Nye County Board of Commissioners Meeting 101

NYE COUNTY BOARD OF COMMISSIONERS MEETING

101 Radar Rd, Tonopah NV 89049 Bob Rudd Community Center, Pahrump, NV 89060 via Video Teleconferencing TUESDAY, July 6, 2004 8:30 AM

Henry Neth, Chair Candice Trummell, Vice-Chair Joni Eastley, Commissioner Midge Carver, Commissioner Patricia Cox, Commissioner Sandra "Sam" L. Merlino, Ex-officio Clerk of the Board

WEBSITE: www.nyecounty.net www.co.nye.nv.us

Nye County Mission Statement

“Nye County is committed to public policies that result from both local cooperation and responsible leadership. By finding innovative solutions, providing effective and efficient services, and maintaining accountability for decisions, Nye County will optimize human, financial, and natural resources to develop long-term, sustainable opportunities that benefit its citizens and maintain public trust in county government.” NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

Henry Neth, Chair Joni Eastley, Commissioner Candice Trummell, Vice-Chair Patricia Cox, Commissioner Midge Carver, Commissioner Sandra "Sam" Merlino, Ex-Officio Clerk of the Board

NOTE: All times are approximate except for bid openings, public hearings, and any other items agendized at a specific time. Action may be taken on all items except where otherwise indicated. Items not scheduled for a specific time may be considered at any time and in any order. NOTICE: It is anticipated that the items of business before the Board of Commissioners on July 6, 2004, 2004 will be fully completed on that date. However, should item(s) not be completed, it is possible item(s) could be carried over and be heard before the Board of Commissioners beginning at 8:30 a.m. on the next day.

Special Note: Any member of the public who is disabled and requires accommodation or assistance at this meeting is requested to notify the Nye County Manager's Office in writing or call 775-482-8191 prior to the meeting.

Please note: Blue text that is underlined indicates items are linked to supporting documentation.

NOTICE OF TIMED AGENDA ITEMS 8:45 a.m. Recess to the Nye County Board of Road Commissioners (Agenda Attached)

9:00 a.m. Recess to the Nye County Licensing and Liquor Board (Agenda Attached)

10:00 a.m. Action – Public Hearing and adoption of a Resolution pursuant to NRS 244.360 for the purpose of considering complaints filed with the Nye County Clerk., alleging the existence of certain nuisances in Beatty, Nevada at the following addresses: 1) Desert Vista Trailer Park, 350 N. Irving Street, APN’s #18-307-02 and 18-307- 03, and 2) 209 W. Hill Street, APN #18-295-02.

10:30 a.m. Presentations and Awards: there will be seven (7) employees honored and presented with certificates and/or plaques for their years of service: Erik Levin, Junee Garcia and Heidi Nicholas for 5 years of service; Emmett Chastain and James Miller for 10 years of service; and D’Rinda (Curly) Greber and Timaree Koscik for 15 years of service.

1:30 p.m. BID AWARDS:

Action - Accept, select or reject any or all bids and provide direction to staff for Bid #2004-29 – Equipment Rental For Pahrump Chip Seal Project. The rental fee for the water truck will be $3300.00 per month, the water tower will be $1020.00 per month and the roller will be $3,895.00 per month. Each piece of equipment will be assessed a 1% environmental fee each month. The total monthly expenditure will be $8297.15. Five vendors were contacted, only one bid was received from Cashman Equipment.

1 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

6:00 p.m. Action – Presentation of report, Public Hearing and acceptance of recommendations described in the FUDS DECISION DOCUMENT, former Tonopah Army Airfield (J09NV0969), Tonopah, Nevada (Draft Final).

NYE COUNTY BOARD OF COMMISSIONERS

1 Pledge of Allegiance

2 Action - Approval of the Agenda for the Board of County Commissioners' meeting of July 6, 2004.

3 Action - Approval of Minutes of the Board of County Commissioners' meeting(s) for May 4, 2004.

4 Awards and Presentations (timed item 10:30 am)

5 Announcements (first)

6 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).

7 Action - Emergency Items

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

9 Consent Agenda Items

a. Action – Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

b. Action – Approval of Elected Official Collection Report

c. Action –Signing the approved General Ledger Transfers

d. Action – Approval of Assessor’s Office Change Request

e. Action – Approval of Personnel Actions

f. Action – Approval of two (2) Community Development Block grants (CDBG) for FY 2004-2005 and sign Certification letter for authorized signatures.

g. Action - Approval to locate recently purchased portable sani-huts across from the Cosmopolitan Building on County owned property, Belmont, Nevada.

h. Action – Approval to allow Nevada Federal Credit Union to offer its financial services to employees.

