NYE COUNTY AGENDA INFORMATION FORM X Action EC]I Presentation EC]I Presentation & Action

Action requested: (Include what, with whom, when, where, why, how much ($) and terms)

Discussion and possible decision to approve the BOCC Minutes for: June 30, 2004, July 12, 2004, August 6,2004, August 27,2004 September 14,2004, September 23,2004, January 18, 2005, February 15,2005, March I,2005, March 2,2005, March 7,2005 and March 22,2005. I Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures)

Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 10 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)

C;) No financial impact

Clerk of the Board Date AGENDA FINANCIAL FORM

Agenda Item No.: 1. Department Name: 2. Financial Contact Person: Direct Phone 482-7280 3. Personnel Contact Person Direct Phone 4. Was the Budget Director consulted during the completion of this form (Y or N )? 5. Does this item require a budget adjustment to be made (Y or N)? 6. Account Number Data: (Complete for all revenue and expenditure lines and for all fiscal years that are impacted. "Comments" section below.)

FY Budgeted Fund Function Object $ Amount

7. Comments:

Completed by: Date: Signature Page ? Date 06130104

Pursuant to NRS, the Nye County Board of Commissioners met in special teleconference session at 4:00 p.m. in Commissioner Chambers Tonopah, Nevada

Henry Neth, Chairman Candice Trummell, Vice-Chairperson Patricia Cox, Commissioner Joni Eastley, Commissioner Midge Carver, Commissioner Erik Levin, Deputy District Attorney Sandra "Sam" Merlino, Ex-Officio Clerk of the Board Michael Maher, County Manager

Also Present in Tonopah: Susan Wharff, Deputy County Clerk; Charlie Rodewald, Budget Director.

Present via Phone: Commissioner Eastley, Commissioner Carver, Commissioner Neth and Commissioner Trummell.

Not Present; Commissioner Cox and Sandra Merlino, Nye County Clerk

4:OO P.M.

A. APPROVE THE TRANSFER OF $50,000.00 FROM THE AMARGOSA TOWN GENERAL IWND TO THE AMARGOSA COMMUNIW CENTER FUND.

Mr. Rodewald reviewed. He stated there was letter from the Amargosa Town Advisory Board requesting the transfer.

Commissioner Eastley made a motion to approve; seconded by Commissioner Carver; 4 yeas.

B. APPROVE THE MISCELLANEOUS YEAR-END TRANSFERS AS NEEDED.

Mr. Rodewald reviewed. We stated the information was explained in the backup e stated he had reviewed the rest of the towns. t-fe stated he needed to transfer some money into the Manhattan town general fund. He stated they started the year in a minus position and the revenues are only going to be $6400.00 and $ 9200.00 would be spent.

Commissioner Eastley made a motion to approve the transfer out of #492; seconded by Commissioner Carver. Page 2 Date 06130104

6.APPROVE THE MISCELLANEOUS YEAR-END TRANSFERS AS NEEDED -CONT'd.

Commissioner Trummell asked why they were spending more than their revenue and discussed her concerns with bailing out towns that over spend.

Commissioner Carver stated she recalled they had some problems with a water main breaking.

Mr. Rodewald stated he would have to look into the issue of the receivables from the Manhattan Water fund. He stated Nye County took care of the billing for the Manhattan Water Company.

There was general discussion on how the other towns were set up.

Commissioner Trummell stated this was a dangerous precedence without an explanation as to why.

Commissioner Neth asked if the Board could have a report at the next meeting in Tonopah.

Mr. Rodewald stated the transfers needed to happen by June 30, 2004. He stated he could have a report for the Board. He reviewed.

There was general discussion on who kept track of Manhattan's budget.

Mr. Neth stated he also wanted to know why before voting on augmenting their budget.

Mr. Rodewald stated it was the Board's decision and he would prepare a report.

Commissioner Eastley withdrew her motion. Commissioner Carver withdrew her second.

COMMITTEE.

Commissioner Neth volunteered to be the representative. Page 3 Date 06130104

C. DISCUSSION, DECISION AND APPOINTMENT OF A NYE COUNTY COMMISSIONER AS A REPRESENTATIVE TO THE SOUTHERN NEVADA WATER AUTHORITY (SNWA) INTEGRATED WATER PLANNING AVISORY

Commissioner Trummell made a motion to appoint Commissioner Neth as the representative; seconded by Commissioner Eastley; 4 yeas.

PUBLIC COMMENT

Commissioner Trummell stated the dust control meeting scheduled for July 7, 2004 was not agendized in a way that two Commissioners could attend. She suggested Commission Neth and Cox attend the meeting.

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Carver; 4 yeas.

Meeting adjourned.

APPROVED this day ATTESTED:

Chairman, BOCC Nye County Clerk - Deputy Page 1 Date 07/12/04

Pursuant to MRS, the Nye County Board of Commissioners met in special teleconference session at 9:00 a.m. in Commissioner Chambers Tonopah, Nevada and Pahrump, Nevada.

Also Present: Susan Wharff, Deputy County Clerk

Present via Phone: Commissioner Carver; Commissioner Eastley; Commissioner Trummell; Commissioner Neth and Charlie Rodewald, Budget Director.

Not Present: Commissioner Cox; Erik Levin, Deputy District Attorney

9:00 A.M.

A. APPROVE THE REQUEST OF THE AMARGOSA TOWN ADVISORY BOARD TO PURCHASE, FOR DELINQUENT TAXES, PROPERTY AT 2180 E. SAGE STREET, AMARGOSA VALLEY, NEVADA, APN #I9-201 -1 1.

Mr. Maher reviewed.

Commissioner Eastley asked what they wanted to use the property for and if they had money in their budget to purchase it.

Commissioner Neth now present. Commissioner Eastley updated Commissioner Neth.

Mr. Maher stated it was for a park, school, swimming pool and emergency services building and for ftiture town needs.

Commissioner Eastiey made a motion to approve; seconded by Commissioner Trummeil; 4 yeas. Page 2 Date 0711 2/04

PUBLIC: COMMENT

There was no public comment.

Commissioner Neth made a motion to adjourn; seconded by Commissioner Trummell; 4 yeas.

Meeting adjourned.

APPROVED this day ATTESTED:

Chairman, BOCC Nye County Clerk / Deputy Page 1 Date Obi06164

Pursuant to NRS, the Nye County Board of Commissioners met in teleconference session at 900 a.m. in the Commissioners' Chambers, Tonopah, Nevada and Pahrump, Nevada

Also present: Susan E. Wharff, Deputy County Clerk

Not present: Commissioner Neth, Commissioner Cox joined in at the end of the meeting.

9:00 A.M.

A. DISCUSSION AND APPROVAL TO ACCEPT GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE BEATTY AIRPORT, BEATTY, NEVADA; AIP PROJECT NO. 3-32-0002-05; CONTRACT NO. DTFA08-04-C-31532.

Commissioner Eastley stated each segment had to be bid out.

Commissioner Eastley made a motion accept the grant offer for the Beatty Airport; seconded by Commissioner Carver; 3 yeas.

B. DISCUSSION AND APPROVAL TO ACCEPT GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE GABBS AIRPORT, GABBS, NEVADA; AIP PROJECT NO. 3-32-0029-03; CONTRACT NO

Commissioner E pt the grant offer for the Gabbs airport; seconded by Commissioner Carver; 3 yeas. Page 2 Date 08i06i04

PUBLIC COMMENT

There was no public comment.

Commissioner Cox now present.

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Carver; 4 yeas.

Meeting adjourned.

APPROVED this day ATTEST: of ,2005

BOCC / Chairman Nye County Clerk 1 Deputy Page 1 Date 08/27/04

Pursuant to NRS, the Nye County Board of Commissioners met in Teleconference session at 9:OO a.m. in the Commissioners' Chambers, Tonopah, Nevada and Pahrump, Nevada

Also present: Susan E. Wharff, Deputy County Clerk

Not present: Sandra Merlino, Nye County Clerk

9:00 A.M.

1. DISCUSSION, CONSIDERATION AND POSSIBLE DECISION ON THE PURCHASE OF THE PROPERTY KNOWN AS THE CALVADA EYE, APN 071-05, 42-071-03,42-901-2,3,4,5,6,7,8,9 AND 10, INCLUDING ALL BUILDINGS; ACCESSORIES; PERSONAL PROPERTY; WATER AND MINERAL RIGHTS; AND ALL PERTINENT ATTACHMENTS.

Commissioner Neth discussed the need for consolidation of community services. He stated because of the growth there was a need for additional facilities.

Commissioner Eastley stated she had no backup on the item. She asked what the cost was and the extent of the purchase.

Commissioner Neth stated the offer was $ 3.2 million dollars. He stated there was $100,000.00 earnest money put up. He reviewed what was being checked out with the property in a 30-day time frame.

Commissioner Tru n this. She reviewed.

Commissioner Neth discussed the release of the $ 100,000.00 earnest money and the 30-day due diligent period. Page 2 Date W27i04

1. DISCUSSION, CONSIDERATION AND POSSIBLE DECISION ON THE PURCHASE OF THE PROPERN KNOWN AS THE CALVADA EYE, APN 42- 071-05, 42-071-03,42-901-2,3,4,5,6,7,8,9 AND 10, INCLUDING ALL BUILDINGS; ACCESSORIES; PERSONAL PROPERTY; WATER AND MINIRAL RIGHTS; AND ALL PERTINENT ATTACHMENTS-CONT'D.

Commissioner Trummell made a motion to approve the purchase of the Calvada Eye as amended for the purpose of establishing a "One Stop" for the community; seconded by Commissioner Eastley.

Commissioner Cox requested the appraisal value be checked also within the 30- day period as well as utility information.

Mr. Maher reviewed the list of due diligence that needed to be checked in the 30- day time frame; water rights, building structure, mechanical attachments, appraised value and utilities.

Commissioner Neth suggested also checking the open water liability on the duck pond.

There was general discussion on other issues that should be included on the due diligence list.

Ron Kent, Deputy District Attorney, discussed what was on the County right-of- way and what easements were involved with the property.

Mr. Maher asked about the resources to maintain the property.

Commissioner Neth stated it could be a community project.

Commissioner Trummell stated the apartment complexes needed to be addressed.

Mr. Kent stated the apartments needed to be added to the due diligence list. He discussed the current leases and the need for ratification.

Commissioner Trummell amended her motion to pay for the purchase out of Fund #492 and to look into medium term financing for the project.

Commissioner Neth suggested the property owned by the BOCC could be sold and to use the funds to pay for the Calvada Eye. Page 3 Date 08i27i04

I.DISCUSSION, CONSIDERATION AND POSSIBLE DECISION ON THE PURCHASE OF THE PROPERTY KNOWN AS THE CALVADA EYE, A 71-03.42-901 -2,3,4,5,6,7,8,9 AND 10, INCLUDING ALL

Commissioner Trummell amended her motion to reflect that the County would pay for the purchase initially out of Fund #492 until and unless they receive funding from auctioning off County properties that would pay for the project; Commissioner Eastley amended her second.

Mr. Maher discussed his concerns with getting all of the things done on the due diligence list in a 30-day period.

Mr. Kent suggested prioritizing the issues.

There was general discussion on obtaining an appraisal or estimate of value.

Commissioner Cox stated she would be more comfortable with obtaining an appraised value.

Mr. Kent clarified the agreement that the earnest money to deposit was $ 100,000.00 and if during the 30-day due diligence period a problem arises it clearly contemplates the County can back out and the $ 100,000.00 can be fully refundable.

Pauia Giiddon stated the $ 100,000.00 was fuiiy refundabie.

Commissioner Cox asked about having to go into details on the "One Stop" project.

Mr. Kent stated that was not within the scope of the agenda item as written.

Sheldon Bass, Pahrump resident, suggested adding to the addendum that during the period of time of investigation that the seller be fully responsible for maintaining the grounds until escrow closes.

Ms. Gliddon agreed. Page 4 Date Obi27i04

Harley Kulkin, Pahrump resident, stated he had concerns on current projects to accommodate County offices and who would be responsible for paying for the repairs on the Calvada Eye property.

There was general discussion on what was included in the contract regarding repairs.

Robert Smith, Pahrump resident, stated the purchase of the property should only be contingent on the sale of the County property at auction. He stated if it had to be financed it should not go through. He discussed the town having no money. He also discussed his concerns with building fees increasing to build a house.

Victoria Balint, Pahrump Valley Chamber of Commerce, thanked Ms. Glidden for the reduction in fees. She also thanked Tim Hafen for helping with the development of the project.

Commissioner Trummell thanked Ms. Balint for bringing the property to the Board's attention.

Mr. Hafen stated he was not the lead developer but he would help with anything they might need.

The motion passed with 5 yeas.

STAFF TO ISSUE IMMEDIATELY, UPON APPROVAL, A CHECK FOR $100,000.00 FROM ACCOUNT 492 AS EARNEST MONEY DEPOSIT FOR PURCHASE OF PROPERTY KNOWN AS CALVADA EYE, FUNDS TO BE RELEASED AND NON-REFUNDABLE AFTER 30 DAYS DUE DILIGENCE.

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

Commissioner Neth stated the check needed to be made out to Chicago Title, Page 5 Date 08/27/04

2. DECISION, CONSIDERATION, POSSIBLE DECISION AND DIRECTION TO STAFF TO ISSUE IMMEDIATELY, UPON APPROVAL, A CHECK FOR $100.000.00 FROM ACCOUNT 492 AS EARNEST MONEY DEPOSIT FOR PURCHASE OF PROPERTY KNOWN AS CALVADA EYE, FUNDS TO BE RELEASED AND NON-REFUNDABLE AFTER 30 DAYS DUE DILIGENCE CONT'D.

Commissioner Trummell suggested Commissioner Neth be the lead liaison contact.

Commissioner Neth stated Commissioner Trummell needed to be involved also.

The motion passed with 5 yeas.

PUBLIC COMMENT

Victoria Balint, Pahrump Chamber of Commerce, stated there would be a Community One Stop meeting and barbecue at the Calvada Eye on September 9, 2005.

Robert Smith, Pahrump resident, commented on the County not being able to build a hospital and how the Board did not care about the people in the community.

Commissioner Eastley asked if Mr. Smith was aware of the hospital being built by a private company and not by Nye County.

Mr. Smith yes he was aware of that.

Commissioner Cox made a motion to adjourn; seconded by Commissioner Carver; 5 yeas.

Meeting adjourned.

APPROVED this Y ATTEST:

BOCC / Chairman Nye County Clerk IDeputy Page 1 Date OW4iO4

Pursuant to NRS, the Nye County Board of Commissioners met in teleconference session at 900 a.m. in Commissioner Chambers Tonopah, Nevada and Pahrump, Nevada

Also present: Susan E. Wharff, Deputy County Clerk

Not present: Commissioner Neth

9:00 A.M. PURSUANT TO NRS 293.387 (1). CANVASS OF THE RETURNS OF THE ELECTION HELD ON SEPTEMBER 7,2004.

Sandra Merlino, Nye County Clerk, asked if there were any questions. She stated everything went very well.

There was general discussion on what channel 41 was reporting.

Mrs. Merlino stated there was only one results cartridge that would not read on an eariy voting machine. She stated that was taken care of by the Sequoia people. She reviewed.

Mrs. Merlino stated they had one voter vote twice. She stated it would not have made a difference in any of the races. She explained the testing procedures in place. She stated the voter had insisted he had not cast his ballot. She stated the worker had tested the card and it did read "voted". She stated the voter was so intimidating to the worker that she allowed him to vote again. She stated she had let the District Attorney's Office know and she also discussed the issue with

Commissioner Eastley made a motion pursuant to NRS 293.387 (I)that we accept the returns of the election that was held on September 7, 2004; seconded by Commissioner Cox; 4 yeas. Page 2 Date OW4/04

PUBLIC COMMENT

Butch Borasky, Pahrump resident, stated he misspoke at the last meeting and apologized for the statement that Commissioners were ramming new rules and regulations through. He stated the Planning Department was ramming this information through. He stated they needed to slow down and he did not like the contents of the Ordinance being proposed. He stated the people would be hurt financially.

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Cox; 4 yeas.

Meeting adjourned.

APPROVED this day ATTEST:

Chairman 1 BOCC Nye County Clerk I Deputy Page 1 Date 09123104 Pursuant to NRS, the Nye County Board of Commissioners met in Teleconference session at 9:00 a.m. in the Commissioners' Chambers, Tonopah, Nevada via teleconference with Pahrump, Nevada.

Also present: Susan E. WharFf, Deputy County Clerk; Charlie Rodewald, Budget Director.

Commissioner Neth was not present at the adjournment of the meeting.

9:00 A.M. - A. PRESENTATION OF STATUS OF NYE COUNTY'S PERFORMANCE OF DUE DILIGENCE PERTAINING TO THE CONTEMPLATED PURCHASE OF THE REAL PROPERTY COMMONLY KNOWN AS THE "CALVADA EYE," AND MORE SPECIFICALLY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS: 42-071-05,42-071-03,42-901-2,3, 4,5,6,7,8,9 AND 10, CONSIDERATION AND POSSIBLE DECISION RELATIVE TO ALLOCATING FUNDING AND MANPOWER TO EXPEDITE AND COMPLETE THE PERFORMANCE OF NYE COUNTY'S DUE DILIGENCE, INCLUDING EXAMINATION AND ASSESSMENT OF ALL BUILDINGS, ACCESSORIES, PERSONAL PROPERTY, WATER AND MINERAL RIGHTS, ALL PERTINENT ATTACHMENTS TO SAID PROPERTY, MECHANICAL SYSTEMS, FOUNDATIONS, APPRAISED VALUE, FIRE CODE COMPLIANCE, AND ALL OTHER MATTERS REASONABLY RELATED THERETO AND POSSIBLE DECISION TO AUTHORIZE FUNDING AND EXPENDITURES NECESSARY TO ACCOMPLISH AND CONCLUDE PERFORMANCE OF NYE COUNTY'S DUE DILIGENCE AND FINALIZATION AND COMPLETION OF THE PROPOSED PURCHASE OF AFOREMENTIONED PROPERTY.

Michael Maher, Nye County Manager, stated he had received a draft report from Ninyo & Moore. He stated mold and asbestos had been identified that would need to be abated. He stated the propane company did its test and the lines had held. He stated the only thing that would need to be replaced was 6 regulators and a portion of the outside piping. Page 2 Date 09123104

9:00 A.M. - A. PRESENTATION OF STATUS OF NYE COUNTY'S PERFORMANCE OF DUE DILIGENCE PERTAING TO THE CONTEMPLATED PURCHASE OF THE REAL PROPERTY COMMONLY KNOW AS THE "CALVADA EYE,"-CONT'D

Mr. Maher stated the cost of the piping would be approximately $ 1600.00. He stated the amount of revenue coming in on the apartments was $ 3,175.00 a month. He also stated he had checked with the state and the County could use medium term financing at 4.5 and could go over 10 years if they could get the counties Debt Management Commission approval to go 15 years. He discussed what would have to be approved by the DMC. He also discussed the inter fund loan issues.

Toni Capucci, Nevada State Fire Marshall, stated he had looked at the site. He stated there were no plan reviews done when the property was first built. He stated it would need to be brought up to code. He discussed the different problems with the buildings and grounds and structure issues. He discussed the estimated cost of the repairs to bring it up to code.

Sally Devlin, Pahrump resident, stated the property was located in a flood plane.

Mr. Capucci stated he was not aware of that.

Mr. Maher stated regarding the financing of the building, the State had told him there could be a problem with titling.

Mr. Kent discussed the No-To-Abuse lease issues and statutes involvmg conveying titles.

Mr. Capucci stated whoever owned the property was going to have to upgrade it. He stated the certificate of occupancy could not be issued until it was brought up to code. He also stated the emergency issues needed to be handled first then continue staging through the remaining code issues.

Commissioner Cox asked if the seller would consider sharing the cost.

Paula Glidden stated the property was not perfect. She stated she could check with the owner. She stated there were other buyers looking at the property who were not concerned about the repair issues. Page 3 Date 09i231U4

9:00 A.M. - A. PRESENTATION OF STATUS OF NYE COUNTY'S PERFORMANCE OF DUE DILIGENCE PERTAlNlNG TO THE CONTEMPLATED PURCHASE OF THE REAL PROPERTY COMMONLY KNOWN AS THE "CALVADA EYE,"-CONT'D

Commissioner Trummell asked if the County decided to tear down the building would the owner be willing to give the County what it would have cost them to do the repairs.

Paula Glidden stated she did not think that was a problem. She discussed the work the owner had been trying to get done on the property.

There was general discussion on the purchase price of the property and what was negotiable.

Commissioner Eastley stated she knew how important it was to acquire the properties and what they were worth.

Commissioner Carver stated she agreed with Commissioner Eastley.

Commissioner Cox stated Mr. Hafen had offered a 15-acre foot lease on water for two years at no charge to the County and discussed other purchase options available.

There was general discussion on what water rights and acre-feet could be acquired.

Charlie Rodewald, Budget Director, discussed his concerns with committing and relying on PETT funds for the project and the stability of receiving those funds in the future.

Commissioner Trummell stated in the worse case scenario the property could be sold.

Mr. Rodewald discussed the options to the County and if they were willing to put the property up for collateral.

There was general discussion on the financing options. Page 4 Date 09i23i64

Commissioner Cox made a motion to approve the purchase of the Calvada parcels #42-071-05, 42-071-03, 42-901-2, 3,4, 5, 6, 7, 8, 9 and 10 out of PET1 funding #492 in the amount of $ 3.2 million; seconded by Commissioner Eastley; 4 yeas. Commissioner Neth was not present.

PUBLIC COMMENT

Commissioner Cox asked that Mr. Maher have the different financial options and planning figures on the property on the agenda for the next BOCC meeting. She also stated she wanted everything on the table regarding parceling out a portion of that property to No-To-Abuse.

There was general discussion on what needed to be on the next agenda.

Mr. Rodewald asked if the Board had considered using some of the land at PMC for No-To-Abuse.

Commissioner Cox and Commissioner Eastley discussed No-To-Abuse and their property needs for obtaining funding.

Commissioner Cox made a motion to adjourn; seconded by Commissioner Eastiey; 5 yeas.

Meeting adjourned.

APPROVED this day ATTEST:

Chairman BOCC Nye County Clerk IDeputy Page 1 0 111 8/05 Pursuant to NRS, the Nye County Board of Commissioners met in regular session at 8:30 a.m. at the Bob Ruud Community Center, Pahrump, Nevada 89048

Candice Trummeil, Chairman Joni Eastley, Vice-chairman Patricia Cox, Commissioner Midge Carver, Commissioner Gary Hollis, Commissioner ~rik~evin, Deputy District Attorney Sandra "Sam" Merlino, Ex-Clfficio Clerk of the Board Michael Maher, County Manager

Also present: Linda Uhl, Deputy Clerk; DanRa Boscovich, Certified Court Reporter, Ron Kent, Deputy Distrid Attorney

1. PLEDGE OF ALLEGIANCE

Pledge was recited.

2. APPROVAL OF THE AGENDA FOR THE BOARD OF COUNTY COMMISSIONERS' MEETING OF JANUARY 18.2005

Mr. Maher requested that the 10:OO timed agenda item, and items 7, 10, 12F, 13, 14, 16 (report only), 17, 18, 19, 22, 23, 24, 25, 29, 30, 31, and 32 be removed from the agenda.

3. APPROVAL OF MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' NIEETING(S) FOR AUGUST 17,2004

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

See timed agenda item.

5. ANNOUNCEMENTS (FIRST)

There vvere none.

6, GENERAL PUBLIC COMMENT

Jim Crater, Amargosa Valley resident, reviewed his concerns with the possible expansion of local dairies. Page 2 0111 8105 5. GENERAL PUBLIC COMMENT - Cont'c!

Ed Fox commented on what he felt should be the BOCC's priorities; the general fund; CTX fund; and closed door sessions.

Bill Barrickman, Amargosa Valley resident, reviewed his history in Amargosa Valley as a certified organic pistachio farmer. He read a portion of an "Introduction" that he presented regarding "factory farms."

Commissioner Eastley stated that should the dairy go that direction, they would have to apply for permits through the State of Nevada. She suggested that the information they were gathering would best be delivered to the NDEP. She reviewed the matter.

Sally Devlin commented on the Ms. Senior Pahrump fashion show scheduled for February 5, and the December I,2004 Tri-Core meeting.

Jim Petell commented on PETT money being added to the Treasurer's Report, and the Pahrump Regional Medical Center.

Commissioner Cox stated that Ron Kent, Deputy District Attorney, stated that he would update the Board on the status of the Medical Center.

7. EMERGENCY ITEMS

Item was removed from the agenda

BOARD OF NYE COUNTY COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS

NYE COUNTY BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS

21. COUNTY MANAGER

Dr. Roberts, Superintendent of Nye County School District, stated that they had asked to work with County staff to rewrite the ordinance concerning the interest from the Educational Endowment Fund. He reviewed the matter. Page 3 0 111 8/05 2?B. PROPOSAL OF E!LL NO. 2005-03 AMENDING MYE COUNTY CQDE TO DIRECT MONEY FROM THE COUNTY'S EDUCATIONAL ENDOWMENT FUND FOR USE BY THE NYE COUNTY SCHOOL DISTRICT, SETTING OF

READING OF THE TITLE INTO THE RECORD. - Cont'd

Commissioner Eastley proposed Bill No. 2005-03 and set a public hearing for 10:OO a.m. on February 15, 2005 with recommended changes; seconded by Commissioner Cox; 5 yeas. Commissioner Eastley read the title into record.

OF A SCHEDULE FOR AWARDING THE FLINT SCHOLARSHIP TO NYE

COUNTY HIGH SCHOOLS. a

Commissioner Eastley made a motion to approve the schedule as Mr. Rodewald recommended it.

Mr. Rodewald reviewed item.

Commissioner Carver seconded the motion.

Mr. Rodewald stated that the practice was that the scholarship had been rotated between the high schools. There was discussion on the matter.

Dr. Roberts stated that each school had a scholarship committee. He reviewed the matter.

Pat Foster, Nye County Treasurer, stated that the original documents on the scholarship were strid. She reviewed the matter.

Commissioner Eastley withdrew her motion. Commissioner Carver withdrew her second.

Commissioner Cox requested that Mr. Rodewald bring a copy of the document to the BOCC for review at a future meeting.

BOARD OF NYE COUN COMMtSS16NEWS W COUNTY LICENSING AND LIQUOR BOARD

NYE COUNTY LICENSING AND LIQUOR BOARD RECESSED TO THE NYE COUNTY COMMISSIONERS Page 4 0 1/I 8/05 9:3G PRESENTATIOP? OF CERTIFICATE AND!OW PLAQUES TO ONE !2) EMPLOYEE HONORED FOR THEIR YEARS OF SERVICE.

Banelle Shamrell, Human Resources, presented a 5-year Employee Service Award to Nichoie Dennis

10:OO INFORMATIONAL PRESENTATION ON THE FlRE RISKIHAZARD ASSESSMENT TO REPORT THE FINDINGS OF OUR INVESTIGATION FOR NYE COUNTY: ELWOOD MILLER, NEVADA FlRE SAFE COUNCIL: JOHN MCLAIN, RESOURCE CONCEPTS, INC.

Item was removed from the agenda.

8. COMMISSIONERSIMANAGER'S COMMENTS

Commissioner Carver thanked the deputies from the Sheriffs Department who helped to paint the inside of the new substation in Smoky Valley. She reviewed the matter.

Commissioner Cox requested an update on the status of an Information Officer.

Mr. Maher stated than they were working on an opportunity with the University of Nevada Reno on a possible intern. He reviewed the matter. He stated that he would advertise for it as a regular position.

Mr. Maher stated that it was his understanding advertising would wait until the first of the year when PETT money was available. He reviewed the matter.

Commissioner Cox requested a Strategic Plan update.

Mr. Maher stated that a date had not been set yet. He reviewed the matter,

Mr. Maher stated that Dan McArthur's audit report would be available on February 1,2005.

Mr. Rodewald stated that a wire transfer of PETT funds was usually received toward the end of January. He reviewed the matter.

Mr. RodewaCd stated that the ETT funds budget would be agendized for the next meeting.

There was discussion on taxes received in Nye County.

