Humboldt County Board Of CommissionersOctober 17, 2016Page 1

Notice of Public MeetingHUMBOLDT COUNTY BOARD OF COMMISSIONERS

Humboldt County Board of Commissioners Regular MeetingREGULAR MEETING

Monday, October 17, 2016 9:30 AM:

Humboldt County Courthouse Meeting Room 20150 West Fifth Street, Winnemucca, Nevada 89445

All times on this agenda are approximate. Consideration of items may require more or less timethan is scheduled. Items on the agenda may be taken out of order; the public body may combinetwo or more agenda items for consideration; and the public body may remove an item from theagenda or delay discussion relating to an item on the agenda at any time. Public comment isdesignated for discussion only. The public has the opportunity to address the Commission on anymatter not appearing on the agenda; however, no action may be taken on Matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken. Additionally, public comment may be heard on any item listed on the Agenda. Persons areinvited to submit comments in writing and/or attend and make comments on any agenda item at theCommission meeting. All public comment may be limited to three (3) minutes per person, at thediscretion of the Commission.

Agenda - Monday, October 17, 2016

1. 9:30 A.M. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS - Public Comments: General public comment is designated for discussiononly. The public has the opportunity to address the Commission on any matter not appearing on thisagenda; however, no action may be taken on a matter raised until the matter itself has beenspecifically included on the agenda as an item upon which action may be taken.

4. APPROVAL OF MINUTES - Discussion and action on correction/approval of minutes for January 19,2016; February 1, 2016; February 16, 2016; March 7, 2016; March 21, 2016; April 4, 2016; April 18,2016; May 2, 2016; May 16, 2016 June 6, 2016: July 11, 2016: August 1, 2016; August 15, 2016;September 6, 2016; September 19, 2016 and October 3, 2016 Regular Meetings and January 11,2016; January 25, 2016; March 28, 2016; July 12, 2016 and August 31, 2016 Special Meetings. (ForDiscussion and Possible Action)4.A. Minutes

HCC011116unapprovedUNOFFICIAL.pdf

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5. MISCELLANEOUS REPORTS AND CORRESPONDENCE - 1) Other information and upcoming meetings

October 10, 2016 Regional Airport Board November 10, 2016 Regional Planning Commission Meeting November 15, 2016 County Commission Meeting November 29, 2016 County Commission Meeting

2) Reports from Commissioners regarding other Boards and Committees on which they serve, includingNevada Association of Counties (NACO), Regional Airport Board, Humboldt River Basin WaterAuthority (HRBWA), Western Interstate Region (WIR), Legislative Interim Land Council, HumboldtDevelopment Authority (HDA), Winnemucca Visitors & Convention Authority (WCVA), HospitalBoard, Humboldt Foundation, Western Nevada Development District (WNDD), and Humboldt CountyElk Planning Steering Committee, and the State Land Use Planning Advisory Council (SLUPAC).

6. APPROVAL OF EXPENDITURES FOR 9-29-16 THROUGH 10-7-16 (FOR POSSIBLE ACTION) 6.A. Expenditures

7. UPDATE ON PINE FOREST WILDERNESS ISSUES FROM BLM AND TROUT UNLIMITED (FORPOSSIBLE ACTION) - Consideration of, discussion and possible action including a request to theBLM to provide an Implementation Plan with itemized expenses and budget for the land ownersbased on outstanding tasks remaining to complete the process that resulted from the Pine ForestWilderness Act that was signed into law in 2014. Discussion and For Possible Action.7.A. Pine Forest

8. 10:00 A.M. PUBLIC HEARING: ABANDONMENT REQUEST FOR ROBBIE CIRCLE (FORPOSSIBLE ACTION) - AH-16-02 An abandonment request submitted by Michael Andersen toabandon the westerly portion of the 60’ right-of-way known as Robbie Circle; assessor’s parcel #’s3738-21-226-006, 3738-21-226-007, 3738-21-227-001 and 3738-21-227-003. For Discussion andPossible Action.8.A. Submitted photos

AH-16-02 Public Notice.pdf

Broken Cement Pile and Durt Piles.jpg

Broken Cement Pile.jpg

Durt Piles.jpg

East Road way Blocked.jpg

Full Road way.jpg

South Broken Cement Pile.jpg

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South Road way.jpg

West Road way Blocked.jpg

West Road way.jpg

West Side Lambert.jpg

Keeping All of Robbie Circle.pdf

9. 60-DAY REVIEW OF NUISANCE COMPLAINT AT 3110 ARTEMESIA WAY, WINNEMUCCA, NV(FOR POSSIBLE ACTION) - Nuisance Complaint(s) status update, discussion and review of thestatus complaint at 3110 Artemesia Way, Winnemucca, NV Assessor’s Parcel Number3738-16-453-004 on the property belonging to Tomas Barajas & Hortencia Godinez to determinewhether to take any further action or close or dismiss this case. This is the 60-day follow-up reportas directed by the Commission at the August 15, 2016 meeting. Potential action may includemaking the cost of abatement a special assessment against the real property, to determineassessment of costs of abatement in accordance with County Code 8.04.080, or provide direction tothe District Attorney for further legal action to abate the nuisance, or other action necessary to abatesaid nuisance. Discussion and for Possible Action. 9.A. Nuisance Review-Artemesia

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100_0779.JPG

3110 Artemesia Way Nuisance Investigation.pdf

10. 60-DAY REVIEW OF NUISANCE COMPLAINT AT #43 GRASS VALLEY RANCHOS/HILL DRIVE(FOR POSSIBLE ACTION) - Nuisance Complaint(s) status update, discussion and review of thestatus of the nuisance at at #43 Grass Valley Ranchos/Hill Drive, Winnemucca, Nevada, Assessor’sParcel Number 3536-27-252-002 on the property owned by Kirk & Denrah Thompson to determinewhether to take any further action or close or dismiss this case. This is the 60-day follow-up reportas directed by the Commission at the August 15, 2016 meeting. Potential action may includemaking the cost of abatement a special assessment against the real property, to determineassessment of costs of abatement in accordance with County Code 8.04.080, and provide directionto the District Attorney for further legal action to abate the nuisance, or other action necessary toabate said nuisance - Discussion and for Possible Action

10.A. Nuisance Update-Hill Drive100_0776.JPG

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11. ADMINISTRATOR: POTENTIAL PURCHASE OF PROPERTY AT 426 BRIDGE STREET (FORPOSSIBLE ACTION) - Consideration of, discussion of possible purchase of said property by

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Humboldt County for property located at 426 Bridge Street, Winnemucca, NV (APN3638-29-108-003) for a price not to exceed $170,000 including all fees. Terms for said purchase,lease back options and any additional direction to staff regarding the purchase will be considered.Discussion and Possible Action.11.A. 426 Bridge Street Purchase

12. RESOLUTION: GRANT OF 10-FOOT EASEMENT TO NV ENERGY FOR ACCESS TO ROSECREEK TOWER SITE (FOR POSSIBLE ACTION) - Consideration of, discussion and possibleapproval of a Grant of 10-foot Easement for NV Energy for the Rose Creek Lot located at 8255 RoseCreek Road (County Property). This is our new communications Site. This easement will run parallelto the property line to provide power to the back of the lot. Discussion and For Possible Action.

12.A. EasementRose Creek Easement Survey notes.pdf

13. WILDFIRE SUPPORT GROUP PETITION (FOR POSSIBLE ACTION) - Consideration of,discussion and possible approval of a petition recognizing Wildfire Support Group (WSG) as aRangeland Fire Protection association in accordance with NRS Chapter 472 to operate in theiridentified zone in Northern Humboldt County. Discussion as to whether a three-way agreement should be considered between the Nevada Division of Forestry, Humboldt County and WSG. ForDiscussion and Possible Action.13.A. Wildfire Support Group

Wildfire Support Group Petition Rev.docx

14. ADMINISTRATOR: PERSONNEL POLICY UPDATES FOR 2016 (FOR POSSIBLE ACTION) -Consideration of, discussion and possible approval of the Humboldt County Personnel Policy updatesfor 2016 pertaining to County employees. For Discussion and Possible Action.14.A. Personnel Policy Updates

15. SHERIFF: ADULT DETENTION FACILITY MEDICAL AGREEMENT (FOR POSSIBLE ACTION) -Consideration of, discussion and possible approval of an agreement between Robbie Grant, DO andHumboldt County for medical services at the Adult Detention Center in Winnemucca, Nevada.Discussion and for Possible Action.15.A. Adult Detention

ADULT DETENTION FACILITY MEDICAL AUTHORITY AGREEMENT 2016 (002).pdf

16. PLANNING: SET TO PUBLIC HEARING (FOR POSSIBLE ACTION) -

AH-16-01 An abandonment request submitted by Steve Dixon to abandon an approximate 60 foot by 285.85foot easement (known as Anna Way) along the east side of assessor’s parcel #3738-15-102-003;along the west side of assessor’s parcel #3738-15-126-001 between Delaney Drive and Ivan Drive.For Discussion and Possible Action.

TH-16-01 An ordinance repealing Humboldt County Code Title 17 Chapter 17.68 Conditional Use Permitsand replacing all provisions of Title 17 Zoning, Chapter 17.68 regarding Conditional Use Permits,

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including but not limited to Conditional Use Permit Applications through the appeal process and othermatters properly relating thereto. For Discussion and Possible Action.

