December 15, 2015

Commissioner Schinhofen

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

Commissioner Wichman

stated the people she wanted to hear from on this item were those who had not had an opportunity to speak in public over the last 24 months. She then pointed out that this was a plan that had been on the drawing board for almost two yeats, not a law, ordinance, statute, or a bill draft request. A plan was defined in Webster’s as “a detailed arrangement of the parts for an overall objective.”

Commissioner Wichman

said the purpose of this plan was just to keep County staff, contractors and future Board members all on the same path moving forward. Since Commissioner Borasky resided in Basin 162 and was not present for today’s meeting, Commissioner Carbone said he would like to move this until all four Commissioners within Basin 162 were present.

Commissioner Carbone

made a motion to move this down to the next Pahrump meeting on January 19, 2016; seconded by Commissioner Cox.

Commissioner Schinhofen

felt there were decisions that could be made now. He pointed out that any decisions made would go back to the water board to decide what parts of it they would implement and pay for. They would then send it back to the Commissioners to see if there were parts the County would implement or pay for. If there were ordinances involved they would be set for 30 days so there was a whole lot more talking to be done on this plan before anything was in concrete. Commissioner Schinhofen did not agree with kicking it down the road since one Commissioner was not here today.

Commissioner Cox

did not see any reason why it could not be kicked down the road for a few more weeks as it had already taken a couple of years. She knew that

Commissioner Borasky

, Commissioner Carbone and a couple of the other residents would have two special meetings which would not be held until after this Board meeting.

Commissioner Cox

said she did not see any sense in doing this today and having meetings afterwards. “Britt” suggested publishing the relevant information in the local newspaper so everyone got a chance to look at what it was. He also questioned the kind of diplomacy used when selecting the members of the water advisory board as well as if they were qualified to sit there and represent the public. Chris Johnson stated that if Utilities, Inc., or someone else tried to come on his property and take his well away from him they would not be leaving the property. He was also concerned with residents being forced onto city water. December 15, 2015 39. For Possible Action Presentation, discussion and deliberation regarding Draft 6 for Stage One of the Groundwater Management Plan for Basin I 62.-Cont’d.

Commissioner Wichman

said there was nothing in the plan that said water would be taken away from the residents or that residents would be put on city water. Amy Nelson agreed with putting this off until Commissioner Borasky had the opportunity to talk about this and answer some of the issues. Fred Holm thought Commissioner Wichman should recuse herself as her husband said at one of the advisory board meetings that she had helped him write the plan.

Commissioner Wichman

clarified she proofed it for him.

Mr. Hoim

said the utilities, developers, and Jason King were pushing for a high density population, which would bring in other regulations like smog control that he was trying to get away from when he moved to Pahrump. Also, water rights were just intrinsic value and it seemed to him that was why they were trying to increase what they were worth when they were not worth anything really. Mr. HoIm stated it just irked him that this was happening.

Commissioner Wichman

said she would abstain from this vote. Kenny Bent said he had pages of things he would have liked to have seen in the plan that never got there. The first public town hall style meeting was scheduled for this Friday to bring forth other ideas and solutions. Mr. Bent thought the ideas should all be on a table and that the Board should wait a little bit.

Commissioner Carbone

stated his belief that having all of the Commissioners present for this item would be beneficial to the audience.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. December 15, 2015 5. Announcements (first)

Commissioner Cox

said the NCRCC would have their regular meeting this Saturday at 10:00 a.m. in their office on Highway 160. Diane Southworth reminded everyone the MLK Breakfast would be on January 18, 2016. She had tickets today for $12.00 which would be $15.00 at the door. The money went for scholarships for Pahrump students. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioner&/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Wichman

said she was helping to bring forward an item on the next agenda for the Beatty students who were nominated for the close-up project.

Commissioner Carbone

thought a BDR might be needed regarding use of the half percent sales tax as the actual NRS said a legislation change was needed in order to use it in a different manner.

Commissioner Wichman

believed the Legislative Counsel Bureau was doing an analysis.