2 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

i. Action – Approval of policy that will allow the Nye County Clerk to set specific application deadlines for advisory and other board appointments.

j. Action – Approval of extension of C&K Janitorial contract for Janitorial Services at the Pahrump Justice Complex.

k. Action – Approval of extension of MC Janitorial contacts for Janitorial Services at the William P. Beko Facility; Human Resources and Planning; and Public Health Nurse office in Tonopah.

l. Action - Approval for out of state travel for a representative from Emergency Services, a mechanic from the Equipment Shop and a Fire Chief to attend pre- construction meeting in Appleton, Wisconsin, for the Emergency Vehicles purchased on bids 2003-07, 2003-08, 2003-09 and 2003-10.

m. Action - Approval to have tax bills printed and advertise for those services. The estimated expenditure will be approximately $12,000.00 plus the cost of mailing 56,000 tax bills. As per NRS 332.036 the intent to purchase must be advertised.

n. Action – Approval of publication of Notice of Invitation to Bid # 2004-30, for a Road Maintenance/Construction and Soil Excavation Contractor required to support the Nuclear Waste Repository Project Office’s (NWRPO’s) Independent Scientific Investigation Program (ISIP).

o. Action – Approval of publication of Notice of Invitation to Bid #2004-31, for a Well Pump Contractor required to support the Nuclear Waste Repository Project Office’s (NWRPO’s) Independent Scientific Investigation Program (ISIP).

p. Action - Approval of publication of Notice of Invitation to Bid #2004-34 for a Drilling Contractor to construct a sonic corehole/monitor well on the Nevada Test Site in lower Fortymile Wash in support of the Nuclear Waste Repository Project Office’s (NWRPO’s) Independent Scientific Investigation Program (ISIP).

q. Action – Approval of Memorandum of Understanding (MOU) for road maintenance and snow removal between Eureka County and Nye County for the 2004-2005 fiscal year.

r. Action – Approval for out of state travel to California for continuing Legal Education Seminar on July 18, 2004 through July 23, 2004.

s. Action - Approval to accept transfer of title of ownership for a 1991 Dodge Van, and Wells Cargo Trailer and contents from the U. S. Department of Energy. Equipment is currently being used by the Nye County Hazmat Team.

t. Action – Approval of $30,000 settlement payment awarded by the Fifth Judicial District Court.

3 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

PUBLIC OFFICIALS

10 Assessor

11 Board of Commissioners

a. Action – Closure of meeting, pursuant to NRS 241.030(2) and 288.220(1-4) for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters.

b. Closed meeting, pursuant to NRS 288.220(4) for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters.

c. Action - Decisions on labor negotiations, issues and other personnel matters presented in closed meeting.

d. Action – Closure of meeting, pursuant to NRS 241.015 2 (b)(2) for purposes of conferring with counsel regarding potential or current litigation

e. Closed meeting, pursuant to NRS 241.015 (b)(2) for purposes of conferring with counsel regarding potential or current litigation.

f. Action – Decisions on conference with counsel regarding potential or current litigation presented in closed meeting.

g. Report on E.D.E.N.

h. Report on NCFIAB

i. Action – Discussion and direction concerning Nye County’s response to water filings.

j. Action - Set location of the second meetings of the Board of Commissioners for August, September, & October.

k. Action – Update, discussion, decision and direction to staff regarding the acquisition of Jackass Aeropark, Amargosa Valley, from the Bureau of Land Management to include any of the following actions: 1) Authorize obtaining lease from BLM at $64K per year; 2) Authorize County staff to apply to BLM for securing and transferring land for a County Airport, in addition, authorize and designate funding necessary to comply with Federal Aviation Administration (FAA) criteria for consideration to be placed on the NPIAS, then work with FAA to submit necessary paperwork, estimated costs $220K; 3) County takes no action.

l. Action – Review previously approved item on buildings for the Planning, Public Works, Building and Safety and Natural Resources and Federal Facilities

4 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

departments to: 1) Take no action; 2) Re-look at the cost expenditure of the two buildings; or 3) Direct County Manager to look at other options.

m. Action – Accept the Nevada’s selected business assistance program as: 1) Accept as is; 2) Add other incentives to the current assistance plan; or 3) Take no action.

n. Action - Discussion, decision and direction regarding Nye County Code Chapter 9.20 - Prostitution. Actions may include direction to begin process to amend existing regulations, adopt new regulations or repeal existing regulations for legalized prostitution within Nye County.

o. Action - Discussion and possible decision to place an advisory question on the November 2004 general election ballot regarding legalized prostitution. Possible action includes but is not limited to the following: place an advisory question on the ballot to determine whether or not the citizens of Nye County want prostitution to remain a legal business within Nye County, determine the language of the question and the arguments for and against passage, appoint someone to draft said language, set a special meeting to review the language, or take no action.

p. Action - Discussion and possible decision to approve contracting with independent outside legal counsel to clear up outstanding issues associated with Nye County's airports and the FAA, authorizing Commissioner Eastley, Kevin Burkhardt and Michael Maher to approve the contract with the outside legal counsel and set a not to exceed amount of $10,000.

q. Action - Discussion, decision, approval and direction to staff on Resolution #2004- 23, To Terminate the Tonopah Airport Lease between Nye County and Scott- Walker Boudwin.

r. Action – County Manager Review: 1) Review performance with personnel; 2) Review performance on board decision and/or directions; 3) Set goals for County Manager; or 4) Take no action.

