May 6, 2014

Ms. Bromell

stated she had asked before about the ongoing investigation and was still waiting for the information.

Commissioner Borasky

offered to answer her questions after the meeting. Dwight Lilly spoke about the Silver State Health Exchange in Nevada. An article in the Las Vegas Review said that 90,000 Nevadans may have their health insurance plans cancelled in the fall due to Obamacare and he had talked to several people who said May 6, 2014 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. their insurance had more than doubled for less coverage. Mr. Lilly asked the Commissioners to consider an agenda item stating the County would not participate in the Nevada Silver State Heatthcare Plan and to propose a committee to answer all the questions that Obamacare was supposed to in a plan that would not bankrupt employers or citizens and was reasonable and logical. Frank Maurizio advised the Private Well Owners Cooperative of Nye County was a Nevada chartered utility cooperation incorporated in April, 2014. It was a committee of property owners who were water users with domestic wells in Nye County and the State. The purpose of the cooperative was to permit the well owners to continue to provide to their property and to not exceed the natural resources available of two acre feet per year to continue in the independent lifestyle they had chosen. He said the cooperative had a meeting tonight at Emery Street. Gary Bergman asked the status of the question to the LCB Commissioner Borasky was to submit.

Commissioner Borasky

advised he had not received a response yet.

Mr. Bergman

said the Commissioners should look at a study from the State of Nevada dated December, 1970, which told the grand plan for taking all the water from Nye County and giving it to Las Vegas. He said it would be a good item for everyone to study before any more decisions were made on wells. Bradley Berthold addressed the problem regarding inadequate animal control and unnecessary, unjustified euthanasia due to the shelters having too many animals and not enough space. He found this practice unacceptable as there were volunteer- minded individuals in the County to do whatever it took to save lives and find shelter animals new homes. Sammi Philips expressed her concerns with the rate of euthanasia and her hopes for great change in the County. She had been fighting to improve conditions at the Tonopah shelter, especially on the weekends when Animal Control was not there. She noted every shelter statewide had volunteers and Yerington’s was run by volunteers.

Mrs. Philips

said she wanted the animals to be warm at night, have human interaction, and be allowed to go outside. She asked the Commissioners to visit the shelters and allow volunteers. Sam Jones felt the Commissioners needed to appoint a temporary County Clerk during the elections to keep the current Clerk from counting her own votes. May 6, 2014

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. TIMED ITEMS

Ms. Greer

stated their office worked with the Tn-County Weed Control Board in Nye County, the Eastern Nevada Landscape Coalition from Ely, the Tonopah Conservation District, the Southern Nye County Conservation District, and various federal partners. However, even with the current efforts their office still had increased pressure to enforce the State statutes regarding noxious weeds. She reviewed NRS 555 which stated each property owner was responsible to control weeds in their own backyard and the state quarantine officer could serve notice to property owners to control their noxious weeds. If a land owner failed to comply with the statutes then their office could notify the Board of County Commissioners and it was the Board of County Commissioners who shall have the weeds abated. lithe landowner did not pay those costs the County could place a lien on the property. Ms. Greer advised this presentation was the first step to make everyone aware of that statute and the pressure they were under to enforce it.

Commissioner Borasky

noted the regulations Ms. Greer talked about were unfunded mandates and 98% of Nye County was controlled by the federal government. He suggested Ms. Green talk to them a little bit and spend time with Commissioner Wich man as she was active in the weed issues.

Ms. Greer

said another item they had started was a noxious weed abatement and cost share program for counties if abatement needed to be performed. Douglas County used this cost share when they performed their first abatement two weeks ago and Ms. Greer’s office wanted to make sure the counties were aware of it. May 6, 2014 8. 10:00 Presentation by Nevada Department of Agriculture regarding noxious weed control in this area.-Cont’d.

Ms. Greer

said her office was open to feedback and continuing regular communication and updates. Their plan was to come out at the beginning of and late in the season.

Mrs. Eastley

asked if the NRHA would have to pay the Town of Tonopah for the property. Mr. Hult explained they worked to have property donated as that level of donation allowed them to keep the project costs down and bring down the market rate.

Mr. Hult

further advised there would be about three months of planning and getting the surveys and required studies taken care of prior to construction. He said they built through four different modular home producers, all of which were outside of Nevada as there were no companies in Nevada that produced modular homes.