Commissioner Carbone

advised the Attorney General gave one opinion, but the District Attorney requested a change to that based on the way the County did business as far as the Sheriff was concerned. He then asked to have an item on the agenda for muscular dystrophy aka the boot boys on where they could be located for the collection of money.

Commissioner Schinhofen

thanked everybody who sat on a committee and worked for 21 months on the plan that may be heard next month. He also encouraged people to register and vote. Regarding fireworks, Commissioner Schinhofen had asked before that any new fireworks companies that came in be sprinkled into warehouse so there was not a perpetuation of storage containers and if an ordinance was needed to get that done. Sam Merlino advised the Pahrump Clerk’s Office would have their carpet replaced on January 8, 2016, so either the office would be closed or there would be limited access. December 15, 2015 TIMED ITEMS 8. 10:15 For Possible Action Community Development Block Grant (CDBG) — — Public Meetinci, discussion and deliberation to: 1) address all comments that have been received by the public; 2) make any recommendations to the proposed projects; and 3) select up to 2 County project applications and rank as I and 2; and select up to 2 sponsor project applications and rank as I and 2 based on priority. Mary Dawn Ziotek, Grant Manager, said two projects mentioned in prior meetings were not presented and could still be presented now. Also, CDBG changed their thinking for projects. The County was able to have up to five projects. There were two still open, so three could be submitted (two regular and one sponsored), but as long as a project would close before June 30, 2016, the County would be allowed to submit two regular and two sponsored. Ms. Zlotek asked the Board to rate them two separate ways one — and two in the sponsor, one and two in the regular, and then rate them overall one through four. Susan Gresham presented the skateboard light project for the benefit of the youth in the community.

Ms. Zlotek

presented the lighting project for the Calvada Eye which was submitted last year for consideration.

Commissioner Carbone

made a motion to rank the sponsored items as the Nye County Complex Well Upgrade as number one and number two would be the Nye County Emergency Management Services, and on the regular the skate park and Senior Nutrition.

Commissioner Schinhofen

asked if Commissioner Carbone would accept the rankings of number one the well, number two EMS, and for the regular the first one was the skate park and the last one, and then just rate them that way one through four. Commissioner Carbone agreed.

Commissioner Schinhofen

seconded the motion to rank the sponsored items as the Nye County Complex Well Upgrade as number one and number two would be the Nye County Emergency Management Services, and on the regular the skate park and Senior Nutrition. Pam Webster wanted to make sure everyone was clear on the criteria for award of these projects once it got into CDBG’s hands and suggested the Board choose some that have a higher potential for win even though they might not be what they would like to see proposed.

Ms. Zlotek

said the criteria was the project had to benefit low to moderate income people, senior citizens, and housing, as well as economic development. December 15, 2015 8. 10:15 For Possible Action Community Development Block Grant (CDBG) — — Public Meeting, discussion and deliberation to: 1) address all comments that have been received by the public; 2) make any recommendations to the proposed projects; and 3) select up to 2 County project applications and rank as I and 2; and select up to 2 sponsor project applications and rank as I and 2 based on priority.-Cont’d.

Mrs. Webster

added this was a very competitive arena for a limited number of dollars. Nye County had very good experience in the past with CDBG awards and she wanted to make sure the most competitive projects were put forth.

Commissioner Schinhofen

withdrew his second.

Commissioner Wichman

asked Amy Fanning if all of the projects met the criteria in her opinion.

Mrs. Fanning

stated they were all eligible for consideration and it just depended on what CDBG looked at overall. If they focused on economic development then those projects from other entities would have a higher chance over these.

Commissioner Cox

seconded the motion to rank the sponsored items as the Nye County Complex Well Upgrade as number one and number two would be the Nye County Emergency Management Services, and on the regular the skate park and Senior Nutrition; 4 yeas. 9. 10:45 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 2015-37: a Resolution authorizing a Medium-Term Obligation for the purpose of cleanup activities at the Tonopah Airport FBO Building.

