April 5, 2016

Commissioner Borasky

and Sheriff Wehrly were not present.

Commissioner Carbone

said the closed meeting would be held at the end of the meeting.

Mrs. Webster

advised it was scheduled with counsel at the beginning of lunch as had been the practice. She added that items 24-26 could also be removed from the agenda. April 5, 2016

Commissioner Schinhofen

made a motion to approve; seco nded by Commissioner Cox; 4 yeas. Commissioner Wichman recused herself as she coul d not download the minutes to read them. April 5, 2016 SITTING AS THE BOARD OF COUNTY COMMIS SION ERS

Commissioner Schinhofen

said on April 7,2016, from 9:00 a.m. to 11:00 am., The Grove would have a cannabis question and answer session at the senior center.

Commissioner Wichman

advised the Jim Butler Parade in Tonopah would be May 28, 2016. Angela Bello addressed the issues raised regarding the lack of appointment for Ron Kent. She explained vacancy was defined in the statutes and excluded medical leave; therefore, the office was not vacant and that statute would not have applied. It did flow that he had resigned. Sam Merlino stated early voting would start May 28, 2016, and she was in desperate need of workers for the election in Round Mountain. She aske d everyone to please get the word out. She needed two or three people, but three wou ld be better.

Commissioner Carbone

said the Relay For Life would be this Sunday at Treasures RV.

Commissioner Schinhofen

said on April 7, 2016, at 4:00 p.m. , there would be a baseball game against the Mojave High School to raise money for pediatric cancer. Diane Southworth announced the Nye County Democratic Party would have their Roosevelt/Kennedy Dinner on April 15, 2016, at The Pahr ump Nugget. Doors would open at 6:00 p.m. and dinner would be at 7:00 p.m. Catherine Cortez Masto would be the main speaker. Tickets were $50.00 per person, $94.00 for a couple, and $350.00 for a table, and could be purchased at nyedems.org. They wou ld have Mexican food for the dinner.

Commissioner Schinhofen

asked to have something on the next agenda for a status on power to the fairgrounds and how to move that forward. April 5, 2016 TIMED ITEMS

Commissioner Schinhofen

said he realized these fees needed to be increased for a number of reasons, not the least of which was to fund Animal Control, but he thought the increases were rather large for most of them.

Commissioner Schinhofen

made a motion to amend and adopt leaving the multi-pet permit at $250.00; commercial kennel, breeder permit and special animal permits would be $250.00; and leave dangerous dog at $250.00 with the proviso to look at this again in two years; seconded by Commissioner Wichman.

Commissioner Cox

read a letter from Zuzana Kukol asking the Board to not approve the fee increases. She felt the money would be better spent on animal food, veterinary care, and good cages that prevented animals from escaping and/or breeding. She suggested increasing the fines for people who broke the law instead of punishing people who did not.

Commissioner Cox

agreed with Mrs. Kukol and did not think the fees were justified. She would be willing to support something lesser, but not $500.00 for the commercial kennel permits, breeder permits, and special animal permits.

Commissioner Schinhofen

clarified his motion was to raise those to $250.00, not to $500.00. Ammie Nelson felt two years was too long to wait to review dangerous dogs and would like the fees for that to be higher.

Sheriff Wehrly

was present Page5 April 5, 2016 36. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 6-47-Cont’d. Harold Long thought the fee schedule should stay the way it was, but the fines for the people who broke the law should be raised as high as they could be made. Those funds could then be used to fund an animal shelter. Vance Payne, Emergency Services Director, stated his support for this and thought it was the correct direction for the communities.

Commissioner Schinhofen

assumed the Chair of the Board of Highw ay Commissioners. 14. For Possible Action - General road report by Public Works Director Dave Fanning, Public Works Director, discussed the situation with the road out to Death Valley. Public Works had been working on rehabbing some of the potholes; however, the road kept disintegrating due to increased truck traffic as well as construction traffic.

