April 7, 2015

Mrs. Metscher

presented a petition from Tonopah, Beatty and Amargosa regarding funding the program and read the petition into the record. The petition from concerned citizens of Nye County, Nevada petitioned the Nye County Board of Comm issioners to reconsider the cut to the Senior Nutrition Programs. Mrs. Metscher stated they gathered 639 signatures in a little over a week and a half. She believed the petition showed just how passionate the citizens in the northern part of the county were for the center to stay open. As she was circulating the petition she found out that the northern end of the County provided a bigger tax base than the southern half and the residen ts of the county would like to have a say on how the budget is spent including the recent budget cuts. She felt the budget cuts would affect the positive growth in the northe rn Nye County communities and the subsidy should be mandated by their hearts and convictions. Mrs. Metscher invited the Commissioners and everyone else to the Tonopah Senior Center for their Easter lunch. Joseph Sidman, Tonopah resident, stated he was concerned about the recent actions the Board had taken to balance the budget at expenses of public health, safety, and welfare of the residents of the northern end of the county. It started when they made the decision to cut dispatch in Tonopah and made the primary location in Pahrum p and the backup in Beatty resulting in slow response times. He stated this showe d a blatant disregard for the citizens of northern Nye County. Almost a year later they plan to balance the budget by closing or reducing the Tonopah Jail because the county hasn’t been able to control or curb its spending in any way, shape or form and the only way to balance the county budget was to make further cuts in services, mainly public safety, to the northern part of the county. He asked why there didn’t appear to be anything to consider for reduction in the southern portion of the county. He stated there was never a discussion to eliminate a duplication of services or to combine departments. He asked how they could justify closing the Tonopah Jail when the Public Works directo r was so highly paid and he also mentioned the cost of the duck pond. Mr. Sidman stated the Board’s priorities were seriously skewed and the question was how they were going to fix it. It was up to them how to best service their constituents and protect the health, safety and welfare of the citizens. The reduction of law enforcement April 7, 2015 in the northern portion of the county was the worst decision they could have made. He implored them to have an agenda item to continue this discussion with their constit uents in the northern end of the county on how they plan to maintain the public safety. Horace Carlyle, Tonopah Town Board, thanked Commissioner Wichman for attending the Tonopah Town Board meeting on Match 25 and holding an open discus sion/debate. She made a point, they have problems and now thei needed to know how they could work together to come up with solutions. On April is the Tonopah Town Board held a budget workshop and they think they can afford to support $60,000 for Senior Nutrition. One thing James Eason, Town Manager, did was hold a subsequent meeting to look at this. The town can’t permanently support Senior Nutrition but can make a gesture so they can restructure and see how they can raise funds. Mr. Carlyle stated he really didn’t want to do this, but he can’t ignore the people in need. Thanks to the town staff they do have a small surplus. He was critical of county management for not makin g cuts 5 years ago. He added that they should talk as a group and work together if they are going to have a community or they are going to have a government. Dwight Lilly, Pahrump resident, stated he mirrored the comments of his fellow citizens in the north. He had been harping on the fiscal mismanagement for years. He has written letters to the editor, written notes, and talked to individual commissioners to no avail. He read a public petition into the record petitioning the Board to establish a citizen ’s financial oversight committee to advise the commissioners, impose budget adjustments and take other steps necessary to enforce strict fiscal management and spendi ng practices. The petition included statements that 70% of the county tax revenu e has gone to pay wages and benefits to county employees, that the long term fiscal mismanagement has caused chaos within county department budgets and a loss of services. Richard Goldstein, Pahrump resident, also commented on the finances of the County. He stated the south was being targeted as well as the north. This was a proble m that had been going on for five years. He stated if they kept this up the State would come in and take over the county finances. The commissioners have the fiduciary respon sibility for the money in Nye County. They have twelve employees who make over $100,000. There was no reason to make over $100,000 in a county this size. They needed to go over the salaries of all the employees in the county and not just cut everyb ody by 10%. Three of them were up for re-election in 2016 and this was going to come back to bight them in the fannies. Amy Nelson, Pahrump resident, commented on the budget. She suggested merging some of the offices. April 7,2015 2. Approval of the Agenda for April 7, 2015.

