October 21, 2014

Commissioner Wichman

had spoken to people in Tonopah who had the same issue. She explained the change was made in order for the hospital to keep its license intact as there were no controls on narcotics. Dwight Lilly addressed the funding of the Sheriff’s Department and suggested the Board look at increasing the fine structure by 25% to 40%. He also thought the County should have a snow bird appreciation week with a festival to attract tourists. John Bosta advised that on October 5, 2014, a new law came out requiring that a prescription be written on an old fashioned form which was paper that could not be rubbed off or changed rather than just printed off of a computer. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Road Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan and Railroad Valley meeting on September 16, 2014.

Commissioner Wichman

thought that during general public comment on page 1 that Tim Hafen might have used the word “suspected” rather than “suspicious.”

Commissioner Wichman

made a motion to approve: seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Wichman

stated in Beaffy a non-profit organization known as STORM OV had moved into the planning stages for mountain bike trails with a sizeable donation pledged from Barrick. The trail system had the potential to bring in many new sources of revenue for the town and the County. Also, it was learned at the Western Interstate Region of NACO conference call on October 16, 2014, that even though EPA and the Corps of Engineers had over 200,000 comments on the proposed changes to the October21, 2014 5. Announcements (first)-Cont’d. waters of the U.S. definitions, the current administration assured NACO staff that the proposal would become a reality.

Commissioner Borasky

said Beafty Days would be October 31, 2014 through November 2, 2014. He also shared some information from Assemblyman Ira Hansen regarding federal land management agencies rapidly increasing police powers in Nevada.

Commissioner Schinhofen

said this week was National Nuclear Science Week and speakers would be at the Pahrump Museum tonight from 5:00 p.m. to 9:00 p.m. Topics would include nuclear weapons, nuclear spent fuel, and nuclear medicine. Sam Merlino reminded anyone who voted at J.G. Johnson in the primary election that on Election Day they would vote at the Pahrump High School in the old gym at the corner of Calvada and Mt. Charleston. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Cox

asked Pam Webster about the transition between the town and the County. Mrs. Webster advised that meetings had been held, data had been exchanged, and all aspects were being looked at. Regarding BLM policing in the State of Nevada, Commissioner Ccx suggested sending Assemblyman Ira Hansen some comments regarding support of what the Sheriffs were trying to do in the 17 counties.

Commissioner Wichman

believed there was a resolution in support of the Sheriffs Office and the County’s autonomy. She thought that might need to be looked at to see if the Board needed to reaffirm it. Due to the increased traffic at the courthouse up to Election Day, Commissioner Carbone wanted the employees to look for better spots to park to allow the public to get in to the courthouse. He also wanted to address illegal dumping and gravel pits with someone.

Commissioner Wichman

stated many counties throughout the west were showing support for Utah Commissioner Phillip Lyman who was charged with conspiracy by the Utah BLM for participating in a peaceful demonstration on a road closed by the BLM that it admitted it had no jurisdiction over. She was re-working some simple resolutions from Utah and Oregon that she would bring back. October21, 2014 7. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)-Cont’d.

Commissioner Borasky

reminded his colleagues that less than a month ago a resolution was passed with a 3-2 vote which had very strong language in it condemning the federal government for going outside of their jurisdiction and creating policing powers. Pam Webster reminded everyone there would be one Board meeting in November, on November 12, 2014, in Tonopah at 10:00 a.m.

Commissioner Schinhofen

asked for an update on UAVs. Darrell Lacy, Planning Director, stated he had a conversation with a gentleman a couple of weeks ago. The agreement was being changed because most of the rural counties had trouble with it. They had been working with POOL/PACT on liability issues to address those concerns in the new agreement, which should be received shortly.

Commissioner Schinhofen

advised that last week the NRC released their safety evaluation report on the post-closure analysis of Yucca Mountain, which showed it was safe. He would bring either a resolution or a letter forward for Board approval to support its funding. He also assured everyone that anything that was done with regard to the town would be done in a public meeting. TIMED ITEMS-Cont’d.

Commissioner Wichman

asked how the Public Administrator’s Office received payment on the Raymond Abernathy estate when the approximate gross value of the estate was zero. Charlene Riley from the Public Administrator’s Office explained all of the assets except the house went to the spouse, but it still needed to go through probate. Since the heir was not able to administrate it, they paid the Public Administrator to do it.

