December 2, 2014

Commissioner Cox

was not present.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

said since the last Board meeting the Nevada Association of Counties held its annual conference in Ely where she and Commissioner Borasky participated in some discussions with the State Director of the BLM. She was also glad to see Commissioners Schinhofen and Borasky take part in the classes to seek public official certification as once completed that would get the County a break on what it paid for POOL/PACT. Additionally, the Emeritus Committee for NACO presented a commissioners’ tool box on a thumb drive. Commissioner Wichman brought one back for Commissioners Carbone and Cox and encouraged them to read the handbook on it. Finally, the Public Lands Steering Committee for the National Association of Counties met by conference call regarding the changes in the priorities issues for the next two years and PILl was at the head of that list.

Commissioner Schinhofen

said he got a framed picture from the Friends of the Belmont Courthouse of the train for the Tonopah Mining Park which took first place in the parade.

Commissioner Wichman

noted Lander County Commissioner Patsy Waits was in the audience today.

Commissioner Wichman

made a motion to approve with Nye County’s appreciation of his service to everyone; seconded by Commissioner Borasky.

Commissioner Carbone

cautioned that the Commissioners had opened the door when they did the first one and probably should not have, lithe Commissioners were going to allow everyone retiring or leaving the police force to request their weapons then they were going to continue to do this.

Commissioner Schinhofen

wanted to make sure he understood correctly that this would make them detention technicians rather than crime scene investigators. Rick Marshall from the Sheriffs Office said that was correct.

Commissioner Borasky

made a motion based on staff recommendation to approve amending the South Area Sales Tax Spending Plan and hiring two additional detention technicians replacing field service agents. There was no change in costs to local salaries and benefits; seconded by Commissioner Wichman. Danelle Shamrell from Human Resources said she was asked by the Sheriff-Elect to hold off on filling these positions until after January 5, 2015, when she took office.

Commissioner Borasky

amended his motion; Commissioner Wichman amended her second.

Commissioner Wichman

asked if this would normally have the Human Resources analysis produced in the past. Mrs. Shamrell advised this was part of the original plan and there was no change in that.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman; 4 yeas.

Commissioner Carbone

made a motion to approve and fill the position with an effective date no sooner than January 12, 2015, with the savings credited to the stabilization fund; seconded by Commissioner Borasky.

Commissioner Wichman

noted she had no back-up for items 29-32. Mrs. Shamrell said it was put in this morning and she could provide it if Commissioner Wichman liked.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Carbone

said the motion should be to approve to fill the position with the savings credited to the stabilization fund.

Commissioner Borasky

amended his motion; Commissioner Wichman amended her second; 4 yeas.

Commissioner Carbone

made a motion to approve filling the position with an effective date no sooner than January 12, 2015, with the savings credited to the stabilization fund; seconded by Commissioner Borasky; 4 yeas. December 2, 2014 7. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Schinhofen

advised of a conversation yesterday in the Water Board meeting about doing three-to-one projects and he was not clear how much three-to-one was. He understood that if the project needed ten acre feet then the applicant needed to come with 30 acre feet. He also felt what triggered that needed to be cleared up.

Commissioner Schinhofen

asked staff to work that out and bring an ordinance back to the Board.

Commissioner Borasky

stated the NACO conference last week was probably one of the most eventful and knowledgeable events he had attended. Regarding the serious shortage of food for the needy, he said the transportation committee that sat under the Nye Communities Coalition was requesting to bring something forward to the Board to get non-financial support in the way of grants, so he would put something on the agenda regarding that. Commissioner Borasky also expressed his feelings regarding Clark County residents coming to Nye County meetings and telling the Commissioners how to do their jobs.

Commissioner Wichman

said if anybody knew of someone who would like to take on the job of secretary to the Tonopah Conservation District to please let her know.

