October 6, 2015

Commissioner Borasky

was present via telephone.

Commissioner Wichman

said under item 7 on the September 1, 2015, minutes, the Nevada Newsmakers were in Reno, not here. In the same minutes under item 14, she clarified that the graveling in Sunnyside was on the road out to Sunnyside, not around the houses, and it was the Nye County Weed Control, not the Nye County Triparty Weed Control as stated by Dave Fanning. She then mentioned she did not see where items 27 and 28 were corrected when Lorina Dellinger advised the Commissioners the public hearing date was inaccurate.

Commissioner Carbone

made a motion to approve the minutes of August 24, 2015, and September 1, 2015, with the corrections noted; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

said he was asked to join the Peavine Pickers on the 1 7th at the Mizpah and he would come up for that.

Commissioner Carbone

said the peace officer review interviews were scheduled for next week. October 6, 2015

Commissioner Wichman

said last week they were notified the new State Directo r for the BLM was John Ruhs, which was wonderful news for Nye County and Nevada. Sandra Merlino advised the Board the Secretary of State was doing a voter clean-u p, including a state cross check of voter registrations. Many notices would go out to residents who may have moved and she asked the public to return any voter information they received in the mail so the records could be updated.

Commissioner Schinhofen

said he was at the NACO conference last week where he spoke with some of the Clark County Commissioners and cleared up some misinformation they had about fireworks. In one of the classes they talked about body cameras for peace officers and how in the next legislative session it would probab ly be mandatory for everybody. Since there were a lot of costs and IT concerns, he asked the Sheriff to meet with the County IT people and staff to get ahead of it.

Sheriff Wehrly

advised she was already looking at it. She had met with TASER and a couple of other companies. Their biggest problem was the data storage, which IT had been looking at, but it was going to be really expensive. Pam Webster advised they were also looking for grants.

Commissioner Schinhofen

stated the lights at the skate park in Pahrump should be on the Park and Recreation agenda soon. Regarding flood control, he noted the previo us board approved a valley wide flood plan with a $350 million price tag. He though t one of the things that could be done was culverts at the Wheeler Wash area, but it would take money. Commissioner Schinhofen said he would like to have a question on the next ballot about bonding this. He had also mentioned to Darrell Lacy to look at dropping one of the impact fees and making it for flood control.

Commissioner Carbone

suggested having someone from Valley Electric Associ ation at the Park and Recreation meeting regarding the skate park as they had come up with a price of about $129,000.00.

Commissioner Wichman

discussed the 90-day hiring freeze and the effect she recently learned that had on one particular employee in Tonopah. She made a plea to the County employees and staff to talk to her anytime with any kind of concern or comment they had. October 6, 2015 TIMED ITEMS

Commissioner Cox

asked where and when they intended to have the workshops.

Ms. Price

stated wherever they were needed and if Commissioner Cox wanted to have one in her neighborhood she should let them know. There would obviously be some in October 6, 2015 10. 10:30 Update by BLM Ely District Manager Michael Herder and acting Monument Manager Linda Price on the Basin and Range National Monument and preview “next steps” in developing the management plan.-Cont’d. the gateway communities as well as location based scoping meetings. Ms. Price thought it would be a great idea to start having them at the beginning of the year.

Commissioner Wichman

opened the public hearing. Dwight Lilly wondered what benefits a gas tax increase would have to the Nye County residents. Louis DeCanio stated his disagreement with taxing the people to solve problems. If the Commissioners wanted to increase the amount of money available to fix the roads, he suggested they make Pahrump and Nye County a little more business friendly as businesses created jobs which created taxes and created a better way of life for everyone. John Bosta said he was on a fixed income and this increase would cost him $32.00 a year. He thought the increase did not consider the people on fixed incomes and recommended the Board reconsider increasing the gas tax. Cameron McRae said he supported this issue. He pointed out it was not for salaries and benefits. It was for road improvements within the County and there was not a community in the County that would not benefit from it. He did not believe it was an undue burden to any person who used any road in any community throughout the County. Bill Stremmel, a Pahrump resident, stated the temporary disruption and lasting erosion from Sunday’s half inch of rain should be a wake-up call to the deficiencies in runoff infrastructure. If funds were limited to new construction it should not be maintenance intensive so the full benefit of flood relief could be realized. He urged the Board to go for the full five cent increase as it was an investment in the future. Trevor Dolby from the Amargosa Town Board pointed out the truck stops in the County were in Amargosa, Beatty and Tonopah so when fuel tax was collected to maintain roads most was on State highways and federal roads. He was not advocating for or against the tax, but Mr. Dolby wanted an acknowledgment that the net flow of this money was from the rurals to Pahrump. October 6, 2015 11. 10:45— For Possible Action Public hearing, discussion and deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2015-12-Cont’d. John O’Brien was in favor of the five cent tax, but was not in favor of some of the ways the money had been used. He said the problems with the roads started with drainage and soil. When the proper drainage was not done for projects it only continued to waste tax dollars with substructure failing under the roads. John Koenig, an RTC member, advised the last numbers he looked at regarding gasoline pumpage showed Pahrump was slightly higher than the total in Nye County. Horace Carlyle supported the five cent a gallon increase and encouraged in future legislation to look at supplementing road tax money with alternative fuel tax money. Erika Gerling, a Beatty citizen, said she was in favor of the increase in the fuel tax and would like to see a plan for the scope of work from the increased revenue.

