NYE COUNTY. NYE COUNTY BOARD OF COMMISSIONERS MEETING Bob Ruud Community Center, Pahrump, NV TUESDAY, October 20, :00 AM

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1 NYE COUNTY NYE COUNTY BOARD OF COMMISSIONERS MEETING Bob Ruud Community Center, Pahrump, NV TUESDAY, October 20, :00 AM Joni Eastley, Chair Butch Borasky, Vice-Chair Gary Hollis, Commissioner Lorinda Wichman, Commissioner Fely Quitevis, Commissioner Sandra "Sam" L. Merlino, Ex-officio Clerk of the Board NOTE: Items on the agenda without a time designation may not necessarily be considered in the order in which they appear on the agenda. NOTICE: It is anticipated that the items of business before the Board of Commissioners on October 20, 2009 will be fully completed on those dates. However, should item(s) not be completed, it is possible item(s) could be carried over and be heard before the Board of Commissioners beginning at 8:30 a.m. on the next day. Public Comment during the Commission Meeting on October 20, 2009 will be for all matters, both on and off the agenda, and be limited to three minutes per person. Additionally, public comment of three minutes per person will be heard during individual action items. The Commission WEBSITE: reserves the right to reduce the time or limit the total time allowed for public comment. The Commission may prohibit comment if the content of the comments is a topic that is not relevant to, or within the authority of, the Commission, or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment on that item at the Commission meeting. NOTE: You will not be permitted to speak during Public Comment without completing and submitting the appropriate forms. Please fill out a HCitizen Inquiry formh for a general public comment or a HCitizen Input formh to comment on a specific agenda item located on the public information table Pursuant to NRS , the Agenda for the Commission Meeting has been posted at the following locations: Tonopah Convention Center, 301 Brougher Avenue, Tonopah, NV; U.S. Post Office, 201 Erie Main St., Tonopah, NV; Commissioners' Meeting Room, 101 Radar Road, Tonopah, NV; District Court, 101 Radar Road, Tonopah, NV; Pahrump Justice Complex, 1520 East Basin Road, Pahrump, NV; Bob Ruud Community Center, 150 North Highway 160, Pahrump, NV; Beatty Community Center, 100 A Avenue South Beatty, NV. Support documentation for the items on the agenda, provided to the Nye County Board of Commissioners is available to members of the public at the County Manager s Office (101 Radar Road, Tonopah, Nevada & 2101 Calvada Blvd, Suite 200, Pahrump, Nevada) and on the County s website. WEBSITE: The Nye County Board of Commissioners may take a short break every 1 ½ hours.

2 Joni Eastley, Chair Butch Borasky, Vice-Chair Gary Hollis, Commissioner Lorinda Wichman, Commissioner Fely Quitevis, Commissioner Sandra "Sam" Merlino, Ex-Officio Clerk of the Board NOTE: All times are approximate except for bid openings, public hearings, and any other items agendized at a specific time. Action may be taken on all items except where otherwise indicated. Items not scheduled for a specific time may be considered at any time and in any order. Special Note: Any member of the public who is disabled and requires accommodation or assistance at this meeting is requested to notify the Nye County Manager's Office in writing or call prior to the meeting. Please note: Blue text that is underlined indicates items are linked to supporting documentation. NOTICE OF TIMED AGENDA ITEMS 10:15 a.m. Recess to the Nye County Board of Road Commissioners (Agenda Attached) 10:30 a.m. Recess to the Nye County Licensing and Liquor Board (Agenda Attached) 10:45 a.m. Presentation of certificate and/or plaques to twenty one (21) employees honored for their years of service. 11:00 a.m. Planning, Zoning, and Building Items (Agenda Attached) NYE COUNTY BOARD OF COMMISSIONERS 1 Pledge of Allegiance 2 Action - Approval of the Agenda for the Board of County Commissioners' meeting of October 20, Action - Approval of Minutes of the Board of County Commissioners' meeting(s) for September 9, 2009 Teleconference; September 23, 2009 Special Meeting/Amargosa. 4 Awards and Presentations 10:45 a.m. 5 Announcements (first) 6 GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first). 7 Action - Emergency Items 8 Action - Commissioners'/Manager's Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas) 1