Commissioner Borasky

asked when the Board would see the yearly audit for the Public Administrator. Pam Webster said she met with Robin Durand Rudolf the week of Thanksgiving, who had not requested an audit and had not been audited. Mrs. Webster had a message in to Dan McArthur to see ii he had planned to incorporate it into the County audit. She also needed to confirm whether the Public Administrator was supposed to pay for the audit or the County, but believed per NRS it was on the Public Administrator to request it.

Commissioner Carbone

said he received an e-mail from the DAV asking for some support for a replacement vehicle. Also, based on the meeting yesterday and some of the conversations, Commissioner Carbone thought the District Attorney-Elect was probably going to need some support and guidance from the current District Attorney to point her in a direction that was on the right track. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 9. For Possible Action General road report by Public Works Director Tim Carlo from Public Works stated Greco Street had been taken care of after being washed out. The crews up north were gearing up for rain and snow and the crews down south anticipated a fair amount of rain tonight. Also, a mile and a half of Manse December 2, 2014 9. For Possible Action General road report by Public Works Director-Cont’d. Road had been done with Type II and they would continue moving east to west with an anticipated completion date in 2015.

Commissioner Wichman

asked about the catch fence around the Tonopah landfill. Dave Fanning, Public Works Director, advised the new fence panels should have been in place by this Board meeting. He would check on that and let Commissioner Wichman know at the next Board meeting.

Commissioner Schinhofen

asked if the work that was being done to the slime wash was the State or the County. Mr. Fanning said the slime wash project had a lot to do with the Town of Tonopah working with NDOT. The parties were coming together now with the County’s set of plans to change the existing 36-inch drain pipe through the center to a 48-inch pipe and that was slated with NDQT for some time next year.

Commissioner Schinhofen

asked if there was any news from the feds about the Manhattan project. Mr. Fanning said they awarded the contract at the end of November to start moving through with the engineering and the construction phase on that project. Nye County was still working on the eastern end for right-of-way access. The feds should hit the ground in the middle of January to do more surveying in the area for drainage and to see what they could do with the scope of the project. He said hopefully by the end of January/first of February he could give an update on that project.

Commissioner Borasky

asked what happened to resurfacing Calvada from Waterfall down to the Eye. Mr. Fanning advised it was still underway. They were just caught right now between two projects. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Sheriff DeMeo

was not present. LIQUOR 10. For Possible Action Discussion and deliberation regarding a Beer/Wine Liquor License for Mamma Sara’s Taco Shop, 151 S. Second Street, Beatty, NV. Carlos Mendoza-Ochoa, Applicant.

Commissioner Carbone

made a motion to approve the liquor license for Mamma Sara Taco Shop on 151 South Second Street, Beatty, Nevada; seconded by Commissioner Schinhofen; 4 yeas. December 2, 2014 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. 11. For Possible Action — Approval of Elected Official Collection Reports

Commissioner Carbone

made a motion to approve items 11 and 12; seconded by

Commissioner Wichman

; 4 yeas. 12. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Carbone

made a motion to approve items 11 and 12; seconded by

Commissioner Wichman

; 4 yeas. PLANNING/BUILDING

Commissioner Schinhofen

said the Sheriff reviewed this, and the Water Board talked about it yesterday, but he disagreed with the three-to-one recommended by the Water Board and would deny that recommendation at this time. Darrell Lacy explained the intent with the water issue was to update the ordinance. That would take a couple of months to get done, but typically people were not held to a new ordinance until it was in effect.

Commissioner Borasky

suggested adding a special condition for that since it was going to be done shortly in the future. December 2, 2014 33a. For Possible Action Medical Marijuana Establishment License Application MM-2014-000001: Discussion and deliberation on a request for issuance of a Medical Marijuana Establishment License for a proposed medical marijuana (production) facility located in a General Commercial (GC) zoning district at 2801 E. Thousandaire Boulevard, Pahrump, Assessor Parcel #44-561-16. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC Applicant.-Cont’d.

Commissioner Schinhofen

did not think it was fair to hold these people toa standard no one else had been held to.

