June 2, 2015

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. June 2, 2015 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

advised the flyover would not materialize for the 4I of July parade because the federal government did not allow their planes to do that anymore. He would look at an alternative like ultra-lights. People should contact the chamber for more information about the parade.

Commissioner Wichman

explained item 8 was pulled from the agenda because the person receiving the presentation was not available until next month. It would be back on July 7, 2015.

Commissioner Schinhofen

asked staff to move forward with an agenda item to limit the amount of time a private utility could delay getting their engineering in so the County could get work done. He had also been working on a process for the disposal of medical marijuana waste and would like that to be brought forward by the July meeting.

Commissioner Borasky

asked if the Calvada project around the Eye would be completed by July 3, 2015. He noted he did not see much activity up there, just a lot of people standing around, and wondered if the County was overseeing it.

Commissioner Schinhofen

said he was assured it would be done.

Commissioner Carbone

asked about the items from the Veterans Advisory Committee. Pam Webster said she expected them to be on the next Pahrump meeting agenda. Angela Bello advised she would have an item regarding the hospital district ordinance in the future and wanted to correct some statements made during the public meeting on Friday. She had stated that Nye County owned the building that the hospital was housed in and the land upon which it sat, but not the equipment within the hospital. That statement was disagreed with so she met with the attorney that represented Nye County in the bankruptcy proceeding and verified that Nye County only owned the building and the land upon which it sat, not the equipment. Also, after the break there was a statement that the former District Attorney had been contacted and thereafter there was a suggestion that Nye County assumed the creditors. Ms. Bello said that was incorrect. The County did not legally assume the liabilities of any of the creditors and if the hospital should fail today the County would only be out the loan. June 2,2015 TIMED ITEMS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners.

Commissioner Borasky

referred to were Wulfenstein’s workers and it would be done before July 4, 2015. He pointed out this was a contracted job and not something he could manage, but he would mention it to them.

Commissioner Schinhofen

asked about the status of engineer drawings from the utility for Hacienda. Mr. Fanning said they received a final mylar on Friday. The only thing he saw that UICN changed was there was now a sewer line in the mylar that was not on the plans previously approved. He was asking now to identify why that sewer line was called out. Once that mylar was final and signed they would go to bid.

Commissioner Schinhofen

noted this started back in November which was why he wanted something that said they could not wait that long. Regarding the Calvada Eye, a citizen who was part of the Audubon Society worried about the hawk that resided there. Commissioner Schinhofen said there was a cottonwood tree with a higher branch and that was the hawk’s nest. Great care was taken in trimming around it and not disturbing it.

Commissioner Wichman

asked about the Manhattan road job. Mr. Fanning said they were going through final phase. There had been numerous setbacks, including a situation with a house called the Donald House. Jim Shaner and BLM had found some old pictures from 1905/1907 and the original plan showed a drainage ditch with bridges for access. That was kind of what was being engineered and looked at for that north side of Manhattan. Mr. Fanning said they were working with SHPO now for the aesthetic side of things and by August or September they should be releasing a bid to start the project.

Commissioner Cox

asked for an update on Lorelei Street. Mr. Fanning advised Tim Carlo had sent her information last week and directed her to Planning to start the process for the property owner to grant a right-of-way. June 2,2015 Richard Goldstein asked what was being done on Pahrump Valley Boulevard and Honeysuckle as well as Basin and Linda.

Mr. Fanning

explained they were trying to take care of the worst alligator patches on Pahrump Valley Boulevard and in the future would come back to the Board to address Pahrump Valley Boulevard until they got enough funding together. On Basin and Linda and Basin and Leslie, Mr. Fanning said now that they were done with preparation on Calvada they were focused in on moving toward that next area once they cleaned up Pahrump Valley Boulevard.

Commissioner Carbone

expressed his appreciation for the items added to the report regarding repairs on roads. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Reopened.