Commissioner Carbone

asked about the issue with Bob Jones and thought something was being worked out to look at that. Ms. Riley said she had an order that Mr. Finlinson was now the administrator for that and everything would be transferred over. She would pick up the file and do what needed to be done to conclude it.

Commissioner Carbone

said he would like to sit down with the administrative group and the District Attorney to look at the report and see what could be added to it.

Commissioner Cox

noted the Gary Timmerman estate was valued at $488,000.00 and had been going on since 2010. The payment to the Public Administrator’s Office was over $32,000.00 and she asked what that money was taken for. Ms. Riley said it was for administrative fees and the file was with the judge for finalization at this point. October21, 2014

Commissioner Botasky

questioned why property would not be secured by the Public Administrator’s Office. Ms. Riley explained that quite often the Public Administrator’s Office got involved in a case at the request of an heir or family member to handle it after most of the estate had been liquidated. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Catbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Cox

noted there was a big pothole on the corner of Red Rock and Moose that needed to be filled in. She then asked if Leslie was a finished product. Mr. Carlo said some striping needed to be done and the shoulder needed to be fixed, but it was 90% done. John Bosta said it was his understanding that the County had a resolution with Fish and Wildlife and Amargosa Valley about the roads which requited the town fire department to protect taxpayers who paid for fire protection inside of the Fish and Wildlife area. He asked what kind of agreement the County had with Fish and Wildlife to keep those roads in good condition. Dave Fanning, Public Works Director, provided the history of the roads, which he felt needed to be revisited to clarify some of the issues. He said Public Works did road maintenance when asked to, but not all the roads were County roads to begin with. They also maintained the high road, but not up to the individual businesses or companies that were out there.

Mr. Bosta

noted the County received $800,000.00 from Fish and Wildlife to service the roads and thought the agreement needed to be reviewed to see if the County could receive more funds. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. October21, 2014 LIQUOR

Commissioner Carbone

made a motion to issue a package liquor license for Low, Low Liquor and Mini Mart on 1021 East Gamebird Road; seconded by Commissioner Schinhofen; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. TIMED ITEMS-Cont’d. 11. 10:45 For Possible Action Continued Public Hearing, discussion and - — deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-22: a Bill proposing to amend Title 2 of the Nye County Code by adding a new chapter 2.84 creating the Nye County Peace Officer Advisory Review Board, setting forth its powers and duties, establishing the numbers and terms of the members thereof; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) set an effective date.

Commissioner Wichman

made a motion to adopt with an effective date of November 10, 2014; seconded by Commissioner Carbone.

Commissioner Schinhofen

opened the public hearing. Brian Kunzi stated that after discussions during a meeting last week he had a concern with the provision on page 5 dealing with appeals which he thought conflicted with the State statute. He recommended the provision simply say that they may appeal the panel’s recommendation through the procedures established in the applicable collective bargaining agreement and eliminate the current language.

Commissioner Wichman

amended her motion to follow the District Attorney’s recommendation on removing that provision and replacing it with appeals through the collective bargaining unit; Commissioner Carbone amended his second.

Commissioner Borasky

had questions regarding the cost of travel expenses and subsistence allowance as well as who would pay for training the members. He was also concerned with the things the County Manager shall do under the ordinance, how much time it would requite of the County Manager, and who would make up for that time. October21, 2014 Ii. 10:45 For Possible Action Continued Public Hearing, discussion and - — deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-22- Cont’d.

Mr. Kunzi

said there would have to be some budgetary authorization for this. As far as the travel and subsistence, it would be the typical per diem amount due any other County employee. They would get mileage for any travel associated with their duties and per diem for lunches or any other meals. Pam Webster felt considering anything outside the door for this board to travel would be portal to portal which was outside the current consideration, so that may need to be defined a little more. As far as what the County Manager was to do under the ordinance, Mr. Kunzi stated that would also be the County Manager’s designee so it would not have to necessarily fall on the shoulders of the County Manager as she could delegate that to any of her staff.

