January 20, 2015

Commissioner Borasky

said in the first paragraph on page 6, “she reminded the Commissioners” should be changed to “Mrs. Carlo reminded the Commissioners.”

Commissioner Schinhofen

made a motion to approve with the corrections stated; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

described free training that would be available in Tonopah in February through the Nye Communities Coalition, It would be held at the Mizpah Hotel and Jess Rosner could be contacted for more information. Also, the Nye Communities Coalition Holiday Task Force would have an Easter picnic at Ian Deutch Park on April 4, 2015, from 10:00 a.m. to 2:00 p.m., which would be free of charge.

Commissioner Carbone

advised the Animal Advisory Board would meet at the EMS Building on January 22, 2015, at 6:00 p.m. January20, 2015

Commissioner Cox

said there would be a citizens’ lobbying workshop on January 23, 2015, at 7:00 p.m., at the CCSC building at 110 Emery Street, on how to be an effecti ve citizen lobbyist.

Commissioner Wichman

wanted to know what the County received in SRS fundin g each year as that funding was not passed. Also, her visit to the White House did not take place and was replaced with a staff briefing, which was pretty much about the same thing seen in the news. She described an addition to the national NACO Web site called County Economies, which allowed comparisons of counties to any other county in the U.S. Further, NACO voted to have their 2016 conference in Pahrump. Lastly, she received a letter from the Director of Homeland Security that gave praise to Pat Irwin.

Mr. Irwin

worked with State emergency services and was the immediate past- preside nt of NACO. The praise was about work they had done on emergency communicatio ns.

Commissioner Schinhofen

said Bob Baker’s Wild West Extravaganza and Blue Grass Festival would be held the first weekend in May.

Commissioner Carbone

discussed an item in The Mirror recently that talked about Commissioners negotiating with AMR for an ambulance service and stated the Commissioners were not doing that. He then asked for an agenda item regarding a Pahrump Airport review.

Commissioner Borasky

asked Pam Webster to put a group together, not necessarily an advisory board, who would like to decorate the Eye at Christmas time. Also, on behalf of the town board he would like to look at the business and vendor licenses to see if there was a way to make it more business friendly.

Commissioner Schinhofen

said he would forward to the District Attorney some revised language for the town’s vendor licenses and would like a business registration instead of a license. He also asked the Public Works Director to come back with the cost for retention basins at the fairgrounds as four of the five fireworks companies in town would like a shooter’s site and felt a retention basin would be a good place for that. Lastly,

Commissioner Schinhofen

said he would be in Washington, D.C., February 21-26, 2015, for hearings on spent nuclear fuel and possibly getting some funding for the County that was long overdue. January20, 2015 7. Commissioners’IManaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Borasky

said he attended the Tourism Advisory Board for the town as well as the Children’s Advisory Board. The Children’s Advisory Board was an eight member board with six alternates. He needed to talk to the District Attorney’s Office about that and see what the quorum would be as they were having trouble getting a quorum. He might also talk to the Coalition about overseeing that instead.

Commissioner Wichman

said during a meeting several months ago there was a gentleman presenting information from the U.S. Forest Service who adivsed they were asking for a boundary line adjustment on the Arc Dome wilderness to accommodate the boundaries of the Yomba Tribe’s water source. She had indicated the Board would send a letter of support for the boundary line adjustment and she needed help finding that information so she could write the letter.

Commissioner Schinhofen

stated the RTC looked at Gamebird, Barney, and Homestead from Manse to Gamebird about a year ago where the project was approved but funding was not identified. He asked staff to find that for him as he hoped to bring funding forward in a month or so for at least one of those projects.

Commissioner Carbone

advised that during the Pahrump Valley Veterans Memorial Advisory Board meeting a young lady came in and talked about kids for vets. Pam Webster talked with her and he would like to know how it would be handled.

Mrs. Webster

said it was basically a proposed fundraiser and the girl wanted to collaborate with the advisory committee and share some of the proceeds. Mrs. Webster had discussions with her and there may be a way to bring that back.

Commissioner Cox

said she was at the CIP meeting and they did not seem to be making much progress with the improvements to Highway 160 from Basin out to U.S.

Commissioner Schinhofen

said he was working on some ordinance changes to charge for low-level waste and pointed out there would be no high-level waste. The ordinances propose that they would have to have a license or whatever for what they were trucking into the County. He noted the County did get some funds from DOE now that went to the State and the State split it between six counties, which he did not think was fair as Nye County was the host county. That money went to emergency services. January20, 2015 TIMED ITEMS 8. 10:00 Presentation of certificate and/or plagues to five (5) employees honored for their years of service. Certificates and/or plaques were presented to the following employees for their years of service: 20 years: Nancy Kearns 15 years: Nichole McPherson 10 years: Rachel Aldana, Michael Dorsen, James Scott 9. 10:00 Presentation of plague to a Nye County citizen for their Acts of Kindness. A plaque was presented to Butch Harper in recognition of his acts of kindness. SENIOR SERVICES 50. For Possible Action Discussion and deliberation to excess and donate three vehicles utilized by the Nye County Senior Nutrition/Transportation Program to Esmeralda County for use by their Senior Transportation Program.

Commissioner Wichman

noted she received several e-mails on this. She had been told that the Gabbs van was taken for maintenance and not returned, If a motion was made to approve this, she would like to hear that it was contingent upon the communities being provided for before the neighbors.