12 Clerk

a. Action – Appointment of two members to the Pahrump Regional Planning Commission due to one expired term and one resignation.

13 District Attorney

14 Recorder

15 Sheriff

a. Action – Request authorization for the Nye County Sheriff to travel to Washington DC to provide expert testimony to Congressional Committees regarding Animal Fighting. Funding to be determined. 5 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

16 Treasurer

a. Treasurer’s Report

17 Justice(s) of the Peace

a. Action – Discussion and decision regarding adding two Deputy Clerk positions to Pahrump Justice Court and to advertise and fill those positions as soon as possible.

18 District Court

19 Juvenile Probation

GENERAL NYE COUNTY ADMINISTRATIVE STAFF

20 Budget

a. Action – Discussion and decision on the approval of items to be funded by the PETT budget for Fiscal year 2004-05.

21 County Manager

a. Action – Discussion, decision and direction to staff on policy to be followed regarding the use of Video Teleconference System (VTS) for Board of County Commissioner (BOCC) meetings.

b. Action – Discussion, decision and direction to staff regarding the Congressional request for $725,000 that was sent to Marvin Stodolsky and Kim Laing of the Department of Energy by the County Manager.

22 Emergency Services

a. Action – Approval to apply for the continuous Emergency Management Performance Grant (EMPG) for Federal Fiscal Year 2005. The scope of work for this grant is reimbursement to the county for part of the Emergency Services Director’s salary.

b. Action – Approval to apply for the allotted funding for FY 2005 DOE EPWG Grant in the amount of $448,058.00. This is 100% funded grand (no match required).

c. Action – Approval to accept award of Homeland Security Grant for Fiscal Year 2004 (100%) funded, no match): ODP/04 Homeland Security Grant in the amount of $264,362.39.

6 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

d. Action – Approval to accept award of Homeland Security Grant for Fiscal Year 2004, (100% funded, no match): IDO.04 - Law Enforcement Terrorism Prevention Program (LETPP) in the amount of $79,716.87.

23 General Services

a. Action – Approval to purchase a 1998 26’x52’ Nashua Mobile Home from Country Homes in Pahrump, for the amount of $49,200.00 to be used as a Sheriff’s substation in Smoky Valley. The unit will also be equipped with an awning (both front and back), commercial grade tile and carpet, an air conditioning unit and a handicapped accessible front deck. The County will be reimbursed for half of the purchase price from Round Mountain Gold. To be paid out of PETT Capital Outlay/Projects.

24 Health & Human Services

25 Management Information Systems

26 Natural Resources and Federal Facilities

a. Action – Approve a contract increase of $20,000 to enable Earth Knowledge, LLC to prepare a report summarizing the 2004 Devils Hole Workshop special session on management issues and science program in the Death Valley Region.

b. Action - Discussion and decision on 2nd Amendment to Professional Services Agreement with Thomas S. Buqo

c. Action – Update on Yucca Mountain transportation.

27 H/R and Risk Management

a. Action – Discussion and approval to cancel the remainder of work due under the contract with The Mercer Group and approve for Nye County to complete a review of any compensation and classification issues within sixty (60) days.

b. Action – Discussion and approval of proposed reorganization plan for Nye County Departments.

c. Action - Approval for COLA increase for non-represented NCEA & NCMEA employees equal to the 3% COLA provided to represented employees.

28 Planning

a. Action - Decision concerning a request for approval of the Final Desert Greens Phase II Subdivision Map related to the Desert Greens Planned Unit Development, and related Subdivision Improvement Agreement; consisting of 65 residential lots, and located on the north side of Wilson Road between Big 5 Road and Lola Lane; AP #35-611-04; Deserto Verde, LLC – Owner/Developer. 7 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

b. Action - Decision concerning request for approval of a Traffic Signalization Agreement related to the Desert Greens Planned Unit Development; located on the north side of Wilson Road between Big 5 Road and Lola Lane; Deserto Verde, LLC – Owner/Developer.

c. Action - Decision concerning a request to release all but 15% of the financial security related to the Artesia Phase III Subdivision Improvement Agreement; Hafen Ranch Estates – Owner/Developer.

