October 20, 2015

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox; 5 yeas. 5. Announcements (first)

Commissioner Wichman

said most of the roads between her and Pahrump were closed yesterday and she apologized for not being in Pahrump for the meeting.

Commissioner Cox

advised the Nye County Republican Women’s annual lunch and fashion show would be Saturday at 11:00 a.m. at the Preferred RV Park. Tickets were $40.00 or $100.00 to sponsor a model. People could call her at 775-209-4751 or contact her husband for tickets. October20, 2015 TIMED ITEMS-Cont’d.

Mr. Trilops

stated their proposed services included telemedicine, primary care, urgent care, and imaging. He reviewed what the three levels of service encompassed as well as the anticipated annual loss for each. Overall it was an annual operating loss of $250,000.00 to $550,000.00, although Mr. Trilops thought it was closer to the middle if not better. They proposed using the hospital district revenue for the operating losses noting all models were scalable and efficiencies could be gained over time.

Mr. Trilops

stated their recommendation would be to develop and execute an operating agreement, execute a lease, target telemedicine to start in 30 days, and start primary care services when providers were available with other services to follow. He said the dream at the end of the day was to get back to a full free-standing ER type situation. The Commissioners and staff discussed the projected revenue the hospital district would bring in. It was initially anticipated at approximately $800,000.00, but Pam Webster advised when the hospital district was set up the pro forma from the Treasurer was much lower at around $250,000.00 annually and they were looking into that.

Commissioner Schinhofen

said he would like to start with telemedicine and urgent care as quickly as possible and asked Mr. Trilops what kind of lease they were looking for.

Mr. Trilops

stated they proposed to sign a five year lease but needed a nominal lease amount to do that, like $1.00 a year. Angela Bello noted the proposal contemplated the use of tax revenues from the hospital district to fund operational costs for something that was clearly less than what anyone would consider to be a hospital. She was not sure if that was permitted by the tax rules and advised that before the Commissioners committed to using hospital district tax revenues that any plan be approved by the tax department.

Commissioner Wichman

said NRS 450 required that there be a hospital by the individual who was providing the services to the district, It did not say that the hospital had to be in Tonopah, so the hospital in Reno would qualify because Renown had a very well staffed and well known hospital. There was nothing in the NRS that said Nye October20, 2015 9. 10:15 Sitting lointly as the Board of County Commissioners and the Northern Nye County Hospital District Board of Trustees For Possible Action — — Discussion and deliberation regarding: 1) to consider a preliminary proposal from Renown Health to provide remote medical services at the clinic and medical center in Tonopah, NV; 2) to consider the level of service to be provided by Renown Health; and 3) to consider leasing options of the medical center.-Cont’d. County could not do this. She said this was functional home rule and the County could do what it needed to do to take care of its citizens unless the laws said it could not.

Commissioner Borasky

was concerned about using some of the hospital district money to support them when those funds were supposed to be used to pay the County back.

Commissioner Wichman

said she would much rather have the property and the equipment located in Tonopah secured by the $3 million and never see a dime of it back than to have an opportunity like this fail simply because the County did not get paid back. She felt they would pay it back eventually simply by being here using the equipment if nothing else.

Commissioner Cox

reassured the people that they would not go without a hospital and the people in Pahrump would not be paying for it. These were discretionary things that would be worked out and she supported it.

Mrs. Webster

asked Mr. Trilops to reiterate what level of services would be able to assist the volunteer ambulance service with assessing which level of transport was necessary, the best location, or some sort of stabilization.

Mr. Trilops

advised their teams had worked out in Reno when ambulance drop offs could be done at an urgent care and when they could not. They would look to work with local EMS and flight services on how to build a triage system, if they should come to a clinic or get right on a plane, and their urgent care medical director would be happy to work with those teams. Based on what the District Attorney said about the NRS, Commissioner Carbone wanted to know what her course of action would be if in fact the Board went forward with a vote.

Ms. Bello

stated she already provided her advice and would have no other course. The language Commissioner Wichman referred to was in NRS 457.10 and that language was brought up by the County’s attorney that handled the bankruptcy matter. However, when Ms. Bello reviewed the second part of that statute it identified a hospital district that was of a specific type and created by a vote of the people. She said that was not the type of district the Board created and felt it should be reviewed by the tax department before tax dollars were spent. October20, 2015 9. 10:15 Sitting jointly as the Board of County Commissioners and the Northern Nye County Hospital District Board of Trustees For Possible Action — — Discussion and deliberation regarding: 1) to consider a preliminary proposal from Renown Health to provide remote medical services at the clinic and medical center in Tonopah, NV; 2) to consider the level of service to be provided by Renown Health; and 3) to consider leasing options of the medical center.-Cont’d.

Commissioner Carbone

asked how the maintenance program for the equipment figured in to this.

Mr. Trilops

advised long-term capital improvements would be the responsibility of the district, not Renown.

Commissioner Carbone

had concerns about where that additional money would come from.

Mr. Trilops

pointed out Renown was puffing in the upgraded telemedicine equipment and was bringing other things to the table to make this work.

Commissioner Carbone

wished he could support the whole plan but with the funding available said he could only support Level I at this time.

Commissioner Schinhofen

understood Commissioner Carbone’s concerns, but said the Commissioners would need to keep an eye on it in the first year to see what was really coming in and if it was supporting itself within the amounts available. He thought it was also good to note that the people in the central and northern part of the County had agreed to this hospital district and tax on them. He then reminded everyone how the north for years provided all of the south’s services and stated everyone needed to start thinking as a County and not “us and them.”

