February 2, 2016

Commissioner Carbone

said he had to open the public comment on that item.

Sheriff Wehrly

was present. Dave Caudle urged the Commissioners to hear the appeal for the RIBs as soon as possible and deny the CUP to Utilities, Inc. Chris Erwin from the Pahrump Valley Chamber of Commerce let the Commissione rs know about the Pahrump Balloon Festival on February 26-28, 2016. He advised that Nye Communities Coalition asked to be part of the event to do a free child seat safety check. Mr. Erwin asked permission to use the parking lot in front of the County buildin g on Highway 160 on that Saturday from 8:00 a.m. to 12:00 p.m. Wendy Barnett, president of Utilities, Inc., said at the last District Water Board meetin g her vice president of operations offered an invitation to tour plant 3. She wanted to be sure the Board knew they were personally invited as well. Ms. Barneft thought it would also be helpful to alleviate some of the concerns if she gave a virtual tour. She insiste d their water was clean and was tested quarterly. Concerning the hearing in Las Vegas, Amy Nelson noted the paper said it was about a write off of bad debt related to the loan to PrimeCare and the fiscal watch was a low level monitoring of finances that created greater cooperation and exchange of information with the State. The article went on to say the measure would allow County officials to ask for technical advice or financial assistance from the State. Ms. Nelson asked if that was a remedy to help with unfunded mandates or just the hospital.

Commissioner Carbone

clarified it was just so there would be more communicatio n on things. He added he had asked staff to show what the actual money being paid for unfunded mandates was.

Ms. Nelson

added that Terry Rubald, Executive Director for the Department of Taxati on (DTAX), said the fiscal watch was not a criminal procedure. February 2, 2016

Commissioner Wichman

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

Commissioner Carbone

asked Commissioner Schinhofen about item 9 where he talked about changing the marijuana rules and that he needed it in place by the next meetin g.

Commissioner Schinhofen

advised the date, time, and location should be set at the next meeting in Pahrump so it should be heard in Match.

Commissioner Borasky

said what has become the annual VFW versus the high school ladies softball team game, Battling 1000 the Revenge, would be held Sunday, Februa ry 21, 2016, at noon at the high school softball field. He asked everyone to come by and enjoy a great event which was a fundraiser for the yEW. Entry was $1.00 per person .

Commissioner Carbone

declared the emergency over and no longer in effect.

Commissioner Carbone

was not present. Commissioner Schinhofen assumed the Chair of the Board of County Commissioners.

Commissioner Schinhofen

said a neighbor asked his daughter the other day if it was true the Commissioners were going to make well owners pay for the well water. He noted all five Commissioners were well owners and nothing the Commissioners did had limited any current well owner nor was there a motion to meter any current wells. The items sent to the State Engineer were for him to look at because the Commissioners could not limit wells and if they did they would have to limit their own. Commissioner Schinhofen asked everyone to try to be on the same page and try to solve the problems, not tell people stuff to scare them.

Commissioner Carbone

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

Commissioner Cox

stated last week a mountain lion was shot either by somebody in the County or by the wildlife person that was sent down from the State and she would like to see a written report on it.

Sheriff Wehrly

advised it started out as an animal call so Animal Control responded. They were told it was a wild animal so the Sheriff’s Office went out. The location was about 100 yards away from the backside of Wal-Mart, approximately 50 yards away from the School District office, and about 25 yards away from the first actual home. They cordoned off the area and Animal Control called the wildlife folks. They had the game wardens come in because the SheriWs Office was informed they would tranquilize the animal and relocate it, but that was not what happened. Sheriff Wehrly said the lieutenant for the game wardens decided they were going to just shoot the animal because it appeared very civilized and was a threat. Angela Bello stated this item was limited to announcements for topics and issues for proposed workshops and future agendas and cautioned that this was way off topic. Amy Nelson said she asked Susan Ryhal, Animal Control Officer, why the choice to shoot the cougar was made and was told it was because the cougar was domesticated. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. February 2, 2016

Commissioner Borasky

said he called in for one of his constituents about a lot of potholes on River Plate. Secondly, he noted that Homestead and Hacienda was still not finished and asked what kind of engineering it took to figure out how to fix it.

Mr. Fanning

said he had written two tellers to UICN requesting action and had not received anything. When James Eason first stepped into the position they talked about it and that was the last time anything had been seen or heard. Mr. Fanning said he was going to send it to the District Attorney to ask for legal direction and try to get it moving.

Commissioner Carbone

asked if Public Works had been working on something else for the last two weeks as he knew not all of the things turned in had been done.

Mr. Fanning

said he would follow up on that.

