March 17, 2015

Commissioner Wichman

pulled item 24 from the agenda due to the lack of back-u p.

Commissioner Schinhofen

asked why item 36 was being pulled. Mrs. Webst er advised it was requested the items be considered as part of the total plan rather than individually.

Commissioner Borasky

added one of the reasons it was asked to be pulled was because there was a lawsuit on this matter and there were a lot of people who did not want to tackle this until the results of that hearing were received.

Commissioner Wichman

clarified there was nothing cut from the senior centers. The cuts were from Senior Nutrition and could be made up in grants. Deb Cobb said she was discouraged and disappointed with the actions against northern Nye County, which were irresponsible and bordered on reckless. She said closing dispatch had been a nightmare and resulted in drastically reduced response times in the northern area. She questioned whether an evaluation had ever been done on the change before it was made and wondered how any savings would be seen by closing the jail now. Mrs. Cobb realized there was a budget crisis but believed addressing it should not come at the cost of public safety. She reminded the Commissioners that they represented all of Nye County, populated and rural communities alike. Dwight Lilly stated under NRS 244.225 the Nye County Commissioners were required to publish financial reports. September 24, 2014 was the last entry for expenditures published, which violated that NRS. He had a formal complaint prepared to request the County obey the law and provide the financial statements required and for the District Attorney to take measures necessary to ensure the County complied. Additionally, there was a purchase order turned in for $1 8,750.00 on or about December 14, 2014, by the current Nye County Sheriff. Mr. Lilly said he found no material at all in the County financial records for it and submitted a written request for a copy of the public records per NRS 239.0107. He also could not find any information or back-up for the contract with Charles Abbott & Associates and requested that no further payments be made out of the County treasury until that material was located. Betty Reed, a resident of Tonopah for 40 years, addressed the issues with emergency services as well. She described an incident a few months ago when her husband fell and the long response time she experienced as well as the rudeness of the dispatcher.

Mrs. Reed

stated the residents of Tonopah were important, the seniors were important, and the deputies were important. The biggest problem right now with the dispatch system was they did not know Tonopah. Mrs. Reed stressed those services were needed in Tonopah, Round Mountain, Gabbs, and everywhere else. Carlton McCaslin with the Wild West Extravaganza said this year they hoped to have the 20-mule team present. There would be an outhouse race again this year and a special grudge match to address a dispute at the inaugural outhouse race held last year. The winner of the grudge match would be in the Sunday runoff for “King of the Throne.” March 17, 2015 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. Bill Cams, chairman of the Republican Party, said their monthly meeting would be on Saturday at 10:00 a.m. at 3370 S. Highway 160. They would hold nominations for the next board members. He commended the Commissioners for the difficult decisions made at the last meeting regarding budget cuts and encouraged them to work with the Legislature to not have to negotiate with the employees as it was bleeding the County dry. Sharon Wehrly spoke on behalf of the Wild West Extravaganza and Blue Grass Festival. The contract for the mule team had been signed and there would be two shows at $5.00 per person. There would also be a parade. It would cost $10.00 for a person to enter and $25.00 for a group and participants had to dress very, very western.

Commissioner Wichman

clarified on page 4 under item 5 she would be returning on February 26, 2015, not February 23, 2015. On page 20 in second line of the third paragraph under item 42 the word should be “progressed” not “prevailed.” On page 21 in the seventh line of the fourth full paragraph under item 42 Commissioner Wichman stated she said the domestic well owners were represented.

Commissioner Schinhofen

made a motion to approve with the corrections; seconded by

Commissioner Carbone

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

stated there was a large RV club in town having several events, but he was not sure if they were open to the public. He said this would be good for the County and would hopefully continue for quite a while.

Commissioner Borasky

said the upcoming 4th of July parade would be held at the Eye again. Step off would be at 9:00 a.m. with a pancake breakfast at 6:30 a.m.

Commissioner Schinhofen

asked everyone to keep Vern Van Winkle in their prayers. Also, last week Terry Pratchett, the author of “This World Series,” passed away. Match 17, 2015

Commissioner Wichman

advised that on Friday the County’s bill fot the Public Administrator was introduced to the Legislature. She invited all the Commissioners and anyone who wanted to testily on any of the bills to do so and said that could be done from Las Vegas instead of Carson City. People could ask Joni Eastley for information on the schedule.