Mrs. Webster

stated to remove items 6, 22, and 28 and they would have closed session for litigation. They could also remove items 19, 20 and 21, closed session for labor negotiations. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Cox

thanked them for the light on Blagg and 372 as she uses that route a lot. Also she thanked them for filling the potholes and their attention to the lights on 160 and Albertsons. She thought the lights were on state highway property if that was any help. Mr. Fanning stated they were within the NDOT right of way and the developer is usually asked to improve to state standards and to keep it up but they haven’t, so it was a good reason to turn it over to Nye County.

Commissioner Wichman

stated the funding does not come out of the general fund.

Commissioner Wichman

stated she turned some letters over to Mr. Fanning from the residents up at Railroad Valley and Currant Creek area and asked him to get back to her on how he responds to them on the progress in that area. Mr. Fanning said he would get it to everyone on this list. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 9. 10:00 Presentation of certificate and/or plagues to two (2) employees honored for their years of service. Service plaques were presented to Elizabeth Westerlund and Betty Gaye Blazek for their years of service. April 7, 2015 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners, Licens ing and Liquor Board and as the Governing Body of Unincorporated Towns of Beaftv, Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley meeting on March 3, 2015.

Commissioner Schinhofen

made a motion to approve; seconded by Commissione r Borasky. Commissioner Wichman stated Cottingim was spelled incorrectly on Page 16, March 3td minutes. The motion and second were amended to include the correction; 5 yeas. 5. Announcements (first)

Commissioner Cox

stated there was a Public Lands meeting scheduled that night at 6:00 p.m. at the Bob Ruud Community Center. At 7:00 p.m. there was going to be a party put on by the Republican Central Committee for Rand Paul for President at JD’s Bar on Blagg.

Commissioner Borasky

reminded everyone of the 4th of July parade in Pahrump. They were still looking for a flyover. The parade starts at 9:00 am. at the Calvada Eye. 6. For Possible Action - Emergency Items Removed from the agenda. 7. Commissioner&/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Borasky

stated he would like an item on the agenda to rename Blosse r Park after Butch Harper under the Town of Pahrump and also agenda item for town advisory committees under the Town of Pahrump. He would like to make some change s on the ones he has.

Commissioner Schinhofen

stated he would like to put an item on the next agenda to look at fees for parks. He also stated he and Commissioner Carbone were in Carson City to testify on AB 280 that would allow municipalities to opt out of collective bargaining once the contracts come up for renewal. It would give them the opportunity to cut some of those salaries and give them more flexibility to balance their budget. He wished he could have been in Tonopah to speak with the folks there. April 7, 2015 TIMED ITEMS 8. 10:00 Sifting as the Nye County Licensing and Liquor Board For Possible Action Discussion and deliberation to: 1) determine whether the liquor license at Carmelo’s Bistro Pizza-Fine Pasta at 1140 E. Hwy 372, Pahrump, Nevada that was suspended on March 18, 2015 pursuant to NCC 5.04.280(A) should be rescinded; or 2) determine whether the suspension shall continue and remain in effect and issue and cause to be served an order to show cause with required notice and hearing to be initiated as soon as possible, on the licensee, Leonardo Blundo, relative to the maintenance of such license suspension andlor revocation.

Commissioner Borasky

stated he spoke with Mr. Browning that morning and he believed the things that caused the suspension were now in compliance. Leo Blundo, Applicant, stated all items had been rectified. Bill Browning stated Building and Safety did an inspection and the applicant has met the requirements. He still did not have the Certificate of Occupancy or reinstatement of the town business license and he still needed fire inspections. Mr. Blundo stated he had a business license and it was just a matter of the Fire Department coming out and re inspecting the premises.

