Also present: Lorina Dellinger, Administrative Manager; Kelly Sidman, Deputy Clerk; Susan Paprocki, Comptroller NYE COUNTY BOARD OF COMMISSIONERS

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1 Page 1 Pursuant to NRS the Nye County Board of Commissioners met in regular session at 10:00 a.m. in the Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada Lorinda Wichman, Chair Dan Schinhofen, Vice Chair Joni Eastley, Commissioner Butch Borasky, Commissioner Gary Hollis, Commissioner Sandra L. Merlino, Ex-Officio Clerk of the Board Brian Kunzi, District Attorney Pam Webster, County Manager Also present: Lorina Dellinger, Administrative Manager; Kelly Sidman, Deputy Clerk; Susan Paprocki, Comptroller NYE COUNTY BOARD OF COMMISSIONERS 1. Pledge of Allegiance The Pledge was recited 2. For Possible Action - Approval of the Agenda for the Board of County Commissioners meeting of October Pam Webster said items 4, 7, 10, 12, 14, 17-19, 21-22, 24, 29, 31, and 32 could be removed from the agenda. 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first). There was none. 10:00 a.m. Presentation Items: a. Presentation of certificate and/or plagues to fifteen (15) employees honored for their years of service. The following employees were recognized: Melinda Hinrichs, Michael Mevis, and Richard Whitener for 15 years of service. John Bergstrom Ill, Levi Kryder, Alisa Shoults, and Shelly Weldon for 10 years of service.

2 10:00 a.m. Presentation Items-Cont d. Page 2 a. Presentation of certificate andlor plagues to fifteen (15) employees honored for their years of service.-cont d. Fernando Colon, Michael Eisenloffel, Cory Fowles, Tina Gancarz, Jennifer Jonas, Monique Mendoza, Melissa Molt, and Randall Saltzman for five years of service. b. Presentation from NV Energy on construction status of ON Line Transmission Line Mark Sullivan from NV Energy provided an update of the On Line Transmission Project. A request was submitted to the Public Utilities Commission seeking approval of a revised project plan, which included a well-tested technical solution to mitigate the windinduced vibrations to the tubular guide V structures. That solution was to retrofit the V structures with helical straights to break the wind up and reduce the vibration to a tolerable amount. A revised budget plan was also submitted as well as a revised schedule with a start date of January, 2013, and a finish date of December, Mr. Sullivan thought a decision would come sometime in December of this year to move forward next year. 4. For Possible Action - Approval of Minutes of the Board of County Commissioners meeting(s) for - NIA There were none. 5. Awards and Presentations 10:00 a.m. See 10:00 a.m. timed agenda item a. 6. Announcements (first) Commissioner Eastley read a statement from the Beatty Town Clerk regarding their town square and funding they received to complete that. She congratulated the Town Board and said she admired them for their perseverance and sense of vision. Commissioner Schinhofen said on November 24, 2012, there would be a Friends of the Library meeting at the Pahrump library and local authors would be selling books. Sam Merlino announced today was the close of in-office registration and her office would be open until 7:00 p.m. The mail-in voter registration closed on October 6, She said the sample ballots had gone out and asked people to call the office if they did not receive theirs. Mrs. Merlino advised early voting started Saturday and that Saturdays and Sundays were the best days to early vote. She asked everyone to show up to vote.

3 6. Announcements (first)-cont d. Page 3 Pam Webster informed the Board that Mark Haffield had resigned as IT director. He would stay through the first of the year and the recruitment process for his replacement had begun. Mrs. Webster reminded everyone the first meeting in November was the 9, not the 6th, and the entire full meeting would be held that day. The meeting date was moved to accommodate Election Day on the 6th 7. For Possible Action - Emergency Items This item was removed from the agenda. 10:15 a.m. Recess to the Nve County Board of Road Commissioners THE NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE BOARD OF ROAD COMMISSIONERS. THE BOARD OF ROAD COMMISSIONERS RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS. 27. Nuclear Waste Repository Project Office 27a. For Possible Action Discussion and deliberation to: 1) approve and execute a Memorandum of Agreement (MOA) between Nve County and Rockview Dairies regarding the construction of and payment for one monitoring well in Amargosa Valley; and 2) approve and execute two copies of Bureau of Land Management Right-of-Way Amendment Offer N N1, allowing Nye County access to the site at which the monitoring well is to be constructed. Commissioner Eastley made a motion to approve unless there were changes to the Memorandum of Understanding or if Levi Kryder had information he needed to present; seconded by Commissioner Schinhofen. Mr. Kryder said there were no additional changes or information to present at this time. Commissioner Eastley asked Darrell Lacy to let Steve Bradhurst know so CNRWA was aware of the location of another monitoring well to be included in the comprehensive plan for the hydrographic. The motion passed with 5 yeas.

4 33. Public Petitioners Page 4 33b. For Possible Action Discussion and deliberation on what needs to be done to bring the roads in Richland Estates up to standards in order for the County to consider accepting the roads. John Erbee said he lived in the Richland Estates Subdivision located off of Harris Farm Road. After Dave Fanning, Public Works Director, conducted an investigation of who had the responsibility for the three roads which served the subdivision, Mr. Erbee said he was told verbally that a decision was made that those roads were not installed to Pah rump road specifications so the town had no responsibility for the repairs. He asked what the specifications were and what needed to be done for the County to accept the roads. Mr. Erbee said similar roads in Comstock Park had been designated County roads and were maintained. He wanted the roads in Richland Estates defined the same as the roads in Comstock Park. Commissioner Eastley asked if Richland Estates was in one of the notorious areas with unstable soil. Mr. Fanning said it was. He also corrected Mr. Erbee in that he had never given any verbal direction that the roads were not built properly. Commissioner Eastley said that might have been her fault as she was under the impression they were not accepted into the County inventory because they were not built to County standards. Mr. Fanning said that was correct, but they were never offered by the builder either. An agreement to develop them was never entered into with the County, so there was nothing to go forward with to approve as a County maintained road. Commissioner Wichman asked if the ownership still sat with the contractor. Mr. Fanning said since there was no agreement he would assume it fell with the homeowners and the contractor. Commissioner Hollis asked if there was a subdivision map. Mr. Fanning said there were subdivision maps, but there was no agreement between that developer and the County. Commissioner Eastley asked if there was anything in the Code that required them to enter into an agreement with Nye County. Mr. Fanning said there could be, but it was never done. Commissioner Hollis asked Steve Osborne from Planning if they entered into a subdivision. Mr. Osborne said he did not know the background but would be glad to research it. He said normally a subdivision improvement agreement was done and since this was built in 2005 he was not sure why there would not have been one. Commissioner Hollis asked if the roads were outlined on a subdivision map. Mr. Osborne said they were.