Commissioner Cox

asked for an update on the ripples at the corner of Basin and Blagg.

Mr. Fanning

said he figured they would put that under the contract that they might be doing when they pave and that was all they could do at this point.

Commissioner Wichman

asked if the highway in Monitor Valley had been cleared yet as residents had called.

Mr. Fanning

wanted to say no. He discussed it with Stretch this morning and they were trying to work toward that area.

Commissioner Wichman

advised there was a group of students studying coyotes in Ik&s Canyon who were snowed in as well. Dwight Lilly asked how roads could be turned over to the County for maintenance before a development was built out.

Mr. Fanning

said he would need to know the exact location being talked about, but what the devetopment agreement said would determine the status of the toad maintenance. SITTtNG AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. February 2, 2016 PUBLIC WORKS

Commissioner Wichman

made a motion to award the contract to Qualcon Contractors, to authorize the County Manager to submit the grant application to the Federal Aviation Administration, and to authorize the County Manager to execute the grant once it was received; seconded by Commissioner Schinhofen. Angela Bello advised there were some technical discrepancies in the bid documents with regard to the unit price, It stated they needed to handwrite the unit price which was not done and could be deemed a technicality by the Board which could be waived if the Board found it was in the best interests of the public to do so. Dave Fanning stated that would be his recommendation as it was just an error on how they submitted it but it would not be an error in how it would be awarded.

Commissioner Wichman

restated her motion to award the contract to Qualcon Contractors for the rehabilitation of the runway; 2) authorize the County Manager to submit a grant application to the Federal Aviation Administration with a waiver of the findings that there was an error where it was not handwritten was in the best interest of the public; and 3) to authorize the County Manager to execute the grant when received;

Commissioner Schinhofen

restated is second; 5 yeas. FINANCE 31. For Possible Action Discussion and deliberation to: 1) Award Bid #2016-02 — Type 2 Gravel; and 2) execute the contract.

Commissioner Wichman

made a motion to award Bid 2016-02 for type 2 gravel and execute the contract; seconded by Commissioner Schinhofen.

Commissioner Cox

remarked Wulfenstein was the only one who submitted a bid.

Commissioner Schinhofen

made a motion to reject all three bids and send it back out to bid; seconded by Commissioner Wichman. Angela Bello believed this amount was below the amount necessary to go out to bid so quotes could be solicited.

Mr. Fanning

confirmed they would take quotes now and would not need to go out to bid.

Commissioner Schinhofen

amended his motion to reject all bids; Commissioner Wichman amended her second.

Commissioner Carbone

was not sure if that satisfied the requirement and sugges ted the motion be amended as pointed out by Mary Dawn.

Commissioner Wichman

withdrew her second.

Commissioner Schinhofen

withdrew his motion.

Commissioner Wichman

made a motion to reject all bids given and have Dave Fannin g follow the process he just outlined to the Board; seconded by Commissioner Carbon e; 5 yeas. TIMED ITEMS 8. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or relect Nve County Bill No.2016-01: A Bill propos ing to amend Nye County Code Chapters 16.04 through 16.16 Subdivision of Land in Nye County, and Chapter 16.20 relating to the Division of Land within all areas of Nye County with the exception of the Pahrump Regional Planning District; by amending the minimum lot sizes which may be created, and amending the water rights relinquishment requirements, within Amargosa Valley Basin 230; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

opened the public hearing.

Commissioner Carbone

made a motion to move this item to March 2, 2016, so the Town of Amargosa could put this back on their agenda and validate their written comments to Planning; seconded by Commissioner Schinhofen. February 2, 2016 8. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-01-Cont’d. John Bosta said many of the comments in the proposed ordinance were not in the best interest of the Town of Amargosa. Trevor Dolby, Amargosa Town Board member, thanked the Board for deferring this. Kenny Bent wondered if whatever Amargosa decided was how it was going to be done.

Commissioner Carbone

restated his motion to continue the public hearing to March 2, 2016; Commissioner Schinhofen restated his second; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR 10. For Possible Action Discussion and deliberation regarding approval of a Temporary Wholesale Delivery Liquor License for Breakthru Beverage Nevad a, LLC, 1849 W. Cheyenne Ave., North Las Vegas, NV. Scott Blazek, Applicant.

Commissioner Carbone

made a motion to approve a 90 day conditional temporary wholesale delivery liquor license; seconded by Commissioner Schinhofen; 6 yeas. 11. For Possible Action Discussion and deliberation regarding approval of a Temporary Wholesale Delivery Liquor License for Breakthru Beverage Nevada Beer, LLC, 1849 W. Cheyenne Ave., North Las Vegas, NV. Scott Blazek, Applicant.