Commissioner Borasky

asked for an item on the next agenda to change the meeting start time to 9:00 am. instead of 10:00 am. as a lot of times meetings could be completed within a three hour period but not two. He also wanted to know how many department heads, elected officials and supervisors agreed to voluntarily take the 10% cut like the Commissioners did as it would be nice to know everyone was working together in Nye County. Finally, Commissioner Borasky noted that “In God We Trust” was supposed to go up on the wall. He contacted someone yesterday and asked for a quote, which he would forward to Pam Webster once he received it, but he would be willing to pay for it himself. Lorina Dellinger advised they had been looking into the letters and she could work with

Commissioner Borasky

. She had spoken with Chairman Wichman and letters rather than a plaque was decided on.

Commissioner Schinhofen

said he would like an agenda item for a presentation on dispatch and how it was working now that the central location was in Pahrump, how many people they had, and who things were communicated to on the local level, so the Commissioners could take a look at the concerns.

Commissioner Wichman

said she wanted that presentation not strictly from dispatch but also from IT on how communications were working throughout the County.

Commissioner Schinhofen

said he would like the Board to consider a reversionary on the fairground property so it would not be under lease and the town would own it. He then stated that none of the cuts were easy and none of them were directed at any one population. He knew how much of the County was above Tonopah and welcomed anyone who could give the Commissioners other choices.

Commissioner Wichman

asked if Gabbs had received their van back. Pam Webster said no because the drivers had not completed the training. March 17, 2015 7. Commissioner&IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d.

Commissioner Wichman

asked Mrs. Webster to add that to the project list to report to the Commissioners when that was done.

Commissioner Wichman

stated the press did not do any favors by the way they reported what the Commissioners did with their actions to support the budget. She noted most of those cuts were subsidies only. If anyone was curious about what was cut they should let her know. She said she had been going over everything with the towns and planned on being at the Tonopah town budget meeting. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Resolution Nos. RC2015-161 through RC2015-199; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

asked what the permit to make gravel for Sunnyside was for. Tim Carlo from Public Works explained an MSHA permit was needed for the plant and once it was assigned it would travel with the plant to whatever pit it went to.

Commissioner Schinhofen

understood there were compaction issues on Manse Road last week which had been taken care of. Dave Fanning, Public Works Director, explained the bottom layer would be done, which they hoped to get down by Saturday, and the secondary would go on sometime next week.

Commissioner Cox

asked why the Amargosa and Beatty crews were helping with the Manse Road project. Mr. Fanning advised the crew was not big enough in Pahrump so they combined forces to get the project off the ground.

Commissioner Cox

reported potholes at the corner of Gamebird and Vicki Ann and in the middle of Lost Creek Road. March 17, 2015

Commissioner Carbone

said he got a lot of phone calls about potholes and that people were looking for a time frame when those would be addressed. In light of the potential growth of the RV club he spoke of earlier he felt some way needed to be found to repair the bad spots, especially on Bell Vista since it would get a lot more use if the RV conventions started coming to Pahrump. He also mentioned the need for bike paths.

Commissioner Carbone

asked about the light at Blagg Road. Mr. Fanning advised the application was turned in three or four weeks ago and he had not heard back from yEA.

Commissioner Carbone

asked about the lights at Basin and Highway 160. Mr. Fanning said that application went to VEA a month and a half ago and he was working on getting the new property owners to release it to put it into Nye County’s name. He would follow up.

Commissioner Borasky

asked Mr. Fanning when he looked at the intersection of Vicki Ann and Gamebird to also look at Unicorn and Gamebird as both edges of the roads were tore up from people driving off the edge.

Mr. Carlo

advised they had been in and out of there several times but he would make sure they got out there again.

Commissioner Cox

expressed her concerns with the proposal to put a gun shooting range on Mesquite without having a light on Mesquite and Highway 160. She suggested getting in touch with the attorney for the medical marijuana establishment applicant who had offered to pay for that light if they were able to get their business started to see if they were serious about that.