5 Page 5 33b. For Possible Action Discussion and deliberation on what needs to be done to bring the roads in Richiand Estates up to standards in order for the County to consider accepting the roads.-cont d. Commissioner Hollis asked why the County would not have required them to enter into an agreement on the roads if they did a subdivision map and the roads were on the map. Mr. Osborne said he did not know but would be happy to research it. Mr. Fanning noted the maps went back to 1965 and beyond. The County used to accept them and those were the corrections they were trying to make right today. Commissioner Hollis felt the County needed to find a solution to make this right for the residents. Brian Kunzi said there was a subdivision map recorded for this property and there was an offer of dedication of the roads as a public right-of-way that appeared to have been accepted. He explained when a subdivision map with roads on it was accepted those roads came under the control of the County, but it did not mean the County had an obligation to maintain them. Accepting a map with a dedication of a public right-of-way simply meant the public had the right to use those roads. Easements could be put in, but it did not obligate the County to maintain them. Mr. Kunzi further advised that research showed the roads in Richland Estates had been designated as minor County roads, which meant the County had no obligation to maintain them. He said this could be reversed at any time by the Commissioners, but then the legal responsibility of maintaining the roads and bringing them up to Code would be assumed. He said the condition of the roads compared to the County s standards needed to be determined and then the Commission could be educated on what would need to happen in order for those roads to be brought up to Code to avoid the assumption of liability for sub-standard roads. Commissioner Hollis said he understood, but this had been going on for years and was still not straightened out. He said this was in his district and something needed to be done to make this right. He would stand with the citizens of Richland Estates. Commissioner Schinhofen thought staff needed to be directed to bring something forward to show the cost so something could be done, which he believed Mr. Fanning was doing. Commissioner Eastley was also supportive of the residents of Richland Estates, but noted there were laws on the books under which the Commissioners made decisions and the reason they were there was to protect the taxpayers and the revenues they paid to Nye County. She said this was not a simple maintenance issue. She would like nothing more than to have the money to fix this, but was not sure anything could be

6 Page 6 33b. For Possible Action Discussion and deliberation on what needs to be done to bring the roads in Richland Estates up to standards in order for the County to consider accepting the roads.-cont d. done short of tearing up the roads, hauling in the materials necessary, doing the compaction necessary, and then rebuilding them. Mr. Kunzi said this was the first time he had heard of a subdivision agreement and his office would look and see if there was one. If something was in breach under that agreement maybe the County could do something. Mr. Fanning stated the original builder had done a soils report on the ground and that report dictated what paths and conditions the roads would be built to. It did not come from him. He said he was working on a cost report to bring back to the Board. Commissioner Hollis asked who did the soils report. Mr. Fanning said it was Nevada Geotech. Mr. Erbee felt if a subdivision like this which was intended to be the future of Pahrump was left to deteriorate it would discourage future interest in the Town of Pahrump. Commissioner Eastley asked Commissioner Hollis if he would follow up on this and with Mr. Erbee. Commissioner Hollis said he would. Commissioner Hollis was not present. 9. Consent Agenda Items These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. 9a. For Possible Action Discussion of any item from the Consent Agenda Items that needs review before a de cision is made. 9b. For Possible Action Approval of Elected Official Collection Report

7 Page 7 9c. For Possible Action Approval of Assessor s Office Change Request 9d. For Possible Action Approval of Personnel Actions 9e. For Possible Action Approval of Change Order No. 6 to the existing contract with George Benesch, Attorney at Law! to provide legal services regarding water matters for the County and is budgeted in Fund General. 9f. For Possible Action Approval to pay two (2) Medical Indigent inpatient hospital bills each in excess of $12, and is budgeted from Fund Indigent. 9g. For Possible Action Approval to select PAPE Machinery as the lowest most responsible and responsive quote for a Kubota Vi 505 engine and is budgeted from Fund Road. 9h. For Possible Action Approval of Change Order No. 1 to the contract with Wulfenstein Construction! Inc. on the SR 160 and Dandelion road improvement proiect to reflect the actual bid schedule quantities needed and results in a reduction of $61, in the final contract amount. 9i. For Possible Action Approval to select In-Situ, Inc., a participating vendor in the GSA Schedules program, to purchase three Level Troll pressure transducers and associated cabling, necessary for support of upcoming drilling and pump testing activities and can be funded from Fund Grants.

8 Page 8 9j. For Possible Action Approval to accept the State of Nevada. Office of Criminal Justice Assistance Grant. There is no match required. This grant will provide for two livescan fingerprint machines, two printers, two monitors, installation and training on the machines. This grant shall be administered from Fund Grants. 9k. For Possible Action Approval to donate an out of date Live Scan Fingerprint Machine TP3100ED (model R), Printer Lexmark T640, desktop computer, monitor and printer to the Nye County School District. 91. For Possible Action Approval to select Fashion Floors and Windows as they have the only viable quote to remove and dispose of old carpet and install and glue down new carpeting with carpet base at Clerk s Office in Tonopah which is not budgeted but can be funded from Fund Capital. 9m. For Possible Action Approval to purchase a 2012 Dodge x2 cab/chassis diesel/6speed automatic from Carson Dodge utilizing the State of Nevada Purchasing contract, which would then be coupled with existing modular box from current transport vehicle and is not budgeted but can be funded from Fund Capital. 9n. For Possible Action Approval to select Fashion Floors and Windows as they have the only viable quote to take up existing vinyl, prep floors to receive new flooring_and_install floor with cove base at Nye County detention kitchen in Tonopah which is not budgeted but can be funded from Fund Capital.

9 Trust (PACT) Stryker EMS Equipment Grant for five (5) Stryker Power LOAD cot installation. This grant will be administered from Fund Grants and has a match which is budgeted from Fund Ambulance and Health. fastening systems and two (2) Stryker Power-PRO ambulance cots including 9o. For Possible Action Approval to accept the Public Agency Compensation Commissioner Hollis was present. 26a. Report on status of communications system 19, 2013 and on September for the road events held by Silver State GSA Schedules program, for new dispatch workstations for the Pahrump 9r. For Possible Action Approval of a Memorandum of Understanding with 26. Information Technology 9s. For Possible Action Adoption of Nye County Resolution No : a rights-of-way and retaining their designation as minor county roads. Resolution accepting previously rejected offers of dedication for county road Hangar located at the Tonopah Airport. Tonopah Historic Mining Park Foundation for storage and access to the TAAF Prolects. Dispatch Center and is not budgeted but can be funded from Fund Capital 9g. For Possible Action Approval to select Xybix. a participating vendor in the Classic Challenge. 9p. For Possible Action Approval of the closure of State Highway 318 on May Page 9

10 Page 10 26a. Report on status of communications system-cont d. Mark Hatfield, Director of IT, updated the Board on the Nye County radio system. He began by explaining narrowbanding was an effort to ensure more efficient use of the VHF and UHV spectrum. Narrowbanded channels allowed more channels, which was the future. He said $80, worth of equipment was needed and every radio would have to be reprogrammed to meet the January 1, 2013, deadline set by the FCC. Mr. Hatfield advised the new radio system was the trunked radio system turned on last year. In 2005 Nye County entered into a $3.6 million contract with Motorola to purchase the system. In 2007 a $327, change order added the Smoky Valley site to the system. In 2006 a $2 million contract was entered into with Harris Microwave System to purchase the microwave system which connected the mountaintops together. Commissioner Eastley asked how much of the equipment was now outdated. Mr. Hatfield advised all of the equipment was end of life. Commissioner Wichman asked if both the Harris and Motorola systems were no longer supported and obsolete. Mr. Hatfield said they were end of life, meaning if the County wanted to put the exact same system in Gabbs today it could not be done because the equipment was manufacturer discontinued end of life. Mr. Hatfield stated the vision of the trunked system would be County-wide coverage and anyone in the footprint of that system should be able to talk to anyone else in the footprint of the system. The system was installed in Pah rump, Beatty, Smoky Valley, Tonopah, Amargosa, and Warm Springs and a deputy in the footprint should be able to talk to another deputy, but that did not happen. Mr. Hatfield advised the system in Pahrump did not work well at all due to harmful interference and some background noise. The radios operated on the VHF radio frequency, so portable radios had very poor coverage in Pahrump and there was no inbuilding coverage at all. In February the County was loaned MHz radios to see if the coverage would be better and it was. The Southern Nevada Area Communications Council (SNACC) now said the County either had to pay for the radios it had been using on the system or turn them off. Mr. Hatfield noted that Motorola had said the system would never work in Pahrump the way the County thought it would. Commissioner Eastley asked why Motorola did not inform the County of this when the County purchased the product with the understanding it would be uniquely suited to the County s communications needs. Mr. Hatfield said they did advise the VHF radios would be problematic in Pahrump and that it was not a good choice. He said the certificate of completion from Motorola stated that it was concluded and communicated to Nye County that the VHF trunked system would cause interference that could have an impact on the operational functionality of the system and they recommended against installing the VHF system. On August 21, 2007, Nye County signed off that they had been notified and advised that this would be problematic and went with it anyway.