Commissioner Schinhofen

made a motion to approve minus the three-to-one; seconded by Commissioner Wichman; 3 yeas. Commissioner Borasky voted no. 33b. For Possible Action Medical Marijuana Establishment License Application MM-2014-000002: Discussion and deliberation on a request for issuance of a Medical Marijuana Establishment License for a proposed medical marijuana (cultivation) facility located in a General Commercial (GC) zoning district at 2801 E. Thousandaire Boulevard, Pahrump, Assessor Parcel #44-561-16. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC Applicant. Jennifer Goldstein for the applicant, present

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 3 yeas. Commissioner Borasky voted no. PUBLIC WORKS

Commissioner Wichman

made a motion to set January 20, 2015, at 10:45 a.m. for the hearing; seconded by Commissioner Carbone; 4 yeas.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

asked if this was done via auction or if it went to a salvage ouffit or got cut up for scrap. Dave Fanning said it was auctioned. December 2, 2014 35. For Possible Action Discussion and deliberation to surplus and dispose of excess Nye County personal property that is no longer in use.-Cont’d.

Commissioner Cox

was present. TIMED ITEMS 8. 10:45 For Possible Action Discussion and deliberation on: 1) Presentation — — of additional Community Development Block Grant projects that may have been received since the November 12, 2014 meeting; 2) Request public input on any additional received projects; 3) Notification of the next meeting at which potential project(s) will be selected. Julie Carlo, Grants Administrator, said no public comment was received and there were no additional applications. The prioritizing and selection would be held at the December 16, 2014, meeting. BOARD OF COMMISSIONERS 13. 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. This item was removed from the agenda. 14. 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. This item was removed from the agenda. 1 5. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 16. For Possible Action —Discussion and deliberation to submit a letter to Senator Harry Reid regarding Nye County’s opposition of the Garden Valley Withdrawal Act.

Commissioner Wichman

made a motion to adopt and send; seconded by Commissioner Carbone. December 2, 2014 16. For Possible Action —Discussion and deliberation to submit a letter to Senator Harry Reid regarding Nye County’s opposition of the Garden Valley Withdrawal Act.-Cont’d.

Commissioner Schinhofen

asked if this would get to other delegates too. Commissioner Wichman said yes and asked that a copy go to the Lincoln County Board of Commissioners also.

Commissioner Borasky

said it should be sent to all Senate and House members in Washington D.C. along with the guy who sat in the White House.

Commissioner Carbone

made a motion to select the Pahrump Valley Times as the sole source provider for publishing the 2015 tax rolls in the amount of $9,367.85 from Fund 1010, General Fund; seconded by Commissioner Wichman. Brian Kunzi pointed out that even though it was a sole vendor, what had been done in the past was to mail it so the Board was choosing publication over distribution.

Commissioner Borasky

requested they be asked to use the format that Dann Weeks had offered for the last three or four years which was a lot more legible and easier to read.

Commissioner Carbone

amended his motion to have them review and ask if that was a possibility; seconded by Commissioner Borasky; 5 yeas. 18. For Possible Action Discussion and deliberation regarding a Resolution directing the County Assessor to prepare a list of the taxpayers on the 2015-2016 secured tax assessment roll in Nye County, Nevada and directing distribution of the same.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Carbone

asked if water rights would be added to the tax rolls in the future as the Supreme Court had ruled that water rights were real property and should be taxed.

Commissioner Schinhofen

thought that had to be approved by the Department of Taxation. December 2, 2014 18. For Possible Action Discussion and deliberation regarding a Resolution directing the County Assessor to prepare a list of the taxpayers on the 201 5-2016 secured tax assessment roll in Nye County, Nevada and directing distribution of the same.-Cont’d Pam Webster said it was her understanding the taxing process was already approved by them but they had not moved forward and put it into effect.