Commissioner Borasky

reminded the Board that Terrible’s Roadhouse in Pahrump had an agenda item a while back for fireworks and had to pull it. They now requested to have it on the 13th, which would mean a teleconference. He asked staff to put that back on the agenda for approval prior to that date. Pam Webster pointed out the issue in doing that teleconference was that the requestor had not contacted the fire department or the Sheriff’s Office to schedule or review their plan and until that happened the Board could not approve it. She stated attempts had been made to contact them.

Commissioner Wichman

said she made a mistake during the budget approval process so the Pahrump portion of the approval would be brought back to ratify the decision made. She should not have recessed from the Board of County Commissioners to the town board and back. June 2, 2015 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP

Commissioner Borasky

made a motion to approve the two members listed, Charlene Tillett and Lynn Peterson; seconded by Commissioner Carbone; 5 yeas.

Commissioner Borasky

explained the board itself had put forward an agenda item to disband.

Commissioner Borasky

made a motion to approve disbanding the Pahrump Events Advisory Committee; seconded by Commissioner Carbone; 5 yeas. 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.

Commissioner Schinhofen

made a motion to approve items approve 12 and 14-16; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

made a motion to approve items approve 12 and 14-16; seconded by Commissioner Borasky; 5 yeas. June 2,2015

Commissioner Schinhofen

made a motion to approve items approve 12 and 14-16; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

made a motion to approve items approve 12 and 14-16; seconded by Commissioner Borasky; 5 yeas. 13. For Possible Action Approval to apply for the State of Nevada Emergency Response Commission, Hazardous Material Emergency Preparedness (HMEP) mid-cycle grant. The Nye County Local Emergency Planning Committee (LEPC) will be responsible for applying for and managing this grant. The total grant request shall not exceed $8,800.00, and there is no match required. This grant shall be administered through Fund 10340 Grants. Vance Payne, Emergency Services Director, advised the original grant request they put in included a pretty high dollar projector for the Emergency Operations Center in Pahrump. After it was approved they did further research and found it did not have to be quite so pricey so what was before the Board was actually $5,993.00 total.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

said this was something she brought to the Board every year simply for approval of the credentials.

Commissioner Schinhofen

made a motion to approve Lorinda Wichman; seconded by

Commissioner Carbone

asked who the back-up was.

Commissioner Wichman

said it was $500.00 to register for the conference, but all of the Commissioners were members.

Commissioner Schinhofen

added that the only time there would be a need for an alternate was if someone was actually going to the meeting.

Commissioner Borasky

made a motion to appoint Commissioner Carbone; seconded by

Commissioner Schinhofen

asked if the policy was ever figured out on this, if it would come to the Board as to who initiated this and all of that. Pam Webster said the ordinance was in place.

Commissioner Schinhofen

said he was concerned that Commissioner Carbone had quite a few liaison positions. Angela Bello advised that Nye County Code 2.84.070(d) stated except for the written findings and recommendations described herein members of the panel of the review board shall not publish, discuss or otherwise disclose information relating to a peace officer or the proceedings before the panel. The liaison would not be a part of the panel, just an observer, so he would not technically be subject to that, but Ms. Bello asked that they be aware of that provision and sign a document acknowledging that they could not discuss it and it was confidential. June 2,2015 21. For Possible Action Discussion and deliberation to appoint a Commissioner Liaison I Representative to the Nve County Peace Officer Advisory Review Board.-Cont’d.

Commissioner Carbone

said he would be glad to sign a non-disclosure.

Sheriff Wehrly

pointed out he would have to sign a non-disclosure to be on any kind of a board that discussed this kind of information and all members on this board would sign it as well.

Commissioner Schinhofen

said he was told the Public Administrator bill passed along with the financial one. Robin Dorand-Rudolf, Public Administrator, advised that since the report was issued there had been six more cases closed. This last quarter there were 19 “no cases,” which meant her office went and investigated but did not have anything to pursue. She described the recent changes in her office, such as rescinding the appointments of prior Deputy Public Administrators that were not appointed by her. She has three deputies now, one who covered the BeaffylTonopah area, two who did first calls only, and a fourth that she appointed because of the rule that she must have a second signer on bank accounts. She also funded their payroll herself and figured by doing it that way they did what she told them to do the way she wanted it done and at the end of the day the responsibility was hers. There was discussion regarding the Public Administrator’s need for more storage space. Mrs. Dorand-Rudolf said it would be nice to have some space in the Beafty area, possibly in the Sheriffs Office. Joni Eastley, Assistant County Manager, thought the Beatty GID was in the old Sheriff’s Office in Beafty, but there were cells in there still.