Mr. Kent updated the BOCC on PMC, He stated that Healthcare, Inc was committed to having PMC open February 28 or earlier. Page 5 0111 8/05 8. CBMMlSS!ONERS'!MANIAGER'S COMMENTS - Cont'd

Commissioner Eastley introduced Kurt Stangle as the new Amargosa Valley Town Advisory Board Member.

Commissioner Eastley requested than an item be placed on an upcoming agenda for a 4-wheel drive vehicle for the motor pool in Northern Nye County.

Commissioner Eastley read a few of the letters that she had received from elementary and middle school students thanking the BOCC for computers for their school.

Mr. Maher stated that there was a special teleconference scheduled for 2:00 p.m. on January 21,2005.

9. CONSENT AGENDA ITEMS

9A. DISCUSSION OF ANY ITEM FROM THE CONSENT AGENDA ITEMS THAT NEEDS REVIEW BEFORE A DECISION IS MADE.

Commissioner Trummell stated that a request had been made to pull item 9H for discussion.

Commissioner Eastley made a motion to approve Consent Agenda ltems E through G and I through K; seconded by Commissioner Cox; 5 yeas.

9B. APPROVAL OF ELECTED OFFICIAL COLLECTION REPORT

There was none.

9C. SIGNING THE APPROVED GENERAL LEDGER TRANSFERS

There were none.

9D. APPROVAL OF ASSESSOR'S OFFICE CHANGE REQUEST

There was none.

Commissioner Eastley made a motion to approve Consent Agenda ltems E through G and I through K; seconded by Commissioner Cox; 5 yeas. Page 6 0111 8105 9F. APPRQQAL TO ACCEPT THE STATE OF NEVADA OFF!CE OF T!?AFF!C SAFETY OCCUPANT PROTECTION (CHILD SAFETY SEAT) GRANT.

Commissioner Eastley made a motion to approve Consent Agenda ltems E through G and I through K; seconded by Commissioner Cox; 5 yeas.

NORTHERN NYE COUNTY COMMUNITIES. GRANT REQUESTS WOULD BE IN THE AMOUNTS OF $10.000 AND $28,000,zRESPECTIVELY. MATCHING FUNDS ARE NOT REQUIRED.

Commissioner Eastley made a motion to approve Consent Agenda [terns E through G and I through K; seconded by Commissioner Cox; 5 yeas.

91. APPROVAL OF THE RENEWAL AND POSSIBLE REVISION OF THE CONTRACT WITH RUSS REID COMPANY FOR FEDERAL REPRESENTA- TION ACTIVITIES.

Commissioner Eastley made a motion to approve Consent Agenda ltems E through G and I through K; seconded by Commissioner Cox; 5 yeas.

Mr. Petell stated that Russ Reid had not presented any ideas of what they were going to provide. He reviewed the matter.

Commissioner Eastley stated that Tonopah had received $500,000 for infrastructure improvements at the Tonopah Airport.

Commissioner Trummell stated that she had given an itemized list of everything that Nye County had received based upon Russ Reid's lobbying activities. She stated that lobbyists did not provide a list of deliverabies because it was against Federal Law. She reviewed the matter.

Commissioner Cox requested that a list of everything that had been awarded because of our lobbyists be available at the next meeting for the public.

Commissioner Eastley made a motion to approve Consent Agenda ltems E through G and I through K; seconded by Commissioner Cox; 5 yeas. Page 7 0111 8/05 9K. AP?WQYAL OF LEASE W!TH THE WORKFORCE DEVELOPMENT DEPARTMENT, A SUBDIVISION OF THE PAHRUMP VALLEY CHAMBER OF COMMERCE AND MEMORANDUM REGARDING PARAGRAPH 9 OF SAlD LEASE.

Commissioner Eastley made a motion to approve Consent Agenda Items E through G and I through K; seconded by Commissioner Cox; 5 yeas.

9H. APPROVAL OF THE 2005 CONTRACT WITH AKERMAN SENTERFIT FOR FEDERAL REPRESENTATIONAL LOBBYING ACTIVITIES RELATED TO E NUCLEAR STE REPOSITORY.

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

10. ASSESSOR

Item was removed from the agenda.

IIE. REPORT ON E.D.E.N.

Commissioner Cox stated that the E.D.E.N. Board meeting was scheduled for 4:00 p.m. on January 20, 2005 at their office.

?IF. REPORT ON NCFIAB.

Commissioner Cox stated that a meeting was scheduled for 6:30 p.m. on January 20, 2005 at the School District Office.

IIG. DISCUSSION AND POSSIBLE DECISION REGARDING APPOINTING LIAISON(S) FOR STATE LEGISLATIVE ISSUES, AND DEFINING THE SCOPE OF AUTHORITY FOR SAlD LIAISON(S). POSSIBLE AUTHORITY TO INCLUDE ANY OR ALL OF THE FOLLOWING: I)AUTHORITY TO REPRESENT THE COUNTY ON ALL LEGISLATIVE ISSUES, 2) AUTHORITY TO REPRESENT THE COUNTY ONLY WHEN THE BOCC HAS ESTABLISHED A POSITION ON THE ISSUE BY A VOTE, 3) AUTHORITY TO

PREPARE INFORMATION ONLY ON ISSUES THAT THE BOCC HAS AN ESTABLISHED POSITION, 6) AUTHORITY TO DIRECT STAFF TO PREPARE IMFORMATION ONLY REGARDING NYE COUNTY'S BDRS, AND/OR 7) ANY A~DITIONAL AU HORITY DEEMED APPROPRIATE BY THE NYE COUNTY BOARD OF COMMISSIONERS.

Commissioner Trummeil reviewed the item. Page 8 0111 8/05 ? ? G. D!SGUSS!QN AND I)OSS!BLE DEC!S!ON REGARD!NG APPOINT!NG LIAISON(S) FOR STATE LEGISLATIVE ISSUES, AND DEFINING THE SCOPE OF AUTHORITY FOR SAID LIAISON(S). .. . - Cont'd

Mr. Rodewald stated that he had been asked to provide fiscal notes to BDR's as they applied. He reviewed the matter.

Commissioner Eastley asked if there would be a problem with the open meeting law should they selection option number 1).

Ms. Devlin reviewed her confusion on the item.

Mr. Levin stated that he did not see an issue with the open meeting law. He reviewed the matter.

Commissioner Eastley made a motion to appoint the Commission Chair to represent the County on all Legislative issues and; delegate authority to approve modifications to Nye County's BDR's when needed, and delegate authority to direct staff to prepare information on any Legislative issue as it was required.

Commissioner Eastley stated that our lobbyists had specifically requested that she work with them on any of the oil field revenue issues.

The motion was seconded by Commissioner Cox.

Commissioner Eastley requested an agenda item for regular updates on the item.

The motion passed with 5 yeas.

11I. DISCUSSION. POSSIBLE DECISION AND DIRECTION TO STAFF REGARDING VARIOUS OPTIONS TO PAY OFF THE PAHRUMP HOSPITAL DISTRICT OBLIGATIONS AND DECREASE OR ELIMINATE THE ASSOCIATED TAXES.

Mr. Rodewald reviewed the item.

Mr. Rodewald stated that he was suggesting that the BOCC take action to give back in the for of a grant sufficient dollars to p y off the remaining debt service and bring the other fund balance up to zero. He reviewed the matter.

Commissioner Eastley stated that she understood that the problem was getting the building certified, and asked if this action would fulfill the obligation to qualify for Medicare and Medicaid. Page 9 0111 8/05 2 ? !. D!SCUSS!QN. PQSSdBLE DEC!S!ON AND RIRECTIQN TO STAFF REGARDING VARIOUS OPTIONS TO PAY OFF THE PAHRUMP HOSPITAL DISTRICT OBLIGATIONS AND DECREASE OR ELIMINATE THE ASSOCIATED TAXES. - Cont'd

Mr. Rodewafd stated that he did not know.

Mr. Petell commended the BOCC for placing the item on the agenda. He reviewed the matter.

Robert Smith stated that taxpayers had been paying on something that did not exist which he felt was illegal. He reviewed the matter.

Commissioner Trummell stated that the taxpayers voted on the issue to create the hospital district. She stated that the district incurred liabilities and this was the Board's opportunity to alleviate the burden. She reviewed the matter.

Commissioner Cox made a motion to give direction to staff to pay off the Pahrump Hospital District's obligations to eliminate the associated taxes, and to grant whatever balance was owed to the County, back to the County; seconded by Commissioner Carver.

Pat Foster asked if it could be done in time to affect the tax bills.

Mr. Rodewald stated that yes they would.

The motion passed with 5 yeas.

12, CLERK

12A. DISCUSSION AND POSSIBLE DECISION TO APPOINT TWO (2) MEMBERS TO THE BELMONT TOWN ADVISORY BOARD DUE TO TWO TERMS EXPIRING.

Sam Merlino, Nye County Clerk, reviewed the item.

Commissioner Eastiey made a motion to appoint Susan Terras to the Belmont Town Advisory Board; seconded by Commissioner Carver; 5 yeas.

128. DISCUSSION AND POSSIBLE DECISION TO APPOINT TWO (2) ERS TO THE EATTY LIBRARY BOARD OF TRUSTEES DUE TO TWO TERMS EXPIRING.

Commissioner Eastley made a motion to appoint Harriete Tillison and Carol Senary; seconded by Commissioner Carver; 5 yeas. Page 10 0111 8/05 126, DISCUSSION AND POSSIBLE DEC1SION TO APPOINT SEVEN !7! MEMBERS TO THE CENTRAL NEVADA MUSEUM ADVISORY BOARD DUE TO SEVEN TERMS EXPIRING.

Commissioner Eastley commented on the By-Laws that specified from which areas applicants must reside in order to be appointed to the Board. She reviewed the matter.

Commissioner Eastley made a motion to appoint four applicants who had applied, Allen Metscher, William 0.(Kris) Dern, and Phyllis Sorhouet; and Ed Johnston; seconded by Commissioner Carver; 5 yeas.

12D. DISCUSSION AND POSSIBLE DECISION TO APPOINT TWO (2) MEMBERS TO THE SMOKY VALLEY LIBRARY BOARD OF TRUSTEES DUE TO ONE RESIGNATION AND ONE VACANT SEAT. ONE SE TERM TO EXPIRE MAY 2006 AND ONE SEAT IS FOR A TERM TO EX- MAY 2008.

No action was taken.

12E. DISCUSSION AND POSSIBLE DECISION TO I)APPOINT TWO (2) MEMBERS TO THE NYE COUNTY BOARD OF EQUALIZATION FOR A TERM OF FOUR (4) YEARS AND; 2) APPOINT A CHAIRMAN OF THE BOARD= THE NYE COUNTY BOARD OF EQUALIZATION.

Commissioner Eastley made a motion to consider Michael DeLee's application that did not make it in backup but was submitted on time; seconded by Commissioner Cox; 5 yeas.

Mrs. Merlino stated that all of the current members were sent letters stating whose terms would expire. Michael DeLee stated that he did not get his letter stating that his term was expiring and therefore did not think that he had to submit a letter. She reviewed the matter.

Commissioner Cox made a motion to appoint Mr. John Walker and Michael DeLee; seconded by Commissioner Eastley.

Commissioner Cox amended her motion to include appointing Mr. DeLee as ended her second; 5 yeas

REPRESENTATIVE TO THE DEBT MANAGEMENT COMMISSION FOR A TWO-YEAR PERIOD DUE TO ONE TERM EXPIRING IN JANUARY 2005.

Item was removed from the agenda. Page 11 0 111 8105 ?2G. DISCUSSION AND POSSIBLE DECCSIObL TO APPOINT ONE !?I MEMBER TO THE MANHATTAN TOWN ADVISORY BOARD DUE TO ONE MEMBER RESIGNING.

Commissioner Carver made a motion to appoint Dennis Floto to Manhattan Town Advisory Board; seconded by Commissioner Eastley; 5 yeas.

13. DISTRICT ATTORNEY

ltem was removed from the agenda.

14. RECORDER

ltem was removed from the agenda.

27. HIR AND RISK MANAGEMENT

270. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF TO APPROVE RESOLUTION NO. 2005-01, A RESOLUTION AMENDING THE PERSONNEL POLICY MANUAL ALLOWING A FULLTIME REGULAR EMPLOYEE THE OPPORTUNITY TO FLEX THEIR WORK SCHEDULE TO ACCOMMODATE ATTENDANCE OF COLLEGE CLASSES DURING THE NORMAL WORKDAY.

Commissioner Eastley stated that it seemed to her that the policy that was in place could have worked. She reviewed the matter.

Commissioner Eastley reviewed her support of department managers making decisions.

Commissioner Cox reviewed her reasons for placing the item on the agenda.

Mrs. Shamrell stated that the NCEA contract was a matter of interpretation. She reviewed the matter.

Commissioner Eastley stated that her personal preference was to define the Board's position on the item and take no formal action to approve a new policy. She reviewed the matter.

Mr. Maher reviewed his concern with the item.

There was general discussion on the item.

Ms. Devlin reviewed cleping courses at the University. Page 12 0 111 8/05 270. D!SCUSS!ON, POSS!BLE DEC!S!ON AND DIRECTCON TO STAFF TO APPROVE RESOLUTION NO. 2005-01, A RESOLUTION AMENDING THE PERSONNEL POLICY MANUAL ALLOWING A FULLTIME REGULAR EMPLOYEE THE OPPORTUNITY TO FLEX THEIR WORK SCHEDULE TO ACCOMMODATE ATTENDANCE OF COLLEGE CLASSES DURING THE NORMAL WORKDAY. - Cont'd

Cheryl Beeman stated that she thought the policy, as written, was dysfunctional. She reviewed the matter.

Commissioner Carver commented on continuing education.

No action was taken on the item.

21D. DISCUSSION AND POSSIBLE DECISION FOR WALT KUVER TO ATTEND THE NEVADA WATER RESOURCES ASSOCIATION CONFERENCE IN RENO, NEVADA, FEBRUARY I- 3,2005. COST OF THE CONFERENCE AND EXPENSES WOULD BE $582.00.

Commissioner Eastley made a motion to approve out of the Commissioners' travel budget; seconded by Commissioner Carver.

21D. DISCUSSION AND POSSIBLE DECISION FOR WALT KUVER TO ATTENDTHENEVADAWATERRESOURCESASSOCIATIONCONFERENCE IN RENO, NEVADA, FEBRUARY 1 - 3,2005, COST OF THE CONFERENCE AND EXPENSES WOULD BE $582.00. - Cont'd

etell, Vice President of the Nye County Well Owners Association, requested any information on meetings that Mr. Kuver attended so that he could share with his Association.

Mr. Kuver stated that this amount would be travel expenses only.

The motion passed with 5 yeas.

27C. DlSCUSSlON AND POSSIBLE DECISION TO RATIFY COUNTY MANAGER'S SELECTION OF EMS DIRECTOR.

Cclrnmissisner astley made a motion to approve; seconded by Commissisner Hollis.

Brent Jones, perspective EMS Director, reviewed his enthusiasm for serving as EMS Director in Nye County.

Mr. Maher stated that Mr. Jones came well qualified for the position. He reviewed the matter. Page 13 0111 8105 27C. DISCUSSION AND POSS!EILE DECE!ON TO RATIFY COUNTY MANAGER'S SELECTION OF EMS DIRECTOR. - Cont'd

Mr. Maher stated that there were 19 applicants. He reviewed the interview process requirements.

The motion passed with 5 yeas.

27B. DISCUSSION AND POSSIBLE DECISION TO APPROVE THE JOB DESCRIPTION FOR THE COMPTROLLER AND TO ATTACH A PAY GRADE OF GRADE 22 ON THE MA AGEMENT PAY SCAL

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

Commissioner Cox commented on the $20,000 difference.

The motion passed with 5 yeas.

27A. HUMAN RESOURCES UPDATE

Mrs. Shamrell reviewed the Mercer Group processes that were continuing to move forward.

Mrs. Shamrell stated that they were currently advertising for an HR Director, Comptroller and Senior Engineer. She reviewed the matter.

Ms. Devlin commented on the item. She asked if these employees had to five in Tonopah or Pahrump.

Mrs. Shamrell reviewed the offer letters that were sent to potential candidates for employment. She stated that not all information was for public record. She reviewed the matter.

Mrs. Shamrell stated that they could not require that an employee live in a specific place.

15. SHERIFF

15A. DISCUSSIOM AND POSSIBLE DECISION TO RENEW THE SOFTWARE MAINTENANCE AGREEMENT WITH ORTIVUS NORTH AMERICA lFORMERLY AVEL-TECH) FOR MAINTENANCE OF THE SOFTWARE REQUIRED FOR THE FUNCTIONING OF THE MOBILE DATA SYSTEM.

Commissioner Eastley made a motion to approve; seconded by Commissioner Hollis; 5 yeas. Page 14 01/18f05 ?E. TREASURER

A. TREASURER'S REPORT

Report was available on the back table at the meeting

17. JUSTICE(S) OF THE PEACE

ltem was removed from the agenda.

19. JUVENILE PROBATION

ltem was removed from the agenda.

21C. DISCUSSION AND POSSIBLE DECISION TO ACCEPT PROPOSAL FROM TISCHLER & ASSOCIATES. INC. TO CONDUCT AN "ASSESSMENT OF INFORMATION NEEDS FOR PREPARATION AND IMPLEMENTATION OF A STRATEGIC PLAN FOR GROWTH IN PAHRUMP VALLEY". COST NOT TO EXCEED $10.000.00.

Commissioner Trummell reviewed the item. She reviewed the need for an assessment to determine how much growth was gong to cost and Tischler would provide unbiased data on which to base decisions.

Commissioner Cox stated that she assumed that this could be part of Trl-Core's contract. She reviewed the matter.

Commissioner Trummell stated that they needed to the study to find out whether or not Nye County would be able to sustain development if it were to happen haphazardly without a plan. She reviewed the matter.

Commissioner Cox stated that she supported the idea but could not support an unbudgeted item.

Mr. Maher stated funding vauled come from Fund 2

Mr. Rodewald stated that Fund 245 was good. He reviewed the matter.

Ms. Devlin stated that there was no backup on the item. She reviewed the matter. Page 15 0111 8/05 2?C. DISCLISSIQ?! AND PQSS!BLE DLEC!S!ON TO ACCEPT PROPOSAL FROM TISCHLER & ASSOCIATES, INC. TO CONDUCT AN "ASSESSMENT OF INFORMATION NEEDS FOR PREPARATION AND IMPLEMENTATION OF -AN FOR GROWTH IN PAHRUMP VALLEY". COST NOT TO EXCEED $1 0,000.00. - Cont'd

Commissioner Eastley made a motion to approve out of Fund 245; seconded by Commissioner Cox.

Larry Baker asked if written reports would be available to the public. He reviewed the matter.

Mr. Maher stated that there were problems with the teleconference connection. He stated that Mr. Tischier had requested a workshop at 8:30 a.m. on February 16, 2005 should the item be approved.

Commissioner Eastley reviewed her support of Tischler & Associates.

Commissioner Cox stated that they were known as one of the top firms regarding these types of studies.

The motion passed with 5 yeas.

20. BUDGET

20A. BUDGET UPDATE

Mr. Rodewald reviewed the status of the special revenue funds, overtime report, etc.

There was discussion on the purpose of the monthly budget meetings.

Patricia Foster reviewed her support of another person on staff in the Treasurer's office.

Mr. Maher stated that they were continually working on "space" matters

Mr. Rodewald stated that he was requesting a budget workshop for the last week workshop format. Page 16 0 111 8/05 26. NATURAL RESQURCES AND FEDERAL FACILITIES

26A. DISCUSSION AND POSSIBLE DECISION ON APPROVAL AND EXECUTION OF A JOINT FUNDING AGREEMENT WITH THE U. S. GEOLOGICAL SURVEY IN THE AMOUNT OF $10,000 FOR FY'05 AND $10.000 FOR FY'06 TO CONDUCT A GROUND-WATER SURVEY OF MONITOR VALLEY AND THE DOWNSTREAM VALLEYS.

Commissioner Eastley made a motion to approve out of Fund 492; seconded by Commissioner Carver; 5 yeas.

21A. PROPOSAL OF BILL NO. 2005-01 AMENDING NYE COUNTY MOTOR VEHICLE FUEL TAX ORDINANCE. 3.04.010. SETTING DATE. TIME. AND PLACE FOR PUBLIC HEARING ON THE BILL. AND READING OF THE TITLE INTO THE RECORD.

Mr. Petell commented on the item.

Larry Baker stated that he would like to see a breakdown for which the tax would be used.

Mr. Rodewald stated that it was used strictly for the maintenance and upkeep of roads in the county.

Commissioner Eastley reviewed her concern with using PETT funds for routine maintenance of county roads.

Commissioner Eastley reviewed her concern with tax increases that were not voted on by the people.

Mr. Rodewald reviewed the uses for the tax money.

Commissioner Trummell stated that an item should be placed on the next general election ballot. She reviewed the matter.

Commissioner Hollis stated that he could not support the item without the vote of the people. He reviewed the matter.

t the BOCG had requested that he present them with the options for revenue enhancements and this was just one of those options. He review& the matter.

Lorraine Murray stated that discussing the bill was not agendized. She reviewed the matter. Page 17 01/18/05 22.4, PROPOSAL OF BILL NO. 2005-01 AMENDING NYE COUNTY MOTOR VEHICLE FUEL TAX ORDINANCE, 3.04.010, SETTING OF DATE, TIME, AND PLACE FOR PUBLIC HEARING ON THE BILL, AND READING OF THE TITLE INTO THE RECORD. - Cont'd

Commissioner Cox stated that they were discussing whether or not to set a public hearing date.

Mr. Fox asked how much money they got from the State per gallon. He reviewed the matter.

Mr. Rodewald stated that Nye County received four cents.

Mr. Fox stated that the County could ask for nine cents. He reviewed the matter.

No action was taken on the item.

22. EMERGENCY SERVICES

ltem was removed from the agenda.

23. GENERAL SERVICES

ltem was removed from the agenda.

24. HEALTH & HUMAN SERVICES item was removed from the agenda.

25. MANAGEMENT INFORMATION SYSTEMS ltem was removed from the agenda.

1:30 DISCUSSION AND POSSIBLE DECISION TO ACCEPT, SELECT OR REJECT ANY OR ALL BIDS FOR REQUEST FOR PROPOSALS #2004-45 - ANIMAL SHELTER, CONTROL & LICENSINGIENFORCEMENT.

Commissioner Cox made a motion to consider the letter from Judy Dyer as additional backup material for eliberation; seconded by Commissioner yeas.

Deborah Pemberton, Animal Interests Management, reviewed staffing, her team's experience, public outreach, education, pursuit of grant monies, NACA trained animal control officers, and cross training of her team.

Yvonne Smith reviewed her support of Mrs. Pemberton. Page 18 0111 8105 1:38 DISCUSSION Af?D POSSIBLE DECISlON TO ACCEPT, SELECT OR REJECT ANY OR ALL BIDS FOR REQUEST FOR PROPOSALS #ZOO445 - ANIMAL SHELTER, CONTROL & LICENSINGIENFORCEMENT. - Cont'd

There was discussion on dispatching animal control calls.

Suzanne Zervantian, Veterinarian, reviewed her concern with spaying, neutering, and rabies vaccinations. She reviewed her support of Animal lnterests Management.

Sharron Mott, with Guardian Rescue in Pahrump, commented on the good service that the staff at the present facility provided.

Elsie Dougherty, West Star Ranch, reviewed her support of the present staff at the animal shelter.

Dawn Moore, Phoenix Down, Inc., reviewed the experience of her organization in animal shelter, animal handling, animal control, and law enforcement.

Ms. Devlin reviewed her support of spay and neuter clinics and of Phoenix Down, lnc.

Maureen Rose reviewed her support of Charlene Anthony.

Bill Weldon, Assistant Sheriff, on behalf of Sheriff DeMeo, reviewed his support of the present animal control. He stated that he did not know why privatization was being considered. He reviewed the matter.

Larry Baker commented on dogs running loose on Pahrump Valley Boulevard.

Jim Lusk reviewed his support of Charlene Anthony.

Mr. Petell reviewed his support of the present animal control.

Judy Dyer, Purchasing, stated that her office was in the process of doing background checks. She reviewed the matter.

Mrs. Dyer reviewed the county" costs that would be included with privatization,

There was general discussion on vehicle insurance.

Commissioner Cox made a motion to take staffs recommendation for Request for Proposals 2004-45 and award the bid to Animal lnterests Management; seconded by Commissioner Carver. Page 19 0 1118/05 1:30 DlSCUSSlOM A!+?[? PdSSlBLE DEflSlON TO ACCEPT, SELECT OR REJECT ANY OR ALL BIDS FOR REQUEST FOR PROPOSALS #2004-45 - ANIMAL SHELTER, CONTROL & LICENSINGIENFORCEMENT. - Cont'd

Commissioner Eastley stated that what the Board needed to consider was that they were not only making a decision to award a bid, but were also making a decision to fire employees or lay off employees. She reviewed the matter.

Commissioner Trummell reviewed her opinion of the reasons for privatization.

The motion failed with 1 yea. Commissioners Trummell, Eastley, Carver and Hollis voted no.

Commissioner Eastley stated that based on the information she has seen, the cost savings were not significant enough to warrant laying off employees. She reviewed the matter.

Commissioner Trummell congratulated management on their efficiency in this department. She reviewed the matter.

There was no action taken on the item.

2:00 PUBLIC HEARING ON NYE COUNTY BILL NO. 200423: A BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT AGREEMENT FOR THE MOUNTAIN FALLS SOUTH MASTER PLANNED COMMUNITY; AND OTHER MATTERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME.

Vicki Hafen Scott stated that they were requesting that a piece of commercial ground on Highway 160 and Manse that they would like to have added under the Mountain Falls South Development Agreement for commercial use only. She stated that she had used the addendum format that would allow it to be added in. She reviewed the matter.

Commissioner Eastley made a motion to consider the information as part of deliberation; seconded by Commissioner Carver; 5 yeas.

Mr. Williams reviewed his support of the addition of 40 acres as a third addendum to t e Development Agreement.

Mr. Kent stated that it did not constitute a change and therefore he had no problem with the revision.

Mr. Williams stated that if the item was approved that it be conditional upon Nye County being satisfied that they had correct dedication. He reviewed the matter. Page 20 0111 8105 2:CC PUBLIC HEARlNG ON NYE COUNTY 5lLh NO. 2004-23: 4 BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT

Commissioner Trummell opened the public hearing.

Sheldon Bass stated that the applicant had a valid development agreement. He reviewed his opposition to the item.

Mr. Petell stated that there was nothing regarding fire department, schools, etc. in the agreement. Me recommended denial of the item and making a new development agreement.

Walt Kuver reviewed details within the agreement that pertained to water for the BOCC to consider.

Larry Baker stated that he agreed with Mr. Kuver and Mr. Bass. He reviewed his opposition to the item.

Commissioner Cox made a motion to consider the information handed out by Dr. Roberts; seconded by Commissioner Eastley; 5 yeas.

Dr. Roberts, Nye County Superintendent of Schools, stated that NCSD was not included in the planning process. He reviewed the matter.

Dr. Roberts stated that the number of homes within the development would have a significant impact on the school district. He reviewed the matter.

Commissioner Cox stated that there was discussion at an RPC meeting regarding the owner's setting aside 12 acres for schools. She reviewed the matter.

Commissioner Trummell closed the public hearing.

Erik Levin, Deputy District Attorney, stated that the original development agreement was available on the Nye County Website, in the Planning office, and e Clerk's office.

erry Connelly, William Lyons Homes, reviewed the revised Exhibit A document. He stated that they were contracted with Utilities, Inc. He reviewed the matter.

Mr. Connelly reviewed the C.A.A.S. Street dedication situation and presented a document for consideration. Page 21 0111 8105 200 PUBLIC HEAR!NG ON NYE COUNTY B!LL NQ. 2004-23: A BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT AGREEMENT FOR THE MOUNTAIN FALLS SOUTH MASTER PLANNED COMMUWTY;AND OTHER MATTERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME. - Cont'd

Commissioner Eastley made a motion to accept Mr. Connelly's information for deliberation; seconded by Commissioner Carver; 5 yeas.

Mr. Connelly stated that the write up in the minutes of December 15 spoke of a wastewater treatment facility in the northwest end of the property. He requested clarification from Mountain Falls South from an engineering standpoint.