Commissioner Wichman

opened the public hearing. Eileen Christensen from BEC Environmental explained under the grant EPA provided seed money. The County had a certain amount of time during the revolving loan fund process to loan it out and whatever was loaned out the County kept. However, if the County did not loan out the money it went back to EPA and they loaned it to another community. She noted this would be the first loan the County would possibly do for itself and would be an example for other communities. Shane Navara felt it did not benefit the citizens of the County to take grants that were not fully funded and the County should not commit to taking on more grants.

Commissioner Wichman

explained this was a grant that the County already had and received quite some time ago as seed money to put people to work here cleaning up projects that qualified for Brownfields clean-up. Any money she could attract to Nye December 15, 2015 9. 1 0:45 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 201 5-37: a Resolution authorizing a Medium-Term Obligation for the purpose of cleanup activities at the Tonopah Airport FBO Building.-Cont’d. County she was for, but she agreed that if there were matching points on it they had to pay attention to that.

Commissioner Wichman

closed the public hearing. Pam Webster wondered how much longer the County had to loan the money.

Ms. Christensen

said the money needed to be loaned by the end of the grant. Amy Fanning added that was September 30, 2018 or 2019.

Mrs. Webster

said she was going to recommend the Board open this and not take action today, but even if the County did not need all the money she thought the Board should approve the item and if all of the money was not used it could be paid right back.

Commissioner Schinhofen

made a motion to approve Resolution 2015-37; seconded by

Commissioner Cox

asked what the clean-up activities for the Tonopah Airport were. She also wanted to know how many jobs would be created by this. Dave Fanning, Public Works Director, explained it was the original 1942 FAA building that had been there forever, It was cited in a clean-up which constituted this job coming forward. He said they were working on getting a new FEC building set in its place, which was a modular building donated by the School District two years ago. They were looking at demolishing the building if the environmentals came through. If they could not do that, then an FEC operator who lived adjacent to the building had moved out his private residence and they could possibly set it right there.

Ms. Christensen

advised there would be about six jobs created. It would need to go out for an RFP, but many of the contractors she had talked to hoped to use some graduates from the job training program who were hopefully Pahrump residents.

Mrs. Fanning

stated NRS and the Department of Taxation required a resolution for a medium term obligation and this resolution would be a template for the coalition partners to use as well.

Commissioner Wichman

opened the public hearing.

Commissioner Schinhofen

read an e-mail from Marlene Johnson opposing the bill which was stricken from the record based on Board policy as described by Pam Webster. Dave Stephens expressed his belief that the animal shelter was needed in the town and that should be where the focus was. Robert Wannberg felt the proposal was intrusive, violated the constitutional property rights of law abiding citizens, and caused an undue financial hardship. He said irresponsible owners should be pursued, not law abiding citizens, and that the existing ordinance was sufficient to address irresponsible pet owners. Mr. Wannberg asked that this bill not be passed as it was not in the interest of the citizens of Nye County. Diana Johnson stated she collected 206 signatures on a petition to reject this proposal and requested that they be accepted. She felt the zoning on this was kind of off the wall as far as it discriminated against responsible pet owners. Linda Hatley thought that since Pahrump did not have a shelter this was not the time to try to change. Without a shelter people were being asked to get rid of some of their animals with nowhere for them to go. Ms. Hatley felt the limits needed to be talked about with a better reasoning of property size. Darrell Lacy, Planning Director, advised this was a recommendation from the Regional Planning Commission. He said animals were probably one of the most contentious issues that came in front of that board with complaints about noise and flies. While a one acre lot was a pretty good sized lot, it only had a 20 foot setback to the neighbors so neighbors with dogs barking could definitely have an adverse affect on the enjoyment of property. This proposal was an attempt to find the proper regulations. Five animals or less would not require a permit, six to ten would require a CUP, and more than ten would require larger acreage.