d. Action - Decision concerning setting a date, time and location for a Public Hearing on Nye County Bill No. 2004-13: a Bill proposing to amend Nye County Code Chapter 16.32, the regulations related to Development Agreements, by amending section 16.32.030, Projects Eligible for Development Agreement Consideration, from the existing 700 acre minimum project size, to any size subdivision map; by including “subdivision” in the definition of Land Use Application; and other matters properly related thereto.

e. Action - Decision concerning setting a date, time and location for a Public Hearing on Nye County Bill No. 2004-14: a Bill proposing to amend Nye County Code 16.28, the Division of Land and Planned Unit Development within the Pahrump Regional Planning District regulations, by removing the reference to Planned Unit Development in the Chapter Title; repealing the Planned Unit Development regulations, sections 16.28.410 through 16.28.630, inclusive; by amending section 16.28.170.H.1.a, the requirement to provide water rights for parcel maps, by increasing the amount of water rights required from 1.12 acre feet per parcel to 2.02 acre feet per parcel; by amending section 16.28.240, Appeal, to require the filing of appeals in accordance with Nye County Code Chapter 16.36; by amending section 16.28.120 by removing the use of the term Variance for all actions indicated within that section; by removing from section 16.28.090, Definitions, the definition of Variance and adding components of its definition to the definition of Waiver; by amending section 16.28.260 to achieve compliance with the zoning regulations in areas related to minimum lot areas, dimensions, yards and setbacks, and building height; by adding section 16.28.355.C, authorizing the use of Development Agreements or payment in lieu of construction of improvements to address off-tract improvements and other impacts; and other matters properly related thereto.

f. Action - Decision concerning Nye County Resolution No. 2004-21: a Resolution establishing the Pahrump Regional Planning District Development Agreement Task Force; stating membership, voting rights and other matters properly related thereto.

29 Public Administrator

30 Public Works

8 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

a. Action - Approval of Change Order # 1 to Contract 2003-PWRD-29 for a contract schedule extension for Tri-Core Engineering.

31 Senior Services

OTHER BUSINESS

32 Town Boards/Town Advisory Boards

a. Action – Approve the request of the Pahrump Town Board to purchase, for delinquent taxes, a 3.2 acre piece of property located at Barney and Tonya in the Town of Pahrump, APN #29-462-20.

33 Public Petitioners

a. Action – Discussion and decision to take action to correct direction given to the Olson Family Trust for parceling requirements.

34 GENERAL PUBLIC COMMENT (second)

35 ANNOUNCEMENTS (second)

36 ADJOURNMENT

9 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

AGENDA NYE COUNTY BOARD OF ROAD COMMISSIONERS

101 Radar Rd, Tonopah NV 89049 Bob Rudd Community Center, Pahrump, NV 89060 via Video Teleconferencing TUESDAY, July 6, 2004

8:45 A.M.

Patricia Cox, Chair Joni Eastley, Member Midge Carver, Vice-Chair Candice Trummell, Member Henry Neth, Member Sandra "Sam" Merlino, Ex-Officio Clerk of the Board

NOTE: All times are approximate except for public hearings and any other items agendized at a specific time. Action may be taken on all items except where otherwise indicated. Items not scheduled for a specific time may be considered at any time and in any order.

1 Action -Approval of minutes for May 4, 2004.

2 GENERAL PUBLIC COMMENT (Three-minute time limit per person and requested to be limited to items not listed on the agenda. No action will be taken by the Board.)

3 Action - General road report by Public Works Director

10 NYE COUNTY BOARD OF COMMISSIONERS AGENDA

ITEM # SUBJECT July 6, 2004

AGENDA NYE COUNTY LICENSING AND LIQUOR BOARD

101 Radar Rd, Tonopah NV 89049 Bob Rudd Community Center, Pahrump, NV 89060 via Video Teleconferencing TUESDAY, July 6, 2004

9:00 A.M.

Joni Eastley, Chair Candice Trummell, Member Midge Carver, Vice-Chair Patricia Cox, Member Henry Neth, Member Sandra "Sam" Merlino, Ex-Officio Clerk of the Board Tony DeMeo, Member

1 Action - Approval of Minutes for May 4, 2004.

2 GENERAL PUBLIC COMMENT (Three-minute time limit per person and requested to be limited to items not listed on the agenda. No action will be taken by the Board.)

3 Action – Renew of Existing Brothel Licenses:

a. Cherry Patch II b. Cherry Patch c. Mabel’s Ranch d. Shady Lady e. Chicken Ranch

4 Action - Renewal of Existing Liquor and Gaming Licenses (3 page list attached)

5 Action – Discussion and decision on change of licensee for the Belmont Inn, Bertie and Henry Berg, Applicants.