TH-16-02 An ordinance adding new Chapter 17.69 Above Ground Utility Projects to Title 17 Zoning, to theHumboldt County Code to allow for a permit for construction of an above ground utility project locatedin a Master Plan designated utility corridor; and an ordinance to allow for a permit for construction ofan above ground utility project which is not located within a Master Plan designated utility corridorand other matters properly relating thereto. For Discussion and Possible Action.

TH-16-03 An ordinance repealing the Humboldt County Code Title 17 Zoning, Chapter 17.70 Amendments toTitle and Plan adding a new Chapter 17.71 “Amendments to Title and Plan” and other mattersproperly relating thereto. For the purpose of modifying the Chapter numbers only. For Discussionand Possible Action.

TH-16-04 An ordinance adding new Chapter 17.70 Renewable Energy Generation Projects to the HumboldtCounty Code Title 17 Zoning, to allow for a conditional use permit and an expedited conditional usepermit for Renewable Energy Generation Projects to include an application process, requirements,and fees, and other matter properly relating thereto. For Discussion and Possible Action.

16.A. Set To Public Hearing-16-02-0110-17-16.pdf

17. HUMBOLDT TV DISTRICT: APPROVAL TO STOP TV DISTRICT ASSESSMENT (FOR POSSIBLEACTION) - Approval to stop assessing fees assessed by the Humboldt TV District.

A) Josh Burnette (Winnemucca, Nevada) - No TV signal on property at 17655 Sierra Pass Road (APN3636-29-200-003)

Discussion and For Action.

17.A. HUMBOLDT TV DISTRICT: APPROVAL TO STOP TV DISTRICT ASSESSMENT (FORPOSSIBLE ACTION) TV District Josh Burchette.pdf

18. PUBLIC SAFETY COMMUNICATIONS SOFTWARE UPGRADE (FOR POSSIBLE ACTION) -Consideration of, discussion and possible approval of a proposal from Bosch Security Systems, Inc.in an amount not to exceed $60,000 to upgrade the Humboldt County Dispatch 911 Software toaccommodate new equipment and enhanced features. For Discussion and Possible Action.18.A. Dispatch Software Upgrade

Bosch SW Upgrade - 911.pdf

19. ADMINISTRATOR: PHASE 2 WATER PLAN AGREEMENT (FOR POSSIBLE ACTION) -Consideration of, discussion and possible approval of Phase II of the Humboldt County Water Planfrom Resource Concepts, Inc. at a cost not to exceed $24,900. For Discussion and Possible Action.19.A. Phase ii Water Plan

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20. COMPTROLLER (FOR POSSIBLE ACTION) - Consideration of resolution and/or appointment of aninterim comptroller for Humboldt County until a new Comptroller can be hired as well as considerationof authority of interim Comptroller. For Discussion and Possible Action.

21. DISTRICT ATTORNEY: BUDGET AUGMENTATION REQUEST AND REVIEW OF PRINTERPURCHASE OPTIONS (FOR POSSIBLE ACTION) -

A.Discussion and possible approval of augmentation of the 2016-2017 Budget for the DistrictAttorney Office to increase the account for Machinery by $9,500 for the purchase of aprinter/scanner/copier/fax machine – For Discussion and Possible Action.

B.Review and discussion of proposals received for the purchase or lease of a new combination colorprinter, scanner, copier and facsimile machine and possible authorization for the District Attorney tosign a purchase or lease agreement for a new machine in an amount not to exceed $9,500 – ForDiscussion and for Possible Action.

22. FUTURE AGENDAS

23. RESOLUTION: INTENT TO SELL REAL PROPERTY AT PUBLIC AUCTION (FOR POSSIBLEACTION) - Consideration of, discussion of a Resolution to proceed with the sale of real propertiesthat were designated for possible sale by the Humboldt County Board of County Commissioners. Theparcels to be sold and the minimum bid price are as follows:

1)Northwest Corner of Godchaux Road and Winchester Drive, Paradise Estates, Paradise, Nevada(APN 3938-02-200-020) Minimum Bid: $3,000

2)Northwest Corner Godchaux Road and Browning Road, Paradise Estates, Humboldt County,Nevada (APN 3938-12-200-005) Minimum Bid: $20,000

3)Portion of North ½ of Section 9, T37N,R41E, M.D.B & M. North of Golconda in Eden Valley, eastof Osgood Mountains, Humboldt County, Nevada (APN 3741-09-200-001) Minimum

Bid: $$17,000; 4)Northwest corner of Third Street & Guernsey Avenue, approximately 100 feet east of Morrison

Avenue, Golconda, Nevada (APN 3640-32-227-002) Minimum Bid: $13,000; 5)140 feet west of Melrose Avenue on the east side of Cleveland Avenue, Golconda, Nevada,

Humboldt County Nevada (APN 3640-32-251-009) Minimum Bid: $5,000; 6)6960 Airport Road, Winnemucca, Nevada (APN 3537-09-476-005) Minimum Bid: $9,000 7)617 Monroe Street, Winnemucca, Nevada (APN 3638-30-428-004) Minimum Bid: $25,000 8)3269 Frontier Street, Winnemucca Nevada (APN 3638-28-255-002) Minimum Bid: $55,000; and 9)130 Rodeo Drive, Denio, Nevada (APN 4730-04-101-001) Minimum Bid: $70,000

Discussion and for Possible Action.23.A. RESOLUTION OF INTENT TO SELL REAL PROPERTY AT PUBLIC AUCTION

Resolution - Intent to Sell Property REV 10 12 16.pdf

24. BUDGET EXPENSE REVIEW COMMITTEE (FOR POSSIBLE ACTION) - Consideration of a requestfrom the Budget Expense Review Committee to add Brad Schultz, Extension Educator, Professor,University of Nevada Cooperative Extension, to the Committee. Discussion and For Possible Action.

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25. PUBLIC COMMENT: - General public comment is designated for discussion only. The public hasthe opportunity to address the Commission on any matter not appearing on this agenda; however, noaction may be taken on a matter raised until the matter itself has been specifically included on theagenda as an item upon which action may be taken.

26. ADJOURNMENT

NOTICE: The County Com m ission m ay close the m eeting to receive inform ation from legal counsel pursuant toNevada Revised Statutes 241.015

CERTIFICATE OF POSTING

PLACES POSTED: Humboldt Co. Courthouse, 50 W. 5th St.: Rooms 201, 205, & 207 at ___________ A.M. By :____________________________________________

Humboldt County Library : 85 E. 5th St. at ___________ A.M. By :__________________________________________________________________

County Annex: 4th & Bridge St. at ___________ A.M. By :________________________________________________________________________

Winnemucca City Hall: 4th & Melarkey St. at _____________ A.M.By : ______________________________________________________________

Humboldt County Website: www.hcnv .us at _____________A.M. By : ______________________________________________________________

State of Nev ada Website: www.notice.nv .gov . ____________ A.M. By : ______________________________________________________________

MEETING DATE: October 17, 2016 POSTED BY: _______________________________________________

DATE POSTED: ___________________________ Karen Bannister, Administrativ e Assistant

NOTE FOR SUPPORTING MATERIAL: A copy of the supporting material f or the meeting may be obtained at Commissioner meeting/agendas on the Humboldt Countywebsite: www.hcnv .us or by contacting Dav e Mendiola, County Administrator, at 50 W. Fif th Street, Winnemucca, Nev ada 89445, (775) 623-6300

NOTICE TO PERSONS WITH DISABILITIES - Reasonable ef f orts will be made to assist and accommodate phy sically disabled persons desiring to attend the meeting.

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--241Submitted by: Dave MendiolaSubmitting Department: County Clerk Meeting Date: October 17, 2016

SUBJECTMinutes

Recommendation:

ATTACHMENTS HCC011116unapprovedUNOFFICIAL.pdf

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Monday, January 11, 2016

A special meeting of the Humboldt County Board of Commissioners was called to order on

Monday, January 11, 2016, at 9:30 a.m. at the place of meeting at the Paradise Valley Community Hall,

Paradise Valley, Nevada. Those present were Chairman Marlene Brissenden, Commissioners Mike Bell,

Garley Amos, Jr., Jim French and Ron Cerri, Deputy District Attorney Gabrielle Carr, Administrator

Dave Mendiola and Clerk of the Board Tami Rae Spero.

PUBLIC COMMENTS: Chairman Brissenden asked for public comments. Gary Echevarria, present on

behalf of the Paradise Valley New Building Fund, requested that Humboldt County grant an easement

through the RV Park that the County owns; he noted that he had approached the Community Board who

runs the Park and they were in favor of the request as was Jason Deputy, the Chief for the Paradise Valley

Fire Department. Mr. Echevarria continued explaining the plan for the easement including the purpose

and the location. Chairman Brissenden explained that as this item is not on the agenda so it could not be

discussed but directed that the item be placed on the next County Commission Agenda. Mr. Echevarria

asked for direction on what would be needed to present the request. Commissioner French suggested that

Mr. Echevarria speak to the County Administrator. Chairman Brissenden asked for further public

comments.