Commissioner Cox

expressed concern with the materials being purchased and the development being put together outside of the State of Nevada. She said she would like to see a cost comparison to keep the taxpayers’ money in the State. COUNTY MANAGER

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. May 6, 2014 TIMED ITEMS-Cont’d. 12. 10:45 For Possible Action Public Hearing, discussion and deliberation — — regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2014—15: an ordinance amending Nye County Ordinance No. 450 to increase the maximum potential generating capacity of the Sunshine Valley Solar Power Plant from 65 mega-waffs to 110 mega-waffs (ac); providing for the severability, constitutionality and effective date hereof; and other matters properly related thereto; and 2) set an effective date.

Commissioner Wichman

made a motion to adopt Bill No. 2014-15 with an effective date of May 26, 2014; seconded by Commissioner Carbone; 5 yeas.

Commissioner Schinhofen

opened and closed the public hearing. 13. 11:00 For Possible Action Public Hearing, discussion and deliberation - — regarding a request to: 1) adopt, amend and adopt, or relect Nye County Bill No. 2014-1 9: A Bill proposing to amend the adopted Ordinance No. 414 that Amended Nye County Ordinance No. 410: An Ordinance that adopted the Development Agreement with Tonopah Solar Energy, LLC, for the Crescent Dunes Solar Energy project, located in the southern portion of Big Smoky Valley, north of U.S. Highway 9516 along the Gabbs Pole Line Road (State Highway 89); was adopted by the Board of County Commissioners at its July 19, 2011 meeting; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Bill No. 2014-19 with an effective date of May 26, 2014; seconded by Commissioner Cox.

Commissioner Borasky

stated when the project originally came in he was very skeptical about them being able to produce enough workers in Nye County and the Board should have been a little more cautious on requiring off-set compensation for the people who worked in Nye County.

Commissioner Wichman

made a motion to approve the contract; seconded by

Commissioner Borasky

; 5 yeas. May 6, 2014 TIMED ITEMS-Cont’d. 14. 11:15 For Possible Action Presentation! discussion! and deliberation by — — Nevada Department of Transportation regarding the Nye County 2015 Work Program. Rudy Malfabon, Director of NDOT, introduced the members of the NDOT staff with him as well as State Controller Kim Wallin and Susan Kiekar, Division Administrator of the Federal High Administration Office in Carson City.

Mr. Malfabon

began by reviewing the transportation bill called MAP21, which expired September 30, 2014. In August the Highway Trust Fund would run into the red so something had to happen this summer to either pass a new transportation bill or cut the funding the states received from the federal government. NDOT was watching that closely. They would present a list of projects to their transportation board next Monday that could be affected, but there were projects NDOT would still proceed with like preservation needs on the state highways and a couple of critical projects in Las Vegas.

Mr. Malfabon

discussed NDOT’s zero fatalities program; NDOT’s coordination with the locals and State on data collection on all public roads; N DOT’s Transportation Alternatives Program; the Statewide Transportation Improvement Project; and the road relinquishment process. Regarding past issues brought up by the Board of County Commissioners, Mr. Malfabon provided the following updates: • The stretch of SRI 60 north of Pahrump was in the long-range plan for addressing the shoulders, but there was nothing for widening it yet. • The one mile section on SRi 60 from Homestead to Calvada Boulevard had been moved up to 2016. • Improving the right-turn lane at U.S. 95 was anticipated to be a project in 2017/2018 and would include a right-turn lane, shoulder widening, and lighting. • Community workshops for the anticipated roundabouts in Pahrump should be held in February. • NDOT’s maintenance forces cleaned out the culverts at SRi 60 and Trout Canyon in December, 2013, but knew they needed to keep checking them. • The project for Jackass Flats was slated for fiscal year 2015. • Regarding four-wheel vehicles crossing NDOT roadways and the signage, NDOT’s process was to request an encroachment permit for any improvements the County would make to the State highway. May 6, 2014 14. 11:15 For Possible Action Presentation, discussion, and deliberation by — — Nevada Department of Transportation regarding the Nye County 2015 Work Program.-Cont’d. Concerning the drainage at SR372 and Bannavitch, NDOT’s hydraulics engineers investigated that intersection several years ago and recommended a box culvert at that location to alleviate the flooding. Unfortunately there was no funding. Mr. Malfabon said they would have to take this on at headquarters, but they would see if there were some other sources of funds for this improvement. • At a previous workshop Dave Fanning had asked about the possibility of constructing a beltway around Pahrump. Mr. Malfabon said obviously that was a huge expense, but it was something NDOT could look at. They intended to get it in the long-range plan to look at the feasibility of it. • Coal millings were placed to stabilize the shoulders in the area of SRi 60 north of Pahrump due to frequent washouts during storm events. • NDOT’s safety personnel were looking to see what could be done to fund street lighting in the Saddle West area and the need for a crosswalk. • Regarding the sharp curve on Johnny Summit and the request to widen the roadway, NDOT’s safety engineer was looking at ways to incorporate that work into some planned projects. Mr. Malfabon said NDOT would keep the Board informed if they could address that.

