January 5, 2015

Commissioner Schinhofen

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

Commissioner Wichman

assumed the Chair of the Board of County Commissioners.

Commissioner Cox

made a motion to nominate Commissioner Carbone; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

wanted a team of individuals formed to talk about hazardous material issues in the County beyond household waste as there was no plan or process to get rid of things like drums of oil and spray cans.

Commissioner Borasky

asked Pam Webster to allow a spot on the next meeting for a ten minute presentation from the Southern Nevada Mobility Manager on transportation issues, preferably an afternoon timed item.

Commissioner Wichman

asked staff to look into the Facebook page “In God We Trust” and find out what it would take to follow along with that movement. January 5, 2015 TIMED ITEMS

Commissioner Schinhofen

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

Commissioner Cox

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

Commissioner Schinhofen

made a motion to set a date, time and location for Resolution Nos. RC2015-36 through RC2015-80 of February 3, 2015, at 10:15 am., in Tonopah; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

advised that the 2015 resolutions went to 199 with 1,988 individual road segments completed for a total of 5,529 miles. The 2010 cost of the roads averaged just under $700.00 per mile. Over time that cost came down to $48.00 a mile in 2014. Overall the average had been about $90.00 per mile. Although the road files were still moving through the agenda and recording process, Commissioner January 5, 2015 15. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Highway Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.1 70 and R.S. 2477 Right-of-Way.-Cont’d. Wichman said the contractors were finished and she had sent all the roads through as of December 22, 2014.

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 14. For Possible Action General road report by Public Works Director Dave Fanning, Public Works Director, advised the Board of road concerns in Lower Smoky Valley they were just made aware of that Stretch Baker would address. Additionally, in the middle of December there was an incident at the Mountain Falls golf course. Fluid was coming out of Manse Road and Homestead and on December 17, 2014, at about 3:30 p.m. they began calling UICN and Mountain Falls to alert them. An earthen berm was put in the shoulder, which worked. When his calls were returned he learned they were pumping out the golf course pumps and there was effluent going into one of the main ponds that got diluted and carried out to the golf course greens and overflowed into the ponds. Public Works took some samples of the pond water and it was definitely effluent with fecal mailer at 14,000 and higher. They were still working through the process, NDEP was contacted and they were writing the final report. Mr. Fanning stated he had noticed dead and dying wildlife at the ponds himself and wanted the Board to be aware.

Commissioner Schinhofen

asked when was it noticed and when did UICN send people out. Mr. Fanning said it was noticed on December 17, 2014, and they responded on December 19, 2014. He said Public Works did stop the breech at the property line, but he did not know where else it might have gone. He had not heard anything further from UICN or Mountain Falls. Darrell Lacy, Planning Director, advised this was a similar situation to the Willow Creek golf course in that the sewer plant had a permit, but the effluent was handled by the golf course and they had a permit. This was actually a problem from Mountain Falls, not UICN, and the solution moving forward would be similar to Willow Creek, which was to install ribs.

Commissioner Schinhofen

said he wanted to see the report when the final determination was made. He then inquired about Homestead and Hacienda where the road had sunk on one side.

Mr. Carlo

said they were waiting on UICN’s engineering to come back with a fix for that. It was caused by a water leak ongoing for 45 days or so. Mr. Fanning explained the plan for repair and said he should see the plans for the water line this week. January 5, 2015 14. For Possible Action General road report by Public Works Director-Cont’d.

Commissioner Wichman

asked if the the apron onto Highway 376 from Senita Court was State highway right-of-way or if it was something the County kept up as it was lined with potholes. Mr. Fanning said the apron was NDOT’s. Stretch Baker from Public Works said he would get a hold of N DOT, but the County had patched them before.

Mr. Carlo

advised Moose and Red Rock had been taken care of as well as Oxbow and Humahuaca. The street lighting had been repaired at Vicki Ann and Gamebird, Pahrump Valley South and Gamebird, and Unicorn and Dandelion. He was still working with Valley Electric on new locations and pricing and said input on new locations for lights would be appreciated. Additionally, all the dates on the road report that had a completion date of 2014 would be updated for the next report.

Commissioner Borasky

mentioned the potholes on Unicorn as well as one at the corner of Dandelion and Pocahontas. Regarding the mishaps with the utility companies, he asked Mr. Fanning if there was a mandate that they contact him. Mr. Fanning said yes. They had 24 hours to take care of an emergency, but within that 24 hours they had to pull an encroachment permit.

Commissioner Cox

pointed out a lot of corners were getting worse with the ripples. She also mentioned that during the discussion at the last meeting regarding accidents and monitoring on Highway 160 and Mesquite there was another accident there involving three cars and asked Mr. Fanning to make note of it.

Commissioner Carbone

asked who would pay for the lights at Highway 160 and Basin.

Mr. Fanning

advised Derma Boy Holdings had changed hands and they were trying to contact the owner in California, but he did send the information to NDOT. He noted that in one of the public meetings with NDOT they said they would pay for the lighting, but now they were saying they would not. He said he would get to the bottom of it and let the Board and County Manager know what the decision was.