Mr. Connelly stated that they had trade marked the name Mountain Falls. He reviewed the matter.

Commissioner Eastley stated that in the agreement it stated that they would not market it under that name. She reviewed the matter.

Kathy Smith, Viewpoint Engineering, stated that this particular development would be joining forces with Mr. Hafen's Pahrump Utility Company with the water and sewer district. She reviewed the matter.

Ms. Smith stated that the name Mountain Falls South was to get through the development agreement process. She stated that they intended to change the name.

Ms. Smith stated that the plans were submitted to the school district. She reviewed the matter.

Tim Hafen suggested that the developers get together with the school district and select a 20 to 25-acre site and then write an agreement among themselves. He reviewed the matter.

Mr. Hafen reviewed the availability of water, and effluent water in the area.

Commissioner Trummell reviewed the changes item by item in the revised and restated development agreement.

Ms. Smith stated that there were drainage, land use, water and sewer, and transportation studies updated and submitted in October.

Ms. Smith stated that the traffic study was conceptual only and each subdivision design would require a technical traffic study. Page 22 0111 8/05 2:00 PUBLIC HEARING OM MYE COUNTY BILL NO= 2064-23: A BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT AGREEMENT FOR THE MOUNTAIN FALLS SOUTH MASTER PLANNED COMMUNITY; AND OTHER MATTERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME. - Cont'd

Commissioner Cox stated that the County's consultants were still reviewing the transportation plan. She reviewed the matter.

Mr. Williams stated that the intent of the development agreement was to allow the developer to go beyond with regards to zoning and setbacks. He reviewed the matter.

Commissioner Trummell continued her page-by-page review of the changes to the revised development agreement.

Ms. Smith stated that they were going to use re-use water in any of the ponds or lakes, and for any open space. She reviewed the matter.

Mark Dunford stated that there might be instances in the development process where it was necessary to use portable water to landscape until lines were developed to the areas.

Mr. Hafen reviewed rapid infiltration basins.

Commissioner Cox reviewed her concerns with not being allowed to change or amend the ordinance as it pertained to business that required a privilege license.

Commissioner Eastky stated that she interpreted it that they were net saying that the ordinance could not be amended, but that the county was agreeing not to change the ordinance relative to location. She reviewed the matter.

Commissioner Cox reviewed the S.O.B. ordinance.

Mr. Dunford stated that development agreements were set forth so that the developer and the county new exactly what the rules were. He stated that they were not a commercial developer although there was commerciai property. He reviewed the matter.

Mr. Hafen reiterated that they were going to use effluent water wherever it could be done beneficially before they used the rapid infiltration basins. He reviewed the matter.

There was discussion on open space and water conservation.

There was discussion on lot density, Page 23 01/18105

2:00 PUBLIC HEAR!NG QN !YE COUNTY BILL NQ. 2004-23: ,4 BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT AGREEMENT FOR THE MOUNTAIN FALLS SOUTH MASTER PLANNED

AND POSSIBLE ADOPTION OF SAME. - Cont'd

There was discussion on the 15-acre school site, 5-acre public facilities' site, and 5-acre treatment plant site.

There was general discussion on building a fire station, and impact fees.

Dr. Roberts reviewed the present growth in the school district. He stated that he was going to need six 12-acre spots. He reviewed the space required for building schools.

There was discussion on language within the document that pertained to school sites.

Mr. Hafen stated that he would feel more comfortable sitting down with the NCSD and the other two developers and working out a plan. He reviewed the matter.

Mike Sullivan, Town of Pahrump, stated that he would like to see the same courtesy extended to the Town as was extended to the school district. He reviewed the matter.

Mr. Hafen requested that they come back to the BOCC following a meeting with NCSD and the Town of Pahrump, and when they knew what the impact fees would be.

There was discussion on possible language within the agreement to cover the postponement of completion of pending conclusion of school and impact fees.

Ms. Hafen Scott suggested approving the Development Agreement with the exception of items 5.2 and 5.3. She reviewed the matter. She suggested taking out 5.2 and 5.3 and substituting a requirement for them to come back with a mutual agreement with the school district and the Town and the inclusion of impact fees that would be subject to the property into the development agreement.

Mr. Williams stated that he believed that impact fees were supposed to be proposed and possibly ready for adoption in Aprii. He suggested that possibiy they could come back during June with the negotiation for the fire and school.

Commissioner Trummell stated that the school impact fees were set by ordinance at $1,600. He reviewed the matter. Page 24 0111 8/05 2:00 PUBLIC HEARING ON NYE COUNTY BILL NO. 2004-23: A BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT AGREEMENT FOR THE MOUNTAIN FALLS SOUTH MASTER PLANNED COMMUNITY; AND QTHER MATTERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME. - Cont'd

Mr. Williams suggested including that no tentative map shall be approved by the Planning Commissioner until such time as the fire and school concerns had been addressed.

Commissioner Trummeii continued her page-by-page reviewed the agreement.

Mr. Williams stated that the access road definition applied specifically to Manse Road. He reviewed the matter.

Mr. Williams stated that the Capital Improvements Plan currently being prepared was leaning toward the designation of a 30 or 40-foot wide drainage channel running down Manse Road. He reviewed the matter.

Ms. Smith stated that she would like an opportunity to review the CIP data to quantify the requirement for that type of drainage. She reviewed the matter.

Mr. Hafen stated that there were about five drainages through that area. He reviewed the matter.

Mr. Yao reviewed his concerns with drainage on Manse Road. He reviewed the alternative for drainage to control flooding across Highway 160.

There was general discussion on water flow.

Mrs. Scott Hafen suggested that a minor change be made to Section 6 in regard to Manse Road and that the obligations coincide with the Transportation Plan.

Commissioner Trummell continued her page-by-page review of the document.

There was discussion on the developers' liability insurance limit requirement.

Ms. Kent reviewed the insurance matter,

Commissioner Cox reviewed her concerns with the item.

Commissioner Trummell reviewed her concern with the same number of units on 18 to 20% less land and the significant decrease in open space. Page 25 0111 8/05 200 PUBLIC HEARING ON NYE COUNTY BILL NO. 2003-23: A BILL PROPOSING TO ADOPT THE REVISED AND RESTATED DEVELOPMENT AGREEMENT FOR THE MOUNTAIN FALLS SOUTH MASTER PLANNED COMMUNIPY; AND OTHER MATTERS PRQPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME. - Cont'd

Commissioner Eastley made a motion to adopt the revised and restated agreement, Bill 2004-23, conditional upon the completion of the dedication of the C.A.A.S. Road curve, and additionally (Commissioner Trummell stated changes item by item for the motion) changing the language on page 8 regarding the lakes to rapid infiltration basins and removing the specific plan reference; adding language under Section C on that same page of compliance with the S.O.B. ordinance; on page 9, Section 3.4, removing the last sentence; on page 9, Section 3.5, staff had proposed specific staff language on that section; pages 9 through 10, Section 4.2, add language regarding building a water smart community or conservation language and changing the current language to reflect that they are in compliance with all current requirements; on page 10 with Sections 5.2 and 5.3, adding language that will require a negotiated agreement to come back before the Board for approval regarding the school site, fire site, and County impact fees (and no tentative maps would be approved until the negotiation was brought back on or before the second meeting in June); on page 11, Section 6.5, change the language to say that that requirement was satisfied by Manse Road improvements as outlined in the transportation plan, with the understanding that each owner as they develop their property will pay for their part of the development of the road and improvement of Manse Road; page 11, Section 6.8, changing the language regarding the effluent on the streetscapes to be as much as practicable; throughout the agreement, where it mentions county cooperating on BLM permits, adding language that reflects that the owner will bear ail of the costs of getting the preparatorj work wmpfeted; page 11, Section 6.9 regarding the Manse Road was removed completely; page 16, adding a new Section 11.4 which is the language regarding the insurance that was in the original agreement with the exception that the limit be moved down from $5,000,000.00 to $2,000,000.00; and also that we include Addendum 3 that was submitted to us today; seconded by Commissioner Hollis.

Commissioner Eastley amended her motion to include, on page 4, to change the definition of the specific plan, second sentence, to say, "Owner will not market the master plan as Mountain Falls South;" Commissioner Hollis amended his second. Bill No 2084-23 was adopted with an e etive date sf February 7, 2005.

The motion passed with 4 yeas. Commissioner Trummell voted no. Page 26 0111 8/05 28. PLANNING

28A. DISCUSSION AND POSSIBLE DECISION CONCERNING THE REVISED MASTER PLAN FOR MOUNTAIN FALLS SOUTH; THAT PORTION OF THE ORIGINAL MOUNTAIN FALLS DEVELOPMENT GENERALLY LYING SOUTH OF MANSE ROAD.

Mr. Williams reviewed the item.

Commissioner Eastley made a motion to approved the revised Master Plan for Mountain Falls South contingent upon adding the property that was brought in with the development agreement; seconded by Commissioner Carver; 4 yeas. Commissioner Trummell voted no.

28B. DISCUSSION AND POSSIBLE DECISION ON A REQUEST THAT NYE COUNTY GRANT A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITY PURPOSES WITHIN MANSE ROAD BETWEEN HAFEN RANCH ROAD AND NEVADA STATE ROUTE 160 IN PAHRUMP; TIM HAFEN.

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

28C. DISCUSSION AND POSSIBLE DECISION CONCERNING SETTING A DATE, TIME AND LOCATION FOR A PUBLIC HEARING TO CONSIDER THE LAND USE ASSUMPTIONS, WHICH WILL BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN (CIP) FOR WHICH IMPACT FEES MAY BE IMPOSED WITHIN THE PAHRUMP REGIONAL PLANNING DISTRICT.

Commissioner Cox made a motion to set a public hearing for 200 p.m. on February 15, 2005 at the Bob Ruud Community Center; seconded by Commissioner Eastley; 5 yeas.

29. PUBLIC WORKS

Item was removed from the agenda.

30. SENIOR SERVICES

ORY BOARDS

Itern was removed from the agenda. Page 27 0111 8/05

Item was removed from the agenda.

9D. APPROVAL OF ASSESSOR'S OFFICE CHANGE REQUEST - Cont'd

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

IIH. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF ON HUMAN RESOURCES SERVICES: I)RECRUIT AND HIRE HUMAN RESOURCE DIRECTOR AS FULL-TIME POSITION; 2) DIRECT STAFF TO BEGIN aDISCUSSIONSWITH THE NATIONAL HR ALLIANCE PROGRAM TO

CONTRACT FOR HUMAN RESOURCE INTERIM SERVICES FOR A PERIOD TO BE DETERMINED; 4) UTILIZE EXISTING CHRM CONTRACT FOR HR CONSULTING SERVICES, AND/OR 5) UTILIZE LARRY BELLER AND ASSOCIATES FOR THE HR DIRECTOR RECRUITMENT EFFORT.

Commissioner Trumrnell requested that the item be pulled from the agenda.

IIJ. POSSIBLE CLOSURE OF MEETING PURSUANT TO NEVADA REVISED STATUTES, SECTIONS 241.030(1) AND 241.033 (I), TO DISCUSS THE MICHAEL MAHER'S PROFESSIONAL COMPETENCE, PERFORMANCE REVIEW AND GOAL-SETTING.

Commissioner Trummefl requested that the item be pulled from the agenda.

IIK. CLOSED MEETING PURSUANT 7-0 NEVADA REVISED STATUTES, SECTIONS 241.030 (I) AND 241.033 (1) TO DISCUSS MICHAEL MAHER'S PROFESSIONAL COMPETENCE, PERFORMANCE REVIEW AND GOAL- SETTING.

Commissioner Trummell requested that the item be pulled from the agenda.

11 L. DISCUSSION, ACTION AND POSSIBLE DECISION REGARDING MICHAEL MAHER'S PROFESSIONAL COMPETENCE, PERFORMANCE REVIEW AND GOAL-SETTING. ACTION MAY INCLUDE, BUT IS NOT LIMITED TO RE ENDORSEMENT OF PAST PERFO AND/OR ESTABLISHING FUTURE GOALS AND PERFORMANCE MEASURES.

Commissioner Trummell requested that the item be pulled from the agenda. Page 28 01/18/05 202. DISCUSSiON AND POSSIBLE DECISION ON APPROVAL OF AN ENGAGEMENT LETTER FOR A BOND COUNSEL TO ASSIST COUNTY ADMINISTRATION WITH PLANNING AND PREPARING FOR THE ISSUANCE OF APPROXIMATELY $6,000.000.00 IN MEDIUM-TERM FINANCING. THE COST OF THE AGREEMENT WILL BE PAID FROM THE PROCEEDS OF THE FINANCING PROJECTS.

Mr. Rodewald reviewed the item.

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

Commissioner Cox reviewed her concern with going out for bonding without having a strategic plan.

Mr. Rodewald stated the County paid $3.2 million for the land and at the time of purchase, it was suggested to obtain $5 million in financing. The $3.2 was to repay PETT and the additional $1.8 million was to be used for the development of the site. He reviewed the matter.

Commissioner Eastley stated that the agenda item was worded to approve an engagement letter to assist with planning and preparing.

Mr. Rodewald reviewed potential uses for the money. He stated that once it was determined what the money was going to be used for, then the money needed to be available. He reviewed the matter.

The motion passed with 5 yeas.

8. COMMISSIONERS'IMANAGER'S COMMENTS - Cont'd

Commissioner Eastley requested that Don Bolden from the Sheriff's Office be placed on the agenda for the next meeting in Pahrump to do a presentation on the Cops in School Program. She reviewed the matter.

IIA. CLOSURE OF MEETING, PURSUANT TO NRS 241.030(2) AND 288.220(1-4) FOR PURPOSES OF CONFERRING WITH THE COUNTY'S

Item was removed from the agenda. Page 29 01/18/05 iiB, CiOSED MEEiiNG, PURSUANT TO NRS 288.228j4j FOR PiiRPOSES OF CONFERRING WlTH THE COUNTY'S MANAGEMENT REPRESENT- ATIVES REGARDING LABOR NEGOTIATIONS, ISSUES AND OTHER PERSONNEL MATTERS.

Item was removed from the agenda.

11C. CLOSURE OF MEETING, PURSUANT TO NRS 241.015 2 (BM2) FOR PURPOSES OF CONFERRING WlTH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

Commissioner Carver made a motion to close; seconded by Commissioner Eastley; 5 yeas.

1 CLOSED MEETING, PURSUANT TO NRS 241.015 (B)(2) FOR PURPOSES OF CONFERRING WlTH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

No action was taken.

9B. APPROVAL OF ELECTED OFFICIAL COLLECTION REPORT - Cont'd

Commissioner Cox made a motion to approve; seconded by Commissioner Carver; 5 yeas.

33. GENERAL PUBLIC COMMENT (SECOND)

There was none.

34. ANNOUNCEMENTS (SECOND)

There were none.

35. ADJOURNMENT

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Cox; 5 yeas.

APPROVED this day of ATTEST:

Chairman Nye County Clerk Page 1 02/15/05 Ptirsiant to NWS, the Nye Coiinty Bsard sf Csmmissioners met in regular session at 8:30 a.m. at the Bob Ruud Community Center, Pahrump, Nevada 89048

Candice Trummell, Chairman Joni Eastley, Vice-chairman Patricia Cox, Commissioner Midge Carver, Commissioner Gary Hollis, Commissioner ~rik~evin,Deputy District Attorney Sandra "Sam" Merlino, Ex-Officio Clerk of the Board Michael Maher, County Manager

Also present: Linda Uhl, Deputy Clerk; DanRa Boscovich, Certified Court Reporter, Ron Kent, Deputy District Attorney

1. PLEDGE OF ALLEGIANCE

Pledge was recited.

2. APPROVAL OF THE AGENDA FOR THE BOARD OF COUNTY COMMISSIONERS' MEETING OF FEBRUARY 15.2005

Mr. Maher requested that items 3, 7, 10, 11F, 11G, 14, 16 (Report Only), 17, 18, 19.23,24,25,30, and 32B be removed from the agenda.

3. APPROVAL OF MINUTES OF THE BOARD OF COUNTY COMMISSION- ERS' MEETIIUG(S1 FOR N/A

There were none.

4. AWARDS AND PRESENTATIONS

There were none.

5. ANNOUNCEMENTS (FIRST)

Commissioner Trummell stated that there were no zone change items bein . She revievued the

Commissioner Cox announced that there was a NCFIAB meeting scheduled for 6:30 p.m. on February 24, 2005 at the NCSD office, a BOCC meeting at 8:00 a.m. on February 16 followed by a Workshop with Tischler and Associates, lnc. and a Budget Review Workshop at 1:30 p.m., the 5* Annual Pahrump Town Clean up was May 7, Business Expo on April 15, 16, and 17 at Saddle West, and the Rotary Blood Drive on April 9, 2005 at the Community Center. Page 2 02/15/05 6. GENERAL PUBLIC COMMENT

Ed Fox reviewed NRS 241-020 regarding public comment. He requested that the Board respond to his public comments. He asked what percent of the general fund was fixed for public safety, clerks, and assessors compared to other counties within the state. He reviewed the matter. He commented on Basic City County Relief Tax and Supplementary City County Relief Fund that went into the CTX. He reviewed the matter.

Harley Kulkin commented on having to fill out a request form in order to speak at Public Comment.

7. EMERGENCY ITEMS

Item was removed from the agenda.

8. COMMISSIONERS'IMANAGER'S COMMENTS

Commissioner Cox stated that she and Commissioner Hollis had met with residents of Pahrump Valley Estates regarding their road situation. She stated that they would bring information back to the Board.

Commissioner Eastley commented on a certificate of insurance being required for a meeting of the Humboldt River Basin Water Authority meeting at the library. She reviewed the matter.

Commissioner Trummell stated that Nye County's Veteran's Bill had become Senate Bill No. 50.

Commissioner Trummell stated that she and Commissioner Hollis had been in a meeting where the allocation of current fiscal year oversight money where the consensus was to give Nye County $3.2 million. She reviewed the matter.

Commissioner Eastley stated that a finance committee was meeting on a hearing on the Veteran's Bill. She reviewed the matter.

Mr. Maher read a letter of appreciation from Susan Rigby, Archeologist for the BLM Field Station in Tonopah, regarding the hard work that the Nye County Department had done i

BOARD OF NYE COUN Y COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS

NYE COUNTY BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS Page 3 0211 5/05 BOARD OF NYE COUNTY COMMISSIONERS RESOLVED TO THE NYE COUNTY LICENSING AND LIQUOR BOARD

NYE COUNTY LICENSING AND LIQUOR BOARD RECESSED TO THE NYE COUNTY COMMISSIONERS

9. CONSENT AGENDA ITEMS

9A. DISCUSSION OF ANY ITEM FROM THE CONSENT AGENDA ITEMS THAT NEEDS REVIEW BEFORE A DECISION IS MADE.

Commissioner Cox requested pulling item 9L for discussion.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9B. APPROVAL OF ELECTED OFFICIAL COLLECTION REPORT

Commissioner Carver made a motion to approve Consent Agenda Items with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9C. SIGNING THE APPROVED GENERAL LEDGER TRANSFERS

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9D. APPROVAL OF ASSESSOR'S OFFICE CHANGE REQUEST

Commissianer Carver made a motion to approve Consent Agenda !terns with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9E. APPROVAL OF PERSONNEL ACTIONS

Commissioner Carver made a motion to approve Consent Agenda items with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastiey; 5 yeas. Page 4 0211 5/05 9G. APPROVAL FOR OUT OF STATE TRAVEL FOR 4 EMPLOYEES CERTIFIED IN THE COMPUTER VOICE STRESS ANALYZERS TO ATTEND A MANDATORY RE-CERTIFICATION IN SAN FRANCISCO, CA, MARCH 6 - 12, 2005. ESTIMATED COST IS $6,500.00 AND IS BUDGETED.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9H. APPROVAL TO APPLY FOR OFFICE OF JUSTICE PROGRAMS UNITED STATES DEPARTMENT OF JUSTICE (USDOJ) GANG RESISTANCE EDUCATION & TRAINtNG GRANT (GREAT) 2005. $20.000.00 IS BUDGETED IN THE GENERAL FUND PETT GRANT MATCH FUND.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

91. APPROVAL TO APPLY FOR NEVADA DIVISION FOR AGING SERVICES TITLE III B GRANT TO PROVIDE TRANSPORTATION TO THE CLIENTS OF ESMERALDA COUNTY. MATCHING FUNDS ARE NOT REQUIRED BY NYE COUNTY,

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9J. APPROVAL OF NEVADA DIVISION FOR AGING SERVICES TITLE Ill B GRANT TO PROVIDE TRANSPORTATION SERVICES TO THE SENIOR CLIENTS OF AMARGOSA, BEATTY, TONOPAH, GABBS AND SMOKY VALLEY.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9K. APPROVAL FOR THE TOWN OF PAHRUMP TO APPOINT FOUR NYE COUNTYEMPLOYEESASREPRESENTATIVESTOTHEPAHRUMPVALLEY AIRPORT MASTER PLAN AND ENVIRONMENTAL BASE LINE STUDY TECHNICAL ADVISORY COMMITTEE.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastky; 5 yeas.

9M. APPROVAL FOR NYE COUNTY BOARD OF COMMISSIONERS THE NATIONAL STAKEHOLDER FORUM ON WASTE DISPOSITION.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception sf 9L;seconded by Commissioner Eastley; 5 yeas. Page 5 0211 5/05 9N. APPROVAL FOR THE DIRECTOR OF PUBLIC WORKS TO TRAVEL TO ARMY CORPS OF ENGINEERS OFFICE IN LOS ANGELES FOR EXECUTIVE COMMITTEE AND STUDY MANAGEMENT TEAM MEETINGS AS OFTEN AS NECESSARY UNTIL THE END OF THE STUDY PERIOD OF THE PAHRUMP WHEELER WASH FEASIBILITY PROJECT. COST TO BE PAID BY ARMY CORPS OF ENGINEERS.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

90. APPROVAL FOR THE BOARD OF COMMISSIONERS TO SEND A LETTER OF SUPPORT FOR THE ESTABLISHMENT OF A NEVADA STATE PARK AT MONTE CRISTO'S CASTLE.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L; seconded by Commissioner Eastley; 5 yeas.

9P. APPROVAL TO PURCHASE FROM JIM WILKEN TRUCKING 10,000 TONS OF CHIPS AT THE POLE-LINE ROAD GRAVEL PIT FOR ROAD SURFACING PROJECTS IN NORTHERN NYE COUNTY AT AN ESTIMATED TOTAL PROJECT COST OF $163,300.00 AND IS BUDGETED FOR FISCAL YEAR 2004105.

Commissioner Carver made a motion to approve Consent Agenda ltems with the exception of 9L;seconded by Commissioner Eastley; 5 yeas.

9L. APPROVE (1) GRANT REQUEST TO THE STATE OF NEVADA WHICH IS AWARDED TO NYE COUNTY IN THE FORM OF AN INTRASTATE INTERLOCAL CONTRACT, BY RAT!FY!NG THE SIGNATURE OF DIRECTOR OF PUBLIC WORKS AS THE "PUBLIC AGENCY"; (2) APPROVAL TO ISSUE A "SOLE SOURCE" PURCHASE ORDER FOR $13,293.75 TO BUQO HYDROLOGICAL TO UNDERTAKE THE WELLHEAD PROTECTION PROGRAM WORK PLAN (WHPP) FOR AMARGOSA ELEMENTARY SCHOOL, SENIOR CENTER, TOWN COMPLEX AND PARK; AND (31 RECOVERING THE COST FROM THE STATE GRANT SECURED UNDER THE INTRASTATE INTERLOCAL CONTRACT.

Commissioner Cox asked about funding.

Mr. Maher stated that the grant was from the State.

Commissioner Carver made a motion to approve item 9L; seconded by Commissioner Cox; 5 yeas. Page 6 0211 5105 20. ASSESSOR

Item was removed from the agenda.

12. CLERK

12A. DISCUSSION AND POSSIBLE DECISION TO APPOINT ONE (1) MEMBER TO THE NYE COUNTY PARKS AND RECREATION COMMISSION DUE TO A RESIGNATION.

Commissioner Carver made a motion to appoint Bill King; seconded by Commissioner Eastley; 5 yeas.

12B. DISCUSSION AND POSSIBLE DECISION TO APPOINT ONE MEMBER TO THE BELMONT TOWN ADVISORY BOARD DUE TO ONE EXPIRED TERM.

Commissioner Eastley made a motion to appoint Linda Borowick; seconded by Commissioner Carver; 5 yeas.

12C. DISCUSSION AND POSSIBLE DECISION TO APPOINT TWO MEMBERS TO THE SMOKY VALLEY LIBRARY BOARD OF TRUSTEES DUE TO RESIGNATIONS.

Commissioner Carver made a motion to appoint Gwen Jones and Daphne Frentress; seconded by Commissioner Eastley; 5 yeas.

12D. DISCUSSION AND POSSIBLE DECISION TO APPOINT TWO MEMBERS TO THE FEDERAL IMPACTS ADVISORY BOARD.

Commissioner Cox made a motion to appoint Darryl Hill and Paula Elefante; seconded by Commissioner Eastley.

Commissioner Cox stated that there would be another position opening on the Federal Impacts Advisory Board soon.

Sam Merlino, Nye County Clerk, requested a copy of the resignation letter

The consensus of the OCC was ts include in the advedisernent for the opening that an application was required.

The motion passed with 5 yeas. Page 7 024 5/05 13. DISTRICT ATTORNEY

13A. DISCUSSION AND POSSIBLE DECISION ON PROPOSAL OF BILL NO.

REVENUE AND FINANCE TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF FEES AND DESIGNATION OF A FORENSIC LABORA- TORY TO CONDUCT AND OVERSEE GENETIC MARKER TESTING UPON CERTAIN CRIMINAL DEFENDANTS AS REQUIRED BY NEVADA REVISED STATUTES 176.0911-176.0917: SETTING OF DATE, TIME, AND PLACE FOR PUBLIC HEARING ON THE BILL, AND READING OF THE TITLE INTO THE RECORD.

Commissioner. Eastley stated that she would like to propose Bill No. 2005-05, setting the public hearing for 10:OO a.m. on March 15 in Amargosa Valley; seconded by Commissioner Carver; 5 yeas. Commissioner Eastfey read the tile into record.

14. RECORDER

Item was removed from the agenda.

15. SHERIFF

15A. DISCUSSION AND POSSIBLE DECISION TO ENTER INTO AN AGREEMENT WITH ACCURINT LAW ENFORCEMENT DIVISION. THE FLAT RATE LICENSING FEE FOR THIS SERVICE IS $1.800 PER YEAR AND IS A BUDGETED ITEM.

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

158. DISCUSSION AND POSSIBLE DECISION TO SIGN A FIRST AMENDMENT TO COMMUNICATIONS LICENSE AGREEMENT BETWEEN

ADD AN ADDITIONAL MICROWAVE DISH ON MT. POTOSI. THERE IS AN INCREASE OF $95.00 PER MONTH IN THE RENTAL FEES, WHICH IS BUDGETED.

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

16. TREASURER

16A. TREASURER'S REPORT

Report was found in back of room. Page 8 02/15/05 17. JtiSTIC€(S) OF THE PEACE ltem was removed from the agenda.

18. DISTRICT COURT ltem was removed from the agenda.

19. JUVENILE PROBATION ltem was removed from the agenda.

31. TOWN BOARDSITOWN ADVISORY BOARDS a

31A. DISCUSSION AND POSSIBLE DECISION ON THE ADOPTION OF PAHRUMP TOWN BOARD. RESOLUTION #2005-05, A RESOLUTION REQUESTING THE NYE COUNTY BOARD OF COMMISSIONERS REQUIRE TOWN OF PAHRUMP EDEN REPRESENTATIVES BE TOWN BOARD MEMBERS.

Ed Bishop, Town Board Member, reviewed the item.

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

29. PUBLIC WORKS

29A. DISCUSSION. POSSIBLE DECISION AND DIRECTION TO STAFF TO SECURE THE NECESSARY EASEMENTS OM BLM LANDS. TO PRQWDE A FULL, STANDARD WIDTH RIGHTS-OF-WAY ON GAMEBIRD ROAD BETWEEN WINCHESTER AND BARNEY; AND BANNAVITCH STREET BETWEEN BETTY AVENUE AND MESQUITE AVENUE.

