July 21, 2015

Mr. Greco

thought since the County could not afford to keep inmates fed and get their medications maybe they should be hooked up to an ankle bracelet and let their familie s feed and medicate them at home. July21, 2015 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. Ed Fox again advised the Board of Wulfenstein watering every day of the week on Postal Road causing water to run down the road. He pointed out that in Washoe or Clark Counties they would be fined and asked the Commissioners to take care of this wasted water. Secondly, Mr. Fox asked why the Commissioners could not bring new businesses into the County and wondered if it was about the impact fees. The State of New York had limited some of the fees to get businesses in the state and Mr. Fox saw no reason why the Commissioners could not do the same thing. Robert Adams suggested the County Commissioners consider a requirement that helmets be worn on small 150cc motor scooters. Priscilla Lasater discussed the homeless and the lack of services or help for them from the agencies and churches in the community, especially if they were younger than 60 years of age. Ginger Stumne, a director with ARMS, a non-profit 501(c)3 helping seniors, advised they were starting a housing committee that would also be a 501(c)3. They had a board of nine so far and it was named Housing of Nye County (HONC). She said they were thinking long-term for fundraisers and would start in Pahrump. They had 137 clients as of today and volunteer hours were used, so there was no cost to the clients. Ms. Stumne asked the Commissioners to think about renting the older mobile homes. HONC had access to about eight of them right now, but somewhere along the line someone said they could not rent them because they were older mobile homes owned by a gentleman out of Las Vegas.

Commissioner Wichman

asked Ms. Stumne to send her that information.

Commissioner Carbone

said they would set Ms. Stumne up with the Director of Planning as well as Building and Safety. He advised they were getting ready to pass some rules on what could be done with those mobile homes. Debbie Dwelle spoke of Kids for Vets and reminded everyone of the Pahrump Veteran Memorial Park as well as the piece of land allocated for Kids for Vets to put in an inscribed veteran brick garden. She said not enough bricks were being purchased and encouraged everyone to buy one. Angela Bello was not present. Christy Kindel introduced herself as the newest Deputy District Attorney doing both civil and criminal work. July21, 2015

Commissioner Cox

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

advised she went to North Carolina a couple of weeks ago for a conference with the State Association of Counties where she was given a crossword puzzle from the New York Times. The answer to clue 54 about the largest county in Nevada was Nye.

Commissioner Wichman

noted the County was the new proud host of a monument. She wanted to make sure that everyone read the last line of the article by Genesee Martin which stated that Commissioner Wichman did get confirmation that it would not remove it from PILT.

Commissioner Wichman

talked about how some of Nye’s sister counties in other states were baffling to try to be able to harvest in their forests, such as Valley County, Idaho, which had been chosen to provide the Christmas tree for the nation’s capital this year and they were wondering how they were going to chop that down.

Commissioner Borasky

noted there were some very good churches in the community. He knew most of the pastors and knew how diligent they were and how hard they July21, 2015 7. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)-Cont’d. worked. There was also a group called Community Outreach that met every second Wednesday of the month at the Oasis.

Commissioner Carbone

said on August 4, 2015, the gas tax would be on the agenda so anyone who wanted to be there for that needed to come. Regarding the water running down the streets, he suggested having the Water District look at that and maybe send a letter. Commissioner Carbone said he would like to bring the endowment funds to the Board for discussion as to what they wanted to do with them. Regarding the tax bill, he noted there were a lot of acronyms on it and they were in the process of taking that document and listing what those terms really meant and what the percentages were that people were being taxed so they could understand what they meant and why. TIMED ITEMS

Mr. Henderson

then advised of their upcoming conference on October 13-15, 2015, in West Windover and encouraged everyone to come. July21, 2015 COUNTY MANAGER

Commissioner Schinhofen

made a motion to increase to $0.85 a square foot and give permission to extend the sublease; seconded by Commissioner Carbone.

Commissioner Carbone

explained he was originally looking at this as people moving into an office building and doing their business and the people who owned the property took care of everything. This was kind of a little bit of both where the occupants of the building took care of maintaining items in the building. Commissioner Carbone also looked at the things they had already done to the building and what they were planning on doing in the future. If any of it was true there would be considerably more money put into this building.

Commissioner Cox

noted that $0.80 a square foot brought almost $12,000.00 a month and $0.85 would be about $14,000.00. She said she would much rather see the building occupied than vacant.

Commissioner Carbone

advised it would be occupied and Dr. Bady had agreed to the $0.85.

Commissioner Borasky

stated the property was worth much more on tent than that and when most people modified a building they modified it for themselves and not the landlord. TIMED ITEMS-Cont’d. 10. 10:45 For Possible Action Public hearing, discussion and deliberation — — regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2015-06: 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; and 2) set an effective date.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Borasky

asked if the hospital board would be paid. He also wondered if the hospital board would be responsible for all debt or if that would still fall back on the Commissioners.

Commissioner Wichman

said paying the board was not in the ordinance. As far as the debt, she said the district would be responsible for all the debt and they would be July21, 2015 10. 10:45 For Possible Action Public hearing, discussion and deliber ation regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 201 5-06-Cont’d. guiding it in the same respect that the Commissioners took responsibility for financi al things in the County.

Commissioner Schinhofen

made a motion to adopt Nye County Bill 2015-06 effecti ve August 10, 2015, with the understanding it would be a five member board, and change any reference to general election to primary or general election.

Commissioner Schinhofen

noted clarification was needed on the terms of service as this moved forward.