Tina Gast a home owner near the proposed site for the gymnasium appeared before the

Commission and explained that she might not be able to stay for the entire meeting so she wanted to offer

her comments; she continued to offer comments related to the effect of this proposal on the community

including issues with Mr. Echevarria and other members of the new building group and actions and

statements made by those individuals; Chairman Brissenden interrupted the public comment by Mrs. Gast

and asked that any comments be directed to the Commission not audience members. Mrs. Gast continued

referring to comments she has heard related to living in Winnemucca versus living in Paradise including

being told that she is unable to serve on the Paradise Valley Community Board, the appearance that the

Community Board is stacked with members who support the gym building, the division in the community

caused by this building and the proposed type of building and location. Chairman Brissenden asked for

further public comments.

Steve Lucas a resident of Paradise Valley appeared before the Commission and noted that he is

the owner of the property that lies just east of the proposed site; he continued asking that the community

come together to build a building that would not only have a basketball court but would have room to

grow without the issues that are at hand; he commented on the effect of this proposal on the community

and issues with the proposed location including the trees on his property which would result in a liability

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for him if branches were to fall on the building site and cause damage or injuries, noise and debris that

will effect property owners around the site and the lack of parking; he concluded by commenting on the

benefits of attending school in the Paradise area.

No further public comment offered.

COMMISSION AND PUBLIC TO VISIT SITE WHERE THE RECREATION CENTER IS

CURRENTLY PROPOSED TO BE BUILT: The Board of Commissioners, Administrator Mendiola

and audience members visited the proposed site.

PUBLIC HEARING - To consider an appeal of a conditional use permit (CUP) (UH-15-08)

approved by the Regional Planning Commission at their November 11, 2015 meeting to allow

construction of a 70 foot x 125 foot steel building at 110 Bridge Street in Paradise Valley, NV for

use as a gymnasium: Chairman Brissenden disclosed for the record that she and her husband had

contributed to the New Building Fund but that she does not believe that this will prevent her from

objectively and independently evaluating testimony and facts in the matter therefore she will be

participating in the discussion and vote. Commissioner Cerri stated that he had also contributed but that

would not effect his vote and that he has no financial benefit either way so he would also be participating

in discussion and action on this matter. Chairman Brissenden stated that this hearing would be conducted

as a Trial de Novo and explained what that would entail including that evidence would be considered

related to two issues: does this application and the use of the gymnasium comply with the Master Plan

and with the Humboldt County Zoning of M-3, who could present evidence, the type of evidence that

would be considered, the manner in which comments/testimony could be offered and that this hearing

would only be related to the appeal of the Conditional Use Permit at 110 Bridge Street. Deputy District

Attorney Carr noted that all letters and correspondence that had been provided to the Regional Planning

Commission at their November 12, 2016 meeting as well as the minutes, staff report and transcript from

that meeting have also been provided to all members of this Board. Discussion occurred regarding the

manner in which the hearing would be conducted.

Gary Echevarria, President of the non-profit corporation, Paradise Valley New Building Fund and

Rolfe Schwartz, secretary and Richard Gavica treasurer appeared before the Commission. Mr. Echevarria

offered opening comments stating that the building is permitted under the current zoning, conforms with

the Master Plan, that they would like to exercise their rights as property owners as they like this spot for

the proposed building due to its closeness to both the school and the community hall and that they will

adhere to any building codes and requirements by the City and Health Departments.

Chairman Brissenden asked for public comments. Therese A. Ure of Schroeder Law Offices,

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appeared before the Commission supporting appellant, Steve Lucas; she stated that appellant Lucas and

the other appellants are requesting this Commission to disapprove and withdraw the current CUP permit

at this time; she noted the appellants’ understanding of the time frame for decision set by Humboldt

County Code and notified the Board of appellants’ request for notification per Code of the decision in this

matter; she continued noting comments submitted by her office on January 8th which supplemented the

appellants’ statements and requested that the Board take notice of said comments and that they be made

part of the appeal packet. Ms. Ure stated that Mr. Lucas does not oppose the building of a recreational

facility in Paradise Valley but in fact supports it if done correctly and in a manner to allow for maximum

benefit to the community and to allow for future growth; she continued offering comments on the planned

use for the facility as opposed to the use identified within the CUP, issues that may arise if the building is

dedicated to the County and the County assumes liability for the facility, the requirements related to

CUPs per County Code and what must be found for issuance of the CUP, an alternative site that is

available, issues with the CUP as issued including parking availability, emergency services access, zoning

issues, lighting requirements and how they may create a nuisance, emergency exit problems, fire

protection issues, the liability to the County if they were to take over the facility and the need to control

the uses to which the building is put, issues with the old trees including liability and damage to, the

disturbance of surrounding properties as to their way of life and the potential of creation of a nuisance, the

lack of sufficient water availability, the operating/maintenance costs and lack of a plan for those costs and

lack of taxing authority to generate funds to cover the costs unless a General Improvement District is

formed, that another location for a facility is available and while it also has issues they can be more easily

mitigated. Ms. Ure concluded by noting that there are other more feasible options available for this

facility in this community. Chairman Brissenden asked for further public comment.

Mike Gast appeared before the Commission discussing his concerns about the proposed facility

including the requirement in the CUP that the facility not interfere with the peace of the community, that

given the proposed size of the building it will be the highest building in the community and will be able to

be seen as people come into the community, that the proposed lighting will illuminate neighboring

properties and create a disturbance and his opinion is that this is not the proper location for a community

building.

Camma Marvel commented on the need for growth in the Paradise community and the attempt by

some residents to keep things as they are forever which is not the reality; she continued commenting on

the trees previously discussed noting that they have been a hazard all along; she spoke in support of

letting the process begin.

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Tony Lesperance offered comment on the division in the community and offered caution to the

Commission on rushing in with any type of judgment at this time further suggesting that it might be

prudent to stand back and select several people in the valley from both sides to sit down and try and

resolve the issue as any decision made today would be the wrong one, no matter which way it goes.

Tina Gast appeared before the Commission noting that she had submitted an appeal letter and

confirming that the Commission had received said letter; she reiterated her concerns as to the adverse

effect of the facility location on adjacent property owners including the parking and lighting issues and

voiced concern about the effect the facility will have on property values on adjacent property owners.

Tom Cassinelli addressed the Board and clarified that people are not opposed to the building but

to the location of the building; he noted the other possible location for the building and that contributions

to the building fund were made for a community hall similar to Orovada’s facility as opposed to a gym;

he stated his concerns that the location identified would not allow for a community hall. Chairman

Brissenden asked for further public comment. None offered.

Chairman Brissenden asked the appellants for any evidence to support the arguments or opinions

presented that the CUP is not consistent with the Master Plan or fails to comply with the zoning

requirements. Ms. Ure appeared before the Commission and addressed the zoning requirements noting

that the zoning for this building is M-3 as contained in HCC 17.44 and in said chapter recreational

facilities are not listed but they are also not specifically prohibited; she continued noting that the current

CUP is void of information related to safety issues such as parking and ingress & egress of emergency

vehicles and so the CUP as applied for in the application itself is deficient: she further noted that HCC

17.68.080 sets forth what the Planning Commission shall make findings including the size and shape,

which, in this case, keeps shifting and that adequate parking spaces are available and that also keeps

changing so until more information is submitted and until a survey of the plan is provided what evidence

is there to show that there are adequate parking spaces. Ms. Ure provided a copy of a Facebook© page to

the Commission that referred to the proposed building as a community center as opposed to a gym and

noted that the application for the CUP identified the facility as being for recreation; she noted that

requirements for a community center are more stringent and commented on requirements for additional

approvals if the lot size is under 2.5 acres. Ms. Ure suggested that no evidence is necessary at this time as

the application itself if deficient and insufficient and noted the information provided from multiple

sources as well as the ability of the Commission to take this matter under review. Commissioner French

asked Ms. Ure if her comments submitted previously included all of the information she provided today.

Ms. Ure indicated that she had included additional comments today but that she could provide those in

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writing if the Commission wished. Commissioner French asked that she do so. Commissioner Bell asked

Ms. Ure to elaborate as to how the parking spaces are a nuisance. Ms. Ure responded discussing the

location of the spaces, the language of the Nevada Revised Statutes related to nuisances and the effect

they would have on Mr. Lucas as the property owner next to those spaces; she noted that if and when the

property is dedicated to the County, if the County would be willing sign a hold harmless agreement with

Mr. Lucas as to the trees that would be acceptable. Commissioner Bell asked why those trees were not

currently a nuisance and noted the responsibility of a property owner to maintain their trees; he again

asked about the potential nuisance and suggested that assumptions are being made. Ms. Ure noted that

part of the issue is that they do not know where the parking spaces will be located as the application is

deficient as to that point; she agreed that she was assuming that the parking would be on the east side of

the lot which means the trees would overhang it. Commissioner Bell questioned why that would be the

applicant’s nuisance and not the owner of the property that has the trees. Ms. Ure agreed that it would be

a nuisance against Mr. Lucas but indicated that it is occurring because of the change in what is located on

the abutting lot and would interfere with his enjoyment of his property as he will have added maintenance

and added liability. Ms. Ure asked when the additional comments are required. Commissioner French

asked that it be provided as soon as possible perhaps by next Monday. Deputy Carr commented on the

ability to provide additional information and the time frame for decision; she noted her issue with any

new information being provided after this meeting. Commissioner Bell commented on the proposed

building being referred to today as both a gym and a community center and asked for clarification on that.