Commissioner Wichman

made a motion to support the preliminary proposal from Renown Health and to consider the level of services to be provided by Renown Health with the caveat that it stay within the collective taxes of the district and to consider the lease options for the medical center at a $1.00 a year; seconded by Commissioner Schinhofen. Amy Nelson noted telemedicine had been around a while and there were different ways it was used. Some people had their own applications and charged people for using that on top of whatever the doctor’s fee would be and she wondered how that expense would be addressed.

Mr. Trilops

explained they billed telemedicine services. There was a receiving site fee and a presenting site fee, which insurance would pay for. However, there would be a fee to the patient if there was no insurance. October20, 2015 9. 10:15 Sitting jointly as the Board of County Commissioners and the Northern Nye County Hospital District Board of Trustees For Possible Action — — Discussion and deliberation regarding: 1) to consider a preliminary proposal from Renown Health to provide remote medical services at the clinic and medical center in Tonopah, NV; 2) to consider the level of service to be provided by Renown Health; and 3) to consider leasing options of the medical center.-Cont’d. Andrew Alberti, Jr. said he learned that people in Gabbs used the hospital in Fallon, so one of his questions was exactly how many people in Nye County would use this facility. He pointed out that when Pahrump was smaller they had a clinic until they got to 30,000 people, as well as the fact that Round Mountain Gold was concerned with the billing services at the hospital. He suggested that a determination be made of who in Nye County would use the facility as well as the status of other Nye County towns before moving forward. Mr. Alberti proposed closing the clinic indefinitely, opening the emergency room and staffing it for emergencies, opening one wing of the hospital to use as the clinic, and that the County Comptroller and County Manager audit the records every six months and present them in writing to the Board at a public meeting.

Mr. Alberti

asked that his written statement be made part of the minutes.

Commissioner Wichman

stated Gabbs had a little over 200 people in town and was 80 miles out of Fallon, so obviously some of them went to Fallon. Tonopah had 1,800 people and was over 100 miles from the next closest facility, unlike Pahrump which was 75 miles from Las Vegas. Smoky Valley had 1,800 people in the entire valley and Round Mountain Gold was the County’s committed partner in making this work.

Commissioner Wichman

said that gave her every indication they did want to help with this. She pointed out that Tonopah, the library district and the town, gave up money from their ad valorem taxes to make sure this district took place, as did Smoky Valley, Gabbs, Duckwater, Currant, Sunnyside, Belmont and Manhattan. Commissioner Wichman suggested Mr. Alberti watch the presentation one more time.

Mr. Alberti

said he was not advocating there should not be a medical facility up there to take care of the needs of the citizens. He was suggesting that a town of less than 2,700 people needed a clinic with some emergency staffing rather than the facilities like Pahrump had. Dwight Lilly expressed his concern with the scope of the hospital district changing as well as how the advice of the District Attorney always seemed to be tossed aside. He pointed out that per NRS if the Commissioners passed a motion that was illegal it became void. He suggested relooking at the district and questioned doing something when it could be thrown back in a legal challenge down the road. Mike Farris, pastor of the Baptist church in Tonopah and a hospice chaplain, thanked the Commissioners for what they had done and were doing. He knew they had to follow the letter of the law, but stated the services were needed. There were situations October 20, 2015 9. 1 0:15 Sitting jointly as the Board of County Commissioners and the Northern Nye County Hospital District Board of Trustees For Possible Action — — Discussion and deliberation regarding: 1) to consider a preliminary proposal from Renown Health to provide remote medical services at the clinic and medical center in Tonopah NV; 2) to consider the level of service to be provided by Renown Health; and 3) to consider leasing options of the medical center.-Cont’d. happening daily as the Commissioners were aware and the citizens could not wait weeks and months to negotiate. He asked the Board to expedite this as quickly as possible. Debra Brogan described her experience two years ago when she had a stroke and was life flighted out of Tonopah. She felt if there had not been an emergency room she would have died as they would not have transported her by ambulance over 300 miles to the neatest hospital. She now had to travel twice a month to a doctor, meaning she had to have her daughter take time off of work to take her. Ms. Brogan stated she was living proof that this town needed a hospital. Dawn Gudmunson, the assistant coordinator of the Tonopah ambulance service and a citizen, said she had seen people in town struggling because they could not get to the hospitals to get prescriptions or antibiotics as not everyone in town had transportation. She wanted people to also realize this was one of the most dangerous highways in the United States, so it was not just the Tonopah and Round Mountain residents. Everyone traveling to Reno had the potential to get into a wreck coming through town and would be treated the same as the residents had been treated and would not have a hospital to be taken to. The ambulance would get them to one eventually, but not as quickly as it needed to be. Patty Browning said she had spent 27 years running for Nye County Emergency Services and in that time she had never seen the emergency services so fragile. If there was no place to transport they would not exist over the long haul. She appreciated the concerns expressed by the citizens of Pahrump, but pointed out that the northern County was not just 70 miles from a major city and did not have paid EMS or fire folks. There were also members of the community who did not have vehicles and could not drive out of town who had no medical care currently. Mrs. Browning thanked the Commissioners for considering Renown’s offer and asked them to carefully think about living up here, working up here, and existing up here. She said medical care was not something deserved, it was something needed. Deb Cobb thanked the Commissioners for what they were doing. She advised she had traveled over 1,300 miles in the last week to see primary physicians which she would not have to do if she had that here. Her family members also had to travel for emergencies in the last week. October20, 2015 9. 10:1 5 Sitting lointly as the Board of County Commissioners and the Northern Nye County Hospital District Board of Trustees For Possible Action — — Discussion and deliberation regarding: 1) to consider a preliminary proposal from Renown Health to provide remote medical services at the clinic and medical center in Tonopah, NV; 2) to consider the level of service to be provided by Renown Health; and 3) to consider leasing options of the medical center.-Cont’d. Donald Cox thought the County needed to do whatever it took to get the people help up there. He was also concerned with the Commissioners not taking the advice of the District Attorney.