Commissioner Wichman

felt taxing water rights would get rid of all agriculture in the State

Commissioner Wichman

advised she received a phone call from Tim Coward’s boss, Doug Furtado, stating there were only two permiftees who were asked to reduce their AUMs through the drought and he thought that this action would lead to the listing of the sage grouse. He also thought the cattle was overgrazing and that was causing the cheat grass, not fires, and was of the opinion that the feral horses had nothing to do with it as they did not eat the same things. He wanted Commissioner Wichman to pull this item but she told him she was not the one who put it on.

Commissioner Wichman

made a motion to adopt and amend by adding to the third Whereas clause 3% in Nye County” between “Nevada” and “is,” and on line 18 on page 1 to replace “low-level BLM employees” with “many range management employees of BLM;” seconded by Commissioner Borasky.

Commissioner Cox

said she tended to agree with Doug Furtado. She did not like the section referring to feral horses or wild horses and could not support the item with that in there.

Commissioner Carbone

asked if this was mainly for the northern portion of the County.

Commissioner Wichman

said yes and that this portion only went to just south of Beatty.

Commissioner Wichman

made a motion to appoint Dick Gardner, Rick Marshall and Neal Couch, Dick Gardner as the chairman, and Commissioner Carbone as the alternate; seconded by Commissioner Borasky; 5 yeas. 21. For Possible Action Discussion and deliberation to reappoint Cindy Kaminski as County Representative of the Nye County Debt Management Commission for the term beginning January, 2015 January, 2017.

Commissioner Carbone

made a motion to approve: seconded by Commissioner Wichman; 5 yeas. 22. For Possible Action Discussion and deliberation to appoint three (3) members to the Beatty Town Advisory Board due to three (3) terms expiring January 2015.

Commissioner Wichman

made a motion to reappoint Crystal Taylor, Dick Gardner and Kelly Carroll and asked staff to extend the Board’s thanks when they were notified of their reappointments; seconded by Commissioner Carbone; 5 yeas. 23. For Possible Action Discussion and deliberation to appoint two (2) members to the Gabbs Town Advisory Board due to two (2) terms expiring January 2015.

Commissioner Wichman

made a motion to reappoint Joe Hendricks and Ken House and asked staff to extend the Board’s thanks when they were notified of their reappointments; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER 26. For Possible Action Discussion and deliberation regarding an amendment to the Lease Agreement with WestCare Nevada, Inc. to expand the square footage of office space within the Old Courthouse on Frankie Street, Tonopah, Nevada 89049.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

asked if the rent was just a $1.00 a year. December 2, 2014 26. For Possible Action Discussion and deliberation regarding an amendment to the Lease Agreement with WestCare Nevada, Inc. to expand the square footage of office space within the Old Courthouse on Frankie Street, Tonopah, Nevada 89049.-Cont’d. Lorina Dellinger, Administrative Manager, said yes and that they paid the utilities. The County was responsible for maintenance as it was a County building, and it was not much as the area they were in had improvements made.

Commissioner Cox

asked if there might have to be future layoffs or buyouts.

Mrs. Webster

said there would not be buyouts. A reduction in expenditures equal to the amount of the revenue reduction would have to be accomplished between now and June, however that was chosen to be done. John Bosta recommended that the County ask the new Attorney General about the taxation of water rights as the State Supreme Court ruled they were real property and a discussion on revenue on real property should include the amount of revenue the taxation of water tights would bring to the County. He stated if the County was not taxing water rights as real property then the County should not tax his land as real property.