Commissioner Carbone

asked for the date the roundabouts would start.

Mr. Malfabon

said the workshop was scheduled for February and the roundabouts were scheduled for fiscal year 2016 and would be funded by federal safety funds. The costs shown in the back-up were construction costs and probably did not include any needed tight-of-way purchases.

Commissioner Cox

said she would like to see lighting from one end to the other on Highway 160 as a future project since it was so dark. She also asked about whether NDQT would take on the cost of the lights in front of Wal-Mart that were never lit as well as when the shoulder repair along Highway 160 from Basin to U.S. 95 would happen.

Mr. Malfabon

said they would have to look at the specifics for the lighting around Wal Mart and find out why the lights were not operating. As far as the shoulder repair, that was a long-rangeelement and had not been identified for funding or a start date.

Commissioner Cox

stated she was at a CIP meeting a couple of years ago where two men from the State Highway Department stated that road was too narrow and did not meet today’s standards for a highway. She felt that made NDOT liable in a lawsuit. May 6, 2014 14. 11:15 For Possible Action Presentation, discussion, and deliberation by — — Nevada Department of Transportation regarding the Nye County 2015 Work Program.-Cont’d.

Commissioner Cox

did not know if that would include the County, but she was bringing it to Mr. Malfabon’s attention to let him know that the County was aware of that and was trying to do something to avoid being dragged into a lawsuit. Darrell Lacy advised Nye County requested that DOE assist with improvements to that road as mitigation for low level transportation through Pahrump to the Test Site. There was a meeting a couple of weeks ago where some of these issues were discussed and the State had a working group that was negotiating with DOE on this plus other mitigation issues. He suggested Mr. Malfabon talk with that working group as it might get the project moved up on the priority list if outside funding was available. Joni Eastley thanked and recognized NDOT for being such a tremendous collaborator in the Nye County Senior Nutrition Transportation Program.

Mr. Malfabon

added they were wrapping up the environmental document for the SRI 60 widening at Mountain Spring Summit and anticipated doing the first phase in a couple of years.

Mr. Malfabon

requested the County accept NDOT’s proposed highway projects for fiscal year 2015.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. PUBLIC PETITIONER

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman. Kaitlin Katzenbach, president of the 4-H Ambassadors, explained the ambassadors were about bringing the north and south together to show how people lived in the different areas. May 6, 2014 43. For possible action Discussion and deliberation regarding a proclamation declaring May 8, 2014 as University of Nevada Cooperative Extension Day in Nye County.

Commissioner Schinhofen

opened the public hearing. Bill Dolan, appearing as a staff judge advocate for the Disabled American Veterans Chapter 15 in Pahrump, Nevada, said this ordinance was created on a tax fee to the brothels throughout the County for the office to be serviced five days a week with a full- time staff and an overseer. Now veterans services would be done away with and the fees charged would go directly to the general fund. He recommended the Board not do that and re-open the office. Jose Telles said there was a State representative that came two or three days a week, but there were still veterans waiting to get their claims done to get their benefits. He thought the worst thing that ever happened to the Veterans Office was the deletion of the full-time person because not only was he there from 8:00 a.m. to 5:00 p.m., he also went out at night and helped veterans that could not come in.

Commissioner Borasky

said he understood that since the State had taken it over it was far superior to what it was before and the complaints had gone away. If there were complaints he wanted to know about them so he could get them addressed. Judy Neal, manager of the Chicken Ranch brothel, said that due to the economy it was harder for her ladies to do their profession legally. They did not question the fee when it was raised as it was going to the veterans, but now that the office was closed they wanted to know where the money was really going and what it was really doing. Ms. Neal felt the money should be returned to them. Brandi Matheny, the Nevada Veterans’ Services Officer for Nye County and its outlying areas, stated she had been in the office three days a week since Match 8, 2012. May 6, 2014 If. 10:45 For Possible Action Public Hearing, discussion and deliberation — — regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 201 3-29-Cont’d. Personally she had not received any complaints about someone not receiving help. She also did homebound visits and did everything she could to get the word out that she would be in an area. Ms. Matheny advised she received word today from the program manager that a grant approval had been received for another employee for 40 hours a week for the next two yeats.

