Independent investigative news

Welcome to Nye's Lies

We report on Nye County: the meetings, the money, the water, and what your county government does with all of it.

Everything under Nye County government and resources in the menu is public record, organized so you can actually use it: every meeting and agenda, every bill before the county, water rights, campaign money, what every county employee is paid, and where the budget goes. Dig around. It is all yours.

Alerts only when we publish. Unsubscribe any time.

Public meetings / Board of County Commissioners

March 1, 2016

84 turns, 84 with a named speaker, under 10 agenda items. The words and the names are the county clerk's.

2. Approval of the Agenda for March 1,2016.

Commissioner Carbone

said he would move items 29 and 20 up to right after public comment.

29. For Possible Action Discussion and deliberation to: 1) participate as a

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS 20. For Possible Action Discussion and deliberation regarding approval of a letter of support for Bruce Clouser’s & Craig Pickens’ plan of operations for exploration efforts in E. Manhattan Mining District.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners, Licensing and Liquor Board, the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Northern Nye County Hospital District Board of Trustees regular meeting for February 2, 2016. On page 5 under the report for Public Works, Commissioner Wichman clarified that while the highway in Monitor Valley was commonly referred to as the Monitor Highway, it was not a highway. Additionally, in the third paragraph on that page Commissioner Wichman said the students were snowed in, not the coyotes, although the sentence structure made it appear that way.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Schinhofen

said The Grove was opening to the public today at 11:00 a.m. It was the only medical marijuana dispensary in the County.

Commissioner Borasky

noted the balloon festival in Pahrump went well. March 1,2016 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Schinhofen

said he met the new state director for BLM last week and looked forward to working with him on a lot of the issues Mr. Adams brought up. On trapping, Commissioner Schinhofen was hoping to have some of the trappers at the next meeting to talk about what they had been doing. Sam Merlino advised that she posted information on ballot committees on the Nye County Web site under Clerk, Elections, if anyone was interested in writing pros and cons. There was one question mandated to be on the ballot and there may be some other County-wide questions. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 9. For Possible Action - General road report by Public Works Director Dave Fanning, Public Works Director, said they were breaking ground on Gamebird and Barney. They started last week and would work Fridays and Saturdays until it was done. They were still working on the Homestead drainage study and trying to put that together. Also, the Fox and Gamebird project would probably come in front of the Board in April. Tim Carlo from Public Works added that there would be a lane shift with a traffic control on the west end of Gamebird.

Commissioner Borasky

asked if they would be able to get the Homestead project going before the monsoon season or if it would be during the winter months.

Mr. Fanning

said that for any project they would just deal with it.

Commissioner Carbone

said it would be nice to have a map to show alternate routes.

Mr. Fanning

said the information would be posted.

Commissioner Carbone

commented on how the roads were deteriorating everywhere in the County, not just in Pah rump. Mr. Fanning advised they would be gearing up to work on the roads in Tonopah and the outlying areas when the weather started breaking a little bit more. March 1,2016 9. For Possible Action General road report by Public Works Director-Cont’d.

Commissioner Carbone

asked when the additional five cents would kick in. Mr. Fanning said it kicked in January 1, 2016, but it would be six months before the County received anything.

Commissioner Cox

said there were several cul-de-sacs down Calvada Boulevard and Jacaranda and asked Mr. Fanning if someone could drive in and check those streets as they were deteriorating and had some big potholes. Also, the corner of Yucca Terrace and Moose Street was holding a lot of water.

Commissioner Schinhofen

mentioned he had gotten an e-mail about Manhattan.

Mr. Fanning

advised NFLAP was moving again. After discussions this morning Public Works would write a letter to the NFLAP Committee to reduce the basic infrastructure they were requesting back down to just get the road addressed for a brand new road. He would circulate the letter to the County Manager, which would be seen by the Board as well, and that would move the process forward again.

Commissioner Ccx

said the road going out of the back offices onto Calvada really needed a light.

Mr. Fanning

advised they received the trust property list a month ago and one of the pieces of property they had been trying to acquire right-of-way on for quite some time between Susquehanna and Mary Lou was on the list. Mr. Fanning advised they would apply for that for the right-of-way which would make Mary Lou accessible off of Quarter Horse going eastbound and they would not have to worry about the street easement.