Commissioner Schinhofen

made a motion to approve excessing two of these vehicles to Esmeralda and one to make sure that Gabbs was covered; seconded by Commissioner Borasky. Joni Eastley advised there was a senior van available for Gabbs, but they did not know what was going to happen to it yet because there was an accident involving a fatality that demolished a vehicle. Until that accident report was closed out by the NHP it was unknown if that vehicle would be pulled for additional long distance medical trips for the Tonopah area as Tonopah had a very active long distance medical program and Gabbs did not.

Mrs. Eastley

further explained that Esmeralda County had always had three vehicles to operate their program through the grant. Nye County was originally the administrator of that grant. In an attempt to lessen Nye County’s involvement in the Senior Nutrition Program and have it operate functionally more on its own Esmeralda County requested that their portion of the transportation grant be transferred to their county so they could administer the grant, not Nye County, and run the transportation. January 20, 2015 50. For Possible Action Discussion and deliberation to excess and donate three vehicles utilized by the Nye County Senior Nutrition/Transportation Program to Esmeralda County for use by their Senior Transportation Program.-Cont’d.

Commissioner Schinhofen

amended his motion to go with staff recommendation to return them but directed staff to free up the van for Gabbs and to bring an item back so they could get a van to Gabbs; Commissioner Borasky amended his second.

Commissioner Cox

asked how the vans were paid for. Mrs. Eastley advised NDOT paid for them. They were donated to the program and the County had received funding over the years for gasoline, repairs, etc., but there were some indirect costs for maintenance paid for by Nye County taxpayers.

Commissioner Carbone

asked what was going to be done about Gabbs.

Mrs. Eastley

said Gabbs did not have a Senior Nutrition Program operated by the County. They operated a program themselves that was not State-sanctioned. They received no money for it and Nye County did not participate in that.

Commissioner Wichman

noted Mrs. Eastley was talking about the Senior Nutrition Program, but the senior van out there was for transporting to doctors appoints, etc.

Commissioner Wichman

opened and closed the public heating.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Wichman

said she could see from the totals on the bottom that not all the minor roads had made it in yet.

Commissioner Schinhofen

pointed out the maintained roads were over 2,600 miles and in 1993 there were 718 miles.

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 14. 10:15- Sitting as the Board of County Highway Commissioners For Possib — le Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Highway Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right-of-Way.

Commissioner Carbone

opened and closed the public heating.

Commissioner Schinhofen

made a motion to adopt Resolution Nos. RC2015-01 through RC2015-35; seconded by Commissioner Wichman; 5 yeas. 15. For Possible Action - General road report by Public Works Director

Commissioner Schinhofen

said he noticed this morning that the dip at Hacienda and Homestead had been raised up a bit. He asked if they were still waiting on engineering from UICN to get the bike path back in place. Dave Fanning, Publlc Works Director, advised they were waiting on engineering for them to repair that line in general and he did not know about the bike path yet.

Commissioner Schinhofen

asked about the status of the right-of-way on Mary Lou so the rest of the road could be graveled. Mr. Fanning said they were addressing that in the final map to obtain the right-of-way to bring back to the Board in February. They were also working through the same problem on Capricorn which had a well in the 30- foot road right-of-way.

Commissioner Schinhofen

asked if the funding for Manse was approved today when they would be able to start paving. Mr. Fanning explained the notice to proceed would be issued ten days after notice of award, and it would take the contractor 15 to 20 days to do. Hopefully by the end of February it should be done, weather permitting.

Commissioner Borasky

pointed out a pothole on Dandelion just passed Ranchita on the left-hand side of the road which was getting bigger every day.

Commissioner Wichman

extended the thanks of the Town of Beatty to Dave Fanning as well as the Commissioners for approving Frank Reitz and his crew to work on the Beatty Town Square project.

Commissioner Wichman

asked Mr. Fanning if he would like to publicly explain the concerns brought forward by Roif Koss on Kitty Hawk. Mr. Fanning said the subdivision was never accepted by the County and they had been doing everything they could possibly do short of taking the right-of-ways and building a road for access to those homes. They were putting a program together to identify how many homes were out January20, 2015 15. For Possible Action General road report by Public Works Director-Cont’d. there that needed roads. He added that NRS 403.170 had shed a little more light on some of these areas where Public Works could maintain them at a lower level than a County-maintained road for public safety.

Commissioner Schinhofen

advised he had been working with Mr. Fanning on a procedure to take on the roads, such as a point system so it was not arbitrary and more objective. He hoped to bring that to the Board within a month.

Commissioner Wichman

asked about the figure for SRS funding for the roads. Mr. Fanning said last year the County received $750,000.00, and the year before that it received $950,000.00.

Commissioner Wichman

cautioned everyone to be aware that the County was now short at least $750,000.00 for maintenance on the roads.

Commissioner Cox

pointed out that Mr. Koss talked about half of Kitty Hawk belonging to the County on the side of the dump he was and he said he could not develop that road because it was only half a road. She asked if the County actually turned the right- of-way over to be a road and Mr. Fanning just had to move the fence back.

Mr. Fanning

stated the County had not relinquished any land off of the landfill at the time due to the cost of the fence relocation. Currently all the operations were to the east of that so it was not going to hinder anything. Half a road could be constructed. It just had to be wide enough so two cars could pass within a 30-foot right-of-way which might not allow for a drainage ditch or a utility.