Commissioner Carbone

wondered if there was a way to set up a fund account to use those dollars for the current office or support the individuals going out to find the veterans, or if equipment could be purchased to support their activities instead of just putting this in the general fund as that was not the original intent.

Commissioner Carbone

made a motion to continue the public hearing until the particulars of the use of the funds could be figured out; seconded by Commissioner Borasky. Art Jones said if people were providing funds for a position then that position should be filled.

Ms. Matheny

added that neither the County nor the State could control how long it took to process a claim as it depended on a lot of factors including who filed it, how it was filed, and what documentation was required. Whether there were six people or one person working on it would not make the claims process any faster or any different. She admitted she was understaffed, but the person coming in would help with that gap. Steven Lee stated it took him four years to get his 100% disability, some of which was due to Ken Shockley’s office shutting down. He said taking the money away from what it was intended for was not right. If it was not going to be used to help out veterans then it should be returned to the people who paid the fee. Bruce Cook said the length of time it took to process the claim was not the problem. It was the help with the paperwork because if the person who was helping with the paperwork did not know what they were doing they would not get anywhere with the Veterans Administration.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

advised this item was being pulled from the agenda. PLANNINGIBUILDING 39. For possible action Discussion and deliberation on a request for a Grant of Easement from Nye County to Richard D. & Patricia L. Randolph, approximately 1.11 feet in width on the south, .25 feet in width on the north & 32 feet in length, containing 21.8 square feet, further described as AP #08-126-26 F#793961 Parcel 2, Edwards Street located in the Town of Tonopah; Richard D. & Patricia L. Randolph OwnerlRequestor (EA-14-0001).

Commissioner Wichman

made a motion to approve the grant of easement to Richard D. and Patricia L. Randolph subject to the recommended conditions of approval section of the report after having made the findings outlined in the staff report, and further instructed staff to record the grant of easement and exhibits document; seconded by

Commissioner Borasky

; 5 yeas. 40. For possible action Discussion and deliberation on recording of an Amended Order of Abandonment correcting a typographical error in the legal description of the Order recorded February 17, 1967 Book 94 Page 304 Nye County official records; the street or alley extending between Edwards and Prospect Streets at the approximate location of Lot 5 Block 1, within the Town of Tonopah, Nye County, Nevada (AO-14-0001).

Commissioner Wichman

made a motion to approve the amended order of abandonment and instructed staff to record the amended order; seconded by Commissioner Borasky; 5 yeas. The Board was in recess until 2:00 p.m. BOARD OF COMMISSIONERS 22. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters.

Commissioner Borasky

was not present.

Commissioner Wichman

made a motion to go into closed meeting; seconded by

Commissioner Cox

; 4 yeas. May 6, 2014 23. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. The Board was in closed meeting. 24. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Wichman

said that if by June 1, 2014, positive plans for action with a reasonable completion date was not received she wanted to follow the path taken by Pershing County and have the remaining animals declared a nuisance. She asked for staff assistance with that. Dwight Lilly objected to any plan that would reduce the herds in Nye County.

Commissioner Wichman

said the information given in the back-up included a consent decision that was signed by members of the BLM to keep the herd management levels in Little Fish Lake Valley at a certain number. That was done because those were grazing allotments where active ranching took place at the same time and the herds had been allowed to grossly outpace the numbers of what was supposed to be on those allotments. Tina Trenner said she had been watching the situation with the wild horses and the ELM for many years and felt what was done to the horses was abusive. In 1992 the ELM estimated the herds to be at 30,000. She said people were hired to go out and count them and found only 15,000, so the numbers were inflated. Although the population could be controlled with castration, it was never controlled and ultimately the horses paid the price with their lives and abuse, and the taxpayers paid for that.

Commissioner Wichman

stated she used no binoculars, never left the main road or the passenger seat of the pick-up truck, and she counted 252 horses. The Wild Horse and Burro Act provided every tool they needed to take care of the numbers. She emphasized the County was not asking them to go kill horses. The request was for them to control that particular allotment at the numbers they agreed to in 1992 when May 6, 2014 27. For Possible Action Discussion and deliberation regarding a letter of request from the Bureau of Land Management concerning a plan for the over populated feral horses in Nye County.-Cont’d. they had a consent decision made by the BLM, the ranchers at the time, and the resource management staff. Commissioner Wichman said it was cruel to the animals out there when there was no resource for food or water.