Commissioner Borasky

asked whose budget this would come out of. Mr. Kunzi said a new budget would have to be created for it, but he did not think it would be significant. They anticipated the training to be done by the District Attorney’s Office, so there should not be a significant amount of expenditures with regard to that. There may be some ancillary things that needed to be done, like storage for data collection and information, but he did not anticipate that to be a major draw. Frank Wilson thought the whole thing should be thrown away as it was just another layer of protection for the cops and did not benefit the public. He questioned the wording under the limitation of powers and duties which stated the board did not have jurisdiction over any matter in which it was alleged a crime was committed.

Mr. Kunzi

explained everything in the ordinance was specifically stated by the statutes as far as jurisdiction so this board would go as far as it could go with the limitations set upon it by statute. All that statement meant was that this review board had nothing to do with criminal charges. It reviewed discipline issues against police officers only and had nothing more than the ability to make recommendations with regard to punishments given or not given. Where the benefit came in was that the findings and conclusions of this board was a public record and there would be a public record that would make a determination regarding an officer’s conduct. Although it was a recommendation, Mr. Kunzi believed that type of statement from this board would carry a lot of weight with what happened with the discipline of those officers.

Sheriff DeMeo

noted that even he could only heat violations of policy. Dwight Lilly said complaints of abuse could be made directly to the Sheriff’s Office, but he felt there were areas in the bargaining agreement that needed to be changed to give the public mote of a say. October21, 2014 11. 10:45 For Possible Action Continued Public Hearing, discussion and - — deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-22- Cont’d.

Mr. Kunzi

advised if somebody was abused by a Sheriffs deputy he was sure they were violating a policy of the Sheriffs Office and they were going to be investigated. If that person was unhappy with what they saw with that they could make a complaint to the County Manager who would initiate a review by this board to see if the complaint was handled properly. He said that was exactly what this was designed for and thought it was an important tool for the transparency of the Sheriffs Office.

Mr. Wilson

felt a citizens’ review board should be for a rogue cop that nothing was done to after complaints were made.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

asked again where the budget was going to come from.

Commissioner Schinhofen

said the Board was just voting to set this up, not voting on approving funds, and staff would have to bring back a budget to approve. Pam Webster stated they expected it to be relatively small at $5,000.00-$10,000.00 and they would bring that back.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Ca rbone.

Commissioner Carbone

asked if the half percent sales tax would be based on the same fiscal year. Pam Webster said yes. There was one quarter of revenue from FY2014 and a full year of collections for FY2OJ 5, which was right on track with what was projected to be collected. October21, 2014 23. For Possible Action Discussion and deliberation regarding approval of the Northern Area Command “Sales Tax Spending Plan” to hire two deputy sheriffs. Cont’d.

Commissioner Borasky

asked if the $100,000.00 a month was for the northern command area alone or all of Nye County. Sheriff DeMeo said it was for the whole County and divided by population.

Commissioner Borasky

asked what happened to the equipment when a deputy left or was no longer in service. Mr. Marshall said it came back into the system.

Commissioner Cox

asked if these officers would be hired to help with back-up in the north or if they would be stationed in specific areas. Sheriff DeMeo said they would assist with back-up, but noted that back-up for the deputy in Gabbs would be about an hour from Tonopah. He explained there was a different training matrix for the real rural deputies, which looked at serving the public but also having additional manpower in case that was needed for those real rural areas.

Commissioner Cox

asked if it was possible to fund another officer for the north. Sheriff DeMeo said no as the disbursement formula was based on population.

Commissioner Cox

suggested deputizing volunteers to assist with back-up.

Mr. Marshall

corrected his earlier statement about funding the shortfall out of the impact fee fund. It would actually come out of the CCA funds, which were unrestricted funds.

Commissioner Wichman

asked what the transcription services were for. Rick Marshall explained that internal affairs reports or lengthy crime reports were transcribed, and the deputies dictated their reports in the field. This service saved time for the officers and kept them in the field.

Sheriff DeMeo

noted there were areas in the plan that needed to be reviewed to avoid any surprises later in the year.

Commissioner Schinhofen

asked if they could come back and ask for more. Mrs. Webster said absolutely and this was just a distribution of what the Board already approved.

Commissioner Wichman

reminded the Board that they voted to replace Rexene Worrell as the coroner in order to save money, yet twice as much had been spent. She also wondered if there was a 40-foot plot somewhere where the prisoners could grow food, feed a pig, and feed themselves.

Mr. Marshall

advised they did not have the staffing or enough prisoners to do an honor farm.