Commissioner Cox

asked about the citizens doing an assessment. Mr. Fanning said that had been done in the past. He would have to go back through the system to see what had changed from then and what it would trigger now and bring it back.

Mr. Fanning

stated he had been looking into the Pahrump Valley Junction (formerly Derma Boy Holdings) on the street lighting. They were not willing to pay for the street lighting as it would have to be absorbed by the tenants and they were not willing to raise their rates. He had Valley Electric put a meter in and it would cost roughly $80.00 to $120.00 a month to run the six lights. That cost could come down if LED lights were used. He said if it was something the Board wanted to do it could be taken to the RTC to go through that process. Lastly, Mr. Fanning advised they were graveling in Sunnyside and then would work on 350, the main road off of 318, leading out beyond where NV Energy finished their high voltage power line.

Commissioner Cox

noted it was very dark on the corner of 372 and Blagg on the same side of the street as the Seemoor’s Ice Cream Shop and it was very easy to overshoot January20, 2015 15. For Possible Action - General road report by Public Works Director-Cont’d. that corner. She asked if it was possible to get a street light on that corner. Mr. Fanning said that would be included in the roundabout, but he would look at installing a temporary light in the meantime.

Commissioner Carbone

asked why all the manpower was concentrated in one spot. Tim Carlo explained the project on Manse was starting to wind down and this would probably be the last report it was on. He had been pulling people over from Amargosa and Beatty at times so regular maintenance could be done. John Bosta requested a light at the corner of Highway 160 and Bell Vista. When making a left-hand turn there was a drop off that could not be seen at night and it was very dangerous.

Mr. Fanning

said a road safety audit was conducted in 2012 and every intersection on Highway 160 was mentioned. In order to get that light close enough to that intersection it would be in an NDOT right-of-way of 100 feet. That would have to be undertaken by NDQT and was still being addressed under the RSA. If they ever widened Highway 160 that would be one of the objectives they looked at for safety. 16. 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.

Commissioner Schinhofen

made a motion based on staff recommendation for a date, time and location of February 17, 2015, 10:15 a.m., in Pahrump, Nevada, for Nye County Highway Commission Resolution Nos. RC2015-81 through RC2015-120; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. FINANCE 41. For Possible Action Discussion and deliberation regarding RFP # 2014- IIIPWP #NY-2015-7$ Manse Paving Project.

Commissioner Schinhofen

made a motion to award the contract; seconded by

Commissioner Carbone

; 5 yeas. January20, 2015 TIMED ITEMS-Cont’d. 11. 11:00 For possible action —ZC-2014-000002: Public hearing, discussion, and deliberation on a request for a Conforming Zone Change (ZC) to change 5.0 acres from the Village Residential (VR-20) Zoning District to the Neighborhood Commercial (NC) Zoning District, located at 3391 E. Manse Road, further described as a portion of the Northeast % of the Northwest 1/4 of Section 7, Township 21 South, Range 54 East. MM Holdings, LLC Property — Owner/Applicant. Civilwise Services, Inc. Agent. AP# 045-091-02.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Schinhofen

said as he read it he understood the additional conditions that the chairman spoke of were added. He asked the applicant if they had any problems with those and the applicant did not.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbo ne.

Commissioner Carbone

pointed out the staff report said something about the property being given to the town for a fire station and asked if that was deeded over. Darrell Lacy, Planning Director, did not think any of the parcels had been transferred yet to the town or the school district.

Commissioner Schinhofen

made a motion to approve the vouchers; seconded by

Commissioner Borasky

; 5 yeas. 19. For Possible Action Discussion and deliberation regarding delegation of authority permitting the Town Manager to approve, upon consultation and acceptance by the District Attorney, contracts and routine departmental purchases within the budget authority granted by the Board of County Cornmissioners.

Commissioner Schinhofen

made a motion to delegate this authority to the Town Manager with the understanding that anything over $50,000.00 that had not been approved would come to the Board; seconded by Commissioner Carbone; 5 yeas. January20, 2015 SITTING AS 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. 20. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 20-22; seconded by

Commissioner Carbone

; 5 yeas. 21. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 20-22; seconded by

Commissioner Carbone

; 5 yeas. 22. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, April 21, 2015 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 20-22; seconded by

Commissioner Carbone

; 5 yeas. ASSESSOR 24. For Possible Action Discussion and deliberation to approve a contract with Point & Pay to set up crediUdebit card payments for Nye County Assessor’s Offices.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. BOARD OF COMMISSIONERS 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 20, 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 and deliberation regarding a resolution saying “No” to the Bureau of Land Management.

Commissioner Cox

made a motion to approve; seconded by Commissioner Carbone. Angela Bello advised her office did not provide any analysis as to the legal conclusions within the resolution, but it was her opinion that regardless of the fact that the BLM would disagree with those conclusions it would not justify them taking any action against the County. Commissioners Wichman and Carbone wanted the fifth whereas clause changed to read “the political government and the public were not appropriately involved in the planning.”

Commissioner Schinhofen

disagreed with the language in line 12 as alternative one was to do nothing.

Commissioner Wichman

said it had been pointed out to her that it had been changed and it was not a do nothing alternative. Both Commissioners Wichman and Schinhofen disagreed with the condemnation language on line 18. Commissioner Wichman believed it would hurt all efforts made at the State level with the task force.

Commissioner Schinhofen

said he still had concerns with the language and could not support the resolution. Kenny Bent believed a lot of the thought behind this resolution was to get time to get through the Legislative session.