Commissioner Carbone

made a motion to approve a 90 day conditional temporary wholesale delivery liquor license; seconded by Commissioner Schinholen; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. AS THE NORTHERN NYE COUNTY HOSPITAL DISTRICT BOARD OF TRUSTEES 16. For Possible Action Discussion and deliberation regarding a Professional Service Agreement between the Northern Nye County Hospital District and Renown Medical Group to provide professional primary and urgent care services.

Commissioner Borasky

made a motion to accept additional back-up; seconded by

Commissioner Wichman

; 5 yeas. February 2, 2016 16. For Possible Action Discussion and deliberation regarding a Professional Service Agreement between the Northern Nye County Hospital District and Renown Medical Group to provide professional primary and urgent care services.-Cont’d. The Board took a short recess to review the back-up. SHERIFF 26. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit for Beatty Volunteer Fire Department. Mike Harmon, Applicant.

Commissioner Borasky

was not present.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. DISTRICT ATTORNEY 25. For Possible Action Discussion and deliberation regarding a settlement agreement with Relias Learning LLC

Commissioner Schinhofen

made a motion to accept the settlement agreement and have the Chair execute it; seconded by Commissioner Wichman.

Commissioner Carbone

explained this was a contract signed in 2013 by the Sheriffs Office that had not been followed through on since. The Sheriff found it going through her contract activities and since it was never used she wanted to cancel it. Angela Bello added it was a five year contract they would be bound to. She said Relias ’ counsel had not received final word that they would accept it but asked to get final approval from the Board.

Sheriff Wehrly

said it was opened one time. There was no lesson plan used, no training used on the program, and it cost approximately $10,000.00 a year for a five year period.

Ms. Bello

further advised they were allowing the contract to be cancelled at this point as long as the outstanding payment from last year was made and if approved by Relias formally.

Commissioner Wichman

said they had been trying to perfect the language of this very simple PSA for four months now. Since Renown’s counsel had not had the chance to review the latest mark-up just received, she asked that Renown’s counsel be given that opportunity and then contact the Chair of the Board who would arrange a special meeting to get it done. She further advised that her illegal motion at the special meeting would be to accept this PSA to provide medical services to the people in the northern part of Nye County and that the agreement be contingent upon the final review and determination of DTAX.

Commissioner Wichman

made a motion to have a special meeting as soon as Renown’s counsel had an opportunity to review this; seconded by Commissioner Schinhofen. Angela Bello advised this agreement had been provided to Renown and she had not heard back as to the changes. She was told last night that Renown would like to make the agreement contingent on a formal Attorney General opinion so she added that language and sent it this morning.

Commissioner Wichman

stated her motion would be contingent upon DIAX as they were the ones who would make the determination. She said she was also told by Ms. Bello last night that she could not talk to the Attorney General anymore or any other attorneys so Commissioner Wichman guessed those opinions did not matter. Larry Trilops from Renown Health said this needed to be wrapped up assuming he could get it turned around quickly. He would need whoever available on the County side to get the changes done at one time, which he thought had been done already. Mr. Trilops said he came down last night thinking everything was great and good to go and he was just finding this out when he got here.

Commissioner Carbone

said a special meeting would be called once staff, the District Attorney, and the County Manager were in agreement that something could be put on an agenda.

Commissioner Wichman

asked for the removal of the statement that there had to be an Attorney General’s opinion and make that contingent upon a review by DTAX. Carl Bottorl, Program Director for Lifeguard International Flying ICU in Tonopah, spoke about the sense of urgency for healthcare in the community. He said when the hospital closed they were the only ones who could take the citizens far away. He described how they, along with the local volunteers, were able to get a heart attack victim to the February 2, 2016 16. For Possible Action Discussion and deliberation regarding a Professional Service Agreement between the Northern Nye County Hospital District and Renown Medical Group to provide professional primary and urgent care services.-Cont’d. hospital in Las Vegas in 80 minutes, but pointed out that did not happen every day and was one reason why a clinic was needed in the community to be a stabilizing force. Robin Rivero asked everyone within heating distance to put all political posturing aside and put themselves in the position of being injured and because of horrendous snowstorms in Tonopah there were no flights out and being in an ambulance was precarious. If there was emergency care here people could be stabilized and pain managed.