Mr. Kunzi

reminded the Board they were approving a budget the Sheriff had the discretion to spend and this would be their guide when he came back for an augmentation as to where the money went.

Commissioner Cox

asked about the inmate payroll. Mr. Marshall explained inmate workers per statute were paid $1.00 per day.

Commissioner Cox

asked what the inmate medical covered. Sheriff DeMeo and Mr. Marshall advised that would cover whatever their needs were while in custody that were not covered either by insurance or Health and Human Services.

Mr. Marshall

stated they were not opposed to having a monthly meeting with whoever the Board appointed to go over the line items in their budget. October21, 2014 TREASURER

Ms. Orrick

did was outside of her job in the Assessor’s Office. Regarding her budget,

Ms. Matson

stated she had not had a data collector for several months now and her office was pretty frugal.

Commissioner Wichman

asked Ms. Matson if she had recently let someone go who was there part-time. Ms. Matson stated she had no GIS experience and could not edit.

Commissioner Schinhofen

understood the person was let go because there was no budget. Ms. Matson agreed that was part of it, but it was not the whole story.

Commissioner Schinhofen

questioned the ability to get a part-time person with the skills

Ms. Matson

wanted. Ms. Matson felt she could get someone with basic skills to help

Commissioner Carbone

asked the Clerk if she was amenable to contributing to a person to help out across the board. Sam Merlino advised that her office only used Ms. Orrick when redistricting was done. Danelle Shamrell from Human Resources stated they could not support the creation of positions that were not budgeted. She thought it would be difficult to find a part-time position with experience at the rate of pay. She said anyone could be taught and since there was an institutional knowledge with the part-time position that was there she could have been taught to do the editing. October21, 2014 32. For Possible Action Discussion and deliberation to approve hiring one part time office assistant in the Assessor’s office.-Cont’d.

Ms. Matson

repeated that she could find someone who would take the part-time position and felt she was doing what was best for her office.

Commissioner Carbone

asked if the Assessor had enough of a budget to cover this.

Ms. Matson

explained they usually had a surplus in their supplies and that since she had not had a data collector for the last couple of months there was a couple of thousand dollars saved there.

Mrs. Shamrell

explained how that savings was approved to go into the stabilization fund and was not an amount of money that was now available to be used.

Commissioner Wichman

asked if approving a re-hire after a part-time position was let go would create liability for the County. Brian Kunzi stated the employee was told she was let go due to lack of funding so there were legal issues with the termination.

Commissioner Wichman

said it was the Board’s job to protect the public money and based on the situation that had been described she would make a motion to deny simply to protect the taxpayers of Nye County; seconded by Commissioner Borasky.

Commissioner Carbone

asked if hiring someone in a different category than the previous employee would change anything. Mr. Kunzi stated there were a lot of legal issues with the termination and he was not sure the Board wanted to get into it in a public hearing.

Commissioner Borasky

made a motion to approve with an effective date of November 10, 2014; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing. Robert Adams, an off-highway vehicle enthusiast and member of several OHV associations, said he worked to promote responsible OHV use. He reviewed NRS 490, which gave the County the authority to allow OHV5 on County paved roads. He supported the bill as written.

Commissioner Carbone

noted the amount of miles that could be traveled and that the bill was very specific on that. He stated he would like to add some type of governance for youth 16 and under.

Mr. Adams

said currently a driver’s license was required so adult supervision could be added to the bill.

Commissioner Borasky

amended his motion to reflect that with an effective date of November 10, 2014; Commissioner Wichman amended her second.

Commissioner Schinhofen

closed the public heating.

Commissioner Wichman

made a motion to approve items 15-16; seconded by

Commissioner Borasky

; 5 yeas. October21, 2014 16. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, January 20, 2015 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 15-16; seconded by

Commissioner Borasky

; 5 yeas. BOARD OF COMMISSIONERS-Cont’d. 21. For Possible Action Discussion and deliberation regarding a proclamation declaring October 11,2014 as Nevada Fallen Firefighters Memorial Day.

Commissioner Carbone

made a motion to approve the proclamation for October 11, 2014, for Nevada Fallen Firefighters Memorial Day; seconded by Commissioner Borasky; 5 yeas. 22. For Possible Action — Discussion and deliberation regarding a dog park in Pahrump.