Commissioner Schinhofen

stated he had talked with them and they were not inclined as it penciled out with the dispensary. The offer was if they got the dispensary they would put a light in and NDOT said they would not allow a light there.

Commissioner Cox

asked Mr. Fanning to still address it. Regarding the counter on Cook Road, Mr. Carlo said it was out there and he would pick it up this week. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. Match 17, 2015 PUBLIC WORKS

Commissioner Wichman

asked Mr. Fanning if it was within his authority when looking at an encroachment permit to determine what could be done and what agreements were needed. Mr. Fanning said it would be after the action today, but when these roads were originally taken by the County the driveways were not part of it and he would like to be able to make that call.

Commissioner Schinhofen

said it was his understanding that most times if they were going to be cut it was going to be for utility access. Mr. Fanning said it would be very unlikely it would be utility, but if there was a problem it could affect the driveway and he did not have the crews or the concrete to put the driveway back. Angela Bello said there was a bond that could be required for an encroachment permit and typically that was how this would be handled. It seemed to her they were requesting that rather than have the bond put in place, because that was a burden on the homeowner, an agreement would be made as a condition.

Commissioner Wichman

asked if Mr. Fanning had required a bond from everyone who came in for an encroachment permit. Mr. Fanning said no as it was up to his discretion only because it had not been active to this point.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox.

Commissioner Schinhofen

asked if the motion encompassed both items. Commissioner Borasky said yes. Tim Hafen advised the Board there was nothing in Section 12.08 that required any kind of material for a driveway and asked how the Board could arbitrarily say they would require asphalt or allow concrete. He further noted it was talking about Artesia only and wondered how the Board could be arbitrary and discriminatory when saying this was the policy the Commissioners would apply to only Artesia. Mr. Hafen recommended no action be taken on this item. March 17, 2015 35. For Possible Action Discussion and deliberation to: 1) continue to permit concrete driveways provided the homeowner(s) accept the cost of the initial construction and any repairs of concrete driveways in the County right-of-way; and 2) assign financial responsibility for any repair or damage to concrete driveways within the County ROW caused by any means to the homeowner if they do not permit the repairs to be made with asphalt.-Cont’d.

Commissioner Borasky

agreed it did state Artesia and wondered if this would pertain to any other concrete driveways in the County.

Commissioner Wichman

noted if the word Artesia was removed it would be instruction to staff to handle those encroachment permits on a case by case basis.

Commissioner Borasky

withdrew his motion; Commissioner Cox withdrew her second.

Mr. Hafen

said concrete driveways were allowed since the County took them over and that this came to a head when one particular contractor went to get an encroachment permit. He filled in the blank concrete driveway” and had to change it to an asphalt driveway. After a week or two of discussions it was allowed to go back to concrete. Mr. Hafen felt this was very arbitrary.

Commissioner Schinhofen

asked the District Attorney if this would be considered amending the ordinance through a motion or if it was even permissible.

Ms. Bello

said she did not believe this was amending the ordinance and that the action would be legal. She indicated she would be happy to sit down and listen to Mr. Hafen if he had a different argument. Basically instead of requiring the bond the County was willing to accept the agreement of the homeowner to pay for a repair.

Mr. Hafen

pointed out the County ordinance required a bond. There was a requirement a bond could be waived for an individual but a contractor had to have one.

Commissioner Wichman

stated they were trying to put discretion under the encroachment permit and leave it an encroachment permit. Mr. Fanning wanted clarification and the Board was just giving that clarification, not changing the ordinance.

Commissioner Borasky

made a motion that Public Works is seeking Board confirmation to (1) allow the construction of any concrete driveway within a County right-of-way development through the authority provided to the County under NCC 12.08 and (2) defer to the homeowner all expenses for the repair and any damage to concrete driveways within a Nye County right-of-way caused by maintenance work if the homeowner does not permit the repairs to be made with asphalt.

Commissioner Carbone

questioned the use of the words “repair with asphalt” or anything as it was up to the discretion of the homeowner.

Mr. Fanning

said it became a maintenance issue at that point.