Mr. Fanning

wanted to call for an emergency closure of the road due to that condition and its worsening. They placed emergency reader boards today asking people to take an alternate route, and construction traffic would be forced to take a different route as well. Public Works would also place boards at the California Death Valley junction area to direct them to Shoshone.

Commissioner Schinhofen

asked if closed meant no traffic at all.

Mr. Fanning

stated that after today that road would not be travers able. He added people out there had literally seen the ground heave when trucks went over it.

Commissioner Schinhofen

asked if there was an NRS that allowe d the Road Commission or the Board of County Commissioners to take action to close it. Tim Carlo from Public Works advised NRS 405.010 could limit the maximum load or close a toad damaged by heavy loads.

Commissioner Wichman

made a motion to close the road based on NRS 405.010; seconded by Commissioner Borasky; 5 yeas.

Commissioner Carbone

asked for something to be put out to the public about approximately how long it would be closed. April 5, 2016 14. For Possible Action General road report by Public Works Director-Cont ’d. Regarding street sweeping, Commissioner Cox noted there was a street with a lot of dirt on it near Basin and Wilson.

Commissioner Borasky

mentioned a pothole on Unicorn at the corner of Elderberry.

Commissioner Schinhofen

asked if Mountain Falls ever got back to

Mr. Fanning

on the 100 year count on the drainage. Mr. Fanning advised he had not seen anything.

Commissioner Schinhofen

asked him to please follow up with Scott and find out the delay. He had also heard they had not been washing it down every two days like they said they would. TIMED ITEMS 9. 10:45 For Possible Action Public hearing, discussion and - — deliberation regarding a request to: 1) Adopt, amend and adopt, or reject 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 Refere nces to the Nevada Revised Statutes; providing for the Severability, Consti tutionality and Effective Date thereof; and other matters properly related Theret o; and 2) Read the title of the Bill into the record.

Commissioner Carbone

opened and closed the public hearing and continued this item to the next Commissioners meeting due to more changes being needed . COUNTY MANAGER 31. For Possible Action Discussion and deliberation to approv e letters of agreement with Nevada Institute for Autonomous Systems (NIAS ) for the Beatjy and Tonopah Airports.

Commissioner Schinholen

made a motion to approve; seconded by

Commissioner Cox

; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUO R BOAR D

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. April 5, 2016 GAMINGILIQUOR 15. For Possible Action Discussion and deliberation regarding approval of a Retail Liquor License and a Gaming License for Long Shot LLC, dba Mizpah Club, 112 N. Main St, Tonopah, NV. Frederic R. Cline. Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 6 yeas. 16. For Possible Action Discussion and deliberation regarding approval of a Temporary Package Liquor License for Nevada AK, Inc dba Rebel #48, 820 S.Hy 160, Pahrump. NV. Sammer & Rawa Anabi, Applicants.

Commissioner Catbone

made a motion to approve this action with a 90 day conditional packaging liquor license request; seconded by Commissioner Schinhofen; 6 yeas. 17. For Possible Action Discussion and deliberation regarding approval of a Temporary Package Liquor License for Nevada AK, Inc dba Rebel #78, 40 S. Hwy 160, Pahrump, NV. Sammer & Rawa Anabi, Applicants.

Commissioner Carbone

made a motion to approve with a 90 day conditional packaging license as the fingerprinting was not complete; seconded by

Commissioner Schinhofen

; 6 yeas. 18. For Possible Action Discussion and deliberation regarding approval of a Temporary Package Liquor License for Nevada AK, Inc dba Rebel #74, 102 E. Hw 95, Beatty, NV. Sammer & Rawa Anabi, Applicants.

Commissioner Carbone

made a motion to approve with a 90 day conditional licensing as the fingerprinting was not complete; seconded by Commissioner Wichman; 6 yeas. 19. For Possible Action Discussion and deliberation regarding approval of a Temporary Beer & Wine Liquor License for Tonopah Foods Inc. Uba Hometown Pizza, 222 Main St., Tonopah, NV. Ravinder K. Dhaliwal, Applic ant.