Commissioner Cox asked if this was an "up to" amount or a total dollar amount.

Mr. Yao stated that it was an estimate. He stated that it may not cost anything. He reviewed the matter.

Commissioner Eastley prove; seconded by Commissioner Cox.

Commissioner Trummell stated that there was a motion to approve the item with the up to amount of $10,000 coming from fund 491.

The motion passed with 5 yeas. Page 9 0211 5/05 29B. DISCUSSION, POSSIBLE DECfSION AND DIRECTION TO STAFF TO SECURE APPROXIMATELY 26 ACRES OF LANDS IN THE FORM OF EASEMENTS FROM BLM FOR PURPOSES OF FLOOD CONTROL MEASURES. IDENTIFIED AS ALTERNATIVE I IN THE TRI-CORE ENGINEERING REPORT ENTITLED "WINERY ROAD STORMWATER MANAGEMENT STUDY". OPTIONS MAY INCLUDE (1) SECURE NECESSARY PERMANENT EASEMENTS FROM BLM; OR (21 SECURE NECESSARY TEMPORARY USE PERMITSIEASEMENT AS AN EMER- GENCYfrEMPORARY FLOOD CONTROL MEASURES.

Mr. Yao reviewed the item.

Mr. Yao stated that the funds were for an environmental assessment.

Commissioner Eastley asked if the additional funding collected as a result of forming the Special Improvement District could include the initial funding of $26,000 to be reimbursed to fund 491 for acquiring the easements.

Mr. Yao stated that he believed so if the Commissioners wished.

Commissioner Eastley made a motion to approve directing staff to secure approximately 26 acres of land in the form of easements; seconded by Commissioner Cox.

Commissioner Eastley amended her motion to select option (1) to secure necessary permanent easements from BLM with a "not to exceedJramount of $26,000.00 from fund 491 ; Commissioner Cox amended her second; 5 yeas.

9:30 PRESENTATION BY PAHWUMP VALLEY FIRE AND RESCUE TASK FORCE WITH DISCUSSION AND POSSIBLE DECISION TO: I)LEVY A 1.5% TAX; OR 2) APPROVE A REFERENDUM FOR A 1.5% TAX WITHIN THE TOWN OF PAHRUMP TO SUSTAIN THE OPERATIONS AND CAPITAL IMPROVEMENTS OF THE TOWN OF PAHRUMP'S PAHRUMP VALLEY FIRE AND RESCUE SERVICE.

Lorraine Murray, Pahrump Town Board member, stated that regrettably Mrs. Howard was unable to attend today to be able to present the item. She stated that the B06Cis had requested that the Town come up with a mechanism so that the Pahrump Fire and Rescue Sewice could e self sugpoein the matter.

Ms. Murray introduced John McDonald. Annette Bariow, Scott Cuishaw, Dave Richards, Town Manager, and Scott Lewis, Fire Chief who were present. Page 10 020 5/05 9:30 PRESENTATION BY PAHRUMP VALLEY F!RE AND RESCUE TASK FORCE WITH DISCUSSION AND POSSfBLE DECISION TO: I) LEVY A 1.5% TAX; OR 2) APPROVE A REFERENDUM FOR A 1.5% TAX WITHIN THE TOWN OF PAHRUMP TO SUSTAIN THE OPERATIONS AND CAPITAL IMPROVEMENTS OF THE TOWN OF PAHRUMP'S PAHRUMP VALLEY FIRE ~RESCUESERVICE. - Cont'd

Ms. Barlow reviewed the qualifications of the task force members and presented the Pahrump Valley Fire and Rescue Task Force findings.

There was discussion on the budget.

There was discussion on the cost of a special election.

There was discussion on remodeling existing facilities and purchasing surplus equipment.

Commissioner Cox stated that she was impressed with the effort, care, and interest the volunteer task force had put into their assignment.

Mr. Culshaw stated that the fire stations being considered for replacement were not fire stations, they were barns. He reviewed the OSHA requirements for upgrading them.

Commissioner Cox reviewed the process of educating the public on the needs of the department and additional funding avenues.

Mr. Culshaw reviewed their reasons for not considering surplus equipment.

Commissioner Eastley asked if the Town Board had taken any formal action that supported the recommendations of the task force.

Mrs. Murray stated that the motion from the Town Board was to bring the presentation and recommendations of the task force to the BOCC. She reviewed the matter.

Dave Richards, Pahrump Town Manager, reviewed his participation in the task force.

Commissioner Eastiey stated that it was interesting that there was nothing in backup from the Town Staff or the Town Board. She reviewed the matter.

Commissioner Trummell stated that if the Town wanted an election, then the Town needed to pay for the election. She reviewed the matter. She stated that she was not wiling to levy any tax without going to the voters. Page 11 024 5/05

IMPROVEMENTS OF THE TOWN OF PAHRUMP'S PAHRUNIP VALLEY FIRE AND RESCUE SERVICE. - Cont'd

Mr. McDonald reviewed alternatives that were considered for funding.

Commissioner Cox reviewed her concern with not having all the information in backup in a timely manner.

Mr. McDonald stated thatathe Task Force was given an open door to Town Staff. He stated that they were involved in formulating the report. He reviewed the matter.

Scott Lewis, Fire Chief, stated that he had authored a letter of thanks to the BOCC for equipment. He reviewed the matter.

Mr. Lewis reviewed the grants for equipment that had been received the past year and those that they were pursuing.

Commissioner Carver stated that she felt the BOCC needed to hear the opinion of the Pahrump Town Board. She commented on the advantages of using surplus equipment if equipment was inspected. She asked if the task force findings could be placed on the county website.

Mr. Maher stated that they could put it on the website.

Paul Willis, Town Board member, stated that he wanted to clarify that the Town Board did not vote on a recommendation for this. They voted to send it up as a presentation. He stated that it was made clear in the beginning of the task force that staff would supply materials requested, but were not to be actively involved. He reviewed the matter.

Mr. Willis complimented the task force on doing an unrealistic task in such a short time. He reviewed the matter.

Commissioner asttey moved that they refer the item back to the Pahru Board for a recommendation specifically in terms for placing this on a ballot for a special election with funding to be provided by the Town of Pahrump; seconded by Commissioner Cox.

Charlie Gronda reviewed the history of the item. He stated that the Town took over the ambulance service in 1999, which was when the major financial problems started. He reviewd the need to buy new equipment rather than used. Page 12 0211 5/05 9:30 PRESENTATION BY PAWRUMP VALLEY FIRE. AND RESCUE TASK FORCE WITH DISCUSSION AND POSSIBLE DECISION TO: I) LEVY A 1.5% TAX; OR 2) APPROVE A REFERENDUM FOR A 1.5% TAX WITHIN THE TOWN OF PAHRUMP TO SUSTAIN THE OPERATIONS AND CAPITAL IMPROVEMENTS OF THE TOWN OF PAHRUMP'S PAHRUMP VALLEY FIRE AND RESCUE SERVICE. - Cont'd

Ron Johnson reviewed the necessity of a "needs and assessment process."

George Gingell stated that he would like to see the BOCC's take a tour with the fire chief of ail the locations in town. He reviewed the matter.

Chuck Patti reviewed the budgetary items within the report.

Mr. Scott stated that he took offense to Mr. Johnson's lack of confidence in the Fire Chief. He reviewed the comments that Mr. Johnson had made.

Mr. Scott stated that he had personally looked at privatizing the fire and ambulance service and that the only advantage was cost cutting measures that the Fire Chief had implemented.

Ms. Barlow stated that the Task Force' responsibility was to look at the entire picture of the Town, not to put a band-aid on a problem, but to try and find a general source of funding that could continue to fund the fire department.

Mr. McDonald stated that the assignment of the Task Force was to solve the problem, not to just find funding.

Mr. R~devlAdstated that the NRS stated that the amount of the tax rate was 1.5 percent of assessed value. He reviewed the matter.

Mr. McDonald stated that they were asking for 15 percent per $100 of assessed evaluation. He reviewed the matter.

Commissioner Eastley amended her motion to include that the Town Board clarify exactly what they were asking for if they voted to return the item to the BOCC; Commissioner Cox amended her second.

Commissioner Trummeli stated that the motion on the floor was to refer the item to the Pahrump Town Board for clarification as to what exactly they were looking for as to the amount of the tax and for their recommendation and approval of them paying for the special election if it came back before the BOCC.

The motion passed with 5 yeas. Page 13 024 5/05 225. DISCUSSION AND POSSIBLE DEClS!QN TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATORS FOR NYE COUNTY AMBULANCES THROUGH NEVADA STATE PURCHASING CONTRACT. THE COST TO NYE

DEFIBRILLATORS.

Commissioner Eastley made a motion to approve from Fund 492; seconded by Commissioner Cox; 5 yeas.

23. GENERAL SERVICES

ltem was removed from the agenda.

24. HEALTH & HUMAN SERVICES

ltem was removed from the agenda.

25. MANAGEMENT INFORMATION SYSTEMS

ltem was removed from the agenda*

30. SENIOR SERVICES

ltem was removed from the agenda.

10:30 INFORMATIONAL PRESENTATION ON THE FlRE RISKIHAZARD ASSESSMENT TO REPORT THE FINDINGS OF OUR INVESTIGATION FOR NYE COUNTY: ELWOOD MILLER, NEVADA FlRE SAFE COUNCIL: JOHN MCLAlN, RESOURCE CONCEPTS, INC.

Pat Murphy, Project Coordinator of the Nevada Fire Safe Counsel, reviewed the history and the mission of the Nevada Statewide Wildfire Risk Assessment Project.

Mr. Murphy stated that Nevada was the only state that had done all of their communities at risk statewide and made them qualified for CWPP (Community Wildfire Protection Plans) status. He reviewed the requirements CWPP status.

John McLain, esoerrce Concepts, Inc., reviewed the assessment factors for CWPP.

Brent Jones, Nye County Director of Emergency Services, stated that he had read the report and he had begun the process to aggressively approach the matter. He reviewed the items they had begun. Page 14 0211 5/05

Mr. Rliurphy stated that there was one chapter in Manhattan that immediately gave them non-profit status. He reviewed the matter.

Mr. Hollis reviewed the lack of fire protection in lone.

There was discussion on the variable conditions that occur throughout the state caused by various weather conditions.

32. PUBLIC PETITIONERS

32A. DISCUSSION AND POSSIBLE DECISION TO IMPOSE A MORATORIUM ON NEW CONCENTRATED ANIMAL FEED OPERATIONS IN NYE COUNTY UNTIL ADDITIONAL SCIENTIFIC DATA ON THE ATTENDANT RISK TO PUBLIC HEALTH HAVE BEEN COLLECTED AND UNCERTAINTIES RESOLVED. LYN ROSE, REQUESTOR.

Bill Barrackman presented additional information for consideration by the BOCC.

Commissioner Cox made a motion to accept the additional information; seconded by Commissioner Eastley; 5 yeas.

Mr. Barrackman requested that the information be posted on the website.

Mr. Barrackman also presented more material to the BOCC for consideration.

Commissioner Eastley made a motion to accept the additional information; seconded by Commissioner Cox; 5 yeas.

Mr. Barrackman reviewed the material and read the "Conclusion."

Robert Glennen, Attorney, appearing on behalf of ACE (Amargosa Citizens for the Environment), but not their official attorney, reviewed the item.

Mr. Giennen stated that e would request a moratorium and then request that the BOCC fund some studies to see what health problems we might have locally. He reviewed the matter.

Cornmissioner Hollis stated that he would like to be excused from these proceedings because of a potential conflict of interest. He reviewed the matter.

Bruce Crater, Amargosa Valley resident, reviewed his support of the item. Page 15 0211 5/05 32A. DISCUSSION AND POSSIBLE DECISION TO WIPOSE A MORATORIUM ON NEW CONCENTRATED ANIMAL FEED OPERATIONS IN NYE COUNTY UNTIL ADDITIONAL SCIENTIFIC DATA ON THE ATTENDANT RISK TO PUBLlC HEALTH HAVE BEEN COLLECTED AND UNCERTAINTIES RESOLVED. LYN ROSE, REQUESTOR. - Cont'd

Commissioner Trummell asked Maureen Budahl, County Health Officer, her opinion on the matter.

Mrs. Budhal stated that, off the top of her head, she could not recall any such warnings or studies on animal feed operations being brought to her attention. She reviewed the matter.

Mr. Barrackman stated that, based on the information he had presented, the dairies that were currently operating in Amargosa Valley constituted a greater health threat to the citizens of Amargosa Valley than Yucca Mountain did at this point in time. He reviewed the matter.

Mr. Barrackman reviewed the negative effects of factory farms within the Community of Amargosa Valley and detriment to Nye County.

Mr. Kent stated that he would feel that the issues would be preempted by the State.

Mr. Glennen commented on the ordinance proposed in Iowa.

Mr. Barrackman commented on the authority of regulating bodies within the state, county and city.

Commissioner Trummell stated that much of what Mr. Barrickman was talking about was tied to zoning. She reviewed the matter.

Paul Willis, consultant for the Ponderosa Dairy, citizen of Nye County and native of Nevada, reviewed an organization called GRACE (Global Resource Action Center for the Environment). He reviewed his objection to the item.

Ed Goedhart, Manager of the Ponderosa Dairies, asked that the BOCC consider implications of a ban on CAFO's in Nye County. He reviewed his objedions to the item.

Mr. Goedhart stated that Nevada had some of the most stringent requirements of any of the states in which he operated. He reviewed the matter.

Commissioner Cox made a motion to deny the request based on the fact that the dairy was in compliance; seconded by Commissioner Eastley. Page 16 02/15/05 32A. DlSCldSSlON AND POSSIBLE DECISION TO IMPOSE A MoRATOR!aJM ON NEW CONCENTRATED ANIMAL FEED OPERATIONS IN NYE COUNTY UNTIL ADDITIONAL SCIENTIFIC DATA ON THE ATTENDANT RISK TO PUBLIC HEALTH HAVE BEEN COLLECTED AND UNCERTAINTIES RESOLVED. LYN ROSE, REQUESTOR. - Cont'd

Commissioner Cox suggested that the citizens of Amargosa educate themselves on what was happening at the dairy.

Commissioner Eastley stated that a representative of the NDEP had told her that the owners of the Ponderosa Dairy had gone out of their way to comply with any of the laws that were currently in place that governed their operation.

Commissioner Eastley stated that this was not the Board to which this concern should be presented. She reviewed the matter.

Mr. Barrackman reviewed his concerns about large rain events and the potential for manure washing off the property.

Mr. Goedhart stated that the application ~f manure was already regulated by a comprehensive nutrient management plan. He reviewed the matter.

Mr. Goedhart reviewed the dairy's mandated water retention structures.

Commissioner Carver stated that she felt that Mr. Goedhart and the owners were responsible businessmen in Nye County.

328. DISCUSSION AND POSSIBLE DECISION ON PROPOSING A DRAFT BILL TO CREATE A CRYSTAL ADVISORY BOARD IN CRYSTAL. NEVADA. CHARLOTTE LEVAR, REQUESTOR.

Item was removed from the agenda.

1:30 DISCUSSION AND POSSIBLE DECISION REGARDING UTILIZING PETT FUNDS IN THE AMOUNT OF $67,055.58 FOR THE PURCHASE OF SIX POLYCOM VSX 7000, 32'WONlTORS AND CARTS, SOFTWARE LICENSE FEES, INSTALLATION, TROUBLESHOOTING & TRAINING.

Judge Tim Brisebiil reviewed the item.

Commissioner Cox requested a breakdown of the cost savings.

Judge Brisebilf stated that it would be a savings for the Sheriffs Department. She reviewed the matter. She stated that the jail would not have to travel distances with inmates. Page 17 0211 5/05

Commissioner Eastley reviewed her support of the item.

Dale Liberty, Systems Administrator, stated that once the units were in place, the self-contained units would be on carts and once the personnel utilizing the system were trained, the staff time involved should be minimal. He reviewed the matter.

Commissioner Trummell asked if other departments could use it.

Mr. Liberty stated that he would think so.

Judge Brisebill reviewed the quote.

Mr. Rodewald stated that the $67,000.00 would be taken out of Fund 492.

Mr. Fox asked commented on leasing the equipment.

Judge Brisebill stated that maintenance was included in the quote. She reviewed the matter.

Stacy Jones stated that the quote was good for 30 days. She reviewed the matter.

Karen Gray, Beatty Justice Court, stated that there was a safety issue with the amount of time used to transport prisoners. She reviewed her support of the item.

Sheriff DeMeo reviewed his support of the item.

It was the pleasure of the Board that the item be considered with all of their other PETT requests.

11A. CLOSURE OF MEETING, PURSUANT TO NRS 241.030(2) AND

Commissioner Eastley made a motion to close; seconded by Commissioner Cox; 5 yeas. Page 18 0211 5/05 IIB. CLOSED MEETING, PURSUANT TO NRS 288.220!4! FOR PURPOSES OF CONFERRING WITH THE COUNTY'S MANAGEMENT REPRESENTA- TIVES REGARDING LABOR NEGOTIATIONS, ISSUES AND OTHER PERSONNEL MATTERS.

Meeting was closed.

2:00 PUBLIC HEARING TO CONSIDER THE LAND USE ASSUMPTIONS WHICH WILL BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN {CIP) FOR WHICH IMPACT FEES MAY BE IMPOSED WITHIN THE PAHRUMP

Ron Williams. stated that the Land Use Assumptions were the first important steps to a Capital lmprovements Plan and impact fees. He reviewed the matter.

Commissioner Eastley made a motion to accept an additional document for consideration; seconded by Commissioner Cox; 5 yeas.

Jim Strozier, Principal with Consensus Planning, stated that they were before the BCICC to ask for approval of the Land Use Assumptions, He reviewed the matter.

Mr. Strozier reviewed the project scope, how impact fees were determined, the public involvement process, population projections, land use assumptions, and the next steps. He stated that this information would form a basis for a Capital Improvement Plan that would develop the impact fees ordinance.

Commissioner Trummell opened the public hearing.

Rick Walker, Chairman of the CIP Committee, stated that this information wou!d be applied toward current situations as they occurred and changed in Pahrump. He reviewed the matter.

Commissioner Trummell closed the public hearing.

Commissioner Trummell stated that she was a liaison to the Committee for a short period of time and complimented the people involved.

Commissioner Cox made a motion to approve.

Commissioner Trummell stated that there was a motion by Commissioner Cox to approve and adopt the land use assumptions as presented to the Board by the Capital Improvements Plan Advisory Committee.

Commissioner Eastiey seconded the motion; 5 yeas. Page 19 02/ 1 5/05 28. PLANNING

28A. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD EXTEND THE EXPIRATION DATE RELATED TO THE OASIS AT SHANGRI-LA SUBDIVISION IMPROVEMENT AGREEMENT (SIA); OR DIRECTION TO STAFF REGARDING TERlVllNATlON OF THE SIA; LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ROUTE 3'72 BETWEEN WOODCHIPS ROAD AND LESLIE STREET: FORUM GROUP LTD - DEVELOPER.

Mr. Williams reviewed the item.

Mr: Williams reviewed his concern with allowing a developer to go more than two years past his expiration date without getting direction from the BOCC.

Mr. Williams reviewed the subdivision configuration.

Jerry Wang, President of Forum Group Ltd, developer of Oasis Shangri-La project, reviewed the history of the development.

Mr. Wang stated that he was present to renew the extension of the subdivision agreement of the Oasis At Shangri-La Subdivision.

Mr. Wang reviewed the expenses he had incurred throughout the project.

Mr. Wang reviewed the development that had occurred on the subdivision to date.

John Nelson, President of Quality Utilities, stated that was the uti!ity that was approved by the Public Service Commission to serve water and sewer to this development. He stated that they were requesting a three-year extension. He reviewed the matter.

Commissioner Eastley made a motion to accept the additional documentation for review; seconded by Commissioner Carver; 5 yeas.

Mr. Nelson reviewed the projects with which he had been associated during his career and stated that all of the projects took well over 20 years before

Mr. Nelson stated that the development agreement had expired due to the State Fire Marshall's new criteria and DOT'S changes in postponing the project. He reviewed the matter.

Mr. Nelson stated that he had been associated with the project for seven years and was the design engineer on the water and sewer system. Page 20 02/15/05

THAT THE BOARD EXTEND THE EXPIRATION DATE RELA' OASIS AT SHANGRI-LA SUBDIVISION IMPROVEMENT AGREEMENT (SIA); OR DIRECTION TO STAFF REGARDING TERMINATION OF THE SIA; LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ROUTE 372 BETWEEN WOODCHIPS ROAD AND LESLIE STREET; FORUM GROUP LTD - DEVELOPER. - Cont'd

Neal Tomlinson, Colby-Tomlinson Law Firm, stated that he had worked with Mr. Yang over the past six years and it was his understanding that Mr. Wang was prepared to go forward with putting in the water and sewer improvements as soon as he could. He reviewed the matter. He stated that on behalf of The Forum Group, they respectfully asked the Commissioners to give Mr. Wang an extension of at least two years, preferably a three-year period.

Ed Bishop, private citizen, reviewed his support of the extension.

Commissioner Cox stated that there had been changes to ordinances and agreements during the past 12 years.

Mr. Williams reviewed the difference between the statutory development agreement and the subdivision agreement.

Mr. Kent stated that if the agreement was there and it had expired, it was no longer in existence. He reviewed the matter.

Commissioner Eastley stated that she was tempted to request that the BOCC table the item until the BOCC received a more definitive opinion from the DA's office.

Commissioner Trummell stated the Board needed a written legal opinion from the DA's office as to whether or not they had the authority to renew the expired agreement.

Mr. Tomlinson stated that they were of the opinion that authority did exist for the BOCC to approve this.

Mr. Kent stated if unsel for F~rumhad his opinion, he invited hi it with him.

Commissioner Eastley requested that the item be brought back to the BOCC at the next meeting in Tonopah. Page 21 0211 5/05 5. ANNOUNCEMENTS - Cmt'd

Commissioner Eastley stated that she had just been notified that Nye County's Oil Fields Revenue Bill was assigned number 318. She reviewed the matter.

3:00 APPROVAL OF AUDITS OF 2003-2004 FOR NYE COUNTY AND ALL COMPONENT UNITS OF NYE COUNTY CONDUCTED BY DANIEL MC ARTHUR LTD.

Dan McArthur stated that he was present to discuss the financial statement of Nye County, Nevada for the year ended June 30, 2004. He reviewed the purpose of financial statements and audits. He stated that he was required to issue opinions on financial statements, compliance with law and regulation, and , discuss any comments that he might deem appropriate to help improve management of financial affairs.

Mr. McArthur reviewed the meaning of a "clean audit."

Mr. McArthur reviewed the General Fund graph and expenditure trends. He stated that General Fund revenues were not keeping pace with expenditures. He reviewed the matter.

Mr. McArthur reviewed his concern with PETT revenues moving into the General Fund in 2005 to balance the budget. He reviewed personnel costs.

Mr. McArthur reviewed his concerns with net proceeds revenue and fines and forfeitures down trend.

Mr. McArthctr reviewed the motor pool fund, the new solid waste fund, special projects fund, and investments. He reviewed assessor, commission, and landfill fees.

Mr. McArthur reviewed compliance and internal control over financial reporting.

Mr. McArthur reviewed corrective action for non-compliance issues.

Mr. Rodewald stated that a resolution would be before the BOCC probably by the April 1 meeting. He reviewed the matter.

Mr. McArthur reviewed concerns with disbursement of the funds related to the medium term financing obligation.

Mr. McArthur reviewed statute violations regarding inventory. Page 22 0211 5/05 3:OQ APPROVAL OF AUDITS OF 2003-2004 FOR NYE COUNTY AND ALL COMPONENT UNITS OF NYE COUNTY CONDUCTED BY DANIEL MC ARTHUR LTD. - Cont'd

Mr. McArthur reviewed his concern with an escrow bank account opened without the Treasurer being a signor on the account. There was discussion on the matter.

Commissioner Trummell stated that she felt that there were some serious internal control issues relative to the finding. She reviewed the matter.

Mr. Maher stated that this was one of the reasons that the Johnson Group had been engaged to assist the County. He reviewed the matter.

Mr. McArthur stated that direction from the Board to staff to change the signature cards on the account would be all that was necessary. He stated that he felt an account should require two signatures for a transaction to take place.

There was discussion on the fixed asset non-compliance issue. He stated that his concern was that there was no control over fixed assets at this time. He made suggestions regarding policy once a fixed asset manager was in place.

Mr. McArthur stated that the management comments letter was required by Statute. He stated that the comments were supposed to be improvement in nature issued by the auditor. He reviewed the Management Comments Letter item-by-item.

There was discussion on the ambulance-billing module of the HTE.

There was discussion on disbursements of funds in the past made outside of a comprehensive plan.

IIH. POSSIBLE CLOSURE OF MEETING PURSUANT TO NEVADA REVISED STATUTES, SECTIONS 241.O3O(l) AND 241.O33 (I), TO DISCUSS MICHAEL MAHER'S PROFESSIONAL COMPETENCE. PERFORMANCE REVIEW AND GOAL-SETTING.

Commissioner Hollis made a motion to close; seconded by Commissioner Cox; 5

191. CLOSED MEETING PURSUANT TO NEVADA REVISED STATUTES, SECTIONS 241.030(l) AND 241.033 (1) TO DISCUSS MICHAEL MAHER'S PROFESSIONAL COMPETENCE, PERFORMANCE REVIEW AND GOAL- SETTING.

Meeting was closed. Page 23 0211 5105 2 2 J. DISCUSSION, ACT!QN AND POSS!BLE DECISION REIGARD!NG MICHAEL MAHER'S PROFESSIONAL COMPETENCE, PERFORMANCE REVIEW AND GOAL-SETTING. ACTION MAY INCLUDE, BUT IS NOT LIMITED TO REPRIMAND OR ENDORSEMENT OF PAST PERFORMANCE ANDIOR ESTABLISHING FUTURE GOALS AND PERFORMANCE MEASURES.

No action was taken.

3:00 APPROVAL OF AUDITS OF 2003-2004 FOR NYE COUNTY AND ALL COMPONENT UNITS OF NYE COUNTY CONDUCTED BY DANIEL MC ARTHUR LTD. - Cont'd

Mr. McArthur continued his item-by-item review of the Management Comments Letter.

Mr. McArthur reviewed item-by-item the "prior year comments" portion of the Management Comments Letter.

Mr. McArthur reviewed grants and suggested improvements in the process.

Commissioner Cox made a motion to approve the audit for 2003-2004; seconded by Commissioner Hollis; 5 yeas.22

10:OO PUBLIC HEARING ON NYE COUNTY BlLL NO. 2005-03: A BILL PROPOSING TO AMEND NYE COUNTY CODE TO DIRECT MONEY FROM THE COUNTY'S EDUCATIONAL ENDOWMENT FUND FOR USE BY THE NYE COUNTY SCHOOL DISTRICT: AND OTHER MATTERS PROPERLY RELATED THERETO; AND POSS!BLE ADOPTION OF SAME.

Commissioner Eastley made a motion to accept a copy of the Bill for the Board's consideration; seconded by Commissioner Cox; 5 yeas.

Commissioner Trummell stated that she was wondering if the School District had any problems adding a definition regarding interest and defining it as the actual interest earned, not the unrealized investment gain or loss.

Dr. Roberts, Superintendent of NCSD, stated that was not a problem.

There was no comment from the public during the public hearing.

Commissioner Eastley moved to adopt Bill No. 2005-03 with the change that was agreed to by the School District; seconded by Commissioner Cox. Page 24 02/15/05 1Q:OQ PUBLIC HEARMG ON NYE COUNTY BILL NO. 2005-03: A BILL

Commissioner Trummell stated that there was a motion by Commissioner Eastley to adopt Bill 2005-03 with the addition of a definition of interest as the actual interest earned in a given year, not taking into account the unrealized investment gain or lost; seconded by Commissioner Cox.

The motion passed with 5 yeas.

dommissioner Trummell stated that the effective date was March 7, 2005.

20C. DISCUSSION AND POSSIBLE DECISION TO SET A PUBLIC HEARING

Mr. Rodewald stated that this was a procedural item recommended to secure the financing that the BOCC had previously approved. He suggested that the meeting be set for 11:00 a.m. on March 1, 2005.