Commissioner Schinhofen

restated his motion to adopt Bill No. 2015-06 as a live member board effective August 10, 2015; seconded by Commissioner Carbone. Pam Webster stated the Board of County Commissioners by default would be the board for the hospital district until the election. Sam Merlino advised she asked for the change about the primary or general becaus e of the election laws. Non-partisan offices could be voted in on a primary election. As far as the terms, Mrs. Merlino said it could be done by a draw of straws as soon as they were elected or when the filing for office opened up her office would put it out as three four-year terms or two two-year terms, whatever the Board wanted to do.

Commissioner Carbone

pointed out it did say two year and four year terms.

Commissioner Wichman

reopened and reclosed the public heating.

Commissioner Borasky

stated he was growing more and more concerned about the debt building on this. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSION ERS

Commissioner Carbone

assumed the Chair of the Board of Highway Comm issioners. 11. For Possible Action - General road report by Public Works Director Tim Carlo from Public Works advised there was not a lot on the toad report, but with the recent rain events they got behind on a lot of stuff. On Basin and Leslie they would normally route traffic off to the shoulders and could not do that because of the rain. He added Pole Line Road up north was flooded out again too. July21, 2015 It For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Cox

stated there was a tree down on the road on Capricorn between Quarter Horse and Jane and there was fear in the area that more would fall. She wondered if there was something the County could do to remove the trees before that happened. She also asked if there was anything Public Works could do about the water on Postal Road. Dave Fanning, Public Works Director, advised that was a Planning issue and was going to be a private issue between the landowner and UICN. Until the County accepted that road there was nothing his department could do for enforcement. He talked to the State a year and a half ago when they did an on-site meeting on Highway 160 and asked NDOT to work with Wulfenstein. NDOT rebuilt that intersection and had a verbal agreement they would watch their water usage. Mr. Fanning said he had also mentioned it to them and they had been trying to watch it.

Commissioner Wichman

commented this was the first time she had driven into the Eye since it had been done and it looked fantastic. She then asked about the gravel in Sunnyside and how that went.

Mr. Carlo

advised Stretch Baker was working on his site training, but they could not start until they had the MSHA class on the 29th They would be in the pit after that and start the project.

Commissioner Borasky

stated he had calls from both Spring Mountain and the apartments on the southeast corner of Pahrump Valley Boulevard and Calvada. Quite a few residents there were seniors and in wheelchairs. Every time it rained there was a low spot in the driveway on Calvada and another one on Pahrump Valley Boulevard and they kind of get stuck on an island. He asked Mr. Fanning to look at that for him and give him an explanation so he could go back to the residents with that information. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR 12. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License for Chafthai, LLC dba Chafthai Bistro, 421 S. Frontage Rd. Ste 1, Pahrump, NV. Chatree & Shannon Soisoongnoen, Applicants.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox; 6 yeas. July21, 2015 13. For Possible Action Discussion and deliberation to issue a Temporary Beer & Wine Liquor License for Harjas Corp. dba Hometown Pizza, 222 Main Street. Tonopah, NV. Harvarinderlit Chahal, Haiwinder Singh and Jaswinder Singh, Applicants.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen; 6 yeas. 14. For Possible Action Discussion and deliberation of a Change of Location for the Package Liquor License for Carniceria La Piedad. Josefina Lucero, Applicant.

Commissioner Schinhofen

made a motion to approve pending closing of one before the other was opened; seconded by Commissioner Carbone; 6 yeas. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 15. For Possible Action Discussion and deliberation regarding accepting six (6) Nevada Commission on Tourism (NCOT) grant awards and to approve a project budget for tourism for FY16: Public Relations; Regional Media Buy; Trade and Travel Shows; Good Sam RV and Travel Directory; Certified Folder Display; Nevada Magazine. The grant match and project budget has been budgeted in Fund 25220 Pahrump Tourism Room Tax. Pam Webster pointed out the spreadsheet in the back-up that showed the grant awards, the grant match, and then a supplemental budget to come out of the tourism money. They were asking not only for acceptance of the grants but also approval of that budget for the additional money and to approve the projects on the second half of the spreadsheet that were outside of the grant awards. This would give them the ability to move forward on all the tourism projects.

Commissioner Schinhofen

made a motion to approve this item in its entirety; seconded by Commissioner Borasky.

Commissioner Carbone

stated he would like to go through and see what these grants were actually doing in regards to making this happen as well as what receipts were coming in. Arlette Ledbetter from the Town of Pahrump Tourism Office explained they had initiated a process for tracking that they did not have previously so they would have more and more data available. Currently she had data on their first visitor survey that they completed and it was exciting to see the growth. The RV resorts and hotels also worked with them on tracking the individual projects so they knew just how successful they were. July21, 2015 15. For Possible Action Discussion and deliberation regarding accepting six (6) Nevada Commission on Tourism (NCOT) grant awards and to approve a project budget for tourism for FY16: Public Relations; Regional Media Buy; Trade and Travel Shows; Good Sam RV and Travel Directory; Certified Folder Display; Nevada Magazine. The grant match and project budget has been budgeted in Fund 25220 Pahrump Tourism Room Tax.-Cont’d.

Commissioner Cox

asked what the certified folder display service, brochure distribution, for $4,500.00 was.

Mrs. Led

better advised that was a vendor service. They hire a contracted vendor to distribute their brochures in various rest stops and gas stations. This charge was separate from the charge for printing and production of the brochures.

Commissioner Cox

noted $385,000.00 was a lot of money and asked if that was coming out of the room tax. Mrs. Ledbeffer stated it was all coming from room tax and that was a rather small figure for marketing. She clarified this was not personal tax. This was a room tax fund that was allocated to a variety of places, one of which was tourism

Commissioner Borasky

stated one of his first questions as liaison to the board was if they were tracking it. The board had been very upfront with changing their ways of doing things and providing more information. They had also agreed to a quarterly report to the Commissioners of what they were doing.

