to change those plans. He would have liked to have been in those discussions to determine what they were or were not doing that may have precipitated this happening.

Dannelle Shamrell from Human Resources explained ARC was approached because of a warning from POOL/PACT that ifthe County did not become compliant they would be dropped. When she talked to Wayne Carlson regarding this particular item he stressed that ARC provided a compliant physical the County was required per NRS to have scheduled for each of the police and fire employees. This would bring consistency to the program and allow everything to be done under one umbrella.

Mrs. Sham rell further explained that NRS required that ifthere was an issue that could be changed to make an employee healthier, that employee was required to make an attempt to do that, but that was not being done or communicated to the employee. She said the County was not getting all the physicals and neither was Specialty Health, the agent on behalf of POOL/PACT. She said some huge compliance issues needed to be addressed and this was a pro-active means to make that happen.

Mr. Granstrom advised ARC could eliminate overtime and lost time episodes for employees who did require further diagnosis as they had cardiologists and pulmonologists on staff. Workers’ compensation claims could also be eliminated. He said ARC did not intend to become an urgent care, primary care, or workers’ compensation provider. ARC would come in and do a snapshot in time of what was happening with the different deputies.

Mr. Oscarson said the hospital had not been made aware that the physical information was not getting to anyone in a timely manner. He asked for the opportunity as the local entity to open discussions on what was not being done correctly that warranted a change this drastic.

Commissioner Schinhofen asked ifthis could wait a couple of weeks and ifall County employees went to Pahrump to get the tests done. Mrs. Shamrell said the Tonopah employees went to Nye Regional, but there was no consistency in how the information was relayed to the employee. She explained Specialty Health worked with the employer to talk with the employees about the changes that had to be made based on the results of the physicals and there seemed to be conflicting information between what the doctor told the employee and what Specialty Health told the employee.

Commissioner Schinhofen asked what would preclude ARC from giving information prior to it going to Specialty Health. Mr. Granstrom stated ARC currently served 5,000 Page 19 November 20, 2012

1:30 p.m. For Possible Action — Presentation, discussion and deliberation on approving a contract with Gilbert, Gaetke, and Associates of Nevada, MD LTD d/b/a ARC Health & Wellness Centers for the purpose of Occupational Health Services and is budgeted from Fund 10101 General.-Cont’d. different firefighters and police officers throughout the State and had set standards based on the American Heart Association and the National Heart, Lung and Blood Institute. ARC’s doctors would counsel and order the employees to correct their predisposing risk factors for heart disease and that information would be provided to Specialty Health to act as the intermediary.

Commissioner Schinhofen asked ifthat was being done now. Mr. Oscarson explained an interview was conducted with the person and the results reviewed. Ifthat information was not being communicated to the right place he would ask for an opportunity to address that. He reminded the Board that they were local entities and would like to be able to service the communities and have a great working relationship with the County and other entities.

Commissioner Eastley said she liked and appreciated this program because they were occupational and health specialists, the service went to the user, and travel for the user to go to the service did not have to be paid.

Pam Webster asked Mr. Granstrom to explain the handoff back to the personal provider once the examination was completed and how ARC would follow up and monitor reports on activities the individual might have entered into in terms of wellness program opportunities to improve their condition. Mr. Granstrom said the current process was when the physicals were complete they were reported back to the employer ifthere was an abnormality to advise the employee was not fit for duty. Ifthere was no issue, under their contract with the State of Nevada they were to report the physicals within ten or fifteen days. If it was electronic, they were scanned and then uploaded into a HIPPA compliant server to the liaison. Those electronic files would then be archived indefinitely because the records needed to be maintained by the employer for the life of the employee.

Regarding the handoff of information to Specialty Health should the County request that, ARC would personally transfer those records to Specialty Health. Information about predisposing risk factors identified or any abnormalities were given to the employee at the time of the visit with the doctor. The employee would then bring the information to their primary physician ifthere was a predisposing condition determination. Mr. Granstrom said it was not ARC’s place to follow up with wellness. They just took a snapshot in time of how that employee was and what they needed to work on. Failure to do that could result in a denial of benefits for a heart and lung claim.

