February 16, 2016

Commissioner Wichman

made a motion to approve. Pam Webster stated items 6, 8j., and 31b. could be removed from the agenda. As for item 9b., she would ask when they reached that item to have no action taken on it.

Commissioner Schinhofen

seconded the motion to approve; 5 yeas.

Sheriff Wehrly

was present. Dwight Lilly pointed out that nobody was filming the meeting today as Herb was in Centennial Hills Hospital. Mr. Lilly asked everyone to pray for him. Secondly, Mr. Lilly advised the Republican caucus would be on February 23, 2016. Finally, he asked that item 34 be moved to the front of the agenda. February 16, 2016 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. Louis DeCanio discussed the problems with the local economy. He had noticed problems in various County departments which were just covered up due to the fact that most people in Nye County were hired on their connections, not their ability or qualifications. He felt each department should be looked at to ensure eight people were not doing the work that could be done by two. Mr. DeCanio stated the problems could be fixed if the Commissioners did the job they were elected to do. Dale Bates read a statement (attached) regarding the need to sign waivers before he could tour the UICN and PUCI plants. He also wanted to see the entire process, but was only going to be allowed into certain areas. Between the waiver requirement and the limitation on the tour he wondered what was really going on in the plants. Andrew Alberti, Jr., read a statement (attached) regarding NRS Chapter 241.010 and

Commissioner Wichman’s

statement about not having a conflict of interest when voting on water issues even though her husband advised the Water Board. In Mr. Alberti’s opinion, the statement made by Commissioner Wichman needed documentation including, among other things, the names of the person advising her, the exact wording of the question, and a written response to that question on attorney letterhead. The information should be provided as an agenda item for open discussion by the other four Commissioners. Diane Southworth stated the Democratic caucus was on February 20, 2016. Robert Adams, Chair of the Public Lands Advisory Committee, advised they had high absenteeism this year and often had not met quorums. He suggested changes to the by-laws to lower the membership and inclusion of mandatory OML training as well as dating the versions so everyone knew which was the most current. Mr. Adams also recommended the membership reflect proportionally the public land users in and around Pahrump. Due to not being able to achieve quorums and being down to a three member body, he asked the Board to review the applicants and appoint the members. Suzanne Gresham advised she had the sealed plans from the engineer for the light at the skateboard park and now just needed Valley Electric to allow them to plug in. John Weisser reviewed the history of Nye County and asked the Commissioners to commemorate May 3, 2016, as it was Nye County’s 150th anniversary of being part of the State of Nevada. Linda Hatley said during her prior presentation she had heard a comment that it was a little shy on money. She wanted to let the Board know they could get grants and spend up to $500,000.00, but since they had volunteers and could get the rocks and kiosk for free her $7,000.00 figure was a good number. She noted her group had been working February 16, 2016 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. on this for 12 years and needed to do something soon. Ms. Hatley asked if they had to spend $500,000.00 or if they could make it all volunteer. Sally Kerr, representing the Nevada Outreach Training Organization, advised they had an opportunity to write a grant that would be in cooperation with the Sheriffs Office to help fund training and pay to Sheriff’s deputies to go for training. The grant would require the Board of County Commissioners’ review and approval, however, Ms. Kerr’s agency would act as the lead in the grant process and would do all the reporting. She added this particular grant was from the U.S. Department of Justice and did not require a match. 2. Approval of the Agenda for February 1 6-Cont’d.

Commissioner Carbone

asked about the closed sessions. Pam Webster advised there would be a closed session for labor at the end of the meeting.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Carbone

inquired about Commissioner Cox’s request for an agenda item regarding guns in the courthouse.

Commissioner Cox

advised an opinion from the District Attorney’s Office was needed and it should be coming up next time.

Commissioner Borasky

said on page 6 where it stated he went to the United States Veterans Building “and Bonanza” it should say “on Bonanza.”