Commissioner Wichman

thought the Commissioners all agreed on the first, second and whereas clauses, but the fourth whereas clause was a deal killer for her and

Commissioner Schinhofen

. January20, 2015 28 For Possible Action Discussion and deliberation regarding a resolution saying “No” to the Bureau of Land Management.-Cont’d. Regarding economic damage, Commissioner Carbone said he could show

Commissioner Wichman

several areas where it was causing problems. The town put together a list of several areas they wanted which would now be under the control of ACECs, as did Amargosa. He thought the resolution could be reworded.

Ms. Bello

advised the Commissioners if they were going to amend the language it would need to be re-agendized, but simple strikeouts would be fine at this meeting.

Commissioner Wichman

said if a period was put after the words “environmental damage” and the rest of that stricken then the Commissioners could agree. What she was trying to say was by the time this got to a point where they could all agree on it the Commissioners would just want more time, so a resolution was really not needed as that could be done through a phone call, and was also being done through the RAC and Senator Goicoechea.

Commissioner Carbone

pointed out that BLM was saying no to more time because they had to get this done.

Commissioner Cox

did not think the County needed to ask. It should be telling them more time was needed.

Commissioner Wichman

asked Commissioner Cox to sign the resolution in her stead. 29. For Possible Action Discussion and deliberation regarding a letter of support for STORM-OV’s Beafty Trails Project.

Commissioner Cox

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. 30. For Possible Action Discussion regarding Commissioner Liaison I Representative positions.

Commissioner Wichman

said she made some changes from what was in the back-up based on the report from staff outlining which boards could have all Commissioners as alternates and which could not. Some of her changes included adding Commissioner Schinhofen as an alternate to the Nye County Park and Recreation Advisory Board; appointing Commissioner Ccx as the alternate to the Tn-County Weed Group; changing Legislative Issues to all the Commissioners; co-appointing Commissioners Schinhofen and Cox to the Public Lands Advisory Board in the Pahrump area; and appointing herself and Commissioner Schinhofen to the Friends of the Belmont Courthouse. January 20, 2015 30. For Possible Action Discussion regarding Commissioner Liaison I Representative positions.-Cont’d.

Commissioner Schinhofen

asked whether the United Way and the League of Cities needed to be on the list.

Commissioner Borasky

said he was handling the United Way through the Nye Communities Coalition.

Commissioner Wichman

struck the United Way, but said she would like to keep the League of Cities until there was time for the executive director to come and explain the services and advantages to being part of it. Pam Webster advised the cost was $8,500.00 a year for the town to belong to the League of Cities, which covered up until July.

Commissioner Wichman

pointed out that Pahrump had been the only town in Nye County that had been a member of the League of Cities and Municipalities. She also advised that the joint meeting between NACO and the League of Cities was Friday in Henderson at the convention center from 8:30 a.m. to noon. The Board was in Recess until 1:30 p.m.

Commissioner Cox

was not present. CLERK 33. For Possible Action Discussion and deliberation to appoint one (1) member to the Pahrump Regional Planning Commission.

Commissioner Carbone

made a motion to appoint Bob Adams to the RPC; seconded by

Commissioner Schinhofen

; 4 yeas. 34. For Possible Action Discussion and deliberation to appoint one (1) member to the Amargosa Valley Town Board. This item was removed from the agenda. BOARD OF COMMISSIONERS-Cont’d. 32. For Possible Action Discussion and deliberation regarding a focused audit of the Public Administrator’s office to be prepared by Dan McArthur and to determine a source of funding.

Commissioner Cox

was present. January 20, 2015 32. For Possible Action Discussion and deliberation regarding a focused audit of the Public Administrator’s office to be prepared by Dan McArthur and to determine a source of funding.-Cont’d. Pam Webster explained the audit of the Public Administrator’s Office was not done as part of Dan McArthur’s financial statement audit as the Public Administrator’s Office was not part of the County’s financial statement. The County could request an audit per NRS 288.400, but it would have the responsibility to pay it. She said Mr. McArthur’s approach would be to audit four random cases on the current open case list and if anything came out of the audit of those to take it further. The cost of that would be $12,000.00 which would have to come out of contingency. If mote needed to be done then the Board would have to approve additional funds. Angela Bello clarified the NRS that gave the power to the Board to audit the office was NRS 244.200. She said NRS 253.091 required the Board of County Commissioners to investigate any complaint received against the Public Administrator, which was the only obligation she could see.

Commissioner Cox

said someone had insisted to her that an audit had to be done. This item died for lack of a motion. 28. For Possible Action Discussion and deliberation regarding a resolution saying “No” to the Bureau of Land Management-Reconsidered.

Commissioner Borasky

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

Commissioner Wichman

continued with her edits, starting in the fourth whereas clause with insertion of a period at the end of “environmental damage” and striking the rest of that sentence. She wanted the sixth whereas clause struck entirely. In the first be it resolved clause there was a statement of “no further implementation of this RMP without” and Commissioner Wichman wanted “a one year extension” stricken and “an adequate extension of time” or “extension of time to adequately evaluate” inserted. In the second be it resolved clause, Commissioner Wichman wanted the words “believe that prior court rulings favoring government ownership of the land are in error and” stricken. Finally, in the fifth whereas, Commissioner Wichman suggested scratching “part of” and replacing it with “appropriately involved in.”