Commissioner Eastley said the cost matrix stated it was for pre-hire heart and lung examinations and noted that the County did post-offer examinations, which were done Page 20 November20, 2012

1:30 p.m. For Possible Action — Presentation, discussion and deliberation on approving a contract with Gilbert, Gaetke, and Associates of Nevada, MD LTD d/b/a ARC Health & Weliness Centers for the purpose of Occupational Health Services and is budgeted from Fund 10101 General.-Cont’d. in Las Vegas. Mr. Granstrom said it could be revised to make it post-offer and the examination could be customized to however the County wanted it done.

Mrs. Shamrell said Wayne Carlson of POOL/PACT had indicated that based on the results of the physicals employees could voluntarily participate in the health and wellness program through POOL. This had nothing to do with ARC and was a means for them to take a proactive stance.

Commissioner Eastley asked for a cost comparison between this agreement and what the County was paying now. Mrs. Shamrell advised over $8,000.00 in heart claims had been paid from 1998 forward, but ifthe County was compliant with the physicals there was a very good chance nothing would have been paid. She explained once these claims were accepted and recognized they were paid on for the life of those employees. Ifthe County became compliant then there was a very good chance that would be reduced or not escalate at all.

Commissioner Eastley asked what the annual payment to ARC would be. Mrs. Shamrell said it would be about $44,000.00.

Commissioner Schinhofen asked what the County was paying now. Mrs. Shamrell said roughly $35,000.00 with the physicals being done locally, but cautioned that ultimately the County could pay considerably more because of the liabilityand the fact that the physicals were not compliant.

Commissioner Borasky asked why the physicals were not compliant. Mrs. Shamrell explained some physicals were being done, but not all of them, and only recently had she been receiving copies of the physicals that were done without having to ask for them. Separate from that, the report the employee had with the attending physician that conducted the physical did not require change, only recommended change. The NRS stated they had to require change, so change was not necessarily done as a result of what was detected during the physical to show they were making the attempt to fix whatever caused the heart attack. The County would now be liable when this person had a heart attack that could have been avoided had they made proactive changes.

Mr. Oscarson said based on what Mrs. Shamrell stated it may be a communication issue. He said Desert View had the staff and equipment needed to provide the physicals and the physicians did review the results with the patient to make sure the patient knew what they needed to do, but obviously the hospital could not hold someone’s hand to make sure they did what they were supposed to. Mr. Oscarson asked that the hospital be informed ifthere was a lack of reports or counseling. He said Page 21 November 20, 2012

1:30 p.m. For Possible Action — Presentation, discussion and deliberation on approving a contract with Gilbert, Gaetke, and Associates of Nevada, MD LTD dlbla ARC Health & Weilness Centers for the purpose of Occupational Health Services and is budgeted from Fund 10101 General.-Cont’d. if ARC did something different that the hospital could not do then he would yield, but he would appreciate being the local provider for these services.

Commissioner Eastley asked who initiated this item. Mrs. Shamrell advised POOL/PACT initiated the concept of the item when they threatened to drop the County’s coverage due to non-compliance, so she spoke to their workers’ compensation people and they said ARC provided the physicals for nine other counties. Mrs. Shamrell said she initiated this by calling ARC.

Vance Payne of Emergency Services said he supported the issue on two primary points, the ease for the employee to get the mandated physicals done and the industry standards. He said ifthis passed it would give availability to the personnel to get these tests done by a group whose primary business was this particular test.

Commissioner Eastley asked Mr. Granstrom ifthe mobile vehicle would drive to Gabbs or Currant Creek for two or three physicals or ifthey would schedule a number of physicals in Tonopah and have the employees drive there. Ifthe employee would have to drive to Tonopah she said she would prefer to continue with what was in place because travel would still have to be paid. Mr. Granstrom said they did have the capability to go to those areas.

Commissioner Eastley commented that capability was fine but doing it was a different story. Mr. Granstrom explained there were minimum thresholds ARC would have to hit to do it at the rate shown. ARC worked with the counties directly to coordinate times, even on weekends, but ARC could do small numbers of physicals in the remote areas.

Commissioner Wichman asked if it was ARC’s standard operating procedure to go out to the remote areas because two people needed physicals. Mr. Granstrom said it could be done ifthere was a coordinated one week long event starting in Gabbs and hitting various other locations, but if it was just for one day to take care of two people in Gabbs it did not make sense fiscally for either the County or ARC.