Commissioner Wichman

said one of her comments to DTAX was this was the right thing to do and this PSA needed to be in place. She added DTAX needed to be politically persuaded that they were being given the wrong information and this was absolutely what a hospital district’s taxes were used for, to provide medical services. Amy Nelson quoted from the article in the January 29, 2016, edition of the Pahrump Valley Times where Terry Rubald, Executive Director of DTAX, said it did not appear that Renown Health would offer services compatible with providing a full hospital as they would not provide a pharmacy, a lab, or dietary services required by statute. Ms. Nelson said it did not seem to be a political issue so much as the NRS defining what a hospital was and what would be provided. Ms. Nelson knew from different areas that virtual medicine worked and she hoped that got worked out with DTAX. Dwight Lilly said the law was the law and he did not believe the Attorney General could go outside the law. He thought the answer would be to force a special session with the Legislature to give special dispensation to people in rural Nevada.

Commissioner Carbone

advised there was a BDR to interpret the intent of the law and how it as written, but it would not happen until the regular session.

Mr. Lilly

added he went to a luncheon where a helicopter insurance provider was present who noted that there was no participation from the citizens of Tonopah.

Ms. Nelson

thought Angel Flight was still there. Donna Miller, president of Lifeguard International, said Angel Flight were pilots that donated their time to transport patients that requited no medical care to possible doctor appointments. They would not transport any patient that required medical attention because they did not have the medical care or equipment on board their aircraft while Lifeguard International transported sick patients to a higher level of care. Ms. Miller indicated she would get on the agenda to let everyone know they were here. February 2, 2016 16. For Possible Action Discussion and deliberation regarding a Professional Service Agreement between the Northern Nve County Hospital District and Renown Medical Group to provide professional primary and urgent care services.-Cont’d. Herman Lewis said the County was under a fiscal watch because millions of dollars had been missing, stolen or misappropriated.

Commissioner Carbone

said that was incorrect and there was no money missing.

Mr. Lewis

stated according to the District Attorney the County was under fiscal watch because there was a problem with the money and the way it was spent. He added that people got scared when they heard comments that a Commissioner would do whatever was legal or illegal to get what they wanted.

Commissioner Wichman

noted no one in the taxing district complained about paying money for medical services. The District Attorney sent information to DTAX questioning whether or not the tax dollars generated by the hospital district could be used to provide services in the northern district and raised so many questions that Terry Rubald decided she was right so DTAX also believed it was wrong. However, Commissioner Wichman said the County entered into an agreement with the bankruptcy court that required it to put in place a hospital district and the same attorney who led the County down that path offered a full analysis of the history and intent of NRS Chapter 450 which agreed the hospital did not have to be located in Tonopah. The hospital could be located anywhere as long as all of those services were provided. John Bosta suggested a study be conducted of how many people used the facilities in Bishop or Fallon instead of the hospital in Tonopah because the attitude of the population in 2000/2001 was that the people preferred to go to Mammoth or Fallon for hospital care.

Ms. Bello

advised that Mr. Lilly asked her if the County was on fiscal watch. She replied that she believed the County was because yesterday at 4:19 p.m. she received an e mail, as did Pam Webster, Amy Fanning and Commissioner Carbone, entitled notice of fiscal watch status.

Commissioner Carbone

said they were waiting for the actual letter.

Commissioner Wichman

stated that part of the history people were forgetting was in 1999 there was a hospital district and it was operating the hospital. When the County was approached to sell the hospital to Dr. Scoccia and his partners DTAX helped orchestrate that. DTAX had been involved since the beginning. DTAX was able to offer the County more of their assets if it was on a fiscal watch, and that was the recommendation given. Commissioner Wichman advised she had opinions from many February 2, 2016 16. For Possible Action Discussion and deliberation regarding a Professional Service Agreement between the Northern Nye County Hospital District and Renown Medical Group to provide professional primary and urgent care services.-Cont’d. Nevada experts on the NRS that were all attorneys that said the NRS was being read perfectly and the County was doing exactly what it was supposed to do.

Commissioner Cox

asked why the hospital would not be opened and used.

Commissioner Wichman

explained as a hospital it was never feasible. It took a staff of 53 to operate the hospital each month so there was all the expense of that staff when the paying patients were not there.

Commissioner Cox

suggested if there were not enough paying patients to keep a staff of 53 then to go with telemedicine.

Commissioner Wichman

pointed out the model showed first and foremost the clinic to establish a base. At the time Renown presented that they said possibly imaging right after that and urgent care in the future. In recent conversations they thought they had found a way to move the model around to have urgent care come in much sooner and use telemedicine here and a hospital facility they would transport to.

Commissioner Cox

said she was tired of dragging this out and would like to do something today.

Commissioner Wichman

was not present.