Commissioner Wichman

asked if without this ordinance there were still other reasons the Sheriffs Office would respond. Undersheriff Brett Moody advised the Sheriff’s Office would respond to a call of barking dogs for investigation of the alert or if it was disturbing the community. He said he had been with the Sheriff’s Office just about a year now and they had not issued any citations or criminal complaints for anyone with barking dogs. December 15, 2015 10. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) Adopt, amend and adopt, or reject Nve County Bill No. 2015-15-Cont’d.

Commissioner Carbone

explained this had to do with just the property and how many animals could be on a specific sized piece of property. He noted over 16,000 animals passed through the shelter in the last couple of years, which was a lot of animals for a small community of a little under 30,000 people, and only 2,100 animals in the County had been vaccinated and licensed.

Commissioner Wichman

asked Vance Payne, Emergency Services Director, if this was complaint driven or if they would wander around looking for violators. Mr. Payne indicated from the audience that it was complaint driven. Janice Brown suggested using volunteers and grants to resolve the shelter issue. She also found limiting a household to five animals very offensive. She felt if the Board could resolve the shelter with volunteers and grants, and force Animal Control to give more citations to the ones breaking the law, then the law did not need to be changed, just enforced better and that money could be put into the shelter. Shane Navara was against the bill. He said there were USDA guidelines from the federal government that outlined how many animals per square foot and what their living conditions should be. He felt the planning and zoning board needed to adopt those guidelines and did not believe zoning was the correct area to try to create more enforcement issues.

Commissioner Wichman

did not think the problem was the animals or how many animals one should have. She thought the problem was the people, but that was the way of everything, not just animals. When people decide to live right in the same neighborhood was when the laws became necessary because peace had to be kept between neighbors.

Commissioner Wichman

was not present. Commissioner Carbone assumed the Chair of the Board of County Commissioners. Scott Shoemaker, Chair of the Animal Advisory Committee, explained the tiers were instituted in 2003 to alleviate the issue zoning had for over ten dogs and cats. All that was available was commercial kennel, so they instituted Tier I and Tier II. It was now 2015 and the reality was that those permit holders had no complaints against them. The people in the court cases were either people who refused to get their permits or had cruelty issues. Mr. Shoemaker was against making it more restrictive and felt adding an additional step for a CUP would not help.

Commissioner Wichman

was present and assumed the Chair of the Board of County Commissioners.

Commissioner Wichman

asked how many complaints brought this about. December 15, 2015 10. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 5-1 5-Cont’d. John Koenig, Chairman of the RPC, said a few and noted that one of the things this did was give the neighbors a say. If someone wanted five dogs or cats, and wanted five more, they would go to Animal Control and get their permit and their neighbors had nothing to say about that. If a CUP was needed it came to the RPC and the neighbors were involved.

Commissioner Wichman

noted the troubles with enforcement of this simply because there was no staff or shelter due to budgeting issues. She asked the Sheriff if answering the calls with a new ordinance or answering the calls to the neighborhood where all the animals were getting poisoned took longer.

Sheriff Wehrly

stated there were tons of laws on the books that probably were not used because she did not have the staff to enforce them so the only way those laws were ever brought up was when they had a complaint. She did not have the luxury of going through the NRS and code book and going out and enforcing laws without a call attached to them.

Commissioner Wichman

said her other point was that there came a time when laws and rules had to be developed to make it livable for everyone in the community and she understood that, but she was not an advocate of it until she was forced to, She wondered if the Board was legislating for 5% or 10% or 90% and said the Board could not legislate for each individual person.

Mr. Koenig

reiterated that all this did was when someone wanted ten dogs the neighbors were notified. Chris Johnson was a 17 year veteran and felt the Commissioners were threatening the veterans and their animals with this ordinance. He was ready to get a hold of any congressional representative he could as well as any national veterans’ organization to tell them about this ordinance. Chris Sanders asked if there was any livestock not permitted in RE1 and RE2.