Commissioner Wichman

made a motion to approve a temporary beer and wine license for Tonopah Food, Inc. dlbla Hometown Pizza as everything was in order; seconded by

Commissioner Schinhofen

; 6 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. April 5, 2016 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 20. For Possible Action Discussion and deliberation to approve a request from the Pahrump Park and Recreation Advisory Committee for: exceed $12000 for the Pahrump Movies in the Park even 1) an amount not t and can be funded from Fund 25223 Pahrump Room Tax Fund; and 2) execute an agre Entertainment Concepts to provide services for presenting ement with the movies in the event.

Commissioner Carbone

noted this request would come from that portion of the room tax fund for parks and recreation.

Commissioner Schinhofen

made a motion to approve; second ed by Commissioner Cox; 5 yeas. 21. For Possible Action Discussion and deliberation to apply for the Federal Transit Administration Section 5311 and 5339 Fiscal Year 2017 grant funding cycle.

Commissioner Schinhofen

pointed out this was discussed before and there was no cost to apply for a grant.

Commissioner Schinhofen

made a motion to approve; second ed by Commissioner Cox; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 14. For Possible Action - General road report by Public Works Dire ctor-Reopenej Death Valley Park Ranger Kevin Wilson stated their support to work with the Nye County road crew collaboratively on the road. Dave Fanning said Public Works was concerned with full input by everyone who was traversing that road. He felt this could have been headed off if everyone had gotten together three weeks ago, but no one responded. SITTING AS THE BOARD OF COUNTY COMMISSION ERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. Apr11 5, 2016 TIMED ITEMS-Cont’d. 10. 11:00 For Possible Action Special Use Permit Applic ation SU-2016-000013: Public Hearing, discussion and deliberation regarding a request for a Changeof Location for Special Use Permit No. SU-1 4-0026 to allow a medical mariluana establishment (production) to relocate from 2801 E. Thous andaire Boulevard, Pahrump, to 301 S. Oxbow Avenue, Unit 13, Pahrump, Asse ssor Parcel #38-244- 09. Eugene & Nelda Fay Toy Trust Property Owner. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC Applicant.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

said this was the one that was on Thousandaire Boulevard. Due to concerns with the owner that they could not resolve they would like to move to Oxbow so they could get up and running with their extraction/pro duction facility.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to approve SU-20 16-000013; seconded by

Sheriff Wehrly

noted they had explained what they planned on doing and from a security standpoint she did not see any reason why they could not do it. The motion to approve SU-2016-000013 passed with 5 yeas. 11. 11:00 For Possible Action Special Use Permit Application Public Hearing, discussion and deliberation regarding a SU-2016-000015: request for a Change of Location for Special Use Permit No. SU-14-0007 to allow a medical marijuana establishment (production) to relocate from 3171 E. TilIman Street, Pahrump, to 301 S. Oxbow Avenue, Unit 13, Pahrump, Assessor Parcel #38-244-09. Eugene & Ne Ida Fay Toy Trust Property Owner. CW Nevada, LLC Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

stated his concern that they would just abandon Tillman. Jason Thompson, president of CW Nevada, said they intended to honor their lease and utilize the property at some point in the future.

Commissioner Schinhofen

made a motion to approve SU-21 06-000015; seconded by

Commissioner Wichman

; 5 yeas. April 5, 2016 12. 11:00 For Possible Action Special Use Permit Applic ation SU-2016-000014: Public Hearing, discussion and deliberation regarding a requ est for a Change of Location for Special Use Permit No. SU-14-0025 to allow a medical marijuana establishment (cultivation) to relocate from 2801 E. Thou sandaire Boulevard, Pahrump, to 9680 S. Oakridge Avenue, Pahrump, Assessor Parcel K&K Properties Group LLC Property Owner. Nye Natural #44-851-30. Medicinal Solution LLC dba NuVeda LLC Applicant.

