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Public meetings / Board of County Commissioners

July 7, 2015

140 turns, 140 with a named speaker, under 15 agenda items. The words and the names are the county clerk's.

9. 10:00 Presentation of certificate andlor plagues to one (1) employee

Commissioner Borasky

was not present. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley meeting on June 2, 2015.

Commissioner Cox

stated on page 14 under item 36 the last paragraph should say Drummer Boy, not Derma Boy. Also, on page 16 under public comment Commissioner Cox said she wanted her denial of what Mr. Goldstein accused her of saying included.

Commissioner Schinhofen

made a motion to approve with corrections; seconded by

Commissioner Catbone

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Schinhofen

thanked everyone, particularly the VFW and Mike Smith from Valley Signs, who helped with the parade in Pahrump. Also, Mall Louis and his crew did a great job making the fireworks launch site happen. There had been two weekends of it and it was a huge success.

Commissioner Borasky

thanked all the volunteers who helped with the Independence Day parade and Commissioner Schinhofen for announcing. The first of next month they would start on next year’s Independence Day parade to look at any mistakes made and any corrections needed. He also thanked Commissioners Carbone and Schinholen for cleaning up around the Pahrump building.

Commissioner Wichman

noted this was the first time in 15 years she missed the Belmont 4th of July celebration and she would not be missing it next year. July 7, 2015 5. Announcements (first)-Cont’d. Pam Webster advised the application process for the Peace Officers Advisory Board was extended another month because there was a trickling of applica tions and they were hoping to get some mote. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announ cements or topics/issues proposed for future workshops/agendas)

Commissioner Schinhofen

said a few years ago Commissioner Borask y got someone to draw a design up for the entrance into the Calvada Eye to have histori c pieces of mining or farming. Commissioner Schinhofen asked people to donate but realize d the Board never approved it. He asked the Board to go through with that and assign staff. He asked who owned the sidewalks so they could clean it up as he had private companies that would help with that. Also, Commissioner Schinhofen thought on the next agenda it might be time, under the Town of Pahrump, to talk about bringing power to the fairgrounds. He pointed out there was some good money generated with the fireworks in the last two weeks and that would help with developing that property.

Commissioner Borasky

said personally he would say get the plans and the Board would approve it. He did have some of the plans but there was a $2,000 .00 travel fee for the person who drew them up and would do all the legwork that the Board rejected. He noted the whole meaning of it was to show off different towns in the County .

Commissioner Borasky

spoke of the never ending supply of animals infiltra ting the Pahrump area and said the Board needed to look at some codes and regulations to tighten them up because it was not good for the animals to get left out in the street and taken to shelters and/or euthanized. He thought everyone in the whole County loved animals but there was getting to be too many for the population. He had asked the Animal Advisory Committee to address it but they never did.

Commissioner Borasky

described the Clark County District Attorney’s discussion he heard on the radio about the very crowded jails in Clark County and they thought they should let out a lot of people who either should not be in there to begin with or were not bad criminals to lessen the strain on their jails. Commissioner Borask y really hoped the Sheriff and the District Attorney would get together to see what they were doing to see if something could be done in Pahrump.

Commissioner Borasky

then stated he no longer supported the Nye County Water Governing District Board and would not support any new members. It was sold to him as a freshman Commissioner many years ago and he had many hopes for it, but he had not seen it blossom and deal with the water issues. Commissioner Borasky would also July 7, 2015 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/aqendas)-Cont’d. bring forward a resolution or something himself dealing with the over-appropriation of water in Pahrump. He thought extreme measures needed to be taken like asking the State Engineer to take 30,000 acre feet back as well as asking the well owners to knock their 1,800 gallons a day back to 900. That would help bring the basin into some balance and Commissioner Schinhofen’s fear of a critical management area would go out the window. In the future if developers wanted to take some of the water rights they had and develop some property in Pahrump they would have to show it was not part of the over-appropriation. Commissioner Borasky also felt there were too many water rights not being proved for beneficial use.