Commissioner Schinhofen

said a special RTC meeting might be needed to address the bus issue and he would work with John Koenig to set that up. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Carbone

asked to have something put on the next agenda for the Pahrump meeting for the bus the County was giving to the Coalition for the veterans’ activities. Pam Webster said she would talk to Commissioner Catbone as she thought the RTC could take that action as they signed to accept the buses. March 1, 2016 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 10. For Possible Action Discussion and deliberation concerning a request to waive the rental fees for the use of Ian Deutch Park and Petrack Park for the 2016 softball season. Mail Luis from Pahrump Buildings and Grounds said the Parks and Recreation Board worked for months doing research on what other communities charged and why. They learned that a lot of communities of the same size did not provide what Pahrump provided. The fees started at $25.00 per month per field used. The town dragged the ball fields each day and spent $9,000.00 this year in red mix to build up the fields and over $3,000.00 on bases, etc. He would like to see such a small fee stay in place to help a tulle bit to pay for and care for the fields. Rich Lager, vice president of the Pahrump Youth Softball Association (PYSA), explained they were non-profit status and had seven softball teams. Their circumstances were a little different in that the maximum number of teams they had was two per age group so they now had to participate in a Las Vegas league which forced them to pay Las Vegas umpire fees. Mr. Lager pointed out that PYSA had lowered their fees as they were losing players, but they did have sponsorships and fundraisers. He reviewed their income versus costs and said the $225.00 fee was equivalent to their cost of umpires and balls for one weekend. Pam Webster asked if the Parks and Recreation Board voted to approve the waiver or if they had even addressed it.

Mr. Luis

said it had not been brought up to the committee as far as he knew.

Commissioner Carbone

asked if the town board waived these fees in prior years.

Mr. Luis

did not believe the field fees had been waived since they had been put in place.

Commissioner Cox

asked if Mr. Lager had approached Las Vegas to see if he could get a reduction there.

Mr. Lager

said he went to the meeting of the leagues and they all voted to not increase the fees for umpires this year, however, when PYSA did participate in games in Pahrump the umpires complained they wanted mote money and wanted to charge mileage to play there. Angela Bello and the Commissioners agreed to split the fee for PYSA. Match 1,2016 10. For Possible Action Discussion and deliberation concerning a request to waive the rental fees for the use of lan Deutch Park and Petrack Park for the 2016 softball season-Cont’d.

Commissioner Schinhofen

made a motion to not waive the fees; seconded by

Commissioner Wichman

; 5 yeas. 11. For Possible Action Discussion and deliberation to appoint three (3) members and one (1) alternate position to the Pahrump Public Lands Advisory Comm ittee.

Commissioner Cox

asked to continue this item until the next meeting. Comm issioner Carbone wondered if there would be enough folks to have a quorum at the next meeting or if the Board should at least appoint one or two people.

Commissioner Cox

believed if everyone on the board showed up they would have a quorum. Robert Adams, Chair of PLAC, explained when the new by-laws were passed by the Board of County Commissioners four members were notified that they needed to reapply. One resigned at that point and three chose not to submit their applications in a timely manner. Mr. Adams pointed out they had one alternate and two members right now, but they were plagued by high absenteeism even when they had seven members. He said he could set a meeting for Match 8, 2016 and call the members to see if they could attend.

Commissioner Carbone

said he was confused about the new by-laws and people being cut. Pam Webster clarified no one was cut. The term limits were re-established so they would be staggered. Two seats were continued two years, three were up for renewal, and there was an alternate. The problems they have had with getting the existing members to attend was why this was put on for the Board to consider appointing the members based on the applications received so they could move forward and have meaningful meetings. Linda Hatley, former PLAC member, asked if it was a five or a seven member board.

Mrs. Webster

stated it was a five member board with two alternates, and the alternates sat in as voting members when a seated member was vacant for a meeting.

Ms. Hatley

explained the reason she did not put her application in was because when she was told that she needed to she said her two years were not up. She wanted an explanation before she re-did her application and she never did receive a concrete March 1,2016 11. For Possible Action Discussion and deliberation to appoint three (3) members and one (1) alternate position to the Pahrump Public Lands Advisory Committee.-Cont’d. reason as to why she was no longer on the board. Ms. Hatley said she submitted her application in December to stay on the board, but it was not voted on.