Commissioner Borasky asked Mrs. Shamrell why the Board was not made aware of this situation sooner. He also asked Deputy District Attorney Tim Sutton ifthere was anything prohibiting one of the department heads from contacting all the Commissioners to make them aware of something like this or something that could be very serious.

Commissioner Eastley advised she became aware of this in the spring when POOL/PACT threatened to kick Nye County out of the program because the cost of the claims coming from Nye County law enforcement was so high. She said this was not typically something she would bring to the Board in an open meeting immediately and Page 22 November20, 2012

1:30 p.m. For Possible Action — Presentation, discussion and deliberation on approving a contract with Gilbert, Gaetke. and Associates of Nevada, MD LTD d/b/a ARC Health & Wellness Centers for the purpose of Occupational Health Services and is budgeted from Fund 10101 General.-Cont’d. preferred to present a problem with a solution, so that was how this unfolded. Commissioner Eastley brought the information back to Mrs. Shamrell, who talked with POOL/PACT and brought a solution at the same time she presented the problem.

Commissioner Borasky asked ifthe County could work with ARC in the rural areas and leave the Pahrump facility. Commissioner Eastley asked why he would want to eliminate a funding source for one hospital and thought the Board should either do both or neither.

Frank Carbone suggested this item be tabled to let the local facilities find out what the problems were, even if it was communication, instead of doing something different.

Rick Marshall said the Sheriff’s Office was not aware that the physicals conducted by Desert View were out of compliance. What they heard was out of compliance was that not all members were doing their physicals. Desert View set up a single point of contact to let the Sheriff’s Office know when an employee did not show up for a physical and then the Sheriff’s Office took action against those individual employees.

Mrs. Shamrell repeated the physicals were being done, but the County did not consistently receive copies of the physicals and the follow up on what had to happen after the physical.

Commissioner Wichman asked who provided the copy. Mrs. Shamrell stated the employee did, but it should be the hospital.

Commissioner Wichman said Nye County became responsible when the required follow up was not put on the piece of paper, but ifthat one thing was on there then the County would be in compliance with everything. Mr. Granstrom said that was correct, but he was not sure if Nye County used an order or a recommendation. He said his product was a group of medical doctors who were experienced in doing heart and lung physicals since it started over 20 years ago, so they understood the components that needed to be done, the language that needed to happen, and could help both the County and the Sheriff’s Office be in compliance. He explained the biggest difference between ARC and the hospitals was that this was what ARC honed in on. He said ARC’s objective was not to take business away from the local doctors but to make sure Nye County was compliant.

Commissioner Eastley said this was a classic process problem to her. She felt rather than throwing out the process and bringing in a new one, the County’s process should be looked at to see how it could be fixed to get the needed and wanted results. She preferred to not make a decision on this today and have staff determine where the Page 23 November20, 2012

Mrs. Webster believed it was important to maintain an open dialogue with POOL/PACT as to what the County was doing so the coverage was not jeopardized and they should be advised that the County had decided to take this path. She said the County should ask POOL/PACT to maintain the coverage while the process was proved out and they should be kept up to speed on what was being done and what achievements were being made.

Commissioner Borasky made a motion to continue this item for 90 days and then come back and make a decision; seconded by Commissioner Eastley, who asked Mrs. Shamrell to provide an update during the second meeting of each month; 5 yeas.

PUBLIC OFFICIALS

10. Assessor lOa. For Possible Action - Discussion and deliberation 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.

This item was removed from the agenda.

11. Board of Comm issioners-Cont’d.

11a. 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.

11b. 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. Page 24 November20, 2012

11c. 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.

11d. For Possible Action — Discussion and deliberation to change the time of the second meeting of the regular Board of County Commissioner meetings.

Commissioner Borasky said he would rather instruct staff to double check and see what the cost differential would be. Pam Webster said it was in the backup and it was a fluctuating cost that was hard to nail down as the meetings took on different appearances each time.

Commissioner Borasky noted there were two new Commissioners coming on board so the dialogue may go longer than it had been and that had been troubling him since he asked to put this on.

Commissioner Wichman said there were other costs besides a dollar amount, like asking staff to change their schedules in order to be at a nighttime meeting.