Mr. Browning

read a letter from the Town of Pahrump from April 2 that stated Mr. Blundo’s business license was suspended. Until they heard from Mr. Browning they would not reinstate the license.

Mr. Blundo

stated as soon as Mr. Browning completed his inspection this morning his license went back into effect. All items had been rectified according to code and the Fire Department was welcome to come in and inspect as soon as they would like to.

Commissioner Schinhofen

asked the District Attorney who had the authority to rescind the liquor license. Ms. Bello stated the Sheriffs Office could do an emergency suspension but they were before the Board to decide to continue the suspension or rescind it. If they continued the suspension the District Attorney’s Office would issue an order to show cause to determine permanent revocation. Commissioner Schinhofen asked if there was a time limit to hear the mailer. Ms. Bello stated they had from the time the Sheriff issued the order until the next meeting after the suspension which was today.

Commissioner Schinhofen

made a motion to rescind the suspension conditional upon a Certificate of Occupancy, the Fire Department doing their inspection and if there is a question of the town business license suspension it should be cleared up; seconded by

Commissioner Carbone

; 6 yeas. April 7, 2015 10. 10:30 - Update on Solar Reserve project. Rob Howe, Project Director with Solar Reserve, gave an update on the Solar Reserve Project. He stated they were in commissioning right now and expected to be finished and start commercial operations in June. They were testing running salt throug h the receiver and putting into the hot tank. Then they take the salt and run it through a heat exchanger where it creates high quality steam. They haven’t yet produced electricity but expect it the first week in May and full production in June which would be 110 megawatts on the grid. He stated there were some delays associated with early engineering items which impacted the procurement of long lead items and during construction. They hired an EPC contractor out of Spain and they were not used to working in the U.S. He added that they were happy to be in Nye County and everyone had been very welcoming.

Commissioner Carbone

asked what the maximum power was that they could generate.

Mr. Howe

stated 110 megawatts would be the standard output and they would be producing that. They collect energy and will produce power any time day or night. Nevada Energy wants power from noon to 10:00 or 11:00 at night with less in the summer. They will produce 500 gigawatt hours per year and power 70,000 homes . The power will go from them, north.

Commissioner Cox

asked if the issue with the birds had been corrected. Mr. Howe explained how a halo was formed during testing and birds flew in. They have since fixed the halo and it is more like a pancake instead of a cylinder. They believe the incident that occurred in January won’t occur again. They have had biologists on site since then and think the issue is resolved though they still expect to get a lot of scrutin y.

Commissioner Wichman

thanked Mr. Howe for the update. 11. 10:45 For Possible Action Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to Round Mountain Gold Corporation for their 4th of July Annual Picnic to be held on July 4, 2015 at the Hadley Town Park in Round Mountain, Nevada.

Commissioner Wichman

opened the public hearing. Renee Guifarro, Round Mountain Gold, stated she was just present to invite all of the Commissioners out to celebrate the Fourth of July in Round Mountain.

Commissioner Borasky

made a motion to approve; seconded by Commissione r Schinhofen; 5 yeas. April 7, 2015 12. 11:00— Dispatch and Communication System Update

Commissioner Wichman

stated she understood the logic behind going to central ized communications but they were now sacrificing the health, safety, and welfare of their constituents throughout the county. She did not think it was reasonable to ask a dispatcher to know the ins and outs and idiosyncrasies of the whole county. Unless the report had something amazing, she would like to re-think the whole program. If they lose one life due to a dispatch error, it is one too many. Milan Dimic, IT, was present along with Natalie Arms from the Pahrump Sheriffs Office.

Mrs. Arms

stated she investigates all complaints. She stated dispatchers make errors and they are disciplined and it goes anywhere from counseling to remedial trainin g and then possible days off.

Commissioner Wichman

stated it was impossible for any one person to know all of the nuances in every community in order to provide service for those emergency calls. It was a lot to ask of a person.