Commissioner Schinhofen

amended his motion to reflect that correction; Commissioner Wichman amended her second; 5 yeas. February 16, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

said the balloon festival was coming up on February 26-28, 2016, and information for it was on the Pahrump Web site. On Sunday, February 21, 2016, the annual VFW versus the girls’ high school softball game would be held starting at noon. The entry fee was $1.00 per person and the funds went to the VFW and the girls’ softball team. Also, the town clean-up would be on February 20, 2016. Everyone would meet at the Bob Ruud Community Center.

Commissioner Carbone

said the meeting for the clean-up was at 8:30 a.m., and everyone who had vests should bring them. Katrine Romanoff advised the Board of a group formed by the Republican Party called Being Informed. They would have a meeting on February 27, 2016, from 10:00 a.m. to noon, at 3370 S. Highway 160, Suite 6, and a video entitled “Trading Away Your Freedom” would be shown.

Commissioner Schinhofen

asked about the power for the fairgrounds. Pam Webster stated they were in the process of moving forward right now, but it would not come back to the Board as it had already been approved.

Commissioner Schinhofen

wanted the commemoration of May 3, 2016, put on the agenda. Additionally, there were changes that needed to happen to the medical marijuana issues, particularly extraction and renewal, and he wanted that put on the March 1, 2016, agenda so the Board could hear it by April. February 16, 2016 7. Comm issioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d.

Commissioner Borasky

read the language from the front of the agenda regarding public comment during the Commissioners’ meeting. At the last meeting he had asked the District Attorney for a change in that to read “The Commissioners reserve the right to reduce the total time allowed for public comment. The Commission may prohibit comment if the content of the comments is a topic that is not relevant to or within the authority of the Commission or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or among the personal attacks or interfering with the tights of other speakers.” He asked Maria Ziotek to check with the District Attorney to see if there would be any changes made and if so when.

Commissioner Borasky

confirmed with Mrs. Webster that the next agenda would have an item regarding unfunded mandates.

Commissioner Wichman

noted there had also been a request to use volunteers from the Town of Beatty to get some renovations done in the kitchen community center, it was not a large enough job to attract general contractor bidders, but there were people there with skills.

Mrs. Webster

said there was a volunteer program the County had used on many projects which could be used at the community center in Beatty as long as it was able to be inspected and done properly. FINANCE

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-07; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-22; seconded by Commissioner Wichman; 5 yeas. February 16, 2016 31. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolutions to create Funds as follows:-Cont’d. 31 b. Nye County Resolution No. 2016-23 Nye Regional Hospital Bad Debt Recovery Fund 10287.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-24 through Resolution No. 2016-27; seconded by Commissioner Wichman. Amy Fanning advised these resolutions were part of the audit.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-28 through Resolution No. 2016-37; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

was not sure how much more could be cut and continue to provide service.

Commissioner Cox

suggested consolidating some of the departments.

Commissioner Wichman

said she learned the property the museum was sitting on was on an R&PP lease through BLM with a reversionary clause. That meant if funds to the museum were cut to the point the museum had to close the County would have to remediate everything on the property and turn it back over to the BLM, which would take millions. She suggested taking that off the table.

Mrs. Fanning

indicated that by the March 1,2016 meeting she should have the revenue numbers from the State and would have a clearer picture. She also reminded the Board of the property tax cap issue and how it would take until 2020 to recoup where the County was five years ago. Dwight Lilly noted he did not see a Treasurer’s Report in the agenda and asked if those were behind. Secondly, he wondered where the public would get the information Mrs. Fanning was using to address the Commissioners.

Mrs. Fanning

stated all the back-up was on the Web site under the agendas.

Commissioner Carbone

suggested Mr. Lilly speak with Richard Billman regarding the Treasurer’s report. Linda Hatley asked about the additional $10.00 the animal people said they would like on the property tax bill to either help with the shelter or animals.

Commissioner Carbone

suggested Ms. Hatley talk with Andy Alberti and try to get it on the ballot as that would probably be the best way.

Mrs. Fanning

confirmed for Richard Goldstein the shortfall was approximately $2.5 million.