Mr. Sanders

pointed out that Title 50 of the NRS defined livestock as including dogs and cats and that recently an Animal Control Officer told him Title 6 trumped NRS. He spoke of a United States Circuit Court of Appeals case from 2008 (United States vs. Round Park and Mary Park) in which the court was asked specifically to define livestock for a kennel operation on a livestock easement. The court ruled that dogs were livestock and cats, guinea pigs or any other animal in reference to a farm could be qualified the same. December 15, 2015 10. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2015-15-Cont’d. Gordon Wiks stated that the NRS definition of animals was anything that was not human, so the ordinances would have to be rewritten to include all animals or to specify particularly in every line that it was dogs and/or cats. Dave Stephens suggested having a round table meeting to discuss this.

Commissioner Wichman

closed the public hearing.

Commissioner Schinhofen

said this always brought up lots of questions and brought out lots of misinformation. If this was not adopted today then there would still be Tier I and Tier II. Commissioner Schinhofen thought there needed to be something for those peàple and he would like to get rid of the Tier I permit altogether.

Commissioner Schinhofen

made a motion to reject this resolution and direct staff to get rid of Tier I and go to Tier II; seconded by Commissioner Cox.

Commissioner Cox

said she would like to eliminate Tier II also as this did not belong in zoning.

Commissioner Schinhofen

suggested bringing back one tier for more than ten and then they could have that discussion.

Commissioner Schinhofen

restated his motion to reject this ordinance and direct staff to bring back a tier permit that started at more than eleven; Commissioner Ccx restated her second; 3 yeas. Commissioner Carbone voted no. The Board was in recess until 2:00 p.m. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 11. For Possible Action — General road report by Public Works Director Dave Fanning advised they were currently puffing together a couple of bids for the Gamebird and Barney project. On Homestead they were still working with the right-of way sliver buyout on the southeast corner of Gamebird and Homestead. They would then focus on looking into the fairgrounds. Additionally, they were getting ready to submit the application to NDOT for a four lane interchange as the Board requested for the access into the fairgrounds from the highway so when NDOT did their modification to the highway it would be four lanes. Mr. Fanning indicated it might be too late but it would get it on the radar screen. December 15, 2015 11. For Possible Action — General road report by Public Works Director-Cont’d. Tim Carlo from Public Works advised there was snow all over up north on top of the flood repair that they still had to do. That flood repair should take another six to eight weeks to do from the last storm.

Commissioner Wichman

advised she got a very nice phone call the other day which was very complimentary of the work done in Sunnyside as well as to Mr. Carlo personally. She then asked Mr. Fanning to call Steve at 209-0078 who had questions about Ohio and Mountain View North.

Mr. Fanning

added that the four trees at the end of the Eye were going to be cut down. They got pulled off to do the flood control, but they were squeezing them in.

Commissioner Schinhofen

said there was another dead one in the center of the isle.

Commissioner Carbone

asked about the lights running down Calvada which were still out. Pam Webster explained they were looking into solar light kits that could be mounted on the poles to solve the problem forever and not have to worry about tracing wires or paying for electricity to keep them lit.

Commissioner Cox

wondered who cut the lines and why the County was paying for something someone else damaged.

Mr. Fanning

advised that everything they knew that the contractor damaged was resolved under the contract. Public Works hit two or three water lines and one power line which they repaired. Mr. Fanning did not know of anything other than that.

Commissioner Carbone

said he received a message from Jerry Thomas who believed the County was going to do something for him regarding putting Type II down in his area on Blagg.

Mr. Carlo

explained they had gotten a little bit of shoulder material up in his driveway.

Mr. Thomas

was told Public Works would push some of that out and put a scoop of Type II back in. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. December 15, 2015 PUBLIC WORKS 37. For Possible Action Discussion and deliberation concerning setting a date, time, and location for a Public Hearing on the results of Public Works identification and determination of improved roads and streets maintained by Nve County during Calendar Year 2015 for the purposes of compliance with Nevada Revised Statutes Chapter 365.550 with respect to Proceeds of Tax Levied pursuant to NRS 365.180; and other matters properly related thereto.