Commissioner Wichman

said land in Nevada that did not have water associated with it could be bought for $100.00 an acre, but if water was associated with the land it went up to $2,000.00 an acre. She submitted the water tights were taxed already. The Board was in recess until 11:40 a.m. December 2, 2014 COUNTY MANAGER-Cont’d. 27. For Possible Action Discussion, deliberation and presentation on the results of the bankruptcy court ruling; approval of the settlement agreement of the ruling; and approval of a lease agreement between Nye County and Primecare Nevada, Inc. for purposes of operating and providing an emergency room, hospital, clinic, and related medical services. Talitha Gray Kozlowski explained when the bankruptcy case was filed in December, 2013, the hospital was in horrible condition with only two doctors left, Dr. Scoccia and

Dr. Landsmann

; a sham board of directors that effectively solely did Dr. Scoccia’s bidding; a non-profit status in jeopardy for failure to comply with requirements; Medicare/Medicaid licensure in jeopardy; and other serious life and death issues. The community had lost any confidence in the hospital and medical services as evidenced by the dramatically declining patient counts. Payments were not made properly, and all of the hospital-related assets had been transferred out to entities owned by Dr. Scoccia. The hospital was facing closure. As a result of actions taken in the bankruptcy case, Ms. Kozlowski advised Dr. Scoccia was removed from control and a responsible officer was appointed. The sham board was replaced with members of the community with a vested interest in the sustainability of the hospital. There had been a dramatic turnaround of the hospital in the seven months since these actions were taken, even though Dr. Scoccia challenged each step being taken in the bankruptcy proceeding to make the hospital viable, even demanding payment of $1 million for the return of the property and equipment. Ultimately Dr. Scoccia agreed that he would relinquish all claims other than getting paid $180,000.00 for services he had actually rendered post-petition. Ms. Kozlowski stated that given the condition the hospital was in and the amount of money the County had to put in to make sure the hospital was sustainable, that was not an acceptable settlement.

Ms. Kozlowski

said the settlement presented today provided that the real property would be conveyed from Tuna Park to the County. The County would be able to release that property to hospital. All of the equipment would be transferred to Prime Care, and all other personal property would be returned to Prime Care. The lease for the hangar for life flight services was through another Scoccia entity and Prime Care would step into that role as well and the personal property related to the hangar would be conveyed to Prime Care. All claims would be disallowed, meaning Dr. Scoccia would also not get his $180,000.00. Additionally, in settlement of the numerous potentially fraudulent transfer actions and claims that could be brought against Dr. Scoccia for the money he took, he would be required to repay $500,000.00 over ten years. He would execute a confession of judgment, a deed of trust on his father’s house, and he also assigned his half of any interest in the Texas ranch.

Ms. Kozlowski

pointed out that if this settlement was not approved there would have been a need to litigate for a cost of at least $200,000.00 and two years. She added this December 2, 2014 27. For Possible Action Discussion, deliberation and presentation on the results of the bankruptcy court ruling; approval of the settlement agreement of the ruling; and approval of a lease agreement between Nye County and Primecare Nevada, Inc. for purposes of operating and providing an emergency room, hospital, clinic, and related medical services.-Cont’d. also allowed the debtor to reorganize and emerge from bankruptcy as early as January and have a sustainable future.

Commissioner Wichman

made a motion to approve the settlement as written and the lease agreement and specifically thank Gordon Silver, James Eason, and Talitha Gray Kozlowski for their work on this, as well as Dennis Boone and Mike Boyd: seconded by

Commissioner Carbone

also thanked everyone who worked on this and noted a hospital was brought back to an area in the north where other communities could use it and feel confident that they would be taken care of properly.

Commissioner Schinhofen

added this was not a hospital that just serviced Tonopah. It serviced the central part of the State basically. James Eason thanked everyone from Brian Kunzi to Pam Webster to the Commissioners and Round Mountain Gold for the support that had come from this area.

Mr. Kunzi

asked if the Save the World with Love parcel was part of the lease. Ms. Kozlowski said it had not been added to it, but it could be amended to include that property.

Mr. Kunzi

advised the hospital used the solar field on that parcel and the ambulance barn. There might be some other uses for that property so the Commissioners might want to consider a parceling of that parcel in the future and lease a part of it back to the hospital.

Commissioner Schinhofen

adjourned the meeting. APROVED this ATTEST: Of ,2015. (Qhir A Nyb Cinty Clerk I Deputy