Ms. Bello

wanted it to be clear for everyone that there was absolutely no legal impediment for the County to fund these proposals. The issue was if the hospital district tax revenues could be used to do it.

Commissioner Carbone

asked Ms. Bello if she could work out the issues with the Department of Taxation in 30-45 days, otherwise it was not going to move forward.

Ms. Bello

said she could also explore other funding options.

Commissioner Borasky

stated he did not want to go against the District Attorney and definitely took her advice as she was an attorney. He wanted to know how long it would take to get some answers back from the tax people as to whether this met the criteria.

Ms. Bello

indicated they would impress upon them this was needed immediately.

Commissioner Carbone

asked if the vote could be made contingent on that.

Commissioner Wichman

stated her motion stood as she made it, which was to support the entire proposal from Renown and to consider the level of services to be provided and back it up with whatever the tax brought in from the hospital district, and to also consider leasing to them for $1.00 a year. She reminded the Commissioners they were led through the bankruptcy proceedings on this issue by three attorneys and were given closed session recommendations by all of them. Since that time she had also talked to the County’s insurance provider who put her in touch with another attorney to give their opinion of this. Further, before the County even went to the towns and asked them if the hospital district could be reinstated the County went through DTAX and got their approval. Commissioner Wichman understood the District Attorney had concerns and hoped she came to the same conclusion as the other three attorneys. She asked the Commissioners to consider what knowledge they had as a Board, which was an advantage over the District Attorney as this started before she was elected.

Mr. Payne

advised at this point everything was pretty much back to normal and they were still trying to determine the full impact of the flood event as a lot of roads were still under water. He and the Sheriff would hold a town hall meeting tonight at 6:30 p.m. in Beaffy to discuss all the events that happened and would do the same thing Thursday evening before the town board meeting in Amargosa. This morning they were getting additional reports on the testing from the fire, which would continue to come in over the next few weeks, but no radioactive material was detected in the air or the ground.

Sheriff Wehrly

acknowledged Clark County and Sheriff Lombardo for their assistance with stranded citizens as well as NDOT. She said there was no loss of life as far as she knew. Over a mile of the road into Death Valley from Scotty’s Castle was completely destroyed as well as six miles going the other way toward Nye County.

Mr. Payne

thanked the County Manager for all of her assistance over the weekend. He also recognized the acts of generosity and kindness from Tonopah, Beatty, and Amargosa Valley toward the people stranded during the events.

Commissioner Schinhofen

made a motion to ratify both emergency declarations; seconded by Commissioner Wichman. Dwight Lilly commended the actions of the County to help protect the citizens against the federal repository and suggested the Commissioners ask for a report to find out what happened as it was not suppose to have any ignition sources. Amy Nelson thought the protocol for this type of situation needed to be reviewed as it should not involve the County Manager, just the Sheriff and Mr. Payne.

Commissioner Carbone

explained the County Manager was involved because of the funding issues, not the reporting issues, which was why the Commissioners had to ratify this.

Sheriff Wehrly

said that emergency management was a blanket program and oversight.

Mr. Payne

was the person in the County that made sure all the various response entities worked together. In this particular incident they had basically formed a unified October20, 2015 6. For Possible Action - Emergency ltems-Cont’d. command with her, Mr. Payne, the County Manager, and Dave Fanning. They were a team and that was the way emergency management was supposed to work. It had nothing to do at that point with funding. It had to do with how emergency management throughout the United States was put together.

Mr. Payne

added that during an emergency like this, even though the County Manager was his boss he did not answer to her. She had the ability through action of the Board of County Commissioners to make big things happen if he needed big things to occur. He said the processes were fairly cleat and that was why they used a team effort and a unified command. Katrine Romanoff outlined the difficulties she had trying to get information regarding toad conditions.

Sheriff Wehrly

suggested going to NDOT 511 on a computer, which had a map and a list of every closed toad in Nevada updated on a regular basis. She explained that the conditions were changing quickly this past weekend and as one toad opened another one would close. She said they would try to get better information out quicker as they moved along. Richard Goldstein asked Mr. Payne if there was any idea of what was buried in the facility.

Mr. Payne

advised the Department of Energy and the State of Nevada Department of Health was responsible. He did not have the answets right now, but he had been told those answers were forthcoming.

Mr. Payne

agreed and said there had to be closure. He had a conference call with the State Department of Energy, the Sheriff and himself over that very issue. He said they would evaluate the situation at 2:00 p.m. because they were still collecting information and the determination would be made then. He pointed out there was a matching document to the proclamation that reversed it.

Commissioner Cox

suggested looking to see if the material stored at U.S. Ecology was waste from the explosion at PEPCON as they said that was being trucked to Pahtump. - October20, 2015 6. For Possible Action - Emergency ltems-Cont’d.

Ms. Bello

clarified the statute said the Board or the County Manager would terminate the state of emergency when the emergency no longer existed, so rather than have the Board come back they could direct the County Manager to execute the document. PLANNING/BUILDING

Commissioner Borasky

made a motion to approve waiving the standard conditions and the restrictive covenants and also the ADTs noting there was very little potential for any development adding on to the existing location and the ADTs were very minimal; seconded by Commissioner Schinhofen with the clarification that they would not be required to do Emery Street and an average daily trip count but they would still build out the front road and the curb. Don Trudeau said they had a 15 minute presentation if the Board was interested. Tom Saitta wanted the public and the Commissioners to know this was not just about them. This was about the fact that Pahrump was not growing and some of the reasons why it was not growing. He felt the roadblocks to the future growth of the community needed to be removed.

Commissioner Schinhofen

said he was working on lots of things for future agendas. He advised there were two medical marijuana places up and operational which had created 70 jobs. The next one that may come up planned on a minimum of 40 more jobs, so the County was getting some headway in that industry and he was very happy about having jobs and taxable revenue.