There was discussion about prior meetings that had run for longer than twelve hours or had to be suspended and continued the next day.

Mrs. Webster commented that it was one thing to have hourly staff start later, but the department heads were with their staff during the day, which meant they would be there at 8:00 a.m. and then stay through the meeting, which was another issue as the County operated from 8:00 a.m. to 5:00 p.m.

Commissioner Schinhofen did not see the benefit of evening meetings. Allthe county commissions in the State started at 8:30 a.m. or 9:00 a.m., and some started at 1:00 p.m. With everything on Granicus anyone could watch, and he thought there was also a way for the public to e-mail in. Lorina Dellinger advised there was a module that was not made available to the public, but it could be established easily on the web site to allow input from the community to come in immediately.

Commissioner Schinhofen asked ifthere would be a cost for that. Mrs. Dellinger said there would be no cost. Commissioner Schinhofen said he would like to try to implement that, but with all the other variables involved in this he did not see a need for it.

No action was taken on this item. Page 25 November 20, 2012 lie. For Possible Action — Discussion and deliberation to set the date and location of the second meeting of the Board of Commissioners for Tuesday. February 19, 2013 in Pahrump. Nevada.

Commissioner Schinhofen made a motion to set the meeting for Tuesday, February 19, 2012, at 10:00 a.m. in the chambers in Pahrump; seconded by Commissioner Borasky; 5 yeas.

12. Clerk

12a. 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 reiect Resolution No. 2012-46.

Pam Webster advised this would be pulled due to late back-up and would be placed on the December 4, 2012, agenda with full backup.

13. District Attorney

This item was removed from the agenda.

14. Recorder

This item was removed from the agenda.

15. Sheriff

This item was removed from the agenda.

16. Treasurer

This item was removed from the agenda.

17. Justice(s) of the Peace

This item was removed from the agenda.

18. District Court

This item was removed from the agenda.

19. Juvenile Probation

This item was removed from the agenda. Page 26 November20, 2012 GENERAL NYE COUNTY ADMINISTRATIVESTAFF

21. Emergency Services

This item was removed from the agenda.

22. Facilities

This item was removed from the agenda.

23. Finance-Cont’d.

23a. For Possible Action — Discussion and deliberation regarding Bid #2012-30 — 100 mobile and 20 portable radios and awarding of bid. The amount of the bid is unknown at agenda deadline. The purchases will be made from Fund 10401 Capital Projects.

Commissioner Eastley noted three bids were received with the low bid of $103,923.40 from Frontier Communications, but that would not be completed until April so the County would not meet the deadline for compliance with the FCC.

Commissioner Eastley made a motion to award to McIntosh Communication in the amount of $108,865.76 and execute the contract; seconded by Commissioner Sch inhofen.

Commissioner Schinhofen asked about the longevity of the radios. Richard McIntosh explained they were narrowband compliant so they would last at least ten years ifwell maintained with no further mandates.

The motion passed with 5 yeas.

23c. Budget to Actual Revenue Report

Commissioner Schinhofen asked about Administration being over budget already. Susan Paprocki explained it was due to the fluctuation of costs and the timing of payments.

Commissioner Borasky asked Pam Webster to explain the accounts at a high percentage. Mrs. Webster stated that occasionally payments were made to certain agencies and since the budgets were straightlined those payments would skew the trend until more time passed.

23d. Budget to Actual by Fund

Commissioner Wichman said she had not sent the NACO refunds to Lorina Dellinger yet which was why Commissioners were 46% over when only 33% of the year had Page 27 November20, 2012 23d. Budget to Actual by Fund-Cont’d. lapsed. Susan Paprocki said it also included a one-time $10,000.00 annual dues payment to Nevada Development.

Commissioner Wichman asked what the miscellaneous fund was. Mrs. Paprocki said all of the postage and insurance was paid out of that fund as well as the general liability insurance paid in July in the amount of $700,000.00.

24. Health & Human Services

This item was removed from the agenda.

25. HIR and Risk Management

25a. For Possible Action — Discussion and deliberation to approve emergency hire of a temporary part time I no benefits office clerk for a not to exceed six month period for the Tonopah Sheriff’s Office. Cost is estimated by HR to be $14,61 2.00 for 40 hours per week not to exceed 1039 hours and is not budgeted.