Commissioner Carbone

said he agreed with the animal issues and had at one time called for a moratorium, but the Animal Advisory Committee did not support it. He then asked if the various meetings that were missed on Granicus would be back on-line soon. Lorina Dellinger advised Granicus was working on uploading all of the archived videos after a server crash and it was a top priority for them.

Commissioner Carbone

asked about Point & Pay for the planning community. Pam Webster said she should be able to get a contract on the next agenda.

Commissioner Carbone

said he would like an item on the agenda regarding the one-half percent sales tax. He had not heard anything for quite a while and wanted to know what could and could not be done with those funds. He also wanted an audit on the permits versus sales on the fireworks

Commissioner Schinhofen

said that would be discussed in the workshop and he would see about bringing it forward. Sam Merlino said she had put a nuisance complaint in front of the Commissioners from

Mr. Vessella

. He had filed a couple with Darrell Lacy already so she was not sure if this should go forward as a nuisance complaint or not, but she was treating it as that and was notifying the Board. There needed to be a public heating not less than 20 but no more than 30 days from the date of the complaint, so that would be August 4, 2015.

Mrs. Merlino

stated she would proceed that way unless the District Attorney told her otherwise. July 7, 2015 CONSENT AGENDA ITEMS These are items that Staff recommends for approv al. 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 Carbone

asked that item 18 be pulled for discussion.

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; second ed by Commissioner Borasky; 5 yeas.

16. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; second ed by Commissioner Borasky; 5 yeas.

17. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; second ed by Commissioner Borasky; 5 yeas.

19. For possible action Approval to accept Notice of Grant Award for the

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; second ed by Commissioner Borasky; 5 yeas.

20. For possible action Approval of the FFYI5 grant award from the State of

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; second ed by Commissioner Borasky; 5 yeas.

21. For possible action Approval of the Department of Energy (DOE) and State

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; second ed by Commissioner Borasky; 5 yeas. July 7, 2015

22. For possible action Approval to apply for the State of Nevada

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; seconded by Commissioner Borasky; 5 yeas.

23. For Possible Action Approval to: 1) accept the SFY 2016 Grant Award

Commissioner Schinhofen

made a motion to approve items 16, 17 and 19-23; seconded by Commissioner Borasky; 5 yeas. 18. For possible action Approval to accept a grant from the State of Nevada Community Development Block Grant (CDBG) program for Gabbs Swimming Pool Renovation. There is an in-kind match required which is comprised of volunteer labor and equipment provided by the Town of Gabbs.

Commissioner Carbone

pointed out that if Gabbs was looking at buying any equipment or any kind if material over their signature authority it would have to come back to the Board.

Commissioner Schinhofen

made a motion to approve; seconded by Comm issioner Borasky; 5 yeas. ASSESSOR

28. For Possible Action Discussion and deliberation to reco

Commissioner Schinhofen

made a motion to approve to beco me a cooperating agency; seconded by Commissioner Borasky.

Commissioner Carbone

asked if this was just support for Esm eralda.

Commissioner Wichman

explained it would affect Tonopah more than Esmeralda County. They would get the tax money and Tonopah would get the business. The County had been involved since the beginning. There had been regular meetings that

Assistant County Manager Eastley

sat in on. However, signing this MOU meant there was a clause that said certain things were proprietary and need ed to be held close to the vest until they were made public and Commissioner Wichman wanted to make sure everyone was aware of that.

Commissioner Carbone

assumed the Chair of the Board of Highway Commissione rs. 13. For Possible Action General road report by Public Works Director Dave Fanning, Director of Public Works, advised they were currently working on the Beatty Airport beacon project. On Calvada Boulevard they met the timeframe for the 4th of July parade, but still needed to do the curb return for the safe landing. Public Works would also stripe and install signage which was not in the contract as Public Works made the signs.

Commissioner Cox

pointed out potholes at 4630 W. McGraw, 2130 Calvada, and on the corner of Moose and Yucca Terrace.

Commissioner Borasky

asked if reflectors would be put on the islands Public Works installed at the Calvada Eye. Mr. Fanning said yes.