Commissioner Schinhofen

asked how much the mining revenue was. Mrs. Fanning advised the County’s net proceeds were usually about $1.1 million a year. Herman Lewis said he had reviewed some of the employee compensation packages on the Transparent Nevada Web site and felt the shortfall could easily be wrapped up if the Commissioners were proactive about some of the outrageous compensation packages. He asked if there could be a public forum to talk that about as well as rolling people who wore multiple hats into one instead of giving them multiple paychecks. February 16, 2016 34. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget prolections and possible actions.-Cont’d.

Commissioner Carbone

corrected Mr. Lewis in that no one received multiple paychecks. Kim Lara, Chief Deputy Treasurer, clarified that the Treasurer’s Office was in compliance with submitting the monthly reports. December’s was on the last Commissioners’ meeting and January’s was almost done. She explained they had 30 days to complete those and January’s would be on the March 1,2016 agenda. TIMED ITEMS 8. 10:30 For Possible Action Public hearing, discussion and deliberation to — — adopt, amend and adopt, or reiect Nye County Resolutions to augment County Funds as follows: 8a. Resolution No. 201 6-08 911 Emergency Systems Fund 10213 in the amount of $10,939.00; 8b. Resolution No. 201 6-09 Agricultural Extension Fund 10218 in the amount of $57,777.00; 8c. Resolution No. 201 6-10 Juvenile Probation Fund 10230 in the amount of $208,211.00; 8d. Resolution No. 2016-11 Medical & General Indigent Fund 10283 in the amount of $185,365.00; 8e. Resolution No. 201 6-12 Dedicated Medical Indigent Fund 10284 in the amount of $36,425.00; 8f. Resolution No. 2016-13 Health Clinics Fund 10285 in the amount of $18,936.00; 8g. Resolution No. 201 6-14 Capital Projects Fund 10401 in the amount of $164,513.00; 8h. Resolution No. 201 6-15 Gabbs Town Fund 23101 in the amount of $105,373.00; 8i. Resolution No. 201 6-16 Manhattan Town Fund 27101 in the amount of $33,737.00;

Commissioner Carbone

opened the public hearing. Pam Webster asked that no action be taken on item 8j. Amy Fanning explained these were augmentations based on the audit. Since ad valorem taxes supported these funds a public hearing was required. Item 8j. was being removed as the Board of County Commissioners did not oversee the Water District.

Commissioner Carbone

closed public hearing.

Commissioner Schinhofen

made a motion to adopt Resolution No. 201 6-08 through Resolution No. 2016-16; seconded by Commissioner Wichman; 5 yeas. 9. 10:30 For Possible Action Public hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolutions to augment funds due to passage of Nye County Bill no. 2015-13, a Bill that abolished the policy for use of all Payments Equal to Taxes (PETT) special revenue funds as follows: 9a. Resolution No. 201 6-18 General Fund 10101 in the amount of $5,800,000.00; 9b. Resolution No. 201 6-19 Debt Service Fund 10391 in the amount of $12,000,000.00; 9c. Resolution No. 201 6-20 Special Capital Projects Fund 10402 in the amount of $772,602.00. Pam Webster asked that no action be taken on item 9b.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-18 and Resolution No. 2016-20; seconded by Commissioner Wichman; 5 yeas. 10. 10:30 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 2016-21: a Resolution to commit fund balance within the Nye County General Fund due to passage of Nye County Bill no. 2015-1 3, a Bill that abolished the policy for use of all Payments Equal to Taxes (PETT) special revenue funds.

Commissioner Carbone

opened the public hearing. February 16, 2016 10. 10:30 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 2016-21-Cont’d. Amy Fanning said at the October 6, 2015, meeting when the Board approved abolishing the PEU funds it was discussed that $5.8 million in the general fund was to be restricted to use for cash flow purposes and ensuring an ending fund balance. The Department of Taxation required a minimum of a 4% ending fund balance and this would provide 18% plus guaranteed cash flow throughout the year.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Schinhofen. MarIa Zlotek said the District Attorney was not completely sure if the language in lines 10-14 on page one was mandated since it only applied if there was arbitration and they did not see the necessity for those tines to be in the resolution.

Commissioner Schinhofen

said he would like to leave it in as the County may go to arbitration.

Mrs. Fanning

said that was inserted after the District Attorney’s review and was only for clarification.