Commissioner Eastley said it was troubling to her that there were as many as 8,000 court dispositions dating back eight years that had not been entered into the system. She knew those used to be handled by an office clerk who retired, but she only retired maybe two years ago. She said this sounded like a performance and disciplinary issue.

Commissioner Eastley asked Rick Marshall it there was any reason why the dispatchers who worked graveyard shifts could not do the inputting or ifthere was anything in the labor agreement that would prohibit them from doing it. Mr. Marshall said there was not. He advised he spoke to Callie Stark about the 8,000 dispositions and learned that 6,000 of them came from 2010 when the front office went from five employees to three. Mr. Marshall also spoke to her about the dispatchers doing it. Mrs. Stark explained there may be a time when someone was arrested for numerous charges so when the dispositions were received the file had to be pulled, the minutes of the Clerk’s Office court proceedings researched, and then that had to be entered into the file in the system.

Mr. Marshall said one of the things the Sheriff’s Office was doing to address this was to move an employee to the weekend when there was no front office traffic to work on these court dispositions. The concern was to get them entered as quickly as possible to avoid any liabilityto the County if someone was to conduct a background search.

Commissioner Eastley asked Mr. Marshall ifthe Sheriff’s Office solution would be to handle this internally through rescheduling an existing employee as opposed to hiring someone for six months. Mr. Marshall said they were not opposed to it, but they would like to hire the additional employee to get caught up and shift the other employee’s schedule. Page 28 November 20, 2012

Commissioner Eastley said it was already indicated that some of this work got behind because of a more than 50% reduction in office staff in Tonopah and asked ifthe problem would be exacerbated by moving one of the employees to the weekend. Mr. Marshall did not think so because one of the reasons given by the employee was they had a lot of walk-in traffic in Tonopah. He did not think the walk-in traffic would be such that it could not be absorbed by other personnel in Tonopah for one day, but it would allow that employee to devote an entire day to the court dispositions and once caught up it should be adequate to keep it caught up.

Commissioner Eastley asked where the funding would come from. Danelle Shamrell said the Sheriff’s Office budget could not support it, but Human Resources supported it if it could be funded.

Pam Webster suggested using the contingency. Susan Paprocki said there was about $185,000.00 left.

Commissioner Eastley asked Mr. Marshall ifthere as a way this work could be transferred to staff in Pahrump. Mr. Marshall said that would not be possible because the files were all in Tonopah.

Commissioner Schinhofen said it troubled him that the District Court held on to some of these.

Sam Merlino advised no one came over to review the files that she knew of and asked if Mrs. Stark was talking about her office. Mrs. Stark advised she came over there and had not been able to come to the office for two years. She said prior to the buyouts she came to the office to review the minutes.

Commissioner Schinhofen made a motion to approve out of contingency to get it caught up; seconded by Commissioner Borasky; 5 yeas.

26. Information Technology

This item was removed from the agenda. Page 29 November20, 2012 27. Nuclear Waste Repository Project Office

27a. For Possible Action — Discussion and deliberation to: 1) approve an updated Access Agreement between Nye County and IMVNevada allowing Nye County personnel access to private land in Amargosa Valley for the purposes of drilling additional wells under the Groundwater Evaluation program; and 2) execute the agreement.

Commissioner Hollis made a motion to approve; seconded by Commissioner Eastley; 5 yeas.

27b. For Possible Action — Discussion and deliberation to: 1) award a contract to Great Basin Drilling for the drilling and completion of one monitoring well in Amargosa Valley and is budgeted from Fund 10336 Yucca Proiect Oversight; and 2) execute the contract.

Commissioner Hollis made a motion to approve and execute a contract; seconded by Commissioner Eastley; 5 yeas.

29. Public Administrator

This item was removed from the agenda.

30. Public Works

This item was removed from the agenda.

31. Senior Services

This item was removed from the agenda.

OTHER BUSINESS

32. Town BoardslTown Advisory Boards

This item was removed from the agenda.

33. Public Petitioners-Cont’d.

33a. For Possible Action — Discussion and deliberation to approve a Memorandum of Understanding with Round Mountain Gold Corporation for providing mutual assistance to a broad range of medical emergencies.