Commissioner Schinhofen

made a motion to approve items 16-18; seconded by

Commissioner Borasky

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

Commissioner Schinhofen

made a motion to approve items 16-18; seconded by

Commissioner Borasky

; 5 yeas. July21, 2015 18. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, October 20, 2015 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 16-18; seconded by

Commissioner Borasky

; 5 yeas. BOARD OF COMMISSIONERS 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. This item was 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. This item was removed from the agenda. 21. For Possible Action Discussion and deliberation on labor negotiations. issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 22. For Possible Action Discussion and deliberation for the County to construct a diversion channel and detention basin southeast of APN 045-452-05 to alleviate flooding in this area.

Commissioner Schinhofen

stated this was his item. He described how a gentleman on Squaw Valley had about 20 horses with their associated waste and when the water went through there it affected more than one property. It also washed out the intersection of the County road. There was originally talk about doing a channel to divert it down back into the County’s right-of-way, but Dave Fanning was now talking about a retention basin. Commissioner Schinhofen said he needed the Board to direct Public Works to move forward with this and get from BLM what it would take to get the right-of-way done.

Commissioner Wichman

asked if a suggested source of funding would come back.

Commissioner Schinhofen

said yes, but they needed to get the application into the ELM.

Commissioner Schinhofen

made a motion to direct Public Works to file with the ELM to move this forward; seconded by Commissioner Borasky. July21, 2015 22. For Possible Action Discussion and deliberation for the County to construct a diversion channel and detention basin southeast of APN 045-452-05 to alleviate flooding in this area.-Cont’d.

Commissioner Botasky

asked if anyone had contacted the owner of the horses to ask him to take better care of their waste.

Commissioner Schinhofen

said he had been in much contact with them, and every time it rained he contacted them, but it was never known when it would come pouring through there.

Commissioner Carbone

asked when the person purchased that property if he knew he was right there.

Commissioner Schinhofen

stated no. It started about 16 or 17 years ago when they widened the highway. However they diverted up there it began to divert through his property.

Commissioner Carbone

made a motion to appoint Chrissy Pope; seconded by

Commissioner Cox

; 5 yeas. 25. For Possible Action Discussion and deliberation to appoint two (2) members to the Pahrump Regional Planning Commission due to two (2) expired terms.

Commissioner Wichman

advised she received a phone call from Mr. Blundo and he had pulled his interest.

Commissioner Carbone

made a motion to appoint Gregory Hafen II and Joel Oscarson; seconded by Commissioner Schinhofen; 5 yeas. July21, 2015 RECORDER 26. Recorder’s Technology Update Deborah Beatty, Recorder, said she had a proposal to go forward with imaging everything from 1935 back to 1864. Everything they had in that time frame was just in book form and she felt it was extremely important to get a digital and microfilm copy. The books were heavy and getting broken and it was hard on the staff to move them around. Ms. Beafty hoped the Commissioners approved her plan, which they did. COUNTY MANAGER-Cont’d. 27. Ongoing Project Report Pam Webster pointed out that this month the economic development summary was in the report which showed new projects coming through Planning for requests for permitting and moving forward. It also showed things that were in the talk stages.

Commissioner Carbone

advised he got a call from the guys at Armscor. They purchased the property next door to them and were preparing to turn those buildings into rubble and put two new buildings up. They were also in negotiations for the property on the other side of them.

Commissioner Wichman

suggested Mr. Fox get this information off line or from one of the staff members as it showed all of the new businesses and what stage they were in with their permitting processes. FINANCE

Ms. Hill

said the document they were reviewing today, the Analysis of Brownfields Cleanup Alternatives (ABCA), was subject to a 30-day public comment period. It was made available on July 17, 2015, and would bean the Web site until August 17, 2015. The ABCA compared a few alternative clean-ups for the site. The chosen method, alternative three, would do a complete abatement of the asbestos in the building, remediation of petroleum impacted soils, and removal of the existing above-ground storage tank and its associated appurtenances. The 20% match under the revolving loan fund was being met in part by the waiver of the tipping fees for the disposal of the materials. Ms. Hill stated alternative three offered the highest level of long-term July21, 2015 33. For possible action Presentation, discussion, and deliberation of the Analysis of Brownfields Cleanup Alternatives for the Tonopah Airport FBO Buildinq.-Cont’d. protection for the environment and public health at the site for an estimated cost of $115,000.00, which was funded through the revolving loan fund by a low interest loan and would be paid back over five years. Ms. Hill advised that upon completion of the site activities Nye County would have completed the first successful loan application under the Nevada Rural Brownfields Coalition Revolving Loan Fund grant.

Commissioner Carbone

pointed out this was not only the County but also Beatty, Gabbs and Manhattan. That was one of the other reasons he brought upthe endowment funds.

Commissioner Carbone

made a motion to approve: seconded by Commissioner Cox: 5 yeas. PLANNING/BUILDING

Commissioner Schinhofen

made a motion to set the date, time and location for Bill No. 2015-05 for August 18, 2015, at 11:00 a.m., in Pahrump; seconded by Commissioner Carbone.

Commissioner Carbone

read the title of the bill into the record.

Commissioner Schinhofen

made a motion to set the date, time and location as August 18, 2015, at 11:00 a.m., in Pahrump; seconded by Commissioner Carbone; 5 yeas.

Commissioner Carbone

read the title of the bill into the record.

Commissioner Schinhofen

made a motion to set the date, time and location as August 18, 2015, at 11:00 a.m., in Pahrump; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record.