Commissioner Carbone

opened the public hearing. Diann Musial said she lived kitty-corner from this property on Oakridge. While she did not originally object to the cultivation request, she was shocked how over the past several months the place had turned from a wonderful looking nursery on several acres to what she would call a prison. There was razor wire around the entire property and security guards approaching slow moving vehicles, including hers. Her request was to simply put some must do restrictions on the approval. Paul Ostranger said he lived directly across the street from the facility. He also was not too objectionable to it originally, but they did put razor wire in and it was totally unsightly. There was a lot of traffic all day and all night, and right now there were 30 cars parked there. He described the trash on Bond, the intense smell of pot in the air, and how he had been questioned by the security guards when he was walkin g down the street with his grandkids. Mr. Ostranger could not even go out and enjoy his yard anymore and felt putting something else there would only make what was already going on worse. Amanda Connor, attorney for the applicant, clarified this applica tion was another SUP permit to the facility, but there was no mention of bringin to bring g additional facilities. Jason Thompson from CW Nevada added they wanted to be a good neighbor. He reached out to Mr. Ostranger yesterday and they would sit down and address the issues.

Commissioner Schinhofen

wondered if traffic could come down Silver. He also questioned the smell and the razor wire.

Mr. Thompson

advised they had odor control and it had never been told to them that ft was an issue, so they would address that too.

Sheriff Wehrly

added she agreed with the razor wire, but if there was something else that could be done to provide security for that fencing they could talk about it.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

believed some of the issues could be worked out with the local property owners. His concern went back to the one he had before. Nye Natural April 5, 2016 12. 11:00 For Possible Action Special Use Permit Application SU-20 16-000014: Public Hearing, discussion and deliberation regarding a request for a Change of Location for Special Use Permit No. SU-14-0025-Cont’d. Medicinal Solutions planned on using one of those small pods to secure its license and this group was planning on moving back to Illlman.

Mr. Thompson

said according to Mr. Bady they were moving from Thousandaire as opposed to Tillman. Mr. Thompson could only speak for the production license going back to Tillman as this cultivation license was never at Tiliman.

Ms. Connor

clarified that what had been contemplated so far was moving the production back to Tillman, not the cultivation at this time. Benjamin Bady concurred.

Commissioner Schinhofen

made a motion to approve SU-2016-000014 with the proviso that they would work with their neighbors to make it more attractive and less invasive, and if Silver was a better route that they take Silver; seconded by Commissione r Wichman.

Commissioner Cox

asked Darrell Lacy, Planning Director, if the razor wire was a requirement for security.

Mr. Lacy

explained some of the other people submitted a plan that included a three strand bar wire, which was approved by the Board, so it was open for discus sion. The Board of County Commissioners would make the final approval of the securit y plan after the Sheriff had reviewed it so if they thought in that situation that their design and location was such that it would be safe and secure without it the Commissione rs should discuss that with the Sheriffs Office.

Mr. Thompson

added there were cameras everywhere so they would be open to a solution that kept the property secure and take down the razor wire. They also had 24- hour security guards.

Commissioner Carbone

opened the public hearing. Mike Cottingim, Amargosa Valley Administrator, said they pass ed an agenda item that put an acreage limit of 2.5 acres for subdivisions and five acres for parcels. The feeling at that time was that the current verbiage in Code 16.20.190 rega rding water usage and allotments was fine for what was needed. Amargosa did not feel any of the water issues needed to changed, but yet when the ordinance came forward there were a lot of additions to it that they did not feel were needed. John Bosta, speaking as an individual, reviewed the ordinance and said the definitions of subdivisions needed to be amended; there were incorrect Code numbers referenced; and there should be no changes to the large parcels procedur es. Mr. Bosta suggested adding two sections, one dealing with lots proposed with a parcel map location within Amargosa Valley Basin 230 and one requiring that all lots in a proposed subdivision contain a minimum of 2.5 acres. He felt this was basically an end run to eliminate the relinquishment of water rights permits that were not certificated and hoped the Board would table it. Kenny Bent noted the town had requested that verbiage be taken out, but it was in there again and he saw that as a ploy by someone in the Planning Department to change the current law to match the groundwater management plan inste ad of changing that plan to match the current ordinance. Mr. Bent felt language regarding water rights did not belong in an ordinance regarding lot divisions. Dave Caudle said he concurred with everything said and this needed to be re-worked.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

made a motion to have this taken back to the Amargosa Town Board for concurrence on the item before it was brought back to the Board of County Commissioners again; seconded by Commissioner Schinhof en.