This item was removed from the agenda. Page 30 November 20, 2012

33b. For Possible Action — Presentation, discussion, and deliberation to provide a recommendation to the Nevada Division of Environmental Protection for endorsement of the “Community Source Water Protection Plan for Public Water Systems in Nye County, Nevada” (November 2012).

Commissioner Eastley made a motion to approve; seconded by Commissioner Borasky.

Commissioner Eastley asked what would trigger an amendment to the document. She was told there were no absolute specific triggers, but generally it would be things like major changes in the community, a large land use change, or new public water systems.

The motion passed with 5 yeas.

28. Planning/Building 11:00 a.m. Timed Agenda Items

28.1. Ex Parte Communications and Conflict of Interest Disclosure Statements

There were none.

28.2. For Possible Action - Public Hearing, discussion and deliberation on the following Planning and Zoning matters:

28.2.A. (Conforming) Zone Change Application:

28.2.A.1. For Possible Action — ZC-12-0008: (Conforming) Zone Change application to change approximately 9.63 acres from the Village Residential (VR 20) Zoning District to the Mobile Home Park (MH) Zoning District for property described as Parcel 2 of File Map #135959. the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 20 South, Range 53 East, located at 1221 N. Blagg Road. Middleton LLC — Property Owner/Applicant. Civilwise Services — Agent. AP# 035- 041-19.

Commissioner Wichman opened and closed the public hearing.

Commissioner Eastley asked ifthe three-year time period was part of the Code or if it was a special condition of approval. Steve Osborne from Planning advised it was in the Code that there would be a three-year time limiton any zone change approved that had special conditions attached.

Commissioner Eastley agreed with some of the people who did not want to live in a single family area with a mobile home park backed up against their property, but she did not see a special condition of approval for them to build a block wall or have fencing to place a physical barrier between the two. Mr. Osborne said that was correct. Page 31 November20, 2012

28.2.A.1. For Possible Action — ZC-12-0008: (Conforming) Zone Change application-Cont’d.

Commissioner Schinhofen asked ifthat could be added. Commissioner Eastley said she did not know if the Board could add a special condition of approval or if it merely upheld or overturned decisions made by the RPC. Mr. Osborne said it was an RPC recommendation which could be approved or changed.

Commissioner Eastley made a motion to approve Zone Change 12-0008 as per the recommendation of the RPC with the additional special condition of approval with the six foot block wall; seconded by Commissioner Schinhofen; 5 yeas. 28.2.B. Master Plan Amendment and Zone Change Applications:

28.2.8.1. For Possible Action — MP-12-0007: (Minor) Master Plan Amendment to change the land use designation from Business Park/Light Industrial to Heavy Industrial for nine (9) parcels totaling approximately 60.0 acres (gross), generally located north of Basin Avenue, east of Oyster Street, and west of Panorama Road. PV Raceway LLC; Wulfco & Wulfenstein Trust; PDMV1 LLC; and Wulfenstein, Ray & Irene Trust — Property Owner(s). Nye County Zoning Administrator — Applicant. AP#’s 035-191-45, -51, -52, -53, -54, -58, -59, -60, and - 61.

28.2.B.2. For Possible Action — ZC-12-0009: (Non-Conforming) Zone Change application to change approximately 60.0 acres (gross) from the Light Industrial (LI) Zoning District to the Heavy Industrial (HI) Zoning District for nine (9) parcels totaling approximately 60.0 acres (gross), generally located north of Basin Avenue, east of Oyster Street, and west of Panorama Road. PV Raceway LLC; Wulfco & Wulfenstein Trust; PDMV1 LLC; and Wulfenstein, Ray & Irene Trust — Property Owner(s). Nye County Zoning Administrator — Applicant. AP#’s 035- 191-45, -51, -52, -53, -54, -58, -59, -60, and -61.

Commissioner Wichman opened the public hearing.

Commissioner Eastley said she did not agree with the RPC on this at all. She realized from the planning matrix that Mr. Osborne gave her that a permissible use in heavy industrial was a fueling facility and happened to agree with the Ron and Charlotte Floyd Trust that a fuel dispensing facility was not appropriate for this location. She thought that the project should go to the zoning rather than the zoning to the project.