Commissioner Wichman

closed the public hearing.

Commissioner Schinhofen

noted the RTC heard this a few times and asked John Koenig if he now approved going to the five cents.

Mr. Koenig

stated he made the motion for three cents because that was in the middle of the range and would allow the Board to go higher or lower. He also did that because he wanted to see a 5-0 vote and did not know if he could get that at five cents. He said he would like five cents if that was what the Board wanted to do.

Commissioner Schinhofen

made a motion to approve increasing it to five cents more a gallon, taking it to nine cents, and any increase after that could only be accomplished by a vote of the people, with an effective date of October 26, 2015; seconded by

Commissioner Carbone

said in the future fuel efficient and electric cars would have to be looked at as there was a loss of gas tax revenue with those.

Commissioner Borasky

said about 80% of the people he talked to were in favor of this. He knew some people were not, but this was sorely needed for Nye County and he supported it.

Commissioner Cox

asked about the distribution between the highway department and the towns and the difference that went to Pahrump versus the outlying towns. Pam Webster explained this went to the RTC Fund 10207 in its entirety and the RIC would select the projects to use the money for.

Commissioner Cox

asked if it would go to all the state roads or be divided evenly between the towns. October 6, 2015 II. 1 0:45 For Possible Action Public hearing, discussion and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2015-12-Cont’d.

Commissioner Wichman

pointed out it did not go to any state highways. It went strictly to County roads the County department worked on.

Commissioner Cox

thought it was a bad time to raise taxes, but she did not see any other way to get the money.

Commissioner Wichman

noted she received 44 e-mails and letters and only two were against it.

Commissioner Wichman

opened the public hearing. John Bosta wanted to know the names of the special revenue funds, if they were the funds invested from the Yucca Mountain money, and where the funds were going. Amy Fanning listed them as Fund 10301, Special Projects Endowment; Fund 10302, Education Endowment; Fund 10303, Health Endowment; Fund 10304, Emergency Endowment; and Fund 10493, Capital Projects Endowment.

Commissioner Wichman

said the money was from the PElT funds and a decision had not been made yet as to where it would go, but she would like to see it go to pay off debt. Cameron McRae, a former County Commissioner, said these funds were created in early 2000 as a vision to make every effort to keep funding available in the County when the federal projects they originated from vanished. He hoped the Board would see the wisdom of the interest in these funds regardless of the lean times. Regarding the education endowment fund, Mr. McRae stated they assured the School District that the Commissioners would not abandon the thought of the School District having a fund in perpetuity to use for the benefit of education in the County. Mr. McRae asked that the Board reconsider leaving that fund intact so it could continue to be used with appropriateness for the education of students throughout the entire County and district. October 6, 2015 12. 10:45 For Possible Action Public hearing, discussion and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2015-13-Cont’d. Dwight Lilly thought it was shortsighted of the Commissioners to panic because of the financial situation and take funds away from future generations. It seemed to him that the County jumped from one crisis to another without addressing shrinking the government down. Amy Nelson felt this was a double-edged sword. The County was broke and these funds would help at least make it even, but it did put the County in debt in the future. She worried about where the money would come from if the same issues existed in 2017 and 2018. She thought the better alternative would be to freeze wages for a while. School District Superintendent Dale Norton opposed repealing the Code for the use of special revenue funds. He noted the interest from the educational endowment fund was to be distributed to the School District for use on things other than salaries and benefits. That money had been used for Dollars for Scholars as well as for the purchase of text books, computers, and upgraded technology. Future plans included assisting financially in adoption of a new district English language arts curriculum along with computer upgrades and replacements. Mr. Norton hoped the Board would consider the students of Nye County and safeguard or preserve the educational endowment fund. Erika Gerling read a letter stating the Beatty Town Advisory Board understood the emergency fund established under Chapter 3.28.020.b.2 had been accessed by Nye County for the purpose of interfund loans three times since September, 2014. It was the opinion of the Beatty Town Advisory Board that it was not reasonable to make a decision to repeal the Code until the funds were made whole and a detailed accounting was made available for public review. Ms. Gerling stated at this time they did not support an action that appeared to remove the funds and did not believe it was in the best interests of the citizens of Beatty and Nye County to approve Bill No. 2015-13. She noted there may also be an issue with NRS and NAC as to how the interfund loans were conducted.

Commissioner Wichman

closed the public hearing

Commissioner Schinhofen

pointed out what the Board was voting on today was to repeal the ordinance, not where the money was going to go or how it was going to be used.

Commissioner Wichman

said that was not exactly accurate as the bill could be adopted, amended and adopted, or rejected. She said she had been a proponent of keeping the PETT funds intact, but noted that no disbursements from the education endowment fund had been done in quite some time. She then asked Amy Fanning how much interest the County was paying on the jail loan. October 6, 2015 12. 10:45 For Possible Action Public hearing, discussion and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 201 5-1 3-Cont’d.