Commissioner Carbone

made a motion to set a time, date and location for a public hearing on Public Works identification and determination of improved roads and streets maintained by Nye Countyforthe 2015 calendaryearforJanuary 19, 2016, atthe Board of County Commissioners at 10:30 a.m.; seconded by Commissioner Schinhofen; 4 yeas. 38. For Possible Action Discussion and deliberation to approve: 1) the Nevada Department of Transportation (NDOT) Road Use and Damage Remediation Agreement; and 2) the Wulfenstein Construction Pole Line Road Gravel Pit Use Agreement.

Commissioner Schinhofen

made a motion to approve 1) Department of Transportation Road Use Damage Remediation Agreement and 2) the Wulfenstein Construction Pole Line Gravel Pit Use Agreement; seconded by Commissioner Carbone; 4 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Cox

assumed the Chair of the Licensing and Liquor Board. GAMING 12. For Possible Action Discussion and deliberation regarding approval of a Gaming License for Bally Gaming, Inc, dba SG Gaming to become a licensed slot route operator for Nye County. Derik Mooberrv, Applicant.

Commissioner Carbone

made a motion that all the paperwork was in order, fees had been paid, the background was completed and there was nothing in the background that showed any possible problem to receive the license; seconded by Commissioner Schinhofen; 5 yeas. December 15, 2015 LIQUOR 13. For Possible Action Discussion and deliberation regarding approval of a Temporary Package Liquor License for Three Deserts of Nevada, LLC dba Three Deserts 76, 1300 Main Street! Tonopah, NV. Gary Moore, Applicant.

Commissioner Carbone

made a motion to approve a temporary package liquor license not to exceed 90 days; seconded by Commissioner Wichman; 5 yeas. 14. For Possible Action Discussion and deliberation regarding approval of a Package Liquor License for Good & Fast Deli, 1700 S. Pahrump Valley Blvd. Pahrump. NV. Patricia Rodgers, Applicant.

Commissioner Carbone

made a motion to approve said liquor license. All the paperwork was in order, fees had been paid, and the background had been completed; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABES, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 16. Business Recognitions

Commissioner Schinhofen

said Valley Signs owned by Mike Schmidt had donated to the Independence Day Parade and other charitable organizations. Mr. Schmidt could not be here today so Commissioner Schinhofen would bring him the certificate of appreciation from the Town of Pahrump for doing business in the town. Commissioner Schinhofen encouraged the other Commissioners to bring some names forward. 15. Committee Reports

Commissioner Cox

advised she was at the lands committee meeting last night. They were moving forward on the Last Chance Park and the bridle paths. The Board should hear a full report from them soon. 17. Ambulance Services Report Pam Webster explained she had not been able to finalize the report and it would be on the next agenda. December 15, 2015 18. For Possible Action Discussion and deliberation regarding the Professional Services Agreement between the Town of Pahrump and Municipal Code Corporation and direction to staff regarding an evaluation of all Pahrump Town Ordinances.

Commissioner Wichman

thought a review of the town ordinances was already taking place. Lorina Dellinger said it had been, but not by direction of the Commissioners. She explained that the way the Town of Pahrump was structured and continued their local laws remained Pahrump town ordinances with their own code. If they were brought under the contract with the County code they would have their own branch. The town was currently contracted with a different company.

Commissioner Carbone

made a motion to not continue the contract with Municipal Code Corporation and to incorporate it into Sterling; seconded by Commissioner Schinhofen. Pam Webster added they would bring back recommended changes and modifications and then use Sterling for anything they thought needed to be codified.

Commissioner Schinhofen

made a motion to approve items 19-21; seconded by

Commissioner Cox

; 4 yeas. 20. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 19-21; seconded by

Commissioner Cox

; 4 yeas. 21. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, January 19, 2016 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 19-21; seconded by

Commissioner Cox

; 4 yeas. December 15, 2015 BOARD OF COMMISSIONERS 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. This item was removed from the agenda. 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. This item was removed from the agenda. 24. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. CLERK 25. For Possible Action Discussion and deliberation to appoint one (I) member to the School District position on the Capital Improvements Advisory Committee due to one (1) resignation. This is for an unexpired term to end December 2017. Sam Merlino advised that this would only be until December, 2016. The School Board recommended every year so the School Board appointment was always for one year.