Commissioner Wichman

noted there was a memorandum of understanding dated December 17, 2013, between Nye County and the Artesia subdivision and asked if this resolution would affect that in any way. Darrell Lacy, Planning Director, explained the road acceptance was done by Board action last year, but it was not done by resolution as required by NRS. This was a housekeeping issue to correct the road acceptance piece and it should not have any impact on the memorandum of understanding for road maintenance which was a separate item between the Road Department and Artesia.

Commissioner Schinhofen

made a motion to adopt Resolution 2015-24; seconded by

Commissioner Wichman

said the Commissioners needed to make sure they were not contradicting themselves. She wanted to give Mr. Fanning an opportunity to look at it and make sure it did not disagree with the memorandum of understanding.

Commissioner Borasky

withdrew his second. July21, 2015 39. For Possible Action Discussion and deliberation to adopt, amend and adopt. or reject a Resolution accepting the offers of dedication for the roads in the Artesia at Hafen Ranch subdivisions.-Cont’d.

Commissioner Schinhofen

asked if the memorandum of understanding stood on its own without the resolution. Maria Ziotek advised it stood on its own, but this could be brought back and the District Attorney’s Office would also look into it.

Commissioner Wichman

said this action could be taken contingent on that approval.

Commissioner Borasky

seconded the motion to adopt Resolution 2015-24.

Commissioner Wichman

clarified this decision was made contingent upon the District Attorney’s approval

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone. Vance Payne, Emergency Management Director, stated they needed all the help they could get. The outreach from the community to provide dog food had been impressive and a couple of individuals in particular had gone well beyond that. Pam Webster pointed out the contribution made by the Director of Emergency Management had been nothing but stellar and impressive. He and his wife had been working at the shelter to keep it clean many, many hours and this would help to relieve that. She added this was pending Title 6 changes.

Commissioner Cox

asked Mr. Payne if he felt this position would lead into something permanent.

Mr. Payne

said no. The Board action was to eliminate and this was just the breathing room to get them through until a more formal decision was made.

Commissioner Cox

said she had some volunteers she could send over.

Mr. Payne

explained the problem was these were dangerous animals and he had to turn many people away who wanted to help. He said this was all about cleaning and there was nothing lovely about this job. July21, 2015 31. For Possible Action Discussion and deliberation to approve filling a temporary Kennel Assistant in the Pahrump Animal Shelter. The position will not exceed 180 hours or $2,394.00. This request can be absorbed in the Department of Emergency Management budget 10101 GeneraL-Cont’d.

Mrs. Eastley

provided the history of the property from its original patent in 1919 to the purchase of the property by the Binions in 1969 for the sum of $10.00 and other valuable consideration. Mrs. Eastley was not sure if the plan was to tie into the existing Utilities, Inc., infrastructure or develop the wells on the property and install commercial septic so she included both options in the study. There was also a section in the study on the electric utility service. The assessed valuation and property sale information was generally obtained through Paula Glidden at the Land Office and was an overview with several photos of the property and description. The master planning and zoning was reviewed and there was a section in the report that talked about that. The property was not in a flood zone, but a desert tortoise survey would need to be completed because approximately 60% of the parcel was undisturbed. The existing property improvements were taken from the Assessor’s Web site, but Mrs. Eastley noted that the Assessor’s personnel had been denied access to the property for more than 20 years so the information from the Assessor was given verbally. Mrs. Eastley stated if the property was to be purchased and developed there were concerns as to whether Basin and July21, 2015 29. For Possible Action Presentation of a feasibility study regarding a project to possibly purchase land located at 700 E. Wilson Road, Assessor’s Parcel No. 35- 311 -02; and discussion and deliberation on determination of County or Town of Pahrump moving forward with the purchase.-Cont’d. Wilson would be wide enough to handle the increased traffic. She indicated

Commissioner Cox

had some specific suggestions and plans for which road would be used and told Mrs. Eastley she preferred that Wilson be used for service deliveries.

Mrs. Eastley

stated this property could potentially be a Brownfields project as its history indicated there could be some industrial or commercial contamination. She also got some public works public property improvement cost estimates, but it should be noted that generally these cost estimates would represent what everything would be at full build out. Since there was not a firm plan of development right now, they would be phased in. Finally, there was a section in the study containing a preliminary cost recap. Mike Cottingim, Amargosa Valley Administrator, advised he had been in touch with his counterparts in Beatty and Tonopah. While this would be a great asset for Pahrump, they did not want to see rural tax dollars used for something that would benefit the people of Pahrump. Gene Frank, a member and officer of the Pahrump Parks and Recreation Advisory Board, informed the Commissioners that at their last meeting the committee voted unanimously to oppose this proposed purchase as to them it did not make sense. The cost was not only the $1.75 million, but an additional $6 million or $7 million for development, plus if the current fairgrounds were given up there would be an additional $2 million in cost before that land could be returned to the BLM. Mr. Frank also pointed out that the current fairgrounds already had a revenue stream and more revenue streams could be developed which would allow funding for further development. He said the negotiation with the BLM to change the terms of the lease or to purchase the land was in progress and it was premature to make any decision for any alternative location. Additionally, the proposed site was right behind a shopping mall and the traffic that would result from having a fairgrounds development would cause an additional expenditure of money. According to Mr. Frank’s calculations the final expenditure would be close to $13 million or $14 million without any funding.