Ms. Arms

gave a power-point presentation on the Consolidated Dispatch.

Mr. Dimic

gave a presentation on the Nye County 911 System infrastructure. The biggest challenge to the central dispatch was the address system.

Commissioner Wichman

stated there was one comparison they didn’t do and that was the volume of complaints prior the move and after the move and possibly the nature of the complaints. Ms. Arms stated she keeps those that are verified but she does not keep those where they are just complaining. Commissioner Wichman stated she was pretty sure she had those somewhere as they were public record.

Commissioner Schinhofen

stated the presentation was informative and he hoped it answered some questions.

Commissioner Cox

asked when someone calls from an area code outside Nye County are they able to accept those calls direct or do they go to Clark County. Ms. Arms stated it depended on the cell tower. They will get the closest 911 answering station .

Commissioner Cox

asked if someone from out of state with an emergency in Tonop ah would be able to call Tonopah. Ms. Arms stated they would. Commissioner Cox also asked if they could tell what address they were calling from. Ms. Arms stated they could if it was a land line but with a cell phone it depended on the company. Some have coordinates that are pretty close. Mr. Dimic stated a tip for anyone in a rural area if they keep the GPS on it will be easier to dispatch to their location. Commissioner Cox also asked if all Pahrump calls go through this system including fire and emergency. Ms. Arms stated they answer and dispatch for them. April 7, 2015 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEAT TY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP

Commissioner Schinhofen

stated this had been asked of him by a lot of non-profits.

Commissioner Schinhofen

made a motion to approve with the change that they have proof of exempt status as a non-profit organization and leave out the 501c3 design ation; seconded by Commissioner Carbone.

Commissioner Borasky

asked if anyone contacted Chief Lewis and he also asked who was responsible for cleaning it.

Mrs. Webster

clarified that would still have to put their security deposit down but wouldn’t be charged rent for the building.

Commissioner Cox

stated she had an issue with the amount they were charging others for the building. She would like to see the fees cut in half. This was the people’s building and they weren’t supposed to be making a profit. It should be just enough to covet the expenses. As far as the cleaning deposit, it is forfeited if they don’t clean it. They also have to forfeit the deposit if the Sheriff’s Office is called for the event and she thinks that should be removed. Commission Schinhofen clarified that this was just for non-profits right now.

Commissioner Schinhofen

amended his motion to remove the loss of deposit if the Sheriff is called out to the event; Commissioner Carbone amended his second; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Wichman

stated there was a lot of information in the backup. There was a hospital district already created and she would like to see it modified. There were April 7, 2015 23. For Possible Action Discussion, deliberation, and directi on to staff regarding the creation of a Northern Nye County Hospital Distric t. Cont’d — three scenarios for revenue generation. She stated Amargosa Valley was exempt from the district and it was her intention to exempt Beatty too. That would remove $61,000 revenue and put them at $807,000 a year generated by the tax. Also, she asked if the could do a tax override rather than removing funds from the distric t boundaries.

Commissioner Wichman

stated she would like to see a motion to re-write the ordinance to re-establish the boundaries and information on if and how they can do a tax override to go beyond their 3.67.

Commissioner Schinhofen

stated he was supportive of this be though t they should bring this back with a clear copy of what they were doing on the next agenda . Commission Wichman stated when looking at the hospital district, someone needed to talk to Esmeralda County. When they do the re-write of the ordina nce she would also like to know how those conversations went.

Commissioner Schinhofen

made a motion for staff to bring back the concerns raised by

Commissioner Wichman

and that they are clear if Esmeralda County can or is willing to join us; seconded by Commissioner Carbone. James Eason stated he was speaking as the Chairman of Prime Care. He had a couple of questions on the motions as presented. He has asked Wayne Allen, CEO, to attend to answer any financial questions or questions on the state of affairs of Nye Regional. Right now they have received the last gift of $125,000 from the County and their accounts payable were between 1.2 and 1.3 million. The goal comin g out of reorganization from the bankruptcy was to have the district in place by this year in order to consolidate their debt, pay back the county, other creditors and debt associated with the bankruptcy. He wasn’t sure if it was their intent to have this done this year or would it be delayed. Commissioner Wichman stated they plan to have at least a draft ordinance at the next meeting.