Commissioner Borasky

complained about last minute back-up coming in minutes before the meeting. Secondly, he hoped he did not send the wrong signal to the people in Tonopah on his no vote, but he had great concerns about what was going to happen October 20, 2015 7. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshops/aQendas)-Cont’d. and wanted to see some sort of commitment from the tax people that they would accept it. He then asked Pam Webster to look at putting something together with one or two of the Commissioners, the judges, the JPs, and the Sheriff’s Department, on the constant movement of employees from one location to another.

Commissioner Cox

thanked Pam Webster for spending another weekend doing more than she really had to do in her job.

Commissioner Wichman

noted other counties outside of Nevada took a period of time prior to a board of county commissioners meeting and scheduled it as a workshop. There were no decisions made in that, but it put the five Commissioners in the room with staff prior to a meeting so they could discuss items that were on the agenda and answer any questions. She said this was only a suggestion and she was not sure if it had to go on an agenda to be voted on. Sandra Merlino notified the Commissioners of a nuisance complaint received from Gabbs that would be addressed on the next agenda via an item to either have the District Attorney handle it by notification or to hold a public hearing. Pam Webster said as part of their winding down of the ECC operation her and Vance Payne discussed setting up a task team for emergency response. They were going to start with an internal team, then expand that to stakeholders involving the utilities, and then do a quarterly meeting of that task team. She advised the other thing coming up on a future agenda would be an explanation of the gas tax application and how it would be implemented. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 15. Presentation and update of the Pahrump Valley Chamber of Commerce Sally Kerr updated the Commissioners on the fall festival. She felt overall the event went really well and she had really good reports from community members that said it was well received. They maxed out the park with 175 booth spaces sold, overall numbers were up at the carnival, and across the board entrance was up. She said they completed recap meetings with almost all of the committees and overall it was considered a success by all standards she applied to it.

Commissioner Schinhofen

said his only complaint was the half hour gap in the parade. October20, 2015 15. Presentation and update of the Pahrump Valley Chamber of Commerce Cont’d.

Commissioner Borasky

asked if she marked down any irregularities or things that happened that could be improved on next year.

Ms. Kerr

said they did. She explained the problem with the parade was a broken down vehicle. The Board was in recess until 1:30 p.m. JUVENILE PROBATION 29. For Possible Action Discussion and deliberation to approve an agreement between Nye County and NyE Communities Coalition supporting the Youth Resources Coordinator position for Tonopah and northern Nye County.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Borasky

noted there, was no cost to the County and this was something provided by NyE Communities Coalition.

Commissioner Borasky

made a motion to approve with the costs incorporated into Fund 10230, Juvenile Probation; seconded by Commissioner Schinhofen.

Commissioner Cox

asked if the County youth offenders were still being sent to Clark County from Pahrump. Pat Rios said yes, however, they also had China Springs and Aurora Pines in Minden, Nevada, which was where this MOU would come into play.

Commissioner Carbone

opened the public hearing. John Fesnock requested the Board deny this appeal based on the numerous animals that had been running loose, such as pigs, dogs, and feral cats that were imported into the neighborhood. He said there were now noise issues that did not exist before, continuous barking during the day and sometimes late at night, a smell, and flies. He felt this was not appropriate in a residential area and that the Board should not reward a resident for breaking codes and laws. Laurie Wilson, a resident on River Plate as well, advised Ms. Sandquist had 29 complaints from Animal Control over the past four years. She expressed concern that property values would go down if a kennel was approved in the neighborhood. She felt very strongly that the Board should not reward someone who was told by Animal Control to apply for the Tier II permit before the house was ever purchased and did not.

Ms. Wilson

hoped the Board disapproved it, although she had some concerns as to how it would be enforced. Debra Strickland said she was of the same opinion as the PRPC when they denied this conditional use permit as it was not the proper place.

Commissioner Carbone

closed the public heating. Lynette Sandquist stated she felt she had been treated dishonestly by Animal Control and the Planning Committee. She thought the people were worried about the goats, the pig and the chickens, not the dogs. She said her animals did not run amok and were kept in pens. If they were out they were within her yard. Her dogs did not bark, her place did not smell, and there were no flies. Ms. Sandquist stated her neighbors came over to her house to terrorize her animals. She understood it was not a great area because of the neighbors, but the Planning Committee told her she could have the goats. She also disputed having 29 counts against her.

Commissioner Carbone

asked if she had validated that she could have those animals on the property.

Ms. Sandquist

advised she was told to go for the Tier II because of the dogs and the cats, although she did not have the cats anymore. She did not need one for the goats. October 20, 2015 10. 11:00 For possible action AP-201 5-000003: Public hearing, discussion and — — deliberation on an Appeal of the Pahrump Regional Planning Commission’s decision to deny Conditional Use Permit Application CU-2015-000008-Cont’d.

Commissioner Carbone

asked her what she wanted or needed to get her conditional use permit.

Ms. Sandquist

wanted to be able to have her pets as it was therapy for her. She said she would not have them put down and if she had to get rid of them it would be on her terms. She stated she was a clean person and had worked with animal control in Las Vegas so she knew the law. She was appealing because she felt they were wrong and had lied about how many counts they had against her.

Commissioner Schinhofen

made a motion to deny this appeal based on the findings of the RPC; seconded by Commissioner Borasky.

Commissioner Ccx

asked how many dogs she had.

Ms. Sandquist

said she had twelve, four of which stay outside. She added she was working toward spaying and neutering all of them and wanted to keep all of them.

Commissioner Ccx

did not believe the dogs were causing the flies and noted the dogs did not bark when she drove by, only when she stopped the car. She did not have a problem with it as long as Ms. Sandquist was not breeding and selling dogs, but suggested that she try to find some foster homes for them.