3 9 Consent Agenda Items a. Action Discussion of any item from the Consent Agenda Items that needs review before a decision is made. b. Action Approval of Elected Official Collection Report c. Action Approval of Assessor s Office Change Request d. Action Approval of Personnel Actions e. Action Approval to apply for the State of Nevada Division of Emergency Management (DEM) Emergency Preparedness Working Group (EPWG) Federal Fiscal Year 2010 Grant to be put towards the construction of the new Ambulance barn for the Town of Beatty. Funds from this grant come from the National Nuclear Security Administration Nevada Site Office (NNSA/NSO) low-level waste grant program. The total grant request is not to exceed $31,250.00, and there is no match required. This grant will be administered out of Fund 247 Grants. f. Action Approval for the Nye County Local Emergency Planning Committee (LEPC) to accept the State of Nevada Emergency Response Commission (SERC), Hazardous Materials Emergency Preparedness (HMEP) Federal Fiscal Year 2010 Grant in the amount of $6, There is no match required by Nye County. This grant will be administered out of Fund 247 Grants. g. Action Approval to enter into a Cooperative Agreement with the State of Nevada, acting through its Department of Transportation (NDOT) to install centerline rumble strips on sections of Bob Ruud Memorial Hwy and Bell Vista Ave from Pahrump to the California state line. This Project would be performed under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005 with 95% of the funding ($47,500) coming from the Federal Highway Administration (FHWA) and 5% ($2,500) from Fund 212 Regional Transportation Commission which has been budgeted. h. Action Approval of a Professional Services Contract with the Board of Regents, Nevada System of Higher Education (NSHE) on behalf of the University of Nevada required in support of the Nuclear Waste Repository Project Office to conduct the seismic reflection survey beginning October 20, 2009 to February 14, 2010 in the not to exceed amount of $21, which is budgeted from Fund 284 Repository Project Oversight. i. Action Approval to accept the 2009 US Department of Justice Bulletproof Vest Partnership Act Grant This grant reimburses Nye County for up to 50% of the money expended on bulletproof vests. The total grant is for $30, ($15, Federal & $15, local which is budgeted from Fund 101 General) and will replace 55 vests that are due to expire over the next three years. This grant will be administered in Fund 247 Grants. 2

4 j. Action Approval of Agreement for Services between the State of Nevada, Department of Health and Human Services, Division of Welfare and Supportive Services for three years beginning July 1, 2009 through June 30, 2012, wherein Nye County Health and Human Services serves as an intake site for State Energy Assistance Program applications. There is no financial impact to Nye County. k. Action Approval to accept a grant award from the State of Nevada, Aging and Disability Services Division for supplemental funding to purchase nutrition equipment for Amargosa Valley, Beatty, and Tonopah senior centers in the amount of $3, Matching funds have been approved by the individual advisory boards at each site. There is no financial impact to Nye County. l. Action Approval of: 1) Nye County Proclamation No. P : A Proclamation supporting the Marine Corps Reserve Toys for Tots Program.; and 2) extending permission to the Marine Corps Reserve Toys For Tots Campaign to advertise and place collection boxes as well as maintain the collection boxes in four County buildings/locations; the Pahrump Government Complex, the Marilyn Galvin Complex in Pahrump, the Beatty Justice Facility, and the Tonopah Courthouse for the purpose of collecting toys for children during the 2009 holiday season. m. Action Approval to participate with the Bureau of Land Management (BLM) as a Cooperating Agency in the preparation of the upcoming Environmental Impact Statement (EIS) for the proposed Solar Millennium, LLC solar energy project near Amargosa Valley, NV and all renewable energy projects in Clark County and Nye County, Nevada within the Southern Nevada District Office. No funding is required. n. Action Approval of a contract with AT&T for a managed E-911CAD system in Nye County at a rate of $18, per month. This contract will be funded from the existing 911 tax collection fund and the proposed 911 telephone bill surcharge that will be documented by the 911 Advisory Committee. It will be implemented in two phases, the first phase will be for the base CAD system, Orion Airies, while the second phase will be for the mobile portion of the system, Nye county will not be billed until each phase goes live. PUBLIC OFFICIALS 10 Assessor 11 Board of Commissioners a. 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. b. Closed meeting, pursuant to NRS for purposes of conferring with the County s management representatives regarding labor negotiations, issues and other personnel matters. 3

5 c. Action Discussion, deliberation, and possible decision on labor negotiations, issues and other personnel matters presented in closed meeting. d. Action Closure of meeting, pursuant to NRS (2)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. e. Closed meeting, pursuant to NRS (2)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. f. Action Discussion, deliberation, and possible decision on conference with legal counsel regarding potential or current litigation presented in closed meeting. g. Action Discussion, deliberation, and possible decision to set the date and location of the second meeting of the Board of Commissioners for January Clerk 13 District Attorney 14 Recorder 15 Sheriff a. Action Discussion, deliberation, and possible decision on a request for approval of a Lease Agreement with Arizona Nevada Tower Corporation, a Nevada Corporation to install microwave dishes that will provide communication services between Southern and Northern Nye County in the amount of $5, per month which is not budgeted but can be absorbed in Fund 101 General due to a monthly cost savings in the amount of $7, Treasurer 17 Justice(s) of the Peace 18 District Court 19 Juvenile Probation GENERAL NYE COUNTY ADMINISTRATIVE STAFF 20 County Manager a. Ongoing Project Report b. Action Discussion, deliberation, and possible decision concerning a request to adopt Nye County Resolution No : a Resolution adopting the Nye County Board/Commission/Committee Appointment procedures. (Attachments are: Resolution ; Policy; Sample Bylaws; OML; Public Records Law; Employee Relations; Member Application) 4