Mr. Frank

stated he also objected personally to the Town of Pahrump being included in the proposal. He feared the County was thinking of using funds that the Town of Pahrump had. If not, he did not know where the $1.75 million would come from so there were a lot of questions and no answers, even in the feasibility study, which also had a lot of inconsistencies. Mr. Frank felt this proposal should have been made to the Parks and Recreation Advisory Board and they should have been allowed to analyze the numbers and give their opinion to the Board if they advised the purchase or not. No one told the advisory board about this proposal and that was against what he thought the workings of the advisory boards were for. Mr. Frank was also concerned if funds were used to purchase the Binion Ranch whether that would affect the continued improvement and development of the Kellogg property. There were no parks in the July21, 2015 29. For Possible Action Presentation of a feasibility study regarding a project to possibly purchase land located at 700 E. Wilson Road, Assessor’s Parcel No. 35- 311-02; and discussion and deliberation on determination of County or Town of Pahrump moving forward with the purchase.-Cont’d. southeastern part of Pahrump and the people who lived there deserved to have a park so Kellogg was important. Jaydee Webb, who was also a member of the advisory board but speaking as a citizen, said he figured the total cost at $11,052,000.00. To him it made more sense to start off with a blank canvas and develop the fairgrounds rather than purchase something and have to demolish what existed. If the Board had to give the property back to the BLM $2,198,000.00 could be added to the cost. It made sense to Mr. Webb to continue with the fairgrounds project rather than the Binion project. Christopher DaDia from A Way of Life BMX Motocross Group agreed with the two gentlemen about Kellogg Park and the fairgrounds as he was trying to raise funding for a BMX park and race track. However, investing in something like the Binion property he believed would probably bring people to visit Pahrump. Richard Goldstein stated the County did have the money to buy the property. He reminded the Commissioners that two weeks ago they discussed how there was no money to hire people. He said the County did not have the money to do it and the town did not want to do it because it had the fairgrounds. Gary Vavzycki supported buying the property, but maybe not for use as a park. He believed the County had the money sifting in bank accounts and he would like to see it developed into a free trade zone. He suggested the Board put in an offer for an option to purchase for six months to come to terms. Louis DeCanio said as a retired businessman he personally thought the County getting involved in this property was a bad investment. He and his wife lived in Desert Greens down the street from the Binion Ranch and the last thing he wanted was an off-road vehicle track and skateboards. Robert Adams felt the advisory board should have been consulted on this, but thought it deserved further consideration as it was a very unique opportunity. If a private business bought the property it would become a housing tract that would use more water. Mr. Adams added it would not mean giving up the fairgrounds, but it may mean changing the development plan for the fairgrounds. John Bosta said he would like to see the County purchase the property as it was one of the most valuable pieces of property in the town. He felt society was not preserving its past and this was one of the older pieces of property that could be used as a tourist attraction for people to see what life was like in the early days of the Pahrump Valley. He beseeched the Board to purchase this property because of its value and not argue the park issue. July21, 2015 29. For Possible Action Presentation of a feasibility study regarding a project to ppssibly purchase land located at 700 E. Wilson Road, Assessor’s Parcel No. 35- 311-02; and discussion and deliberation on determination of County or Town of Pahrump moving forward with the purchase.-Cont’d. As far as taking this in front of the Parks and Recreation board, Commissioner Cox noted they had obviously found out about it because they voted on it. If it was on the agenda she felt somebody could have invited the Commissioners and they would have spoken to the advisory board about it. She clarified she never said to quit developing the fairgrounds. They both had a use and most of the money dumped into the fairgrounds had come from the town. The money was there for a reason and

Commissioner Cox

wondered why it was being collected for room tax if not to be spent on improvements in the town and draw tourism. There was a group called the Nye County Historical Events Board that was working on ideas to try to put this together, but no one said to spend $6 million today. The idea was to start small and add to it. She noted the County was getting the right-of-ways free, as well as the all the water rights, so the property was not that expensive. She was hoping to get the cost down more, but felt the County needed to put some money on escrow just to hold on to this because now they were lowering the price. Commissioner Cox stated her understanding that the idea was to move the arena grounds over and build a large arena that could be used year round. She would like to keep things on the Basin side compatible with the existing park as there was big money to be made bringing in rodeos and they would start with the rodeo ground. She felt there would also be a benefit from the historical side of things as there had been talk of doing an Indian village and a western town. Dave Stevens stated he was all for the Binion Ranch and felt the Commissioners needed to give some serious thought to buying it. Priscilla Lasater described how the parks where she was from were very successful and each had their own different theme. Dave Fanning explained that currently on Basin Road there was no right-of-way on the Binion side. There was quite a handful of right-of-way on Wilson, but both right-of-ways would need to be granted to the County to provide better access. He said the County had fought for that for years because of the hospital being a major arterial route off the highway but always ran into a road block on it. The School District would also need to grant right-of-way.

Commissioner Cox

asked if the County or the town bought the property if the County would then have the right-of-way and it would not cost anything. Mr. Fanning said that was correct, except for improvements.

Commissioner Schinhofen

noted that on Wilson Road there were right-of-way issues that the County would not get for free. The County would have to get them from the School District, the church, and everyone else there. July21, 2015 29. For Possible Action Presentation of a feasibility study regarding a project to possibly purchase land located at 700 E. Wilson Road, Assessor’s Parcel No. 35- 311-02; and discussion and deliberation on determination of County or Town of Pahrump moving forward with the purchase.-Cont’d.

Commissioner Cox

pointed out that it could be donated by the School District, the church, or anyone else. She said they tried to look at this as a piece of property to use for access in and out to the highway where the stop light was.

Commissioner Schinhofen

stated this was great property and he could not wait for it to be developed, but he thought if the County took it and made it a park it was missing out on a lot of revenue. He could not support the County using funds for this, and if it was the town then the room tax ordinance would need to be rewritten, which would take away from those funds. He felt this would hurt Kellogg Park and pointed out they were just getting started with the fairgrounds. Commissioner Schinhofen did not support this in any way, especially if the town spent the money as it would take away from the other projects.