Commissioner Cox

made a motion to approve Judy Groene; seconded by

Commissioner Schinhofen

; 4 yeas. February 2, 2016 13. For Possible Action Discussion and deliberation to appoint four (4) members to the Pahrump Veterans Memorial Advisory Committee due to four (4) terms expiring.

Commissioner Borasky

made a motion to appoint Bruce Cox, Dma Williamson-Erdag, Walter Hartley, and Richard Goldstein; seconded by Commissioner Cox; 4 yeas 14. For Possible Action Discussion and deliberation to appoint two (2) members and one (1) alternate member to the Pahrump Parks & Recreation Advisory Committee due to three (3) terms expiring.

Commissioner Schinhofen

made a motion to appoint Gary Thompson and J.D. Webb, and for the alternate Helen Schneider; seconded by Commissioner Borasky; 4 yeas. 15. For Possible Action Discussion and deliberation concerning a request from the Pahrump Nuclear Waste and Environmental Advisory Committee to use no more than $5,000.00 to advertise the annual Earth Day with additional approval to authorize the advisory committee to place these ads.

Commissioner Schinhofen

made a motion to approve this money for advertisement; seconded by Commissioner Borasky. Michael Sullivan, Pahrump Finance Director, said this was a long running event that had never been able to achieve sustainability. They had funded it in the past, but the cost was substantial for what he believed to be a lower turnout each year. Mr. Sullivan’s recommendation in the past had been that the advertising should be community donated, the town should not feed the people, and the costs should be absorbed either by the School District, a recycling franchise, or the chamber members as he did not think it was appropriate for government funds. Also, Mr. Sullivan pointed out it was listed as a tourism item and it was not a tourism item. It was a local event for the youth of the community. John Pawlak, chair of the advisory committee, stated it was not for the youth. It was for the residents of Pahrump and the purpose of their group was to educate and inform those residents.

Commissioner Borasky

said the room tax fund was what put heads in beds and he did not know how Mr. Pawlak justified putting heads in beds for this event.

Mr. Pawlak

explained when there was a town board they were able to get funding from the town. Since it changed over to the heads in beds some years ago it had become harder to obtain the funds. Mr. Pawlak advised they had people who came out of the area to perform and visit and they could stay in the hotels. The committee would also like to put some money back into the advertising for the local papers and television and put people back to work in the town. February 2, 2016 15. For Possible Action Discussion and deliberation concerning a request from the Pahrump Nuclear Waste and Environmental Advisory Committee to use no mOre than $5,000.00 to advertise the annual Earth Day with additional approv al to authorize the advisory committee to place these ads.-Cont’d.

Commissioner Cox

said she was not totally against it, but she agreed the local advertisers could donate something. She remembered when the Powwow came forward and asked for some money they were only granted 50% of what they requested. If the Commissioners could cut this request in half to $2,500.00 she could support it as long as maybe the advertisers could cut theirs by 50%.

Mr. Pawlak

stated they would be more than happy with that. He noted he did go to the advertisers every year to get the best rate and he would do that again.

Commissioner Schinhofen

withdrew his motion.

Commissioner Cox

made a motion to approve $2,500.00 at the most to go to the Pahrump Nuclear Waste and Environmental Advisory Committee for the Earth Day event for this year and look at a different amount next year maybe; seconded by

Commissioner Schinhofen

. Pam Webster asked if the Board was authorizing $2,500.00 for the exclusive use of advertising. She explained in the past they had purchased food for people and she just wanted to clarify if that was approved or if it was just approved for advertising.

Commissioner Cox

did not think the Board could approve feeding the people so it would be just the advertising portion of it.

Mr. Sullivan

asked to have it come out of contingency, not the room tax, and funding was by receipt only and could not be given to a committee. Also, he wanted them directed to make this a sustainable event in the future because everybody came forwar d seeking funding for their events and the town did not have those kinds of funds.

Commissioner Cox

restated her motion to approve the funds to the Pahrump Nuclea r Waste and Environmental Advisory Committee in the amount of $2,500.00 for the Earth Day event for advertisement only and to come out of the contingency fund by receipt only; seconded by Commissioner Schinhofen; 4 yeas. The Board was in recess until 2:00 p.m.

Commissioner Cox

was not present. February 2, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS 17. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regard ing labor negotiations, issues and other personnel matters. This item was removed from the agenda. 18. 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. 19. 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. 20. For Possible Action Discussion and deliberation to set the date and locatio n of the second meeting of the Board of Commissioners for Tuesday, April 19, 2016 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve; seconded by Commissione r Borasky; 4 yeas. 21. For Possible Action Discussion regarding Commissioner Liaison I Representative positions. The position list was in the back-up. Commissioner Borasky advised the Pahrum p Events Advisory Committee no longer existed. 22. For Possible Action Discussion and deliberation to recommend

Commissioner Schinhofen

to fill the vacancy on the Bureau of Land Management Resource Advisory Council.