Ms. Trenner

asked why those horses were overlooked and how many cows were grazing there. She did not feel the BLM was needed. Priscilla Lane noted Commissioner Wichman had mentioned to her that she was against the way the BLM rounded up the wild horses, but now she was asking them to do exactly what she said she was against. Ms. Lane said Commissioner Wichman was assisting the rancher with the horse situation and asked what she would do to assist the horses when they were taken off the range.

Commissioner Wichman

advised she learned yesterday there was a temporary holding facility being opened around Dyer, so if a gather was done in Little Fish Lake Valley that was where the horses would go. She did not like seeing the round-up with helicopters because it ran the horses and was not an effective means to move them. She also just learned they were making arrangements to move some of the horses out of state to places where people could enjoy them. Commissioner Wichman stated what bothered her was this conversation about managing the numbers. She said while there were only 200 in the herd at Spring Mountain, the north was totally and completely overrun. Eddie Jim said he disagreed with rounding the horses up as it was not known where they would go.

Ms. Lane

said she was against the letter.

Commissioner Cox

suggested that someone film the horse activity in the north to show the people in Pahrump. She noted a lot of horses ended up at slaughter and she did not believe that if the BLM came in they would not end up dead. She could not support allowing the BLM to do this.

Commissioner Wichman

stated all this letter did was formally document what she had already asked them to do and showed the County’s due diligence.

Commissioner Carbone

wished they could do it in a more humane way.

Commissioner Borasky

applauded Commissioner Wichman on writing the letter and the finesse she put into it. He said it just asked them to do their job and he did not think anybody was advocating the killing of any horses. May 6, 2014 27. For Possible Action Discussion and deliberation regarding a letter of request from the Bureau of Land Management concerning a plan for the over populated feral horses in Nye County.-Cont’d.

Commissioner Carbone

explained he voted no because of the ongoing issues with BLM. CLERK 29. For Possible Action Discussion and deliberation to appoint one (1) member to the Amarosa Town Board to fill a vacancy for an unexpired term.

Commissioner Carbone

made a motion to approve Bob Little to the Amargosa Town Board for the unexpired term; seconded by Commissioner Borasky; 5 yeas. 30. For Possible Action Discussion and deliberation to appoint one (1) member to the Tonopah Town Board to fill a vacancy for an unexpired term.

Commissioner Wich

man made a motion to appoint Tom Seley to the unexpired term ending January, 2017; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS-Cont’d. 28. For Possible Action Discussion and deliberation regarding revisions to the Pahrump Commissioner Chamber Guidelines.

Commissioner Borasky

explained there were comments recently that some members of the public were concerned that the Commissioners could drink coffee but the audience could not. What he was suggesting was to leave the wording for no food, but allow drinks as long as it was bottled water or cups with a cap and people had to be responsible not to spill it.

Commissioner Borasky

made a motion to change the language to reflect that; seconded by Commissioner Wichman; 5 yeas. May 6, 2014 TIMED ITEMS-Cont’d. 9. 10:15 Sitting as the Board of County Road Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nve County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.1 70 and R.S. 2477 Right- of-Way.

Commissioner Carbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Wichman

made a motion to adopt Resolutions RC2014-161 through RC2OI 4-200; seconded by Commissioner Schinhofen.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

asked for an update on the trash situation with the tribe in Duckwater. Mr. Fanning advised he had a meeting scheduled with Pat Knight on May 14, 2014, at 11:00 a.m.

Commissioner Carbone

commended Public Works on the pothole repairs. Tim Carlo from Public Works informed the Commissioners that maintenance on the three traffic signals in town was tentatively scheduled for May 19, 2014, beginning at 9:00 a.m. He did not anticipate it affecting traffic, but if they had to cycle the signal it would go into a four-way flash for a period of time.

Commissioner Schinhofen

asked what was going on at Turner and Homestead today.

Mr. Carlo

said they were shouldering the road to repair the large drop-offs out past Turner on the west side where the OHVs travel.

Commissioner Borasky

asked when the Manse Road reconstruction would start. Mr. Fanning said hopefully within a month.

Commissioner Carbone

suggested puffing information about the traffic light work on the radio or news as well as in the paper to let people know. May 6, 2014 17. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.1 70 and R.S. 2477 Right-of-Way.