Commissioner Schinhofen asked ifthere were State laws that governed this. Darrell Lacy said it would be governed by federal OSHA and EPA regulations as well as the building codes, and there would be special requirements in the building code for things like sprinklers and setbacks. Page 32 November20, 2012

28.2.B.1. For Possible Action — MP-12-0007: (Minor) Master Plan Amendment Cont’d. and

28.2.B.2. For Possible Action — ZC-12-0009: (Non-Conforming) Zone Change application-Cont’d.

Commissioner Schinhofen asked ifthat was taken into account at the hearing. Mr. Lacy said it was understood it would be a requirement for the building.

Commissioner Schinhofen asked ifstaff recommended approval. Mr. Osborne said they did and that getting the zoning in place was just the first step. They would have to do a site development plan, get building permits, and submit construction plans in the future.

Commissioner Schinhofen asked what other things could come in ifthis was changed. Mr. Lacy explained one of the reasons this area was chosen was because the surrounding uses were all heavy industrial.

Commissioner Wichman closed the public hearing.

Commissioner Eastley asked how many times the zoning had changed in this area. Commissioner Hollis reminded her that Commissioner Cox changed the zoning on the other side of the street from light and heavy industrial to general commercial for sexually oriented business purposes.

Commissioner Borasky made a motion to approve MP12-0007 and ZC-12-0009 as per the recommendations of the Pahrump Regional Planning Commission; seconded by Commissioner Schinhofen; 5 yeas.

28.2.C. Public Hearing on Bill 2012-11:

28.2.C.1. For Possible Action — Public Hearing! discussion and deliberation to adopt! amend and adopt! or reiect Nye County Bill No.2012-li: 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.

Steve Osborne advised that proper notice was not given on this item and it needed to be reset. Page 33 November20, 2012

28.2.C.1. For Possible Action — Public Hearing, discussion and deliberation to adopt, amend and adopt, or reiect Nye County Bill No. 201 2-11-Cont’d.

Commissioner Eastley said she did not like this ordinance for numerous issues and asked it anybody had consulted with Public Works to see what they thought about this. Dave Fanning, Public Works Director, indicated they had not been contacted.

Commissioner Eastley said she would be very interested in what Public Works had to say about this when it came up for public hearing, but did not believe this Board should relinquish the authority to provide partial releases of financial securities.

Commissioner Schinhofen asked what the benefit of this would be. Mr. Osborne stated it would save time for the developer instead of having to go the Board of County Commissioners for approval to release the security.

Commissioner Eastley noted all planning items had to come before the Board. She thought there were many mitigating factors and it would be the law of unintended consequences if Public Works was not brought into the decision to release.

Commissioner Borasky asked who initiated this. Mr. Osborne stated the Board instructed that this be done because of an issue where an applicant who received approval to build a subdivision ended up cancelling the bond because they decided not to go forward with building the subdivision. That applicant had to come back before the Board to get the release and they went to the RPC and complained that they had to wait.

Commissioner Hollis thought this should not be heard as the authority should stay with the Board of County Commissioners.

Staff was directed to set the date and time for the public hearing as December 18, 2012, at 11:00 a.m.

28. Planning/Building Regular Agenda Items

28.A. Report on Status of Development Agreements

The report was in the back-up. Commissioner Eastley asked Steve Osborne to include all development agreements in the future, not just the ones in the PRPD.

There was discussion on the number of development agreements in existence and whether the report should be presented monthly or quarterly. Commissioner Eastley suggested that the items indicated in the status column that were outstanding or in question be “cherry picked” and put in the monthly County Manager’s report Page 34 November20, 2012 28.B. Consent Agenda: These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. THESE ITEMS ARE NOT CONSIDERED PART OF THE PUBLIC HEARING.

28.B.1. For Possible Action — Offer of Dedication OD-12-0001. Approval to accept an Offer of Dedication and maintenance for a thirty (30) foot wide portion of Powerline Road, Pahrump, Nevada. File Map #36187. Lot 13, Commercial Park Subdivision. Hafen Family Limited Partnership/M. Kent Hafen — Property Owner/Applicant. A portion of AP# 35-431 -13.

28.B.2. For Possible Action — Road Abandonment AB-12-0001. Approval to Vacate and Abandon a portion of Powerline Road containing a total land area of approximately 14580 square feet. Pahrump. Nevada. Hafen Family Limited Partnership and Thousandaire Inc. — Property Owner/Applicant.