Ms. Ure explained that the CUP application before the Commission today indicates a recreational facility

only however during the fund raising it had been identified as both and today at the site the applicant had

indicated that a kitchen would be included. Commissioner Bell asked if the inclusion of a kitchen would

change the designation. Ms. Ure indicated that it would have different code regulations and noted that in

the future, if the County takes over the facility, they would have to control who can use the facility and

for what it can be used. Commissioner Bell noted that would be another assumption as he did not believe

the County would have an obligation to take over the building from a 501C3. Ms. Ure concurred.

Commissioner French stated his concern that there may be additional plans for the building down the road

and it brings into question whether all of the conditions in the CUP being discussed have been adhered to

given the size of the property and the ability of ingress/egress and the parking issues though he noted that

the CUP does address limiting the scope of permission of how to use the property based on gymnasium

only. Deputy Carr commented that if the matter came back to the Planning Department to amend or

change the uses it would need to go before the Planning Commission again. Deputy Carr stated that there

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was some additional information that she believes will be relevant to the Commission’s determination

today including that the Planning Commission had concerns about the parking and setback requirements

and ensuring that they complied with various codes and so there was supposed to be an updated map or a

different configuration of the building provided to ensure this was accomplished; she asked Betty

Lawrence of the Planning Department if that had been received yet. Mrs. Lawrence indicated that it had

not. Mr. Echevarria stated that they had not presented it to the Building Department yet but that they

have a proposed drawing. Deputy Carr respectfully recommended that because the Commission is

making a brand new determination on this matter, that the document be turned into them to assist in that

determination. Ms. Ure, for the record, objected to the entry of this additional map as it was not

submitted prior to this hearing and not made available to everyone, to have a fair hearing and be

addressed in the hearing. Commissioner Bell asked Deputy Carr to address said objection. Deputy Carr

responded to the objection and explained why it is acceptable to consider this information as this was a

condition placed on the applicant by the RPC and it is necessary to be make a determination.

Commissioner French asked about the prior discussion related to the appellant not being able to provide

additional information after today’s hearing. Deputy Carr noted that this evidence had been specifically

requested of the applicant at a prior hearing. Commissioner French asked Mr. Echevarria how long he

had this information prior to today’s meeting. Mr. Echevarria indicated that they had not been aware of

any issues with the parking until late last week and agreed that there are some things that they have not

done but that is because they do not have their land issue resolved and they are working on a limited

budget so they are addressing items as they can; he stated that he had the plan if they would like to see it.

Commissioner Bell agreed that it was relevant but he asked the Building Director if it could be approved

today. Building Director Bobby Thomas appeared before the Commission and stated that what they are

being presented has not been reviewed for any compliance other than several visits by individuals asking

what would be the minimum requirements and so could be subject to change during the review and that

until he gets a complete package he cannot give any determination whatsoever. Deputy Carr agreed that

usually the various departments review for compliance with code and requirements and that will be done

in this case but the Commission could potentially consider the recommendations from staff and the input

from the various individuals as one of the conditions of this permit is that it comply with all applicable

laws and codes so if he submits to staff who submit their recommendations to the Commission based on

their analysis as to whether it complies with the applicable codes and regulations the Commission could

proceed. Discussion occurred between the Commission and Deputy Carr about the need for the

compliance with all applicable state, local and federal laws in order for the project to move forward and

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the Commission’s ability to approve based on compliance occurring. Director Thomas explained what

would occur once the plans are presented and how deficiencies can be addressed. Commissioner French

and Bell agreed that a decision can be made today on the appeal based on the evidence submitted today.

Deputy Carr explained the three options available to the Commission for today per the Code.

Commissioner French asked if the issue could be referred back to the Regional Planning Commission for

further deliberation and to consider the additional evidence presented today. Deputy Carr stated that the

law does not contemplate that action. Commissioner French observed that there are compelling

arguments on both sides of this issue and that with the references in the staff report related to maintaining

the peace and welfare and the references today to the nuisance statutes, it truly depends on who you are

and where you reside based on the comments as to that issue have been received today and through

comments he had heard prior to this meeting; he stated that with the evidence presented today he does not

believe that he is in a position to make a decision today as he would like have time to review all of the

facts before making any decision.

Commissioner Cerri noted the difficulty of making this decision for a valley which can’t come

together and agreed that this building is being planned for the kids but stated that he also believed the

building would turn into a community hall and as there would be different codes and building requirement

for a community hall, it would seem that those are being circumvented; he stated his concern with that

occurring as if the community comes to the County to take the building over, would the County be able to

and, if it can’t, is the community prepared to pay for and take care of the facility forever. Commissioner

Cerri stated that if it does not meet parking and fire requirements, he does not believe this Commission

should take it over and burden the rest of the taxpayers with the liability; he referred to Mr. Lesperance’s

suggestion of a getting a group to try and bring the community together and wondered if that would help

but, he observed head shaking in the audience which seemed to indicate that was not a good idea.

Commissioner Bell observed that it appeared that either location resulted in a community split. Mr.

Echevarria explained that when this matter went before the RPC letters were submitted from people in

support of and opposed to and he reviewed the signatures and counted them and there were 74 signatures

in support and 44 against and anyone who was not specific was included with the against; he continued

stating that the building will only be used as a gym, that there is no other use and he apologized for it not

being correct on the Facebook© page; he noted that the research had shown that they could not afford a

community center so that is why the gym plan went forward and that the kitchen was included for the

purpose of the concession stand. Discussion occurred regarding the letters that were sent out by the PTO

to determine support and that they were not included in today’s packet. Commissioner Amos suggested

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that the Commission needed to either approve the action taken by the Regional Planning Commission or

not approve it. Commissioner Bell stated that he was okay with some additional time to review the

information provided.

Audience member Lewis Trout, a member of the Regional Planning Commission, asked if the

code specifically prohibited remanding the matter back to the RPC. Deputy Carr replied that the authority

is not given and her recommendation would be that, as the ordinance specifies that the Commission

reverse, approve or amend and modify the conditions, that is what their authority is and that she would be

uncomfortable going outside of that if it is not specifically identified in the ordinance, however, this

ordinance and chapter do require revision and that may be something to consider for the future. The

following motion was made by Commissioner French and passed unanimously:

To continue this matter until the next County Commission meeting to allow for the

opportunity for review of the documents and information provided.

DISCUSSION OF AND POSSIBLE ACTION REGARDING CREATION OF A GENERAL

IMPROVEMENT DISTRICT, SPECIAL ASSESSMENTS INVOLVING PARADISE VALLEY,

OR OTHER OPTIONS AVAILABLE TO MAINTAIN GYMNASIUM, IF APPROVED, AND

STEPS NECESSARY TO COMPLY WITH NRS CHAPTER 318 INCLUDING VOTING

REQUIREMENTS AND TIMING OF VOTING PROCESS: Commissioner Bell asked if this matter

is premature and should be tabled. Commissioner French commented on the need to receive input on the

matter from the people in this community. Commissioner Cerri commented on how the facilities are

handled in the Orovada and McDermitt communities and suggested that Paradise Valley needs to figure

out how they want to handle this matter. Mr. Echevarria noted that the New Building Fund has nothing to

do with bringing this matter up and that in the past an attempt to create a GID was voted down by the

community so that is one of the reasons the smaller lot was chosen so they could pay for everything; he

did state that he is not opposed to a GID. Commissioner Cerri commented on what it takes to maintain a

facility for the community and stated that there needs to be a long term plan for the maintenance of the

building. Discussion occurred regarding the issue. Administrator Mendiola commented that, from the

County perspective, these types of buildings are often turned over to the County and that he would be

very uncomfortable accepting any building without having a funding source in place; he noted issues that

are occurring with the McDermitt building and that the costs to repair that have to be absorbed by the

whole county as there was no funding source in place. An audience member commented on the same

type of issues with the IOOF Hall that is being used as a community hall currently and the importance of

doing this building right to protect the community. Commissioner Cerri suggested that if the community

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wants a community hall that they create an assessment district first, then build a building. An audience

member commented on the need for the community to work together. Lewis Trout commented that the

RPC had not offered any comments about the creation of a district, that he as an individual had offered

the suggestion during public comment in a Commission meeting following a conversation with

Commissioner Cerri. Discussion occurred regarding the manner in which a GID could be created,

election or commission action, the time frame for that creation, the need to have community support, the

need to create a revenue stream, what funding is being used currently, the length of time it would take to

build a community center, the difference between a community hall/center and a gym and the benefits to

the community of both facilities. Tom Cassinelli stated his opposition to building a gymnasium that

would remain a gymnasium, he stated that he would support a structure that will accommodate growing

into a community center. Discussion occurred regarding the cost of running the facility in Orovada, the

ability of the County to assist in the process of creating a GID or assessment district, the ability of the

County to assist in funding the building and the need of the community to meet without the Commission

to discuss the matter. Commissioner French asked that the processes and options for creating a GID be

placed on a Commission agenda within a couple of meetings. Comments were made from the audience

regarding the need for a GID if the County is going to be responsible for the meeting, the ability to

combine the other districts within Paradise into one district, the need for the community to meet and

discuss this matter outside the presence of the County Commission, that the community may not approve

a GID in a vote, that the Commission directing the creation with an appeal process would be the way to

go, the creation of the GID occurring separate from this proposal as there is currently a community

building but there is no gym for the school, the need to use restraint to avoid further division within the

community, the need to give the community time to see if they can decide how to proceed, the need to

determine what the cost would be and what the difference would be between special assessment district

and a GID. After discussion the following motion was made by Commissioner French and passed

unanimously:

To place this item on the Tuesday, February 16th Commission agenda to deliberate on

whether we will vote on a resolution for forming a GID in Paradise Valley or a special

assessment depending on the nuances of which one would work best for the valley and at

the same time have some information from our county administrator on what the rate

would be per 100 for a GID.