Commissioner Schinhofen

argued that the public had been involved at the local government level so he would not support that last change.

Commissioner Wichman

read the revised resolution into the record.

Commissioner Schinhofen

restated his concerns with the fourth whereas clause. January 20, 2015 26. For Possible Action Discussion and deliberation regarding a resolution saying “No” to the Bureau of Land Management.-Reconsidered.-Cont’d.

Commissioner Cox

pointed out the typos in line 16 (“where” should be “were”) and line 1 8 (extra “t”). Kenny Bent said he liked the resolution and thanked the Board for reconsidering it. Regarding Commissioner Schinhofen’s concern, Mr. Bent noted that it clearly stated in alternative one to continue with the objectives and direction of the other studies, which was to evaluate and withdraw lands. John Bosta thanked the Board for bringing the resolution back and said he supported the revisions. He hoped all the Commissioners voted for it so it was a unified statement from the County. Robert Adams noted this was not conformed to the requirements of an RMP revision as none of the stakeholders were involved in puffing it together and it should conform to the principles of sustainable multiple use.

Commissioner Wichman

asked Mr. Adams if in his opinion from all the boards he sat on and the time he had spent on the RMP process if the resolution would change anything.

Mr. Adams

felt the resolution would count with federal elected representatives.

Commissioner Schinhofen

stated he worked on this RMP going on four years, the purpose of which was to identify lands to release. For those people waiting for the Bell Vista shooting park, he said they would wait longer as would others who were waiting for lands. He did not see the benefit in the resolution.

Commissioner Borasky

made a motion to adopt as stated by Commissioner Wichman; seconded by Commissioner Carbone; 3 yeas. Commissioners Wichman and Schinhofen voted no.

Commissioner Wichman

directed staff when they revised the resolution to put the vote in it also. PUBLIC ADMINISTRATOR 35. Quarterly report from the Public Administrator Robin Dorand-Rudoif, Public Administrator, had nothing to add to the report but did correct a couple of errors on it. Mark Oxenford was a closed case, although it showed on both the open and closed lists, and the values of the estates for Irene Whitehead and Arthur Kutcher had been put in the opposite places. January20, 2015 35. Quarterly report from the Public Administrator-Cont’d.

Commissioner Carbone

asked if anything was still under the prior Public Administrator’s control. Mrs. Dorand-Rudoif said yes and she had to talk with the District Attorney about how to transfer the names. TIMED ITEMS-Cont’d. 12. 1:30 For Possible Action Discussion and deliberation regarding approval — — of the BOCC to act as the overseeing and controlling entity for a public transit system as set forth and presented by the Nye Communities Transportation Committee. Albert Bass, the Nevada rural counties RSVP mobility manager for the southern part of the State, Pablo Encinias, Chairman of the Southern Nevada Transit Coalition and a member of the Nye Coalition Advisory Transportation Committee, and Cassandra Selbach from the Transportation Committee, introduced themselves.

Mr. Bass

presented a summary of the transportation needs in the community. Various assessments had been done in the State, all of which identified a lack of public transportation in rural areas, and Pahrump’s assessment showed the community’s main concern was a lack of transportation. He provided an overview of efforts made over the past year to establish transportation, including applying for a grant from the USDA Rural Passenger Transportation Technical Assistance Program which was awarded and would provide free public transportation assistance. Mr. Bass displayed an economic circle which showed the benefit this transportation system would have to the County and explained the 5311 Funding. No funding from the County was required at this time, although there was an in-kind match requirement. He outlined the scope of service, the route, program management and staff organization, and the plan for the first year to phase the system in, which was to have the transit system begin rolling wheels in about March, 2016. Phases two and three would include expansion of the service north to Tonopah and connection to Las Vegas and other communities. Mr. Bass stated they were looking for the County to adopt their program to provide the controlling oversight of it so they could put the plans in motion and that there was very little time for them to apply for the upcoming grants.

Commissioner Schinhofen

said by NRS the RIC was actually the entity that oversaw bus transportation, not County government, and wondered how the County would qualify for a grant for an inter-city bus service. Mr. Bass indicated that was just the wording of the grant.

Commissioner Schinhofen

said he was concerned about any kind of match. He also pointed out the bus routes did not touch the southern part of town that was more densely populated. He said if this was to go forward it really needed to go to the RTC. January 20, 2015 12. 1:30 For Possible Action Discussion and deliberation regarding approval — — of the BOCC to act as the overseeing and controlling entity for a public transit system as set forth and presented by the Nye Communities Transportation Committee.-Cont’d.

Mr. Bass

stated in Elko County the RTC suppQred the program and provided funding for it every year. It was also supported by the RTCs in other counties. Mr. Bass said they were not asking for funding at this time from the County or the RTC. They had a plan in place to support it so it could be self-efficient, but the strength was under the County and NDOT would rather see it under the County rather than a private organization that could not afford transportation. Pam Webster clarified that “under the County” was from a grant management and grant application standpoint. She explained the County would submit the grant application after the committee had completed it and would then manage the reporting and control of the confines of any regulations in the grant.

Mr. Encinias

stated that at the inception of this process they made every diligent effort to get the RTC involved. They had a representative at one meeting, but the RTC did not have enough information to make a decision. Mr. Encinias said they never heard anything again.

Commissioner Carbone

expressed various concerns regarding potential future costs to the County, the effect of population increases, the location of the routes, and access to the service for residents.