Commissioner Carbone

made a motion that Public Works is seeking confirmation of (1) to allow construction of concrete driveways within the County right-of-way through the authority provided with the Nye County Code NC 12.08 and (2) defer to the homeowner expenses for the repair of damage to the concrete driveway within the County right-of- way caused by maintenance work if the homeowner does not permit the repairs; seconded by Commissioner Cox. At Commissioner Borasky’s request, Commissioner Carbone restated his motion that Public Works is seeking Board confirmation to (1) allow construction of concrete driveways within the County right-of-way through the authority provided to Nye County Code NCC 12.08 and (2) defer to the homeowners all expense for the repair of the damaged concrete driveway within the County right-of-way caused by maintenance work if the homeowners do not permit the repairs.

Commissioner Cox

asked if there was anything not legal or any type of problem that would be caused if the Board left this to apply to the Artesia Development only as they were an actual enclosed development with CC&Rs instead of making it County-wide.

Ms. Bello

stated she did not have enough information to say that. She did not know if there were other agreements with developments and what they were. She said she was a little confused about the motion herself as when the words “with asphalt” were taken out it sounded like the homeowners would pay the expenses if they did not allow the repair. She said the words “with asphalt” were needed.

Commissioner Cox

felt this could be handled as an Artesia only issue.

Commissioner Carbone

amended his motion to add with asphalt; Commissioner Cox amended her second.

Ms. Bello

clarified the second half of the motion applied County-wide.

Commissioner Cox

asked if this grant was to hire three more people. District Court Judge Kimberly Wanker explained they had the grant before the positio ns. That grant expired and they did not get a grant last year. She advised there were 60 people in drug court and she and a coordinator were running everything. It was strictly grant funded and if they did not have the grant they would not have the positions.

Commissioner Cox

did not think putting people through these programs was solving the problem and the majority of them just ended up going back. She thought a different approach was needed. Judge Wanker invited Commissioner Cox to come to drug court. She compared the cost of incarceration to the cost of rehabilitation and said there were some great success stories as well as failures. She pointed out the goal was to get people off the assistance rolls and become contributing members of society. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. Match 17, 2015 LIQUOR 10. For Possible Action Discussion and deliberation to upgrade a Package Liquor License to a Retail Liquor License for The Landing Zone, 30 Electrum Blvd., Round Mountain, NV. Cynthia Barber, Applicant.

Commissioner Schinhofen

made a motion to approve based on staff recommendation noting there was nothing in the background precluding them from receiving this upgrade; seconded by Commissioner Wichman; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. SHERIFF 23. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to Pyritz Pyrotechnics Group. Paul Speight. Applicant.

Commissioner Borasky

advised they asked to move it to April 11, 2015.

Commissioner Borasky

made a motion to approve and move it to April 11, 2015; seconded by Commissioner Schinhofen. Pahrump Fire Chief Scott Lewis advised he had no plan from this group for a fireworks display and asked them to get with the fire department immediately to plan this. Pam Webster suggested bringing it back after they met with the fire department.

Commissioner Borasky

withdrew his motion; Commissioner Schinhofen withdrew his second.

Sheriff Wehrly

said she had something from Round Mountain Gold Corporation for fireworks also. Callie Stark from the Sheriff’s Office explained she had most of the requests for aerial fireworks displays for July and they would be on the agenda a little bit closer to when the events would take place. 24. For Possible Action Discussion and deliberation regarding the Sheriff’s Office Public Safety Sales Tax Spending Plan. This item was removed from the agenda. March 17, 2015 HIR AND RISK MANAGEMENT 31. For Possible Action Discussion and deliberation to approve filling one vacant Dispatcher in the Sheriff’s office.

Commissioner Schinhofen

said because the back-up was so detailed and showed the cost savings for the year, and that this was budgeted, he would make a motion to approve filling with the savings going to the stabilization fund; seconded by

Commissioner Borasky

; 5 yeas. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 11. Presentation on Business Licenses Alexandra Crow, business license technician, provided information on how to obtain a business license, when a business license was required, and the cost. She explained the meaning of “exempt business license.” She outlined the fees and noted there had been an increase in the exempt business license since 2013.