Commissioner Wichman

made a motion to recommend that this Board send a letter of support for the application that Commissioner Schinhofen put in; seconded by

Commissioner Schinhofen

; 5 yeas. February 2, 2016 CLERK 23. For Possible Action Discussion and deliberation to appoint one (1) member to the Tonopah Town Board to fill a vacancy for an unexpired term due to one (1) resignation.

Commissioner Wichman

made a motion based on the recommendation of three of the four town board members that Don Kaminski take that seat; seconded by Commissioner Sch inhofen.

Commissioner Cox

noted the town board did not make a recommendation at a town board meeting.

Commissioner Wichman

advised town clerical staff told her they had made telephone inquiries to each of the remaining board members available.

Commissioner Cox

wondered if it was legitimate if someone decided to challenge it and thought it should go back to the town board.

Commissioner Wichman

stated it was the Commissioners’ call to make the appointment and the available three town board members recommended Mr. Kaminski.

Commissioner Wichman

stated it had been brought to her attention that some of these nuisances may not be a nuisance and the Board was not getting that information as to whether a nuisance had been established. Commissioner Wichman asked the District Attorney if they were capable of establishing whether or not there truly was a nuisance and if that was the case, she would make a motion to turn it over the District Attorney. Angela Bello advised they had this conversation in her office because option one presumed that there was a nuisance, which she found odd but it was the law. February 2, 2016 24. For Possible Action Discussion and deliberation pursuant to NRS 244.36 0(5) to: 1) direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on January 22, 2016, regarding APN 001-251-04, 611 Waterline Road, Gabbs, Nevada and a) determine and specify a reasonable time for the person to abate said nuisance and b) direct the District Attorney to bring legal proceedings for abatement of said nuisance lithe notice to the person responsible fails to abate said nuisance; or, in the alternative 2) pursuant to NRS 244.360(1) and 244.36 0(2), direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint.-Cont’d.

Commissioner Wichman

asked the Clerk if her office was matching it with the NRS to see if she believed there was a nuisance. Sam Merlino explained it was done during the public hearing. Each party had the ability to bring forth any type of evidence showing there was a nuisance and that was when the Board would make the determination.

Commissioner Wichman

made a motion to direct the Clerk’s Office to set a public hearing not less than 30 or more than 45 days subsequent to the filing of the complaint; seconded by Commissioner Cox; 5 yeas.

Ms. Bello

suggested if the Board ever wanted to use option one they could direct the District Attorney’s Office to evaluate and report back under litigation whether or not she thought it was a winnable case. TREASURER 27. Treasurer’s Report The report was in the back-up. COUNTY MANAGER 28. For Possible Action Discussion and deliberation regarding a lease agreement with State of Nevada Department of Administration, Public Works Division for office space at the County owned facilities located at 100 Frankie Street, Tonopah, Nevada.

Commissioner Schinhofen

made a motion based on staff recommendation to approve the lease agreement with the State of Nevada Department of Administration, Public Works Division, for 729 usable square feet of office space at the County-owned facilities located at 100 Frankie Street. February 2, 2016 28. For Possible Action Discussion and deliberation regarding a lease agreement with State of Nevada Department of Administration, Public Works Division for office space at the County owned facilities located at 100 Frankie Street, Tonopah, Nevada.-Cont’d. Lorina Dellinger advised she was currently working with the District Attorney’s Office and the State. There was one slight amendment they were waiting for approval on and she would have confirmation at the end of the meeting.

Commissioner Schinhofen

withdrew his motion. This item was revisited later in the meeting. [See page 20.] 29. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County submits for the 2017 Legislative Session.

Commissioner Schinhofen

wanted to get rid of the unions.

Commissioner Carbone

noted the half percent sales tax needed to be revised as well as the hospital district NRS in order for the taxes to be used. He also knew he needed to get something done for fire and ambulance for the rurals. Joni Eastley advised the County only got one BDR, but the two legislators would have multiple BDRs and would possibly sponsor one by request.

Commissioner Schinhofen

said another one would be to try to get a fair share of revenues out of Railroad Valley for oil. Pam Webster explained the reason she put this on the agenda was to get it under discussion early as some would require a lot of drafting and working with other parties. She would get a list together and bring it back.

Commissioner Cox

asked what the animal services NRS amendment was about.

Mrs. Webster

said when they were reviewing the Title 6 changes they came across several things they thought would be appropriate for modification.