Commissioner Schinhofen

said the problem was it was a Tier II permit so she could have more dogs. At the RPC meeting Animal Control would not sign off on it so the Board was kind of stuck since it was an appeal and they could only say they made the tight or wrong decision. Pam Webster clarified that there had been 29 calls from neighbors on five total properties with six on this property since June.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 12. For Possible Action - General road report by Public Works Director Dave Fanning, Public Works Director, briefed the Commissioners on the flooding situation which impacted the entire County. He also advised that the mine shaft in Manhattan where water had historically been going filled up during this last event, which would change the criteria for the Manhattan street improvement. He said they had traffic going in and out in a majority of the areas and were working with the locals as they called things in. Mr. Fanning directed people to visit www.nyecounty.net and do an on-line submittal or call Public Works at 775-751-6262 in Pahrump and 775-482-8128 in Tonopah.

Commissioner Cox

asked what minor road meant.

Commissioner Wichman

explained a minor county road as defined by NRS 403 was a road that was maintained by use only and not maintained by the County.

Commissioner Cox

pointed out that the streetlights had not worked on Calvada ever since the road construction was done there. Pam Webster advised Buildings and Grounds was working on that with the Road Department. They had isolated a strip where they thought the wires may have been cut and were trying to get some electronic detection equipment to see if they could catch it above ground without having to dig the whole thing up.

Commissioner Cox

suggested while they were at it they should look at the pole by the driveway that needed the same process done as it would not light either. She then mentioned the area of Leslie and Palm as she had a complaint that Leslie was under water when it rained. There were a number of gravel roads in the area which had sinkholes in them now and she wondered if they had been dedicated.

Mr. Fanning

stated those were not roads the County maintained.

Commissioner Cox

asked if it could become an assessment district if those people wanted to get road improvements.

Mr. Fanning

said if that was the pleasure of the Board. He advised this was asked of the residents of Pahrump Valley Estates back in 2005/2006 and no one wanted to do it then.

Commissioner Cox

also mentioned the potholes showing up on the corner of Betty and Barney since the last rain and suggested catching them before they got worse. October20, 2015 12. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Wichman

said with all of this rain the four miles of toad Public Works fixed plus the other low water crossing they fixed on Toquima Range Road all held together. Pam Webster thanked the Director of Public Works for taking her texts at 4:00 a.m. as she knew he was texting his crew at 4:00 am. There was active communication and they were out on it and she personally appreciated his willingness to be there. Tim Carlo from Public Works wanted to stress the magnitude of the event. He listed all the roads in the County that were closed from Sunday on. The only one still impassable was Spring Meadows in Ash Meadows and water was still flowing there.

Commissioner Carbone

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 PAHRUMP-Cont’d. 13. Committee Reports Pam Webster advised the Youth Advisory Committee met on Wednesday, October 14, 2015. They were sponsoring an event on the 3O which was a “spook-tacular” in combination with the town’s movie in the park, which would be their final event. They voted to disband effective November 1, 2015. They would continue as a group to work for the community, but they were going to reach out to Stacy Smith at NyE Communities Coalition and have an informal committee that would not be as intimidating as the OML requirements.

Commissioner Borasky

added there was sort of a war between the members and people were quitting left and right. It was his suggestion to disband and work with the Coalition. Richard Goldstein, Activities Director of the Pahrump Veterans Memorial Advisory Committee, updated the Board on a project they were doing that would come to the Board to talk about funding to do something to honor Butch Harper. They decided to have a large plaque made to be placed in or on the multi-purpose room. 14. Business Recognitions This item was removed from the agenda. October20, 2015 16. For Possible Action Discussion and deliberation regarding amending the Fireworks Safety Site Management Agreement to include: 1) Attachment A Product Testing; and 2) Attachment B Customer Demonstrations. This item was removed from the agenda. 17. For Possible Action Discussion and deliberation on approval to apply for the Nevada Commission on Tourism 2nd Cycle Grant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky. Arlette Ledbetter, Tourism Director, explained these were second cycle grants with the Nevada Commission on Tourism already in the budget approved in July.

Commissioner Schinhofen

made a motion to approve items 18-21; seconded by

Commissioner Wichman

; 5 yeas. 19. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 18-21; seconded by

Commissioner Wichman

; 5 yeas. 20. For Possible Action Approval to apply for the State Farm Good Neighbor Citizenship Company Grant. This grant does not require a match, but Emergency Management will contribute a match of $5,000 or 20%, and can be absorbed in the FY16 budget.

Commissioner Schinhofen

made a motion to approve items 18-21; seconded by

Commissioner Wichman

; 5 yeas. October20, 2015 21. For Possible Action Approval of a chance order to the FFYI3 Emergency Preparedness Working Group (EPWG) grant award.

Commissioner Schinhofen

made a motion to approve items 18-21; seconded by

Commissioner Wichman

; 5 yeas. CLERK 26. For Possible Action Discussion and deliberation to appoint two (2) members to the Beatty Library District due to two (2) resignations. These are for unexpired terms to end December 2018.

Commissioner Wichman

made a motion to appoint Laura Taylor and James Osburn; seconded by Commissioner Schinhofen; 5 yeas. 27. For Possible Action Discussion and deliberation to appoint one (1) member to the Nye County Raw Milk Commission due to one (1) resignation. This is for an unexpired term to end December 2016.

Commissioner Schinhofen

made a motion to appoint Steven Andracki; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

pointed out this was important because they needed a physician before they could meet and Mr. Andracki filled that requirement. BOARD OF COMMISSIONERS 25. For Possible Action Discussion and deliberation to appoint the County Manager the point of contact for business with Nye Regional Medical Center and authorizing the County Manager to act on behalf of Nye County regarding administrative decisions concerning Nye Regional Medical Center.