DISCUSSION OF ABILITY OR AUTHORITY OF COUNTY TO ACCEPT DEDICATION OF

REAL PROPERTY AND STEPS RELATED TO THE PROCESS OF DEDICATION, CREATION

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OF A PROCESS TO ACCEPT DEDICATIONS OF REAL PROPERTY, RESPONSIBILITIES OF

THE COUNTY IN ACCEPTING DEDICATED PROPERTY AND POSSIBLE ACCEPTANCE

OF DEDICATION OF REAL PROPERTY REGARDING PARADISE VALLEY PROPERTY

LOCATED AT 110 BRIDGE STREET: Administrator Mendiola suggested that this item might be

more appropriate to be discussed as part of the retreat as he wants to prepare some suggested criteria

based on prior acceptances the County has done including not only buildings but roads and such; he noted

that some dedications such as with roads have specific criteria already identified the need to be included.

Chairman Brissenden directed the Administrator to place this item on the retreat agenda. Commissioner

French suggested that a formal policy needs to be developed and adopted so all requests are treated the

same. Commissioner French also suggested that representatives from Paradise that are interested in the

formation of a GID also attend the meeting.

CONSIDERATION OF AND POSSIBLE APPROVAL OF FINAL DRAFT COMMENTS

LETTER PREPARED BY THE COUNTY ADMINISTRATOR FOR THE PURPOSE OF

COMMENTING ON THE PROPOSED WITHDRAWAL APPLICATION (“NOTICE OF

PROPOSED WITHDRAWAL; SAGEBRUSH FOCAL AREAS; IDAHO, MONTANA, NEVADA,

OREGON, UTAH AND WYOMING AND NOTICE OF INTENT TO PREPARE AN

ENVIRONMENTAL IMPACT STATEMENT”) BY THE BLM POSTED ON SEPTEMBER 24,

2015. THIS NOTICE TEMPORARILY SEGREGATES THE WITHDRAWAL LANDS FOR UP

TO TWO YEARS WHILE THE APPLICATION IS PROCESSED. COMMENTS ARE DUE BY

JANUARY 14, 2016: Commissioner French requested that a couple of other items be added to the

letter related to the travel management for keeping roads open and the need for the EIS to fully comply

with the County Master Plan; he indicated that he would be willing to add a paragraph to the letter to

address these issues. Commissioner French explained the purpose of the letter to the audience.

Commissioner Cerri inquired if compliance with the State Plan could also be included. Commissioner

French indicated that he could add language related to that too. After discussion the following motion

was made by Commissioner Bell and passed unanimously:

To approve the letter drafted by Commissioner French with the inclusion of the

modifications indicated related to travel management plan, compliance with the master

plan and with the state plan.

PUBLIC COMMENTS: Chairman Brissenden asked for public comments. Lewis Trout appeared

before the Commission and commented on the importance of providing to the citizens of Paradise Valley

of the estimated cost to establish a GID; he suggested that information be provided to the citizens prior to

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any meeting and further suggested that a County Commissioner moderate the meeting.

Ron Schrempp commented on the availability of property he owns for the building of a

community hall, the contract he has signed with community members for that use and that use only, with

the stipulation that the water tower remain.

Gary Echevarria questioned if the property is for a community hall why the special use permit

applied for by Mr. Lucas on behalf of Mr. Schrempp indicates a gymnasium/sports center. Mr. Lucas

stated that it would become a community hall. Mr. Schrempp stated it is for whatever the community

needs, as long as it is for the community he is okay with it.

ADJOURNMENT: Chairman Brissenden adjourned the meeting at 12:41 p.m.

ATTESTED: ______________________________ APPROVED: _________________________

Clerk Chairman

(Minutes approved by the Commission and signed by the Chairman on ___________________)

19

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--242Submitted by: Dave MendiolaSubmitting Department: Comptroller Meeting Date: October 17, 2016

SUBJECTExpenditures

Recommendation:

ATTACHMENTS

20

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--243Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTPine Forest

Recommendation:

ATTACHMENTS

21

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--244Submitted by: Dave MendiolaSubmitting Department: Planning Department Meeting Date: October 17, 2016

SUBJECTSubmitted photos

Recommendation:

ATTACHMENTS AH-16-02 Public Notice.pdf Broken Cement Pile and Durt Piles.jpg Broken Cement Pile.jpg Durt Piles.jpg East Road way Blocked.jpg Full Road way.jpg South Broken Cement Pile.jpg South Road way.jpg West Road way Blocked.jpg West Road way.jpg West Side Lambert.jpg Keeping All of Robbie Circle.pdf

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Supporters of keeping all of Robbie Circle Lorne & Debra Lyon

10500 Kearns way

10520 Kearns way

(775) 623-2422

Zach Campbell

10055 Indian court

(775) 403-0623

George Elms

10100 Indian court

(775) 304-4334

Adolfo Ruiz

10250 Robbie circle

(775) 625-2530

David Garcia

10335 Robbie circle

(775) 304-6749

Donald Valle

Lieutenant Winnemucca Rural Fire Department

(775) 304-0670

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--250Submitted by: Dave MendiolaSubmitting Department: County Clerk Meeting Date: October 17, 2016

SUBJECTNuisance Review-Artemesia

Recommendation:

ATTACHMENTS 100_0772.JPG 100_0778.JPG 100_0779.JPG 3110 Artemesia Way Nuisance Investigation.pdf

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--245Submitted by: Dave MendiolaSubmitting Department: County Clerk Meeting Date: October 17, 2016

SUBJECTNuisance Update-Hill Drive

Recommendation:

ATTACHMENTS 100_0776.JPG 100_0777.JPG

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--246Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECT426 Bridge Street Purchase

Recommendation:

ATTACHMENTS

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--240Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTEasement

Recommendation:

ATTACHMENTS Rose Creek Easement Survey notes.pdf

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--248Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTWildfire Support Group

Recommendation:

ATTACHMENTS Wildfire Support Group Petition Rev.docx

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PETITION

The Rangeland Fire Protection Association (RFPA) known as Wildfire Support Group, has petitioned the Humboldt County Commission to be sanctioned under NRS 472.200 Rangeland Fire Protection Associations and NAC 472.100-472.170 inclusive.

An RFPA has the responsibility for prevention, protection and suppression of wildland fires on State Lands and private lands that are located within the boundaries of the established fire district or RFPA boundary. These lands, protected by the RFPA are intermingled or adjacent to lands protected by the BLM. Therefore, it is mutually advantageous, and in the public interest, for the parties to coordinate their efforts in the prevention, detection, and suppression of wildfires in, and adjacent to their areas of responsibility, including private, state, and federal lands.

Therefore, we the undersigned members of the Wildfire Support Group Rangeland Fire Protection Association hereby petition the Humboldt County Board of Commissioners for their support and approval to operate with the area defined with Humboldt County borders.

_____________________________Mel Hummel, President

______________________________Jess Frye, Vice President

______________________________Eric Hummel, Sec./Treasurer

APPROVED this 17th day of October, 2016.

BY: HUMBOLDT COUNTY BOARD OF COMMISSIONERS

Marlene Brissenden, Chairman

ATTEST:

Tami Rae Spero, County Clerk

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Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--249Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTPersonnel Policy Updates

Recommendation:

ATTACHMENTS

68

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--251Submitted by: Dave MendiolaSubmitting Department: Sheriff's Office Meeting Date: October 17, 2016

SUBJECTAdult Detention

Recommendation:

ATTACHMENTS ADULT DETENTION FACILITY MEDICAL AUTHORITY AGREEMENT 2016 (002).pdf

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ADULT DETENTION FACILITY MEDICAL

AUTHORITY AGREEMENT

THIS AGREEMENT, is made and entered into this _______ day of

_______________________, 2016, by and between HUMBOLDT COUNTY, a

political subdivision of the State of Nevada, the “COUNTY,” and

ROBBIE L. GRANT, D.O., the “PHYSICIAN.”

WITNESSETH:

WHEREAS, the COUNTY is responsible for the operation of the

Humboldt County Adult Detention Facility (“Detention Facility”) in

Winnemucca, Nevada and desires to obtain the services of a licensed

and qualified physician to provide periodic medical care services

for inmates detained at the facility and to assist with medical

services at the facility; and

WHEREAS, PHYSICIAN is qualified and licensed to practice in

the State of Nevada with experience and capability in providing

medical services pursuant to this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants,

promises, terms, and conditions herein, the parties agree as

follows:

///

///

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///

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ARTICLE I – PHYSICIAN SERICES

Section 1.1: PHYSICIAN shall provide professional medical

care services as outlined in Attachment A for inmates at the

Detention Facility on an “as requested” basis.

Section 1.2: In the event PHYSICIAN is temporarily unable to

provide medical care services for COUNTY, then PHYSICIAN shall,

with the concurrence of the Humboldt County Sheriff, designate a

suitably qualified and licensed medical professional to provide

the medical care services contemplated by this Agreement.