Commissioner Carbone

made a motion to evaluate where the funds would come from to secure this property and bring that back to the Board; seconded by Commissioner Schinhofen. Pam Webster requested clarification on which entity would purchase it, the town or the County.

Commissioner Carbone

said he would presume it would be the town.

Commissioner Cox

thought a comparison should be done as to which one had the money or if it could be a joint project.

Commissioner Schinhofen

withdrew his second.

Commissioner Carbone

revoked his motion and directed staff to look at the feasibility of either the County or the town if there were funds available.

Commissioner Schinhofen

stated the town and County should not be in property speculation and that was how he saw this.

Commissioner Schinhofen

made a motion to deny this; seconded by Commissioner Borasky.

Commissioner Borasky

wondered where the County would get the $1.7 million to buy it. He noted the County had all kinds of budget problems but now wanted to use taxpayer dollars to buy a piece of property on speculation. He pointed out the tax revenue that would be lost if the County bought it as well as the additional liability if anybody got hurt on the property. Commissioner Borasky thought it was a great piece of property, but someone else should buy it and improve it. July21, 2015 29. For Possible Action Presentation of a feasibility study regarding a project to possibly purchase land located at 700 E. Wilson Road, Assessor’s Parcel No. 35- 311 -02; and discussion and deliberation on determination of County or Town of Pahrump moving forward with the purchase.-Cont’d.

Commissioner Carbone

made a motion to approve the bailiff; seconded by

Commissioner Schinhofen

. Judge Kimberly Wanker explained that when the Commissioners denied their bailiff position they had to issue a court order.

Commissioner Carbone

said he understood there was a statute, but not just for her bailiff. There were statutes for all the folks Judge Wanker saw sitting here. The only thing different between them and the judges was the judges got to write some documents that said court order and the others could not. He had hoped that instead of seeing a piece of paper across his e-mail that he would have gotten a phone call and he was very surprised. Judge Wanker stated they were also kind of surprised because they put the justification down for the position. She then described an attempted sexual assault that occurred after this was denied.

Commissioner Schinhofen

advised that right after the Board denied it he asked to have it put on the next agenda. Judge Wanker said there had been a real push for security at the courthouses by the Supreme Court and Nye County was the only district without any courthouse security so that was why the bailiff was so vital.

Commissioner Wichman

understood it was dictated by NRS to fill it, but she reminded Judge Wanker that it was also dictated by NRS that she operate within her budget and currently she was projected over budget. Judge Wanker disagreed with Commissioner Wichman and pointed out that the Justice Department had to provide certain services and she could not say to a criminal defendant that they could not have a jury trial because she was over budget. In fact, they did scale back and continued their jury trials because they knew what it cost to empanel a jury, but she did not know if there would be ten jury trials or 50 so they budget the best they could. July21, 2015 35. For Possible Action Discussion and deliberation to approve filling one vacant Court Bailiff position in District Court.-Cont’d.

Commissioner Schinhofen

felt there was confusion between the hospital district and the hospital. People talked about the hospital district failing, which could not happen as it was a taxing entity and as long as there were people living there and paying taxes there would be money in that pot. If the hospital failed the County would keep it in place and get the money back. Commissioner Schinhofen said he would like to see this continue, but if by the end of this year nothing had changed dramatically he would not support any further loans.

Commissioner Schinhofen

made a motion to approve the amendment to the loan agreement; seconded by Commissioner Carbone.

Commissioner Carbone

noted the money was starting to rise. Pam Webster explained the loan was at $2 million and this would take it to $2.5 million, but they were using the additional liability that Primecare had in the form of other accounts payable. They also had an accounts receivable balance they were looking at right now of $3 million to determine the liquid value of that. Mrs. Webster could not make that determination at this point and she did not think they could either. Talitha Gray Kozlowski with Garman Turner Gordon clarified the $2.75 million was the original loan which included $250,000.00 funded by Round Mountain Gold. The out-of- pocket dollars that went to Primecare was $2 million and this was an additional $500,000.00 to go to Primecare. Ms. Kozlowski stated that what was important and may not be entirely clear in the documents was that in this instance the County would receive a security in all of Primecare’s assets in addition to the tax obligation. This put the County in a better position than it was in prior to making the loan.

Commissioner Carbone

asked if a collection agency was being used for patient payouts.

Mrs. Webster

said she would not speak for Primecare, but it was her understanding they were reviewing that information right now and compartmentalizing that into the areas it covered, like how much was owed by insurance companies and patient liabilities in the form of deductibles and co-pays and then the portion owed by private citizens with no insurance. July21, 2015 30. For Possible Action Discussion and deliberation to consider an increase to the long term revolving loan amount financed to Prime Care Nevada Inc. dba Nye Regional Medical Center with a funding source to be determined.-Cont’d.

Commissioner Carbone

inquired as to the success rate on the collections so far. James Eason advised it was sent out to different entities to review, but they were not willing to touch it right now. They were exploring other options, but Mr. Eason thought the plague of the bankruptcy was making people very gun shy of wanting to take on giving a hard number of what could be recovered out of it.

Mrs. Webster

clarified that initial review was to liquidate the receivables and sell them. That was not successful so what they were looking at now was going through the collection process themselves instead of selling them to a collection agency for a flat fee.

Commissioner Borasky

noted the amount on this kept growing and he wondered who would pay all of the doctors, nurses, and support people while the County was trying to bring some of the money back that it was owed.

Mrs. Webster

stated part of this advance right now would go toward paying them and was to get them through the end of August. Primecare was in discussion with another entity to potentially come and operate the hospital, but she was not at liberty to go into detail on that.

Commissioner Cox

understood the people had a tremendous need for this up there. She said she would be able to support one more time for this to go through, but if this did not get them over the hump she thought they would have to eat the losses and move forward.