Mrs. Fanning

advised the County was making payment on the interest on the jail loan at the rate of $1.2 million, but there was a subsidy from the IRS for $400,000.00, so for FY16 it was $865,000.00.

Commissioner Wichman

pointed out the interest on the endowment funds was right around $1 50,000.00, about $70,000.00 or $80,000.00 of which went to the School District. The County was spending $865,000.00 in interest on the jail, which was why she went along with any conversations about repealing the endowment fund. She noted the Governor just took care of the educational needs in a big way and she did not believe anything was being taken away from education. General operations was not what the intent was, but it was Commissioner Wichman’s opinion that the intent today was simply to reduce that debt and slow down some of the bleeding in Nye County in the future.

Commissioner Cox

was concerned about the interest rate. With the County receiving 1% on its money and paying out 4% it did not make sense to her to not do something with the funds for the benefit of the taxpayers. Commissioner Cox said her understanding was it was not taking all the money out of the emergency funds. There would be more money coming in and money would be left.

Commissioner Borasky

said he wanted to look at all the figures once the fund was abolished to see where the money would go and how effective it would be before any further action was taken. Pam Webster explained that rescinding the ordinance did not take any action to move money from any fund. The effective date would be October 26, 2015, which would allow for a discussion of the funds balances on October 20, 2015, if the Board directed herto do that.

Commissioner Wichman

asked Dan McArthur about comments made during public comment that there may be some questions about the legality of doing this and if the endowment funds were restricted by State law. Dan McArthur stated the endowment funds were restricted by the ordinance being discussed, not by an NRS or federal law. He then explained how the Government Accounting Standards Board (GASB) set the rules on how financials were supposed to be prepared and accounting was supposed to take place for local governments. A few years ago there was a change in the definition of a special revenue fund, which said a special revenue fund could only exist for a local government from a GASB point of view if that fund had a specific revenue source to be used for a specific purpose; otherwise it had to be rolled into the general fund. As the new ruling indicated interest did not count as a specific source, Mr. McArthur contacted GASB and was advised that the fund balance carry forward was deemed a source of revenue so the funds could continue to October 6, 2015 12. 10:45 For Possible Action Public hearing, discussion and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2015-13-Cont’d. exist, but only if there was an overriding rule by this Board that the money could only be used for a specific purpose. Mr. McArthur advised the step today would be to rescind the ordinance and eliminate the restriction on the money and then at a future date make a decision on the use of that money. If that decision was not made then per GASB it had to be accounted for in the general fund. Mr. McArthur noted several of his clients chose to have a special revenue fund still exist internally, but for budget and outside reporting purposes they combined them into one fund.

Mr. McArthur

further explained that the endowment capital project fund was not a special revenue fund, although the ordinance identified it as such. It was set aside to be used specifically for capital projects while the other funds were not driven that way. The NRS indicated money in a capital projects fund could only be used for a capital project and/or debt service on a capital project so even if the ordinance was eliminated today from his perspective that would remain a capital projects fund. If the money was diverted into the general fund and a decision was not made as far as use, inside the general fund the Commissioners still had the ability to commit those monies for a specific purpose and count it as a committed fund balance. Angela Bello advised the effective date of this ordinance would be the latest the Board would have to determine what happened with these funds under the statutes since the ordinance created the fund. When the ordinance repeal took effect that fund disappeared so she thought it would just roll over into the general fund.

Commissioner Schinhofen

made a motion to adopt Nye County Bill No. 2015-13 with an effective date of October 26, 2015; seconded by Commissioner Carbone; 5 yeas. The Board was in recess until 1:30 p.m. October 6, 2015 PLANNING/BUILDING

Mr. Brooks

said the project would be built using 100% southern Nevada labor with quite a few workers on site coming from Pahrump. He described the community solar program, which would allow them to offer the off take of the project directly to VEA customers.

Commissioner Schinhofen

asked if most of the contractors and labor would come out of Las Vegas.

Mr. Brooks

stated at least 70% would come from Las Vegas as it was a specialized construction. He pointed out how the 30-year fixed low cost contract was good for all VEA members, including Nye County and Nye County agencies like the School District and the Sheriff’s Office. Additionally, VEA had an option to buy and own this plant after the federal tax attributes had been fully realized and VEA members could eventually be the owners of the entire plant, not just the land. There would be permanent operations and maintenance employees in Pahrump. Mr. Brooks felt this project would showcase the development opportunities in Nye County for other developers and said VEA looked forward to continuing to work with Nye County on this and other projects.

Commissioner Borasky

said he did not quite understand how it could belong to the community.

Mr. Brooks

explained that VEA was a co-op and as such was owned by its members, the majority of which lived in Nye County. October 6, 2015 43. For Possible Action Discussion and deliberation to consider and make a recommendation to the Director of the State of Nevada Governor’s Office of Energy on the Nevada Valley Solar Solutions II tax abatement application-Cont’d.

Commissioner Wichman

asked how much more per kilowatt hour VEA would have to charge for what they were producing if the abatement was not granted and if the project would still go forward.