Commissioner Schinhofen

asked what it cost to run the business license section. Michael Sullivan, Pahrump Finance Director, said it was about $140,000.00. He also clarified on the rates that they did not collect money for the Planning Department and the fee for the fire inspection was separate from the business license.

Commissioner Borasky

did not feel the statement that ensuring all businesses have a business license would ensure that non-local businesses would not come in and perform a service was 100% accurate as there had always been people without business licenses performing services that just did not get caught. Pam Webster pointed out that the Assessor’s Office worked closely with them to be notified of businesses for personal property tax as well.

Commissioner Carbone

asked how regularly fire inspections were done as he had heard businesses say they had been waiting for a long time. Pahrump Fire Chief Scott Lewis explained they not only did a primary but also had to do re-inspections on the same businesses. There was also a relocation policy that ran rampant through the community so they were always in the process of playing catch-up. Additionally, they had lost staffing so it was he and a lieutenant doing all the inspections and they were doing their best to keep up with it.

Commissioner Carbone

asked if the $50.00 the fire department received covered the expenses for the amount of work they were doing. Chief Lewis said not necessarily, March 17, 2015 11. Presentation on Business Licenses-Cont’d. especially if they had to do re-inspections. It was not too bad with the smaller businesses, but the larger retail and commercial centers took longer and their rates were far lower than any other community across the board.

Commissioner Cox

stated she would like to see a committee put together to go over the entire business license as she thought the County was overstepping its bounds. Anthony Greco stated one of the reasons the town board form of government was voted out was to remove all of this stuff. He felt the license by the town was extortion as there was already a license from the State with rules and regulations from the County. The Board was in recess until 1:30 p.m. 12. Presentation on Tourism & Marketing Arlette Ledbetter reviewed the Pahrump tourism strategic marketing and public relations recap for 2014 focusing on external marketing. Since April 2014, there had been an increase in earned media placements, visits to the Web site, and Facebook likes. She described the brand positioning as base camp to adventure. The target audience was adults 45 to 65+, the young and adventurous, “Blue Collar Bobs” and senior snowbirds. She displayed the new brand mark, the new brand creative, the ads used in some publications, and the billboard campaigns in Las Vegas. As far as public relations, Ms. Ledbetter said their focus was on southern Nevada media. They had also secured regional and national media and earned a PR value of $1 million plus. Additionally, they used digital advertising and felt that was the future. In 2015 they planned to continue to engage in compelling creative design with strategic advertising placements, storytelling and social media engagement.

Commissioner Schinhofen

suggested putting a billboard on Highway 160 and Highway 95 so people knew where the turnoff was. Ms. Ledbeffer said they were working on that.

Commissioner Carbone

asked how Ms. Ledbetter knew they were getting the bang for their buck without knowing if people were actually coming to Pahrump. Ms. Ledbetter explained it just gave them an outline of the consumer/traveler, but it did not give the citywide data that they sought to set up this year. She said they wanted to get a visitor survey in place and had met with the hotel properties to see if they would hand over that information to a third party data person to compile. That would give them a better picture of the traveler, the dates they were traveling, and where they needed to target their marketing. At Commissioner Borasky’s request, Ms. Ledbetter described the Monaco RV rally that was going on today, a large group of people on the high-end scale of large RV’ers with large discretionary income who also gave a lot back to the communities. March 17, 2015 12. Presentation on Tourism & Marketing-Cont’d.

Commissioner Schinhofen

suggested working a picture of the Wild West Extravaganza into the advertising Pam Webster stated one of the things she and Ms. Ledbetter had discussed was to encourage the different venues through in-house surveys to give feedback as it would help with focused advertising and to put heads in beds.

Commissioner Cox

indicated she would like to meet with Ms. Ledbetter and share some of her ideas. She asked if there was a way to estimate how much this cost every year to get it out. Ms. Led better said she would come back next month with a budget allocation, Nevada Commission on Tourism grants, and some other people to provide testimony. 13. Presentation of the 2014 ISO Protection Area for the Town of Pahrump Pahrump Fire Chief Scott Lewis advised the ISO (Insurance Service Organization) ratings had been reduced for the Town of Pahrump. He explained how the ISO ratings were determined and said it was basically a risk tool that allowed insurers to determine what risks would be in any municipality across the country. Communications were 10% of the 100% score, the fire department was 50% and the water supply was 40%. Chief Lewis said with the new ISO classifications some people in the valley should see a reduction in their insurance premiums. He described the steps taken to get the reduced rating, which included revising their internal operations. He stressed a water distribution system was very, very important so to further reduce the rating they would have to address the staffing and expand the water supply system.