Commissioner Carbone

made a motion to approve Teresa Stoddard for this position; seconded by Commissioner Schinhofen; 4 yeas. DISTRICT ATTORNEY 26. For Possible Action Discussion and deliberation to: 1) determine one computer voice stress analyzer (CVSA) system at the Nye County District Attorney’s office is no longer required for public use; 2) surplus the system; and 3) it is in the best interest of Nye County to dispose of the system by sale/auction pursuant to NRS 332.1 85. This item was removed from the agenda. December 15, 2015 SHERIFF 27. For Possible Action Discussion and deliberation regarding the transfer of possession and ownership of K-9 Hoss.

Commissioner Carbone

made a motion to approve allowing Mr. Thomassian to have possession of his dog; seconded by Commissioner Cox; 4 yeas. TREASURER 28. Treasurer’s Report Richard Biliman, Treasurer, said the October Treasurer’s report was in the back-up and offered to answer any questions.

Commissioner Wichman

asked if he or one of his staff met with Amy Fanning yet for the monthly reconciliation meeting. Mr. Biliman said not yet.

Mrs. Fanning

advised they would meet next week to start developing an agenda.

Commissioner Carbone

asked Mr. Billman to explain some of the red marks on the report.

Mr. Biliman

indicated a lot of them were extremely old with small amounts of money left in an account and not removed.

Mrs. Fanning

explained those required the monthly reconciling meetings to make sure any adjustments that needed to be made were being made by Finance.

Commissioner Cox

asked to have the red lines on the report go all the way across.

Commissioner Schinhofen

said he wanted the Yucca oversight and Yucca public safety funds totaling $3.64 transferred.

Mr. Biliman

said his office was trying to get ready for the auction in April. The last auction pulled in about $600,000.00 or $700,000.00. The auction not only provided money to the County directly but also provided continuing revenue in the form of taxpayers now owning the properties.

Commissioner Carbone

asked for a list of all the properties that had not sold as part of the tax sales for the last five years. Mr. Biliman said he would see what he could do. December 15, 2015 COUNTY MANAGER 29. Ongoing Project Report The report was in the back-up. Comm issioner Wichman asked about the new business report. Pam Webster said that would be done quarterly and there should be one next month. 30. For Possible Action Discussion and deliberation regarding a policy for posting documents on bulletin boards located in County buildings. Pam Webster asked the Board to not take action on this item yet as she got a recommendation from the District Attorney who requested that a short policy be done.

Mrs. Webster

would have that at the next meeting.

Commissioner Schinhofen

pointed out it said no match but then talked about 50%.

Mrs. Webster

explained that was the preparation of the grant application that the County would not get back.

Commissioner Schinhofen

made a motion to approve all three items; seconded by

Commissioner Carbone

; 4 yeas. December 15, 2015 FINANCE 32. For Possible Action Discussion and deliberation regarding the status of Fund 10510110511 Solid Waste to adopt, amend and adopt, or reject Nye County Resolution No. 2015-36: a Resolution to augment the 201 5-2016 budget of Nye County. This item was removed. 33. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 5-41: a Resolution authorizing to Commit Fund Balance within the General Fund. Pam Webster asked the Board to not take action on this item as she found that it might require a slight modification and she did not know what it was at this time.

Commissioner Cox

asked to have the red lines brought all the way across on this report too. She was also concerned with Planning being able to pay for itself as it was at 148% and 144% on wages and benefits.

Mrs. Fanning

agreed that there was not enough even with the elimination of a position from their budget. However, the new medical marijuana businesses were not taken into consideration when the budget was set so she would like to audit that. There were also things coming out of Planning that should have been charged to Building and Safety. Darrell Lacy advised that $91,000.00 would be transferred from Planning to the Building and Safety code enforcement account and he had submitted the journal entry.