Commissioner Borasky

voted no. FINANCE-Cont’d. 32. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections and possible actions. Amy Fanning pointed out the new report covering fiscal years 2015 through 2017, a revenue versus expenditure comparison, which showed the County had issues. Regarding the anticipated revenue, she advised PILT came in short, payment in lieu came in short, and the Round Mountain audit came in short, so the ending fund balance was less than originally budgeted for and action needed to be taken immediately to get to FYi 7. In looking at the revenue page, the projections were coming in close to what was budgeted. Not all invoices had been paid yet, but the final report showed a few departments were over budget. Mrs. Fanning stated they were still looking at 99% for the year. She further noted that the Juvenile Probation Office was about $90,000.00 short of their $300,000.00 reduction goal. July21, 2015 32. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016. budget projections and possible actions.-Cont’d.

Commissioner Wichman

was concerned that Natural Resources was on the report as that was cut in March as well.

Mrs. Fanning

confirmed it had been cut, but they were already over budget and this was their final expenditure report for FY15. Pam Webster asked for direction for future open positions.

Commissioner Wichman

felt it would depend on which departments.

Mrs. Webster

thought this was a County problem, not just the departments that had open positions. She asked Mrs. Fanning what the percentage cut across the board would be.

Mrs. Fanning

said it would be 5% for FY16 and 6% for FY17.

Mrs. Webster

suggested this needed to be looked at as a County-wide budget problem rather than by departments who had open positions.

Commissioner Carbone

commented the Commissioners should have stayed fast on the 10% reduction.

Commissioner Wichman

remembered the day when there were combined offices and those combined offices were cross-trained so when one person in the Recorder’s Office took a day off someone in the Assessor’s Office could cover those duties. She thought there were some opportunities in the County where there could be cross-training to cover for each other and asked if that could be explored.

Mrs. Webster

said absolutely. Sam Merlino stated it sounded easy, but she thought the most that would be gotten out of it was someone who could answer phones and take notes as to completely cross- train was very difficult. She remembered when her office was a combined office at one time and was split because it was so overwhelming to perform the duties of the Clerk/Recorder/Treasurer Offices.

Commissioner Carbone

stated his concern with people leaving and not being replaced and he believed there were certain organizations that could not do the cross-training.

Mrs. Webster

said she would bring the open positions that were on the last agenda back as they moved forward with investigating this other option. July21, 2015 PUBLIC PETITIONER

Commissioner Carbone

noted there was nothing in the back-up. Andy Alberti, Jr., explained when they originally filed they stated it was a Power Point presentation, but when the application came out in the agenda it just showed as a presentation. They did not know they should have printed it out for the Board. It was a ten minute presentation and Mr. Alberti thought it would be mote productive for the Board to see it.

Commissioner Borasky

asked Mr. Alberti if he had a cost analysis.

Mr. Alberti

stated he did not have that information, but if it was put on the ballot they would have time between now and next November to do all the analysis and provide everything the public needed to know about the issue. Maybe it was not a good idea, and Commissioner Cox had mentioned that she thought maybe the County should be split, but he did not have any information on that either. Mr. Alberti felt if it was not put on the ballot then there was no impetus to investigate the issue.

Mr. Alberti

gave his presentation on moving the County seat noting that the population of Pahrump was ten times that of Tonopah. He outlined how the County seat had been moved over time based on the larger population. He felt having the seat at the population center provided better access to government and having it in Tonopah resulted in higher tax rates, higher overhead costs, opportunities for waste and corruption, less transparency, and ineffective utilization of County employees. He raised his concerns with elections as the machines were stored and votes were counted in Tonopah, recounts were performed in Tonopah, and the absentee ballots were counted in Tonopah without adequate oversight. In addition, the jail in Tonopah was closed but there were 24 deputies in Tonopah. Mr. Alberti thought 12 of those deputies could be transferred to Pahrump and the empty jail leased to some other entity resulting in revenue and additional costs savings. He stated duplicating services was very expensive and consolidating the offices would increase efficiency.

Commissioner Schinhofen

stated NRS 243.465 required a petition for removal of a county seat. He commented that most of Mr. Alberti’s facts were wrong, but most importantly Tonopah had already been cut and Commissioner Schinhofen did not see that moving the County seat would allow the Commissioners to close any more offices as there were people north of Tonopah that needed to be served.

Commissioner Schinhofen

then read NRS 243.465 into the record and told Mr. Alberti to get 60% of the people who voted in the last election who were also property owners, bring it back and the Commissioners would put it on, although he did not believe there was a push to do it. July21, 2015 40. For Possible Action Presentation, discussion, and deliberation to place a referendum on the 2016 General Election ballot to move the County Seat from Tonopah to Pahrump in 2017.-Cont’d.

Commissioner Wichman

stated Nye County was the only county in the United States that provided two separate seats of government because it was the third largest county in the lower 48 states. The only thing moving the County seat did in this day of technology and information systems was the first meeting of the month had to be held in Pahrump and the second had to be held in Tonopah. She added that splitting the County was a constitutional change and that had never happened in the history of Nevada. As far as population, Commissioner Wichman said moving the seat simply because the population was in Pahrump did not hold water. If it did, then the state capital would be in Las Vegas, not Carson City. It also had nothing to do with providing services as that had always been provided to all, but closing all of those services to Tonopah which was centrally located would require people to drive over 300 miles to record documents in Pahrump and there were states where that was illegal. The services had to be within a certain amount of distance from all of the people and that was how they located their county seats. Sam Merlino added that probably 10,000 of the 12,000 votes in the last election were counted in Pahrump. Cles Saunders felt it was a shame that the NRS took away the spirit of one man one vote. He also pointed out that this NRS requited 60%, but a referendum only required 10% and an initiative required 15%.