Sheriff Wehrly

believed the cells were still in there as well as the vault. There was room in the new Sheriffs Office area in Beafty and she believed they could put another container there. June 2, 2015 SHERIFF

Commissioner Schinhofen

noted all the paperwork was in order.

Commissioner Schinhofen

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

Commissioner Schinhofen

noted all paperwork was in order.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. COUNTY MANAGER

Commissioner Schinhofen

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

Mrs. Eastley

said she was excited about the opportunities to increase the use at the Tonopah airport. It had 3,800 acres of land, a 7,000 foot runway, and completely uncongested air space. There were a lot of uses for that site and Mrs. Easley and Mr. Payne were trying to reach out and explore quite a few of them. She said other things would be coming before the Board in the future.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. HIR AND RISK MANAGEMENT

Commissioner Wichman

noted that at the last meeting the Board made a rule that the positions had to stay open 90 days, the savings in that 90-day period had to cover the accruals, and justification of the position was required. The problem she had with this was if an exception was made in the Sheriff’s Office then every other department should have that exception as well.

Sheriff Wehrly

explained this was negotiated between her and the County Manager and everything that could be put back into the stabilization fund was put back as well as paying for the $972,000.00. She said the rates could not get any lower than what she negotiated for the officer slots and she desperately needed to fill two positions in Tonopah and two in Pahrump.

Commissioner Carbone

made a motion to approve items 27-30 as requested; seconded by Commissioner Borasky.

Commissioner Cox

commented on the considerable savings on the positions. It was Pam Webster’s proposal to review the Sheriff’s reorganization when she brought it back and approve it in total, then make a determination on any future vacancies and her compliance with the budgetary restrictions on new hires. Mrs. Webster said she June 2, 2015 27. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Sheriff position in the Sheriff’s Office.-Cont’d. 28. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Sheriff position in the Sheriff’s Office.-Cont’d. 29. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Sheriff position in the Sheriff’s Offlce.-Cont’d. 30. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Sheriff position in the Sheriff’s Offlce.-Cont’d. was not asking for relief from the rule, just to discuss the pieces that accomplished the $976,000.00 plus the future reorganization the Sheriff would do.

Commissioner Schinhofen

pointed out that in the past positions were approved and not filled, but other positions were created. He wanted everyone to be aware the Board was approving four deputy sheriffs and was giving the money, but that money could be used anywhere in any way. While he appreciated the Sheriff’s reorganization, he did not agree with some of it. $800,000.00 of the savings was to close the jail in Tonopah and now everything was moved and there were more deputies. He was in favor of more deputies, but he did not like the way this was going.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky. Angela Bello said there used to be twelve cell phones provided that were not mentioned in the contract. Milan Dimic, IT Director, advised they had never been able to locate those cell phones. The previous IT Director worked with Comm net to try to find them and Mr. Dimic thought they may have found one.

Commissioner Cox

thought an investigation needed to be opened regarding the cell phones. June 2,2015

Mr. Balaouras

indicated he would not be doing that and had not had any correspondence from them saying he had to do that to move forward with that license.

Commissioner Wichman

said she would provide Mr. Lacy with a list of her suggestions.

Commissioner Schinhofen

asked if the County got 20% of the Charles Abbott fees. Mr. Lacy explained it was a staggered fee based on how much they billed on a monthly period, but that was a good average. It was Commissioner Wichman’s opinion that if there was cost recovery that could be done to please do it, but it had to truly be a cost recovery, not a fluffing up of fees to bring money in.

Commissioner Schinhofen

said he understood these lights were put in because NDOT said they had to be put in. Dave Fanning said yes and they were put in when the original mall was there.