Mrs. Webster

advised Ms. Hatley that her application was before the Board of County Commissioners today to be considered for the open positions. As long as these were all the applications that were expected to be received Mrs. Webster thought the Board should appoint them today.

Ms. Hatley

said she spoke with Erin Hubbell yesterday who asked to have his application taken off.

Commissioner Cox

said she had an application that was not included in the back-up.

Mrs. Webster

suggested extending the period for application receipts today and continuing the item to the Pahrump meeting on Match 15, 2016.

Commissioner Schinhofen

made a motion to continue the item until the next Pahrump meeting; seconded by Commissioner Carbone; 5 yeas. 12. Ambulance Services Report This item was removed from the agenda. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TREASURER 24. Treasurer’s Report Richard Billman, Treasurer, explained the Treasurer’s report existed to provide the Commissioners with an overview of the fund balances that were property of the County for whatever month. This was January’s report, which provided all of the transactions that took place in January and showed the current fund balances as of January 31, 2016.

Commissioner Carbone

asked if it showed the reconciliation between the Comptroller and the Treasurer’s Office. Amy Fanning advised the Comptroller and Treasurer’s Office met last Wednesday and this report would not reflect anything from that meeting. March 1,2016 24. Treasurer’s Report-Cont’d.

Commissioner Carbone

asked Mr. Biliman if there was anything on the report that he would like to point out to the Board as an issue or a concern.

Mr. Billman

replied no. The Board had said several times that they would like to get small negative balances off of the report and those would be reflected as soon as the Finance Department got them taken care of. Kim Lara, Chief Deputy Treasurer, further explained the Treasurers report was the cash side of the general ledger and they reconciled that against what was deposited in the bank. The reconciliation report that was attached to the Treasurers report was anything that went through the bank reconciled with the cash activity in the general ledger. As far as what should be paid attention to, Mrs. Lara advised they had been working with the Comptrollers Office and cleaning up a lot of issues. They did not see anything right now and would bring it to the Board’s attention if they did. Dwight Lilly did not think the public was questioning the checkbook situation. The question over the years had been the overspending of money and the County having to make up for it the following year. He was happy that the Comptroller was working with the State and that the issues were being resolved. He said the public would continue to monitor what was going on with the Counts finances. 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.

Commissioner Schinhofen

made a motion to approve items 13-16; seconded by

Commissioner Cox

thought someone wanted to speak on item 15 and asked that it be heard separately.

Commissioner Schinhofen

withdrew his motion.

Commissioner Schinhofen

made a motion to approve items 13, 14 and 16; seconded by

Commissioner Wichman

; 5 yeas. 13. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 13, 14 and 16; seconded by

Commissioner Wichman

; 5 yeas. March 1, 2016 14. For Possible Action Approval to accept a Grant Award from Division for Aging Services (ADSD) for Nutrition Services Incentive Program (NSIP) to provide commodity food for the senior nutrition program in Amargosa Valley, Beatty and Tonopah Senior Centers. Matching funds are not required.

Commissioner Schinhofen

made a motion to approve items 13, 14 and 16; seconded by

Commissioner Wichman

; 5 yeas. 16. For Possible Action Approval to apply for the 2017 State of Nevada, Office of Traffic Safety “Joining Forces” Grant to provide funding to participate in statewide, multi-jurisdictional traffic enforcement events that are focused on reducing fatalities and serious injury crashes in Nevada.

Commissioner Schinhofen

made a motion to approve items 13, 14 and 16; seconded by

Commissioner Wichman

; 5 yeas. 15. For Possible Action Approval to apply for the 2016 Nevada Health and Human Services, Victims of Crime Act (VOCA) Grant. This will be a two year grant that if approved will provide funding for one (1) Deputy salarylbenefits; Forensic Training for eight (8) Officers; Brochures, Victim Cards & a PSA to promote victim awareness and safety. Ammie Nelson wanted an explanation as to why this was necessary as this program already existed in the District Attorney’s Office and deputies should already be trained in victims of crime.

Sheriff Wehrly

explained there was a gap between what the deputies had been trained to do to support victims and the services that were allowed and being used on a daily basis like the child advocacy center and battered women. This grant would allow them to bridge that portion of interaction between the two groups that was non-existent at this time.

Commissioner Schinhofen

made a motion to approve.