11 26a. Report on status of communications system-cont d. Page 11 Commissioner Borasky said Mr. Haffield kept saying Nye County, but he wanted to know who in Nye County. Mr. Hatfield said the document was signed by Lieutenant Jack Hennigan and Sheriff Tony DeMeo. Sheriff DeMeo advised he just did a radio check through the County and got every officer so for Mr. Hatfield to say that he could not get a hold of anyone on the trunked system right now was incorrect. Mr. Hatfield noted the trunked system in Tonopah was physically turned off and powered down. Sheriff DeMeo responded if that was the case all someone would get was a tone. He said there was no tone and he could have Tonopah dispatch play back the tape. Jack Hennigan clarified that some difficulties were encountered in some buildings. While they were working with SNACC at the time to put in an 800 MHz repeater on the west tower, he was approached by Motorola who said they had some 800 MHz radios they could loan to the County to see how they worked. Mr. Hennigan said he asked if there was a time limit and was told there was no limit because the radios were not being used. He said this was the first time he heard of a time limit. Mr. Hatfield stated the problems in Pahrump were identified early on with the VHF radio system and the 800 MHz radios had been used since February. SNACC contacted him and told him to either pay for them or turn them off. He explained that paying for them meant a $1, affiliation fee to join the radio to the system and then a fee of $ per year per radio payable to SNACC to use them on their system. He said it would cost about $80, a year to use these radios. Commissioner Eastley asked if Mr. Hennigan got the radios from Motorola. Mr. Hennigan said he did. Commissioner Eastley then asked why some type of a memorandum of agreement or understanding or invoice had not been received for the Board to vote on to accept the financial obligation. She also did not understand where Motorola fell into the SNACC situation because Motorola was a vendor. Mr. Hennigan said Motorola was a very strong player with SNACC and basically SNACC put in the 800 MHz repeater, brought the radios out and said to give it a try. He said there was no talk of finances, just how long the County had to use the radios. Commissioner Eastley asked if they were now presenting the County with a bill. Mr. Hatfield said he had one and the fee to use the VHF system was $60.00 per radio for the year. They also wanted to bill for the MHz radios the County had used on their system since February without paying the user fees as they did not think it was fair that the County had not paid the fees that everyone else paid. Commissioner Eastley asked where the contract was. Mr. Hatfield explained a five year agreement was executed in 2006, which expired.

12 26a. Report on status of communications svstem-cont d. Page 12 Commissioner Eastley asked if the use of the 48 radios was included in the contract that was signed in Mr. Hatfield said it was not. He explained Las Vegas loaned them to the County to see if they were any better and based on that test the decision would be made to move forward or not. Mr. Hennigan thought the radios came from Motorola and had no idea they belonged to Las Vegas. Brian Kunzi asked if the invoice was for future use or past use. Mr. Hatfield said it was for FY2O1 3 and they billed on a fiscal year so it was for their fiscal year starting July this year. He noted that the County did not have to pay for them. They could be turned off and not used. Mr. Hennigan explained one problem occurred when the town tower was blown over and the repeater on that tower went down. The repeater was moved to the television station and monthly rent was paid. Once the west tower was built on the west side, the repeater was moved over there to eliminate the rent payment, but that resulted in very poor coverage inside the buildings down Highway 160 because of the construction of the buildings. He said when this original package was approved that tower was standing, there was a repeater on the east side, and there were no difficulties. Sheriff DeMeo said it was simulcast, meaning two towers received the signal, so there was coverage, but there was also interference. Like Mr. Hatfield identified, there was a lot of noise from the electrical transmission lines, but that problem did not exist with the original tower. Sheriff DeMeo said he remembered the radios coming in and also assumed that Motorola owned them. Mr. Hatfield restated the VHF did not work well in Pahrump and Nye County was told this would be problematic, but the County went forward anyway. He said a decision needed to be made if the County wanted to keep them, understanding that they did not work anywhere else in the County. Commissioner Wichman asked if they could be made to work. Mr. Hatfield said an 800 MHz system would need to be installed. He said the first part would be to pay the $80, to activate them, and the second part would be the purchase of the radios, bringing the total to $280, He was not sure if Las Vegas would give the radios to the County as surplus equipment or if they could be obtained at auction. Mr. Hatfield said the trunked radio system had never been turned on in Amargosa. Nye County was responsible for obtaining and licensing the radio frequencies for the system, but the frequencies in Amargosa were in direct conflict with the Pah rump frequencies and shut down the Pahrump system. He said it would take about six months and $10, to fix that problem.

13 26a. Report on status of communications system-cont d. Page 13 Commissioner Eastley asked how the frequencies were selected. Mr. Hatfield explained the process was to first apply to the FCC. Frequency coordination would then occur where interference was looked for and then frequencies were assigned. Commissioner Eastley asked if the FCC would have selected the frequencies if the County used the frequency coordination process. Mr. Hatfield said they did, but it was on the County to make sure they worked and since the same frequencies that were in Pah rump were assigned to Amargosa it was never going to work. He said new frequencies were needed and the electronics rebuilt, which could require shipment back to the manufacturer, which was why it was estimated at $10, In Beatty, Mr. Hatfield explained the problem was the microwave link, not so much the radio system, and that it was the most unreliable link in the whole system as it went down on a regular basis. He said when it went down Beatty dispatch was cut off from the system. The firmware and software on that equipment had been updated, but that did not seem to fix the problem and the microwave link may have to be replaced. Motorola told him it would be in the area of $80, to replace it and it cost $96, to lease the site the tower sat on. Sheriff DeMeo stated the antenna at the Beatty site was installed by Harris when they did not know how the microwave system would be a backbone for Nye County. He thought possibly some frequency reprogramming was needed. He explained the reason they went VHF was because to go to 800 MHz required more repeaters than the VHF system and the conversion to VHF cost well over $10 million in 2003/2004. The County did not want to do that. Sheriff DeMeo said the 800 MHz service would be hit and miss in the County because of the topography. Mr. Hatfield explained that in Tonopah the trunked radio system was located on Mount Brock and it was part of the County s responsibility to pick adequate antenna structures so Motorola and Harris could mount their equipment. The antenna was originally mounted on a telephone pole which fell over. The antenna was moved to a second telephone pole and fell off of that. Motorola would come back and remount the antenna, but the County had to provide an adequate antenna structure, which would cost approximately $20, He said the trunked system in Tonopah was not turned on and was physically powered off. Mr. Hatfield stated the County paid the State about $1, a month to lease the space, but there was also a radio frequency problem in Tonopah just like in Amargosa Valley. When Nye County got the radio frequencies they conflicted with other frequencies on the mountain. New frequencies would be needed along with frequency coordination and the equipment rebuilt. It would take about six months and $10,000 to do that.