Commissioner Eastley made a motion to set a public hearing for 11:OO a.m. on March 1, 2005; seconded by Commissioner Hollis; 5 yeas.

PREPARE A LETTER OF SUPPORT FOR BILL DRAFT REQUEST (BDR) 863 WHICH WILL CHANGE THE CURRENT ALLOCATION FORMULA FOR THE CONSOLIDATED TAX.

Commissioner Trummell stated that this would mean about a $50,000.00 decrease, given the past performance, to the Town of Pahrump in their consolidated tax revenue. She reviewed the matter.

Commissioner Eastley stated that the issue was discussed at length at a recent suppofied the change.

Mr. Rodewald stated that not only was the Town of Pahrump going to lose money, but so was Nye County with the change from the current allocation formula.

Commissioner Eastley made a motion to direct staff to prepare a letter of support for BDR 863; seconded by Commissioner Carver; 5 yeas. Page 25 02/15/05 21. CQUNTY MANAGER

21A. DISCUSSION AND POSSIBLE DECISION ON APPROVAL OF RESOLU- TION NO. 2005-04. TO ESTABLISH COMPENSATION TO THE MEMBERS OF ~~EPAHRUMPREGIONAL PLANNING COMMISSION. THE COMPENSA- TION IS NOT TO EXCEED $40.00 PER MEETING OR $200.00 PER MONTH.

Mr. Maher stated that he had several requests from various individuals regarding the time that the members of the RPC were spending doing their job. He reviewed the matter. He stated that there was no funding set aside in the budget according to Mr. Williams.

Mr. Maher stated that it was his understanding that "meeting" was for any official meeting. He reviewed the matter.

Commissioner Cox reviewed her concern with funding.

Commissioner Trummell reviewed her concerns with the item.

Commissioner Eastley reviewed her concerns with the item.

Commissioner Eastley made a motion to refer the item back to the RPC for formal action in the form of a recommendation to be brought back before the BOCC; seconded by Commissioner Cox; 5 yeas.

27. HIR AND RISK MANAGEMENT

27A. HUMAN RESOURCES UPDATE

Danelle Shamrell, Personnel Analyst, stated that applications were being reviewed for the Comptroller position. She reviewed the matter.

Mrs. Shamrell stated that the Senior Engineer applications were coming into the office.

Mr. Maher announced that Mr. Rodewald was retiring and he would be advertising for the Budget Director.

OF A CLAIM BY TED THOMPSON FOR ALLEGED WORK PERFORMED OUT OF HIS JOB CLASSIFICATlON.

Itern was pulled from the agenda Page 26 0211 5/05 27C. D!SCUSS!ON, POSSIBLE. DECISION AND DRECTIO?! TO STAFF TO AUTHORIZE THE HIRING OF (I)ONE REGULAR PART TIME CLERK 'TYPIST WITHOUT BENEFITS FOR THE HEALTH & HUMAN SERVICES DEPARTMENT IN TONOPAH.

Mrs. Shamrell stated that Health and Human Services had recently been awarded two additional grants that had increased the workload.

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

Commissioner Cox asked if grant money could be used to fund existing staff and reorganize the department. She reviewed the matter.

Mrs. Minor stated that she had no grants that funded personnel. She reviewed the need for the part time clerk typist.

Mr. Rodewald stated that none of the funding for Health and Human Services was out of County General Fund, it was all out of special revenue funds specifically for those activities.

The motion passed with 5 yeas.

27D. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF TO AUTHORIZE THE RECLASSIFICATION OF (1) ONE EXECUTIVE LEGAL SECRETARY IN THE PAHRUMP DISTRICT ATTORNEY'S DEPARTMENT TO A SUPERVISING LEGAL SECRETARY.

Mrs. Shamreld reviewed the item.

Commissioner Trummell stated that she would personally like to see the DA's office budget the item for next year and then if approved, reclassify. She reviewed the matter.

Commissioner Carver stated that she also felt that the item should wait and be brought back with the budget.

It was the consensus of the BOCC to bring the item back with the budget. Page 27 0211 5105 26. NATURAL RESOURCES AN64 FEDERAL FACIL!T!ES

26A. DISCUSSION AND POSSIBLE DECISION ON A PROFESSIONAL

COX) IN THE NOT TO EXCEED AMOUNT OF $25,000 FROM FEBRUARY 15, 2005 THROUGH MARCH 31, 2006. THIS CONTRACT WILL SUPPORT THE NUCLEAR WASTE REPOSITORY PROJECT OFFICE'S (NWRPO'S) INDEPENDENT SCIENTIFIC INVESTIGATION PROGRAM (ISIP) INCLUDING THE EARLY WARNING DRILLING PROGRAM (EWDP).

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

26B. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF REGARDING A GEOTECHNICAL SURVEY OF AREAS WITHIN PAHRUMP TO DETERMINE THE AREA UNDERLAIN BY COLLAPSING SOILS. THE STUDY WILL UTILIZE EXISTING INFORMATION AND NEWLY ACQUIRED DATA. NRFF STAFF. ASSISTED BY CONSULTANTS, WILL PERFORM THE STUDY FOR A COST OF $12,100.

Commissioner Cox made a motion to approve out of Fund 492; seconded by Commissioner Eastley.

Commissioner Cox stated that this was a safety issue and it could not wait. She reviewed the matter.

Commissioner Trummell asked if this could come out of the emergency fund due to flooding.

Commissioner Eastley read the definition for use of the emergency fund.

Mr. Rodewald stated that given that definition it gave them the latitude to use the money from the emergency fund.

Commissioner Cox amended her motion to approve out of fund 497. Commissioner Eastley amended her second.

The motion passed with 5 yeas.

8. COMMISSIOMERSIMAMAGER'S COMMENTS - Cont'd

Commissioner Eastley commented on the plans for development of the ground- water evaluation program for Southern Nye County and that it was recommended in an e-mail she had received that Nye County initiate this program by conduding a risk and needs assessment for water resources in Southern Nye County. She reviewed the matter. Page 28 02/15/05

8. COMMISSIONERS'IMANAGER'S COMMENTS - Cont'd

Commissioner Eastley recommended taking action quickly on the risk and needs assessment and that the next time Commissioner Trummell or whomever went to Washington, D.C. that they demonstrate that the county has successfully used that money so that Nye County could qualify for more appropriations in the future. She reviewed the matter.

Commissioner Eastley stated that she understood that Mr. Swanson had conducted work to better define short and long-term objectives with regard to sustainable development goals in Nye County.

Mr. Swanson stated that they had not progressed to where any of those goals were comfortable.

Commissioner Eastley stated that some of those goals may be applicable to Nye County's goals. She asked Mr. Swanson if in the future Earth Knowledge would make a presentation to the BOCC. She reviewed the matter.

22. EMERGENCY SERVICES

22A. EMERGENCY SERVICES UPDATE

Brent Jones, Director of Emergency Services, stated that the fire trucks were in the field. He stated that five new trucks would be in Utah in the next few days. He reviewed the matter.

Mr. Jones reviewed the pre-disaster mitigation pian.

Mr. Jones reviewed equipment assessment activity.

Commissioner Cox stated that there was an MOU between the Town of Pahrump and the County. She asked that Mr. Jones put that into place. Page 29 021'1 5/05 23C, DISCUSSION AND APPROVAL OF COUNTY MANAGER'S REQUEST FOR THE BOARDS SUPPORTIAPPROVAL FOR THE FOLLOWING ORGANIZATIONAL CHANGES IN HUMAN RESOURCES: I)PLACE HUMAN RESOURCES AS A DIVISION UNDER THE COMPTROLLER; 2) FREEZE THE POSITION OF DIRECTOR HUMAN RESOURCES; 3) APPROVE

RECLASSIFICATION OF CURRENT SECRETARY I TO PERSONNEL TECHNICIAN I, NCEA GRADE 6: 6) SUPPORT MOVE OF WORKPLACE TRAINING & SAFETY OFFICER AND SECRETARY I POSITIONS TO BECOME A DIVISION UNDER THE DIRECTOR OF EMERGENCY MANAGEMENT.

Commissioner Eastley made a motion to approve all of the organizational changes; seconded by Commissioner Carver.

Commissioner Trummell asked if there was enough secretarial support if the secretary was moved to emergency management.

Mr. Maher reviewed the matter and stated that they were working it out.

The motion passed with 5 yeas.

28B. DISCUSSION AND POSSIBLE DECISION ON SETTING A DATE, TIME AND LOCATION FOR A PUBLIC HEARING ON NYE COUNTY BILL NO. 2005- 04: A BILL PROPOSING TO AMEND NYE COUNTY ORDINANCE NO. 289, THE DUST REGULATIONS WlTHlM THE PAHWUMP REGIONAL PLANNING DISTRICT, BY ADDING AN APPEAL PROCESS; BY CLARIFYING APPLICABILITY OF THE REGULATIONS; BY DEFINING "OPACITY" AND AMENDING THE OPACITY MEASUREMENT METHODOLOGY; AND OTHER MATTERS PROPERLY RELATED THERETO.

MaryEllen Giampaoli reviewed changes within the document.

Sam Merlino, Nye County Clerk, stated that she could change the public hearing date.

Mr. Williams stated that all parties were not available on March 1, 2005.

Commissioner Trummeli requested that members of the BOCC submit questions to Mr. Williams prior to the meeting.

Mr. Williams recommended changing the time from 2:00 p.m. to 10:00 a.m. Page 30 02/15/05 28B. DISCUSSION AND POSS!BLE DEClS!ON ON SETT!NG A DATE, TIME AND LOCATION FOR A PUBLIC HEARING ON NYE COUNTY BILL NO. 2005- 04: - Cont'd

Mrs. Merlino stated that she would let the paper know to change the time.

Commissioner Eastley made a motion to set a public on hearing on Nye County Bill No. 2005-04 for 10:00 a.m. on March 1, 2005; seconded by Commissioner Cox.

Commissioner Eastley amended her motion to propose Bill No. 2005-04 and set a public hearing date for 10:OO a.m. on March 1, 2005. Commissioner Cox amended her second; 5 yeas.

Commissioner astley read the title into record.

28C. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST TO PURCHASE A VEHICLE FOR DIVISION OF CODE COMPLIANCE USE.

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

28D. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT NYE COUNTY EXTEND THE PROFESSIONAL SERVICES AGREEMENT VVlTH MARYELLEN GlAMPAOLl TO SUPPORT AIR QUALITY COMPLIANCE ACTIVITIES IN THE PAHRUMP HYDROGRAPHIC BASIN.

Commissioner Cox made a motion to approve out of the building and safety fund; seconded by Commissioner Eastley; 4 yeas. Mr. Hollis voted no.

28E. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST FOR APPROVAL OF CHANGE ORDER NO. I IN THE AMOUNT OF $10,250, TO TRI-CORE ENGINEERING'S AMENDMENT NO. 2 OF THE PROFESSIONAL SERVICES AGREEMENT VVHEREIN TRI-CORE IS TO DEVELOP A CAPITAL IMPROVEMENTS PLAN FOR THE PAHRUMP REGIONAL PLANNING DISTRICT.

Commissioner Trummell stated that she felt that everything proposed in the scope of work was included in the original scope of wor . She reviewed her concerns with the item.

Rich Randall, Tri-Core Engineering, stated that he was trying to give Nye County a comptete document with all the forms and administrative procedures for staff and users. He reviewed the matter.

Mr. Hollis made a motion to deny; seconded by Commissioner Cox. Page 3 1 0211 5105

--28E. D!SCUSSIBN AND PBSSlBhE DEC!S!ON CONCERNING A REQUEST FOR APPROVAL OF CHANGE ORDER NO. IIN THE AMOUNT OF $10,250, TO TRI-CORE ENGINEERING'S AMENDMENT NO. 2 OF THE PROFESSIONAL SERVICES AGREEMENT WHEREIN TRI-CORE IS TO DEVELOP A CAPITAL IMPROVEMENTS PLAN FOR THE PAHRUMP REGIONAL PLANNING DISTRICT. - Cont'd

Commissioner Trummell reviewed her concerns and stated that her recommendation in the future was, if Nye County wanted a fuller implementation plan, they cut Tri-Core out of the mix and sub it out if need be.

The motion passed with 5 yeas.

2%. DISCUSSION AND POSSIBLE DECISION CONCERNING SETTING A DATE, TIME AND LOCATION FOR A PUBLIC HEARING FOR RESULTS OF PUBLIC WORKS IDENTIFICATION AND DETERMINATION OF IMPROVED ROADS AND STREETS MAINTAINED BY NYE COUNTY; AND OTHER MATTERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME FOR THE PURPOSES OF COMPLIANCE WlTH NEVADA REVISED STATUTES CHAPTER 365,550 WlTH RESPECT TO PROCEEDS OF TAX LEVIED PURSUANT TO NRS 365.180

There was general discussion on the date to schedule the public hearing to allow for time to publish.

Commissioner Cox made a motion to set the public hearing in Amargosa Valley on March 15, 2005 at 10:30 a.m.; seconded by Commissioner Carver; 4 yeas. Commissioner Eastley voted no.

290. DISCUSSION AND POSSIBLE DECISION TO PURCHASE ONE ARCINFO FLOATING LICENSE AND ONE ARCGIS SPATIAL ANALYST CONCURRENT USE LICENSE FROM ESRI, INC. FOR $ 9,112.60, TO BE USED WlTH NYE COUNTY'S MICROPAVER PAVEMENT MANAGEMENT SOFTWARE SYSTEM.

Mr. Yao stated that it was a budgeted item in the Road Department 's budget.

Commissioner Eastley made a motion to approve; seconded by Commissioner Cox; 5 yeas. Page 32 0211 5/05 29E. DISCUSSION AND POSSIBLE DEC!S!QN ON CHANGE ORDER #3 TO EXTEND THE DELIVERY DATE FOR BID #2004-01 TYPE II GRAVEL FOR PAHRUMP AND VICINITY FROM MARCH 31, 2005 TO JUNE 30, 2005. THE BID WAS AWARDED TO WULFENSTEIN CONSTRUCTION CO., INC. AND IS BEING EXTENDED FOR THE COUNTY'S CONVENIENCE TO COINCIDE WlTH THE CONTRACT TIME FOR CONTRACT BID #2004-09 FOR PAHRUMP CHIP SEAL AND PAVING.

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

20A. BUDGET UPDATE

Mr. Rodewald stated that the budget update would be tomorrow afternoon.

IIC. CLOSURE OF MEETING, PURSUANT TO NRS 241.015 2 (B)(2) FOR PURPOSES OF CONFERRING WlTH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

Commissioner Cox made a motion to close; seconded by Commissioner Carver; 5 yeas.

11D. CLOSED MEETING, PURSUANT TO NRS 241.015 (B)(2) FOR PURPOSES OF CONFERRING WITH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

The meeting was closed.

IIE. REPORT ON E.D.E.N.

Commissioner Cox reported on the E.D.E.N. meeting held two weeks ago. She stated that the new slogan was, "E.D.E.N. is Alive in 05." She stated that the next meeting was scheduled for February 24 at 4:00 p.m. at the Nevada State Bank Building.

11 F. REPORT ON NCFIAB. ltem was removed from the agenda

I DlSCUSSlON AND POSSIBLE DECISION TO PURCHASE A FOUR- WHEEL DRIVE VEHICLE TO BE ASSIGNED TO THE POOL FOR USAGE BY COUNTY AS NEEDED. ESTIMATED COST $24,000.00. ltem was removed from the agenda. Page 33 0211 5/05 21 5. BRlEF!NG. D!SCUSS!QN, DEhlBERATW4, AND DEC!S!QN WEGAWD- ING STATUS OF KARE HEALTHCARE, INC.'S PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSAL REGARDING PAHRUMP MEDICAL CENTER AND POSSIBLE ACTION, INCLUDING WITHOUT LIMITATION, ACCEPTING KARE HEALTHCARE INC.'S PROPOSED MODIFIED TERMS OF KARE HEALTHCARE INC.'S ORIGINAL PROPOSAL, REJECTION OF SAME, TERMINATION OF RELATIONSHIP, OR ANY OTHER ACTION ATTENDANT THERETO.

David Gustafson, Kare Healthcare, Inc., reported on the status of PMC. He reviewed the statistics of transporting of trauma patients to Las Vegas.

Mr. Gustafson reviewed converting PMC to a hospital. ,

Mr. Gustafson reviewed the Certificate of Need.

Commissioner Cox reviewed her concerns with Kare Healthcare's good faith effort to open PMC within 90 days.

Mr. Gustafson reviewed Medicare Certification and a billing software system.

Bruce Golovkin stated that he was not an employee of Kare Healthcare and was not affiliated with Biomar. He stated that he had been a user of the system in other facilities. He reviewed the matter.

Commissioner Trummell stated that she could not support moving forward with terms offered to Nye County. She reviewed the matter.

Woody Anderson, Kare Healthcare, Inc. partner stated that he knew nothing about Biomar. He stated that they were sharing the office. He reviewed the matter.

Commissioner Trummell stated that her experience with Kare Healthcare had been one of misrepresentation. She reviewed the matter.

Commissioner Cox made a motion to terminate the relationship with Kare and direct staff to go out and advertise for someone to operate PMC; seconded by Commissioner Eastley.

Commissioner Trummell stated that there was a motion by Commissioner Cox to terminate the relationship between Nye County and Kare Healthcare, Inc. and to direct staff to advertise for some other physician or physician's group to fill PMC; seconded by Commissioner Eastley.

The motion passed with 5 yeas. Page 34 0211 5/05 33. GENERAL PUBLIC COMMENT !SECOND1

There was none.

34. ANNOUNCEMENTS (SECOND)

There were none.

35. ADJOURNMENT

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Carver; 5 yeas.

APPROVED this day of ATTEST:

Chairman Nye County Clerk Page 1 Date 03101105

Pursuant to NRS, the Nye County Board of Commissioners met in regular session at 8:30 a.m. in Commissioner Chambers Tonopah, Nevada

Candice Trummell, Chairman Joni Eastley, Vice-chairman Gary Hollis, Commissioner Patricia Cox, Commissioner Midge Carver, Commissioner Erik Levin, Deputy District Attorney Sandra "Sam" Merlino, Ex-OfFicio Clerk of the Board Michael Maher, County Manager

Also present: Ron Kent, Deputy District Attorney; Susan E. Wharff, Deputy County Clerk; DanRa Boscovich, Certified Shorthand Reporter;

1. PLEDGE OF ALLEGIANCE

2. APPROVAL OF THE AGENDA FOR THE BOARD OF COUNTY COMMISSIONERS' MEETING OF MARCH 1,2005

Mr. Maherpulled agenda items4, 7, 10, IIA, 11B, 11F, 12, 13, 14, 15, 17, 18, 19, 22, 23, 24, 25, 26, 27E and 31.

Commissioner Eastley stated the Treasurers report under 16A did not tell the Board anything. She stated she wanted a true picture of the cash on hand.

Mr. Rodewald stated at the monthly budget meetings he offered what the Board would be looking for.

3. APPROVAL OF MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' MEETING(S) FOR OCTOBER 19,2004, DECEMBER 7, 2004 AND JANUARY 21,2005

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

4. AWARDS AND PRESENTATIONS

This item was removed. Page 2 Date 03/01/05

5. ANNOUNCEMENTS

Sally Devlin, Pahrump resident, announced the meeting time for Friends of the Library and thanked everyone who was involved with the Fiber Arts show.

Jim Petell, Pahrump resident, announced the next CAD meeting in Las Vegas.

6. GENERAL PUBLIC COMMENT

Jan Cameron, Amargosa Valley, thanked the Board on behalf of the Amargosa Valley Senior Project Council for drilling the new well.

Mr. Petelf, Pahrump resident, stated he had received an E-Mail questionnaire regarding Calvada Eye property and that he assumed it was from Maryellen Giampoali and she should identify herself when sending E-Mails. He also discussed comments made by Mr. Bass at the Land Use Advisory Board meeting.

Mrs. Devlin discussed the legislative goal to bring Nevada into the 21'' century. She also discussed a support letter being done for Rod Shearer and Mike McGuiness on the realignment of the counties.

7. EMERGENCY ITEMS

This item was removed.

NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS.

NYE COUNTY BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF COUNTY COMMISSIONERS.

32. TOWN BOARDS 1 TOVVN ADVISORY BOARDS

32A. DISCUSSION, POSSIBLE DECISION AND/OR DIRECTION TO STAFF

ORDINANCE ON SEWAGE SLUDGE; AND 2) DRAFT AN ORDINANCE TO PROHIBIT THE USE OR IMPORTATION OF CLASS 5 BIO-SOLIDS.

Mrs. Cameron, Amargosa Valley Town Board, stated a study had been presented to the AVTB and they had voted 5-0 to prohibit the use or importation of class B biosolids. She stated they were asking the BOCC to approve their ordinance on this issue. Page 3 Date 03101 105

32A. DISCUSSION, POSSIBLE DECISION ANDlOR DIRECTION TO STAFF TO" I)APPROVE THE AMARGOSA VALLEY TOWN ADVISORY BOARD ORDINANCE ON SEWAGE SLUDGE; AND 2) DRAFT AN ORDINANCE TO PROHIBIT THE USE OR IMPORTATbON OF CLASS B BIO-SOLIDS-CONT'd.

Commissioner Eastley asked if their present Advisory Board approved the Ordinance.

Mrs. Cameron stated no, but she knew it would pass again 5-0.

Commissioner Eastley stated she had concerns regarding the banning of class B biosolids and how that could run into problems with interstate commerce laws.

Commissioner Trummell discussed the possibility of a local government adopting a sanitary ordinance.

There was general discussion on a master plan needing to be in place.

The Board stated they would return to this item after the Licensing and Liquor Board agenda.

NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE LICENSING AND LIQUOR BOARD

NYE COUNTY LICENSING AND LIQUOR BOARD RESOLVED TO THE BOARD OF COUNTY COMMISSIONERS

32A. DISCUSSION, POSSIBLE DECISION ANDlOR DIRECTION TO STAFF TO" I)APPROVE THE AMARGOSA VALLEY TOWN ADVISORY BOARD ORDINANCE ON SEWAGE SLUDGE; AND 2) DRAFT AN ORDINANCE TO PROEilBlT THE USE OR IMPORTATION OF CLASS B BIO-SOLIDS-CONT'd

Commissioner Trummell stated she thought there had to be a Regional Planning District in order to have a master plan.

Ron Williams, irector, slated there could be area plans tha one another on design criteria. We stated there was no plan individually for the Amargosa Valley area.

Mrs. Cameron asked what the Amargosa Valley community could do to protect their health, safety and welfare. Page 4 Date 03101 105

PROHIBIT THE USE OR IMPORTATION OF CLASS B BIO-SOLIDS-CONT'd

Mr. Williams stated he would check into what other counties had done to ban class B biosolids. He also stated that solid waste may not fall under planning and may be under public works.

There was general discussion on looking into using legislative ability.

8. COMMISSIONERS~MANAGER'SCOMMENTS

Commissioner Carver stated she would be out of State from March 19, 2005 through the ~7'~.

Commissioner Cox asked for a standing item on the agenda regarding an economic development report. She also asked about an update on the Calvada Eye and thanked all the Department Heads and Elected Officials for attending the Strategic Planning session.

Commissioner Eastley stated Paula King was unable to attend because she was ill but had provided some good information.

Walt Kuver, Pahrump resident, stated he had heard an idea about a pipeline from the rural counties to Clark County at an estimated cost of $ 2 billion dollars.

Commissioner Trummell discussed moving to a monthly Planning meeting and suggested Wednesday's after the second Commissioner meeting in Pahrump.

There was general discussion on setting an additional meeting for planning purposes.

Commissioner Trummell stated Wiley Jung's contract had expired. She stated she thought he had been hired as the Assistant Comptroller.

Mr. Maher stated Mr. Jung was hired to help with the audit Page 5 Date 03/01105

8. COMMISSIONERS'IMANAGER'S COMMENTS

Commissioner Trummell asked if the DA had followed up with the AG's office on her and Commissioner Cox having Saturday workshops.

Mr. Levin stated he had not gotten a formal opinion on the matter but in his opinion he did not see a problem.

Commissioner Eastley asked about a report from Agape.

Mr. Maher stated he was trying to get it.

Commissioner Eastley introduced James Eason the Tonopah Town Manager

Mr. Eason gave a brief history of his background and education.

Commissioner Hollis asked for assistance to send a basket to a friend in Gabbs who was coming home from Iraq.

Mr. Maher stated staff would be attending meetings regarding the mosquito virus.

Commissioner Eastley asked how the mosquito abatement in Beatty was progressing.

Mr. Maher stated he would look into it.

9. CONSENT AGENDA ITEMS

9A. DISCUSSION OF ANY ITEM FROM THE CONSENT AGENDA ITEMS THAT NEEDS REVIEW BEFORE A DECISION IS MADE.

The Board pulled items 9F through J to be discussed individually

9B. APPROVAL OF ELECTED OFFICIAL COLLECT10

Commissioner Eastfey made a motion to approv nt agenda items through E; seconded by Commissioner Cox; 5 yeas.

9C. APPROVAL OF ASSESSOR'S OFFICE CHANGE REQUEST

Commissioner Eastley made a motion to approve consent agenda items 9A through E; seconded by Commissioner Cox; 5 yeas. Page 6 Date 03/01105

9D. APPROVAL OF PERSONNEL ACTIONS

Commissioner Eastley made a motion to approve consent agenda items 9A through E; seconded by Commissioner Cox; 5 yeas.

9F. APPROVAL TO APPLY FOR THE 2005-2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) THROUGH THE NEVADA OFFICE OF CRIMINAL JUSTICE. NYE COUNTY MATCH IS ESTIMATED AT $62,337.00 AND IS BUDGETED.

Commissioner Trummell asked if this request was included in the Sheriff's budget for next year.

Rick Marshall, Nye County Sheriff's Office, stated it was included in their budget.

Sheriff DeMeo stated based on public safety he has asked for an increase in his budget. He reviewed.

Commissioner Trummell stated she was not prepared to vote on the issue. She stated the County needed to figure out first what they were going to do with the budgets.

Mr. Marshall reviewed the process of approval for the grant request.

There was general discussion on adjusting the figures down with the State if needed.

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

Commissioner Eastley asked about the School District's portion of the forfeiture. Page 7 Date 0310 1/05

9F. APPROVAL TO APPLY FOR THE 2005-2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) THROUGH THE NEVADA OFFICE OF CRIMINAL JUSTICE. NYE COUNTY MATCH IS ESTIMATED AT $62,337.00 AND IS BUDGETED-CONT'd.

Sheriff DeMeo stated the forfeiture funds should not have gone to the School District. He stated those funds were allocated for public safety. He stated the School District was not eligible for those funds.

Mr. Marshall stated those funds were ear marked for projects.

There was generai discussion on obligating money.

The motion passed with 5 yeas.

9:30 A.M. DISCUSSION AND POSSIBLE DECISION ON AN APPEAL OF THE ZONING ADMINISTRATOR'S DETERMINATION THAT A ZONE CHANGE APPLICATION MUST BE FILED FOR PROPERTY LOCATED AT 2050 N HIGHWAY 160, LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 160 AND MESQUITE ROAD IN PAHRUMP, WHERE BUILDING CONSTRUCTION WAS JUST COMPLETED FOR A GAS STATION I CONVENIENCE STORE AND POSSIBLE STRIP MALL; AP #27-401-04, TWOTHOUSANDFIFITY HWY 160 LLC - OWNER, SYD MCGILL - PARTNER.

Mr. Williams stated he had noticed roofing materials being put on the building and there had been no activity for 6 months. He reviewed.

Mr. McGill stated he needed to get the property open. He stated it would be some time in April before he could get through the zoning process.

There was general discussion on the initial filing of the CUP

Commissioner Cox reviewed the Zoning Ordinance requirements and how everyone should have to comply.

illiams discussed t e general use category and stated that wh was doing should be fine.

Commissioner Eastley stated Mr. McGill had taken a blight and turned it into a nice area. She stated she did not have a problem with the issue.