Ms. Nelson

questioned where the gap was with the victims of crime if the District Attorney’s Office already had the program in place.

Sheriff Wehrly

said this would allow them to write an immediate safety plan and implement surveillance around victims’ homes to keep them a little mote secure.

Commissioner Wichman

seconded the motion to approve. Angela Bello added she had taken a very active role in promoting victims’ rights under the law since she took office. She clarified her office did not have a special department that engaged in that, but someone was assigned to that. Match 1,2016 15. For Possible Action Approval to apply for the 2016 Nevada Health and Human Services, Victims of Crime Act (VOCA) Grant. This will be a two year grant that if approved will provide funding for one (1) Deputy salarylbenefits; Forensic Training for eight (8) Officers; Brochures, Victim Cards & a PSA to promote victim awareness and safety.-Cont’d. Diane Marie Holguin commented grants were out there to be used for the benefit of the community and encouraged the Commissioners to get one any time they could.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. TIMED ITEMS 8. 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 611 Waterline Road, Gabbs, Nevada.

Commissioner Carbone

opened the public hearing. March 1,2016 8. 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 611 Waterline Road, Gabbs, Nevada.-Cont’d. Neither the complainant nor the property owner was present.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

said if the Board approved Resolution No. 2016-05 declaring there was the finding of an existence of a nuisance then the last sentence of the second whereas clause needed to say that the finding had been made that there was a public nuisance, not just a nuisance. She said referencing NRS 244.360 was fine, but she would like it nailed down a little closer to NRS 244.3605 indicating the dangerous structures to make this a little clearer. It bothered Commissioner Wichman to declare a nuisance on any private property because someone did not like the way it looked, but in situations where there was an attraction for kids to get hurt or a chance of a windstorm that may harm neighboring property then something had to be done. In this particular case, Commissioner Wichman noted fire season was coming and there was a big danger to the folks who lived around it.

Commissioner Wichman

made a motion to adopt Resolution No. 2016-05 finding that there was the existence of a public nuisance, more specifically NRS 244.3605, for dangerous structures, and rather than allowing 30 days to clear that nuisance there was no way the County could go any further out than 60 days; seconded by Commissioner Schinhofen; 5 yeas. CLERK 21. For Possible Action Discussion and deliberation to appoint one (1) member to the Round Mountain Town Board due to one (1) resignation.

Commissioner Wichman

made a motion based on the town’s recommendation to appoint Roger Morones; seconded by Commissioner Schinhofen; 5 yeas. March 1,2016 22. For Possible Action Discussion and deliberation pursuant to NRS 244.360(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 February 24, 2016, regarding APN 001-282-01, 203 O’Dell Street. 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 if the notice to the person responsible fails to abate said nuisance; or, in the alternative 2) pursuant to NRS 244.360(1) and 244.360(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.

Commissioner Wichman

made a motion to pursue the second alternative, pursuant to NRS 244.360(1) and (2), and direct the Clerk to set a public hearing not less than 30 or more than 45 days subsequent to the filing of the complaint; seconded by

Commissioner Schinhofen

. The Clerk and the Commissioners discussed possible dates for a special meeting for the public hearing and decided on March 29, 2016, at 10:00 a.m. in Tonopah via teleconference. Commissioner Wichman said she would be present in chambers.

30. For Possible Action Discussion and deliberation to extend the temporary

Commissioner Schinhofen

made a motion to extend; seconded by Commissioner Wichman; 5 yeas. March 1,2016 FINANCE

31. For Possible Action Discussion and deliberation to adopt, amend and adopt.

Commissioner Wichman

made a motion to approve Resolutions Nos. 2016-38 through 2016-43, but 2016-43 needed the math corrected as line 4 read $10 million and it should be $1 million; seconded by Commissioner Schinhofen; 5 yeas. HIR AND RISK MANAGEMENT

32. For Possible Action Discussion and deliberation to fill a vacant Deputy

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas.

33. For Possible Action Discussion and deliberation to fill a vacant Financial

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 5 yeas. Match 1, 2016

34. For Possible Action Discussion and deliberation to fill a vacant position in

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. PUBLIC PETITIONER

35. Presentation by Life Guard International and their leadership role in

Mr. Bottorf

said yes, but the best person to call was 911 because they never wanted to discourage anyone from remembering that single source of where to call for help. The Sheriff’s communication specialist knew their numbers and would send a flight paramedic if requested. Dawn Gudmonson, a volunteer on the local service, asked if Life Guard International would be able to do ground transports as it was her understanding that was why the volunteers had to be called first.