14 26a. Report on status of communications system-cont d. Page 14 Mr. Hatfield said the Montezuma site between Goldfield and Tonopah was also a questionable area with poor coverage. Apparently that was not the original site recommended by Motorola. It would cost about $50, to move the site per Motorola if a better location could be found. It currently cost $1, a month to stay on the site. Commissioner Eastley asked if there were agreements and if they were renewable yearly as she did not recall approving them yearly. Mr. Hatfield explained the rates were set in the Nevada Revised Statutes and the County was just billed for the new fiscal year. Mr. Hatfield noted the County rented space in six different locations. Commissioner Eastley did not remember seeing any of those lease agreements and asked Pam Webster to get them for her. Mr. Hatfield said the Smoky Valley site was located at the Hadley Substation and the coverage was poor once away from Hadley and inside buildings. He explained it should be at a higher location to provide better coverage and Shoshone was a possible location, which was a conventional site. He said Motorola would be happy to move it, but Nye County would be responsible for site selection and it would cost $50, to move it. Mr. Hatfield explained the conventional radio system was the old system which consisted of base stations and repeaters located in buildings or on mountaintops throughout the County, but a deputy in Pah rump could not talk to a deputy in Tonopah. Conventional systems provided coverage only in their own general area. New antennas and antenna lines were needed on the various sites where the conventional radio systems were found. Alternators also needed to be hooked up. Mr. Hatfield said John nie was a BLM site and a conventional repeater site. The lease expired in January, 2012, and the site needed to be moved into the new facility constructed there by BLM. The State would allow the County to move in to their facility, but it was forecast that the lease payments would be $1, a month along with the cost of moving the repeater. Commissioner Hollis asked if anybody else s equipment was on the County s sites. Mr. Hatfield said he was aware of two other vendors that had equipment on the sites, one of which was Utilities Inc. It was explained to him that they were given a ten year lease and in exchange they put a chain link fence on the site. Commissioner Eastley noted that no one could enter into any kind of a contractual agreement with anyone except the Board of Commissioners.

15 26a. Report on status of communications system-cont d. Page 15 Mr. Hatfield said Air Internet, a local internet service provider in Pahrump, also had equipment on a site. They were doing tower maintenance and changing light bulbs in exchange for the use. Mr. Hatfield advised the cost to repair the Johnnie site would be about $24, Mr. Hatfield explained the Gabbs site on Pilot Peak needed a new tower, antenna and antenna line, the cost of which was unknown but estimated to be in the $50, range. It was currently solar powered, but there was a mountain range in the way so there was no microwave link and no connectivity to put one out there. In summary, Mr. Hatfield advised the conventional radio system would need about $40, in new equipment and $60, in repairs to bring it back to full operation. As far as Skull Mountain, Mr. Hatfield said the Nevada National Security Site would allow Nye County to install an additional conventional repeater site there, but it would need to be added to the FCC license and $6, in new equipment was required. However, it would provide some better coverage in Amargosa. Regarding staffing, Mr. Hatfield said two full-time positions were needed. As to interoperability issues, Mr. Hatfield said there was no interoperability with the Nevada Highway Patrol, NDOT, Las Vegas Metropolitan Police Department, Nevada National Security Site, or Duckwater Police Department. He said the State had decided not to narrowband so there would also be no communication there. Commissioner Eastley asked when the State would discontinue narrowbanding. Mr. Hatfield said it would be at the end of this year. Commissioner Hollis asked if the radios would work at the new jail facility in Pahrump. Mr. Hatfield advised the VHF radios did not work in the jail, but the 800 MHz radios did. This would be a safety issue for the deputies working in the jail. Mr. Hatfield stressed that narrowbanding had to be done and they would start in Beatty since it was a smaller operation and they could see what kind of problems were going to be encountered. He said the radio coverage after narrowbanding would reduce about 30%. Commissioner Eastley said this was not a solution, just good money after bad since they were not going to support it or maintain it and the County had no reasonable expectation of being able to purchase additional equipment or components to maintain it itself. Mr. Hatfield said the County currently paid $173, a year under a maintenance agreement, so if something were to happen to the system they would

16 26a. Report on status of communications system-cont d. Page 16 come out and work on it, but the equipment or components for it could no longer be purchased and items could not be replaced under the maintenance agreement. Mr. Hatfield provided the Board with options, the first of which was to turn the trunked system off and return to the conventional system. This option would save approximately $225, annually. The communications within the footprint of the trunked system would be lost, but the savings could be invested in upgrading the conventional system. Sheriff DeMeo advised that the Las Vegas Metropolitan Police Department would eventually go to SNACC and SNACC was building a bridge to Reno. Right now rural agencies were trying to work with what they had. He said the trunked system translated other frequencies, which the conventional system could not do, so turning off the trunked and going conventional would basically isolate the County. Commissioner Wichman asked why cell phones could not be used. Mr. Hatfield stated the way the Sheriff s Office operated right now was not conducive to using cell phone technology. Mr. Hatfield said option two would be to join the State radio system, but that would require the purchase of all new radios at a cost of $1.2 million since it was a Harris system, not a Motorola system. Mrs. Webster asked if the $1.2 million included the EMS and Road Department radios. Mr. Hatfield said no. Each radio was about $3, to $4, Mr. Hatfield said option three would be to try to effect repairs on the trunked radio system. Motorola advised there would always be interference and suggested moving the Pahrump tower sites to obtain better coverage at a cost of $100,000.00, but there was no guarantee that this would provide better coverage. Pahrump could also just be switched to the 800 MHz for a cost of $360, or the whole County could change to 800 MHz for a cost of $3 million. Motorola had agreed to bring their engineers in at their cost and make recommendations on changes to the system. Commissioner Eastley asked if the State system would accept the County. Mr. Hatfield said they would as it would be to their advantage if the County used their system and paid the annual subscriber fee. Mr. Hatfield felt this was the better option. Mr. Hatfield said he had been working on identifying, prioritizing, and listing the issues with the radio system. He said he would have various agenda items because there were a lot of things needed to fix the system, but the Commissioners had the option to not put any more money into it.

17 Page 17 26a. Report on status of communications system-cont d. Commissioner Schinhofen asked that a proposal to join EDACS be brought forward to see where that would take the County. The Board was in recess until 2:30 p.m. 11:00 a.m. Planning, Zoning, and Building Items 1. Ex Parte Communications and Conflict of Interest Disclosure Statements Commissioner Borasky said he had a casual conversation with Mr. Mitchell yesterday. Commissioner Eastley said the property owner contacted her and shared some information about the ownership of the property and what would happen if this item was not overturned. She was not sure if that was ex parte or not. Commissioners Wichman, Schinhofen and Hollis said they had been contacted as well. 2. Action - Public Hearing, discussion, deliberation and possible decision on the following Planning and Zoning matters: 2a. For Possible Action AP : Appeal of the Pahrump Regional Planning Commission s decision to disapprove a Conditional Use Permit for an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers, Ligers) on an acre parcel, located at 6061 N. Woodchips Road. further described as Parcel 4 of File Map # Raymond Mielzynski Property Owner. Karl Mitchell Appellant. AP# Commissioner Wichman opened the public hearing. Tom Waters saw no reason why this permit should be disapproved. He fully supported it after walking around the facility and seeing what was in there. He said there were a number of exotic animals in Pahrump and if they were approved there was no reason this should not be approved also. Jim Petell said he had lived in the area for 18 years and there was no reason to discontinue this operation as an animal sanctuary due to the fact that no one had a right to complain as they did not live near it. He felt safe and asked the Board to allow Mr. Mitchell to continue with his sanctuary. Dr. Adam Hadland, Karl Mitchell s veterinarian, said he had been to the property on various occasions for veterinary care and animal control issues and was not sure why the Regional Planning Commission (RPC) did what it did. He had never had a negative experience at the sanctuary or felt he was in fear. The animals were housed in a safe environment and were in a good location as far as Pahrump. He felt a lot of the people