Commissioner Wichman

made a motion to set the time, date, and location for the public hearing as June 3, 2014, at 10:15 a.m. during the Tonopah meeting on Resolutions RC2014-241 through RC2014-280; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Carbone

asked that item 21 be pulled for discussion.

Commissioner Wichman

made a motion to approve items 18-20; seconded by

Commissioner Borasky

; 5 yeas. 18. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Wichman

made a motion to approve items 18-20: seconded by

Commissioner Borasky

; 5 yeas. 19. For Possible Action Approval to apply for SFY 2015 Federal Transit Administration Section 5311 grant for operating expenses, specifically assistance with fuel costs and transportation dispatcher.

Commissioner Wichman

made a motion to approve items 18-20; seconded by

Commissioner Borasky

5 yeas. 20. For Possible Action Approval to accept the State of Nevada Division of Emergency Management (DEM) FFYI4 Emergency Preparedness Working Group (EPWG) grant award.

Commissioner Wichman

made a motion to approve items 18-20; seconded by

Commissioner Borasky

; 5 yeas. May 6, 2014 21. For Possible Action Approval to apply for the 2014 US Department of Justice, Bureau of Justice Assistance: Bryne Justice Assistance Grant (JAG) for overtime monies for narcotics highway interdiction.

Commissioner Carbone

said he had an issue with this particular item as it talked about overtime money for deputies to do night work. Paula Cooper from the Sheriff’s Office said it was not specifically night. She explained the grant focused on highway interdictions and helped to keep drugs from coming into the community from northern Nevada. This program was fully funded and did not cost the Sheriff’s Office any money to put these officers on overtime to do these interdictions.

Commissioner Schinhofen

asked if the grant award would come to the Board for approval. Ms. Cooper said yes.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Cox

did not understand the need to pay officers overtime. If they worked their standard shifts then that should be good enough. To her this looked more like a grant that should go to the highway patrol.

Commissioner Wichman

made a motion to approve Proclamation 2014-02; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS-Cont’d. 25. For Possible Action Discussion and deliberation to approve a letter opposing a US Senate bill discussion draft of the Nevada Sagebrush Landsc ape Conservation and Economic Development Act sponsored by Senators Heller and Reid. and supporting other communities in Nevada who also oppose the bill.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. May 6, 2014 26. For Possible Action Discussion and deliberation regarding a letter of support of a tire recycling facility in Nevada to Nevada Rubber Nuggets (NRN).

Commissioner Wichman

said she had many questions on this and she could not get any answers. She wanted to know where it would be located, why they needed a letter of support from Nye County, and where they intended to stockpile the gathered tires, which was her largest concern. Pam Webster advised the facility would be in Lovelock, with the ultimate goal to be able to send trucks down here that would do on-the-spot shredding and packaging and then take that back to their distributors. She spoke with the local landfill operator and they would welcome something like this to be able to relieve them of tire storage and accumulation. Mrs. Webster saw nothing objectionable to proceeding. She added the company planned to move from California and they had several uses identified for the final end product. Her intent in the letter of support was just to state that Nye County supported this kind of operation in the north or south areas of the County.

Commissioner Wichman

suggested getting the input of Pershing County to see if they wanted Nye County to support this. Staff was instructed to contact Pershing County and bring the item back. DISTRICT ATTORNEY 31. For Possible Action Discussion and deliberation regarding a resolution requesting assistance from the Attorney General pursuant to NRS 228.130 regarding the prosecution of State of Nevada v. Richard Marshall and Ben Gulley. Brian Kunzi explained this was a process done a few times when there was a conflict. This one was unique for him as it was more personal from the standpoint of the work he did as County counsel working with both of these people on many issues. He thought it created an interesting problem for him to be impartial in any type of investigation and recommended submitting this with the resolution to the Attorney General.

Commissioner Carbone

asked about a grand jury.

Mr. Kunzi

said it could be done and this would be a perfect thing for a grand jury, but a prosecutor was needed so it was a good thing to place with the Attorney General, If a grand jury was impaneled by the court then the Attorney General would work with them. Dwight Lilly felt it should be handled by one of the deputy county attorneys if Mr. Kunzi could not handle it. He was against the resolution to send it to the State.

Mr. Kunzi

advised he had a professional code of ethics he had to comply with. Due to his relationship with all of the parties involved he had a conflict and under those rules if he had a conflict then his entire office had a conflict. May 6, 2014 31. For Possible Action Discussion and deliberation regarding a resolution requesting assistance from the Attorney General pursuant to NRS 228.130 regarding the prosecution of State of Nevada v. Richard Marshall and Ben Gulley.-Cont’d.