Commissioner Wichman

asked for an update on the Manhattan stretch of road. Mr. Fanning advised that as of a week ago they turned in the final application for right-o f- way. In a meeting a week and a half before that they discussed with the Tonopah BLM office that Nye County would need to apply for right-of-way for a drainage ditch leading to a mine shaft. It was also determined in the same conversation that upstream there was an existing runoff channel that had controlled that water for eons, but back in the early 1900s when the State had a state route going right through Manhattan that channel did not need to be applied for right-of-way. Mr. Fanning said it should take 30 days to get that approval and assured Commissioner Wichman they still had the grant.

Commissioner Wichman

asked where the 80 foot right-of-way requirement came from as she had heard from the funding source that there was no such requirement. Mr. Fanning said the first right-of-way request submitted in July, 2014, was for 80 feet and it came from both the County and N FLAP.

Commissioner Wichman

asked Mr. Fanning when he anticipated the project being done. Mr. Fanning advised the project would kick off in June, 2016, and in the interim they would address it where they needed to so the public had a decent and safe road.

Commissioner Carbone

noted Bell Vista was falling apart literally chunk by chunk and he was getting calls from people whose cars were being hit by the chunks. He pointed out that 172 was also getting beat up and asked what could be done since so many of the roads were falling apart.

Mr. Fanning

said they could do a PCI index. He stressed the need to start follow ing the County guidelines as a developer was going to have to pave half of Bell Vista. Some of the street requirements get waived and he understood why, but it took a toll on the County roads. He thought ADIs were needed and said they would take a look at it. July 7,2015 13. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Carbone

suggested pulling counters at Highway 160 and at the end as it left the area where the feed store was to see what was coming in and out of that road. Tim Carlo from Public Works advised the Basin and Leslie intersection would be done tomorrow and the Comstock and Upland skin patch would be done today providing the storms did not hit the area.

Commissioner Wichman

asked about the gravel in Sunnyside. Mr. Carlo said there were a couple of training classes that had to be done before they could do Sunny side, but they would get going on it this summer. Richard Goldstein brought the potholes on Donner Street between Linda and Wilson to

Mr. Fanning’s

attention, as well as the condition of Irene and Linda, Linda and Basin, and the flooding occurring on Honeysuckle and Pahrump Valley Boulevard. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. BROTHEL 14. For Possible Action Discussion and deliberation of existing Brothel Licens e renewals for 201512016.

Commissioner Schinhofen

made a motion to approve; seconded by Commissione r Wichman; 6 yeas. LIQUOR & GAMING 15. For Possible Action Discussion and deliberation of existing Liquor & Gaming License renewals for 2015/2016. Callie Stark from the Sheriffs Office confirmed for Commissioner Borasky that as of today all of the licenses were active.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissione rs. July 7,2015 DISTRICT ATTORNEY

29. For Possible Action Discussion and deliberation regarding making a

Commissioner Wichman

said after the budget cycle they just went through and the shortfalls she did not see how this was possible. She was grateful they were able to get language into the bill to opt out.

Commissioner Borasky

asked if it was mandatory to pay that salary.

Commissioner Wichman

explained that unless this item was on the agenda every year to determine that it was financially not feasible then they would automatically get it. She pointed out that the Commissioners were also one of them although it was not on there.

Commissioner Schinhofen

made a motion considering the budget shortfalls the County had faced and the uncertainty of the future to not increase the salaries at this time; seconded by Commissioner Borasky.

Commissioner Carbone

asked if there was a contingency that would cover the $15,453.00 for one year.

Commissioner Wichman

pointed out that was not a complete figure because the Board of County Commissioners was not included, which was a problem and why the motion needed to be made for all increases. Amy Fanning stated there was $100,000.00 in contingency, but it could also be absorbed in the services and supplies although she was not sure all departments could do that.