Commissioner Schinhofen

made a motion to approve giving the County Manager this authority; seconded by Commissioner Wichman.

Commissioner Wichman

stated during the last meeting she suggested an advisory board to answer to the Board of County Commissioners whether they were sifting as the hospital district or not. With Pam Webster taking the lead on this Commissioner Wichman no longer believed the advisory board would be necessary especially with the approval of Renown today.

Commissioner Carbone

said he knew that Amy Fanning had tried to connect and coordinate with the Treasurer several times and it appeared that the Treasurer was ignoring her.

Mrs. Fanning

advised he did respond to her this morning. The girl in Pahrump was out until after the first and they would meet after that time. She did plan to begin meeting with him on a monthly basis.

Commissioner Borasky

said he had difficulty reading the fine print on the report. COUNTY MANAGER 31. ongoing Project Report The report was in the back-up. Pam Webster pointed out the report this month had gone to a quarterly basis. She highlighted the medical facility as well as a couple of new potential projects, a food service and another large retail opportunity, but she was not quite at the point of discussing those yet. 32. For Possible Action —Discussion and deliberation regarding a request to: 1) Set a date, time, and Location for a Public Hearing on Nye County Bill No. 201 5- 14: A Bill proposing to Amend Title 201 the Nye County Code by Amending Chapter 2.16 Park and Recreation Advisory Board, Amending 2.16.030 Members; Appointment; Qualifications; Term; Removal, Providing for the Severability, Constitutionality and Effective Date hereof; and other matters properly related thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

made a motion to set the date, time and location as November 17, 2015, at 10:45 a.m., in Pahrump, Nevada, for Nye County Bill 2015-1 4; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record 33. For Possible Action Discussion and deliberation to: 1) appoint twelve (12) members to the Peace Officer Advisory Review Board; and 2) specify which terms the applicants are appointed to. Six seats are for a four year term to end January 2020 and six seats are for a two year term to end January 2018.

Commissioner Borasky

made a motion to appoint Marcie Curran, Robert Feener, Vickie Gladsjo, Richard Goldstein, Earl P. Jones, and Kent Koontz to four years terms, and October 20, 2015 33. For Possible Action Discussion and deliberation to: 1) appoint twelve (12) members to the Peace Officer Advisory Review Board; and 2) specify which terms the applicants are appointed to. Six seats are for a four year term to end January 2020 and six seats are for a two year term to end January 2018.-Cont’d. Thomas Mazzalo, Kent B. Mosdale, Donny Rust, James Michael Wakefield, Bob Dean Wing, and Ben Zamora for two year terms; seconded by Commissioner Schinhofen.

Commissioner Carbone

advised that if these individuals dropped out after they had been asked to perform there were still applications to look at. Pam Webster stated she would like to modify the ordinance to have five alternates or at least put five more people through the training session so that if there were drop outs those positions could immediately be filled. It was also the recommendation to let the committee select who wanted to be on two year terms and who wanted to be on four year terms in case someone had a preference, if that could be done. Sam Merlino advised her office had not even been involved in this so she could not answer that question.

Commissioner Schinhofen

made a motion to adopt the resolution; seconded by

Commissioner Ccx

said she would like to hear Vance Payne speak on this. Pam Webster advised he was in a debrief with the State. lithe Board wanted to hold this to the end she could see if he could return or she could text him the questions.

Commissioner Carbone

explained this was part of a Presidential Decree that the County would do this.

Commissioner Ccx

expressed her concern with that. October 20, 2015 34. For Possible Action DicUsSion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2015-33: a Resolution designating the National Incident Management System as the basis for all incident management in Nye County.-Cont’d.

Commissioner Carbone

suggested holding off on this until item Mr. Payne was available.

Commissioner Schinhofen

rescinded his motion, but pointed out the EMS Director was the one who put this forward.

Commissioner Borasky

rescinded his second. This item was tabled until later in the meeting. [See page 28.] FINANCE 35. For Possible Action Discussion, deliberation and direction to staff regarding the balances of the special revenue funds.

Commissioner Wichman

made a motion based on staff recommendation to keep special revenue funds (funds with prior approved projects) of $1,196,896.00, and use the committed funds within the general fund of $12,278,135.00 to stay in the debt service; seconded by Commissioner Schinhofen with the clarification that the special projects fund would be $1,196,896.00, the committed fund within the general fund not used for salaries and benefits was $5,886,500.00, and the debt service was the remainder.

Commissioner Cox

asked what the special projects endowment fund was used for. Amy Fanning said the majority of it was the budget approved by the Board for debt service for the year, but the 911 emergency system and the Nevada Division of Forestry annual agreement also came out of it.

Commissioner Cox

suggested addressing the Division of Forestry next year to see about a reduction in the premium. Pam Webster advised she met with Bob Roper last week and they were looking at a new formula for calculating the contribution. He did not promise it would go down but he was hopeful. Mr. Roper also talked about other services that would be made available to the County like help during flood events. Additionally, Vance Payne worked very closely with them to outfit new fire and ambulance vehicles. Regarding the capital projects endowment fund 10493, Commissioner Ccx asked if those were earmarked for special things. October 20, 2015 35. For Possible Action Discussion, deliberation and direction to staff regarding the balances of the special revenue funds.-Cont’d.

Mrs. Fanning

said yes and they were all previously approved by the Board. It was for the 911 emergency system upgrade and the debt service for the jail bond.

Commissioner Cox

again asked about the special projects endowment fund. Mrs. Fanning said that was for a handful of miscellaneous unfinished projects with small balances, such as the Beatty Volunteer Ambulance Barn and the Clerk’s Office document imaging and storage project.