Commissioner Cox

asked how the program was funded. Chief Lewis stated ISO did not charge the municipality that they evaluated. They charged the insurance companies or anyone else seeking their information. Regarding the water component, Commissioner Carbone asked if Chief Lewis was talking about water storage tanks. Chief Lewis said yes. The primary water companies in the valley were private and had their own water storage tanks so when ISO came in they evaluated those tanks, their capacity, locations, and what areas they served.

Commissioner Catbone

asked if it included the water tanks the County was putting in at the Fire Marshal’s request. Chief Lewis said no. However, they did include those in their fire pre-plans as far as location and storage capacities, but access and maintenance of those tanks had been an ongoing problem.

Commissioner Cox

questioned requiring people to have private storage tanks but not requiring them to maintain them. March 17, 2015 13. Presentation of the 2014 Iso Protection Area for the Town of Pahrump-Cont’d. Darrell Lacy, Planning Director, said they had started including maintenance of water quality in the building permit process. Regarding testing, Commissioner Carbone asked if the fire hydrant testing was currently being done by Chief Lewis, UICN, and Desert and Hafen Utility. Chief Lewis said they would do the testing on their own and notify him of the results and would occasionally ask them to observe. Private property owners were responsible for testing the hydrants on their private property.

Commissioner Carbone

asked Chief Lewis if they were bringing multiple trucks to account for the amount of water needed for a fire since he mentioned water supply several times. Chief Lewis explained their equipment was designed to carry more water than most, so depending on the size of the fire that volume may not be needed.

Commissioner Schinhofen

asked if the requirement to maintain storage tanks could be added to CUPs. Mr. Lacy was not sure that was an appropriate place. As far as the building permit process for commercial structures they typically required testing of the hydrant in front of the property before they could get a certificate of occupancy. It could also be addressed under adoption of the 2012 Building Code.

Commissioner Schinhofen

said he would like an ordinance to make the three utility companies test their hydrants and report them on a regular basis.

Commissioner Carbone

wondered about the pressure drops in the outer areas of the valley. Chief Lewis advised it depended on how far out the area was. There were some older systems that may not have been laid out properly for growth potential and the absence of loops systems for redundancy have plagued them.

Mr. Lacy

asked for a map of where the ISO ratings applied. Chief Lewis said ISO had a map but they were asked by the utilities under Homeland Security not to demonstrate exactly where those lines were laid. He told Mr. Lacy he thought they could probably get together as a team and create that map. 14. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Youth Advisory Committee.

Commissioner Borasky

made a motion to appoint Dylan Metscher; seconded by

Commissioner Schinhofen

; 5 yeas. March 17, 2015 CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Wichman

asked for disclosures on items 15, 16 and 17.

Commissioner Cox

stated she would not vote on item 17 as it pertained to her.

Commissioner Borasky

asked that item 17 be pulled for discussion.

Commissioner Schinhofen

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

Commissioner Borasky

; 5 yeas. 15. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

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

Commissioner Borasky

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

Commissioner Schinhofen

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

Commissioner Borasky

; 5 yeas. 17. For Possible Action Approval of a post judgment agreement in US District Court, District of Nevada, Case No. 2:08-CV-01763-KJD-LRL, Citizens for Safe Community, et aL, v. Nye County, et al.

Commissioner Borasky

asked how much this lawsuit cost the Nye County taxpayers. Angela Bello said she was not aware. Pam Webster was not sure if the number could be determined as she did not know if records were kept in the District Attorney’s Office of how much time was spent on the prep work and trial. The only thing she could go by was the amount of the award.