Commissioner Schinhofen

thought NDOT should run them. He asked how many lights were there and what it would cost to change the bulbs and maintain them.

Mr. Fanning

said there were six lights. There was currently a contract of $14,000.00 for the traffic signals and since they were close to the traffic signals the County would have to pick those up under the traffic signal cost. He said they would have to look at maybe putting $800.00 to $1,000.00 more on that contract.

Commissioner Schinhofen

reiterated his thought that NDOT should pay for them. He also thought that the shopping center was well lit without them.

Mr. Fanning

explained that when the property changed hands it was learned the cost was not being charged back to the renters. Columbus Pacific Properties, the current owner, said they did, but VEA could only generate a $162.00 bill from 2010, so they cut off the power because they did not want to tack it on to someone’s rent.

Commissioner Cox

wondered if there was a development agreement or something requiring it and therefore they should pay for it.

Mr. Fanning

stated there was an agreement with Drummer Boy Holdings to develop the strip mall in the 1 990s, but there was none transferring to the new owners and that would be something still sitting in the NDOT right-of-way. Mr. Fanning said they would have to talk with NDOT about enforcement back to the owner.

Commissioner Carbone

asked if the County could take any legal action on this. June 2,2015 36. For Possible Action Discussion and deliberation for the County to assume the financial responsibility of Valley Electric Association (VEA) account 172002- 007 associated with the electrical service for six (6) street lights on SR 160 adjacent to the Pahrump Valley Junction shopping mall.-Cont’d. Angela Bello stated she had not looked into it and would have to investigate.

Commissioner Cox

noted there had been many wrecks down there. It was a dark area and a well used corner. She thought the lighting would help a great deal and would give the County a little mote persona in the area, although she did not want to pay the bill and did not think it was the County’s responsibility. She asked if the cost was about the same per light as what the County paid to put lights on corners in other areas of the County.

Mr. Fanning

said yes and the cost of this could be absorbed, but it would drive up the maintenance value from changing light bulbs to determining the strength of the pole structure, which could become a major liability.

Commissioner Borasky

made a motion to deny; seconded by Commissioner Schinhofen.

Commissioner Carbone

asked to have a meeting set up with the highest person they could get to in NDOT to get a discussion on this.

Commissioner Schinhofen

advised that Mike Cottingim, the town manager, asked to have the item pul’ed.

Commissioner Carbone

added Mr. Seftlemeyer had not produced any documentation. June 2,2015

Mr. Bosta

asked the Board to have this item on the next agenda and keep it there. Trevor Dolby said he and Mr. Bosta were present because they expected the Board to hold Mr. Settlemeyer’s feet to the fire in presenting the information he was instructed to bring back at the April meeting. Lorina Dellinger advised she was in contact with the town administrator and he also had something to present to the Commissioners, not only what Mr. Settlemeyer was requested to provide. Since Mr. Cottingim was not available he asked that the item be pulled. He did not give any indication when he wanted it back on the agenda, but Mrs. Dellinger was planning on rescheduling the item for June 16, 2015. Richard Goldstein said he was told Commissioner Cox made a comment at the end of the missing telephone discussion and he was highly offended if she said what he was told she said. Commissioner Cox denied making that comment. John Koenig discussed Granicus and the question of the agenda and back-up on Granicus. He said there were sections for the meeting center and the public meeting videos, both of which had tabs to click to get to the agenda and went to different places. One place contained a text file and the other a .pdf file and quite often they were different. Mr. Koenig did not understand the need for two different files for the agenda and back-up and believed there was a possible violation if things were not correct. He said when he went to the meeting center he got the agenda with back-up, but when he went to the video he got an agenda with no back-up. He wondered where the public was supposed to go.

Commissioner Wichman

shared information from the Nevada Arts Newsletter for the Spring Edition of 2015. There were 365,000 students across the nation participating in the tenth year of the Poetry Out Loud Program and a senior from the Beaffy High School placed in the top sixteen. June 2, 2015