Mr. Eason

stated from the standpoint of Prime Care and its consol idation of debt and moving forward with any partners, would it be safe that in their plan it would be in their outline to the department of taxation to request that this rate be implem ented for the fiscal year 2016 tax bill. They have already missed the deadline. The request would have to go before the Department of Taxation that this district be put in under an emergency. Commissioner Wichman stated Mr. Eason could do that through his job as the Chairman as Prime Care. Mr. Eason stated his role for Nye County stopped December 22. Commissioner Wichman stated as a citizen concer ned about the hospital could he go before Terry Rubald to see if he could get it lined out. Mr. Eason stated he could do it. Mrs. Webster also stated she could do it. April 7, 2015 23. For Possible Action Discussion, deliberation, and direction to staff regarding the creation of a Northern Nye County Hospital District. Cont’d

Commissioner Wichman

just asked that they go on a fact finding mission. Mr. Eason clarified that county staff would handle that.

Mrs. Webster

stated there were some things before the Legislature now that could affect the taxing structure and could affect the hospital district.

Mr. Eason

explained that they had taken the last draw down of 2 million dollars. A half million went to attorney costs and 1.5 million went to operations. He reviewed the debt and the creditors in possession and stated they were not meeting payroll. Mr. Eason asked if it was an option to receive more funding or could they begin to work with county staff to go to the USDA to find short term financing. Doctors and vendors have not been paid and are supporting the hospital on good will. Mrs. Webster indicated there was nothing left in the health fund.

Commissioner Wichman

stated they had permission to look elsewhere. Mr. Eason stated as Prime care, they needed the County’s permission as the ultimate authority as the County owns the hospital. They are looking at other management companies to take over but the BOC has the ultimate authority now. Hopefully they will have a resolution in a shorter amount of time but they need a short term solution. Horace Carlyle, Tonopah Town Board, he wanted this on the record. They voted on March 25, 2015 to request Commissioner Wichman to sponsor this to the Commissioners. He was concerned about the untimely response to the documents they agreed to in the Federal Bankruptcy Court and the consequences not only to Tonopah, northern Nye County, but Nye County itself. He reviewed the purchase agreement, the settlement of bankruptcy and the joint plan of reorganization. He stated there was a clause in the settlement agreement that says if they violated it they were toast. There was no forgiveness there. Prime Care has no money.

Commissioner Wichman

stated they couldn’t change what has happened prior to now. She asked if they could go before the Bankruptcy Court to ask for additional time. Mr. Carlyle stated how they deal with this today is up to them.

Commissioner Borasky

made a motion to approve; seconded by Comm issioner Cox; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recomme nds 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 addr essed. Discussion of any item from the Consent Agenda Items that need s review before a decision is made. 16. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made motion to approve as part of the consen t agenda; seconded by Commissioner Borasky; 5 yeas. 17. For Possible Action Approval to apply for the Nevada Aging and Disability Services Division (ADSD) Social Services Competitive Grant for Fiscal Year 2016 to provide senior transportation services in Amargosa Valley, Beatty , Gabbs, Smoky Valley and Tonopah in Nye County. Grant amount requested approximately $127,325.00. This grant application also includes our Long Distance Medical Transportation Program providing non-emergenc y medical rides to the larger cities. Match in the amount of $22,472.00 is require d; however, this match will be covered through the NDOT Fuel Grant award, Logisticare reimbursements as well as County in-kind (including office spac e, etc.)