Commissioner Wichman

was concerned with the gap in the grant funding that needed to be filled and the County being on the hook if the private funding failed. She felt that based on the presentation it sounded like a community issue, not a County issue, while the funding would come from all the taxpayers of Nye County, not just those in Pahrump.

Mr. Bass

explained they were requited to have a plan in place with a lead organization like the County so they could move on and apply for the grants and secure private funding.

Commissioner Borasky

disclosed he sat on this committee. His poll of the audience indicated a majority of the attendees supported this program.

Commissioner Cox

said she was not against the service, but she did not feel the public should pay for it as it never paid for itself and the County was not in a financial situation to be involved. She did agree that something was needed that was inexpensive.

Mrs. Webster

pointed out they were asking for approval to prepare the grant documents and their formal plan and would bring that back to the Commissioners for permission to January20, 2015 12. 1:30 For Possible Action Discussion and deliberation regarding approval — — of the BOCC to act as the overseeing and controlling entity for a public transit system as set forth and presented by the Nye Communities Transportation Committee.-Cont’d. submit. They were only looking for the County’s commitment to support them through the grant application and moving forward in that manner.

Commissioner Schinhofen

made a motion to allow them to use Nye County through the RTC to apply for the grants, but no commitment would be made until those grants and a clear picture of their financial status came back; seconded by Commissioner Carbone; 5 yeas.

Commissioner Borasky

was not present. BOARD OF COMMISSIONERS-Cont’d. 31. For Possible Action Discussion and deliberation regarding a Resolution of the Nye County Board of County Commissioners supporting the permanent display of the national motto “In God We Trust” in the Commissioners’ Chambers in a prominent location.

Commissioner Carbone

made a motion to adopt Resolution No. 2015-04 supporting a permanent display of the national motto “In God We Trust” in the Commissioners chambers; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

stated it was being adopted for historical and patriotic reasons.

Commissioner Carbone

amended his motion to include that.

Commissioner Cox

asked if there was anything in the laws that would prevent the Board from doing this. Angela Bello advised as long as their primary purpose was not religious but secular.

Commissioner Wichman

advised this was vetted through the community in Railroad Valley and they agreed with the designation of the name.

Commissioner Carbone

made a motion to approve; second by Commissioner Schinhofen; 4 yeas. 36. ongoing Project Report The report was in the back-up. As there were a growing number of participants in the Nationwide deferred compensation program through NACO, Commissioner Wichman suggested making it available to the County. 38. For Possible Action Discussion and deliberation regarding a Forestry Work Project Agreement for Cooperators between Nye County and the Nevada Division of Forestry. This item was removed from the agenda. 39. For Possible Action Discussion and deliberation regarding a feasibility study to fund a project to purchase land located at 700 E. Wilson Road, Assessor’s Parcel No. 35-311-02. This item was removed from the agenda. ASSESSOR-Cont’d. 23. For Possible Action Discussion and deliberation regarding a focused audit of the Assessor’s office to be prepared by Dan McArthur. Pam Webster explained this was past practice. However, the Assessor’s Tech Fund could not fund it so it would have to be funded out of the General Fund from contingency.

Commissioner Schinhofen

made a motion to approve taken from contingency; seconded by Commissioner Carbone; 4 yeas. H/R AND RISK MANAGEMENT

Commissioner Wichman

understood these positions were open and in the current budget and the savings could go to the stabilization fund, but she was concerned about January20, 2015 H/R AND RISK MANAGEMENT-Cont’d. facing a $2 million shortfall, hiring a group of people to fill the positions, and then laying them off.

Commissioner Schinhofen

had the same concerns with one possible exception. He asked lithe chief deputy would be promoted from within the office, which was correct. He said by doing that and not filling the others at this point he agreed with all of them.

Commissioner Borasky

was present. 42. For Possible Action Discussion and deliberation to approve filling one Chief Deputy Assessor in the Assessor’s Office.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky. Shirley Matson, prior Nye County Assessor, stated she was specifically told by the Human Resources Manager shortly after assuming office in 2011 that this position had been permanently removed in the wake of Robin Rivero’s retirement due to budget constraints, and her items to request a chief deputy were pulled from a later agenda. She asked when the position was reinstated, why she was not informed, where the funds were coming from, and if the Commissioners approved reestablishment of an abolished position in the middle of a fiscal year while revenues were as low as they were. Mrs. Matson reminded the Commissioners that at the October21, 2014, meeting she was refused a part-time casual labor position in support of the mapping division as it was not budgeted. She said approval of this item left the County open to a lawsuit by her. She did not think a chief deputy was needed as presently there were three deputies, any of whom could stand in for the Assessor. Danelle Shamrell, Human Resources Manager, stated it was her understanding that early in Mrs. Matson’s campaign or soon after she took office she claimed she did not need a chief and would take the duties on herself. The position was not filled, but it still existed and had just been inactive. Pam Webster noted this would not be added head count, just moving someone into this position. Angela Bello advised the District Attorney’s Office had not had an opportunity to evaluate what had been said here and whether a lawsuit would be valid. Dwight Lilly said he saw no back-up on any salaries and felt the County needed to look at the pay structures when talking about adding more employees if it was $2 million in the red. He also did not see where the County could afford to increase the payroll when it was the poorest county in the State. January 20, 2015 42. For Possible Action Discussion and deliberation to approve filling one Chief Deputy Assessor in the Assessor’s Office.-Cont’d.