Commissioner Carbone

asked Ms. Ledbetter to let him know what the estimate would be to try to find out how to tie the heads in beds to the grants.

Ms. Ledbeffer

explained she was asked to ascertain how much value each marketing project brought in and that could sometimes be an expensive project, but she would send out some requests for estimates. She also knew of companies that did visitor intercept surveys. 18. For Possible Action Discussion and deliberation on approval of amendments to the Pahrump Tourism advisory Committee By-Laws.

Commissioner Borasky

made a motion to approve.

Commissioner Borasky

advised he helped rewrite the by-laws and if the Commissioners saw anything they did not like to let him know. One change was to allow for a person who did not live in Pahrump but worked there to be on the board if the board wished to have them. He had also asked for the Open Meeting Law training to be done in a timely manner.

Commissioner Schinhofen

seconded the motion to approve. Arlette Ledbetter confirmed her Board had approved this. Pam Webster noted the tourism board had not selected a secretary which was why the minutes were not in the back-up reflecting that decision. Staff was assisting them in transitioning to a new secretary.

Commissioner Carbone

opened the public hearing. Maria Zlotek advised the Board should inquire if the complainant was present and wanted to submit any evidence. February 16, 2016 1 1. 10:45 For Possible Action Public hearing, discussion and deliberation - — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2421 Hacienda Street, Pahrump, Nevada.-Cont’d. Kenny Bent said there was quite a bit of value in the items on the property and not all were classified as junk. Mr. Brooks showed Mr. Bent a letter this morning that someone was going to take the cars, but that would take time. Mr. Bent cautioned against including the collapsing house as he believed it still had value to somebody who had the wherewithal to fix it. Mr. Bent felt the 30 day time limit to mitigate was beyond Mr. Brooks’ resources to comply with. He further noted that Mr. Brooks was a disabled veteran and Mr. Bent felt that as a community something better could be done than leaving him homeless. He hoped the Board would take another look at this and consider the human factor. Darrell Lacy, Planning Director, understood there was no water or power and pointed out there was an ordinance that requited functioning water and sewer.

Mr. Bent

said there was solar power.

Mr. Lacy

stated the solar installations had not been permitted. The certificate of occupancy had never been revoked for the house, but the ordinance required livable conditions. The cause of the foundation problems was unknown and it was not known whether the septic system was functioning as it had never been inspected.

Commissioner Catbone

said he would like to give him time to remove the stuff on his property and get that portion of the nuisance taken care of. He also did not see anything specific as to what the total nuisance was.

Ms. Zlotek

indicated the actual allegations from the complaining party were clear in the letter. It was incumbent that those allegations be heard and proofs offered. Then the gentleman whose residence it was could counter those allegations.

Commissioner Wichman

said she was not interested as a Board or an individual in telling someone how to live on their own property, but the Commissioners’ job was to worry about the health, welfare and safety of the public in general. She saw a nuisance when it was a health, welfare and safety issue with kids who could get hurt or killed on the property.

Commissioner Carbone

said the materials sitting on the property were his concern and he knew Mr. Bent had gone out to see if it could be fenced off.

Mr. Bent

stated the one overall feeling he got after meeting Mr. Brooks was that he was kind of overwhelmed by what to do. Mr. Bent thought maybe a combination of the two might be workable. Things could be removed to make more access around the place and make it safer in general, but Mr. Bent did not think putting up a good perimeter fence with good visibility had been pursued. February 16, 2016 11. 10:45 For Possible Action Public hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2421 Hacienda Street, Pahrump, Nevada.-Cont’d.

Commissioner Wichman

said the findings to be made by this Commission were whether or not there was a public nuisance, not an individual/private nuisance. An attraction to the children of the neighborhood with nothing to keep them out in her opinion was a public nuisance. She added that the County had been communicating with the owner of this property since 2012 with no resolution.

Commissioner Cox

was also concerned about the safety, welfare and health of the neighborhood as well as the fact that it was intruding upon the value of the neighboring properties. She was also concerned about Mr. Brooks. She asked Mr. Brooks if he had spoken with Utilities, Inc., or if he had some issues as far as not being able to have water to the property.