Commissioner Carbone

explained he put this on for discussion to see how the Board would feel about it. He had heard there was a possibility of some dog parks showing up. Susan Holecheck, Pahrump Town Manager, said there was a dog park in the conceptual plan for Kellogg Park already. There had also been some internal discussions about taking the rear part of Simkins Park and turning that into a dog park.

Commissioner Schinhofen

stated when the Commissioners sat as the town board this was definitely something that could be discussed.

Commissioner Carbone

said he would like to move forward and look at what the requirements were to put one together. COUNTY MANAGER 25. Ongoing Project Report Pam Webster explained she had traveled to Tonopah and taken the report with her to modify and it never made it to the back-up.

Commissioner Wichman

asked if the patent paperwork for Mt. Moriah had been received. Lorina Dellinger said yes and it had been recorded. October21, 2014 26. For Possible Action Discussion and deliberation regarding the Lease Agreement with New Frontier Treatment Center for leased space within property commonly known as the Old Courthouse on Frankee Street.

Commissioner Wichman

made a motion to terminate the lease; seconded by

Commissioner Carbone

asked what would be done with the building. Lorina Dellinger said there was another entity with office space in the same area that would like to propose an expansion of their use to the Commissioners.

Commissioner Carbone

questioned the $1.00 a year lease and said he would rather have some of the costs for the building be the tenant’s responsibility. Sam Merlino advised the County had a couple of vaults there that were still used.

Commissioner Wichman

made a motion to set the date and time as November 12, 2014, at 10:45 a.m.; seconded by Commissioner Borasky.

Commissioner Borasky

asked about the penalty. Commissioner Wichman thought it was listed as a misdemeanor, which Commissioner Schinhofen said was usually a $1,000.00 fine and six months in jail.

Commissioner Wichman

read the title of the bill into the record. 28. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution 2014-41: Amendment of Resolution No. 2014-24 Setting Schedule of Fees and Penalties Required by Nye County Code, Title 6, Animals and Schedule of Nye County Animal Shelter Adoption Fees.

Commissioner Carbone

made a motion to adopt; seconded by Commissioner Cox. October21, 2014 28. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution 2014— 41-Cont’d.

Commissioner Carbone

noted he did not see anything for special circumstances and adjusting the fees for older people who might not be able to afford them. Susan Cronin with Tails End explained the reason she brought this up to the advisory committee was they had no flexibility whatsoever in assessing adoption fees and she felt there needed to be some leeway in the adoption and euthanization fees.

Commissioner Carbone

asked where Mrs. Webster thought the County was at with the budget. Mrs. Webster said Mrs. Fanning and she would be working toward getting the annualization done next week and that would give a better feel. She felt traditionally the County was about where it usually was. She would also be monitoring the revenue side of things so budget adjustments could be made during the year if needed. October21, 2014 PLANNINGIBUILDING

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Schinhofen

asked if they were releasing bonds to companies that no longer existed. Maria Ziotek said yes. The District Attorney’s Office did not have a record and did not know if any other office had a list. However, the District Attorney’s Office had reviewed it, it appeared the work had been done, and this would be in line with past practice to release.

Commissioner Carbone

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

Commissioner Wichman

made a motion to set the date and time as November 12, 2014, at 11:00 a.m.; seconded by Commissioner Carbone; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. October21, 2014 PUBLIC PETITIONER

Commissioner Schinhofen

reminded everyone again about the National Nuclear Science Week celebration at the Pahrump Museum tomorrow, October 22, 2014, starting at 4:00 p.m.

Commissioner Schinhofen

said he was the voting member for POOL/PACT and was making Amy Fanning the voting member as he would not be able to make the next meeting and was not sure if there would be a back-up there. Pam Webster added they felt it was difficult for Commissioners to get to it in many cases and the Comptroller was always there so she was making Mrs. Fanning the voting member.

Commissioner Carbone

said the County would have a presence in the Las Vegas parade for Nevada Day.

Commissioner Schinhofen

advised he would be in the north parade with the Town of Tonopah and Friends of the Belmont Courthouse. Sam Merlino said the Clerk’s Office would be open for early voting on October 31, 2014.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ‘2- day ATTEST: Of , 2014. fl c c

Chair Ny

County Clerk / Deputy