Commissioner Wichman

stated she appreciated that the law went through, howev er, when the County started going through a budget crunch in Match for 2016 that was not completed until last night it was a personal problem for her because it was extrem ely uncomfortable. She did not like asking people to cut, and she also did not like getting through the budget cycle and saying the elected officials would take a raise and thank you to the employees for not getting anything.

Sheriff Wehrly

agreed with the Chairman and thought it was not appropriate for them to take a raise at this time. Sheree Stringer, Assessor, said when she was at the Assessors’ convention they talked about this bill. The biggest gripe they had was their chief deputies or senior employees were making more money than the County officials because of longevity pay. She just wanted to be sure the Board was aware of that. July 7, 2015 29. For Possible Action Discussion and deliberation regarding making a determination whether or not sufficient financial resources are available to increase the compensation of elected county officers pursuant to Senate Bill No. 482.-Cont’d.

Commissioner Wichman

said she was aware of that and also knew that everyone who ran for the job knew what it paid when they went into it. Sam Merlino also agreed and said she would rather see that money go to her staff.

Commissioner Wichman

noted the Board would have to see this every year prior to July 1.

30. For Possible Action Discussion and deliberation of a renewal

Sheriff Wehrly

confirmed everything was in order.

Commissioner Borasky

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

44. For Possible Action Discussion and deliberation to appointlreappoint

Commissioner Schinhofen

thought there were a couple of good people and remov ed himself from consideration.

Commissioner Schinhofen

made a motion to appoint Chad Goins.

Commissioner Wichman

expressed her belief that there would be some conflic with t Commissioners sitting on this board. There was the groundwater management plan established by the Board of County Commissioners, not the Water District, so they answered to the Board. However, that committee had to submit their findings and recommendations to the Water District Governing Board and should a Commissione r sit on that board they would have to pass those recommendations on to themselves.

Commissioner Wichman

pointed out the bylaws also stated the appeals went to the July 7, 2015 44. For Possible Action Discussion and deliberation to appoin Ureappoint members to the Nye County Water District (NCWD) Governing board for positions expiring on June 30, 2015. Terms to commence July 1, 2015 and expire June 30, 201 7.-Cont’d. Board of County Commissioners, so a Commissioner could potentially end up in a situation that they voted on an item that was appealed and then would sit as the Board of County Commissioners to hear the appeal, which opened the County and the taxpayers up for one large liability. She did not think it was a good use of public funds to get things cloudied up that way and that it may affect public perception. She thought the Commissioners needed to keep themselves separate from those things, especially in an appeal process. She also felt that the people on the committee needed to take as long as they needed to when it came to decisions affecting water and though t maybe it needed to be shaken up a little by getting a business person who knew things had to move forward. Commissioner Wichman hoped there would be a second for Mr. Goins because he did not have the water background but he did have a private business of his own and she thought he would bring that balance and move things forwar d.

Commissioner Wichman

seconded the motion to appointed Chad Goins. The motion failed 2-3 with Commissioners Borasky, Carbone and Cox voting no.

Commissioner Cox

made a motion to appoint Dan Sweeney to Area 1; seconded by

Commissioner Schinhofen

; 4 yeas. Commissioner Borasky voted no.

Commissioner Cox

made a motion to appoint John Bosta for Area 3; second ed by

Commissioner Carbone

. The motion failed 2-3 with Commissioners Wichm an, Schinhofen and Borasky voting no.

Commissioner Cox

made a motion to appoint James Weeks to Area 3; second ed by

Commissioner Carbone

; 4 yeas. Commissioner Borasky voted no.

Commissioner Cox

made a motion to appoint Kenny Bent for Area 4; second ed by

Commissioner Carbone

. The motion failed 2-3 with Commissioners Wichm an, Schinhofen and Borasky voting no.

Commissioner Cox

asked if Commissioner Carbone would accept the nomin ation.