Mr. Bofforf

replied if the weather was bad and they could not fly then the patient would go in an ambulance, but if it was wiser to fly a patient then they would talk and figure it out. He said this would be a team effort. March 1,2016 35. Presentation by Life Guard International and their leadership role in emergency services for the Tonopah area and their past procedures, present operation, and future plans.-Cont’d.

Mrs. Gudmonson

asked several questions regarding who would actually respond to calls, how Life Guard International could fly if their paramedic was at a scene with the volunteers, and why there had been no discussions outside of todays meeting.

Mr. Bottorf

said they would respond whenever they were requested and historically had been able to send another plane out quickly if their plane flew a patient. Life Guard International was also in discussions with their competitors to come and fly patients out when they were busy. As far as prior discussions, Mr. Bottorf advised he had attempted numerous times to have a meeting with the rescue squad chiefs through Vance Payne and Mike Klein. There were several meetings set up, but the County officials were no shows. Jessica Musselman noted that since the closure of the hospital all of the numbers had decreased, not just the flight patients. She said they were flying some of their patients, but they were just not using Life Guard for all of those flights. She knew they had asked for some exclusivity for flight, but Ms. Musselman explained that was not an ideal situation because Nye County was so spread out. She also described her experience of having to wait over two hours for Life Guard Internationats second plane to arrive. She pointed out that per NRS care could not be downgraded, so once Life Guard Internationats paramedic or flight nurse initiated care on a patient they could not be transferred back to ground transport. She added their ambulances were only licensed at the advanced care level and would not have the supplies Life Guard International would need to provide the higher level care. Ms. Musselman thought there definitely needed to be some other side meetings to create a partnership and did not feel this was initiated as such. Michael Prothero from Symons Ambulance questioned Mr. Bofforl about his statement that as of today they would have paramedics on a rescue unit responding to calls.

Mr. Bottorl

clarified they were making a paramedic available as of today to any emergency responder who asked for it.

Mr. Prothero

asked who would make the determination for transport, Life Guard International or himself, and what would be done if they did not agree.

Mr. Bottorf

thought Medical Control should be involved to help make that decision, but they needed to figure out how to work as a team and do what was right for the patient. The data showed not enough patients were being moved by air here and they needed to examine why. He said their action was not unilateral and they were just offering their services to those in the County that wanted to use it. If Symons did not want to utilize their paramedics then that would be fine. Match 1,2016 35. Presentation by Life Guard International and their leadership role in emergency services for the Tonopah area and their past procedures, present operation, and future plans.-Cont’d.

Commissioner Schinhofen

believed Life Guard International needed to get with the County EMS people and iron out the issues. Donna Miller from Life Guard International stated their intent was to engage everyone and approach this from a team aspect. They had been unsuccessful in realizing that in the past. The entire goal was to work as a team to do what was right for the patient whether the patient was being transported by ground or air. COUNTY MANAGER-Cont’d. 25. For Possible Action Discussion and deliberation regarding a request to: 1) Set a Date, Time, and Location for a Public Hearing on Nye County Bill No. 2016- 03: A Bill proposing to amend Title 2 of the Nye County Code, titled Administration and Personnel, Chapter 2.08, Titled Department of Health and Human Services, by Amending the Definitions; Amending References to the Nevada Revised Statutes; providing for the Severability. Constitutionality and Effective Date thereof; and other matters properly related Thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location for the public hearing as March 15, 2016, at 10:45 a.m. in Pahrump, Nevada; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. 27. For Possible Action Discussion and deliberation regarding removing all County owned equipment assigned to the Amargosa Fire Department from Amargosa Valley. This item was removed from the agenda. 28. For Possible Action Discussion and deliberation regarding removing the Town of Amargosa as a sub-entity from the County’s Public Agency Insurance Pool coverage. This item was removed from the agenda.

37. ANNOUNCEMENTS (second)

Commissioner Carbone

announced he would not run for office again.

38. ADJOURN

Commissioner Carbone

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

Chair Nye

oudty Clerk / Deputy