There was general discussion on the established ordinance and what could be done to allow Mr. McGill to occupy the property. Page 8 Date 03/01105

9:30 A.M. DISCUSSION AND POSSIBLE DECISION ON AN APPEAL OF -THE

HIGHWAY 460, LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 160 AND MESQUITE ROAD IN PAHRUMP, WHERE BUILDING CONSTRUCTION WAS JUST COMPLETED FOR A GAS STATION I

CONT'd.

There was general discussion on compliance issues and impact studies for that location.

Commissioner Eastley made a motion to deny the appeal and allow Mr. McGill to occupy the premises while going through the review process; seconded by Commissioner Cox.

Commissioner Eastley amended her motion to include that occupancy must be in conformance with the existing rules and regulations for those types of businesses and he would have to submit separate zone reviews for each of the businesses that would occupy the empty space; Commissioner Cox amended her second.

Mrs. Devlin stated her discontent with all of encumbrances the County puts on businesses.

The motion passed with 5 yeas.

Mr. Williams stated he was trying to set up a special meeting with the Planning Commission for March 23,2005 to hear Mr. McGee's issues as well as some others. Page 9 Date 03/01105

9G. APPROVAL TO APPLY FOR THE 2005 USFA ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM, MAXIMUM GRANT AWARD PER DEPARTMENT IS $10,000.00 AND USDOl RURAL FIRE ASSISTANCE FUNDING PROGRAM, MAXIMUM AWARD PER DEPARTMENT IS $20,000. A 10% MATCH IS REQUlRED BY NYE COUNTY AND IS BUDGETED.

Mr. Maher discussed the possibility of using inkind services but can come up with other funds id needed.

Commissioner Eastley stated she had concerns regarding the County not being able to come up with the cash if in kind services were not acceptable.

Commissioner Trummell stated she had concerns because of the budget issues.

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

9H. APPROVAL TO RENEW CONTRACT WITH ONEDEO NALCO TO PROVIDE SERVICES, CHEMICALS INCIDENTAL TO SUCH SERVICES, AND MAINTAIN NYE COUNTY'S CLOSED LOOP FOR THE HVAC SYSTEMS IN TONOPAH AND PAHRUMP. THE TOTAL EXPENDITURE IS $9,400.60 AND IS BUDGETED.

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

Sally Devlin, Pahrump citizen, stated she did not know what an HVAC system was.

Mr.Maher explained the system.

Ms. Devlin stated the backup needed to be available 3 days prior to the meeting.

Mr. Levin stated the County was in compliance.

The motion passed with 5 yeas. Page 10 Date 03101 105

91. APPROVAL TO RENEW AGREEMENT WITH NEVADA HEALTH CARE

-CENTER, INC. (NVHC) FOR THE PROVISION OF PRIMARY CARE SERVICES IN AMARGOSA VALLEY AND BEATTY CLINICS FOR JULY 1,2005

Mr. Petell commented on the need for Amargosa and Beatty clinics. He discussed his concerns with PMC not being open.

Commissioner Eastley stated the Board had demonstrated its commitment to the people of Pahrump and their families in terms of trying to obtain medical care for them during those criticai hours. She discussed their efforts.

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

Commissioner Carver stated she agreed with Commissioner Eastley.

Commissioner Trummell stated there was no fault with the County regarding the contract with KARE. She reviewed.

The motion passed with 5 yeas.

9J. APPROVAL TO APPLY FOR THE EMERGENCY RESPONSE COMMISSION GRANT (SERC) FOR THE FISCAL YEAR 2006. THERE IS NO EATCH REQUIRED FROM NYE COUNTY.

Mrs. Devlin, Pahrump resident, stated the amount was $49,000.00 and there was no back up and she wanted to know where the money was going.

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

10. ASSESSOR

This item was removed

288.220(1-4) FOR PURPOSES OF CONFERRING WITH THE COUNTY'S MANAGEMENT REPRESENTATIVES REGARDING LABOR NEGOTIATIONS, ISSUES AND OTHER PERSONNEL MATTERS.

This item was removed. Page 11 Date 03101105

IIB. 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.

This item was removed

13. DISTRICT ATTORNEY

This item was removed.

14. RECORDER

This item was removed

15. SHERIFF

This item was removed,

10:OO A.M. PUBLIC HEARING ON NYE COUNTY BILL NO. 2005-04: A BILL PROPOSING TO AMEND NYE COUNTY ORDINANCE NO. 289, THE DUST REGULATIONS WITHIN THE PAHRUMP REGIONAL PLANNING DISTRICT,

Butch Borasky, Pahrump resident, stated the County needed to do its own monitoring. He did not see where there was a dust problem.

Maryellen Giampaoli discussed the public appeal process.

Commissioner Cox requested information on the air improvement in the Pahrump Valley.

Mr. Petell stated he approved of the appeal process and how there were dust problems in the west section of the valley. Page 12 Date 03/01105

Commissioner Eastley made a motion to approve the amendment to Bill #2005- 04; seconded by Commissioner Cox; 5 yeas.

Commissioner Eastley stated it would have an effective date of 3/21/05.

20. BUDGET

20B. DISCUSSION AND POSSIBLE DECISION TO SET A PUBLIC HEARING ON RESOLUTION #2005-07 DIRECTING THE AUGMENTATION OF THE COUNTY GENERAL FUND BUDGET FOR FY 2004-05.

Charlie Rodewald, Budget Director, reviewed the augmentations. He stated in August the Board had approved the augmentation of $3 million in PETT money and this was only to formalize that action taken.

There was general discussion on the negative audit report regarding augmenting the budget with PETT funds.

Commissioner Trummell asked about including an alternative loan process in the Resolution.

Mr. Rodewald explained the medium term financing process. He also stated the alternative would be to revise the Nye County code to authorize the use of PETT funds for this type of activity.

Commissioner Cox stated for the record she did not approve of using PETT money to augment the budget. She reviewed.

Mr. Rodewald stated the only way to reduce expenditures was to do a reduction in the work fore . He stated in ugust the Board chose not to take that road.

There was general discussion on the alternatives that were discussed in August

Commissioner Trummell stated she would prefer to go through the process for medium term financing and do a loan to the general fund. Page 13 Date 03/01/O5

20B. DISCUSSION AND POSSIBLE DECISION TO SET A PUBLIC HEARING ON RESOLUTION #2005-07 DIRECTING THE AUGMENTATION OF THE COUNTY GENERAL FUND BUDGET FOR FY 2004-05-CONT'd.

There was general discussion on the publication process and requirements for augmenting the budget.

Mr. Rodewald reviewed the need to clean up the budget before the end of the fiscal year.

Commissioner Trummell stated Mr. Rodewald and Mr. Maher had known about the problem with the budget from Dan McArthur weil before the present meeting

Commissioner Hollis asked about the two different figures on funds needed. He stated at the audit report meeting it was $4.4 million and now the figure was $ 3.4 million.

Mr. Rodewald stated the approved budget sent to the State in May was only to meet the requirement of submitting a budget. He stated $ 1.4 million of this was approved in the final budget and the Board augmented with $ 3 million dollars and that was what the augmentation was for.

Commissioner Hollis stated he was not going to vote in the affirmative on the request because it violated the PETT fund ordinance. He suggested amending the Ordinance or go through the loan process.

There was general discussion on the substance of the resolution.

Mr. Rodewald stated the Resolution would have to be reworded if the choice was medium term financing. He reviewed.

Commissioner Eastley made a motion to a set a public hearing for the meeting in Amargosa Valley on March 15, 2005 on Resolution # 2005-07 directing the augmentation of the County General Fund budget for fiscal year 2004-05 at 11:OO a.m.

Mr. Rodewald reviewed what would have to take place to secure the loan.

Commissioner Eastley discussed the reprimands to the County from Dan McArthur.

Commissioner Cox suggested doing the process correctly and letting everyone know the Board was serious about balancing the budget. Page 14 Date 03101105

20B. DISCUSSION AND POSSIBLE DECISION TO SET A PUBLIC HEARING ON RESOLUTION #2005-07 DIRECTING THE AUGMENTATION OF THE COUNTY GENERAL FUND BUDGET FOR FY 2004-05-CONT'd.

Mr. Rodewald stated if the Board chose not to approve the item the Board would have to save $ 3 million dollars in the budget and lay off 250 employees. He stated if the State did not approve the medium term financing proposal and the Board does not approve the augmentation then the County would have to shut down.

There was general discussion regarding the PETT Ordinance and the requirements for spending the funds.

Commissioner Trummell discussed what Mr. Rodewald should have pointed out to the Board as the Budget Director.

Commissioner Hollis stated amendments needed to be made to the PETT Ordinance to allow the Board to do what was needed or they would have to make hard decisions.

Commissioner Carver seconded the motion to set the public hearing on March 15th.

The motion passed with 3 yeas. Commissioner Trummell and Cox voted no.

Commissioner Eastley explained what the approved item would do. She explained the reprimand and options that were laid out by Dan McArthur.

There was general discussion on the action taken to hold the public hearing.

Mr. Xodewaid stated the Board did not have to take the present action. He stated they could go forward with the process for medium term financing and act on the issue by June 30, 2005.

Commissioner Eastley made a motion to reconsider the previous motion; seconded by Commissioner Carver; 5 yeas.

The original motion was restated to set a public hearing and al! Commissioners voted no.

There was no action taken. Page 15 Date 03/01105

IIG. SET LOCATION OF THE SECOND MEETINGS OF THE BOARD OF COMMISSIONERS FOR APRIL, MAY, & JUNE.

Commissioner Eastley made a motion to hold the meetings in Pahrump; seconded by Commissioner Cox; 5 yeas.

II H. DISCUSSION AND POSSIBLE DECISION REGARDING FINALIZING

ATTORNEY'S AT LAW.

Commissioner Eastley made a motion accept the memorandum for deliberation dated February 7, 2005 subject to fiscal year 2006 legislative agenda from Rick Spees and Jane Sergeant; seconded by Commissioner Cox; 5 yeas.

The Board decided to revisit this item later in the meeting.

II I. DISCUSSION AND POSSIBLE DECISION REGARDING FINALIZING AND PRIORITIZING THE PROJECTS FOR THE RUSS REID COMPANY.

Commissioner Trummell reviewed the projects to be considered. Nye County Fair Grounds, Sewer District, Weed Abatement, Landfill, Beatty Habitat Committee projects, Historic Grants for Tonopah, Nye Regional Medical Center- Tonopah-low level waste, Smoky Valley Rodeo Association covered events center and expanding the Science and Technology Corridor.

Commissioner Trummell discussed the issue of some of the requests competing with one another for funding.

Mr. Petell asked for a monthly report on what the County lobbyist were doing.

Commissioner Trummell stated there had been past discussion on the lobbyist activities and the information could be found in past BOCC minutes.

Commissioner Eastley made a motion to set the priorities for the Russ Reid Company for the coming session as the radio communication system (SNACC), ye County fairgroun in Tonopah specifically for services related to responding to emergencies with the transport of low level nuclear waste through the area and in the following order of priority, finish funding for the Nye County fairgrounds, radio communication system and Nye Regional Medical Center for emergency low level waste response; seconded by Commissioner Carver. Page 16 Page 03/01/05

II I. DISCUSSION AND POSSIBLE DECISION REGARDING FINALIZING AND PRIORITIZING THE PROJECTS FOR THE RUSS REID COMPANY-CONTSd.

There was general discussion on the other projects pending and competing issues.

Commissioner Cox suggested considering the GIs system.

There was general discussion on what projects had completed plans available so they could be considered.

Commissioner Eastiey stated the Nye Regional request was an Ilth hour request. She reviewed.

Sandra Merlino, Nye County Clerk, stated the GIs system would work well with the new statewide election system.

The Board discussed how important the communication and GIs systems were to all departments and the County to improve services.

Commissioner Eastley amended her motion to make the fairgrounds #I, radio communications #2, GIs #3 and the Nye Regional Medical Center #4; Commissioner Carver amended her second; 5 yeas.

1O:5O a.m. Ron Kent now present.

11 :00 A.M. PUBLIC HEARING ON RESOLUTION 2005-05 AUTHORIZING THE COUNTY TO OBTAIN UP TO $6,000,000 IN MEDIUM-TERM FINANCING.

Mr. Petell asked what the use, benefits and cost to the taxpayer would be ie; safety, health and welfare.

Commissioner Trummell stated the amount was $ 6 million dollars, $ 5 million dollars was for the Calvada Eye and $ 1 miltion for water rights to the fairgrounds.

Commissioner Cox asked what the guarantee would be for the County to repay the loan.

Mr. Rodewald stated they would be assuming that the PETT funds would continue for the next 10 years. Page 17 Date 03/01105

11:OO A.M. PUBLIC HEARING ON RESOLUTION 2005-05 AUTHORIZING THE COUNTY TO OBTAIN UP TO $6,000,000 IN MEDIUM-TERM FINANCING-

Commissioner Trummell suggested selling the Calvada Eye to pay the loan if needed.

Commissioner Cox asked if the County had a Capital Improvement Plan

Mr. Rodewald stated the County had a plan but it was not detailed. He reviewed.

Commissioner Cox stated the County needed a plan and cost estimate as to what they were going to do with the Calvada Eye.

Mr. Rodewald stated the initial thought on the Calvada Eye was to take down the building and put up one building to satisfy a particular set of needs. He reviewed.

There was general discussion on the planning process, intended use and water issues for the Calvada Eye.

Mr. Rodewald stated the County did not have to draw down the total amount of the loan. He discussed the options.

Marty Johnson, Johnson Consulting Group, stated the County would only be paying interest on the money withdrawn.

Commissioner Trummell referred to section 7 regarding "taking all action necessary or appropriate to effectuate the provisions of this resolution" and suggested adding in " take all action allowable under federal, state and local laws".

Mr. Levin stated he did not have a problem with that.

Commissioner Eastley made a motion to approve esolution #2005-05 authorizing the County to obtain up to $ 6 Million dollars in medium t financing with the change that was noted in section 7 and approved seconded by Commissioner Cox; 5 yeas. Page 18 Date 03/01/05

Commissioner Trummell stated one of the projects being worked on was correcting the oversight language for the current fiscal year; appropriation requests, Nye County lands bill, town site trespass legislation and other issues. She reviewed.

There was general discussion on the projects and funding levels.

Commissioner Cox asked about the request through Public Works for the lobbyist to go after $ 7 million dollars.

Commissioner Trummell explained the Russ Reid Company would be handling that request. She stated the Board would have to determine where it fell on their priority list.

Commissioner Cox asked that the lobbyist look into the problem of the Ed Sharp land issue involving the BLM. She reviewed.

Commissioner Trummell reviewed item #2 of the memo. She discussed the section of the nuclear waste policy act 117D regarding having an on sight representative and funding that position. She reviewed her recommendations.

The Board discussed the priorities.

Commissioner Trummell suggested communications be #I (because of the readiness of the project) and #2 water issues.

There was general discussion on the Amargosa Valley Science and Technology Park versus the Beatty Habitat Project.

Commissioner Eastley stated the Beatty Habitat Project had national recognition. She reviewed the progress and funding received thus far on it.

There was general discussion on the order of projects and priority.

Mr. Petell, Chairman, Public Lands Advisory Board, stated he would like to be advised on the Nye County Lands Bill. He stated there were no priorities on #5.

Commissioner Trummell explained the process on those bills and how the County lobbyists handle the issues. Page 19 Date 03/01105

II H. DISCUSSION AND POSSIBLE DECISION REGARDING FINALIZING AND PRIORITIZING THE PROJECTS FOR AKERMAN SENTERFITT, ATTORNEY'S AT LAW-CONT'd.

Mr. Petell reviewed his involvement with the Sharps and their land issue with the BLM.

Commissioner Eastley made a motion to approve the legislation agenda that included the over site language correction for fiscal year 2005, Nye County lands bill trespass legislation, the extension of public law 106-113, preservation of the historic Tonopah courthouse, Beatty Bullfrog mine and prioritizing the appropriations request to the following: (#I)$ 6 Million dollars for the Nye County communication system, (#2) for the Beatty habitat project, (#3) $2 Million dollars for the Nye County ground water evaluation study and (#4) an increase in over site funding from the proposed $ 7 Million dollars to $ 8 Million dollars; seconded by Commissioner Cox; 5 yeas.

166. DISCUSSION, POSSIBLE DECISION AND POSSIBLE ADOPTION OF RESOLUTION #2005-09 AUTHORIZING THE ESTABLISHMENT OF AN ESCROW BANK ACCOUNT FOR THE SOLE PURPOSE OF PAYING EQUIPMENT ITEMS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR PURCHASE WITH FUNDS OBTAINED FROM TWO MEDIUM-TERM FINANCING CONTRACTS WITH KOCH FINANCIAL CORPORATION,

Mr. Rodewald reviewed. He stated this was a function of the Treasurer's office.

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

17. JUSTICE($) OF THE PEACE

This item was removed.

18. DISTRICT COURT

This item was removed.

19. JUVENILE PROBATION

This item was removed. Page 20 Date 03101105

20. BUDGET

20A. BUDGET UPDATE

Mr. Rodewald reviewed the revenue projections. He stated there was a $ 29 Million dollar budget, which included the $ 3 Million dollar augmentation. He stated the projections for revenue were approximately $ 1 Million dollars less than that. He discussed the level of expenditures for the County in comparison. He stated the tax sale should help the County out but not for the current year.

Commissioner Cox stated the County was $ 1.6 Million dollars short even with the augmentation.

Mr. Maher asked that the year be clarified on budgets.

Mr. Rodewald stated he was talking about next year's 2005-2006 budget. He stated $ 600,000.00 of the $ 1.6 Million was for salary increases. He stated a $ 1.6 Million needed to be cut from the current year's spending level.

Mr. Rodewald stated he was trying to schedule a PETT budget meeting for March 16, 2005.

Mr. Maher clarified the difference between the current budget year and the shortfall for the following year.

Mr. Rodewald stated there could be no additions to the budgets.

Mr. Maher stated if the County could conserve over the next 4 months it might be possible to balance the budget.

Mr. Rodewald discussed how conserved funds would carry over into the next years beginning fund balance. He stated one of the requirements he was suppose to try and meet was having a 4% ending fund balance. He reviewed.

Commissioner Trummell suggested some type of an incentive program for conserving money. She reviewed.

Commissioner Eastley suggested an amnesty program for employees who report waste or abuse of County funds. Page 21 Date 03/01105

20A. BUDGET UPDATE -CONTYd

Commissioner Cox stated that would fall under the "Whistle Blowers Act". She suggested a "Good Idea Program."

Mr. Maher stated the County would be expanding that program.

22. EMERGENCY SERVICES

22A. EMERGENCY SERVICES UPDATE

This item was removed.

23. GENERAL SERVICES

This item was removed

24. HEALTH & HUMAN SERVICES

This item was removed.

25. MANAGEMENT INFORMATION SYSTEMS

This item was removed.

26. NATURAL RESOURCES AND FEDERAL FACILITIES

This item was removed.

1:30 P.M. DISCUSSION AND POSSIBLE DECISION ON ADOPTION OF NYE COUNTY RESOLUTION NO. 2005-10, A RESOLUTION ESTABLISHING A MORATORIUM ON CERTAIN LAND USE ACTIVITIES AND DEVELOPMENTS WITHIN THE PAHRUMP REGIONAL PLANNING DISTRICT THAT WOULD NTlALLY OR ACTUALLY CREATE A DENSI-PT GREATER THANTHAT ALLOWED IN VILLAGE RESIDENTIAL 20 ZONES, IN ORDER TO COMPLETE

MANAGEMENT ORDINANCE.

Commissioner Cox recused herself from the item because her business might be affected by the action taken. Page 22 Date 03/01/05

Bob Swadell, Pahrump resident, stated he was opposed to a moratorium and that moratoriums never accomplished anything.

Harley Kulkin, Pahrump resident, stated he was opposed to a moratorium.

Carrick Bat Masterson, Pahrump businessman, stated he was opposed to the moratorium and asked the Board to consider the amount of people that make a living on growth. He discussed a study that had been done by Clark County.

Sheldon Bass, Pahrump resident, stated he was not going on the record for or against the moratorium. He cautioned the Board on going forward with it.

Gidget Graham, Concordia Homes, stated there was a large need for improvements with roads, medical services etc. She stated the County was putting the developers on the defense and the Resolution was saying they don't want them here. She stated developers could only sell homes to people who have schools, roads, etc. She stated it was in the best interest of the community to make the developers part of a team.

Bill Goff; Anchor Development, commended the Commission and the prior Commission for their efforts on the master plan and zoning. He discussed the severe deficits the County was experiencing and the amount of work that needed to be done. He stated the County needed to grow out of it. He stated the moratorium would be disruptive to the economic engineer of Nye County. He also stated the land was grossly under assessed. He stated people could reason together without shutting down development. He stated he was opposed to a moratorium.

Bob Gronauer, Nevada law firm, stated his firm was representing several developers, property owners and applicants. He stated he was disappointed in how fast the resoiution had come before the Board. He asked that the deny the Resolution. He stated development would help with the infrastructure that was needed. He stated he was willing to sit down at the table with the County. He discussed the need for more clarification on the resolution itself.

Larry Hughes, Pahrump resident, stated he endorsed what had already been said. Page 23 Date 03/01105

1:30 P.M. DISCUSSION AND POSSIBLE DECISION ON ADOPTION OF NYE COUNTY RESOLUTION NO. 2005-10, A RESOLU"T0N ESTABLISHING A MORATORIUM ON CERTAIN LAND USE ACTIVITIES AND DEVELOPMENTS WITHIN THE PAHRUMP REGIONAL PLANNING DISTRICT-CONT'd

Mindy Wadkins, representing William Wright landowner, stated Mr. Gronauer had covered everything. She stated the moratorium would hurt the County. She stated the cooperative developers would not be so cooperative if the Resolution were to pass. She stated the Board needed to look at the future of the community. She discussed what Clark County had done on the collection of fees. She suggested implementing public facility assessment plans.

Bret Wagner, Delmar Development, stated he also agreed with Mr. Gronauer

Ron Boskovich, Delmar Development, stated he was against a moratorium. He stated from a personal standpoint there were better ways to go about this.

Craig Newman, RDSW Asset Holdings, stated his client (Sam Woods) had built over a 150 homes in the area and had contributed to the community since 1997. He stated the moratorium would cause a severe hardship on his family.

Butch Borasky, Pahrump resident, stated he was opposed to the moratorium and asked that the Board not pass the resolution. He suggested looking at the City of Henderson and what they had done in their evaluation period.

Walt Kuver, Pahrump resident, stated the Board's responsibility was to protect the community not the developers. He stated the community had not been informed as to what was being negotiated with the developers. He stated it made sense to slow down growth. He suggested developers having public workshops.

Mr. Petell, Pahrump resident, stated the developers realize what the County's financial issues are. He discussed the growth issues in the Pahrump area and how residential growth did not pay for infrastructure.

ut the item on the a endaandkad been concerned about the issue for a long time. She stated there were density and water issues. She discussed how grovvth had hurt the County financially and the economic stability. She stated she would like to hear alternative solutions if the Board was not going to vote in favor of the resolution. Page 24 Date 03/01/05

Commissioner Eastley stated she had concerns also. She stated she felt like Butch Boroasky on some of the issues. She stated there was not enough water and the basin was grossly over appropriated. She stated on the other hand there was a great opportunity to grow their way out of it. She stated she did not want another Las Vegas. She stated she liked Commissioner Cox's idea regarding smart growth management. She stated she did not support moratoriums.

Commissioner Hollis stated he had not supported moratoriums in the past. He stated developers needed to bring forward realistic development agreements.

Commissioner Eastley stated there would be a tremendous impact on the people in Pahrump as well as the people who are going to live in Pahrump.

Commissioner Carver stated she wanted to see Pahrump grow responsibly. She stated water was a problem. She stated a moratorium would put a stop to generating revenue. She also stated the Pahrump area was grossly under assessed. She stated the County needed to take positive steps to assure that the community was getting what they needed from developers.

Commissioner Trummell commented on the success of moratoriums. She stated developers should not be telling the County what they need. She discussed her concerns with water issues and how the lack of water in Pahrump could effect northern Nye County communities because that would be where it would have to come from.

Commissioner Hollis made a motion to deny Resolution #2005-I 0; seconded by Commissioner Eastley; 3 yeas. Commissioner Trummell voted no and Commissioner Cox abstained. Page 25 Date 03/01105

2:00 P.M. PUBLIC HEARING AND POSSIBLE ACTION ON THE FOLLOWING ZONE CHANGE AND RELATED PLANNING AND ZONING APPLICATIONS:

A. AZ-P-04-0044: (CONFORMING) ZONE CHANGE APPLICATION OF APPROXIMATELY 7,500 SQUARE FEET NET FROM THE OPEN USE (OU) DISTRICT TO MIXED USE COMMERCIAL FOR PROPERTY MASTER PLANNED AS MIXED USE; 1760 E. CALVADA BOULEVARD; SITUATED ON THE NORTH SIDE OF CALV DA BOULEVARD APPROXIMATELY 150 FEET WEST OF DANDELION STREET; AMR A. HILAL AND MONA M. EL- DARDIRY-OWNERSIAPPLICANTS; AP# 38-784-03.

Cheryl Beeman, Nye County Planning, reviewed her staff report and stated the staff recommendation was for approval. She stated there had been no public comment on the mater. She reviewed the parking issues with the property.

Ron Williams stated there was a cross over with items A and B. He stated the staff report did not match the agenda.

Commissioner Eastley made a motion to approve the zone change based on the findings in the staff report and subject to the standard and special conditions of approval except for condition number 13 as the adequate public facilities had not yet been adopted; seconded by Commissioner Cox; 5 yeas.

6.ZONE CHANGE AND RELATED CONDITIONAL USE PERMIT AND WAIVER APPLICATIONS:

Planning staff recommended considering the items under B be handled all together.

I.ZC-P-04-0045: (CONFORMING) ZONE CHANGE APPLICATION OF APPROXIMATELY 11,325 SQUARE FEET FROM THE OPEN USE (OU) DISTRICT TO LIGHT INDUSTRIAL FOR PROPERTY MASTER PLANNED AS LIGHT INDUSTRIAL; 431 S. FRONTAGE ROAD; SITUATED ON THE EAST SIDE OF HIGH Y 160 APPROXIMATELY 100-FEET NO OXBOW AVENUE INTERSECTION. IF APPROVED WOULD ALLOW FOR

SULOCHANA D. BROWN, OWNER IAPPLICANT; AP# 38-234-02 Page 26 Date 03/01/05

APPROXIMATELY11,325 SQUARE FEET FROM 1

Commissioner Eastley made a motion to approve the zone change based on the findings in the staff report and subject to the conditions of approval with the exception of special condition #I2 is the adequate public facilities plan had not been adopted and approve the conditional use permit based on the findings in the staff report and subject to the standards and special conditions of approval and approve the waiver based on the findings in the staff report and subject to the standard and special conditions of approval; seconded by Commissioner Cox; 5 yeas.

2. CU-P-04-0017: CONDITIONAL USE PERMIT APPLICATION FOR THE DEVELOPMENT OF AUTOMOTIVE SERVICE FACILITY WITHIN THE LIGHT INDUSTRIAL DISTRICT ON PROPERTY MASTER PLANNED AS LIGHT INDUSTRIAL, 431 S. FRONTAGE ROAD; SULOCHANA D. BROWN, OWNER IAPPLICANT; AP# 38-234-02

Commissioner Eastley made a motion to approve the zone change based on the findings in the staff report and subject to the conditions of approval with the exception of special condition #I2 the adequate public facilities plan had not been adopted and approve the conditional use permit based on the findings in the staff report and subject to the standards and special conditions of approval and approve the waiver based on the findings in the staff report and subject to the standard and special conditions of approval; seconded by Commissioner Cox; 5 yeas.