Commissioner Carbone

said he would but was not sure he could based on the bylaws. Maria Ziotek indicated that could be a problem. John McLaughlin, former Water District Governing Board member, called for a point of order. He believed in the enabling legislation and in the bylaws there was an infinity clause that the person must be not connected with a public utility. Since Nye County owned and operated all the municipal utilities in the northern section the Commissioners July 7, 2015 44. For Possible Action Discussion and deliberation to appoin Ureappoint members to the Nye County Water District (NCWD) Governing board for positions expiring on June 30, 2015. Terms to commence July 1, 2015 and expire June 30, 2017.-Cont’d. were a utility and therefore could not be connected with the Water District and could not serve as a sitting member. James Eason said he was a member of the Nye County Water District and he represented a utility, Tonopah Public Utilities. He advised that discussion was held early on when Commissioner Hollis brought up the question and it only applied to privately owned utilities, which was why Dan Sweeney could be appointed as he sat in the same position as Mr. Eason did.

Commissioner Schinhofen

said the point about appealing was why he consid ered dropping out.

Commissioner Cox

made a motion to appoint Kenneth McLeroy; seconded by

Commissioner Schinhofen

commented he had hoped to get some private busine ss people in there too but it seemed the Board was unwilling.

Commissioner Schinhofen

made a motion to appoint Ken Searles; seconded by

Commissioner Catbone

; 4 yeas. Commissioner Borasky voted no. TIMED ITEMS-Cont’d. 10. 11:00 For Possible Action Special Use Permit Application No. SU-20 - — 15- 000002: Public Hearing, discussion, and deliberation on a request to modify Special Use Permit No. SU-14-0009 approved on July 16, 2014, to allow an existing medical marijuana establishment (cultivation facility) to expand from the current 8,700 square foot building area to 12,000 square feet of buildin g area, located at 1205 S. Loop Road, Pahrump, Assessor Parcel #035-381-35. Floyd’s Construction Inc. Property Owner. Green Life Productions, LLC Applic — ant.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Schinhofen

stated they had shown themselves to be very good at following all the rules and started by finishing the first half and they wanted to expand.

Commissioner Schinhofen

made a motion to approve based on staff recomm endation; seconded by Commissioner Carbone. July 7, 2015 10. 11:00 For Possible Action Special Use Permit Application No. SU-2015- - — 000002: Public Hearing! discussion! and deliberation on a request to modify Special Use Permit No. SU-14-0009 approved on July 16, 2014, to allow an existing medical marijuana establishment (cultivation facility) to expand from the current 8,700 square foot building area to 12,000 square feet of building area, located at 1205 S. Loop Road, Pahrump. Assessor Parcel #035-381-35. Floyd’s Construction Inc. Property Owner. Green Life Productions! LLC Applicant. Cont’d.

Commissioner Borasky

asked if a six foot fence would be all around the property.

Commissioner Carbone

advised it already was and also had barbed wire.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Schinhofen

understood that when the State approved the licenses back in November they said they would not do anything about approving anymore until 18 months were up so the people approved could get their businesses up and running. While he saw this application was in order and would not have a problem with it, if approved he thought an 18-month time limit should be put on it. If it was approved as an SUP all it did was give them the right to apply to the State. lithe State granted it they would have to come back to the Board. Darrell Lacy, Planning Director, pointed out that one of the conditions in the back-up was they must commence operation within 18 months of issuance of a State provisional registration certificate. He did not think the State had made a formal announcement as to whether they would be looking at new ones as they had not set a schedule yet for acceptance of applications. Mr. Lacy was not sure at this point what this would do except if they had an SUP they could look at some of the existing State approved licenses not being utilized as well as applying to the State to see if the State would do anything within a certain period of time. He added it was within the Board’s ability to put a time limit on this.

Commissioner Schinhofen

stated his only concern with this property was how it would be fenced or secured, but all of that would be addressed during the security review.

Commissioner Schinhofen

made a motion to approve. July 7,2015 11. 11:00 For Possible Action Special Use Permit Application No. SU-201 5- 000003: Public Hearing, discussion, and deliberation on a requ est for a Special Use Permit to allow a medical marijuana establishment (cultivation) in a General Commercial (GC) zoning district, on 1.1 acres located at 151 S. Humahuaca Street, Pahrump, Assessor Parcel #38-222-03. 151 Group, LLCIM ichael Lach — Property Owner. Green Thumb lndustrieslNader Sherif— Applic ant.-Cont’d.