Commissioner Schinhofen

stated the Board had not waived these and he knew that Human Resources had to wait for someone until February. He asked if this was NRS mandated. Danelle Shamrell, Human Resources Manager, advised the NRS required the County to provide a bailiff for the district court, but the justice court had to have a bailiff as well.

Commissioner Schinhofen

made a motion to approve filling the position and waive the 90 day waiting period; seconded by Commissioner Cox. Kathy Ivey from the Pahrump Justice Court indicated they would like to rehire the bailiff and he would pay back the money that was paid out to him when he left. Pam Webster said that covered the payouts, but it did not cover the 90 day waiting period.

Ms. Ivey

pointed out the contract with the NCLEA said he could be rehired within 90 days.

Commissioner Schinhofen

rescinded his motion. October20, 2015 36. For Possible Action Discussion and deliberation to: 1) approve filling one Bailiff Position #87001-001 assigned to the Pahrump Justice Court; and 2) waive the 90 day waiting period.-Cont’d.

Mrs. Shamrell

clarified the contract said if they were rehired there was no loss of seniority.

Commissioner Schinhofen

made a motion to approve filling the bailiff position and not waive the 90 days; seconded by Commissioner Wichman.

Ms. Ivey

explained that without waiving the 90 day period if they had to have a Sheriff’s deputy come in to replace the bailiff the Sheriff’s Office wanted them to pay the deputy’s salary as overtime because they were not going to call someone in on duty. Another problem was when a Sheriff’s deputy filled in they were not always aware of the procedures in the court. She felt this was a safety issue and was also concerned about not having enough of a budget to pay for the bailiff after paying overtime for the deputy.

Commissioner Schinhofen

said she needed to talk with the Sheriff about that as she should not have to pay for it. Dwight Lilly asked if this was for the Judge Kent disposition and if he had any say on who the bailiff would be and how his not being in office right now was affecting the situation.

Ms. Ivey

advised he would like the bailiff that left to return, as would Judge Jasperson. He was a good fit, very knowledgeable, and he kept up with his training as well as all the latest things in the courtroom so they knew they would have a safe courtroom.

Mrs. Webster

said she spoke to the Sheriff about this. The problem was she was shorthanded and taking more people off the street and putting them in the courtroom was a problem. The Sheriff was making them available by offering the court bailiff position to anyone off duty who wanted to do it, but she did not have the budget to pay them the overtime.

Commissioner Wichman

stated that by statute the Commissioners had to provide them with a bailiff, which meant they could provide them with someone from the Sheriffs Office for 90 days.

Commissioner Ccx

wondered if there was another fund the overtime could be taken out of.

Mrs. Webster

explained the problem was the budget that the Sheriff had was for people to work their normal shift. She did not have excess or surplus people to take off shift and put into the court so to take this person and provide the bailiff was on a time and a half basis but she did not have the time and a half already covered in the budget. October20, 2015 36. For Possible Action Discussion and deliberation to: 1) approve filling one Bailiff Position #87001-001 assigned to the Pahrump Justice Court; and 2) waive the 90 day waiting period.-Cont’d. Donald Cox asked about a retired officer still living in town.

Mrs. Webster

advised the position had to be POST certified so it would have to be someone who maintained that certification during their retirement.

Commissioner Wichman

made a motion to approve filling the law clerk position but had no desire to waive the 90 day waiting period; seconded by Commissioner Schinhofen.

Commissioner Carbone

advised he had conversations with Judge Lane and he was willing to give up budget to cover his 90 days in order to get this person earlier.

Commissioner Wichman

asked if Judge Lane’s court was within budget currently or if he had an excess to put toward that. Amy Fanning said she had not had a chance to look at his budget. She knew there was a soon to be vacated position that could be extended for a longer period of time to accommodate this position.

Commissioner Wichman

withdrew her motion.

Commissioner Schinhofen

made a motion to approve filling the law clerk position and waive the 90 days contingent on Judge Lane making up the difference in his budget; seconded by Commissioner Borasky; 5 yeas. PLANNING/BUILDING-Cont’d. 38. For Possible Action Discussion and deliberation to accept an Offer of Dedication and reject the maintenance responsibility for the north forty feet (40’) and the west forty feet (40’) of the northwest ¾ of the southeast ¾ of Section 13! Township 20 South, Range 53 East. WULFCO, LLC Property Owner. Symphony Animal Foundation Applicant. A portion of AP #035-271-10.

Commissioner Schinhofen

made a motion to approve accepting the dedication without maintenance; seconded by Commissioner Wichman; 5 yeas. October20, 2015 39. For Possible Action Discussion and deliberation to approve changing the hours during which the Planning, Building & Safety, and Public Works offices will be open for cost savings measures, and to approve an Alternative Work Schedule for departmental employees to consist of four ten hour work days per week from 7:00 AM to 5:30 PM with a half hour lunch period.

Commissioner Schinhofen

noted how many other departments did this, but

Commissioner Carbone

said the offices up north were open on Fridays so it was not a full situation. Danelle Shamrell pointed out the Assessor’s Office up north was closed on Fridays.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman. John Koenig asked if Building and Safety would be open. Darrell Lacy, Planning Director, said they would offer to do inspections on Fridays if people scheduled it, but they would be closed. He explained the intent was to try to have better public service by allowing it to stay open until 5:30 p.m. so people who had jobs could get there in the evenings. There would also be a cost savings by shutting the office down for one day a week. They would be open from 7:30 a.m. to 5:30 p.m. with time off for lunch and Friday off. Right now they closed at 4:00 p.m. Debra Strickland asked how a half hour lunch break would be managed.

Mr. Lacy

said people could eat at their desks and the lunches would be staggered.

Ms. Strickland

said she liked that and thought it would be quite beneficial to the community to not have to wait that hour for people to come back from lunch.