Mr. Brooks

did not know if it would be financially feasible for them to do the project for the cost they were offering, but he said the cost of the electricity would go up. As far as the project moving forward without the abatement, they would have to renegotiate the off take agreement with the developer and see if it made sense for both of them and their members.

Commissioner Carbone

asked if VEA could do something with the County similar to the package deals that had been done with other solar projects.

Mr. Brooks

stated they originally asked the County if a development agreement was necessary and he thought the initial indication was it was not so they did not get involved in one, but they were open to conversations on anything to move forward with the development of this.

Commissioner Schinhofen

asked if Nye County wanted 20% then it would pay a certain amount up front to buy in to the field. Mt. Brooks said they would offer the opportunity through an agreement with their members to reserve some capacity from the plant where a portion of that would go to that individual member and they would have a direct contract for the off put from that plant by reserving capacity out of that plant.

Commissioner Schinhofen

noted one worksheet said it was a 20 year summary and showed total taxes due of a little more than $7 million and the taxes after abatement were shown as $3200,000.00. That told him $3.8 million would be abated over 20 years. Pam Webster clarified the project would be abated $3.9 million for property taxes alone. Nye County’s portion of that was $1.5 million. There would also be a sales tax abatement.

Commissioner Carbone

wanted to know if the project could go forward if it was not abated. He also wondered if they had a time limit or if this could be done at the next session so they could bring back some of the information the Board was looking for. Darrell Lacy, Planning Director, advised there was no time to continue the item. The only option would be to deny it today and negotiate further with Valley Electric and the developer so they could come back at a future date and apply for the abatement. October 6, 2015 43. For Possible Action Discussion and deliberation to consider and make a recommendation to the Director of the State of Nevada Governor’s Office of Energy on the Nevada Valley Solar Solutions N tax abatement application-Cont’d.

Mr. Brooks

did not know if he could get the answers for the Commissioners as quickly as they would like as it would be a renegotiation of a 30 year power purchase agreement, but he would try.

Commissioner Borasky

understood that if the Board did not take any action the Governor would abate it for the County. He wanted to know what the life span of the panels was and if the members of the co-op had to pay for their replacement.

Mr. Brooks

advised the life span of the panels was a minimum of 30 years. They really did not have clarity on what their usable value would be after that, but the replacement of the modules would be part of the contract. The power plant would change the modules as needed so the off taker was not on the hook for any of that expense. Bo Balzar from Bombard Renewable Energy stated he was responsible for the construction and delivery of this project, and he was also responsible long term for the energy to be delivered to the project so there would be no change orders or cost impacts to Valley Electric. He expected to use people almost exclusively out of Pahrump for materials and services. In addition, any services he needed to fulfill would be from Pahrump service providers and consumables used on the site would be purchased from Pahrump. Dwight Lilly felt there was a lot of detail lacking in the presentation and that the County was not in the financial situation to be handing out tax abatements without some firm figures. He suggested it come back after it was ironed out as giving up taxes when the tax revenue was needed right now did not make sense based on what had been presented.

Commissioner Wichman

explained that even though they were bringing this to the Board of County Commissioners this was a State granted abatement. During the last legislative session some of the NRSs were changed to give the County an opportunity to weigh in on some of the tax abatement applications. The County had 30 days to respond from the time the State received their application, so this was time sensitive and not a decision made solely by Nye County. John Bosta asked what it would cost the regular users of the cooperative. His understanding was the Legislature put a 3% cap on solar projects, which meant there would be no solar projects because the cap had already been reached. Secondly, he wondered what the cost of a kilowatt through the solar project was as the user would have to make up the difference between the solar cost and the regular cost. Finally, he asked what the benefit to the cooperative regular users would be as the entire County would not be able to use this product. October 6, 2015 43. For Possible Action Discussion and deliberation to consider and make a recommendation to the Director of the State of Nevada Governor’s Office of Energy on the Nevada Valley Solar Solutions II tax abatement application-Cont’d. As far as the 3% solar energy cap, Mr. Brooks believed Mr. Bosta was speaking of the 3% net metering cap passed by the Legislature, which did not apply to VEA as it was a cooperative electric utility. On the cost of a kilowatt hour, he said it was not a premium that would have a cost impact to the members of VEA. The price of solar today was at such a point that it was competitive with every other type of energy in VEA’s power portfolio. Mr. Brooks advised their primary reason for doing this was to secure a long, term low cost energy for all of their members, including their members in Nye County.

Mr. Bosta

stated that did not answer the question of what the regular user would have to provide to make up whatever that cost was and asked the Board to take that into consideration.

Mr. Brooks

said it would be at a savings, not a premium, and that was the only thing they had definitive right now as they make up their policies and procedures for the community solar program.

Commissioner Cox

asked if this was definitely a for-profit business.

Mr. Brooks

explained the owner-developer was a for-profit company and they had a tax liability as a result of that which allowed this to be possible, but VEA was a member owned cooperative utility and was not for-profit.

Commissioner Cox

thought the County needed the money worse than the project did, especially when the Commissioners were talking about raising taxes. She did not support giving this money away. Pam Webster asked what the full-time head count would be to operate the facility once it was constructed and in production.

Mr. Brooks

stated initially several people would be working on it as there would be several different points of monitoring. After that initial period of four or five years then the ongoing operation would be one or two people.