Commissioner Carbone

pointed out there was a church on this particu lar property and asked how the Board could approve it.

Mr. Lacy

advised the applicants stated the church was a lease from the owner of the property and if they received an SUP and license to move forward that they would then cancel the lease with the church. Nader Sherif, the applicant, stated he spoke with Michael Lach and he was allowing the church to stay there for almost nothing. He said they were kind of putting the cart before the horse because of the timing issues and being forced to apply now even though the State had not given much insight into when they would approv e more licenses. If the State did not open anything up in 18 months Mr. Sherif said they would have to come back and apply again, but they were just trying to get this locked down if they did open up.

Commissioner Carbone

said he had issues with giving an SUP for x amount of months with the church there as it was against the SUP to be located within 300 feet of a church and if the Board approved it they would get vacated.

Mr. Sherif

said the tenant knew it was a temporary situation.

Mr. Lacy

indicated that was condition 22 on the special conditions of approv al if the SUP was approved as presented.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Schinhofen

noted this was one of the SUPs that came before the Board when all of them came a year ago and it was not approved at that time. He did not see any reason at this point that it could not be approved with the unders tanding he had to July 7, 2015 12a. Special Use Permit Application No. SU-201 5-000004: Public Hearin g! discussion, and deliberation on a request for a Special Use Permit to allow a medical marijuana establishment (cultivation) on 8.23 acres located at 400 Highway 6, Tonopah, Assessor Parcel #08-291-03. Fred F. Alaee Proper — ty Owner. New Vegas LPlSousan Chaichian, President Applicant.-Co — nt’d. go to the State to get approved and if the State approved it he would have to come back to the Board for a license. Pam Webster advised they had 21 pages of added back-up that the applicant requested be presented to the Board, but it was too late to be posted. She did not know if it would materially change the application. Sheneh Alaee explained the additional material was just the presentation they were going to give today. She said they agreed with all the conditions on the SUP.

Commissioner Schinhofen

made a motion to approve; seconded by Commissione r Carbone.

Commissioner Borasky

asked if this property would be fully fenced and not adjace nt to any other business. Ms. Alaee said yes. Darrell Lacy explained this was on Highway 6 in Tonopah on the east side of town and was a fairly isolated location.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Schinhofen

asked if they agreed with all conditions in the SUP. Sheneh Alaee said they did.

Commissioner Schinhofen

made a motion to approve; seconded by Comm issioner Carbone; 5 yeas. TREASURER 31. Treasurer’s Report The report was in the back-up. July 7,2015 31. Treasurer’s Report-Cont’d.

Commissioner Carbone

said there were a lot of red marks on the report but it was from April. If the current time was looked at it would waylay some of those marks. Richard Billman, Treasurer, stated the importance of this particular Treasurer’s report was it was the report after the audit entries were made by the County auditor so that was different from the normal reports. COUNTY MANAGER 32. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2015-0 6: a Bill proposing to establish a Northern Nye County Hospital District Board of Trustees, providing the term of office and manner of election thereto and for filling vacancies thereon.

Commissioner Wichman

thought establishing a board with seven individuals would be difficult in the northern part of the County and would like to see five. Commissione r Schinhofen agreed.

Commissioner Schinhofen

made a motion to set the public hearing for July 21, 2015, at 10:45 a.m. in Pahrump, Nevada, based on staff recommendation; seconded by

Commissioner Carbone

. Maria Ziotek advised the Board to just set the date and time today and any propos ed changes would be heard at the public hearing.

Commissioner Carbone

made a motion to appoint Howard Long and Steven Benson ; seconded by Commissioner Schinhofen; 5 yeas. July 7, 2015 FINANCE 34. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of the tax rate required for Fiscal Year 2015-2016.

Commissioner Schinhofen

made a motion to adopt the resolution; seconded by

Commissioner Borasky

; 5 yeas. H/R AND RISK MANAGEMENT 35. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office. 36. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office. 37. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office.