Commissioner Carbone

made a motion to approve the post-judgment agreement; seconded by Commissioner Schinhofen; 3 yeas. Commissioner Borasky voted no and

Commissioner Cox

abstained. Richard Goldstein commended both Commissioner Cox and the District Attorney for finally taking care of this. Match 17, 2015 BOARD OF COMMISSIONERS 18. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters.

Commissioner Wichman

removed this item from the agenda. 19. 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

Commissioner Wichman

removed this item from the agenda. 20. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Wichman

removed this item from the agenda. DISTRICT ATTORNEY 21. For Possible Action Discussion and deliberation regarding an Amendment No. I to the Contract with the Department of Health and Human Services, Division of Welfare and Supportive Services for funding of child support enforcement activities for FY 16-17.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Cox

said this grant came with a whole lot of strings attached to it and wondered why three more people were needed in the child support division when there were already six. Angela Bello clarified this was not for three additional employees. It just extended the contract already in place and increased the budget. She added her office was required by law to provide certain child support services and if they said no to the grant they would have to absorb the cost.

Commissioner Borasky

wondered why the medical indigent fund was operating at a deficit only six months into the budget this year. Mrs. Webster explained the 50/50 match program had always plagued the County with difficulty especially in light of the fact that the criteria for the amount the counties had to bear on the match was adjusted three years ago as part of the State’s unfunded mandates. There was also a problem with the beginning fund balance which was being corrected.

Commissioner Borasky

asked about the annual earthwork engineering at the Pahrump landfill. It was his understanding that John Shay’s operation had an engineer and he wondered why the County had to pay someone else to come in and do it. Mrs. Webster thought it was part of their contract. Dave Fanning added the County also had an engineer overseeing it.

Commissioner Borasky

asked for the status of the superpave on Blagg Road to Red Rock on Calvada. Mr. Fanning advised that they planned to get back to that as soon as Manse Road was finished. Regarding the SES change order 12 on page 7, Mr. Fanning explained that was oversight work which involved them going in and doing topographic surveys. That information was then put into a spreadsheet to calculate totals of how much material was moved, where they have addressed it in certain cells, etc., and that became a pay quantity. He said this was the first time it had been in use since he had been director. There had never been any true oversight in the past and he had been trying to do this to ensure people were paid properly. At Commissioner Carbone’s request, Vance Payne, Emergency Services Director, explained the pictures in the back-up regarding the dedication of a new ambulance station in Beatty, which was the end of a seven year project primarily funded by the DOE through the Emergency Preparedness Working Group Grant system.

Commissioner Schinhofen

asked if part of this was from the funds of low level waste for Area 5. Mr. Payne said yes. March 17, 2015 FINANCE 29. For Possible Action Discussion and deliberation regarding Bid No. 2014-12 Self Contained Breathing Apparatus/SCBA Cascade CompressorlFill Station System. The amount of the lowest responsible, responsive bid is $633,966.00. Ninety five percent of the purchase has been budgeted from Fund 10340 Grants — and five percent from 10402— Special Capital Projects, Project No. n15026. Vance Payne explained these air packs were funded 95% from the firefighter grant funding through the feds and would be used all over the County. He showed the Board one of the old packs and pointed out how costly the testing and maintenance of them were and that the cylinders were reaching their life span this year. The packs could be maintained just by replacing the cylinder, but the County’s 5% portion of the grant was about $30,000.00 and to replace the cylinders was $140,000.00, which did not include the annual testing which exceeded $4,500.00 a year. He stated the County would not spend any money on the new packs for about five years.

Commissioner Schinhofen

made a motion to award the bid to the lowest responsible and responsive bidder, Weidner Fire of Midvale, Utah. The 5% match was identified to come out of special caps, Project No. ni 5026, and special caps was 10402; seconded by Commissioner Borasky.

Commissioner Cox

asked what would happen to the old ones. Mr. Payne said he had already started having discussions with a couple of vendors. Once they were all collected he was going to request from the Board to have an auction as there were companies that would buy them for industrial use and he hoped to come close to the $30,000.00 match.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen. March 17, 2015 27. For Possible Action Discussion and deliberation to approve a Memorandum of Understanding (MOU) with Nevada Rural Housing Authority CNRHA) in pursuit of development opportunities to meet the growing housing and community needs of the citizens of Tonopah.-Cont’d.