Mr. Brooks

advised he had spoken to Utilities, Inc., and they were willing to turn the water on, but he has not had the money to put valves on the broken pipes inside the house. He did trailer water in and had a 330 gallon tank there.

Mr. Lacy

was not sure that UICN would reconnect the water until they were certain an inspection and pressure test had been done.

Commissioner Cox

suggested giving Mr. Brooks 60 days to clean up the nuisance and waive the cost of the permits and inspections.

Mr. Brooks

apologized to the Board and to the neighbors. He said he did not mean to be a problem and was certainly willing to remove the stuff from the property and fence it off. He would do whatever the Board wanted him to do, but he really did not want to be homeless and would like to keep some of it. Linda Hatley agreed that nobody should tell him how to live on his own land and what could be on his own land. She wondered if the people who complained just moved into the neighborhood and why they would move there if they did not want to see it. She suggested that each of his neighbors put up a fence on their side leaving Mr. Brooks to do only one fence in the front.

Mr. Brooks

said he had letters from several people to submit stating what they saw and how they felt about this.

Commissioner Schinhofen

made a motion to accept additional material.

Commissioner Wichman

noted the information was not in Ionopah or Beaffy.

Commissioner Schinhofen

withdrew his motion. February 16, 2016 11. 10:45 For Possible Action Public hearing, discussion and deliberation - — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2421 Hacienda Street, Pahrump, Nevada.-Cont’d.

Ms. Ziotek

advised since this was a public hearing he had the right to offer it and it was her recommendation the Commissioners accept and review it.

Commissioner Schinhofen

made a motion to accept additional information; seconded by

Commissioner Carbone

closed the public hearing.

Commissioner Carbone

re-opened the public hearing.

Commissioner Schinhofen

made a motion to continue the public hearing until after lunch; seconded by Commissioner Wichman; 5 yeas. The Board was in recess until 2:00 p.m.

Commissioner Cox

was not present. 11. 10:45 For Possible Action Public hearing, discussion and deliberation - — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2421 Hacienda Street, Pahrump, Nevada.-Cont’d.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to adopt a resolution finding the existence of a nuisance, removing the collapsed home, and that the owner of the property James Brooks is hereby ordered to bring forward a plan within 30 days to remove the items in the front and side yards. Any items he wished to keep must be contained within his backyard, fenced and screened from the public. After the 30 days and the plan approved he would have 60 days then to remediate the nuisance. Failure to abate the nuisance will cause the County to abate the nuisance and make the cost of abatement a special assessment against the real property; seconded by Commissioner Wichman.

Commissioner Schinhofen

clarified his motion for Mr. Brooks and stated that if at the end of 60 days Mr. Brooks had one bus or one car not moved he needed to communicate with the Board as no one was looking to throw anyone out of anything.

Commissioner Carbone

opened and closed the public heating.

Commissioner Schinhofen

made a motion to approve; seconded by Commissionet Borasky.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

asked how the RPC voted. Mr. Lacy said they voted in favor of this.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

stated the restrictions seemed reasonable and he knew there were certain safety concerns, but the dust control one was like a bridge too far for him. He wondered if those who were not in paved parking lots would have to have a water truck and how that would be enforced. February 16, 2016 13. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt! amend and adopt! or reject Nye County Bill No. 2016-02-Cont’d.

Commissioner Carbone

commented that the ones who came to the meetings said they did not want to be anywhere where dust flew all over the place which was why they found the locations they did.

Commissioner Schinhofen

made a motion to adopt Bill No. 201 6-02 with an effective date of March 7, 2016; seconded by Commissioner Wichman.

Commissioner Borasky

asked who would enforce this and where the funding for that would come from. He also wanted to know if it included the fruit and vegetable vendors around town.

Commissioner Carbone

said it did not covet them as that was part of the code compliance process, and the Sheriff was involved in enforcing this as there was a penalty and they could write a ticket.

Commissioner Cox

wondered why this came about in the first place and if a law the County could not enforce was really needed.

Commissioner Carbone

said there had been complaints from the brick and mortar places.