18 Sanctuary containing Special Conditions Animals (Bengal Tigers, Ligers) on an Commission s decision to disapprove a Conditional Use Permit for an Animal 2a. For Possible Action AP : Appeal of the Pahrump Regional Planning 11:00 am. Planning, Zoning, and Building ltems-cont d acre parcel, located at 6061 N. Woodchips Road, further described as Parcel 4 of File Map # Raymond Mielzynski Property Owner. Karl Mitchell were against it due to a lack of knowledge and fear. He had seen no sign of aggression overturn the decision as it was a good thing for Pahrump as far as exposure for exotic animals. Vicky Parker, Chair of the Town Board and a member of the RPC board, said she had the only vote that was in favor of Mr. Mitchell. She had personally inspected the the individual cages, and there was a fence on the perimeter. She said there were that the conditional use would not be a substantial improvement to property in the immediate vicinity and to the community as a whole. She said this was the only time denial. She felt this was more a personal issue rather than a land use issue and Harley Kulkin asked the Board to have a more professional view of the situation than the RPC did and allow Mr. Mitchell to move forward. that there were no benefits to the community. Mr. Mitchell had a contract with Landfill Diversion Innovations, a green organization for waste management of meat products. Mr. Bushko drove for this company and delivered meat products to Mr. Mitchell for his animals. He supported the Board overturning the RPC s decision. said it should have failed and then been appealed to the Board in July. Mr. Kunzi said he determined it was in fact a denial. He also advised that the petitioner asked the RPC to reconsider their denial once they had replaced a member. At that second hearing it a packet of information from PETA which indicated that Mr. Mitchell had a lengthy and disturbing history of failure to comply with the Animal Welfare Act. In April, 2001, his USDA license to exhibit exotic animals was revoked and he was fined a substantial Commissioner Eastley advised she had received several s on this issue, including Commissioner Eastley asked Brian Kunzi about the procedure for a tied motion. She was denied 5-1. Commissioner Wichman closed the public hearing. John Bushko volunteered at Mr. Mitchell s facility and was bothered by the statements stressed this needed to be looked at as a land use issue. premises and found the animals were individually caged, there was a fence around all several reasons given by the RPC as to why this was not approved, one of which was since she had been on the RPC that condition had ever been cited as a reason for and the animals were healthy and well taken care of. Dr. Hadland asked the Board to Appellant. AP# Cont d. Page 18

19 11:00 a.m. Planning, Zoning! and Building ltems-cont d. Page 19 2a. For Possible Action AP : Appeal of the Pahrump Regional Planning Commission s decision to disapprove a Conditional Use Permit for an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers, Ligers) on an acre parcel, located at 6061 N. Woodchips Road! further described as Parcel 4 of File Map # Raymond Mielzynski Property Owner. Karl Mitchell Appellant. AP# Cont d. amount of money. She said it happened again in 2009 and Commissioner Eastley personally had very strong opinions about this, but said all she could do was look at the planning codes and the ordinances in place and make a determination as to whether this was a compatible land use. Mr. Kunzi stated this was solely a land use question, not an enforcement question. If Mr. Mitchell was not in compliance with the federal regulations, County ordinances or State laws, those were enforcement issues that would be dealt with. He added that when the Board looked at land use, previous uses permitted had to be considered. Commissioner Borasky asked Mr. Mitchell if he was currently complying with all federal, state and local regulations. Mr. Mitchell said he was. Commissioner Borasky asked Mr. Mitchell if he had the proper licensing and everything else he was supposed to have. Mr. Mitchell said he did. He stated the County Code was based on the federal law and he had an inspection report from animal control that they were in accordance with the current Code. He said the only thing they did not have was this conditional use permit. Commissioner Borasky asked Mr. Mitchell if he had the permits and licenses with him. Mr. Mitchell said he did not, but Vance Payne of Public Safety had seen them. Commissioner Borasky asked if anyone advised Mr. Mitchell to go to this property from his previous location. Mr. Mitchell said they were advised that it was outside the RPC and was open use land, which turned out to not be so after they were already situated there. Commissioner Schinhofen said this had to be decided based on whether it fit the zoning. The s received had reflected many people who owned property next to this were not in favor of it because they were afraid their values would go down. Mr. Mitchell explained the only owners adjacent to his property were owners of unbuildable quarter acre lots who had less right to argue about property values since they bought property that was not worth anything anyway and would never be worth anything. Commissioner Schinhofen said he was inclined to allow the use, but his real concern was in the conditional uses where it said Mr. Mitchell had to have all state and federal licenses. He noted Mr. Mitchell s web site indicated visitors could pet the tigers, but the

20 Sanctuary containing Special Conditions Animals (Bengal Tigers, Liciers) on an Commission s decision to disapprove a Conditional Use Permit for an Animal 2a. For Possible Action AP : Appeal of the Pahrump Regional Planning 11:00 a.m. Planning, Zoning, and Building ltems-cont d acre parcel, located at 6061 N. Woodchips Road, further described as Parcel 4 of File Map # Raymond Mielzynski Property Owner. Karl Mitchell USDA s handling regulations prohibited the exhibition of animals without sufficient Mr. Mitchell explained his sanctuary was private, not open to the public. The facility was primarily a humane shelter, which did not require a federal permit in order to exist. He said the web site was educational and informational. Mitchell said it was a donation fee, not a charge, and it was put on the web site to stop the phone calls and s due to the national and international notoriety his facility had received. Kunzi said they were required by the Nevada Revised Statutes. conditional use not being hazardous or disturbing to existing or future neighboring uses and the conditional use may be a substantial improvement to the property. Mr. Kunzi recommended incorporating as a basis of the findings the staff opinion as initially submitted to the RPC under items 3 and 4. Borasky and Hollis voted no. conditional use permit. If it was violated, the permit went away. Mr. Kunzi stated the Board had to affirm, modify or reverse the decision of the RPC and were imposed. original staff recommendations; seconded by Commissioner Eastley; 5 yeas. Commissioner Schinhofen made a motion to impose the conditions set forth in the needed a second motion that the conditions as set forth in the staff recommendation Commissioner Schinhofen reminded Mr. Mitchell that there were conditions to the Commissioner Schinhofen made a motion based on staff s recommended findings under items 3 and 4; seconded by Commissioner Eastley; 3 yeas. Commissioners Commissioner Schinhofen made a motion to overturn the RPC decision based on the language came from. Mr. Osborn advised all eight findings were from the Code. Mr. Commissioner Wichman asked Steve Osborn where the substantial improvement Commissioner Eastley questioned the charge which was shown on the web site. Mr. distance and/or barriers. Commissioner Schinhofen wanted to be sure Mr. Mitchell understood that if the USDA deemed he could not do this the permit went away. Appellant. AP# Cont d. Page 20

21 28. Planning/Building Page For Possible Action Discussion and deliberation to: 1) set a date, time, and location for a public hearing on Nye County Bill No : A Bill proposing to amend Nye County Code the Division of Land Within the Pahrump Regional Planning District, by amending Article VIII Improvement. Maintenance and Warranty Guarantees for the purpose of providing the Pahrump Regional Planning Commission with the authorization to approve partial releases of financial security for completed improvements (e.g.. water/sewer lines, streets, etc.), providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) reading of the title of the Bill into the record. Commissioner Eastley proposed Bill No and made a motion to set the public hearing for November 20, 2012, at 11:00 a.m. at the Commission Chambers in Pahrump based on staff recommendation; seconded by Commissioner Borasky; 5 yeas. Commissioner Eastley read the title of the bill into the record Report regarding the International Property Maintenance Code George Bernath, Code Compliance Supervisor, explained Section of the International Property Code said all premises and exterior property shall be maintained free from weeds and plant growth in excess of a height to be determined by the jurisdiction, but the reference to height was not adopted by the Board. It was his interpretation that the height in inches corresponded to plant growth, not weeds because weeds were a nuisance. Bob Little said he was the one who started this because a widower from Fultonville, NY, received a letter on her vacant piece of property. He thought it was wrong for her to be fined $1, a day. Commissioner Wichman asked if complaints were received on this property. Mr. Bernath said they were. Darrell Lacy clarified that the Nevada Fire Marshal adopted the International Building Code, the Fire Code, and the Mechanical Codes. The State then also adopted the Energy Codes. When the State adopted them the County was required to incorporate them also, but they were not adopted.