Commissioner Carbone

asked about the contract for this. Mrs. Webster said there was a lot of planning that had to go into the process first. She did not know about the timing specifically but guessed it would be several months.

Commissioner Carbone

said he did not understand an MOU for this kind of project and would rather see a contract. He was also concerned about the length of time.

Mrs. Webster

stated it just established the working relationship.

Commissioner Wichman

said she understood that the NRHA requited some sort of a commitment before they would expend funds on a State contract.

Commissioner Cox

stated it appeared to her that it was a public/private partnership with the County and an individual company. She did not want to support an MOU or a private/public partnership.

Commissioner Wichman

pointed out it was not private. It was the State and the County.

Commissioner Cox

added she would also rather see a contract. Dwight Lilly pointed out there was no back-up material at all on this item and it said community needs and growing housing. He asked if that included hospitals and clinics, what the community need was, and what the bottom line cost to the taxpayers of Nye County was.

Commissioner Carbone

advised Mr. Lilly the back-up was not posted until yesterday.

Mr. Lilly

requested there be back-up material on an agenda item if it was going to cost the taxpayers anything.

Commissioner Wichman

read from the back-up that this MOU memorialized the relationship between NRHA and Nye County as NRHA moved forward with the housing and community development needs on behalf of Nye County, specifically in the Town of Tonopah. A timeline with specific deliverables, including requirements for the production of various reports and community meetings, was included in the document. Staff recommended approval of the MOU with NRHA in pursuit of development opportunities to meet the growing housing and community needs of the citizens of Tonopah.

Commissioner Carbone

stated the County was not putting out any money other than the property. March 17, 2015 27. For Possible Action Discussion and deliberation to approve a Memorandum of Understanding (MOU) with Nevada Rural Housing Authority (NRHA) in pursuit of development opportunities to meet the growing housing and community needs of the citizens of Tonopah.-Cont’d.

Mrs. Webster

stated there was no financial agreement at all in this document and it was not binding except to establish a relationship. Angela Bello stated that was also her understanding and if it changed she would be happy to bring it back. Part of why it was previously taken off and had to come back was to clarify the provision dealing with costs and the County would not bear any of those costs.

Commissioner Schinhofen

made a motion to approve based on staff recommendation; seconded by Commissioner Cox. Richard Goldstein said he and his wife had reviewed the letter along with the letter sent at the end of 2013 and noticed they were almost word for word. He wondered how many more years the County was going to go through this.

Commissioner Schinhofen

believed since 2007 when the County took the downturn and lost $9 million they had tried every year to cut and this year they made some big cuts. He thought with the last cuts the County took some good steps to get a handle on it and he commended staff for what they had to work with.

Commissioner Schinhofen

made a motion to approve and the savings credited to the stabilization fund; seconded by Commissioner Borasky.

Commissioner Cox

noted this was being done because some people were retiring and the County was not adding more staff.

Commissioner Schinhofen

made a motion to fill the position with the savings credited to the stabilization fund; seconded by Commissioner Carbone; 5 yeas. PLANNING/BUILDING 34. For possible action FM-14-0001: Discussion and deliberation on a request for approval of an Amended Final Map of Desert Trails Unit No. 1, to combine lots 13 and 14 of Block 21 to create one lot containing 37,539 square feet, located at 520 and 511 W. Tomahawk Court, zoned Specific Plan tSP). TerryW. Smith and Eunice C. Smith Property Owners/Applicants. Diamondback Land Surveying Agent. AP#’s 043-163-13 & 043-163-14. Darrell Lacy, Planning Director, explained this was just combining two lots and required a reversionary map.

Commissioner Schinhofen

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

Commissioner Carbone

asked for an agenda item on the next meeting to address the issues with the Eagle RV Park. It had already been voted on but the way the motion was made had caused issues. Angela Bello did not think there would be a legal issue doing that but she would let him know when she saw it on the agenda. Sam Merlino informed the Commissioners of Assembly Bill 320, which proposed to make all County offices non-partisan.

Commissioner Wichman

adjourned the meeting. APPROVED this ATTEST: Of ,2015. hal Ny County Clerk I Deputy