Commissioner Carbone

commented that he took a year’s worth of power and broke it down to days of operation and did not find a huge savings. October20, 2015 PUBLIC WORKS

Commissioner Schinhofen

explained the RTC heard this and it was originally approved as a five lane road. There was no money to do that and this was to adjust it from five lanes to two with a bike path just like Manse Road. Dave Fanning clarified the CIP put together the preliminary plan from 2006-2015 which was five lanes. He did the adjustment for the other two zones from 160 down to Gamebird and it was the same scenario. He was back today since this already had a preliminary study done on it. They had the funding and were looking at doing it as two lanes with three foot wide bike lanes. They were also engineering water flows.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Sch i nhofen. Debra Strickland was concerned about making these changes at one of the worst intersections at Gamebird and Homestead. If there were funds at one time to do the five lanes she wondered why it was going all the way down to two lanes rather than sticking with three lanes and one bike path.

Commissioner Schinhofen

said he asked for it to be two lanes and it would be 38 feet wide. He saw how nice Manse was working and asked for this change. He added they did not have the money. This was the plan to do it and it would still be a wide profile road.

Ms. Strickland

did not feel there was a huge need for turn lanes in that juncture and there was a greater need from Manse down. Richard Goldstein said when the initial part of Homestead from 160 to Gamebird was done one of the biggest complaints was drainage. This project did show a drainage ditch and he wanted to know how deep it would be and where the water would go.

Commissioner Schinhofen

advised it would go past Jeane to the mesquite grove across from the yEW, which drained very fast. October 20, 2015 41. For Possible Action Discussion and deliberation to approve the recommendation of the Pahrump Regional Transportation Commission (RTC) to revise the Pahrump Regional Planning District’s Streets and Highways Capital Improvement Plan (CIP) FY 2006-2015 for Homestead Road between Gamebird Road Manse Road-Cont’d.

Mr. Fanning

said that was why they were having an engineer design it to try to figure where the peak would be and where the volume would be. The low spot was the mesquite grove by the VFW. In the design phase there would be water in the ditch and the road should be dry, unless there was a high breach and that would just be the center lane.

Commissioner Cox

believed more businesses would come in rather than housing and asked if there was some reason the center lane was not being put in.

Mr. Fanning

advised the future plan was when the ADTs got up to that point the bike lanes would be taken off and the center turn lane made. The bike lane would be detached like the north end, so there would still be three lanes in this 38 foot profile.

Commissioner Cox

asked if the County would be liable if it put in a bike lane for people to use.

Mr. Fanning

stated there as always a liability as bikes were no different than cars on the road, but he would research it for her.

Commissioner Schinhofen

made a motion to adopt the resolution; seconded by

Commissioner Cox

wondered why the County had to do this now when it had been operating all this time without it and it never made a difference.

Mr. Payne

stated it did make a difference before. He had shared the document with many federal departments that required it for documentation and they never noticed a problem, but when he looked at it he saw a problem. He explained this was the incident October20, 2015 34. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 5-33: a Resolution designating the National Incident Management System as the basis for all incident management in Nye County.-Cont’d. command system, which all emergency responders used as an operating system. As the legislative body for Nye County this was the Board directing that this was the system to work from as required by the President and formalizing what had been done by the County for a decade. Sam Jones felt this was just another layer of government. He said it all revolved around money and he recommended rejecting the whole thing.

Mr. Payne

pointed out this was no cost and the federal government provided the training components.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. BOARD OF COMMISSIONERS-Cont’d. 22. 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.

Commissioner Schinhofen

made a motion to go into closed session; seconded by

Commissioner Wichman

; 5 yeas. 23. 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. The Board was in closed session. October 20, 2015 24. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Borasky

was not present.

Commissioner Schinhofen

cautioned that new information could not be added and the Commissioners could only deal with the facts presented at the heating.

Commissioner Wichman

advised Lorina Dellinger and her family was looking for her uncle, Sal Alvarado, who had not been seen since Friday. If anyone had seen Sal they were asked to call the Sheriffs Office.

Commissioner Carbone

adjourned the meeting. APPROVEDthIs r day ATTEST: Of ‘1lftA1TL’A ,2015. (p/ % It Ny Codnty Clerk I Deputy U..)/ 4JJ1 ._.‘ IL1c’J’-’-’ To: Nye County commissioners: An alternate proposal for North Nye County Medical care First a determination of who in Nye would use the Facility. It is currently known that Gabbs population uses the facility in Fallon due to it being closer than Pahrump. Determine status of other Nyc Ciuty towns before moving forward. Pahrump used a clinic for many years until the population reached a number which could feasably support a full hospital operation. This should be the approach with The northern area unless a feasability study shows a different approach is do-able. I am informed that Round Mountain is concerned about the billing services in the Hospital. Since irregulanties and 2.5 million has already been allocated in the past, $500,000 which may be recoverable. To keep the hospital afloat the services must he financially sound and the County should not underwrite the cost of service. The current proposal in today’s agenda predicts the losses to be $250,000 to $550,000. Determine by survey, reasonable staffing levels and services normally provided to remote and small towns. The adopted method shall be cost effective. 1 Close the clinic indefinitely 2 Open emergency room in the hospital building 3 Staff for emergencies as needed, with on call staff for emergencies when they occur 4 Open one wing of the hospital to be used as the clinic 5 County Comptroller and County manager to Audit the financial and medical workings every six months and report the results in written format to the Conmrissioners at public meeting. 6 Facility manager to cause an alert in writing to county manager at the first sign of financial losses Find a doctor to buy the hospital and provide some startup assistance in the first six months. ‘Ibis should be minimal since the building, equipment and past staffing may be available. Respectfully submitted Andrew Alberti Jr