22 obtain power by local governments to use tax incentives for the financing of funding efforts to support development of BDR and any necessary legislative activities. economic development projects; and discussion and possible decision on 1:30 p.m. For Possible Action Presentation on Bill Draft Request seeking to The reason for starting in Nye County was because of the existing example of Front Robert List said their proposed legislation could provide an economic development opportunity in the County. He was approached several weeks ago and asked for legislation would enable a county or municipality to create an economic zone where He stressed this would not take away any money currently in the tax base as the only county would be authorized to establish the zone and create the board that would run it this had been done successfully in other areas in the country. Mr. List stated they were not here to seek consideration for the Front Sight project. They were asking for the Board s support to enable them to move forward with legislation that would allow counties and municipalities to set up zones of this type. The Front Sight project would be considered after the legislation was approved. NACO was not used as a vehicle to support the bill. Mr. List explained it began in this valley and they felt it would be a very good feather in the cap of Nye County to be the originators of a positive program to help all of rural Nevada. He said they were going to go to NACO, but what they were asking for today in terms of support was seed money to get this started. Brian kunzi said this proposal was the BDR he had initially suggested the County different counties involved. The more counties that backed it would significantly reduce watch the County s back door on a multitude of issues. She said she would have a Guy Hobbs explained public finance law in Nevada evolved as circumstances dictated. Commissioner Eastley agreed with the merits of the bill, but the problem she had was huge problem supporting funding for something that NACO could do. she voted against providing almost the same amount of funding to Mark Fiorentino to the amount of money Nye County paid. consider. He said the cost could be up to $63,500.00, but they wanted to get all the issue since it could benefit more than one business in one county. She wondered why Commissioner Eastley asked why they approached Nye County and the Town of Pahrump for financial assistance as it seemed this should be debated as a State policy zone created specifically to help that enterprise or business. The municipality or the was currently unable to obtain financing through conventional means. He explained this bonds could be issued and paid for by new money brought in through a development. place that would be a source of revenue to pay off the bonds would be in that small and then turn it over to an entity in the district or zone to issue the bonds. Mr. List said assistance in raising capital to expand the local business known as Front Sight, which Page 22

23 Page 23 1:30 p.m. For Possible Action Presentation on Bill Draft Request seeking to obtain power by local governments to use tax incentives for the financing of economic development projects; and discussion and possible decision on funding efforts to support development of BDR and any necessary legislative activities.-cont d. Sight and he could see applications in the future in other rural areas. He said examples were needed as a way to offer the Legislature a reason to make changes in the law. Mr. Kunzi said he had not been silent on his criticism of spending $50, on a lobbyist that would do exactly what NACO did. Nothing that was ever spent on the lobbyist was ever targeted for Nye County. He explained this was fundamentally different because this would be a project for Nye County and would benefit the County directly. He felt spending this money on this one project, given the magnitude and nature of it, was exactly what the County should do and what a lobbyist should be hired for. Jeremy Aguero explained his job was to look at one particular example as a case study. He said the firearms industry was growing with a significant increase in firearms background checks and the highest rate since 1993 of homeowners owning guns. Front Sight was a weapons education center which had been in the community since 1996 and had the ability and desire to expand, which meant jobs, wages and salaries, and economic output for the community. This facility was one of the largest operatorowned facilities of its kind in the United States. Mr. Aguero gave an overview of the Front Sight facility. He said attendance had increased to 25,000 per year with over 24,000 trips generated. When that was translated into room nights occupied, it equaled 74,101 room nights occupied. He said this was a growing industry and Pahrump was in a good position to take advantage of it. Mr. Aguero further discussed the economic impacts, which included jobs and money generated in the community from the visitors, as well as the fiscal impacts as far as what Front Sight paid in sales tax, modified business tax, and property tax. There would also be construction impacts, with phase one putting about 350 people back to work. He said it would generate over 400 jobs and $38 million in total economic output. Mr. Hobbs said they were working with a number of units of government around the State, almost all of which were looking for tools to help create some kind of economic inertia in their communities and to grow their local economies. He explained permissive laws that allowed the use of innovative tools were needed as well as an application for those laws. Commissioner Eastley asked if this was like the STAR bonds from Washoe County. Mr. Hobbs said mechanically it was not exactly equal to the STAR bonds. He said you learn from what happened in other areas and that part of the opportunity here was to

24 activities.-cont d. obtain power by local governments to use tax incentives for the financing of funding efforts to support development of BDR and any necessary legislative economic development proiects; and discussion and possible decision on 1:30 p.m. For Possible Action Presentation on Bill Draft Reciuest seeking to develop the legislation in the right way to create opportunities for economic shown. She asked who would issue the bonds and who would control the proceeds. Mr. Hobbs explained that if this economic zone was created, it could be used for a project like Front Sight or elsewhere in the County and there would be a governing body. He had seen in the past where the county became the ex officio governing body. not they were driven by a master plan for that zone, which could be project driven, and usually criteria for projects for any type of zone were set up. thing. Mr. Kunzi said there was nothing in place in the State of Nevada to accomplish what was being discussed. Mrs. Webster said the concern was the guarantee for the debt service and not having to commit County resources for that debt service. She felt the presentation did not at a contract. Commissioner Hollis said it was because of the money the County had to 33. Public Petitioners-Cont d. NV between Pegasus Logistical Services, Ltd and Life Guard International. Inc. resolved. William Allen said an agreement was reached on what was owed and he was not aware of a lien on the hangar. Scoccia claiming he was placing a lien on the hangar and asked if that had been Commissioner Eastley said she became aware of an the contractor sent to Dr. agreement for property located at 362 Airport Road. APN Tonopah, 33a. For Possible Action Discussion and deliberation to authorize a sublease spend for communications and the other things it had to forego to get to a budget. Commissioner Schinhofen asked Commissioner Hollis why he was opposed to looking Commissioner Eastley made a motion to approve in concept; seconded by Commissioner Borasky; 4 yeas. Commissioner Hollis voted no. adequately portray the creative approach being discussed. Commissioner Wichman asked if there were already vehicles in place for this type of zones and hope that encouraged someone to come in. Mr. Hobbs said more often than Commissioner Eastley asked if it was project driven or if the County had to set up the Pam Webster said there was confusion because a business model had not been development. Page 24

25 Page 25 33a. For Possible Action Discussion and deliberation to authorize a sublease agreement for property located at 362 Airport Road. APN , Tonopah, NV between Pegasus Logistical Services. Ltd and Life Guard International, Inc. Cont d. Pam Webster said she had two copies of liens that were going to be filed. Brian Kunzi said he had not seen this until Friday and had some serious questions and problems. He explained there was nothing signed by anybody, but there was a use and occupancy agreement which was being called a sublease. The summary of terms was supposed to be incorporated, yet the authorization was for a month-to-month lease with the term renewable in one year options. Mr. Kunzi said there were too many errors in the contract for him to recommend the Board go forward. He recommended tabling this item until the next meeting. 10:30 a.m. Recess to the Nye County Licensing and Liquor Board THE NYE COUNTY BOARD OF COMMISSIONERS RESOLVED TO THE NYE COUNTY LICENSING AND LIQUOR BOARD. THE NYE COUNTY LICENSING AND LIQUOR BOARD RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS 9k. For Possible Action Approval to donate an out of date Live Scan Fingerprint Machine TP3100ED (model R). Printer Lexmark T640. desktop computer, monitor and printer to the Nye County School District.-Reconsidered. Commissioner Schinhofen made a motion to reconsider; seconded by Commissioner Borasky; 5 yeas. Brian Kunzi advised a resolution was needed, which had now been provided. Commissioner Eastley made a motion to adopt; seconded by Commissioner Schinhofen; 5 yeas. PUBLIC OFFICIALS 10. Assessor This item was removed from the agenda.