Commissioner Schinhofen

made motion to approve as part of the consent agenda; seconded by Commissioner Borasky; 5 yeas. 18. For Possible Action Approval to apply for FFY 2016 Federa l Transit Administration Section 5311 grant for operating expenses, specifi cally assistance with fuel costs and transportation dispatcher in the amount of $111,9 20.00. The matching funds will be approximately $58,480.00 and is in-kind funds from vehicle maintenance provided by the County, project income from the program and monies received from Division of Aging. No additional County Match Required.

Commissioner Schinhofen

made motion to approve as part of the consent agenda; seconded by Commissioner Borasky; 5 yeas. April 7, 2015 19. 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. Removed from the agenda. 20. 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. Removed from the agenda. 21. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. Removed from the agenda. 22. For Possible Action Discussion and deliberation to change the start time of the Board of County Commissioners meetings to 9:00 a.m. Removed from the agenda. SHERIFF

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone for discussion. April 7, 2015 26. For Possible Action Discussion and deliberation regarding a reques t to modify Dept 2 District Court Chambers located in Pahrump, NV. Cont’d —

Commissioner Carbone

stated both Judges were paying for this but both Judges hadn’t come to an agreement yet on how much each was going to pay. There hadn’t been an estimate for each of the person’s work.

Commissioner Borasky

withdrew his motion. Louise Mulvey, Judge Lane’s Secretary, stated they couldn’t move forward with any estimates or architecture drawings until they get approval for funding. Both judges were in agreement. Commissioner Carbone stated they needed representation for both judges in order to put the item on the agenda.

Mrs. Mulvey

stated the jury room for Department 2 only had room for 8 people and was an immediate concern and Judge Wanker wanted a venire room but it was not an immediate concern.

Commissioner Carbone

stated he understood both judge’s concerns and if Depart ment 1 had been included in this agenda item he wouldn’t have a problem with the motion. No action taken. FINANCE

Commissioner Borasky

made a motion to accept the response from SEC Environmental and to allow staff to enter into fee negotiations; seconded by Commissione r Schinhofen.

Commissioner Borasky

stated he hoped sometime in the future they could have someone from Nye County handle this and the money would go back into Nye County . The motion to approve passed with 5 yeas. HIR AND RISK MANAGEMENT

Commissioner Schinhofen

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

Commissioner Wichman

stated she thought they already took care of this.

Commissioner Borasky

stated they just couldn’t dictate to the towns that they take these over.

Commissioner Schinhofen

stated this had to be on the agenda as a town and for them to take action as a town. The motion they took a couple of days ago to go out for RFQ/RFP may have taken care of this. Dwight Lilly stated he knew they took action on this last week but wanted clarification. There were a lot of towns involved here and the motion implied the towns would be taking these over. They would be passing this financial responsibility onto the backs of tax payers of Pahrump. The town of Pahrump has had 3 tax increases and a $220,000 additional expense was unwarranted. He hated to think the future county problems would be put on the backs of the towns. Commissioner Wichman stated they had a process to go through and that would include discussions with the towns. She stated

Mr. Lilly

was tight, but just ahead of the game. 30. For Possible Action Discussion and deliberation to approve a letter of support regarding the Town of Amargosa Valley’s Lease of the Jack Ass Airpark from the BLM for the purpose of testing Unmanned Aircraft Systems.

Commissioner Carbone

made a motion to support the letter from Amargosa to BLM; seconded by Commissioner Schinhofen.

Commissioner Wichman

stated she hoped they would present a draft for staff to look over first.

Mr. Eason

introduced Wayne Allen as the new CEO of Prime Care.

Mr. Allen

stated there was a lot of work to do and there was a lot of promise. He appreciated the assistance at the county level and looked forwarded to meeting further with Pam Webster.

Mr. Eason

informed the Board they had just received the report on the survey on the hospital from the University of Nevada, Reno and would be briefed tomorrow. He would send the report out electronically to the Commissioners and those communities affected.

Mr. Allen

stated there would be a public forum on April 16th at the Convention Center.