Mrs. Webster

stated she was not opposed to the project, but from an economic development standpoint the County would trade a sizable tax abatement for not a lot of jobs. Secondly, she wanted to make sure the Commissioners realized they could recommend approval of the property tax abatement, or the sales tax abatement, or both, or neither.

Commissioner Wichman

pointed out to the Commissioners that they may only deny an application if they determined based on relevant information that (1) the project cost of the services that the local government was required to provide for the facility would October 6, 2015 43. For Possible Action Discussion and deliberation to consider and make a recommendation to the Director of the State of Nevada Governor’s Office of Energy on the Nevada Valley Solar Solutions II tax abatement application-Cont’d. exceed the amount of the tax revenue the local government was projected to receive as a result of the abatement or (2) the projected financial benefits that would result to the County from the employment by the facility of residents of the State and from capital investments by the facility in the County would not exceed the projected loss of tax revenue that would result from the abatement.

Commissioner Schinhofen

asked if they would have to go to Public Works and Planning before they built this.

Mr. Brooks

advised they were currently in that process and would have to do road improvements if needed. He also confirmed they volunteered to enter into a development agreement.

Commissioner Wichman

said that could not be made a requirement.

Commissioner Schinhofen

made a motion to approve the tax abatements as presented; seconded by Commissioner Carbone with the condition that they were going to help with the power requirements for the community. Angela Bello advised the NRS did not allow conditions for approval. She felt the Board was getting dangerously close and the idea they were volunteering it because they felt like they needed to volunteer it was a little sketchy right now.

Commissioner Schinhofen

restated his motion to approve; seconded by Commissioner Carbone.

Mr. Lacy

advised the approval could not be conditioned on something not directly related to the operation of the facility, but a development agreement was typically mitigation for a facility and most of the things involved in it were directly related to the facility. If this was going to be contingent upon the development agreement Mr. Lacy felt an agreement with VEA and the developer should be reached as to what should go in that development agreement as it would be difficult to do after this was approved.

Commissioner Wichman

felt the name of the district needed to be changed to eliminate hospital, but she wanted everyone to be aware it was the Nye County Board of County Commissioners that would establish an advisory board to help them with the decisions.

Commissioner Carbone

added this was just to framework a district advisory board. There were no selected people at this point in time and some of the Commissioners could be on it as well.

Commissioner Wichman

did not understand why the Commissioners would want to advise themselves. This was to establish an advisory board to advise the Commissioners until an operating district board was in place that was not the Board of County Commissioners. She stated her preference for someone from the financial field, the hospital administration field, the medical profession that actually administered medical help to people, and possibly someone from the emergency medical management field. Angela Bello pointed out the Commissioners were now sitting as the Board of County Commissioners, not as the Ex Officio Board of Trustees for the Hospital District. She questioned whether they were trying to create an advisory board for the Board of County Commissioners in relation to what was going on up north with the hospital or if they were trying to create an advisory board for the Ex Officio Board of Trustees.

Commissioner Wichman

stated that until they had this hospital district up and established the Commissioners could put a board in place that was not them to guide them through it.

Commissioner Schinhofen

made a motion to put together an advisory committee with a doctor, a hospital administrator, someone from financial, someone who had worked in emergency medical services, and someone from the public at large; seconded by

Commissioner Carbone

. October 6, 2015 24. For Possible Action Discussion and deliberation to establish a Northern Nye County Hospital District Advisory Committee.-Cont’d. Amy Nelson remembered when the Commissioners put themselves on the board for the hospital district. Now that the hospital was closed and there were some issues they wanted to have another advisory committee to advise them on what they should already be aware of. She stated she was totally against having another advisory committee. John Bosta wanted to be sure “northern Nye County” meant the area north of Beatty and that Beatty and Amargosa were not included in the district. He also asked if those people were responsible on their taxes to pay back the loan.

Commissioner Wichman

said that was correct.

Commissioner Wichman

asked the Commissioners to present their evaluations and give them to Danelle Shamrell at the end of the meeting. She then pointed out this was the only personnel issue ever done in a public setting as Pam Webster worked for the Board and the Board could not meet and do an evaluation on an employee unless they were sitting as the Board. Therefore, only the Board of County Commissioners would be allowed to speak on this matter. The Commissioners each presented their comments on their evaluation forms and all stated Mrs. Webster met or exceeded their expectations in all categories.

Commissioner Borasky

was not present.

Commissioner Schinhofen

made a motion to ask the County Manager if she was willing to continue her contract. Angela Bello advised the Board to take public comment since they were approving and extending a contract.

Commissioner Schinhofen

pointed out the Open Meeting Law required public comment before and at the end or on every item. The Board did not have to take it on every item and decided to not take it on this item. October 6, 2015 26. For Possible Action Discussion and deliberation to provide the County Manager with an evaluation as required by NRS 241.031 (b) and to ascertain the County Manager’s willingness to extend the existing contract, amend and extend the contract or for the board to prepare for the loss of the contract.-Cont’d.

Ms. Bello

noted it also said items on the agenda could not be addressed in general public comment so people may have been misled during general public comment.

