June 7, 2016

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners.

Commissioner Schinhofen

said items 6 and 16-18 could be removed from the agenda. Angela Bello advised item 26 needed to be removed also. The invoices did not show a case number so it was hard to tell if they fell within the limits and Desert Haven was going to revise them.

Commissioner Cox

could contact Ms. Nelson anytime if she had any question about June 7, 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. what Ms. Nelson said or thought. Additionally, she wanted the District Attorney to clarify the speed limits brought up in a previous meeting. Louis DeCanio questioned the approval of the $450,650.00 budget for the Beatty Justice Court. He felt the taxpayers’ money was being wasted on a courthouse that was rarely used in light of the recent boundary changes done for the vacant Justice of the Peace position in Pahrump. Mary Dixon read a letter notifying the Commissioners of a public nuisance complaint at 1141 West Dyer. She described how trailers, refrigerators, propane tanks and other miscellaneous junk, as well as animals, had been placed on the property since the owner’s granddaughter moved her to a nursing home in Las Vegas. She said the residents were concerned about the fire hazard, the safety of the children in the area, and the devaluation of the surrounding properties. Ms. Dixon and the residents asked the Commissioners to remedy the situation in accordance with the nuisance law. Sam Merlino asked Mrs. Dixon to be sure to submit all of the information, including the complaint, to her office as they discussed yesterday. Kay Kozma also spoke to the nuisance. She had called the granddaughter for her address in Michigan, but the woman would not give it to her and said the neighbors were rude for complaining. The granddaughter stated that if a complaint was filed then she would take pictures of other properties that she did not like and file a complaint against them. Diane Southworth reminded everyone it was election time and encouraged them to vote. Phil Huff said he noticed the perimeter of the duck pond was dirty with scum and leaves and the gutter around it was full of pine needles. He suggested having a Boy Scout Troop or another one of the service clubs clean it up.

Commissioner Borasky

said there was someone who cleaned it once a month. Dave Stephens thought Pahrump should be added to the Senior Nutrition grant. Angela Bello asked Mr. Stephens to speak at the time items 11, 12 and 13 were discussed. Nye County Assessor Sheree Stringer advised the State of Nevada reinstated the STAR Program (Senior Tax Assistance and Rent Program). Applications were available at her office and the deadline was December 30, 2016. June 7,2016

Commissioner Cox

made a motion to approve; seconded by Commissioner Borasky; 3 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

explained Commissioner Carbone and Pam Webster were at a Department of Taxation meeting and Commissioner Wichman had a family issue. He noted it was the first time in eight years she had not come to a meeting.

Commissioner Cox

advised Herb Melvoin passed away last Friday and his wife needed financial help with the funeral. Anyone who would like to donate could either give directly to Mrs. Melvoin or go to the GoFundMe.com account that had been established. At Commissioner Borasky’s request, Angela Bello discussed the “Donuts with the District Attorney and Coffee with the Commissioners” event held on Saturday. The plan was to hold it the first Saturday of every month, but if there were not enough attendees it would be done every quarter. It would be held at the Bob Ruud Center at 10:00 a.m. and was just to talk about concerns, express ideas, and share information about the justice system and policy issues.

Commissioner Borasky

said it was a small crowd, but he did not believe it got publicized. He asked one of the press to turn it into the newspaper and now that Ms. Bello wanted to make it the first Saturday he would make sure it got publicized a little better. Sam Merlino encouraged everyone to get out and vote as the turnout had been very lackluster. Robert Adams said the Southern Nye County Conversation District would hold a toad count in Beatty on Saturday starting at 9:00 a.m.

Commissioner Schinhofen

noted that since only three Commissioners were present any vote today had to be 3-0 to pass. If neither Commissioner wanted to make a motion or a second to support an item, Commissioner Schinhofen suggested putting the item off to the next meeting when there would be a full Board. Regarding the ponds,

Commissioner Schinhofen

said using volunteers had been looked at. Sam Merlino advised Alan Bond was recently appointed to the RPC, but he was not going to take the seat. She asked for direction as to whether she should advertise it again or if the Board wanted to use the other applicants and put it on the agenda.

Commissioner Schinhofen

said he was fine either way.

Commissioner Borasky

told Mrs. Merlino to put it back on the agenda with the ones received.

Commissioner Cox

also agreed with bringing it back.

Commissioner Schinhofen

asked Darrell Lacy if there was code compliance on the items brought up or if it would be given to the Clerk. Darrell Lacy, Planning Director, advised they filed code compliance complaints yesterday with Commissioner Cox so they had that processing in their office. The nuisance complaint process through the Clerk’s Office was a totally separate issue. If they wanted to file that separately that was something they would need to think about doing.