Commissioner Schinhofen

wanted something brought back that said this was what the board wanted and then the Planning Director could explain it. He also believed staff had worked in good faith. April 5, 2016 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-01-Cont’d.

Commissioner Wichman

stated she would like to have staff try to compl y with the desires of Amargosa.

Commissioner Carbone

suggested having individuals from Amargosa and Planning as well as the County Manager get together to hammer this out. Kelly Harris from Planning clarified 4.5 was struck because that was the old Code. That was now the threshold and the town desired a 5 acre minimum, so it could not state 4.5. Darrell Lacy thought it would be more beneficial to the Board to allow staff to give their report before opening the public hearing. He explained there was an agenda item approved by the Amargosa Valley Town Board that they had tried to be consistent with and the statements made today were not consistent with that action.

Commissioner Wichman

made a motion to continue the public hearing until the first meeting in May; seconded by Commissioner Schinhofen; 5 yeas. 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 addres sed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 22. For Possible Action Approval to apply for the federal FY 2016 Violence Against Women Act (VAWA) grant program which includes the STOP fservices training, officers, prosecutors) sub-grant to secure funding for the deputy district attorney prosecuting crimes of domestic violence, sexual assault , stalking and crimes against women.

Commissioner Schinhofen

made a motion to approve items 22 and 23; seconded by

Commissioner Wichman

; 5 yeas. April 5, 2016 23. For Possible Action Approval to apply for the Nevada Aging and Disability Services Division (ADSD) Social Services Competitive Grant for Fiscal Year 2016 to provide senior transportation services in Amargosa Valley, Beatty, Gabbs, Smoky Valley and Tonopah in Nye County. This grant application also includes our Long Distance Medical Transportation program providing non-emergency medical rides to the larger cities.

Commissioner Schinhofen

made a motion to approve items 22 and 23; seconded by

Commissioner Wichman

; 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 repre sentatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 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. This item was removed from the agenda. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meetin g. This item was removed from the agenda. 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No.’s 2016-48, 2016-49, 2016-5 0, 2016-51, 2016- 52, and 2016-53: Resolutions expressing gratitude to various county governments and agencies for their assistance during Nye County’s medical crisis in Tonopah.

Commissioner Schinhofen

made a motion to adopt Resolutions 201 6-48 through 2016- 53; seconded by Commissioner Wichman; 5 yeas. SHERIFF 28. For Possible Action Discussion and deliberation regarding the retirement of three (3) Nye County Sheriff’s Office K-9’s. This item was removed from the agenda. April 5, 2016 COUNTY MANAGER-Cont’d. 35. For Possible Action Discussion and deliberation regard ing a Lease Agreement between Nye County and Renown Health to lease the medical facilJy owned by Nye County located at 825 S. Main St. in Tonopah, NV, more particularly describe as Assessor’s Parcel No. 08-261 -44.

Commissioner Wichman

said a few changes needed to be made in the lease. Renown Medical Group needed to be corrected to Renown Health, a non-pr ofit organization, and there were some minor typos. Additionally, item 20 (the exclusive use clause) and item 32 (the right to purchase) needed to be removed in their entirety. Pam Webster added an insurance clause needed be inserted into Section 8.1 to distinguish insurance coverage for the lessee’s equipment and protect ion of the building as well as their malpractice. Angela Bello said Section 5 needed to say landowners where it said lessor.

Commissioner Wichman

made a motion to change their name to Renown Health, a non-profit; to remove item 20 and item 32; and include a new section that covered the insurance required of the tenant for malpractice and equipment; seconded by

Commissioner Cox

questioned listing Pam Webster, Nye County Manager, as the landlord rather than Nye County.