Section 1.3: For purposes of administering this Agreement

and the services provided by PHYSICIAN, COUNTY designates the

Humboldt County Sheriff, or the Sheriff’s designee, as the person

with authority to act on behalf of the COUNTY.

ARTICLE II – TERM/RENEWAL

Section 2.1: This agreement becomes effective upon execution

by all parties and will remain in effect until the end of the

calendar year unless sooner terminated by the terms of this

agreement. This agreement will automatically renew for two (2)

successive one year terms beginning January 1 and ending December

31 of each calendar year unless written notice is given by either

party (30) days prior to the commencement of a calendar year that

the agreement will not be renewed, or unless sooner terminated as

herein provided.

///

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ARTICLE III – CONSIDERATION

Section 3.1: COUNTY shall pay PHYSICIAN fees for medical

care services as follows:

A. A fee of $95.00 per inmate for each inmate provided services at the PHYSICIAN office or at a

site other than the Detention Facility;

B. The customary fee in effect for each Inmate provided services at the PHYSICIAN office or at a

site other than the Detention Facility.

Section 3.2: PHYSICIAN shall submit periodic invoices to

COUNTY for services provided, and COUNTY shall remit payment within

thirty (30) days of receipt of an invoice.

Section 3.3: The PHYSICIAN is responsible for payment of

federal, state and local taxes, fees and withholding resulting

from the compensation received by PHYSICIAN pursuant to this

Agreement.

ARTICLE IV – RELATIONSHIP

Section 4.1: COUNTY is contracting for the performance of

PHYSICIAN’s services as an independent contractor and COUNTY does

not control the manner in which PHYSICIAN shall exercise medical

judgment nor does COUNTY retain control over the methods and

procedures to be utilized in the performance of PHYSICIAN‘s

professional activities.

Section 4.2: No relationship of employment, partnership,

joint venture or agency is created or intended to be created by

this Agreement and PHYSICIAN shall have no claim against COUNTY

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for services provided under this Agreement for vacation pay, sick

leave, retirement benefits, social security, workers’

compensation, disability or unemployment insurance benefits, or

employee benefits of any kind.

ARTICLE V – PHYSICIAN WARRANTIES

Section 5.1: PHYSICIAN represents and warrants that: (I)

PHYSICIAN is a doctor of osteopathy, presently duly licensed and

in good standing, without restriction, as a physician in the State

of Nevada; (II) PHYSICIAN will maintain and keep in good standing

the Nevada license to practice medicine without restriction or

challenge during the term of this Agreement; and, (III) PHYSICIAN’s

services provided pursuant to this Agreement shall be consistent

with the standard care and quality of services generally available

from general practice physicians in the Winnemucca, Nevada area.

ARTICLE VI – INDEMNIFICATION

Section 6.1: The PHYSICIAN assumes all liability for and

agrees to defend protect, indemnify and hold harmless the COUNTY

against liability, claims, demands, costs, losses and expenses,

including attorney fees, for damage to property or injury,

including death to persons, arising from the active or passive

negligence or willful misconduct of PHYSICIAN in performing

services pursuant to this Agreement.

///

///

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ARTICLE VII – INSURANCE

Section 7.1: The COUNTY shall maintain, at COUNTY expense,

professional liability insurance for PHYSICIAN for claims arising

out of the performance of PHYSICIAN’s services as described herein

on such terms (current coverage is in excess of any other coverage

available) and within the coverage limits (current coverage does

not exceed $1,000,000 per event) defined in the COUNTY professional

liability endorsement providing for such coverage, it being

understood that the COUNTY maintained insurance is from time to

time subject to changes in terms and coverage limits without

notice.

Section 7.2: PHYSICIAN shall, at PHYSICIAN expense, be

responsible for procuring and maintaining any other insurance

coverage applicable to services provided by PHYSICIAN pursuant to

this Agreement, including “tail coverage” or continuation of

insurance after termination of the services provided hereunder.

Section 7.3: PHYSICIAN shall promptly notify COUNTY of any

claim or threatened claim based on services provided by PHYSICIAN

or under PHYSICIAN’s supervision, and shall cooperate fully with

COUNTY and the insurers in investigation, defense, and other

disposition of such claims, including not making any voluntary

statements or commitments which could prejudice defense of same.

///

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ARTICLE VIII – EQUIPMENT/SUPPLIES

Section 8.1: PHYSICIAN shall provide, at PHYSICIAN expense,

equipment and supplies that are necessary for conducting the

PHYSICIAN services provided pursuant to this Agreement.

ARTICLE IX – NON-DISCRIMINATION

Section 9.1: PHYSICIAN shall, while performing services and

duties pursuant to this Agreement, uphold and abide by all laws

pertaining to equal access and employment opportunities,

including: Title VI and VII of the Civil Rights Act of 1964, as

amended, the Age Discrimination in Employment Act of 1967, as

amended, the Age Discrimination in Employment Act of 1975, the

Equal Pay Act of 1963, Section 501 and 504 of the Rehabilitation

Act of 1973, the Civil Rights Act of 1991 and Americans with

Disabilities Act of 1990.

Section 9.2: PHYSICIAN shall not discriminate against the

COUNTY, the Humboldt County Sheriff, and their officers,

employees, agents or any other individual the PHYSICAN comes into

contact with by reason of the services performed pursuant to this

Agreement because of race, color, religion, age, sex, sexual

orientation, national origin, veteran’s status or disability

(including AIDS and related conditions).

///

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///

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ARTICLE X – TERMINATION

Section 10.1: This Agreement and the services of PHYSICIAN

may be terminated without cause by COUNTY or PHYSICIAN upon service

of a written notice of termination upon the other party. The

termination shall become effective not sooner than thirty (30)

days following service of the notice of termination, unless another

time is mutually agreed upon by COUNTY and PHYSICIAN.

ARTICLE XI – RELEASE

Section 11.1: Upon any termination of this Agreement and

upon acceptance of all compensation for services performed, the

PHYSICIAN shall be deemed to have voluntarily released and

discharged the COUNTY, the Board of Commissioners of the COUNTY,

the Humboldt County Sheriff, and their officers, employees, agents

and successors and assigns, individually and collectively, and in

their official capacities, from any and all liability arising out

of PHYSICIAN providing services under this Agreement.

ARTICLE XII – GENERAL CONDITIONS

Section 12.1: This Agreement may be modified or amended only

in writing by an instrument executed with the same formality as

this Agreement.

Section 12.2 This Agreement and all rights and obligations

hereunder shall be governed by and construed in accordance with

the laws of the State of Nevada in effect from time to time. In

the event litigation is used to enforce or interpret the provisions

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of this Agreement, such litigation is to be brought and adjudicated

in Humboldt County, Nevada and the parties waive the right to

bring, try or remove such litigation to any other county or

judicial district; provided, however, nothing in this Agreement

shall be construed to limit the right of a court of competent

jurisdiction to change the venue.

Section 12.3: This Agreement relates to the performance of

services by PHYSICIAN and shall not be transferred or assigned by

PHYSICIAN without the prior written consent and agreement of

COUNTY. Any unauthorized transfer of this Agreement shall be void.

The COUNTY may assign this Agreement to a successor entity of

COUNTY.

Section 12.4: This Agreement will inure to the benefit of

and bind the respective successors and permitted assigns of the

parties hereto.

Section 12.5: The captions or titles used in this Agreement

shall have no effect on its interpretation and are for convenience

and reference only and in no way define limits or describe the

scope of this Agreement or the scope or content of any Agreement

provision.

Section 12.6: In the performance of services pursuant to

this Agreement, there shall be compliance by COUNTY and PHYSICIAN

with all applicable laws, regulations and rules, and PHYSICIAN

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shall comply with applicable COUNTY and Detention Facility

policies.

Section 12.7: Whenever the construction of this Agreement

requires, singular terms shall be deemed plural, and plural the

singular; and, masculine shall be deemed to be feminine or neuter,

and feminine the masculine or neuter. The language of all parts

of this Agreement shall in all circumstances be construed as a

whole, according to its fair meaning, and not strictly for or

against any party. The doctrine or rule of construction against

the drafting party shall not apply, nor shall any presumption

apply, to the interpretation and/or enforcement of this Agreement

or any documents attached to this Agreement.

Section 12.8: This Agreement may be executed in

counterparts, each of which when executed and delivered shall be

deemed an original, but all such counterparts together shall

constitute one and the same instrument.

Section 12.9: The capitalized terms used in this Agreement

with reference to federal or state law or regulation shall have

the meaning ascribed to such term in the law or regulation. The

term “PHYSICIAN” as used in this Agreement shall include, when the

context requires inclusion, all PHYSICIAN associates and

subcontractors, agents of PHYSICIAN used to provide services or

carry out PHYSICIAN services under this Agreement, and authorized

assignees of PHYSICIAN.

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Section 12.10: This Agreement contains the entire

understanding between the parties and there are no terms, promises,

conditions, inducements, representations or warranties, express or

implied, other than as herein set forth. This Agreement and the

other instruments attached hereto or herein referred to supersede

any prior discussions, contracts or agreements of the parties

pertaining to the subject of this Agreement.