Commissioner Wichman

said they could take public comment simply on the contract, but absolutely no public comment would be taken on the person subject to the personnel issues because that was where she had a problem. Amy Nelson hoped that Mrs. Webster would renew this contract. Erika Gerling asked if it would be the same contract dated March 21, 2012.

Mrs. Webster

said she would consider renewing the contract and it did not need to be changed.

Commissioner Schinhofen

made motion to approve the County Manager’s contract.

Mrs. Webster

advised her contract ended December 31, 2015, and was for two years. She would be willing to sign another two year contract.

Commissioner Schinhofen

clarified her contract was being extended as is for a two year period. 25. For Possible Action Discussion and deliberation to appoint an alternate member to the Noxious Weed Management Program Board.

Commissioner Wichman

explained that even though in seven years an alternate has never had to show up at the these meetings as she attended all of them, because of the bylaws there had to be something from the County naming an alternate.

Commissioner Schinhofen

made a motion to appoint Tim Carlo; seconded by

Commissioner Carbone

. Pam Webster asked if the plan at NACO to appoint a natural resources person who could help throughout all the rural counties ever happened and if that person could represent the County on this. October 6, 2015 25. For Possible Action Discussion and deliberation to appoint an alternate member to the Noxious Weed Management Program Board.-Cont’d.

Commissioner Wichman

advised the person started on August 24, 2015, which was the same day the County lost Levi Kryder. Her name was Tori Sundheim and

Commissioner Wichman

thought she could represent the County.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. SHERIFF 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2015-32: a Resolution authorizing the Nye County Sheriff to dissolve the Tonopah Jail and Pahrump Jail Commissary checking accounts and establish a Nye County Jail Commissary checking account through Nevada State Bank.

Commissioner Schinhofen

made a motion to adopt and set up an account with Nevada State Bank; seconded by Commissioner Carbone; 4 yeas. Angela Bello advised she had spoken with David Burochowitz about this because the jail had to have a separate account. They discussed the how many people would go through the holding cell and how long they would be there. Her understanding from that discussion was that it was a very brief period of time. She was also concerned that if they were not separated then whatever came out of the commissary may not cover the account fees charged by the bank. TREASU RER 28. Treasurer’s Report The report was in the back-up.

Commissioner Carbone

noted the need to make sure the monthly meetings were set up and asked Amy Fanning if she had gotten any feedback yet. Mrs. Fanning said she had reached out to Richard Biliman yesterday and would follow up. October 6, 2015 EMERGENCY MANAGEMENT 29. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No. 2015-27: a Resolution authorizing the donation of certain county property to certain nonprofit organizations.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Carbone; 4 yeas. 30. For Possible Action Discussion and deliberation to surplus and dispose of excess Nye County vehicles that are no longer in use.

Commissioner Schinhofen

made a motion to surplus items no longer in use; seconded by Commissioner Carbone; 4 yeas. FINANCE 31. For Possible Action — Discussion and deliberation regarding RFP #2015-05 — SC800 Cold Mix.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. 32. For Possible Action Discussion and deliberation to: 1) authorize Invitation to Bid and Bid No. 2015-07, Property Abatement of Nuisance located at 2712 E. Cook Rd., Amargosa Valley, Nevada; or 2) direction to staff on an alternative path forward.

Commissioner Carbone

made a motion to approve the Invitation for Bid using 2015-07, property abatement nuisance, and give direction to staff to find an alternate path forward; seconded by Commissioner Schinhofen.

Commissioner Carbone

thought the Board needed to move forward to go after these guys. They were told to stop and they were still bringing material on the property. Angela Bello explained the statute provided two alternative means. The Board took one and the other one was court. If her office found it was permissible to take the court step after the Board had already taken the first step, then it would be a court proceeding and it would be like the first action never occurred.

Commissioner Carbone

asked if a letter should be written telling them the next step may be court as they continued to bring materials in, including grease materials that could be considered solid waste. Darrell Lacy stated they collected samples but had not sent them out for testing since there was general trash and other things there that were more than just the plant October 6, 2015 32. For Possible Action Discussion and deliberation to: 1) authorize Invitation to Bid and Bid No. 201 5-07, Property Abatement of Nuisance located at 2712 E. Cook Rd., Amarposa Valley, Nevada; or 2) direction to staff on an alternative path forward.-Cont’d. material they had represented it to be. One question he had was when the nuisance was declared it was only for the first pile. They had four piles now so he was a little uncertain as to whether the County could move forward with an REP to clean up all four or only the initial pile that was declared a nuisance.

Commissioner Wichman

asked Ms. Bello if the Board should ask the Sheriff to pursue something or her.

Ms. Bello

stated there was nothing to pursue. This Board issued an order to abate which would be a lien on the property and collected when the property was sold if the County abated it. As far as stopping them from bringing more material on the property, she suggested filing the nuisance complaint in court seeking to have it declared a nuisance and in the meantime filing for injunctive relief to temporarily stop the hauling until the court made a determination as to the nuisance.