Commissioner Cox

wondered what one had to do with the other and remarked it was called free enterprise. John Koenig, RPC Chairman, advised there were several meetings with members of the committee, the public, and two of the vendors, and he had spoken to two of them several times at their locations. They were okay with the way it was now, but they were not okay with the way it was originally.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 14. For Possible Action - General road report by Public Works Director Dave Fanning, Public Works Director, stated the northern crews were having trouble getting out to Monitor Valley due to washouts caused by the melting snow. There was a similar problem at Senita Courts. February 16, 2016 14. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Wichman

advised West Pablo Road in Shoshone Estates had a subsidence in the middle of the road.

Commissioner Schinhofen

reminded Mr. Fanning about Hacienda and Homestead and UICN.

Mr. Fanning

stated after the last Board meeting James and he spoke about it and James and Tim Carlo were working together to try to get a little more closure.

Commissioner Schinhofen

asked about the ordinance to put a time limit on utility companies after they had ripped up the road. Mr. Fanning said he had touched base with Angela Bello last year and would contact her again.

Commissioner Carbone

asked about the lights going down Calvada.

Mr. Fanning

said they were going through the contract phase right now and getting it submitted to go out and work on. He was going to meet with the County Manger tomorrow and that was one of the items on the list.

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 15. Committee Reports There were none. 16. Business Recognitions There were none. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. February 16, 2016 19. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas. 20. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, May 17, 2016 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas. 21. For Possible Action Approval to apply to the State of Nevada, Division of Emergency Management (DEM), for the FFYI6 Emergency Management Performance Grant (EMPG). This grant will match a portion of the Director’s salary and benefits up to the amount awarded. There is a 50% match required which is budgeted from Fund 10101.

Commissioner Schinhofen

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas. 22. For Possible Action Approval to apply for the FY 2017 State of Nevada Emergency Response Commission’s tSERC) Planning, Training, Equipment and Operations grant. The Nye County Local Emergency Planning Committee (LEPC) will be responsible for applying for and managing this grant. The total grant request shall not exceed $25,000, and there is no match required. This grant shall be administered out of Fund 10340 Grants.

Commissioner Schinhofen

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas. 23. For Possible Action Approval to apply for the State of Nevada Emergency Response Commission, Hazardous Material Emergency Preparedness (HMEP) mid-cycle grant. The Nye County Local Emergency Planning Committee (LEPC) will be responsible for applying for and managing this grant and there is no match required. This grant shall be administered out of Fund 10340 Grants.

Commissioner Schinhofen

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas. February 16, 2016 DISTRICT ATTORNEY 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 6-06: A Resolution Amending Resolution 2013-07 Finding Existence of Nuisance Conditions located at 3401 East Savoy Blvd., Pahrump, Nevada.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-06; seconded by Commissioner Wichman; 5 yeas. PUBLIC ADMINISTRATOR 28. Quarterly report from the Public Administrator The report was in the back-up.

Commissioner Wichman

advised of e-mail exchanges she had with the Public Administrator about how difficult this job was and how much it was costing her to do it.

Commissioner Wichman

advised White Pine County’s Public Administrator was their District Attorney and asked staff to investigate that to see if there was someplace other counties put it so it was combined with something that was a paying job. Pam Webster explained with that arrangement any revenue generated by the department would come back to the County and the current Public Administrator did not want to do it that way, but she would look into what White Pine County did. COUNTY MANAGER 29. Ongoing Project Report The report was in the back-up. HIR AND RISK MANAGEMENT 35. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-1 00 in the Tonopah Sheriff’s Office effective March 24, 2016 due to the employee resigning December 17, 2015.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Borasky

asked how the Sheriff was doing on her budget. Pam Webster advised that as of the current report it showed her right on budget.