Mrs. Webster

explained that Planning was not an enterprise fund, It was a general fund and no one in the general fund supported themselves. They were funded through general fund revenues. December 15, 2015 34. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections and possible actions.-Cont’d.

Commissioner Wichman

asked what was holding up the distribution of the public safety sales and use tax to put guys on the street fighting crime in the other areas.

Commissioner Carbone

advised they were waiting on the Attorney General’s opinion on how to use that money. Based on the way the act was written it had to be based on 2007 and if that calculation was used it would be zero. The Attorney General was asked for a different opinion based on when the bill was put in place in 2013. The County also wanted to be able to say the Sheriff was only one entity and not spread across Beafty, Amargosa Tonopah, etc., as it was written up as a multiple entity which meant the County would get zero.

Mrs. Webster

further explained the NRS referenced a base year and if the budget fell below the level of that base year the money could not be spent because it was perceived as augmenting the budget and that money was not meant for that. It was only for additional services. While the baseline directed the budget and whether the money could be distributed at all, Mrs. Webster understood that the towns would have the fire portion of the money distributed to them to spend, and they would be responsible for reporting their compliance to the Department of Taxation.

Commissioner Carbone

commented that Clark County had the same problem and got the legislation changed. Christie Kindle advised the Attorney General’s opinion made a false assumption that the cities had their own law enforcement separate from the Sheriff’s Office, which was why they were asked to redo their opinion.

Commissioner Wichman

asked what the expenditure of about $7,625.00 in the Northern Nye County Hospital District Fund 74101 was for. Mrs. Fanning explained that was for the propane and electric bills. 35. For Possible Action Discussion and deliberation regarding awarding bid for the Abatement of Savoy Property.

Commissioner Schinhofen

made a motion based on the recommendation of the Finance Department to award the bid to Ron Murphy Construction of Pahrump in the amount of $22,940.00, $5,000.00 of which was tipping fees which would come back; seconded by

Commissioner Carbone

. Amy Fanning advised this would leave approximately $41,000.00 in contingency.

Commissioner Schinhofen

made a motion based on staff recommendation to approve effective January 4, 2016; seconded by Commissioner Carbone.

Commissioner Carbone

commented that everyone needed to understand that next year may be a whole different story and the County may have to look at other ways of getting money by other reductions in departments if they wanted to keep people.

Commissioner Wichman

added there were also no net proceeds coming in for the next budget cycle and she thought that would be the lowest point before the County started any kind of movement back up again.

Commissioner Cox

asked what would happen to these jobs if the economy started going backwards instead of forward.

Commissioner Wichman

felt Commissioner Cox was assuming the County was continuing to add people and it was not. She pointed out the employment levels now were back to 2005 or 2006 levels.

Mrs. Webster

added these were budgeted positions being replaced after a 90 day vacancy period. In this case it had been longer because the accruals had to be covered and paid out plus 90 days. The County was not increasing at all, but Mrs. Webster said the valid point that Commissioner Ccx was making was that next year the County was looking at a 7% shortfall and a global approach was needed as to how to accommodate that.

Commissioner Carbone

suggested the County may need to start looking at properties, vehicles, equipment, etc., to sell to augment that shortage.

Commissioner Wichman

asked how much the net proceeds were last time. Amy Fanning thought it was about $1.1 million.

Mrs. Webster

emphasized the importance of doing a global review of how to solve this dilemma rather than picking one or two positions arbitrarily at this point. She felt that review should be done shortly after the first of the year to give people time to react. The Commissioners and Mrs. Webster then discussed different ways to fund the Pahrump animal shelter including donations, privatizing, and setting up a GoFunUMe account on Facebook

Commissioner Carbone

made a motion to recognize January as National Radon Action Month; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Carbone

made a motion to adopt the plan; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Wichman

adjourned the meeting. APPROVED this I day ATTEST: Of U , 2016. Chair 4 Nye)Couy Clerk / Deputy