3. WV-P-04-0011: ZONING WAIVER APPLICATION FROM THE REQUIRED SIDE BUILDING SETBACK OF 20 FEET-WHEN ADJACENT TO RESIDENTIAL OR COMMERCIAL USES-WHERE THE MINIMUM SIDE BUILDING SETBACK IS TEN FEET WHEN ADJACENT TO OTHER LIGHT INDUSTRIAL US S ON PROPERTY MASTER PLANNED AS LlGHT INDUSTRIAL; SULOCHANA D. BROWN, OWNER I APPLICANT; AP# 38-234-

Commissioner Eastley made a motion to approve the zone change based on the findings in the staff report and subject to the conditions of approval with the exception of special condition #I2 in the adequate public facilities plan had not been adopted and approve the conditional use permit based on the findings in the staff report and subject to the standards and special conditions of approval Page 27 Date 03101105

3. W-P-04-001I: ZONING WAIVER APPLICATION FROM THE REQUIRED SIDE BUILDING SETBACK OF 20 FEET-WHEN ADJACENT RESIDENTIAL OR COMMERCIAL USES-WHERE THE MINIMUM SIDE BUILDING SETBACK IS TEN FEET WHEN ADJACENT TO OTHER LIGHT INDUSTRIAL USES ON PROPERTY MASTER PLANNED AS LIGHT INDUSTRIAL; SULOCHANA D. BROWN, OWNER IAPPLICANT; AP# 38-234- and approve the waiver based on the findings in the staff report and subject to the standard and special conditions of approval; seconded by Commissioner Cox; 5 yeas.

C. ZC-P-04-0048: (NON-CONFORMING) ZONE CHANGE APPLICATION OF APPROXIMATELY 15,000 SQUARE FEET OF PROPERTY FROM THE OPEN USE DISTRCIT TO GENERAL COMMERCIAL FOR PROPERTY MASTER

Ms. Beeman stated there was a modification to items C, D and E. She stated the applicant filed master plan amendments and asked that the zone changes tag along as a companion applicant to the master plan amendments.

Commissioner Eastley made a motion to approve accepting the additional documentation from the HSLV Development Corporation dated February 8, 2005 to the Nye County Planning Department; seconded by Commissioner Cox; 5 yeas.

Ms. Beeman recommended the Board continue the item to date and time served. She stated the master plan amendments were scheduled for May 3, 2005.

Commissioner Eastley made a motion to continue these matters (C, D, and E) until May 3, 2005; seconded by Commissioner Cox; 5 yeas. Page 28 Date 03/01105

D. ZC-P-04-0049: (NON-CONFORMING) ZONE CHANGE APPLICATION OF APPROXIMATELY 15,000 SQUARE FEET OF PROPERTY FROM THE OPEN USE DISTRICT TO GENERAL COMMERCIAL FOR PROPERTY MASTER PLANNED AS MULTI-FAMILY RESIDENTIAL; 721 S. RAINDANCE DRIVE, SITUATED ON S. RAINDANCE DRIVE BEWEEN EAST STREET AND NEVADA STATE HWY 372, HSLV DEVELOPMENT CORP. - PROPERTY OWNER, CIVILWISE SERVICES - APPLICANT; AP# 38-251-16

Commissioner Eastley made a motion to continue these matters (C, D and E) until May 3,2005; seconded by Commissioner Cox; 5 yeas.

E. ZC-P-04-0050: QNON-CONFORMING)ZONE CHANGE APPLlCATlON OF APPROXIMATELY 16,250 SQUARE FEET OF PROPERTY FROM THE OPEN USE DISTRICT TO GENERAL COMMERCIAL FOR PROPERTY MASTER PLANNED AS MULTI-FAMILY RESIDENTIAL; 591 S. RAINDANCE DRIVE, SITUATED ON S. RAINDANCE DRIVE BETWEEN EAST STREET AND NEVADA STATE HWY 372. HSLC DEVELOPMENT CORP. - PROPERTY OWNER, CIVILWISE SERVICES - APPLICANT; AP# 38-251-04

Commissioner Eastley made a motion to continue these matters (C, D, and E) until May 3,2005; seconded by Commissioner Cox; 5 yeas.

F. ZONE CHANGE APPLICATION AND RELATED TENTATIVE AND FINAL LARGE PARCELS MAPS APPLICATIONS:

Commissioner Eastley stated the item was D-1 in the back up but on the agenda it was F-1.

Planning staff requested items FA, 2, & 3 be heard together.

1.ZC-P-04-0046: (CONFORMING) ZONE CHANGE APPLICATION OF

SETTLEMYER - APPLICANT, AP# 27-611-09

Commissioner Eastley made a motion to approve the zone change, tentative large parcel map and the final large parcel map based on the findings in the staff report and subject to the standard and special conditions of approval; seconded by Commissioner Cox; 5 yeas. Page 29 Date 03/01/05

2. TL-P-04-0001: TENTATIVE LARGE PARCELS MAP APPLICATION COMPRISED OF THREE PARCELS RANGING IN SIZ FWXM 43-ACRES TO 46.7 ACRES, ON PROPERTY LOCATED AT 3561 WEST MOAPA STREET, SITUATED SOUTH OF HWY 372 AT THE VON SCHMIDT LINE TOWNSHIP 20 SOUTH, RANGE 52 EAST SECTION 36, JOSEPH ARGIER - PROPERTY OWNER, STEPHEN SETTLEMYER - APPLICANT, AP# 27-611-09

3. FL-P-04-0001: FINAL LARGE PARCELS MAP APPLICATION COMPRISED OF THREE PARCELS RANGING IN SIZE FROM 43-ACRES TO 46.7 ACRES, ON PROPERTY LOCATED AT 3561 WEST MOAPA STREET, SITUATED SOUTH OF HWY 372 AT THE VON SCHMIDT LINE TOWNSHIP 20 SOUTH, RANGE 52 EAST SECTION 36, JOSEPH ARGIER-PROPERTY OWNER, STEPHEN SETTLEMYER-APPLICANT, AP #27-611-09.

G. ZONE CHANGE APPLICATION AND RELATED TENTATIVE AND FINAL LARGE PARCELS MAPS APPLICATIONS:

1.ZC-P-04-0047: (CONFORMING) ZONE CHANGE APPLICATION OF APPROXIMATELY 319.89 -ACRES FROM THE OPEN USE (OU) DISTRICT TO RURAL HOMESTEAD (RH-5) FOR PROPERTY MASTER PLANNED AS RURAL RESIDENTIAL; ON PROPERTY LOCATED AT 7501 NORTH BLACKROCK AVENUE, SITUATED NORTH OF PARQUE AVENUE BETWEEN BLACKROCK AVENUE AND ROB ROY STREET, JOHN D.

APPLICANT, AP #27-201-01

Commissioner Eastley made a motion to approve zone change application #ZC- P-04-0047 and fated tentative large parcels map and final large parcels map based on the findings in the staff report and subject to the standard and special conditions of approval; seconded by Commission Cox; 5 yeas. Page 30 Date 03101105

2. TL-P-04-0002: TENTATIVE LARGE PARCELS MAP APPLICATION COMPRISED OF EIGHT PARCELS RANGING IN SIZE FROM 38.8-ACRES 42-ACRES, ON PROPERTY LOCATED AT 7501 NORTH BLACKROCK AVENUE, SITUATED NORTH OF PARQUE AVENUE BETWEEN BLACKROCK AVENUE AND ROB ROY STREET. JOHN D. GAUGHAN & EXBER INC.- PROPERTY OWNERS, PV INVESTORS LLC - APPLICANT,

Commissioner Eastley made a motion to approve zone change application #ZC- P-04-0047 and related tentative large parcels map and final large parcels map based on the findings in the staff report and subject to the standard and special conditions of approval; seconded by Commissioner Cox; 5 yeas.

3. FL-P-04-0002: FINAL LARGE PARCELS MAP APPLICATION COMPRISED OF EIGHT PARCELS RANGING IN SIZE FROM 38.8-ACRES TO 42-ACRES, ON PROPERN LOCATED AT 7501 NORTH BLACKROCK AVENUE, SITUATED NORTH OF PARQUE AVENUE BETWEEN BLACKROCK AVENUE AND ROB ROY STREET. JOHN D. GAUGHAN & EXBER INC - PROPERTY OWNERS, PV INVESTORS LLC - APPLICANT, AP# 27-201-01

28. PLANNING

28A. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD EXTEND THE EXPIRATION DATE RELATED TO THE OASIS AT SHANGRI-LA SUBDIVISION IMPROVEMENT AGREEMENT (SIAL

LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ~0~~~372 BETWEEN WOODCHIPS STREET AND LESLIE STREET; FORUM GROUP LTD IJERRY WANG - DEVELOPER

issioner Eastley asked if the authority w s ever researched on extendin an expired subdivision improvement agreement.

Mr. Kent stated the Board had the discretion to reinstate and extend the expiration date. Page 31 Date 03101 105

28A. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD EXTEND THE EXPIRATION DATE RELATED TO THE OASIS AT SHANGRI-LA SUBDIVISION IMPROVEMENT AGREEMENT (SIA); OR DIRECTION TO STAFF REGARDING TERMINATION OF THE SIA; LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ROUTE 372 BETWEEN WOODCHIPS STREET AND LESLIE STREET; FORUM GROUP LTD IJERRY WANG - DEVELOPER

Mr. Williams stated staff had concerns and would like to see a cumulative conceptual design for the entire development to base a solid traffic study on. He stated the size of the development was estimated at $ 3,000,000,000.00and to be carried out in different phases. He stated Public Works and Planning has concerns as to what could happen down the road to the County's transportation system in that area.

Mr. Williams stated at a minimum he would request that Mr. Wang agree to a do a conceptual plan for the property to help with a traffic study.

Commissioner Trummell confirmed that Mr. Yao was asking that Mr. Wang and the Forum Group pay for Nye County to hire a consultant to do the traffic studies and hire an engineer to complete the study.

Mr. Williams stated the current set fee for traffic studies was $250.00 and that was unreasonable.

Neil Tomlinson, Representing the Forum Group, discussed the correspondence he had with the District Attorney's office. He stated there was a secondary argument also that everyone involved with this agreement continued working on it as though it had not expired.

Mr. Williams stated the only right the developer had at the present time was to build a water and sewer system. He recommended that if the applicant was willing to provide the traffic analysis and traffic study that the Board grant a one- year extension to the improvement agreement and to have the traffic study submifted within six months.

Commissioner Cox asked if they were in compliance with Nye County ordinances and the master plan.

Mr. Williams stated with any future proposed development they would have to comply. He stated there was no development currently proposed. Page 32 Date 03/01/05

Commissioner Trummell discussed her concerns with having a sufficient amount of collateral from the developer.

Mr. Williams discussed the development of the roads and the county standards for road construction.

There was general discussion on Leslie Street not being completed to standards.

Mr. Tomlinson stated a traffic study was already done with NDOT and Mr. Wang was not opposed to doing another one for phase I. He stated it did not make sense to another one for the entire project.

Mr. Williams stated NDOT's traffic study was different than Nye County's traffic study. He reviewed.

Mr. Wang explained the developments master plan and how situations could change with it. He reviewed how they determine to move to another phase.

Commissioner Cox stated the area had changed since their 1998 traffic study was done and the County needed an updated study.

There was general discussion on presenting a complete conceptual plan.

Mr. Tomlinson stated Mr. Wang had no objection to giving the full conceptual design with the understanding it was tentative. He also discussed his concerns with the County only granting a one-year extension. He stated the preliminary requirement would take four to six months. He stated one year was not going to be enough -to corn

Mr. Williams discussed what progress would have to take place before the one- year extension expired.

Commissioner Eastley asked about the agreement with Mr. Wang on the required full-width paved road on Woodchips and the one-half paved road along Schifrin Street and why they were only graveled. Page 33 Date 03101 105

28A. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD EXTEND THE EXPIRATION DATE RELATED TO THE OASIS AT SHANGRI-LA SUBDIVISION IMPROVEMENT AGREEMENT (SIA); OR DIRECTION TO STAFF REGARDING TERMINATION OF THE SIA; LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ROUTE 372 BETWEEN WOODCHIPS STREET AND LESLIE STREET; FORUM GROUP LTD I JERRY WANG - DEVELOPER-CONT'd

Mr. Tomlinson stated the new project would just have torn up the paving work

Commissioner Trummell stated if the final project was going to be $ 3 billion dollars, paving a road and repairing it should not be that large of an issue. She discussed her concerns with relying on verbal promises and would prefer "nailing down the hardened facts."

Mr. Williams suggested the Board request that the developer agree to move those improvement requirements under the umbrella of the subdivision improvement agreement.

There was general discussion on the improvements required pursuant to the PMlA and SIA.

Mr. Nelson, Apex Engineering & Land Surveying, discussed what could be completed in an 18-month period.

There was general discussion on what could be completed in an 18-month time frame and the obligations that would need to be fulfilled in that time period.

Commissioner Trummell asked if Mr. Wang was willing to stipulate that his firm and his clients would be solely responsible for informing themselves of the County rules, deadlines, et cetera and that it was not the responsibility of the County to lead them through the procedures or tell them when they needed to meet deadlines.

Commissioner Eastley also asked about the Forum Group paying for a consultant to do the traffic study.

Mr. Tomlinson stated his client or Forum Group would be willing to pay at a reasonable cost.

There was general discussion on the financial viability of the project Page 34 Date 03/01105

28A. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD EXTEND THE EXPIRATION DATE RELATED TO THE OASIS AT SHANGRI-LA SUBDIVISION IMPROVEMENT AGREEMENT (SIA OR DIRECTION TO STAFF REGARDING TERMINATION OF THE SIA; LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ROUTE 372 BETWEEN WOODCHIPS STREET AND LESLIE STREET; FORUM GROUP LTD I JERRY WANG - DEVELOPER-CONT'd

Mr. Petell stated he had concerns regarding the collateral being the five-acre parcel on Mielzynski Way. He stated he did not think it would sell for $ 1.8 million dollars. He stated he had not seen any agreement regarding infrastructure help. He also discussed the bus depot that was built in that area, water issues and infrastructure.

Ed Bishop, Pahrump resident, stated he also understood Mr. Petell's concerns with infrastructure and the need for a development agreement. He stated the water treatment equipment was worth at least $ 400,000.00 which was already purchased for that project. He discussed the viability of Mr. Wangs' financial ability and commitment.

Mr. Williams discussed what phase of the project a development agreement would be required. He also discussed at what point impact fees were collected.

Mr. Williams suggested some stipulations: The developer shall not further divide the project site prior to approval of the overall traffic study and not to allow the developer to further divide their property until completing the necessary public improvement work.

Mr. Tomlinson clarified the improvement work would be the road, water and sewer.

Commissioner Eastley stated that was correct.

Mr. Wang stated he had no intentions of selling the land.

ommissioner Trummell stated she wanted it stipcriakd that this would be the last and only further extension. She also reiterated the stipulations regarding the developer being responsible for tracking the deadlines etc.

There was general discussion on the contents of the motion. Page 35 Date 03/01/05

OR DIRECTION TO STAFF REGARDING TERMINATION OF THE SIA; LOCATED ON THE NORTH AND SOUTH SIDES OF STATE ROUTE 372 BETWEEN WOODCHIPS STREET AND LESLIE STREET; FORUM GROUP LTD I JERRY WANG - DEVELOPER-CONT'd

Commissioner Trummell stated she was going to try and entertain a motion.

Commissioner Trummell stated that the motion would be to approve the subdivision improvement agreement extension based upon, number 1, that the BOCC did not waive any prior commitments or conditions, specifically but not limited to all commitments related to the prior subdivision improvement agreement and the parcel map improvement agreement; number 2, that the extension is granted through the date of September 1, 2006, a period of eighteen months after approval of the extension, and no further extensions shall be granted; number 3, all improvements required pursuant to the subdivision improvement agreement and parcel map improvement agreement, with the exception of the building structures related to the sewer and water treatment facilities, shall be completed by the date of September 1, 2006; number 4, a conceptual plan of the entire site shall be submitted, the purpose of which shall be to generate data for the preparation of a scope for a traffic study, which said scope shall be prepared by Nye County's consultant at the developer's cost. After the scope is prepared, the developer shall prepare an overall traffic study with detailed studies required for each site plan per existing Nye County requirements, and this shall be submitted no later than six months from now; number 5, is developer shall not further divide the project site prior to completion of the necessary public works improvements; number 6, that the developer stipulates that the developer is solely responsible for informing himself of the rules, deadlines, et cetera, and that it is not the responsibility of the County, but that the county stipulates it will process all applications in accordance with our standard policies and procedures and will not intentionally delay an application.

Commissioner Cox stated she would make a motion to approve with everything that Commissioner Trummeii ha ed by Commission yeas. Commissioner Trummell voted no. Page 36 Date 0310 1/05

29. PUBLIC ADMINISTRATOR

29A. DISCUSSION AND POSSIBLE DECISION ON I)COMPENSATING THE PUBLIC ADMINISTRATOR FOR HIS ADMINISTRATION OF INDIGENT ESTATES AT THE RATE OF $60.00 PER HOUR; 2) PROVIDE, AT COUNTY EXPENSE, THE SAME MEDICAL BENEFITS TO THE PUBLIC ADMINISTRATOR AS IS PROVIDED TO OTHER ELECTED COUNTY

THE COUNN TREASURER.

Carl Joerger, Attorney, stated Mr. Loomis was seeking compensation and medical insurance. He was requesting the same benefits as other elected officials.

Commissioner Trummell stated she did not know of any elected official who received $ 60.00 per hour.

Commissioner Eastley stated the Public Administrator position was an uncompensated position per NRS. She stated the County did allow Mr. Loomis to join the insurance program.

Mr. Joerger stated he understood the NRS to be at the discretion of the BOCC.

Commissioner Eastley made a motion to deny; seconded by Commissioner Carver.

Commissioner Trummell agreed with denying the $60.00 per hour. She stated she would have to look at the insurance issue at budget time.

Danelle Sharmrell, HR, reviewed the employee contract and policy regarding receiving insurance coverage and not being a Nye County employee. She stated Mr. Loomis was participating in the COBRA policy. She stated she would have to get a ruling from the insurance company. She stated she could verify and have it to the Board at the next meeting.

There was general discussion on hours warire setting the fees for the Public Administrator.

Commissioner Hollis stated Mr. Loomis knew when he ran for the office of Public Administrator there was no compensation and benefits with the position.

The Board revisited this item on Page 36. Page 37 Date 03/01/05

27. HIR AND RISK MANAGEMENT

27A. HUMAN RESOURCES UPDATE

Mrs. Shamrell stated the Mercer Group would be present at the April 5, 2005 meeting. She stated the application process for the Comptroller position was near completion. She also updated the Board on the Engineering position and stated Mr. Yao was in the interviewing process as well.

29A. DISCUSSION AND POSSIBLE DECISION ON 1) COMPENSATING THE PUBLIC ADMlNISTRATOR FOR HIS ADMINISTRATION OF INDIGENT ESTATES AT THE RATE OF $60.00 PER HOUR; 2) PROVIDE, AT COUNTY EXPENSE, THE SAME MEDICAL BENEFITS TO THE PUBLIC ADMINISTRATOR AS IS PROVIDED TO OTHER ELECTED COUNTY -- OFFICE~SUCHAS THE DISTRICT ATTORNEY, THE COUNTY CLERK AND THE COUNTY TREASURER CONT'd.

Commissioner Cox made a motion to accept the additional documentation; seconded by Commissioner Carver; 5 yeas.

There was general discussion on reviewing the fees and revisions.

Commissioner Eastley made a motion to deny compensating the Public Administrator; seconded by Commissioner Carver; 5 yeas.

The Board requested the insurance information and to discuss that topic at the next meeting.

2713. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF TO AUTHORIZE THE RETURN OF HOURS TAKEN BY PLANNING, HEALTH & HUMAN SERVICES AND EMS EMPLOYEES WHO LEFT WORK EARLY DOE TO FUMES CAUSED BY THE RE-ROOFING PROJECT OF THE 250 BUILDING IN PAHRUMP.

Commissioner Eastley made a motion to approve; seconded by Commissioner Holtis: 5 yeas. Page 38 Date 03101105

27C. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF TO AUTHORIZE THE FILLING OF THE FROZEN JUSTIC ADMINISTRATOR POSITION IN THE PAHRUMP JUSTICE COURT.

Mrs. Shamrell stated Tina Brisebill had requested the position be unfrozen

Commissioner Trummell asked what Ms Brisebill would be cutting in her budget to pay for the position.

Beverly Machado, Pahrump Justice Court, stated she was not sure the workload would be alleviated. She stated the judge was doing the Administrative duties herself.

Commissioner Eastley made a motion to deny.

Commissioner Cox suggested bringing the request back at budget time

Commissioner Eastley withdrew her motion.

Commissioner Cox made a motion to table the request until they go through the budget cycle; seconded by Commissioner Eastley; 5 yeas.

OF EMPLOYEE AND IOR A COVERED DEPENDENT TO THOSE UNREPRESENTED REGULAR FULLTIME EMPLOYEES.

Commissioner Eastley made a motion to approve out of department funds; seconded by Commissioner Cox; 5 yeas.

27E. DISCUSION, POSSIBLE DECISION AND DIRECTION TO STAFF TO

EQUIPMENT MECHANIC, GRADE 10; (2) ENGINEERING TECHNICIAN Ill,

ROAD INSPECTOR, GRADE 14; AND IOR (5) ROAD SUPERINTENDENT,

FOR AND FILL THESE POSITIONS WITHIN THE PUBLIC WORKS DEPARTMENT.

This item was removed. Page 39 Date 03/01105

28D. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD AUTHORIZE THE CREATION AND POSITION OF BUILDING OFFICIAL, INCLUDING PURCHASE OF COMPUTER EQUIPMENT, WITH FUNDING FOR THE POSITION TO BE FROM THE BUILDING AND SAFETY FUND.

Commissioner Cox discussed her concerns about taking over Charles Abbott and Associates contract. She reviewed.

Mr. Williams stated he managed the account and activity monthly. He stated it was not his intent to take the job away from Charles Abbott and Associates.

Commissioner Cox stated she was impressed with the service Charles Abbott and Associates was providing for the County.

Mr. Williams stated someone needed to take this responsibility off of the planners. He stated this work kept them from doing their planning functions. He stated he had discussed with Charles Abbott and Associates a reduction and adjustment in fees. He stated they would be writing the County a check for $65,000.00 which was 5-months of adjusted fees. He also stated in the last 4 months the County had netted $ 194,000.00.

There was general discussion on salary and contract rates.

Rick Walker, Pahrump Valley Construction Industry Association, stated the builders were very happy with the building department and their expertise. He discussed the expansion phase taking place in the Pahrump area. He suggested the Board use some of the fees in those funds to obtain an assistant for Mr. Williams. He stated the industry was happy with the expertise of Charles Abbott and Associates.

Mr. Williams stated there was no enforcement in Pahrump. He stated Barbara Taylor was more of a zoning officer than a building official. He reviewed the 4 994 building code regulations regarding enforcement officers. He stated there was no one overseeing field operations. He stated there needed to be some ahrump to make sure eve hing was getting

Commissioner Eastley made a motion to approve the entire request; seconded by Commissioner Cox; 5 yeas. Page 40 Date 03101105

28E. DISCUSSION AND POSSIBLE DECISION CONCERNING A REQUEST THAT THE BOARD AUTHORIZE THE CREATION AND FILLING OF PLANNER I POSITION, INCLUDING PURCHASE OF COMPUTER EQUIPMENT, WITH FUNDING FOR THE POSITION TO BE FROM THE BUILDING AND SAFETY FUND-CONT'd.

Commissioner Cox suggested the developers pay for this request.

Mr. Williams stated they were already paying for this position out of fees from the Building and Safety fund.

Commissioner Cox made a motion to deny.

The motion died for lack of a second.

Mr. Williams stated he and Ms. Beeman had been working the front counter and should not be. He stated this proposed person would work on the current planning issues.

Commissioner Cox stated it was the developers putting a strain on the department. She suggested a roof top fee.

Commissioner Trummell stated 1 person was not going to solve the workload. She discussed the workload in conjunction with the moratorium request.

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

Commissioner Hollis suggested doing both to fund the position and give direction to Mr. Williams to discuss the issue with the developers and obtain another position.

Mr. Williams stated a roof top fee would be the cleanest way to do this.

The motion passed with 5 yeas.

285. DISCUSSION AND POSSIBLE DECISION CONCERNING AN APPLICATION FOR A PARCEL MAP: ALOSI INVESTMENT GROUP LLC, AP

Commissioner Eastley made a motion to approve; seconded by Commissioner Cox; 5 yeas. Page 41 Date 03101 105

28F. DISCUSSION AND POSSIBLE DECISION CONCERNING SETTING A DATE, TlME AND LOCATION FOR PUBLIC HEARING ON NYE COUNTY BILL NO. 2005-06: A BILL PROPOSING TO AMEND NYE COUNTY CODE 17.04, THE PAHRUMP REGIONAL PLANNING DISTRICT ZONING ORDINANCE, BY AMENDING SEVERAL DEFINITIONS; BY CHANGING REFERENCES OF "SUBDIVISION" TO "DIVISION OF LAND"; BY AMENDING VARIOUS PERMISSIVE USES AND USES VIA CONDITIONAL USE PERMIT IN

EXTENSION OF TlME ON A ZONING REVIEW; BY REQUIRING SlTE DEVELOPMENT PLAN SUBMITTALS FOR CONDITIONAL USE PERMITS, AND TRAFFIC IMPACT ANALYSIS FOR SlTE DEVELOPMENT PLANS; BY AMENDING THE MINIMUM LOT SIZE FOR THE RH, RE AND SE ZONES; AND OTHER MATTERS PROPERLY RELATED THERETO.

Mr. Williams recommended in the title of the Bill removing the phrase "By changing references of Subdivision to Division of Land.

Commissioner Trummell asked if they would consider changing the minimum lot size or getting rid of the VR8 districts.

Mr. Williams suggested consulting with the District Attorney.

Mr. Levin stated that would have to be in the Bill at the time of publishing.

There was general discussion on the deadlines for publishing.

Commissioner Trummelf asked to work with Mr. Williams on the VR8 requirements.

Commissioner Eastley proposed Bill #2005-06 a Bill proposing to amend Nye County Code 17.04 and setting a public hearing on Tuesday, April 5, 2005 in Tonopah at 11 :00 a.m.; seconded by Commissioner Cox.

Ron Williams asked if that included the r rnoval of the VR8 zone.

stley stated she was not prepared to make that motion. She stated she needed to study the pros and cons of that.

The motion passed with 5 yeas.

Mr. Williams read the title of Bill into the record. Page 42 Date 0310 3/05

28C. DISCUSSION AND POSSIBLE DECISION CONCERNING NYE COUNTY RESOLUTION NO. 2005-03: A RESOLUTION ESTABLISHING A $2,580.06 CAP ON THE FEE FOR ZONE CHANGE APPLICATIONS TO THE RURAL ESTATES RESIDENTIAL (RE) AND THE RURAL HOMESTEAD

Commissioner Eastley made a motion to approve Resolution 2005-03; seconded by Commissioner Cox; 4 yeas. Commissioner Trummell voted no.

30. PUBLIC WORKS

30A. DISCUSSION AND POSSIBLE DECISION ON APPROVAL TO CHARGE COMMERCIAL COMPANIES FOR DISPOSAL OF TIRES AT THE PAHRUMP LANDFILL IN ACCORDANCE WITH CHAPTER 8.24 ARTICLE I, SECTION 240 C COMMENCING ON 3/15/2005.

Samson Yao, Public Works Director, reviewed the issue. He stated the request was long overdue. He discussed the problems with the volume of tires being dumped.

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

There was general discussion on enforcing the code, fees and the cost being passed on to the consumer.

The motion passed with 5 yeas.

Commissioner Trummell asked if Mr. Yao could work up a policy to get it into the hands of Pahrump Valley Disposal by 3115105 so they have guidelines in accordance with the Ordinance.

Mr. Levin stated he would not be able to review it next week.

305. DtSCUSSlON AND POSSIBLE DECISION, MODIFlCATiON AND f OR APPROVAL OF 2005-2006- PAWRUMP CHIP SEALING PLAN.

Mr. Yao stated there was 30.6 miles of chip seal requested. Page 43 Date 03101105

30B. DISCUSSION AND POSSIBLE DECISION, MODIFICATION AND I OR APPROVAL OF 2005-2006- PAHRUMP CHIP SEALING PLAN.

Commissioner Trummell reviewed the funds needed for the chip seal project. She stated for fiscal year 2005 it would $ 985,000.00 out of PETT; and out of the 1/4 cent fund it would be $480,000.00; and out of fund #212 $.04 cent fund it would be $ 959,000.00; and the potential recovery from locale improvement district NRS 271 for rechipping and slurry sealing and payback to PETT $ 323,000.00; chip and fog seal 30.6 miles re chip 5 miles and slurry seal 10 miles.