Mrs. Webster

explained it was just a point of contact for administrativ e seMces and she did not think it would create any personal liability for her.

Ms. Bello

said that could be changed to point of contact if that was preferable.

Commissioner Wichman

commented those were typographical issues and did not change the substance.

Commissioner Borasky

stated this whole project had been a movin g target from day one and he did not believe he could support this.

Commissioner Schinhofen

made a motion to approve a, b, c and d; seconded by

Commissioner Borasky

asked if the road shown on the map from one lot to another was an issue. Kelly Harris from Planning explained that was Senior Way, a new road on this map being dedicated to Nye County.

Commissioner Wichman

made a motion to approve 1) and 2) to delegate the authority and to approve the Nye County Park and Recreation eligibility guidel ines; seconded by

Commissioner Schinhofen

. Pam Webster asked how the money would be administered.

Mrs. Eastley

said they were working with staff to do the actual administration. The purchasing process would have to be followed and there would be documentation showing how the money was used. As an advisory board they would make recommendations on awards and then the Board of County Comm issioners would make the actual decision.

Commissioner Schinhofen

made a motion to fill the vacant mappin g administrator position #14005-001 in the Assessor’s Office effective July 1, 2016, due to the employee retiring February 29, 2016; seconded by Commissioner Wichman; 5 yeas. COUNTY MANAGER-Cont’d. 32. For Possible Action Discussion, deliberation and direction to staff to move forward with offering certain County owned parcels for sale at auction.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen. April 5, 2016 32. For Possible Action Discussion, deliberation and direc tion to staff to move forward with offering certain County owned parcels for sale at auction.-Cont’c[ Lorina Dellinger pointed out the list in the back-up identified several parcels that the County owned, but the list would be minimized as some of thos e properties were transferred for road easement purposes or drainage. A resol ution with the final list would be brought forward.

Mrs. Dellinger

confirmed that APN 027-491-32 was redeemed by the property owner and no longer available, but she would have to check on APN 045-411-02.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Carbone; 4 yeas. Commissioner Schinhofen was not present. 34. For Possible Action Discussion and deliberation to adop t, amend and ado or reject Nye County Resolution No. 2016-46: a Resolutio n directing the transfer of Nye County Treasurer Trust property to Town of Pahrump for public purposes This item was removed from the agenda. HIR AND RISK MANAGEMENT-Cont’d. 40. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-031 in the Pahrump Sheriff’s Office effec tive May11, 2016, due to the employee transferring to the Pahrump Justice Court as a Court Bailiff on February 10, 2016. —

Commissioner Wichman

assumed this was all in the budget or was giving a savings. Danelle Shamrell, Human Resources Manager, noted the agen da item showed a savings of $29,512.00. April 5, 2016 40. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-031 in the Pahrump Sheriff’s Office effective May 11, 2016, due to the employee transferring to the Pahrump Justice Court as a Court Bailiff on February 10, 2016.-Cont’d.

Commissioner Wichman

made a motion to approve; seconded by

Commissioner Cox

; 4 yeas. 41. For Possible Action Discussion and deliberation to fill a vacant Logistics Officer position #12021-001 in Emergency Management as a Training Officer effective May 23, 2016, due to the employee taking a position - in Public Works on February 22, 2016.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. 42. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-035 in the Pahrump Sheriff’s Office effective July 1, 2016, due to the employee retiring on March 29, 2016.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 43. For Possible Action Discussion and deliberation to fill a vacant Dispatcher position #10022-002 in the Pahrump Office effective July 1, 2016, due to the employee resigning March 25, 2016.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone. Danelle Shamrell pointed out there was a request from the Sheriff’s Office to allow this to be filled sooner than July 1, 2016, due to them being down several dispatchers tight now. There was a 16 week training process for new dispatchers and there were at least two going through the training process right now. It would not cost anythin g, but it would not allow for the savings to be realized.