Mr. Lacy

advised the applicant originally applied for a solid waste permit. When it came in front of the Board the applicant said the materials they were bringing on site did not need a solid waste permit. After Planning’s inspection Mr. Lacy felt there were materials being brought on the site that did require a solid waste permit so in addition to a nuisance they would also be required to have a solid waste permit if that was an alternative means the Board would wish to move forward with.

Ms. Bello

stated if that was the case then the Board could issue an order to immediately cease and desist as they were in violation of the County’s permit requirements and seek an injunction on that if they did not comply.

Commissioner Wichman

questioned authorizing an invitation to bid to possibly find out the County could not do it. Pam Webster said the abatement was expected to be over $50,000.00 and thought to ask people to bid that it was only fair to identify a funding source since the only source of recovery was a levy on the property if and when it sold.

Commissioner Schinhofen

withdrew his second.

Commissioner Carbone

withdrew his motion.

Mrs. Webster

said staff would move forward with an alternative approach.

Sheriff Wehrly

suggested looking into the aspect of the fact that they did not have a license to haul. October 6, 2015 33. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections and possible actions. Amy Fanning said the very last page of the presentation was a breakdown of fiscal years 2015 through 2017. More revenue was collected in 2015 than she initially thought would be in CIAX and fines. Right now 2016 was looking balanced, but 2017 would still have an issue because of net proceeds not being received.

Commissioner Schinhofen

pointed out the 82 positions that had been eliminated since FY2007 to present. Pam Webster advised they would bring back some information on the abatement showing how Nye County had performed in that area and how the cap on the tax bills had fluctuated during the same time frame. H/R AND RISK MANAGEMENT 34. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position #85010-015 in the Pahrump Detention Office.

Commissioner Schinhofen

made a motion to approve items 34-37 as stated in back-up; seconded by Commissioner Carbone; 4 yeas. 35. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position #85010-047 in Pahrump Detention Office.

Commissioner Schinhofen

made a motion to approve items 34-37 as stated in back-up; seconded by Commissioner Carbone; 4 yeas. 36. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position #85010-062 in the Pahrump Detention Office.

Commissioner Schinhofen

made a motion to approve items 34-37 as stated in back-up; seconded by Commissioner Carbone; 4 yeas. 37. For Possible Action Discussion and deliberation to approve filing one vacant Deputy Position #85010-036 in the Pahrump Sheriffs office.

Commissioner Schinhofen

made a motion to approve items 34-37 as stated in back-up; seconded by Commissioner Carbone; 4 yeas. 38. For Possible Action Discussion and deliberation to approve filling one vacant Deputy Position #85010-052 in the Pahrump Sheriffs office.

Commissioner Schinhofen

made a motion to approve items 38-40; seconded by

Commissioner Carbone

; 4 yeas. October 6, 2015 39 For Possible Action Discussion and deliberation to approve filling one vacant Dispatcher Position #10022-022 in the Pahrump Sheriff’s office.

Commissioner Schinhofen

made a motion to approve items 38-40; seconded by

Commissioner Carbone

; 4 yeas. 40. For Possible Action Discussion and deliberation to approve filling one part time Office Assistant in the Pahrump Sheriff’s office.

Commissioner Schinhofen

made a motion to approve items 38-40; seconded by

Commissioner Carbone

; 4 yeas. 41. For Possible Action Discussion and deliberation to approve filling one part time Justice Court Assistant Position # 02005-002 in the Pahrump Justice Court.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 42. For Possible Action Discussion and deliberation to approve the Foreman job description and advertise and fill the approved position. Pam Webster said this was due to the reorganization in Buildings and Grounds.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox; 4 yeas. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 16. For Possible Action Approval to accept a 2015-SMART-12 grant award from the Office of the Attorney General to provide overtime funding for officers to increase local sex offender compliance registration and accountability.

Commissioner Carbone

made a motion to approve items 16-20; seconded by

Commissioner Cox

; 4 yeas. 17. For Possible Action Approval to accept the: (1) FFY 2016 Grant Award from Aging and Disability Services Division (ADSD) to provide congregate meals to the Amargosa Valley, Beatty and Tonopah Senior Centers; and (2) the corresponding Business Associate Addendum (BAA).

Commissioner Carbone

made a motion to approve items I 6-20; seconded by

Commissioner Cox

; 4 yeas. October 6, 2015 18. For Possible Action Approval to accept the FFY 2016 Grant Award from Aging and Disability Services Division (ADSD) to provide home delivered meals in Amarosa Valley, Beatty and Tonopah.

Commissioner Carbone

made a motion to approve items 16-20; seconded by

Commissioner Ccx

; 4 yeas. 19. For Possible Action Approval to accept the Grant Award from Division for Aging Services for Nutrition Services Incentive Program (NSIP) to provide commodity food funds for the nutrition program in Amargosa Valley, Beatty and Tonopah Senior Centers.

Commissioner Carbone

made a motion to approve items 16-20; seconded by

Commissioner Cox

; 4 yeas. 20. For Possible Action Approval to accept the Community Services Block Grant (CSBG) award to provide assistance for Nye County’s very low to low- income population. These programs include, but are not limited to, rent, utility, food, transportation, childcare, employment incentives for both adults and youth, Meals on Wheels Program provided through the Senior Center, etc.