Mrs. Eastley

added they wanted to see if they could get a legislator to sponsor a BDR to expand the uses for general and special improvement districts to include animal control and animal shelters. February 2, 2016 EMERGENCY MANAGEMENT 30. For Possible Action Discussion and deliberation regarding a request from the Nevada Division of Forestry to submit a letter of support to the Federal Emergency Management Agency regarding their application for the Assistance to Firefighters Grant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Sch inhofen. Vance Payne, Emergency Services Director, explained this was in support of the Nevada Division of Forestry’s application to the Assistance to Firefighters Grant. They were looking to establish a statewide fire information system sharing network so everyone would be able to stay situationally aware of everything going on in the State.

Commissioner Schinhofen

made a motion to approve if it was in the same area; seconded by Commissioner Wichman. Roy Mankins, president of Pahrump Valley Rotary Club, said he showed his board the place and they liked it. All they needed was somebody to do a site survey and approval from the Board to get started. Pam Webster agreed with Commissioner Schinhofen to have Buildings and Grounds help identify what may be in the area.

Commissioner Schinhofen

made a motion to adopt Proclamation 2016-01; seconded by

Commissioner Wichman

; 5 yeas. February 2, 2016 28. For Possible Action Discussion and deliberation regarding a lease agreement with State of Nevada Department of Administratio n, Public Works Division for office space at the County owned facilities located at 100 Frankie Street, Tonopah, Nevada.-Cont’d. Lorina Dellinger advised the State had requested the commencement date be changed to February 2 rather than January 20, as well as the rent terms to begin May 1 instead of April 1. They also requested section 28 be added to allow them to install an antenna to access their network at their cost. Finally, they would like the motion to be contingent upon their approval of the District Attorney’s request that the janitor ial services be provided in the same manner as all other County buildings. Pam Webster added the janitorial service was not currently being done and it would be added to the contract at their expense.

Commissioner Schinhofen

made a motion to approve a lease agreem ent with the State of Nevada Department of Administration with a February 2, 2016, start date, rent to start May 1, 2016, they could put up an antenna to support their services, and they would pay for janitorial services with a monthly rent of $656.10 to be deposited into Fund 10291, County-Owned Building Fund. Angela Bello asked if the extra cost for the janitorial service was includ ed in the base rent or if all janitorial service was to be at their cost.

Mrs. Dellinger

said it was built in to their rent cost per square foot.

Mrs. Webster

advised the Board could only vote on the lease today. The additional square footage to the other contractor she believed she could sign becaus e it was no change to the terms. The tower was no cost to the County. They were modifying a County building which they had permission to do in the lease. The County ’s cleaning contract would have to be modified to do this as right now they were not cleaning this area.

Mrs. Dellinger

said she could get a quote from B & B Cleaning and presen t it to the Commissioners to show the amount was not huge to the janitorial contrac t.

Commissioner Schinhofen

restated his motion to approve the lease starting February 2, 2016, rent to start May 1, 2016, and they could put an antenna on the building for the rate stated of $656.10; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

confirmed with Mrs. Lara that regular meetings had been scheduled with the Comptroller.