Section 12.11: Any notice, request, or demand or other

communication pursuant to this Agreement shall be in writing and

shall be considered given (I) upon personal service to the party

to be served, or (II) upon acknowledgment of receipt or proof of

transmittal of a facsimile or other electronic transmission or

communication, or (III) upon the sooner of first attempted delivery

or receipt for Federal Express or other similar delivery service

keeping records of deliveries and attempted deliveries, or (IV)

seventy-two(72) hours after deposit in the United States mall,

certified and postage prepaid, return receipt requested, in a

regularly maintained receptacle for the deposit of United States

mail to the party to be served at their address given herein, that

is:

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If to COUNTY: County of Humboldt

Attn: County Administrator

50 W. Fifth Street, Room 205

Winnemucca, Nevada 89445

If to PHYSICIAN: Robbie L. Grant, D.O.

P.O. Box 417

Winnemucca, Nevada 89446

or at such other address or attention as from time to time may be

specified by either party by notice to the other party in the

manner herein provided.

Section 12.12: The recital and introductory paragraphs of

this Agreement are considered an integral part of this Agreement

and form a basis for entering into this Agreement and shall be

considered prima facie evidence of the facts, events, documents

and information referred to therein.

Section 12.13: The parties represent that they have read this

Agreement, that the terms and provisions of this Agreement have

been explained to them and that they are fully aware of the

contents and binding legal effect of this Agreement and that they

are entering into this Agreement freely and voluntarily.

Section 12.14: The enforceability, voidability, invalidity

or illegality of any provisions of this Agreement shall not render

any other provisions unenforceable, void, invalid or illegal.

Section 12.15: Time is of the essence of this agreement and

each of its provisions.

80

12

Section 12.16: All waivers under this Agreement must be in

writing and signed by the party against whom the waiver is sought

to be enforced. One or more waivers of any term, condition or

covenant by either party shall not be construed as a waiver of any

other term, condition or covenant.

IN WITNESS WHEREOF the parties have executed this Agreement

effective as of the day and year first above written.

ATTEST: COUNTY:

___________________________ By ___________________________

Its __________________________

PHYSICIAN:

Date:______________________ _____________________________

Robbie L. Grant, D.O.

81

13

ATTACHMENT A

TO

ADULT DETENTION FACILITY MEDICAL SERVICES AGREEMENT

1. PHYSICIAN shall attend to the medical needs of inmates, on a case by case basis, at the Detention Facility.

2. PHYSICIAN shall, in the event of a medical emergency, assure that normal protocol is followed for transportation

of the detention Facility inmates and disposition of the

medical emergency.

3. PHYSICIAN shall assist in arranging specialist consultation as needed by Detention Facility inmates.

4. PHYSICIAN shall keep and record this information necessary to insure the proper care of Detention Facility inmates,

and provide legal documentation of same.

5. PHYSICIAN shall review and countersign all medical records generated in the Detention Facility.

6. PHYSICIAN shall oversee and be responsible for the distribution instructions for prescription medication used

in the Detention Facility and prescribed by PHYSICIAN.

ATTACHMENT A

82

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--252Submitted by: Dave MendiolaSubmitting Department: Planning Department Meeting Date: October 17, 2016

SUBJECTSet To Public Hearing-16-02-01

Recommendation:

ATTACHMENTS 10-17-16.pdf

83

Memo

TO: Dave Mendiola

Tami Spero

FROM: Planning Department/BL

DATE: October 7, 2016

RE: County Commission Meeting October 17, 2016

Please place the following on the agenda for the 10/17 HCC meeting:

Please set the following for public hearing:

AH-16-01 An abandonment request submitted by Steve Dixon to abandon an approximate 60

foot by 285.85 foot easement (known as Anna Way) along the east side of assessor’s parcel

#3738-15-102-003; along the west side of assessor’s parcel #3738-15-126-001 between

Delaney Drive and Ivan Drive.

TH-16-01 An ordinance repealing Humboldt County Code Title 17 Chapter 17.68 Conditional Use Permits and replacing all provisions of Title 17 Zoning, Chapter 17.68 regarding Conditional Use Permits, including but not limited to Conditional Use Permit Applications through the appeal process and other matters properly relating thereto.

TH-16-02 An ordinance adding new Chapter 17.69 Above Ground Utility Projects to Title 17 Zoning, to the Humboldt County Code to allow for a permit for construction of an aboveground utility project located in a Master Plan designated utility corridor; and an ordinance to allow for a permit for construction of an aboveground utility project which is not

located within a Master Plan designated utility corridor and other matters properly relating thereto.

TH-16-03 An ordinance repealing the Humboldt County Code Title 17 Zoning, Chapter 17.70 Amendments to Title and Plan adding a new Chapter 17.71 “Amendments to Title and Plan” and other matters properly relating thereto. For the purpose of modifying the Chapter numbers only.

TH-16-04 An ordinance adding new Chapter 17.70 Renewable Energy Generation Projects to the Humboldt County Code Title 17 Zoning, to allow for a conditional use permit and an expedited conditional use permit for Renewable Energy Generation Projects to include an application process, requirements, and fees, and other matter properly relating thereto.

84

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--260Submitted by: Karen BannisterSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTHUMBOLDT TV DISTRICT: APPROVAL TO STOP TV DISTRICT ASSESSMENT (FOR POSSIBLEACTION)

Recommendation:Approval

ATTACHMENTS TV District Josh Burchette.pdf

85

- HUMBOLDT COUNTY, NEVADA

TelevisionlRadlo Tax Refund CeftificationNoucher

Pay To: JcSj] 3’arcA e77tC Humbddt Television Depaflfredt OoboJtho1/0 \J jddress: /755 5/crr.. Pa55 M/ b Quinn River Television Distrf4t 709-000-52020

/%“,‘thilen7it’€rcc t’jJ t71yc E Denio Television District V I 716-6bb-2O1&’i,

Assessor’s Parcel # 19 1cc t ‘ Physical Address: / 765 5,arra &.p.j1j,JNe,t, tetc c 1ir / Lom ‘1c -

I/We certify that the television tax paid on the tax roll for the above parcel is incorrect because:

,t This parcel cannot be sewed by television/radio signals of the television district/departmentThere is not and will not be a television/radio receiver on this property during this tax year

C The correct number of television/radio receivers for this property should beC Other:

Under ains and penalties of perjury, a felony I/we swear that flw abovp is fle and correct.(OQ- Ct(c f)L&’ eActs,? -//;e- /O-17

fro,r, 1?n7 C/tier/Qd.

Ja___.__._.Z_.Z_.._._..._.__._.This section to be completed by T&e,tskn Beard or Manager This section to be completed by Board of County Commissioners

Communications Manager. Humboldt TV orChairman, Quinn River or Denio TV District

U

/o- /o -

Date

This section to be completed by County Administrator’s Office

•..

.9

Refund of Television/Radio Tax for reason stated above -I!eParcel#Parcel #Parcel#

TOTALI certify that the (oregoing claim Is correct and just;hat the articles specified have been received by the

proper officials of the County, the Courts and/or

Special Districts, or the services stated have been,erformed; and that they were necessary for, have

een or will be applied to County. Court or Special

District purposes.

Authorized Signature

For Comptroller Use OnlyDate

Recommend for: ApprovalLI Denial

Comments tics-c ‘s.: Ad. fS h&ctAtiQ jt1 * CO4MS 4e4icuc. TV

Request was:

By:

County Commission Approval

o ApprovedO Denied

Chairman

1)818

86

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--253Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTDispatch Software Upgrade

Recommendation:

ATTACHMENTS Bosch SW Upgrade - 911.pdf

87

88

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--254Submitted by: Dave MendiolaSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTPhase ii Water Plan

Recommendation:

ATTACHMENTS

89

Humboldt County Board of CommissionersAgenda Item Report

Agenda Item No. 2016--258Submitted by: Karen BannisterSubmitting Department: Administration Meeting Date: October 17, 2016

SUBJECTRESOLUTION OF INTENT TO SELL REAL PROPERTY AT PUBLIC AUCTION

Recommendation:Approval

ATTACHMENTS Resolution - Intent to Sell Property REV 10 12 16.pdf

90

Resolution of Intent to Sell Property – page 1 of 7

SUMMARY: A RESOLUTION OF INTENT TO SELL REAL

PROPERTY AT PUBLIC AUCTION.

RESOLUTION NO. ____________

RESOLUTION

WHEREAS, Humboldt County, a political subdivision of the State

of Nevada (hereafter referred to as “County”), owns certain

property generally described as follows:

1. Parcel located at northwest corner of Godchaux Road and

Winchester Drive, Paradise Estates, Paradise, Nevada (APN

3938-02-200-020);

2. Parcel located at northwest corner of Godchaux Road and

Browning Road, Paradise Estates, Humboldt County,

Nevada (APN 3938-12-200-005);

3. Parcel containing a portion of North ½ of Section 9, T37N,

R41E, M.D.B & M. North of Golconda in Eden Valley, east of

Osgood Mountains, Humboldt County, Nevada (APN 3741-

09-200-001);

4. Parcel located at northwest corner of Third Street &

Guernsey Avenue, approximately 100 feet east of Morrison

Avenue, Golconda, Nevada (APN 3640-32-227-002);

5. Parcel located at 140 feet west of Melrose Avenue on the

east side of Cleveland Avenue, Golconda, Nevada (APN

3640-32-251-009);

6. Parcel located at 6960 Airport Road, Winnemucca, Nevada

(APN 3537-09-476-005);

7. Parcel located at 617 Monroe Street, Winnemucca, Nevada

(APN 3638-30-428-004);

8. Parcel located at 3269 Frontier Street, Winnemucca Nevada

(APN 3638-28-255-002); and

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Resolution of Intent to Sell Property – page 2 of 7

9. Parcel located at 130 Rodeo Drive, Denio, Nevada (APN

4730-04-101-001).