Commissioner Cox

pointed out one of the marijuana applicants said they would foot the bill for a traffic signal at the corner of Mesquite if they were approved.

Commissioner Schinhofen

clarified that was if they got a dispensary, which they did not. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Sheriff Wehrly

was not present. January 5, 2015

Commissioner Carbone

made a motion to nominate Commissioner Borasky; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Carbone

made a motion to nominate Commissioner Cox; seconded by

Commissioner Borasky

; 5 yeas. GAMING/LIQUOR

Commissioner Borasky

wondered who would be the general manager on the project and asked that staff find that out for him.

Commissioner Schinhofen

made a motion based on staff recommendation to approve issuing a retail liquor license and gaming license. They received a copy of the State Gaming Commission approval for a non-restrictive gaming license for the applicants; seconded by Commissioner Carbone.

Commissioner Carbone

asked Commissioner Schinhofen to amend his motion that they needed to come back with their license if they were adding another manager to it.

Commissioner Schinhofen

amended his motion to approve the license based on staff recommendation and that the State Gaming Commission had done all of their due diligence, and to ask the applicant to come back to the Board to clarify who their additional manager was, but to not to hold up issuance of the license; Commissioner Carbone amended his second.

Commissioner Carbone

pointed out this was a grandfathered use.

Commissioner Schinhofen

said all paperwork was in order, all fees were paid, the background was complete, and there was nothing in the background to preclude them from receiving the license.

Commissioner Schinhofen

made a motion based on staff recommendation to issue a special club liquor license for V.F.W. Post 3677 in Gabbs; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. PLANNINGIBUILDING

Commissioner Schinhofen

noted the Board had dealt with the preliminaries on this in the past and believed everything was answered at that time.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Schinhofen

said his motion was subject to the conditions as outlined in the special conditions of approval section of this report after having made the findings outlined in the staff report.

Commissioner Carbone

asked about a time limit to complete. Darrell Lacy explained that under State law they had to do the final recording of a subdivision map within two years, but this was not a typical subdivision map. This was an existing area with existing homes and it was just clearing up some title issues.

Commissioner Schinhofen

made a motion to not continue any employment with Mrs. Holecheck, to name Pam Webster as the Town Manager, to direct her to bring back a plan within the next 30 days to possibly have a department head help her or appoint a department head, and leave all other positions as they were; seconded by

Commissioner Borasky

; 5 yeas. 21. For Possible Action Discussion and deliberation regarding the processing of Town claims and warrants and related financial matters. Pam Webster asked to pull this item so it could be discussed further.

Commissioner Cox

asked to continue this item to the next meeting as it needed to be fine-tuned.

Commissioner Schinhofen

made a motion based on staff recommendation to terminate all contractual obligations with Armstrong Teasdale LLP and cease all services effective February 7, 2015, forward the files to the District Attorney’s Office, and authorize the January 5,2015 22. For Possible Action Discussion and deliberation regarding legal services for the Town of Pahrump.-Cont’d. County Manager to execute a termination letter; seconded by Commissioner Borasky; 5 yeas. 23. For Possible Action Discussion, deliberation, and direction to staff regarding the Pahrump Town Advisory Boards.

Commissioner Schinhofen

said he was contacted by a lot of the advisory boards, as was Commissioner Borasky, with concerns the Commissioners would get rid of them. He would like to see them all kept in place for the time being and for the Chair to appoint the liaisons to each of the boards. He added one of the advisory boards was meeting Wednesday and was concerned they would not be able to get into the building. He said they should contact the County Manager to make sure they could.

Commissioner Schinhofen

made a motion to keep the advisory boards as they were for now until all the Commissioners had a chance to work with them; seconded by

Commissioner Borasky

; 5 yeas. ASSESSOR 24. For Possible Action Discussion and deliberation regarding a resolution to change the hours during which the Assessor’s Office will be open.

Commissioner Schinhofen

asked if there was any particular reason to do this. Sherree Stringer, Assessor, said until April, 2014, they were working Monday through Thursday, 7:00 a.m. to 5:30 p.m., and did not close the office for lunch. It provided the opportunity in the morning for people to come in before they went to work, or during their lunch hours, or after they were off of work. She felt it was more beneficial to the public and that it saved money not having nine people working on a Friday.

Commissioner Schinhofen

made a motion to adopt the resolution; seconded by

Commissioner Carbone

; 5 yeas.

Mrs. Stringer

added the resolution took effect as of today. BOARD OF COMMISSIONERS-Cont’d. 25. 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. January 5, 2015 26. 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. 27. 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. 28. For Possible Action Discussion regarding Commissioner Liaison I Representative positions.

Commissioner Wichman

wanted each of the Commissioners to send her an e-mail stating which of the organizations and groups they intended to participate in, not which ones they wanted to be liaison to. Missing three meetings without notifying the alternate or failing to provide an update to the Commission would result in removal as the primary. She would also like to appoint the primary to each of the groups and include the full Board as the back-up so in the event one Commissioner could not make a meeting any other Commissioner could be contacted as their alternate. She understood there were some groups that could not be done with because of the by-laws so that would have to be watched.