Tim Sutton advised there was a notice issue on 28.B.2. also as there had to be a public hearing for a road abandonment. He recommended setting 28.B.2. for public hearing and continuing 28.B.1. for that same date.

Staff was instructed to set the public hearing for December 18, 2012, at 11:00 a.m.

20. County Manager 20a. Ongoing Project Report

Commissioner Eastley noted the final repairs were being made on the new Tonopah fire department building and asked when the building was finished. Vance Payne said it was over a year ago, but these were warranty issues. Pam Webster clarified it did not ever go into a warranty state. The building was not completed as there were still punch list items and there were issues with the contractor. The contractor had now come back and was finishing those items.

Commissioner Eastley asked how things like this could happen after eighteen months and who was responsible for providing oversight on the construction of the building. Commissioner Wichman said ifthere was a project manager in place or if a contingency was held this would not happen.

James Eason, Tonopah Town Manager, offered to answer any questions as he ended up being the project manager for this.

Commissioner Schinhofen asked who was in charge when Mr. Eason inherited it. Mr. Eason advised no one was designated so Mr. Payne and himself ended up being the project manager. Page 35 November 20, 2012 20a. Ongoing Prolect Report-Cont’d.

Commissioner Wichman said there needed to be one individual who coordinated everything and this should be considered to avoid this in the future. Mrs. Webster advised project managers were being assigned on all projects at this time.

Commissioner Eastley noted the RFP for the Beatty Ambulance Barn facility was revised to narrow the scope of work with a completion date of December, 2012 and asked ifthat was on track. Mr. Payne advised that deadline would not be met as it would not go out for bid for another week and would not be completed that fast. He said on the next agenda there would be a request for an extension of the EPWG funds to cover that.

Commissioner Eastley asked who would be on the focus group for the multi-purpose public safety training facility. Mr. Payne advised the Planning Department and the Sheriff’s Office had agreed to participate. He was going to reach out to some private groups and people in the County’s emergency group, and the focus group would also include someone from the Board. Commissioner Schinhofen volunteered to be part of the focus group.

Commissioner Eastley asked what changes to Title 6 the Animal Advisory Committee was working on. Mr. Payne said it was fee schedules that would reflect the differences between Tonopah and Pahrump. He said the Board would get a lot more information from the Animal Advisory Committee because of the complexities of the issues they were dealing with.

Commissioner Eastley asked about the volunteer situation. Mr. Payne stated Tim McCarty provided a stabilizing atmosphere and structure. There were some concerns brought up with the old volunteer group in Tonopah and those issues were being resolved.

Commissioner Eastley asked if Health and Human Services was working on updated policies and procedures and ifthe Board would see that. Mrs. Webster said it had been reviewed by the District Attorney and it would be presented to the Board.

Commissioner Eastley asked about the 911 Committee for the 911 surcharge and what they were waiting on. Mrs. Webster advised the committee was down a couple of members, but the 911 plan needed to be approved and presented to the Board.

Commissioner Eastley asked for an item to be placed on the next agenda to drop members who were not participating and appoint new members.

Commissioner Hollis asked Darrell Lacy ifthe County could adopt an ordinance banning translocation of desert tortoises in Nye County. Mr. Lacy said the Board could always adopt an ordinance, but it did not mean it would be acknowledged. He said the current translocations were going to be in Clark County and the ones in Nye County would ______day

Page 36 November 20, 2012 20a. Ongoing Prolect Report-Cont’d. probably be in response to the County’s HCP in response to relocation of tortoises in the County.

Commissioner Eastley said she wanted to see the results of the senior nutrition program assessment done by the Division of Aging. Mrs. Webster stated there were several audits conducted of the senior nutrition program in the last two months and the reports were being prepared for the Board.

34. GENERAL PUBLIC COMMENT (second)

There was none.

35. ANNOUNCEMENTS (second)

Sam Merlino advised the Board that the Manhattan Advisory Board vacancies would be advertised again because the positions were still not filled. She also stated another individual was still needed for the Raw MilkCommission.

36. ADJOURN

The meeting was adjourned.

APPROVED this ATTEST:

Of ,2013.

Chair Nye County Clerk / Deputy