Commissioner Wichman

pointed out that this was not adding any bodies. It was just an internal promotion. Secondly, the rest of the items were not being considered here, only item 42.

Commissioner Cox

asked if this was the same position the Assessor was recently turned down for and how much more this position would pay than the position of the person leaving.

Mrs. Shamrell

explained this was not the same position the Assessor was turned down for. It would be posted internally and filled based on a promotion internally within the Assessor’s Department. The vacant position would then be filled with the savings going to the stabilization fund. She said it was difficult to determine that savings at this time as it was unknown who would go into that position, but in all actually it would be about a $5,000.00 increase to that person’s salary to fill the chief position. Who applied for it and who was selected would determine the final outcome.

Commissioner Schinhofen

amended his motion for the savings to go to the stabilization fund; Commissioner Borasky amended is second; 4 yeas. Commissioner Cox voted no. 43. For Possible Action Discussion and deliberation to approve filling one vacant Personal Property AppraiserlCollections Clerk in the Assessor’s Office. 44. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position in the Sheriffs Office. 45. For Possible Action Discussion and deliberation to approve filling one DA Investigator for the District Attorney’s Office. 46. For Possible Action Discussion and deliberation to approve filling one vacant Lieutenant position in the Sheriffs Office. 47. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position in the Sheriffs Office. On the remaining items, Commissioner Schinhofen said he would like them brought back next month after they had a clearer picture on the budget. Pam Webster explained these were vacant, budgeted positions, and suggested that they be recruited but not filled until confirmation on the budgeting impact was received.

Commissioner Schinhofen

made a motion to recruit the positions but not fill them until confirmation was received on the budgeting impact; seconded by Commissioner Carbone. January20, 2015 43. For Possible Action Discussion and deliberation to approve filling one vacant Personal Property AppraiserlCollections Clerk in the Assessor’s Office. Cont’d. 44. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position in the Sheriff’s Office.-Cont’d. 45. For Possible Action Discussion and deliberation to approve filling one DA Investigator for the District Attorney’s Offlce.-Cont’d. 46. For Possible Action Discussion and deliberation to approve filling one vacant Lieutenant position in the Sheriff’s Office.-Cont’d. 47. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position in the Sheriff’s Offlce.-Cont’d. Regarding item 44, Sheriff Wehrly advised that they thought Paul Harvey was going to go out on a medical. He decided to stay so that was not a position they needed to fill. However, she said they did need to fill the lieutenant and deputy positions.

Commissioner Wichman

mentioned her prior comments about hiring people and then laying them off. Angela Bello noted that missing an investigator was also affecting her office.

Commissioner Schinhofen

made a motion to table items 43, 45, 46 and 47, pull item 44, and allow the positions to be recruited but not filled until something came back to the second meeting in February; seconded by Commissioner Carbone. John Bosta noted it was only halfway through the year with the positions not filled. The money was in the budget and had been approved, so he thought the positions should be filled with the understanding that at the end of the budget year there could be change. He felt to change it now on the pretense of saving money for next year was not fair to the taxpayers and the citizens were put at risk by not filling the positions.

Mrs. Webster

stated the County was looking at a potential shortfall in 2015 of $2 million in revenue, which was an impact to an already approved budget for this year. This was the day to day budget they were dealing with this year.

Mr. McArthur

directed the Board to pages 245 and 246, which was follow up from previous years. It included comments relating to timely bank reconciliation, capital assets, and revenue apportionment.

Mr. McArthur

then discussed Appendix C to the letter entitled Independent Auditor’s Report, which had to do with compliance with NRS. That indicated some functions were overspent, including public safety, and that the Sheriffs Office was not depositing their monies to the Treasurer by the first Monday of the month. Regarding the installment purchase agreement shown, Mr. McArthur explained during the year the County entered into a non-funded capital lease agreement for some equipment purchased from Motorola. There was a requirement that if the dollar amount of those lease agreements exceeded $50,000.00 based on the population of a county the commission should have a public hearing to approve going into debt and then forward that paperwork to the Department of Taxation, who had to approve the debt and that approval had to be in the minutes of a county commission meeting. Mr. McArthur said he could not find that documentation, which was a possible violation of statute for going into debt for a lease agreement.

Commissioner Wichman

asked what could be done now to fix the problem. Mr. McArthur said it was his experience that the Department of Taxation would bring it before the Board, go through the procedure, then approve it and move forward. However, he pointed out there was a second lease agreement entered into in August, 2014, not the year he audited, that also had the same issue so the Commission would want to do them both at the same time. Another issue Mr. McArthur addressed was the dramatic decline in revenues for the general fund shown on page 69 of the financial statement, which was obviously driven directly by the economic situation inside the County. He did not see an opportunity to raise those revenues with the caps that existed on property taxes right now and since the consolidated tax was totally driven by what the consumer did inside the County, he said the Commission did not really have any control over that. Mr. McArthur’s January 20, 2015 13. 2:00 Presentation by Dan McArthur regarding the FY 2014 Nye County Annual Audit Reports.-Cont’d. recommendation was that the Commissioners look at that and develop short-range and long-range plans to see how it affected cash flow and how it would affect the general fund in the future.

Commissioner Schinhofen

asked if there was any problem with the way the taxes were assessed. Mr. McArthur said based on what he looked at to this point, no. He explained an audit did not mean he looked every single transaction that took place. It was based on the controls the County had in place, looking at those controls, and testing revenues, expenditures, etc., but they did not look at every single transaction and did not appraise the property.