6 21 Emergency Services 22 Facilities 23 Finance 24 Health & Human Services 25 H/R and Risk Management a. Action Discussion, deliberation, and possible decision on a request to approve: 1) a change in the job description title from EMS Collection Clerk (NCEA Grade 7) to Accounts Receivable Clerk (NCEA Grade 7); and 2) the changes to the duties and responsibilities of the position; there is no financial impact to the County. b. Action Discussion, deliberation, and possible decision on a request to approve changes to the Planning Technician II job description (NCEA Grade 12) which accurately reflects the duties and responsibilities of the position; there is no financial impact to the County. c. Action Discussion, deliberation, and possible decision on a request to approve a temporary part time w/o benefits Clerk Aide position for the sole purpose of preparation of documents and files for the Clerk s imaging project in the amount of $8, which has been budgeted out of Fund 492 Settlement Agreement Fund Project #PE d. Action Discussion, deliberation, and possible decision on a request to approve: 1) NCEA pay grade change for Engineering Technician I from Grade 9 to Grade 10; and 2) NCEA pay grade change for the Engineering Technician II from Grade 11 to Grade 12; and 3) changes in the job description of the Engineering Technician II; and 4) approval of the reclassification of the two Engineering Technician I employees to Engineering Technician II; these changes can be absorbed in Fund 205 Road. e. Action Discussion, deliberation, and possible decision on a request to approve a temporary part time w/o benefits Clerk Aide position for Juvenile Probation to assist the Juvenile Probation Officer during the Saturday school program. This position will be for 80 hours, is not budgeted but can be absorbed in Fund 250 Juvenile Probation. 26 Information Technology 27 Nuclear Waste Repository Project Office 28 Planning/Building - (See 11:00 a.m. Agenda Items) 29 Public Administrator 30 Public Works a. Action Discussion, deliberation, and possible decision to modify and/or give approval of the Nye County Solid Waste Management Plan (SWMP) 2009 Update. 5

7 (Part 1, Part 2, Part 3, Part 4) Note: Due to the size of the file it has been split into four parts. 31 Senior Services OTHER BUSINESS 32 Town Boards/Town Advisory Boards 33 Public Petitioners a. Action Discussion, deliberation, and possible decision to approve closure of State Highway 318 on May 16, 2010 and on September 19, 2010 for the road events held by Silver State Classic Challenge. b. Action Discussion, deliberation, and possible decision on approval to fund the following Parks and Recreation Commission projects: 1. Ingvart Christensen Swimming Pool Upgrade, Town of Round Mountain - $57,966.00; 2. Horseshoe Court Improvements, Tonopah Horseshoe Chuckers, Town of Tonopah - $10,550.00; 3. Park Tractor, Town of Tonopah - $80,000.00; and 4. Tonopah Memorial Swimming Pool Cover, Town of Tonopah - $14, for a total of $162, GENERAL PUBLIC COMMENT (second) 35 ANNOUNCEMENTS (second) 36 ADJOURN 6

8 AGENDA NYE COUNTY BOARD OF ROAD COMMISSIONERS Community Center, Pahrump, NV TUESDAY, October 20, :15 A.M. Gary Hollis, Chair Lorinda Wichman, Vice-Chair Joni Eastley, Member Butch Borasky, Member Fely Quitevis, Member Sandra "Sam" Merlino, Ex-Officio Clerk of the Board NOTE: All times are approximate except for public hearings and any other items agendized at a specific time. Action may be taken on all items except where otherwise indicated. Items not scheduled for a specific time may be considered at any time and in any order. 1. Action -Approval of minutes N/A 2. GENERAL PUBLIC COMMENT (Three-minute time limit per person and requested to be limited to items not listed on the agenda. No action will be taken by the Board.) 3. Action - General road report by Public Works Director 4. Adjourn 7