26 11. Board of Commissioners Page 26 ha. For Possible Action Closure of meeting, pursuant to NRS for purposes of conferring with the County s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 11 b. Closed meeting, pursuant to NRS for purposes of conferring with the County s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 11 c. For Possible Action Discussion, deliberation, and possible decision on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 12. Clerk This item was removed from the agenda. 13. District Attorney 13a. For Possible Action Discussion and deliberation regarding retaining Erickson, Thorpe & Swainston as counsel for handling of civil litigation pertaining to damages to Blagg Road. Commissioner Eastley asked why this was not put out to bid. Pam Webster explained it was a professional services agreement and did not need to be put out for bid. Commissioner Schinhofen made a motion to approve and authorize Brian Kunzi to sign; seconded by Commissioner Hollis; 5 yeas. 14. Recorder This item was removed from the agenda.

27 15. Sheriff Page 27 15a. For Possible Action Discussion and deliberation on approval to augment the Sheriff s Office budget from Contingency for establishing access to an Inmate Law Library to meet Federal and State guidelines for inmates access to law library materials. Commissioner Eastley noted there was no longer a law library in Tonopah because it was expensive and labor intensive. She asked if these kiosks were computer kiosks. Sheriff DeMeo said they were. Commissioner Eastley made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 16. Treasurer 1 6a. Treasurer s Report The report was in the backup. 17. Justice(s) of the Peace This item was removed from the agenda. 18. District Court This item was removed from the agenda. 19. Juvenile Probation This item was removed from the agenda. GENERAL NYE COUNTY ADMINISTRATIVE STAFF 20. County Manager 20a. Ongoing Proiect Report The report was in the backup.

28 Page 28 20b. For Possible Action Discussion and deliberation on approval of a letter of engagement with Kaempfer Crowell Renshaw Gronauer & Fiorentino as legal counsel for the purpose of assisting the County, as directed by the County Manager and District Attorney, in conducting negotiations and due diligence for the proposed purchase of Pahrump Utility Company, Inc. and is not budgeted but can be funded from Fund Special Proiects Endowment. Commissioner Hollis made a motion to approve. Commissioner Schinhofen asked if there was someone in the firm who had experience. Brian Kunzi said he had solicited names of people with utility experience and that this was a very good choice as he had some knowledge of them. The motion was seconded by Commissioner Schinhofen and passed with 4 yeas. Commissioner Eastley voted no. 20c. For Possible Action Discussion and deliberation to approve a lease agreement with Desert Flying Service for a portion of property located at the Tonopah Airport for the purpose of the Tonopah Airport Fixed Base Operations. The initial term of the lease is forty-nine (49) years. and may be renewed at the option of Company for up to two (2) consecutive periods of twenty-five (25) years each, after expiration of the initial forty-nine (49) years of the Term. Desert Flying Service will pay $ per month and revenues will be deposited into Fund Airport. Commissioner Wichman said there was no provision in the lease that provided for a periodic review to see if $ was appropriate. Pam Webster advised it increased 3% annually. Commissioner Wichman asked what the justification was for tying up County property. Commissioner Eastley explained someone had to be in radio communication with the pilots when they landed, pump fuel, and tell Public Works about snow on the runway. Mrs. Webster said the agreement could be modified to provide an annual review and suggested every five years. Commissioner Eastley said to reduce it to five years and that she also wanted an ironclad guarantee that someone would monitor this contract. Brian Kunzi asked if the Board wanted a five year term that expired, another five year extension, or just to have the agreement looked at it every five years. Commissioner Eastley said just to look at it every five years. Commissioner Hollis was not present. Commissioner Schinhofen made a motion to approve by amending the contract to five year terms; seconded by Commissioner Eastley; 4 yeas.

29 rodents, road to Health Clinic. Eye property including: pond maintenance, streetlights 1 holiday tree lighting, 20d. For Possible Action Discussion and deliberation concerning the Calvada Pam Webster advised maintenance of the ponds would cost $2, a quarter, a pest control company was working on the gopher issue at an hourly rate, and the issue with the streetlights was that there were no bulbs in the lights that came down from Highway 160 into the Eye. Bob Jones, Building and Grounds Supervisor, said he changed out all of the lighting fixtures within the Eye and hired a temporary employee who was also an electrician. They would start changing out all of the bulbs next week. He also reminded the Board Mrs. Webster said this would raise the electric bill because those lights were not lit right now and asked if the Board wanted to keep them lit all night. Mr. Jones said a timer could be added. Commissioner Borasky agreed and suggested having the lights on until midnight. Mrs. Webster said she was asked to address getting 110 to each of the trees so lights could be plugged in for Christmas. Mr. Jones said there was power in the middle of the field and was not sure what trees Commissioner Borasky wanted to light up. Mr. Jones thought he could easily do that. financial health of the County and whether or not there was adequate funding to maintain the proper staffing levels in various departments, but they were now discussing lights could be hung. pond needed to be addressed before it became a health hazard. Mrs. Webster said this was just informational and she would come back with a budget. 21. Emergency Services This item was removed from the agenda. 22. Facilities This item was removed from the agenda. Commissioner Schinhofen said he understood her concerns, but he thought the duck Commissioner Eastley noted the Commissioners continued to have concerns about the spending $8, a year to maintain duck ponds and run 110 outlets so Christmas she would bring a budget back for that and the other planned items. Commissioner Wichman asked about the road to the health clinic. Mrs. Webster said Commissioner Borasky said it would be to the light poles so they could be decorated. that he only had four maintenance men who did everything. Page 29

30 23. Finance The report was in the backup. 23a. General Fund Cost Performance Report on staff recommendation and authorize execution of a contract; seconded by 22IPWP #NY Gabbs Water Tank Relining. The project is to be funded contract; seconded by Commissioner Schinhofen; 4 yeas. Schinhofen; 4 yeas. The report was in the backup. 24. Health & Human Services This item was removed from the agenda. 25. H/R and Risk Management with the conditions of advertising in-house only which will lessen the financial impact Commissioner Schinhofen made a motion based on staff recommendation to approve This is not budgeted but can be absorbed from Fund General. create and authorize the advertising and filing of one B&G Maintenance Worker II. 25a. For Possible Action Discussion, deliberation, and direction to staff to 23e. Prevailing Labor Rates Analysis Commissioner Borasky made a motion to approve; seconded by Commissioner unbudgeted reguest by RSVP program. regarding use of General fund Pahrump senior nutrition budget to pay previously 23d. For Possible Action Discussion, deliberation, and direction to staff Commissioner Eastley made a motion to award to Olympus and Associates in the amount of $113, based on staff recommendation and authorize execution of a 23c. For Possible Action Discussion and deliberation regarding Bid # from Fund Grants. Commissioner Eastley made a motion to award to Ben Paul Construction, LLC based Commissioner Schinhofen; 4 yeas. from Fund Road. Tonopah Emulsion Tank Concrete Slab Construction and Installation. The amount of the bid is unknown at agenda deadline. The project is to be funded 23b. For Possible Action Discussion and deliberation regarding Bid # Page 30