These parcels are more particularly described in the Exhibits attached

hereto and incorporated herein by this reference; and

WHEREAS, these properties are not needed for County

purposes and selling the property is in the County’s best interest; and

WHEREAS, the County desires to sell the properties individually

pursuant to NRS 244.281 and 244.282 allowing for real property owned

by a county to be sold at public auction; and

WHEREAS, these properties have been appraised by two (2)

disinterested competent appraisers chosen as required by NRS

244.2795, and the County considers the findings and determinations set

forth in said appraisals to be accurate and reasonable; and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COUNTY COMMISSIONERS OF HUMBOLDT COUNTY, NEVADA,

THAT:

1. It is in the best interest of the County to sell the properties,

at auction, as provided in NRS 244.282, and the Board of County

Commissioners (hereafter referred to as the “Board”) declares the

properties as surplus to the County’s needs.

2. The sale of the properties is for purposes other than to

establish, align, realign, change, vacate or otherwise adjust any street,

alley, avenue, or other thoroughfare, or portion thereof of flood control

facility within the County.

3. The properties will be sold individually at public auction to

the highest bidder at 10:00 a.m. on Tuesday, November 22, 2016, in the

Commission Meeting Room at the Humboldt County Courthouse, 50

West Fifth Street, Winnemucca, Nevada, during the regular Commission

meeting, at which time and place all sealed bids will be opened,

examined and declared and oral bids will be taken under the following

terms and conditions.

a. Any sealed bids must be made on the County’s bid form

available at the County Administrator’s Office, located on the

92

Resolution of Intent to Sell Property – page 3 of 7

2nd floor of the Humboldt County Courthouse, 50 West Fifth

Street, Room 205, Winnemucca, Nevada.

b. The bid forms must be filled out completely and signed. A

bid form may only be used to make a bid for a single property.

If a bidder desires to make bids on multiple properties,

multiple bid forms must be filled out completely with a

separate deposit for each bid.

c. THE MINIMUM ACCEPTABLE BID FOR EACH PROPERTY,

WHICH REPRESENTS THE HIGHEST OF THE TWO (2)

APPRAISALS FOR EACH PROPERTY, IS AS FOLLOWS:

1) Parcel located at northwest corner of Godchaux Road

and Winchester Drive, Paradise Estates, Paradise,

Nevada (APN 3938-02-200-020) – Minimum Bid of

$3,000.

2) Parcel located at northwest corner of Godchaux Road

and Browning Road, Paradise Estates, Humboldt County,

Nevada (APN 3938-12-200-005) – Minimum Bid of

$20,000.

3) Parcel containing a portion of North ½ of Section 9, T37N,

R41E, M.D.B & M. North of Golconda in Eden Valley, east

of Osgood Mountains, Humboldt County, Nevada (APN

3741-09-200-001) – Minimum Bid of $17,000.

4) Parcel located at northwest corner of Third Street &

Guernsey Avenue, approximately 100 feet east of

Morrison Avenue, Golconda, Nevada (APN 3640-32-227-

002) – Minimum Bid of $13,000.

5) Parcel located at 140 feet west of Melrose Avenue on the

east side of Cleveland Avenue, Golconda, Nevada (APN

3640-32-251-009) – Minimum Bid of $5,000.

6) Parcel located at 6960 Airport Road, Winnemucca,

Nevada (APN 3537-09-476-005) – Minimum Bid of

$9,000.

93

Resolution of Intent to Sell Property – page 4 of 7

7) Parcel located at 617 Monroe Street, Winnemucca,

Nevada (APN 3638-30-428-004) – Minimum Bid of

$25,000.

8) Parcel located at 3269 Frontier Street, Winnemucca

Nevada (APN 3638-28-255-002) – Minimum Bid of

$55,000.

9) Parcel located at 130 Rodeo Drive, Denio, Nevada (APN

4730-04-101-001) – Minimum Bid of $70,000.

d. The properties are to be sold individually.

e. The properties are to be sold for cash.

f. Sealed written bids shall be submitted to the Humboldt

County Clerk, Courthouse, 50 West Fifth Street, Room 207,

Winnemucca, Nevada 89445, by not later than 5:00 p.m. on

December 1, 2016. All bids must be signed and submitted in

sealed envelopes clearly marked on the outside: “REAL

PROPERTY AUCTION”. Bidders mailing their bids assume

the risk of late delivery. Any bids received and time-stamped

after the deadline will not be considered.

g. During the meeting on December 12, 2016, any sealed

written bids will be opened, examined and declared by the

Board before calling for oral bids. Any initial oral bid must

exceed the highest written bid by at least five percent (5%),

and subsequent bids must be in increments of One Thousand

Dollars ($1,000) or more above the previous highest oral bid.

h. All written and oral bids shall be accompanied by certified

check or cashier’s check in the amount of ten percent (10%)

of the bid for the land and drawn in favor of Humboldt County.

This amount shall be forfeited as reasonable liquidated

damages to the Humboldt County, should the successful

bidder fail to enter into and/or complete the required escrow.

In submitting a bid, all bidders irrevocably agree that the

stated liquidated damages are reasonable and that it would

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Resolution of Intent to Sell Property – page 5 of 7

be impossible to determine the actual damages incurred by

the Humboldt County. Successful bidder’s deposit will be

credited toward the purchase price. Unsuccessful bidder’s

deposits will be returned to the bidder at the conclusion of the

auction.

i. The Board reserves the right to determine which bids

conform to all terms and conditions specified in this

Resolution. The Board may reject any and all bids, either

written or oral, and withdraw any or all of the properties from

the auction. The final acceptance or rejection of any bid may

be made at the same meeting or at any adjourned session of

the same meeting held within ten (10) days. Unless the

Board withdraws a property, the right to purchase a property

will be granted to the highest bidder for that property.

j. It is the bidders’ responsibility to inspect the property and to

determine the property’s condition, value, current zoning

district and master plan designation, access, matters

affecting title, applicable development codes, and all other

pertinent information about the property. The acreage stated

for each parcel is approximate and Humboldt County in no

way guarantees its accuracy. Before submitting any bid,

bidder is to satisfy himself concerning the acreage if acreage

is a critical element of the purchase decision. If the actual

acreage is different than the approximate acreage stated, it

shall in no way affect the enforceability of the bid that has

been accepted by the Humboldt County.

k. The County is selling the property in “as-is” condition and

under the assumption that the successful bidder’s purchase

of the property is based upon the bidder’s independent

investigation. The County makes no representations or

warranties regarding the property’s physical condition or

stability, the existence of hazardous materials on or under the

surface of the property, the property’s suitability for the

bidders’ purposes or for any other purpose, the property’s

value, current zoning district, master plan designation, or

access, or matters affecting title, or applicable development

codes.

95

Resolution of Intent to Sell Property – page 6 of 7

l. A tour of the property located at 130 Rodeo Drive, Denio,

Nevada will be provided for potential bidders on November

18, 2016, between the hours of 10:00 a.m. and 1:00 p.m.

m. The property shall be conveyed by quitclaim deed subject to

existing liens, encumbrances, covenants, conditions,

restrictions, reservations, rights-of-way, and easements.

n. The sale of the property shall be consummated through

escrow at Western Title Company, Winnemucca, Nevada.

All costs associated with the auction and sale of the property,

including but not limited to any escrow fees, closing costs,

title insurance premiums, real property transfer tax or other

taxes, appraisal fees, publication costs, commissions and

loan costs shall be paid by the successful bidder.

o. The deadline for close of escrow is sixty (60) days after the

Board’s final acceptance of the highest bid. Time is of the

essence. The successful bidder may request one (1) thirty

(30) day extension of the deadline for close of escrow along

with the deposit of an additional ten percent (10%) non-

refundable deposit to be applied towards the purchase price

upon closing. In the event the successful bidder fails to

perform within sixty (60) days, or ninety (90) days if an

extension has been granted, (i) the County may terminate the

escrow and rebid the Property, (ii) the successful bidder

forfeits its non-refundable deposit(s), and (iii) such failure

shall be deemed by Western Title as instruction to

immediately refund the deposit to the County without any

further instruction or court order.

p. Any individual who submits a sealed or written bid on behalf

of an entity shall be deemed to have represented and

warranted that such individual has the legal power, right and

authority to bind the entity to purchase the property on the

terms contained in this Resolution.

q. All bidders shall be deemed to have represented and

warranted that either they, or the entity or individual they

96

Resolution of Intent to Sell Property – page 7 of 7

represent, have the funds necessary to pay the amount bid

and all costs associated with the auction and sale of the

property.

DATED this __17th ___ day of ___October__, 2016.

By: BOARD OF COUNTY COMMISSIONERS

HUMBOLDT COUNTY, NEVADA

By: ________________________________ MARLENE BRISSENDEN, Chairman

ATTEST: ______________________________ TAMI RAE SPERO, Clerk

97