Mr. Yao stated the chip seai program was for dust control. He reviewed other alternatives for funding instead of PETT money.

Commissioner Trummell stated there had been an additional request for Linda Street, Haze and Mesquite.

Mr. Yao there were no funds available for additional roads. He reviewed.

There was general discussion regarding approving and using RTC funds.

Commissioner Cox made a motion to approve with the condition that the RTC hear the item and approves it; seconded by Commissioner Eastley; 5 yeas.

11 E. REPORT ON E.D.E.N.

Commissioner Cox discussed the proposal to do a Board handbook and the need for more representation from around the County. She also asked about the process for advertising for positions.

Sandra Merlino, County Clerk, stated there were no requirements to advertise the positions.

Commissioner Cox discussed a problem with CCSN wanting to drop the truck driving school. She reviewed.

There was general discussion on the positive impact the truck driving school had on the community.

Commissioner Cox stated Anne Baron was attending the EDEN meetings so there would be no duplication of efforts. She also commented on the Nye County Website still not being up to date on the number one employer for Nye County. Page 44 Date 03/01/05

I1J. APPROVAL TO APPLY FOR THE EMERGENCY RESPONSE

MATCH REQUIRED FROM NYE COUNTY.

Commissioner Hollis made a motion to approve; seconded by Commissioner Cox.

Commissioner Hollis withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Hollis made a motion to accept the Resolution; seconded by Commissioner Cox.

Commissioner Trummell read the Resolution into the record.

Commissioner Eastley made a motion to approve Resolution #2005-11; seconded by Commissioner Hollis; 5 yeas.

21. COUNTY MANAGER

21A. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF ON OBTAINING AN APPRAISAL OF THE 640 ACRES OF PROPERTY AT RAILROAD VALLEY WITH 2560 ACRE FT OF WATER. COST OF APPRAISAL WILL BE FROM $7,000 TO $10,000 DEPENDING ON OUTBUILDINGS AND STRUCTURES.

Mr. Maher stated he had a difficult time finding someone to do an appraisal

Commissioner Eastley asked if there was an equal amount of interest and commitment on the part of the community to see Nye County pursue the issue.

Commissioner Carver stated no there was not.

There was general discussion on the community thinking the County was purchasing the water rights to sell off to Clark County.

Commissioner Cox made a motion to deny; seconded by Commissioner Eastley; 5 yeas.

31. SENIOR SERVICES

This item was removed. Page 45 Date 03/01/05

33. PUBLIC PETITIONERS

33A. DISCUSSION AND POSSIBLE DECISION TO APPROVE CLOSURE OF STATE HIGHWAY 318 ON MAY 15,2005 FOR THE EVENT KNOWN AS THE NEVADA OPEN ROAD CHALLENGE AND ON SEPTEMBER 25,2005 FOR THE EVENT KNOWN AS THE SILVER STATE CLASSIC CHALLENGE.

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

336. DISCUSSION AND POSSIBLE DECISION TO USE COUNTY ROADS FOR THE FOLLOVVING EVENTS: 1) TERRIBLE'S TOWN "250" -APRIL 29, 30, MAY I,2005; 2) NEVADA "1000" -JULY 7-10,2005; 3) VEGAS TO RENO - OCTOBER 6,7,8, 2005.

Commissioner Cox discussed her concerns regarding compliance issues.

Mr. Levin stated he understood all county roads were cleaned up with no further complaints per Stretch Baker, Nye County Road department.

There was general discussion on the bond issue and compliance after the race.

Commissioner Eastley made a motion to approve subject to the conditions that were outlined in the agreement made last year; seconded by Commissioner Carver; 5 yeas.

Commissioner Trummell disclosed that she does work for Terrible's Town periodically.

11C. CLOSURE OF MEETING, PURSUANT TO NRS 241.015 2 (b)(2) FOR PURPOSES OF CONFERRING WITH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

Commissioner Eastley made a motion to close the meeting; seconded by Commissioner Cox; 5 yeas.

11D. CLOSED MEETING, PURSUANT TO NRS 241.015 (bl(2) FOR PURPOSES OF CONFERRING WiTH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

Board in closed session. Page 46 Date 03101105

34. GENERAL PUBLIC COMMENT

There was no general public comment.

35. ANNOUNCEMENTS

There were no announcements.

36. ADJOURNMENT

Commissioner Hollis made a motion to adjourn; seconded by Commissioner Carver; 5 yeas.

APPROVED this day ATTEST: of ,2005

Chairman / BOCC Nye County Clerk I Deputy Page ? Date 03102105

Pursuant to NRS, the Nye County Board of Commissioners met in a special teleconference session at 9:00 a.m. in Commissioner Chambers Tonopah, Nevada and Pahrump, Nevada.

Candice Trummell, Chairman Joni Eastley, Vice-chairman Gary Hollis, Commissioner Patricia Cox, Commissioner Midge Carver, Commissioner Erik Levin, Deputy District Attorney Sandra "Sam" Merlino, Ex-Officio Clerk of the Board Michael Maher, County Manager

Present in Person: Commissioner Carver; Michae'1 Maher, County Manager; Susan E. Wharff, Deputy County Clerk; Charlie Rodewald, Budget Director.

Present via Phone: Commissioner Cox; Commissioner Hollis; Commissioner Eastley; Commissioner Trummell and Samson Yao, Public Works Director.

Not Present: Sandra Merlino, Nye County Clerk; Erik Levin, Deputy District Attorney (Board recessed at 935 a.m. and reconvened at 9:45 a.m. Mr. Levin was then present)

9:00 A.M.

A. DISCUSSION AND POSSIBLE DECISION ON: 1) DECLARING A NATURAL DISASTER IN PAHRUMP AND AMARGOSA VALLEY DUE TO THE FEBRUARY 15 TO 23, 2005 FLOODING RESULTING IN DAMAGE TO NYE COUNTY ROADS; AND 2) APPROVAL OF REPAIR OR REPLACEMENT OF AFFECTED PAHRUMP AND AMARGOSA VALLEY ROADS AND VVATER CONTROL DIVERSIONS OUT OF THE EMERGENCY FUND #497. ESTIMATED COST OF REPAIRS UP TO $300,000.00.

Mr. Yao stated the figure was a rough estimate. He stated there was a lot of damaged area. He discussed the negative impact the flooding had on the area. He stated the County needed to tackle the storm water problem. He suggested using more funds be put into the roads and upgrading some of them from chip seal status. He reviewed some of the figures for upgrading and repairs and what assets the County had presently in roads.

Mr. Maher discussed the definition of natural disaster and possibly using the emergency fund #497 for the road repairs. Page 2 Date 03102105

Mr. Yao stated at the present time he estimated needing between $ 300,000.00 to $ 500,000.00.

Commissioner Cox made a motion to approve declaring a natural disaster in the Pahrump and Amargosa areas due to the February 15 through 23, 2005 flooding on Nye County roads up to $ 300,000.00 estimated cost of repairs out of fund #497.

Commissioner Trummell clarified the motion by Commissioner Cox to approve items number 1 and number 2.

Commissioner Hollis seconded the motion.

Mr. Yao stated the problem began in October with flooding.

Commissioner Cox amended her motion to reflect flooding from October to February; Commissioner Hollis amended his second.

Commissioner Eastley discussed her concerns regarding claiming cumulative effects of rain over several months and meeting the requirements of a natural disaster.

There was general discussion on meeting the requirements and obtaining the opinion of the Clistrict Attorney.

Commissioner Carver stated she had the same concerns and did not see this as a natural disaster.

Commissioner Eastley stated she would like roads repaired in her district because of cumulative effects.

Commissioner Carver stated she agreed with her area because of snow.

Mr. Yao stated further discussion was needed regarding using PETT and Emergency funds for roads. Page 3 Date 03102105

Commissioner Eastley stated she had concerns regarding using funds inappropriately and showing up on an audit report.

There was general discussion on recessing and obtaining a legal opinion.

Commissioner Trummell moved to item B on the agenda.

B. DISCUSSION, POSSIBLE DECISION AND DIRECTION TO STAFF TO REQUEST APPROVAL FROM BUREAU OF LAND MANAGEMENT (BLM) TO ENABLE NYE COUNTY TO CONSTRUCT AND REPLACE WATER CONTROL DIVERSIONARY MEASURES TO MITIGATE CURRENT AND LIMIT FUTURE WATER DAMAGE.

Mr. Yao reviewed the matter and how the BLM could accommodate the County.

Commissioner Hollis stated the County needed to have Maryellen Giampaoli expedite the issue on managed BLM public land to get some of the work done.

Commissioner Hollis made a motion to approve; seconded by Commissioner Cox.

There was general discussion on how this issue would fit into a storm water drainage plan, temporary measures and what was needed in the interim.

The motion passed with 4 yeas. Commissioner Carver voted no.

GENERAL PUBLIC COMMENT

Al Berrera, Nye County Citizen and Amargosa Concerned Citizens for the Environment, discussed the request for a moratorium on Ponderosa Farms from the February 15,2005 BOCC meeting. He asked if the Board had received the opinion from the District Attorney on the clean air act. He reviewed a current case from Idaho that a judge had ruled on regarding farm areas having to follow federal regulations on the clean air act. Page 4 Date 03102105

GENERAL PUBLIC COMMENT-CONT'd

Commissioner Eastley suggested Mr. Berrera contact the Nevada Division of Environmental Protection.

Mr. Berrera stated for the record the County had been put on notice regarding this issue. He stated he was making a courtesy call to the Board.

Commissioner Cox stated for the record she wanted to announce who was present in Pahrump: Al Berrera, Samson Yao, Commissioner Hollis, Commissioner Cox; Vicki Times and Phillip Gomez.

The Board recessed at 9:35 A.M.

The Board reconvened at 9:45 A.M.

Erik Levin, Deputy District Attorney, now present.

Commissioner Hollis not present for the reconvened portion of the meeting.

A. DISCUSSION AND POSSIBLE DECISION ON: 1) DECLARING A NATURAL DISASTER IN PAHRUMP AND AMARGOSA VALLEY DUE TO THE FEBRUARY 15 TO 23, 2005 FLOODING RESULTING IN DAMAGE TO NYE COUNTY ROADS; AND 2) APPROVAL OF REPAIR OR REPLACEMENT OF AFFECTED PAHRUMP AND AMARGOSA VALLEY ROADS AND WATER CONTROL DIVERSIONS OUT OF THE EMERGENCY FUND M97. ESTIMATED COST OF REPAIRS UP TO $300,000.00-CONT'd.

Commissioner Trummell reviewed the current motion to approve.

Commissioner Eastley reviewed the question for Mr. Levin and the Board's concerns regarding meeting the Natural Disaster definition in the Ordinance.

Commissioner Cox reviewed the dates involved for cumulative damages.

Mr. Levin stated discussed what could be considered as a series of events. stated it was a determination by the Board and could be looked at as an "all one rain season". He stated drought could be looked at as well. He stated it would be well within the Boards discretion. Page 5 Date 03/02/05

A. DlSCUSSION AND POSSIBLE DECISION ON: I)DECLARING A NATURAL DISASTER IN PAHRUMP AND AMARGOSA VALLEY DUE TO THE FEBRUARY 15 TO 23,2005 FLOODING RESULTING IN DAMAGE TO NYE COUNTY ROADS; AND 2) APPROVAL OF REPAIR OR REPLACEMENT OF AFFECTED PAHRUMP AND AMARGOSA VALLEY ROADS AND WATER CONTROL DIVERSIONS OUT OF THE EMERGENCY FUND #497. ESTIMATED COST OF REPAIRS UP TO $300.000.00-CONT'd

The motion passed with 4 yeas. Commissioner Hollis was not present.

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Carver; 4 yeas.

Meeting adjourned.

APPROVED this day ATTESTED: of ,2005

Chairman, BOCC Nye County Clerk / Deputy Page ? Date 03/07/05

Pursuant to NRS, the Nye County Board of Commissioners met in a special teleconference session at 3:00 p.m. in Commissioner Chambers Tonopah, Nevada and Pahrump, Nevada.

Candice Trummell, Chairman Joni Eastley, Vice-chairman Gary Hollis, Commissioner Patricia Cox, Commissioner Midge Carver, Commissioner Erik Levin, Deputy District Attorney Sandra "Sam" Merlino, Ex-Officio Clerk of the Board Michael Maher, County Manager

Present in Tonopah: Sandra Merlino, Nye County Clerk; Susan E. Wharff, Deputy County Clerk; Judy Dyer, General Services; Timaree Koscik, Administrative Secretary.

Present via Phone: Commissioner Hollis, Commissioner Carver; Commissioner Eastley; Commissioner Trummell; Commissioner Cox; Michael Maher; Ron Kent, Deputy District Attorney; A. J. Dodd.

3:00 P.M. DISCUSSION AND POSSIBLE DECISION TO ACCEPT, SELECT OR REJECT ANY OR ALL PROPOSALS TO OPERATE A MEDICAL FACILITY IN THE PAHRUMP MEDICAL CENTER (PMCl

Commissioner Cox asked why 10 years was !isted under terms.

Mr. Maher explained Dr. Bady had made the request for 10 years instead of 5 years.

Commissioner Trummell stated she had concerns under the terms "licensed emergency services as soon as economically possible". She suggested inserting an option for the County.

Commissioner Carver discussed her concerns regardin designation of Medicare

There was general discussion on the availability of nighttime coverage

Dr. Bady now present. Page 2 Date 03/07/05

3:00 P.M. DISCUSSION AND POSSIBLE DECISION TO ACCEPT, SELECT OR REJECT ANY OR ALL PROPOSALS TO OPERATE A MEDICAL FACILITY IN THE PAHRUMP MEDICAL CENTER (PMC)

Commissioner Trummell listed the areas of concern regarding the contract:

Page #I the language RE: "Independent Care Center or other Licensed Emergency Service as soon as economicaliy possible"

Page #2 under use "Open for 12 hours per day'' no hours specified that it would be open and continuing to expand to nighttime coverage when economically feasible.

Page #3 maintenance repairs and alterations. Concerns regarding direct damage caused by the tenants and how the County should not be responsible. She also stated her concerns regarding allowing tenants to alter the building without consent.

There was general discussion on the language regarding tenant damage responsibilities.

Page #4 needing to fine-tune the indemnification clause.

Page #5 section 9 regarding subletting and no requirements for notification.

Commissioner Carver stated she had concerns on Page #2 regarding rent and the tenant having the option of constructing a building on real property and the tenant using the additional building at no additional cost.

Ron Kent, Deputy District Attorney, reviewed the rights of the Lessee and Lessor on improvements done to the building.

Commissioner Eastley stated under item #4 use of the building, she would like the definition of ''other license Emergency Services."

Dr. Bady, Medical Systems Management, responded to the Boards' concerns regarding ?@yearterm. He stated he wanted longevity. He also explained the 24-hour service issue time limit.

There was general discussion on the hours of service and the availability of nighttime emergency services. Page 3 Date 03/07/05

3:00 P.M. DlSCUSSlON AND POSSIBLE DECISION TO ACCEPT, SELECT OR REJECT ANY OR ALL PROPOSALS TO OPERATE A MEDICAL FACILITY IN THE PAHRUMP MEDICAL CENTER (PMC)-CONT'd

Dr. Bady explained the emergency care services and how he would have those services available by phone as of July 1, 2005. He also discussed the Medicare and Medicaid billing issues and how the center would meet those requirements by being a certified urgent care center. He stated he wouid be responsible for any damages to the facility. He stated in regards to subletting, he could notify the County of any other tenants.

There was general discussion on the issues and concerns regarding subletting the building.

Mr. Kent suggested removing the assignment of lease transfer rights and conveyance and deleting that area of the lease.

Dr. Bady stated he would agree to notifying the County of any changes or encumbrance to the lease.

There was general discussion on the wording for subletting.

Erik Levin, Deputy District Attorney, discussed the wording needed to limit the County on their liability regarding damages or injuries. The Board discussed the different types of property damage issues.

There was general discussion on narrowing down the hours of operation.

Dr. Bady stated the hours of operation would be from 8:00 a.m. to 8:00 p.m.

Mr. Kent stated the contract should reflect the hours of service.

Dr. Bady stated he could not promise anything on 24-hour phone service. He stated he did not have anything signed yet and clarified with other physicians. He stated he anticipated the center opening as of March 28, 2005.

Mr. Kent requested that Dr. Bady reduce to writing, for clarification purposes, the hours of operation discussed as well as the telephone support issue.

Commissioner Cox discussed her concerns regarding the requirements being met for accepting Medicare and Medicaid patients. Page 4 Date 03/07/05

3:00 P.M. DISCUSSION AND POSSIBLE DECISION TO ACCEPT, SELECT OR REJECT ANY OR ALL PROPOSALS TO OPERATE A MEDICAL FACILITY IN THE PAHRUMP MEDICAL CENTER (PMC)-CONT'd

350 p.m. Commissioner Hollis no longer present via phone.

Commissioner Eastley asked for clarification on "other emergency services" and what those services might be.

Dr. Bady stated that language was required because of "anti Kick back laws" and that was the reason for the broad verbiage.

There was general discussion on the definition of urgent care and emergency care and meeting the granting requirements.

Commissioner Carver stated everything they had heard from the community was their need for 24-hour care. She stated she was concerned that the community was getting its requests answered.

Dr. Bady discussed the problem with staffing for 24-hour care and how that would be a recipe for failure. He stated the patients would be taken care of via phone after hours. He stated an option would be to have the County subsidize the center to hire a doctor, nurse and front office person to be physically on sight after regular hours of operation.

There was general discussion ~t?the number of changes to the lease and the Board needing a full-amended copy of the lease to approve the contract and option to the Board to recess and reconvene the next day.

Mr. Kent stated there were a number of changes made to the lease contract.

Dr. Bady stated it would benefit him currently to have the Board accept the lease because he would be uncomfortable extending the signing because it would affect the opening date. He stated he agreed with the changes made.

Commissioner Eastley asked the Board if they wanted to recess until the next day so a updated lease contract with changes could be available for the vote.

Mr. Kent discussed his concerns with working through the night and the availability of staff. He suggested the minutes be transcribed and the modifications be prepared and to notice it up and bring it back before the board for formal ratification. Page 5 Date 03/07/05

3:QQP.M. DlSCUSSlON AND POSSIBLE DECISION TO ACCEPT, SELECT OR REJECT ANY OR ALL PROPOSALS TO OPERATE A MEDICAL FACILITY IN THE PAHRUMP MEDICAL CENTER (PMC)-CONT'd

Mr. Kent stated the Board could grant the contract in principle based upon the verbal amendments made that day subject to bringing it back later in writing.

Commissioner Cox stated that was her motion.

Sandra Merlino, Nye County Clerk, requested Commissioner Cox to restate her motion.

Commissioner Eastley stated Commissioner Cox's motion was to approve in principle the contract with Dr. Bady subject to the changes that were discussed in this afternoons meeting with those changes to be brought back before the Board for ratification; seconded by Commissioner Carver; 3 yeas.

(Commissioner Trummell was no longer on line when Commissioner Eastley called for the vote. There was no available exit time noted in meeting for Commissioner Trummell.)

GENERAL PUBLIC COMMENT

A. J. Dodd, Pahrump resident, thanked the Board for their efforts.

Commissioner Ccx made a motion to adjourn; seccnded by Commissioner Carver; 3 yeas.

Meeting adjourned.

APPROVED this day ATTESTED: of ,2005

Chairman, BOCC Nye County Clerk / Deputy Page ? Date 03/22/05

Pursuant to NRS, the Nye County Board of Commissioners met in a special teleconference session at 8:30 a.m. in Commissioner Chambers Tonopah, Nevada and Pahrump, Nevada.

Candice Trummell, Chairman Joni Eastley, Vice-chairman Gary Hollis, Commissioner Patricia Cox, Commissioner Midge Carver, Commissioner Erik Levin, Deputy District Attorney Sandra "Sam" Merlino, Ex-Officio Clerk of the Board Michael Maher, County Manager

Also Present: Charlie Rodewald, Budget Director; Susan E. Wharff, Deputy County Clerk and Timaree Koscik, Administrative Secretary.

8:30 A.M.

I.DISCUSSION AND POSSIBLE DECISION ON A RESOLUTION AUTHORIZING MEDIUM-TERM OBLIGATIONS IN AN AMOUNT OF UP TO $6,000,000 FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COST OF ACQUIRING, IMPROVING AND EQUIPPING PROPERTY FOR NYE COUNTY; DIRECTING OFFICERS OF THE COUNTY TO FORWARD MATERIALS TO THE STATE DEPARTMENT OF TAXATION; AUTHORIZING THE COUNTY'S BUDGET DIRECTOR TO ARRANGE FOR THE SALE OF

DETAILS IN CONNECTION THEREWITH.

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

Commissioner Cox stated she had concerns on the water issue and the County not knowing what it is going to cost to redo the building at the Calvada Eye.

Commissioner Trummell stated the County may have to if needed go back for ncing if needed.

Michael Maher, County Manager, stated the money to purchase the Calvada Eye was taken out of the funds the County had.

Commissioner Carver stated part of the $ 3 Million was to be paid back out of the $ 6 Million. Page 2 Date 03122105

Mr. Maher stated that was correct. He stated the Bond Council requested the Board to ratify from the previous hearing. He reviewed.

Commissioner Trummell stated the County would have to augment the budget for the current fiscal year. She stated the plan had been previously discussed. and was approved in principle by the Board. She discussed the options of using additional PETT funds, medium term financing or having an audit exception.

John McDonald, Pahrump resident, discussed the County borrowing the money versus using Fund #493.

Commissioner Cox stated one of the reasons the County could not use those funds was the endowment fund ordinance. She reviewed.

Commissioner Trummell stated the initial plan to pay the funds back was for the County to have a !and sale and use that to pay for the Calvada Eye.

Mr. Maher stated he was working on that property sale list.

Mr. McDonald suggested changing the County ordinance instead of borrowing the funds. He stated he was just thinking about minimizing the cost to the taxpayers. He reviewed.

Commissioner Eastley stated the repayments on money would be made from PETT and not from the General Fund revenues. She stated it would not affect the citizens tax bills.

Commissioner Trummell discussed the Board's decision regarding how funding from PETT would be used. She also discussed the agreement signed by the federal government and the Department of Energy. page 3 Date 03/22/05

Commissioners Eastley, Cox, Carver and Trummell confirmed they were in agreement that the loan would be repaid by using the funds from a County property sale and in the worst case scenario could sell the Calvada Eye.

Jim Petell, Pahrump resident, stated he wanted to know what the $ 6 million dollars was for because there was no backup. He also stated the current reports regarding falsified scientific data on Yucca Mountain may impact the PET funding the County was receiving. He stated there are all types of variables that need to be considered before voting yes on the item.

Commissioner Cox stated $ 3.2 million was for the land, $ Imillion was for the water and $ 1.8 million was for the building. She also stated the County was looking at other options for the water instead of purchasing the water rights.

The motion to approve passed with 4 yeas. Commissioner Hollis voted no.

2. CLOSURE OF MEETING, PURSUANT TO NRS 241.015 2 (b)(2) FOR PURPOSES OF CONFERRING WITH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION.

Commissioner Cox made a motion to close the meeting; seconded by Commissioner Carver; 5 yeas.

3. CLOSED MEETING, PURSUANT TO NRS 241.015 (b)(2) FOR PURPOSES OF CONFERRING WITH COUNSEL REGARDING POTENTIAL OR CURRENT

Board in closed session. Page 4 Date 03/22/05

4. DECISIONS ON CONFERENCE WITH COUNSEL REGARDING POTENTIAL OR CURRENT LITIGATION PRESENTED IN CLOSED MEETING.

Commissioner Trummell stated there were no actionable items presented.

5. DISCUSSION, DELIBERATION. DECISION AND POSSIBLE ACTION REGARDING RECONSIDERATION, REAFFIRMATION, MODIFICATION, AND/OR RESCISSION OF DECISION TO ACCEPT MEDICAL SYSTEMS MANAGEMENT, INCORPORATED'S PROPOSAL TO OPERATE A MEDICAL FACILITY IN THE PAHRUMP MEDICAL CENTER (PMC).

Commissioner Eastley discussed the negative issues and past problems when government got involved with health care. She stated it has always been problematic. She reviewed some of the struggles the County had gone through with the PMC and Nye Regional Medical Center. She stated the trustee representing Preferred Equities Corporation in bankruptcy court had stated he owned PMC, She stated he had threatened a lawsuit against Nye County to take the property from the County therefore taking away emergency care form the citizens of Pahrump. She stated if the County were to proceed in providing emergency care for Pahrump the trustee would seek bankruptcy court punishment against the County. She stated he was using his authority as a trustee of the State by threatening to punish the County. She stated due to this action County government hands are tied.

Commissioner Eastley made a motion to take no further action to move forward with the current proposal pending before the Board to open PMC unless and until the United States Bankruptcy Court enters an order that the County may move forward; seconded by Commissioner Carver.

Commissioner Hollis stated the trustee and the lawyers are the first ones to get paid. He stated they were doing this for money and could care less about the people's healthcare.

Commissioner Carver stated the trustee has put the County in a no win situation. She stated the Board would have to rely on the court to tell them what they can o. She stated she believ County was here to provide service.

Commissioner Cox shied the County had done everything in its power to provide 24-hour care. She stated this was another roadblock.

Commissioner Trurnmell agreed with the comments. She stated she personally had some concerns regarding the responsiveness of the proposal that was received. Page 5 Date 03/22/05

Commissioner Trummell stated if the County was fortunate enough to get an order from the court to allow the County to move forward the Board would have to examine the proposal submitted and determine if it was responsive to the County's original RFP.

Commissioner Cox stated the County did send out an RFP and it was not responsive to what was issued. She stated the County would have to go back out and clearly identify the County's needs and wants for the PMC.

George Gingell, Pahrump resident, suggested making more work for the County attorney by moving forward on the issue. He stated the people of Pahrump needed emergency care.

Carman Kreitler, Pahrump resident, stated if the County should move forward she was requesting Desert Trails Medical be given an opportunity to lease space at PMC.

A.J. Dodd, Pahrump resident, stated he was appalled at what was going on. He stated he was going to take the issue to Congressman Gibbons and he would get the issue handled.

John McDonald, Pahrump resident, stated he agreed with the Board's decision and commented on emergency services with Mercy Air.

Tammy Peeples, Pahrump resident, stated the Board should have moved forward and dealt with the consequences. She stated it was pertinent the facility be opened at any cost.

Pat Aherns, Pahrurnp resident, asked if there was a cease and desist order in place.

Commissioner Trummell stated there was a "Stay on Assets" in place. She explained there was a tremendous amount of liability on the County if they moved forward on the contract.

There was general discussion on the extension of the deadline for occupying the facility. Page 6 Date 03/22/05

Johnnie Walker, Pahrump resident, stated he understood the Board's choice. He stated the County needed to put the request out to bid and give the other doctors in the community a chance. He also suggested taking the property and building a fire station in its place.

Jim Petell, Pahrump resident, commented on the $ 725,000.00 given by Senator Reid and what would now happen to those funds. He stated there was a rumor that the County had purchased PMC and now the bankruptcy court was suing them for non-use. He stated this showed ineptness by the Board, staff and the District Attorney.

Commissioner Trummell stated it was not true that the County had bought the reversionary interest. She stated if that were true there would not be a problem.

Dr. Bady stated he had offered 24-hour care. He stated he had contracted with the Commissioners and he planned to abide by that unless he received further instruction.

Commissioner Trummell asked if the County allowed him to continue would he sign a waiver of liabi!ity to county.

Dr. Bady stated he would have to talk to his attorney.

Commissioner Cox asked about subsistence from the County.

Dr. Bady stated not directly.

The motion passed with 5 yeas,

Mr. Petell stated the County needed new citizen input forms because the public could not get their questions answered.

Commissioner Trummell stated Ed Fox Pahrump resident, was no longer present but wanted to comment on the enforcement of the covered load ordinance. Page 7 Date 03122105

Commissioner Eastley made a motion to adjourn; seconded by Commissioner Cox; 5 yeas.

Meeting adjourned.

APPROVED this day ATTESTED: of ,2005

Chairman I BOCC Nye County Clerk 1 Deputy