Commissioner Schinhofen

said he asked for this item for a couple of reasons, one being there were some that could be removed. He was asked to be on the board of the Pahrump Museum and learned he could not be, but he could be a liaison. He asked to remove the Pahrump Museum from the list. He also did not know if a Nye County Parks and Recreation Advisory Board was still needed since it seemed impossible to have a board sit.

Commissioner Wichman

explained they had other duties with regards to grants and management of the properties. Even though there was no money, if something came up regarding a property they would have to meet on it.

Commissioner Schinhofen

also did not think the RTC needed to be on the liaison list as it was a member position.

Commissioner Wichman

clarified the list was for liaisons and members. Angela Bello advised she reviewed the memorandum of understanding with the Friends of the’3elmont Courthouse and that should be added to the list.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. 31. For Possible Action Discussion and deliberation regarding a letter of support for the Public Lands Renewable Energy Development Act.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 32. For Possible Action Discussion and deliberation regarding submitting a letter of support for STORM-OV’s Beatty Trails Proiect.

Commissioner Wichman

said she was going to put forth a letter, but had not yet and she would like to pull this until that letter was done.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Carbone

pointed out it was $13,846.00, not just $13,000.00, out of the Veterans Fund 10101. Pam Webster clarified it was coming out of the Veterans Department. There was not a separate fund. It was embedded in the General Fund 10101 as a department and that was where that money had been maintained.

Commissioner Schinhofen

thought a procedure needed to be set up to do this in the future.

Mrs. Webster

said this would be done via a donation.

Commissioner Borasky

pointed out Nye County was given a free pass on membership this year and hoped it would be included in the budget next year. CLERK 35. For Possible Action Discussion and deliberation to appoint one member to the Tonopah Town Board to fill a vacancy for an unexpired term.

Commissioner Schinhofen

made a motion to approve Janet Hatch to fill the unexpired term to January, 2017; seconded by Commissioner Borasky; 5 yeas. 36. For Possible Action Discussion and deliberation to appoint two members to the Round Mountain Town Board to fill vacancies for unexpired terms.

Commissioner Schinhofen

made a motion to approve Greg Schoen to fill the unexpired term to 2017; seconded by Commissioner Carbone; 5 yeas. SHERIFF 37. For Possible Action Discussion and deliberation regarding amending the Southern Area Command Sales Tax Spending Plan.

Commissioner Wichman

said it was brought to her attention that the District Attorney was still waiting for answers on this item. Angela Bello explained she had some concern with the language in the statute and what this item was asking for. Staff was instructed to put this item on the next agenda. There was no action taken. January 5, 2015 DISTRICT COURT 38. For Possible Action Discussion and deliberation regarding a request to modify Dept 2 District Court Chambers located in Pahrump, NV. This item was removed from the agenda. COUNTY MANAGER 39. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with the Friends of the Belmont Courthouse to establish cooperative activities between the two parties.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

suggested the memorandum of understanding be changed to say the County Manager or her appointee would be responsible for all actions day to day.

Commissioner Schinhofen

amended his motion to approve the memorandum of understanding with the change to County Manager or her appointee; Commissioner Carbone amended his second.

Mrs. Webster

clarified the status of the non-profit was a 501(c)(3).

Commissioner Schinhofen

made a motion to submit a grant pre-application; approve the contract with Atkins to provide design/bidding; submit a grant pre-application to FAA for reconstruction of the runways; approve the contract with Atkins for construction management services; and approve the airport capital improvement program data sheets and exhibits; seconded by Commissioner Carbone; 5 yeas. PUBLIC PETITIONER

Commissioner Wichman

asked if this was an approved position. Danelle Shamrell from Human Resources explained it was approved but the funding went to services and supplies when the employee left and there was no funding for it to be filled right now. Pam Webster added the department head made the decision to not fill the position due to a shortfall in revenue in 2014. That revenue shortfall was not carried forward to the expenditure budget so at that time the previous ending fund balance was used. The ending fund balance did not carry forward to continue funding the department. She said this was not a decision the Board of County Commissioners made to not fund the position, It was made by the department head when there was insufficient budget to refill it. Jess Rosner with Nye Communities Coalition said he understood the issues with the budget and the financial woes of the County. They just wanted to make sure that it stayed in the Commissioners’ minds that they would really like a JPQ back in Tonopah.

Commissioner Schinhofen

thanked everyone for allowing him to be Chairman last year.

Commissioner Carbone

noted the new District Attorney was here as well and Maria Zlotek.

Commissioner Wichman

thanked the Commissioners for all making the trip up to Tonopah as it made for an easier meeting when they were all in the same room.

Commissioner Wichman

adjourned the meeting. APROVED this ATTEST: Cair Ne Cunty Clerk / Deputy