Commissioner Carbone

adjourned the meeting. APPROVED this t day ATTEST: Of .2016. Nye tDouy Clerk I Deputy Free people need to be educated to their true self-interest. From 1772-1792 Tom Paine’s Dissertations spoke about justice. He maintained that the foundation-principle of public good is justice, and wherever justice is impartially administered, the public good is promoted; for as it is to the good of every man that no injustice be done to him, so likewise it is to his good that the principle which secures him should not be violated in the person of another, because such a violation weakens his security, and leaves to chance what ought to be to him a rock to stand on. We are witnessing the injustice of special interest groups threatening well owners’ water and endangering our sole source aquifer. Case in point ate the contractors, utilities, and politicians that have a vested interest in stealing the water from the domestic well owners. It would seem that those without wells have no interest in the well owners’ struggle. But as Tom Paine pointed out, if any injustice is suffered by one, then everyone’s security is weakened. Washington DC politics is thriving in Nye County. If you follow the well owners struggle for their right to property, you should conclude that the person without a well, but who still requires water, is the next victim. In “Ramblings of a Madman,” Dan Schinhofen, contrary to all evidence, insists the RIBs are safe according to NDEP, RPC, PUC, the BoCC, and UICN. We agree these are the ramblings of a madman. He is acting as a pied piper to lead away the unsuspecting. He’s giving them a Flint Michigan moment. He’s assuring everyone that there’s nothing to worry about. All the authorities “have given their blessing,” he said. Would someone please ask a resident of Flint if he trusts his “authorities?” Utilities, Inc. has shown no proof that RIBs are safe because they don’t have any, or they would have presented it long ago. They shouldn’t be given any more time to fabricate some. There is overwhelming proof, however, that RIBs are unsafe and a high risk for contaminating the aquifer. Kenny Bent found a federal EPA study stating, “The renovated water could be used for drinking after further treatment.” In short, RIBs destroy the quality of the aquifer. Bent’s appeal to rescind the Conditional Use Permit to Utilities, Inc. must now be accepted. WE DEMAND JUSTICE: NO THEFT OF OUR WELL WATER I NO RIBS! NO MORE BOCC HOODWINKING! THE WELL WATER IS OURS! RIBS ARE UNACCEPTABLE. PERIOD. Dale & Leslie Bates Public comment by Dwight Lilly to be placed in the meeting minutes. Commissioners, A week ago today I sat in the Sawyer Building in Las Vegas, having just heard the Finance chief of the City of North Las Vegas be grilled on the status of their city, and the steps being taken to fix their budget shortfalls. Up to that hearing, this city was the one city where when discussions of irregularities, and financial mismanagement were had, they fit the bill. This gentleman sat down near me and my wife after he was grilled, and up next was Nye county for their grilling, in what appeared more like a trial than a hearing. At one point after eyebrows by the assembled audience, and committee members, and eyeballs rolled on neatly every finding, this city of North Las Vegas financial chief turned to me and my wife and said, “they make us look like angels” And that one quote was as good a description as any to sum up the abolute the findings from a 400 page report prepared after months of invstigation. As the description of the variety of failed reporting and accounting practices were outlined by the staff member at the podium,, the committee members in astonishment made various unflattering comments. This was embarrassing to hear. Unauthorized (under NRS) loans to Primecare, AG rulings that the Northern Nye county Hospital District could not fund operations of a medical facility, that was not a hospital. PElT fund loans that were made without open public meetings or referendums by you commissioners, management by crisis and violations of basic acounting principles. Required reports to the state tax division late or missing altogether. A train wreck was being described of our county finances. As I watched Pam Webster try to explain her management and the various 1 excuses given for these failures, It became apparent that we need a new county manager, that is capable of obeying the law and meeting State records requirements. Before we are insolvent. This was ugly to watch, for the past years I have brought these up as they were uncovered by me in commissioner meetings, in e-mails to you and inthe press. Each time this board of commissioners denied iregularities. Well there is no denying now. This committee voted unanamousty to place both Nye county and Northern Nye County Regional Hospital District on Fiscal Watch status. And the committee chair and others noted that hopefully with oversight and help, the county can be brought into compliance. This was followed by a stern admonishment that lithe county resisted, that the committee would move to the more serious action of taking over the county finances. After this meeting the county spin began, blaming the mismanagement on unfunded mandates and bad legal advice. I obtained a video of the entire proceedings and have watched it twice, making it three times in total. There is no question in my mind that the spin by some media in Pahrump and the commissioners is ridiculous. Anybody that wants to watch for themselves, contact me. We don’t need spin we need better performance by top paid county employees and this board. My questions are, why do the legislative acts concerning mandates have anything to do with incompetence in following the law. reporting requirements or financial practices ? They don’t. The other excuse was that bad legal advice was given, yet why was the state not consulted before action was taken. Once the PEU fund transfer fiasco was brought to the tax divisions attention, they told our DA to tell Pam Webster she had to obey the ordinance restrictions on the PEU funds, which should have been obvious. And as far as the bad advice on the Primecare loans and fund transfers, 2 have the commissioners confronted the former DA and levied any complaints with the Nevada Bar. Nope. Why not? When the hospital district was being discussed, Lorinda Wichman defiantly proclaimed that she would do anything legal---or ILLEGAL to acomplish the goal of insuring medical coverage. This arrogance before the committee was chilling, and after the hearing the commision members in Las Vegas told me they had heard her loud and clear. Not good. You commissioners abdicated your duties to Pam Webster as outlined in the NRS, which explains these same responsibilities. And thus your culpability began. Why you did that is puzzling, if you were incapable of performance of your sworn oath, why did you run for commissioner? You can see the train wreck that resulted. The committee chairman lectured Pam Webster on the fact that once she chose to ignore the NRS, she removed us from their very protections. Like the three monkeys who could neither see hear or talk no evil. Out of site and hope all is alright. Well it is&t, far from it. As I said earlier, we need new county management not more excuses. We need competence at the helm as we try to unravel from the mess Pam and you commissioners created. Dwight Lilly Pahrump 3