Mr. McArthur

then reviewed his discussions with management regarding debt reserves required for the utility funds and how to better account for those; items of value (capital assets less than $3,000.00) that should be monitored; and an ongoing project related to written policies and procedures due to the new software program that came into play a couple of years ago. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP-Cont’d. 17. 10:00 Presentation by Dan McArthur regarding the FY 2014 Town of Pahrump Annual Audit Reports. Dan McArthur directed the Board to page 2, the Independent Auditor’s Report and the statement regarding the ceasing of the town board form of government. He advised there were no instances of non-compliance required to be reported under NRS. He reviewed the assets and liabilities of the funds of the town. There were 23 funds, including the ambulance fund which Mr. McArthur said would need attention due to the loss of operating income. Some efforts needed to be made to put together a financial plan to ensure the viability of the ambulance fund. SITTING AS THE BOARD OF COUNTY COMMISSIONERS INFORMATtON TECHNOLOGY 48. 9-1-1/Dispatch Upgrade Project Update Milan Dimic, IT Director, addressed first the outage that occurred on December 12, 2014, and the comments made regarding the phones and radios being on the internet, which was totally inaccurate. He said the radios were digital, but they ran across the County’s microwave system and not with a phone company. Secondly, regarding the January20, 2015 48. 9-1-1/Dispatch Upgrade Project Update-Cont’d. comment about not being able to get a hold of someone in Tonopah for twelve minutes,

Mr. Dimic

said he would like to know when that was. He pointed out his contact information was on the Web site and he encouraged people to contact him with their concerns.

Mr. Dimic

explained the issue on December 12, 2014, was related to a power outage at 1520, which was not really a power outage. The system had two power back-up systems, a generator and a UPS. The UPS was antiquated and the batteries were dead when the brown out occurred. As there was power the generator never kicked on.

Mr. Dimic

recommended replacing that UPS to avoid this in the future for a cost of $16,000.00. He said 9-1-1 was only out for 25 minutes in the whole County, but would normally be routed to Beatty. Regarding the new 9-1-1 system, Mr. Dimic advised all equipment had been received, installed, and training had been done. The feedback from the dispatchers was very positive for the new system. The current schedule was to begin implementing the new equipment in the next couple of weeks with a go live date of February 19, 2015, and everything scheduled to be signed off on and accepted by February 23, 2015. FINANCE-Cont’d. 40. Financial Reports Amy Fanning reviewed the expense report by department, which showed IT, Planning and NRC in the pink. She thought possibly a change in allocations was needed and was working with the departments. Regarding the revenue report, Mrs. Fanning noted it showed a $2 million shortfall from the projections made. She said they were looking at some other revenue resources right now. PLANNINGIBUILDING 49. For Possible Action Discussion and deliberation to ratify (approve) a one- year extension of the Pahrump Valley Clean Air Action Plan (CAAP) under the Memorandum of Understanding (MOU) with Nevada Division of Environmental Protection (NDEP) and the United States Environmental Protection Agency, extending the expiration date from December 31, 2014 to December 31. 2015. Levi Kryder from NWRPO said they had approached NDEP to see if they would be willing to modify this as the County had some suggestions on loosening the restrictions on paving parking lots and other things. NDEP was not comfortable making changes carte blanche and wanted more time to review it. January20, 2015 49. For Possible Action Discussion and deliberation to ratify (approve) a one- year extension of the Pahrump Valley Clean Air Action Plan CCAAP) under the Memorandum of Understanding (MOU) with Nevada Division of Environmental Protection (NDEP) and the United States Environmental Protection Agency, extending the expiration date from December 31, 2014 to December 31, 2015.- Cont’d.

Commissioner Schinhofen

made a motion to ratify; seconded by Commissioner Carbone.

Commissioner Cox

wanted to know what would happen if the County did not renew this and did not have an MOU with the EPA.

Commissioner Wichman

advised NDEP would come back with a determination of non- attainment for the PMIO so the County would be forced into paving everything in the valley to avoid dust.

Mr. Kryder

added the County had ordinances that required dust control so even if the MOU was not renewed the laws were still in place.

Commissioner Cox

suggested the County do this on its own and keep its own air clean. Dave Fanning stated that if the County did not step in for another year development would be halted. He pointed out that while the State had not come to the Board every six months as required under the MQU to inform the County how it was doing with the dust control, non-attainment was not a position the County wanted to be in. This was the proper step to at least stay in it one more year and then determine what else could be done.

Commissioner Cox

asked what would happen when the year was over. Pam Webster advised this year extension was to give both sides the time to come forward with a revised and long term MOU that would give some of the relaxed authority the County was looking for. John Bosta said the State informed the federal government that the County had met their air pollution with the exception of the dust stage and the only time there were violations was when there were high winds. The State wanted to take whatever they had against the County off, but the federal government would not accept it. He suggested continuing the MOU and checking to see if that information was true.

Commissioner Carbone

pointed out that Hollis Harris properties down by the school was still blowing pretty well and the County needed to help him out as the kids were pretty much eating dust on a constant basis.

Commissioner Borasky

noted he was the only certified VE reader on the Board. 53. ADJOURN

Commissioner Wichman

adjourned the meeting. APPROVED this /7 day ATTEST: Of ,2015. C air A N eCunty Clerk/Deputy