Commissioner Schinhofen

stated that as a Board they put a hold on all hiring unless they were justified so he would like to hear the justification.

Sheriff Wehrly

explained this was part of the reorganization. They had saved enough money to be able to support the five positions and were only asking for three tight now. They had promoted five sergeants, which was what she told the Board they would do, and these three positions were backfilling three of those positions.

Commissioner Carbone

made a motion to approve items 35, 36 and 37 with the proviso that the positions did not get filled until October 1, 2015, and if there was any savings it needed to be put into the stabilization fund.

Sheriff Wehrly

advised there would be a savings because they would not be paying anyone. The way it was presented showed a savings of $29,000.00 on each of the positions.

Commissioner Schinhofen

seconded the motion to approve items 35, 36 and 37 with the proviso that the positions did not get filled until October 1, 2015, and if there was any savings it needed to be put into the stabilization fund.

Commissioner Schinhofen

said he saw the need for mote officers and appreciated waiting until October to fill these. There would be money in the stabilization fund and he thought the Sheriff had adequately justified the positions. Pam Webster stated there was a budget challenge to meet before there was ever any money transferred to the stabilization fund. They were reducing the budget and offsetting the goal within the budget to balance it until there was an actual under-run to July 7,2015 35. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office.-Cont’d. 36. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office.-Cont’d. 37. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office.-Cont’d. the budget. She agreed with filling the positions, but said the savings from the filling of the positions would go to meet the $500,000.00 goal to balance the budget. If the savings continued past that point then there would be actual dollar savings that could go to the stabilization fund.

Commissioner Carbone

amended his motion based on what Mrs. Webster said as well as approving these positions not to be filled until October 1,2015; Commissioner Schinhofen amended his second.

Commissioner Wichman

said until she was fully convinced that net proceeds was what the County would hang its hat on in 2016 she could not support putting on anyone anywhere with the promise of money she did not have in her pocket. She currently believed in 2016 the County would not see any net proceeds. It was not going to be put in the budget but Commissioner Wichman neglected to talk to Amy Fanning and explain that to her. There was also some conflict of information between NACO, DTAX and herself about which year they would not get any so in good conscience she could not spend money she did not have. Amy Fanning advised that Terry Rubald from DTAX verbally told her the County would receive the prepayment as normal in 2016, nothing in 2017, and resume in 2018. Dan McArthur agreed with Ms. Rubald.

Mrs. Webster

pointed out there were other unknown potentials out there, such as medical marijuana, leasing options, and Yucca Mountain.

Commissioner Wichman

said it would be a great time to put people on when those opportunities actually came through.

Sheriff Wehrly

said they predicated everything they were doing to increase their footprint on the ground for public safety. She explained the program to the Board as they started and showed where the money was going to come from. All they were doing was trying to fulfill what they provided to the Commissioners. Sheriff Wehrly said supervision was needed and they had taken it to the lowest level they could. She said they could not run a public entity and provide services unless they had those feet on the ground. July 7,2015 35. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s offlce.-Cont’d. 36. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office.-Cont’d. 37. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriff’s office.-Cont’d.

Commissioner Wichman

said all the potential things coming the County’s way would bring revenue in and once some of that was realized would be a great time to hire. Hiring when there was no money to pay people was a poor time to hire in her opinion.

Commissioner Schinhofen

asked if these positions were budgeted. Mrs. Fanning said yes. The Sheriff had five positions. Three could be filled right now, but the other two had some issues.

Mrs. Webster

clarified they were budgeted assuming the full revenue recovery. Since these positions were not going to be filled until October, Commissioner Schinhofen withdrew his second and asked that this be brought back in September to allow a clearer picture.

Commissioner Wichman

asked Mrs. Fanning if all the PILT she was expecting came in.

Mrs. Fanning

said no. It was short over $200,000.00 that could come in October. She added that Round Mountain was also less than initially thought resulting in a $1 million shortfall already.