31 seconded and analyze to determine if the vacancy resulting from the action needs to be filled; This is not budaeted but can be absorbed from Fund General.-Cont d. create and authorize the advertising and filing of one B&G Maintenance Worker II. 25a. For Possible Action Discussion 1 deliberation, and direction to staff to 29. Public Administrator This item was removed from the agenda. 30. Public Works Nye County Code by adding a new chapter requiring persons causing Board of Commissioners meeting in Tonopah; seconded by Commissioner Borasky; 4 10:45 a.m. For Possible Action Public hearing, discussion, and deliberation Brian Kunzi advised he had provided the Clerk with the proof of service that the owners of the property were properly notified of this meeting. small number of people and a public nuisance affecting the rights of the citizens as part of the public. She said for the Board to declare this as a public nuisance they had to find that this property affected a considerable number of people or an entire community or neighborhood. She could not tell from the picture if there were immediately adjacent neighbors. George Bernath from Code Compliance showed her another picture. nuisance was generally one of degree with a private nuisance affecting one person or a Commissioner Eastley said she understood the difference between a public and private Commissioner Wichman opened and closed the public hearing. located at 4080 W. Medicine Man Road, Pahrump, Nevada pursuant to NRS on a complaint alleging the existence of a nuisance Commissioner Eastley read the title of the bill into the record. yeas. Commissioner Eastley proposed Bill No and made a motion to set a time, date, and location of November 9, 2012, at 10:45 a.m. during the regularly scheduled other matters properly relating thereto; and 2) reading of the title of the bill into the record. excessive wear to public roads within Nye County to coordinate with the Nye location for Nye County Bill. No : a bill proposing to amend Title 12 of the County Road Department and remediate all damage caused to public roads; providing for the severability, constitutionality and effective date hereof, and 30a. For Possible Action Discussion and deliberation to: 1) set a date, time, and Page 31

32 Commissioner Eastley asked if this came about as a result of a complaint. Mr. Bernath said the property burned in 2001 and the first complaint about it was received in located at 4080 W. Medicine Man Road 1 Pahrump, Nevada-Cont d. pursuant to NRS on a complaint alleging the existence of a nuisance 10:45 a.m. For Possible Action Public hearing, discussion, and deliberation Borasky thought the County should stay with them. to be voted on, unless the Board wanted to give up the membership. Commissioner Commissioner Borasky stated that at the last quad-state meeting there was a suggestion to ask for an increase in the next fiscal year. He believed the County paid $1, or $1, right now and the increase would probably be to $2, He wanted to make the Board aware of that and asked Mrs. Webster to put it on an agenda yet the forms were still being used. Pam Webster said the forms would be taken down. Commissioner Eastley noted the law changed during the last legislative session and people who wanted to speak under public comment were not required to fill out forms topics/issues proposed for future workshops/agendas) 8. Commissioners/Manager s Comments (This item limited to announcements or future so the Commissioners could find the property. Commissioner Eastley requested that a map be provided on nuisance properties in the Commissioner Eastley asked if the resolution outlined the action to be taken if there was a failure to abate. Mr. Kunzi said if it was not abated in 30 days the County would clean Commissioner Eastley made a motion to declare this a public nuisance pursuant to Nevada Revised Statutes and to adopt Resolution No ; seconded by Commissioner Borasky; 4 yeas. said this was the first time. Commissioner Eastley asked if this had been before the Board previously. Mr. Bernath it. Mr. Bernath said that was correct. it up and assess the property for the cost. Commissioner Eastley asked if the prior District Attorney refused to take any action on Page 32

33 11. Board of Commissioners-Cont d. Page 33 1 if. For Possible Action Discussion and deliberation to set the date and location of the second meeting in January 2013 of the Board of Commissioners in Pahrump, Nevada. Commissioner Borasky said he was going to ask that beginning in January the Pahrump meeting start at 5:00 p.m. Commissioner Eastley advised him to include in the agenda item any additional costs. Pam Webster said the employees could stagger their time. Sam Merlino said that would be easy for some offices, but her staff was used for other things and it was very difficult to stagger. Mrs. Webster said the obvious issue would be staff on salary who would work all day and into the evening. Commissioner Eastley understood Commissioner Borasky in terms of making sure that community members had an opportunity to see the meeting, but she said a small consolation was that the meetings were recorded and could be watched on Granicus. Commissioner Borasky said that was true, but the problem seemed to be that they could not participate. He wanted to look at the numbers to see what they said. Mrs. Merlino thought her office would not have too much of a problem if there was a cut off time, like starting the meetings at 2:00 p.m. instead of 5:00 p.m. Working over a couple of hours might be more manageable. Commissioner Eastley asked Commissioner Borasky if he was getting a lot of complaints as she had not heard any. Commissioner Borasky said several people had asked him about it. Commissioner Schinhofen made a motion to set the second meeting for January 22, 2013, at 10:00 a.m. and have staff bring what it would cost in the future to do it at some other time; seconded by Commissioner Eastley; 4 yeas. fig. For Possible Action Discussion and deliberation to approve funding to complete the BLM land transfer for the Mt. Moriah Cemetery located in Manhattan. NV to Nye County. Commissioner Wichman said this was agreed to at an earlier Commission meeting, but a funding source was never established. Commissioner Eastley made a motion to approve up to $40, out of Capital; seconded by Commissioner Schinhofen; 4 yeas.

34 expiring terms. based on staff recommendation; seconded by Commissioner Eastley; 4 yeas. Commissioner Schinhofen made a motion to appoint Joni Eastley and Midge Carver members to the Central Nevada Regional Water Authority Board due to two (2) 11 h. For Possible Action Discussion and deliberation to appoint two (2) DeMeo regarding overspending of budget for fiscal year 2011-i 2. in the closed session to refer this matter to the Attorney General s Office for prosecution 31. Senior Services This item was removed from the agenda. OTHER BUSINESS 32. Town BoardslTown Advisory Boards This item was removed from the agenda. 34. GENERAL PUBLIC COMMENT (second) 35. ANNOUNCEMENTS (second) Vern Van Winkle said the Pahrump video was completed and would be posted for the Commissioners review before being released to the public. The top priorities for the 2012/2013 Western Interstate Region of National NACO were Commissioner Wichman went to the regional meeting as a representative of NACO. There was none. as a willful violation of NRS ; seconded by Commissioner Schinhofen; 4 yeas. Commissioner Eastley made a motion based on the evidence and testimony presented the applicable budget function in violation of NRS expending money or incurring liability in excess of the amounts appropriated for referral to the Nevada Attorney General for prosecution of Nye County Sheriff for lie. For Possible Action Discussion and deliberation regarding possible Commissioner Borasky made a motion to go into closed session; seconded by Commissioner Schinhofen; 4 yeas. 1 or the physical or mental health of Nye County Sheriff Anthony competence pursuant to NRS to consider character, alleged misconduct, professional lid. For Possible Action Discussion and deliberation to go into closed session Page 34

35 resources; sustainable natural resources; and recognizing that federal managed lands 35. ANNOUNCEMENTS (second)-cont d. a continuation of the federal revenue sharing payments to the counties from natural set with the top four of those being mandatory full funding for payments in lieu of taxes; were exempt from local taxation and fixing that. She said the fifth priority was to 36. ADJOURN Borasky; 4 yeas. APPROVED this ATTEST: Of,2013. Chair Nye County Clerk I Deputy Commissioner Schinhofen made a motion to adjourn; seconded by Commissioner reauthorize the farm bill. Page 35