Commissioner Wichman

amended her motion to approve both items 43 and 44 and waive the 90 day waiting period; Commissioner Schinhofen amended his second; 5 yeas. April 5, 2016 44. For Possible Action Discussion and deliberation to fill a vacant Dispatcher position #10022-008 in the Pahrump Office effective July 1, 2016. due to the employee resigning March 14, 2016.

Commissioner Wichman

amended her motion to approve both items 43 and 44 and waive the 90 day waiting period; Commissioner Schinhofen amend ed his second; 5 yeas. 45. For Possible Action Discussion and deliberation to fill a vacant Investigator position #80012-013 in the Pahrump Sheriff’s Office as a Deputy Sheriff effective July 1, 2016, due to the employee resigning on February 17, 2016.

Commissioner Wichman

confirmed with Danelle Shamrell that the Sheriff was removing the vacant position of the investigator and replacing it with a deputy sheriff at a savings.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 47. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2016-54: a Resolution amending the Nye County Personnel Policy Manual.

Commissioner Schinhofen

stated he had a few concerns about the testing. Someone who tested positive may not necessarily be terminated, but it could lead to that. His concern was the County inserting itself between a patient and their doctor. The use of cannabis was federally illegal, but it had been passed in many states and in this state it was part of the Constitution and was a right. The double standa rd in that was troublesome to him. While the tests Human Resources was lookin g at would go up to 24 hours, Commissioner Schinhofen thought the tests should look at the last hour or two.

Sheriff Wehrly

thought it should read up to and including termin ation. Danelle Shamrell explained the removal of “possible” did not negate the fact that it could be less than that, such as discipline.

Sheriff Wehrly

stated she did not want one of her deputies to be impaired and have a rifle, shotgun and handgun on their hip and drive a County car. She believed in random tests.

Commissioner Wichman

said random testing could be implem ented as well as a policy that included testing for cause.

Mrs. Shamrell

advised reasonable suspicion was already in place. April 5, 2016 47. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-54-Cont’d.

Commissioner Schinhofen

said his concern was testing someone who had driven and had been prescribed cannabis. Test would show it was in their system even though they were not impaired.

Sheriff Wehrly

noted a DUI had a physical test for being impaired and though t that should be applied. Pam Webster thought the concern was someone did not have to be impair ed to test positive.

Mrs. Shamrell

explained that when a random test was done using the in-hou se method she showed Commissioner Schinhofen if there was a positive result they would have to be tested at one of the labs. The medical review officer then had the opport unity to speak with that employee to find out what if any prescription drugs that person was on that could have affected the outcome of the test. If their ability to continue to function and perform the essential functions of their job was impaired, then that would determine whether or not any discipline would take place.

Commissioner Carbone

asked what the State was doing at this moment.

Mrs. Sham

rell did not know. She said the changes made were based on the fact the County received federal grant monies and because of the legalization of marijuana for medical usage it was required to amend its drug and alcohol policy. The changes were what POOL/PACT recommended to everyone.

Commissioner Cox

thought medical marijuana was not supposed to have the debilitating effects.

Commissioner Schinhofen

said enough could definitely be taken to be impaired, but he agreed the person should be impaired and the determination needed to be made if they were. The no tolerance policy meant if it was in a person’s system then they were impaired. While the State Constitution said it was acceptable, the County was saying it was not.

Commissioner Schinhofen

made a motion to accept the changes and direct staff to look into better ways of testing and look into safety sensitive positions; second ed by

Commissioner Cox

said she would like to incorporate anything the Sheriff said regarding random.

Mrs. Shamrell

stated random testing was in there. April 5, 2016 47. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 6-54-Cont’d. Regarding the in-house testing versus the lab, Commissioner Cox asked if the County had someone who did that or if someone would have to be hired.

Mrs. Shamrell

said they were looking at the process to utilize in-house testing that was on the market and used all over the place. It would save a considerable amount of money as the random would be on anyone deemed in a safety sensitive positio n. This would be the means by which the County could affordably comply with what it was implementing and if anything came back positive then the person would go to a lab to have it retested. There was training that Human Resources and supervisors could go through as well as a couple of people in the Sheriff’s Office, but Human Resou rces would be facilitating this.