Commissioner Carbone

said the point was Sheriff Wehrly put together a plan that the Commissioners all agreed to and now they were telling her no.

Commissioner Wichman

disagreed and pointed out that $800,000.00 came from

Commissioner Schinhofen’s

motion in March. Commissioner Wichman was not trying to take away from everything the Sheriff had done for Nye County and the safety of the citizens. What she was saying was these people could not be promised a future, given a job, and then laid off because the money did not come in. It was not right especially in light of the shortfalls that were already happening seven days into this year’s budget cycle.

Commissioner Carbone

said things happened this way. He felt if the Commissioners did not do something for the Sheriff based on what she said she would do to get her organization set then she was going to be that much further behind.

Sheriff Wehrly

was asked to bring this back in September. 38. For Possible Action Discussion and deliberation to approve filling one vacant Account Clerk I position in the Assessor’s office.

Commissioner Schinhofen

said the same things would apply at this point and he would like to bring this back in September when there was a clearer picture on what the County had. Sheree Stringer, Assessor, emphasized that she could not go out and find taxes if she did not have the people to cover the offices. She warned the Commissioners to not be surprised if they received complaints from the public and pointed out the savings this would result in.

Commissioner Carbone

commented someone retired that the County could not afford to rehire but the County had to by law do this.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. 42. For Possible Action Discussion and deliberation to surplus and dispose various Road Department vehicles, trailers, and other various equipment.

Commissioner Carbone

made a motion to allow the surplusing and disposal of the Road Department vehicles, trailers and other various equipment; seconded by Commissioner Schinhofen; 5 yeas. 43. For Possible Action Discussion and deliberation regarding Public Works Project No. NY-2015-165 Gabbs Sewer System-Phase II. This item was removed from the agenda. 32. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 20 15-06: a Bill proposing to establish a Northern Nye County Hospital District Board of Trustees, providing the term of office and manner of election thereto and for filling vacancies thereon.-Reopened.

Commissioner Schinhofen

read the title of the bill into the record.

45. GENERAL PUBLIC COMMENT (second)

Commissioner Wichman

clarified that people retired and went on to other places which was why the positions were open. Greg Dann said public safety needed special treatment by the Board of County Commissioners. He did not like not helping the Sheriff’s Department do Sheriff’s work and felt the Board needed to help the Sheriffs Office protect the community. John Bosta thought the Sheriffs Office was in a critical position. He advised there was no deputy in Amargosa Valley and if they wanted a deputy he would have to travel from Beaffy or Pahrump. Mr. Bosta thought it was unfair to his community to not have at least one officer in town. When he moved there in 2002 there was a dispatcher and two July 7, 2015 officers. Now there were none. He thought it was important that they have one resident deputy in their town as there were deputies in all the other towns.

Commissioner Wichman

pointed out Belmont, Manhattan, Carvers, and Sunnyside had no deputies. Sheree Stringer, Assessor, wanted to make everyone aware that the Department of Taxation had come out with the personal property tax minimum, which was $12.00 for about $350.00 assessed value so people who did not receive a personal property tax bill previously would receive a bill if it was $12.01 or higher. That meant that people who had not gotten bills for ten or fifteen years on their mobile homes, business and other personal property in Nye County would receive a tax bill. Mrs. Stringer said it mainly affected the mobile homes.

Commissioner Schinhofen

wanted to make sure he was cleat on this as well as the public. If the Commissioners had filled the positions they would not have come on until October so by putting it off until September was not putting the public at risk. Pam Webster thought the concern was the three month delay in bringing them back in September. Joseph Diorio said if he was an employee seeking an occupation he would rather work for a year and be laid off than collect unemployment for a year.

46. ANNOUNCEMENTS (second)

Commissioner Cox

said she had every intention to be involved in the parade but her husband had an auto accident Thursday night which kept her from doing so.

47. ADJOURN

Commissioner Wichman

adjourned the meeting. APROVED this ATTEST: Of LLA1. ,2015. (‘

Chair Ny

Couity Clerk / Deputy