9 AGENDA NYE COUNTY LICENSING AND LIQUOR BOARD Community Center, Pahrump, NV TUESDAY, October 20, :30 A.M. Butch Borasky, Chair Gary Hollis, Vice-Chair Joni Eastley, Member Lorinda Wichman, Member Fely Quitevis, Member Tony DeMeo, Member Sandra "Sam" Merlino, Ex-Officio Clerk of the Board NOTE: All times are approximate except for public hearings and any other items agendized at a specific time. Action may be taken on all items except where otherwise indicated. Items not scheduled for a specific time may be considered at any time and in any order. 1. Action - Approval of Minutes N/A 2. GENERAL PUBLIC COMMENT (Three-minute time limit per person and requested to be limited to items not listed on the agenda. No action will be taken by the Board.) 3. Consent Agenda Items a. Action Discussion of any item from the Consent Agenda Items that needs review before a decision is made. b. Action Approval to issue a Brothel License for Angel s Ladies located on Highway 95 North of Beatty, Nevada. Arie Mac Moore, Applicant. All paper work is in order and all fees have been paid. c. Action Approval to issue a retail liquor license for Carver s Café and Bar located on Highway 376 in Round Mountain, NV. Corine Jones, Applicant. All paper work is in order and all fees have been paid. 4. Brothel 5. Gaming 6. Licensing 7. Liquor 8. Adjourn 8

10 Tuesday, October 20, 2009 beginning at 11:00 a.m. NOTE: All times are approximate except for public hearings, and any other items agendized at a specific time. Action may be taken on all items except where otherwise indicated. Items not scheduled for a specific time may be considered at any time and in any order. PLANNING TIMED AGENDA ITEMS Public Hearing Items: Action will be taken by the Board of County Commissioners (BOCC) on the following matters. 11:00 AM 1. Ex Parte Communications and Conflict of Interest Disclosure Statements 2. Action - Public Hearing, discussion, deliberation and possible decisions on the following Planning and Zoning matters: A. Appeals: 1. AP : Public Hearing, discussion, deliberation and possible decision to affirm, modify, or reverse the Pahrump Regional Planning Commission s denial of Waiver Application WV to allow a reduction in the setback requirements for a recreational vehicle shade structure in the VR-8 Zoning District, located at 720 Santa Fe Street, Pahrump, Nevada. Robert E. Whitney Property Owner/Appellant. AP# AP : Public Hearing, discussion, deliberation and possible decision to affirm, modify, or reverse the Pahrump Regional Planning Commission s denial of Tentative Residential Subdivision Map application TM to divide approximately 80-acres into forty-six (46) residential parcels and twelve (12) open space lots on property zoned Rural Estates (RE-2) and Waiver Application WV to allow one (1) acre lot sizes where the minimum lot size required is two (2) acres, located at 4751 W. Adkisson Street, Pahrump, Nevada. LDO I, LLC - Property Owner/Appellant; Civilwise Services Agent. AP# AP : Discussion, deliberation and possible decision to affirm, modify, or reverse the Pahrump Regional Planning Commission s approval of Parcel Map application PM to divide approximately 34.6-acres into two parcels, one acre parcel and one 2.5- acre parcel on property zoned Village Residential (VR-20), located at 5200 S. Hafen Ranch Road, known as parcel 1 of File Map # Hafen Family Limited Partnership Property Owner/Appellant. AP#

11 B. Master Plan Amendment and Related Zone Change Application: 1. MP : (Minor) Master Plan Amendment application to change approximately acres to the following land use categories for an area bordered by Basin Avenue (north), Oyster Street (east), Matterhorn, Wahkiakum and Oxbow Avenues (south), and Emery Street (west); Pahrump Regional Planning Commission (PRPC) Applicant: a. 80 properties, +/-40 acres from the Light Industrial to the Mixed Use Land Use Category for APN s , thru , thru , thru , thru , thru , thru , thru , thru , thru , thru , and thru ; b. 39 properties, +/-56 acres from the Light Industrial to the General Commercial Land Use Category for APN s , , , thru , thru , thru , thru , thru , thru and ; c. One (1) property, 0.53 acres from the Heavy Industrial to the Mixed Use Land Use Category for APN ZC : (Non-conforming) Zone Change application to change approximately acres for an area bordered by Basin Avenue (north), Oyster Street (east), Matterhorn, Wahkiakum and Oxbow Avenues (south), and Emery Street (west); Pahrump Regional Planning Commission (PRPC) Applicant: a. 58 properties, +/-15 acres from the Light Industrial (LI) to the Neighborhood Commercial (NC) Zoning District for APN s thru , , thru , thru , thru , thru , thru , thru , and thru ; b. 39 properties, +/-56 acres from the Light Industrial (LI) to the General Commercial (GC) Zoning District for APN s , , , thru , thru , thru , thru , thru , thru and , and; c. 23 properties, +/-26 acres from the Light Industrial (LI) to the Commercial Manufacturing (CM) Zoning District for APN s thru , thru , and thru

12 C. Request to Set Public Hearing: 1. Discussion, deliberation and possible decision on a request to set a date, time and location for a Public Hearing on Nye County Bill No : A Bill proposing to amend Nye County Code Chapter 17.04, the Pahrump Regional Planning District Zoning Regulations, by adding an additional Zoning District called the Airport Overlay (AO) Zone, and other matters properly related thereto. 11