Commissioner Schinhofen

made a motion to deny a continuation based on the record that had been laid down and the vote of the Amargosa Town Board; seconded by

Commissioner Wichman

said she had explained to the attorney that there were several things that needed to get done within a certain period of time. The first one was to get the approval of Amargosa, which was in her district. If they could not get the town’s approval then Commissioner Wichman was not willing to go against their wishes. Jim Smyth, attorney for the applicant, said his client was a property owner in Amargosa Valley and what he was trying to do was come up with a reasonable development plan by a property owner in this County that would work for this site. On the list Nye County gave them the first item was to pay the property taxes of $85,000.00. Mr. Smyth said that was paid and they had made significant progress on the other items on the list. Amargosa Valley did deny them and were not going to change their mind, but Mr. Smyth asked for his client to be able to complete the application process and present it to the Commissioners.

Commissioner Wichman

asked what they could do if they wanted to continue with this plan if the Board denied this today. Mt. Lacy said the process would be to go directly into item 37, which was the hearing on the application. However, without all of the questions being answered it would be difficult to move forward with the discussion of the application.

Commissioner Wichman

impressed upon Mr. Smyth and his client that their first obstacle was not this Board but the board in Amargosa. George Tucker said he lived less than a mile from the proposed landfill. He addressed ABC Recycling’s response to the Planning Department and how they only answered two of the questions even though they had six months. He was bothered by the fact February 16, 2016 36. For Possible Action Request for Continuation of Solid Waste Permit Application SW-2015-000002-Cont’d. that this was a 7.5 million cubic yard landfill proposed over 30 years, but ABC Recycling admitted they would conduct no testing or analysis of the material that would arrive at their landfill. Mr. Tucker said he would support any motion to reject a continuance. Joe Cohan, Amargosa Town Board member, said on January 28, 2016, they voted 5-0 against any dumping in the valley.

Mr. Smyth

commented that items one through six on the letter had been addressed.

Commissioner Wichman

said it was essential that they had the support of the community they were talking about working in.

Mr. Smyth

reviewed the status of the remaining items on the list, all of which were either complete or something they would agree to as a condition of approval. He pointed out this use was compatible with the master plan, but Amargosa did not take that into consideration during their assessment and should have. John Bosta noticed they were to pay $85,000.00 in taxes, however, they paid only $65,000.00 and he wondered who forgave the $20,000.00. Also, no air study had been made for this project to control the dust and an EPA air study was required. Finally, Mr. Bosta advised during the town board meeting it was stated that the material would come out of Las Vegas. They would become the dumping ground for Clark County and they did not want that.

Commissioner Schinhofen

advised he got e-mails and phone calls that he responded to. He made his motion based on those facts, the town board, and that it had been continued since August 18, 2015.

Commissioner Schinhofen

made a motion to deny Solid Waste Permit SW-2015- 000002; seconded by Commissioner Cox; 5 yeas. February 16, 2016 38. For Possible Action Discussion, deliberation and possible decision on a request for a Grant of Easement from Nye County to NV Energy, described as a 207.89 foot length being 15 foot in width easement containing three thousand fifty nine (3059) square feet, further described as Assessor’s Parcel #08-311-01, a portion of the McCulloch Patented Lode Mining Claim Survey #2009, Old Nye County Courthouse, #1 Frankie Street located in the Town of Tonopah; NV Energy & Comm net Wireless, Req uestor (EA-201 5-000002)

Commissioner Schinhofen

made a motion to grant an easement from Nye County to NV Energy and to waive the fees; seconded by Commissioner Wichman. Lotina Dellinger explained they were asking to waive the annual payment and possibly consider a one-time lump sum. The Commissioners approved the fee structure for easements last May so right now it was an annual fee requirement. Mrs. Dellinger thought the amount was a $1,500.00 one-time payment. Kelly Harris from Planning recommended approval of the easement. She said it was a small section of land that was on top of a hill. There was an existing power pole and they just needed the easement to go from the pole to their tower.

Commissioner Schinhofen

amended his motion to allow the easement and take the one-time payment as offered; Commissioner Wichman amended her second; 5 yeas. BOARD OF COMMISSIONERS 24. 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 for labor negotiations; seconded by Commissioner Wichman; 5 yeas. 25. 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 a closed meeting. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Mr. Fox

wondered why the school zone in front of the Pahrump High School was 15 mph.