Mr. Alberti

stated they were advised by the Legislative Council Bureau that the Commissioners had the power to put this on the ballot. The NRS started out by saying county seats may be removed to new locations and the reason for that was supposed to be if the Commissioners refused to put it on the ballot the citizens could.

Commissioner Wichman

said that even if the Commissioners put it on the ballot and everyone voted to change the County seat it would not matter because neither the County nor the Legislature would be able to do that without the process outlined in the NRS being followed.

Commissioner Schinhofen

stated NRS 243.460, relocation of county, said county seats may be removed and new locations selected as provided in NRS 243.460 to 243.490, inclusive, but when all of it was read there was no may.

Mr. Saunders

explained one of the reasons for this was the Tonopah Town Board said at one time that they were thinking about joining up with Esmeralda County.

Commissioner Wichman

said that was all part of the concept of splitting the County because it was too large and the only county in the country that had to maintain two seats of government. The thought was if it had to stay at 17 counties that maybe the July21, 2015 40. For Possible Action Presentation, discussion, and deliberation to place a referendum on the 2016 General Election ballot to move the County Seat from Tonopah to Pahrump in 2017.-Cont’d. north part of Nye County could join with Esmeralda County as they were more like minded and similar, but Esmeralda declined. She said there were also people in Pahrump who understood that even though Pahrump had 82% of the population it did not provide 82% of the tax revenue. People who looked at this with a mathematical mind knew Pahrump would have a problem if they lost Round Mountain Gold, Tonopah Solar Energy, Premier Chemical, and the other industries in the north. She said Mr. Alberti had a good concept where he was trying to save everybody money but unfortunately he was wrong and would not save a dime.

Mr. Cottingim

advised he contacted some other dairy operations regarding the cleaning solution being dumped on site and learned they used it in their waste management program. Nowhere did they try to make compost out of it. He said his whole point was that this was a waste facility, not an ag facility. Also, they had electricity on the property without a permitted septic system. Mr. Coffingim checked with VEA who advised they had a policy that if the property owner signed a statement that no one lived there they would turn the power on, yet there were people living there in a fifth wheel trailer and

Mr. Coffingim

could only assume the human waste was included in the solid waste. He stated he was bringing this forward as more back-up that this was a solid waste facility, not an ag facility, under Section 8.24.

Commissioner Wichman

asked if he was asking the Board to make findings on a different action beyond the nuisance. Mr. Cottingim said yes. If it was a waste facility then make them get a solid waste permit. Maria Ziotek stated that as it was phrased Mr. Coilingim was asking the Board to take whatever action they may have available for enforcing Nye County Code 8.24. Any July21, 2015 41. For Possible Action Discussion and deliberation regarding enforcement of Nye County Code 8.24 Solid Waste Management Violations on APN # 021-441-11, 2712 E. Cook Road, Amargosa Valley. NV 89020.-Cont’d. violation of that chapter is a misdemeanor enforced either through a criminal complaint through the District Attorney’s Office based on a complaint through the Sheriffs Office or through the issuing of a citation by the Sheriffs Office. She advised they had been in contact with Darrell Lacy about enforcement of 8.24, but the Board also had the ability to have an agenda item brought forward to direct the District Attorney to move forward with injunctive relief.

Ms. Ziotek

then reviewed how the Board had issued the County to abate this property as the nuisance was defined at that point, which was what existed at the point of the testimony. At the present time her office was awaiting a signed order from the Fifth Judicial District Court as an administrative entry and seizure warrant was needed to allow the County to go onto private property to seize the matter and abate the nuisance as directed. Ms. Zlotek said the Board could bring forward another complaint to cease the continuation of the new nuisance of new dumping or an item for injunctive relief to stop future dumping. She advised Mr. Cottingim to contact the Sheriffs Office so it could come to the District Attorney’s Office to bring a criminal complaint and/or bring an agenda item to ask for injunctive relief.

Mrs. Ziotek

added that as soon as they got the administrative entry and seizure warrant to abate the nuisance as described then they would coordinate. They had asked for a 90-day period to either seek quotes to abate those piles as they existed at the time of the Board’s order or they would have to go through a bid process if the estimated amount was past $25,000.00.

Commissioner Wichman

said she was beginning to think this was more criminal than a misunderstanding and she really did not want to say anything because of the legal ramifications of all of this. She cautioned Mr. Sefflemeyer that since this was taking a tone of a criminal nature that he may not want to say anything. Steve Seftlemeyer explained that last week they hired an attorney who submitted an application to postpone this so he could be here and keep it from becoming legal. Yesterday they did not receive a response to whether this item was going to be on the agenda. Mr. Lacy told him the item had been withdrawn at 3:30 p.m. yesterday afternoon so they had told people not to come because they had gotten the extension.

Commissioner Schinhofen

said he was asked by the Parks and Recreation Board to announce that they meet the third Wednesday of every month in the Bob Ruud Center at 6:30 p.m.. He added they heard the Binion thing two meetings ago and

Commissioner Schinhofen

had nothing to do with that. Commissioner Schinhofen also stated he was against splitting the County as there would always be north versus south. Sam Merlino said that tomorrow she was going to Reno for an election equipment demonstration. As of 2016 the State’s contract with the current vendor ends and while she did not know what would happen, Mrs. Merlino advised the counties may be responsible for purchasing and maintaining their own equipment as the HAVA funds were gone. The equipment was from 2004 and was being maintained, but it was expensive.

Commissioner Wichman

adjourned the meeting. APPROVED this . day ATTEST: Of Ojct?j. i} ,2015. Vq’ &c-) Nye)Coih,t Clerk / Deputy