Commissioner Wichman

made a motion to adopt Resolution 2014-18; seconded by

Commissioner Carbone

said he wanted to push hard for the grand jury.

Mr. Kunzi

did not believe his conflict in handling this case had anything to do with assisting in getting the grand jury put in place so he would assist the Board and work with the Attorney General to get that done.

Commissioner Wichman

made a motion to follow staff recommendation and award the bid to Wulfenstein Construction in the amount of $628,308.35; seconded by

Commissioner Wichman

said the money would come from Fund 10493, Capital Projects Endowment, and Fund 10205, Road, and was not general fund money.

Commissioner Carbone

asked if this was a fixed price contract. Pam Webster stated it was fixed price on the rate but subject to adjustment for usage.

Commissioner Cox

noted the bid came in way below the anticipated cost and asked if that money could be put toward other road projects. Dave Fanning said the additional funding would be in the revenue pot to be spent on other jobs in case of any other issues.

Commissioner Wichman

made a motion to follow staff recommendation and award to Performance Concrete in the amount of $83,668.60 from account 10205; seconded by

Commissioner Borasky

; 5 yeas. May 6, 2014 PUBLIC ADMINISTRATOR 32. Quarterly report from the Public Administrator

Commissioner Carbone

noted the open items on the report. Robin Dorand-Rudolf, Deputy Public Administrator, reviewed the categories on the report. She explained the very first case, which was indicated as unknown, was a case from the former Public Administrator, Bob Jones. The files were no longer in their office so she did not have access to any of the information in the file except that it was still on their leader board until they were informed it was closed. The previous Public Administrator told her recently the final paperwork was being done. She said even though he was no longer the Public Administrator, since he was appointed by the court he was the Administrator until the case was closed.

Ms. Dorand-Rudoif

advised in the last quartet their office had closed ten cases dating from June 2012 through 2013. She reviewed the status of the cases shown on the last page of the report, five of which were very close to being closed. Pam Webster questioned why expenditures were not reflected on the report and thought it would be beneficial to put a zero where no money had been expended and a dollar value where money had been expended to give a more meaningful report. On monies collected by the Public Administrator, she suggested puffing how much was pending for recovery once how much the estate had been billed was determined Brian Kunzi was concerned about the prior Public Administrator still handling cases as he no longer had the legal authority to. He said it was a liability to the County as he was no longer bonded. Mr. Kunzi also questioned if he was taking expenditures from the estate. He said he would have someone look into the status of that case.

Commissioner Cox

recalled looking at the advertisements in the paper after the prior Public Administrator had resigned and said there was another case that may have his name on it. Linda Bromell noticed on the last page of the closed cases under property secured pursuant to NRS there were a couple that said no and she was guessing that was because there was no property to secure. Ms. Dorand-Rudolf said that was more than likely the reason.

Ms. Bromell

agreed with Pam Webster’s suggestions for the report.

Commissioner Schinhofen

asked if the Betty Romano case was also under Bob Jones since it had a date from 2009. Ms. Dorand-Rudoif said she was not handling it.

Commissioner Schinhofen

asked Mr. kunzi to look at that one also. May 6, 2014 HEALTH & HUMAN SERVICES 38. For Possible Action Discussion and deliberation regarding one Medical Indigent inpatient hospital bill.

Commissioner Wichman

made a motion to approve to pay $14,290.00 to Summerlin Hospital for the indigent care from account 10283; seconded by Commissioner Carbone; 5 yeas. PUBLIC WORKS 41. For possible action Discussion and deliberation regarding a Professional Services Agreement with Beatty Water & Sanitation District for Certified Operator Services.

Commissioner Wichman

made a motion to approve with the amendment to refer to the County staff as a title rather than a name as if left as it was the agreement would have to be amended each time staff changed; seconded by Commissioner Borasky.

Commissioner Carbone

wanted to make sure people understood that the County was not running this facility. It was a district of its own and the individual was only there to support the effort until they got someone else.

Commissioner Wichman

suggested amending paragraph 3, which was provided as a suggestion by the petitioner, to choose one of the choices offered.