Commissioner Carbone

made a motion to approve items 16-20; seconded by

Commissioner Ccx

; 4 yeas. PUBLIC WORKS 44. For Possible Action Discussion and deliberation to approve the Nevada Department of Transportation (NDOT) request for the use of the County leased Pole Line Road gravel pit for the manufacture and staging of approximately 8,100 tons of chips for two (2) upcoming State chip seal projects.

Commissioner Schinhofen

said he would like to see NDOT be as forthcoming when the County asked to use their pit because there had not been that kind of cooperation in the past. Dave Fanning, Public Works Director, agreed there had been problems in the past in getting in to their pits. This happened to be a case where there was a contractor in the County pit right now which was why this letter was written. He gave NDOT accolades for the support they gave the Town of Tonopah in the slime wash area and thought that went a long way toward being a good neighbor.

Commissioner Schinhofen

asked if a maintenance agreement was needed with them.

Mr. Fanning

thought that was a great idea. October 6, 2015 44. For Possible Action Discussion and deliberation to approve the Nevada Department of Transportation (NDOT) request for the use of the County leased Pole Line Road gravel pit for the manufacture and staging of approximately 8,100 tons of chips for two (2) upcoming State chip seal projects.-Contd.

Commissioner Carbone

wanted to make sure the State was covering the contractor working in the County pit if something happened.

Commissioner Wichman

pointed out it was a BLM pit under permit and the County did not have any liability or responsibility on it.

Mr. Fanning

clarified the County would still be responsible for the contractor sitting in that pit even though they were contracted with the State since BLM had the permit in the County’s name. Angela Bello thought this was a little premature as what the contract would entail needed to be determined.

Mr. Fanning

said attention should be paid to the fact that NDOT was trying to capture the contractor since they were the only contractor up there. They were going to stockpile, run their trucks in light and run them out heavy. Those were end dumps and did not bear the weight width correctly on the road so it was sheer torture on the top of the roadway. He said he was looking at not just the physical use but literally what they were using to get it out that tore up the road.

Sheriff Wehcly

was no longer present.

Commissioner Carbone

made a motion to approve with the condition that the County was not held responsible for any liability with the contractor in the pit while working with NDOT and any damage or maintenance to the road itself; seconded by Commissioner Schinhofen;4yeas. PUBLIC PETITIONER-Cont’d.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Schinhofen

made a motion to approve Joe Westerlund; seconded by

Commissioner Carbone

; 4 yeas. October 6, 2015

Commissioner Carbone

made a motion to approve Bob Adams; seconded by

Commissioner Schinhofen

; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 13. For Possible Action - General road report by Public Works Director

Commissioner Carbone

asked if the issues on Blagg Road would stop once the new subdivision construction in the area was done. Dave Fanning said they took elevation shots which they sent to the engineer. The problem was the ground was so flat they could not get it to flow to a given point. He knew it was being complained about, but there was no place to send it unless a drainage canal or some sort of drainage control was done.

Commissioner Schinhofen

asked about the bond. Mr. Fanning said it had gone away. He added they were putting together a bond tracker to show where they were at with what they were doing.

Commissioner Schinhofen

suggested he could maybe do this at the RTC and asked Mr. Fanning to get a cost.

Commissioner Cox

asked what was going on in the area of Gamebird and Homestead as there was still flooding and she thought there would be some improvements by now.

Mr. Fanning

said that was just how the rain affected the valley. It could rain in one given area and affect different areas. It all depended on where a canal or diversion channel was built and where the rainfall was seen. They were looking at trying to expand the channel from Malibu down to Homestead and a little bit beyond. Tentatively it was about $150 million from Perry to Malibu.

Mr. Fanning

then encouraged the citizens to use the Web site to report a concern during these conditions and not try to drive to the office when it was flooding. There were also two phone numbers they could call: 751-6262 in Pahrump and 482-8128 in Tonopah. He asked the citizens to be patient if they did not hear back from Public Works immediately as they did get inundated at times. Richard Goldstein advised that on Homestead south of Gamebird about 150 feet of the shoulder was collapsing. On Jeane and Homestead it did the same thing on the opposite side of the street where it had been undermined and the roadway was starting October 6, 2015 13. For Possible Action - General road report by Public Works Director-Cont’d. to collapse. He also noted that this past weekend Basin had to be the worst he had ever seen in it:

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY BEATTY 14. For Possible Action Discussion and deliberation to approve the purchase of five (5) full sets (head to toe) of turn-outs for the Beatty Volunteer Fire Department.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. PAHRUMP 15. For Possible Action Discussion and deliberation regarding approval to appoint an alternate member of the Pahrump Veterans Memorial Advisory Committee.

Commissioner Carbone

made a motion to approve Beverly Baker; seconded by

Commissioner Schinhofen

; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

said during one of the breaks she had a request from Karl Mitchell and Ray the Flagman to put them on the agenda in two weeks for an item regarding the. six month extension for their tiger issue.

Commissioner Carbone

said he would talk to her offline about that. October 6, 2015

Commissioner Wichman

adjourned the meeting. APROVED this 3 day ATTEST: C it I )m Nyë Cotity Clerk / Deputy