Commissioner Wichman

said of the four things Mr. Fox inquired about, the Board only had authority over the road. The Board of County Commissioners did not have authority over the elected officials. Frank Wilson disagreed with Commissioner Wichman. He thought since the Board had the money they had control over the elected officials. 41. ANNOUNCEMENTS (second)

Commissioner Schinhofen

said the Wild West Extravaganza and Bluegrass Festival would be held May 6-8, 2016, at Petrack Park. 42. ADJOURN

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of , 2016.

Chair Nye

Cou y Clerk / Deputy 3 NRS 241.010 Legislative declaration and intent; requirements for meetings held by teleconference or videoconference. 1. In enacting this chapter, the Legislature finds and declares that all public bodies exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. 2. “Deliberate” means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision. (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint. There are statements and there are opinions, viewpoints. There are times when we the citizens have to question statements made by our elected officials. At a previous meeting there was a statement made by Commissioner Wichman about her ability to vote on water issues. She stated that she had been advised by the District Attorney and her private lawyer that although her husband was contracted with the Water Board as an adviser, there was no conflict of interest and she could vote on all matters of water. Not one Commissioner questioned the wording of the question, who the lawyer was. Even the news media accepted the statement on its face value. Names and the formation of the question along with the response are important. It solidifies the issue and provides for reasonable examination of the issue. Yes, Names mailer, always. As a matter of fact the names of individuals should always be included in any public statements. One word that always confuses me is the word “Staff recommends”. It should be very specific on who staff is and who is making the recommendation. Water is one of the most important issues we face today, if not thee most important. This relates to Commissioner wichmans statement about who advised her on the water issue. The District Attorney, Angela Bello, retorted that they had not discussed it. In my opinion. The statement made by Commissioner Wichman needs adequate documentation to verify the following: I Who was the District Attorney, the name of the individual 2 What was the question that was asked, how was it couched 3 The question and response needs to be formalized in writing 4 Who was the private attorney who advised her, the name and firm 5 What specifically was the question and how was it couched 6 What specifically was the Attorneys Advice, provide it on the attorneys letterhead 7 The questions and responses need to be in writing and submitted by Commissioner Wichman for review by the Commissioners 8 These need to be provided as an item in the agenda for open discussion by the other four Commissioners to Deliberate as required by Nevada Revised Statutes. 9 It needs to become part of the minutes My comments are intended as providing a venue for transparency and good governance for Nye County. I encourage the Commissioners to accept my comments and act to provide transparency in the actions of 2/16/2016 I was looking forward to visiting the UICN and PUCI plants as promised by James Eason. Then I was told that I could only visit the PUCI plant. Then I was sent a waiver to sign before I could take the tour. The waiver makes me “AGREE TO HOLD HARMLESS each member of the PUCI Group from and against any and all claims, losses, damages, liabilities and costs, including attorneys’ fees, whatsoever, in any way connected to or arising from my visit to the Facilities.” This got me to thinking. What am I getting into? Upon further reading it states I, “ACKNOWLEDGE I am aware of the risks, dangers and hazards associated with visiting the Facilities and FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards, including the possibility of personal injury, death and other significant losses;” Wow! And the RIBs are going into a public park called Discovery Park, which is surrounded by beautiful private homes sitting on the golf course. And the high school is close by. There are also jogging paths through the park. Some of the grounds around some of the ponds are already saturated to the point there is standing water. There is a proposed chain linked fence to be built around the ponds to keep people out. Although the ducks are still swimming there. I hope the fence has razor wire to keep kids from climbing over the fence. What kind of public park is this that will have chain linked fenced areas to protect everyone from these effluent dump sites consisting of 650,000 gal/day per site? When I worked at a nuclear facility we gave tours to everyone, and no one had to sign any waivers. If this project is so dangerous, why would you expose these people to such risks and to also risk contaminating the aquifer? The nuclear plant that made bombs was far more dangerous, yet no one had to sign away their life to take a tour of it. After reading the waivers I have reconsidered taking the tour, which releases all of you from any responsibility. I wanted to see the entire process, but I was only going to be allowed to see certain areas, which leaves me wondering: what is really going on? Dale Bates