Commissioner Wichman

made a motion to approve; seconded by Commissione r Schinhofen; 5 yeas. FINANCE 38. For Possible Action Discussion and deliberation regarding amending the Corrective Action Letter, approved at the March 15, 2016 meeting, for the Annual Audit Report for Fiscal Year ending June 30, 2015 to be submitted to the Department of Taxation.

Commissioner Schinhofen

made a motion to approve; seconded by Comm issioner Wichman. Pam Webster explained they sent the original corrective action plan to the Depart ment of Taxation who requested these additional comments be included.

Commissioner Borasky

made a motion to set the date and time as May 17, 2016, at 10:00 a.m.; seconded by Commissioner Schinhofen; 5 yeas. 37. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections for Fiscal year 2017. and possible actions. Pam Webster said she received the pro forma from the Department of Taxation (DTAX) and their projection for property taxes was considerably higher than what the County had been using. She looked at the number projected for FYI 6 and the collections were right on schedule so she was hesitant to count on the DTAX projection Of another $600,000.00 to $700,000.00 in FYI 7. She did project a small increas e and she would continue to work that number with the Assessor.

Mrs. Webster

then discussed the consolidated taxes. The total actual income for June through January was $7,122,000.00, which averaged out to $1.17 million per month. She chose to look at the first five months to average them, resulting in $1.9 million per month. Projecting $1 .10 million out for the remaining five months took that up to right around $1 2.075 million for the year so that was the number Mrs. Webst er used for the projection. By using $1 2.175 million for consolidated taxes for FY16 and FYI 7 and the current estimated expenditures (including step increases, longevity, overtime and a 9.5% increase on the medical premiums), Mrs. Webster advised the shortfall was now $476,000.00, which was considerably better than what was looked at previously. Another point she made was that DTAX projected $15 million for the County’s consolidated taxes for FYI 7, which would have been an increase of over $3 million.

Mrs. Webster

was not comfortable using that so she kept it at the same projected level as FY16.

Mrs. Webster

said while she thought the shortfall had been reduced to $476,000.00, she wanted to continue to work through the ad valorem numbers to make sure she felt comfortable with the projection. She would give another update at the April 19, 2016, meeting and at that time discuss any major changes that would have to be incorporated to balance. She thought that by going along some of the lines of what was discussed before they could get relatively close, have a contingency, and still balance the budget without taking it to a layoff status.

Commissioner Wichman

asked Mrs. Webster to also look into the charges for services, licensing and permits, and fines and forfeitures as all had a much higher projection.

Mrs. Webster

added that with the three month hiring freeze and the step one rehiring practice the County was able to save $700,000.00 in 2016. She did not know if the same turnover level would be maintained, but just continuing that practic e generated April 5, 2016 37. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections for Fiscal year 2017, and possible actions.-Cont’d. enough to cover the shortfall. That was why she would not make any recomm endations until she could get something a little firmer on the ad valorem numbers.

Commissioner Schinhofen

said he was asked by a press member if Bell Vista would be closed completely. Although he was given the authority, Dave Fanning indicated he was closing itto 13 ton/26,000 pound vehicles and local traffic, but deliveries would still get through. Darrell Lacy added he talked to Mike Reynolds, the park superintendent, over lunch who said the gravel trucks were going to a project in Shoshone, not to California, and he was not concerned about the County making them go a different direction. Sam Merlino stated the other day she gave the newspaper some information on candidates on the primary ballot. In the past it had always been in a partisan office that the one who got the majority of the votes was the nominee. That was no longer 50 plus one, so the one who got the most votes this primary would go on the general ballot. However, the non-partisan office did change to 50 plus one ii there was more than one candidate at the primary.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2016. .1j / 4? // LjQ

Chair Nye

couy Clerk I Deputy