Commissioner Wichman

made a motion to approve with staff to take out the stuff that did not apply to Nye County; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Wichman

said the Tonopah Conservation District and the CWMA would sponsor a town hail on June 4, 2014, at the Tonopah Convention Center at 5:30 p.m. The topic would be the duties of the AB227 task force and the results of the meeting would be taken back to the task force. Also, on May 14, 2014, at 7:00 p.m. Mountain May 6, 2014 5. Announcements ffirst)-Cont’d. Standard Time the Salt Lake City station would air a debate between Ken Ivory and Pat Shay, the former BLM Director, on the same topic for the western states. Further information would be coming out on that.

Commissioner Borasky

advised the Supreme Court ruled Monday to allow opening prayers at town hail meetings.

Commissioner Schinhofen

said he had asked the District Attorney’s office to move forward with the update of the resolution.

Commissioner Carbone

said Amargosa Days was May 9-11, 2014, in Amargosa Valley. Also, candidate nights started tonight at 6:00 p.m. at The Nugget with the Sheriffs debate. On May 7, 2014, would be the two Commission seats and on May 8, 2014, would be the District Attorney, the Public Administrator, and the Assessor. Additionally, the next Board meeting was on a Monday per NRS 354.596 which stated that the budget meeting had to be on the third Monday in May.

Commissioner Schinhofen

said he and Commissioners Carbone and Borasky entered an outhouse race and finished second and were second in the people’s choice award. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’IManage?s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas) Sam Merlino reminded everyone that the close of voter registration for mail-in applications was May 10, 2014, and in-office registration closed May 19 and 20, 2014. Her office would be open until 7:00 p.m. those days. All mail-in and absentee ballots had gone out, so Beatty, Round Mountain and Smoky Valley would be receiving those. Early voting started May 24, 2014, and those locations were at the Clerk’s Office in Tonopah and in the room next to the Clerk’s Office in Pahrump at the Government Center. Her office would do pre-election testing on May 13-15, 2014, in Tonopah, which was open to the public if anyone would like to observe. She explained there was an accuracy board that watched and election vendors were brought in to help, so it was all out in the open. As far as elections and the Clerk counting ballots, Mrs. Merlino advised that it the County ever had a population of 400,000, then the Commissioners may appoint a separate registrar of voters. Until then, they were stuck with the County Clerk who was required to conduct the elections. She noted there were 14 other clerks on the ballot this year and they would be doing their job just like she would. On election night in Tonopah she had an election vendor that helped conduct the process with her staff and May 6, 2014 7. Commissioners’!Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)-Cont’d. a Secretary of State representative was with her in Pahrump who also observed and made sure everything was conducted the way it was supposed to be. She further informed everyone that she had never counted a ballot when she was on a ballot.

Commissioner Cox

asked for an agenda item regarding the privatization of the animal shelter in Tonopah and what was happening there right now due to the concerns expressed by the residents. Pam Webster advised they would be meeting with staff regarding a volunteer group this week and she would let Commissioner Cox know how soon they could get something on the agenda. They were also still looking at privatizing it.

Commissioner Cox

asked for an agenda item to get some answers on the Public Administrator’s Office. She said she had talked several months ago about reorganization so they could be given a paycheck.

Mrs. Webster

said she had spoken to the District Attorney on that topic and thought the result was it would require some legislation because of the NRS, which was what Clark County did. With the current budget constraints it would be a difficult thing to start right now, but if the Board wanted to pursue it then it would have to be in the form of a BDR. She noted the County only got one BDR this year.

Commissioner Carbone

thought communications should also be put on the radio to ensure people were informed.

Mrs. Merlino

stated she had received a ballot question from the School Board for a School District bond question. She had advertised for committees and anyone who was interested could pick up a packet at her office and submit them to her by May 21, 2014.

Commissioner Wichman

said rural counties had to handle the Public Administrator’s Office the way they did until there were some legislative changes. There was a suggestion to assign this to the Emeritus Board of NACO and she thought that was a good idea. May 6, 2014

Mr. Kunzi

advised that what he heard being suggested was not anything this Board had any authority over. The Board could not tell the Public Administrator how to administer their cases. It had very limited authority to overlook the finances of the Public Administrator and require a report. All the complaints received involved issues of what they should not be doing, but there were duties the Public Administrator had to safeguard estates. He said this was rehashed time and time again and these were things that fell completely outside the authority of the Board.

Commissioner Borasky

said the 4th of July parade would be at the Eye and encouraged candidates to contact him or Commissioner Schinhofen to sign up. All proceeds would go to the VFW.

Commissioner Schinhofen

adjourned the meeting. APROVED this day ATTEST: of 2014. 4.%’cev ir Nye ëoulty Clerk I Deputy