Commissioner Cox

said they would do that today. 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

advised Dave Stephens this was the time to talk about his item. He explained that Pah rump was not on it as they had not applied for a grant at this time. Grants were still done occasionally for the Pahrump Senior Center, but that was a stand-alone entity.

Commissioner Borasky

added the Pahrump Senior Center wanted to go out on its own and apply for all its own grants. They were quite stable right now Dave Stephens said his point was really that they had not received a cost of living and while he knew it was not the Commissioners’ responsibility, he talked about it every chance he got. June 7, 2016 CONSENT AGENDA ITEMS-Cont’d.

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas.

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas.

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Botasky; 3 yeas.

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas.

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas.

Commissioner Ccx

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas. June 7, 2016

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas.

Commissioner Cox

made a motion to approve items 9-15; seconded by Commissioner Borasky; 3 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 8. For Possible Action - General road report by Public Works Director

Commissioner Cox

asked about the potholes on Kearney Street. Tim Carlo from Public Works advised that was scheduled to be done before the Bob Ruud Memorial Highway emergency happened. They would take care of Kearney when Bob Ruud was taken care of as well as Retread and a couple of others.

Commissioner Cox

mentioned a problem on Blosser Road on the turnout to Highway 160. Dave Fanning, Public Works Director, advised NDOT was getting ready to do the widening program and would address some of the issues at that time.

Commissioner Cox

asked if they were still doing weeds as she had received some complaints.

Mr. Carlo

confirmed they were although it was limited right now.

Commissioner Borasky

said he was starting to get a lot of complaints about potholes around the circle in Comstock Park. The main complaint was the ATV5 entering on Comstock property through the Nye County right-of-way because there was nothing to stop them. He asked if there was anything Public Works could do to put some kind of barrier up. Commissioner Borasky had some photographs he would provide showing where they were coming on to the property. June7, 2016 8. For Possible Action - General road report by Public Works Director-Cont’d.

Mr. Fanning

advised they were going through the OHV process with the Sheriff and he would appreciate anything that could be provided.

Commissioner Schinhofen

asked when the crews would be off Bell Vista.

Mr. Carlo

said they would start paving on June 20, 2016. There would be some clean up work after that, but they should be back in Pahrump by the following week. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. BOARD OF COMMISSIONERS

Commissioner Schinhofen

stated this was not something the County asked for. The State said it had to be done.

Mrs. Merlino

said she would work with the District Attorney to write the pros and cons and Commissioner Schinhofen could assist.

Commissioner Cox

wondered if it was a conflict of interest since Commissioner Schinhofen originally brought this back several months ago.

Commissioner Schinhofen

explained this had nothing to do with him and had nothing to do with the gas tax. It had to do with indexing the gas tax and the State asked for this.

Commissioner Cox

made a motion to appoint Commissioner Schinhofen to the committee to write the pros for the ballot for the upcoming election; seconded by

Commissioner Borasky

; 3 yeas. DISTRICT ATTORNEY

Commissioner Borasky

made a motion to 1) direct staff or the appropriate departments to determine the status and 2) direct staff or the appropriate departments to abate the nuisance if it still existed; seconded by Commissioner Cox; 3 yeas. June 7,2016 SHERIFF

Commissioner Borasky

did not think this had ever come to the Board to begin with and noted the Sheriff was not present to answer. Lorina Dellinger verified it was not brought before the Commissioners for approval to apply.

Commissioner Borasky

suggested continuing this item unless there was a problem with accepting the grant because of a time limit or anything.

Mrs. Dellinger

said if the Board could trail this she would check for a deadline. Robert Adams advised June 24, 2016, at 3:00 p.m. was the deadline to accept it.

Commissioner Schinhofen

pointed out there was a Commission meeting on June 21, 2016.

Commissioner Borasky

made a motion to 1) ratify the application, and 2) accept the grant with a caveat that Lorina Dellinger notify the Sheriff that in the future they needed to come in front of the Commissioners to get approval to move forward with a grant to avoid a time delay issue.

Commissioner Cox

pointed out there was no County match required and seconded the motion to 1) ratify the application, and 2) accept the grant with a caveat that Lorina Dellinger notify the Sheriff that in the future they needed to come in front of the Commissioners to get approval to move forward with a grant to avoid a time delay issue; 3 yeas. Robert Adams suggested rather than paying overtime to put deputies on these to make this their 40 hour a week job instead. He said Lincoln County had an excellent search and rescue program and the County might look to others that also had successful programs. Dave Stephens had concerns with deputies on motorcycles. TREASURER

Commissioner Schinhofen

explained the Bergs gave this property to the County years ago for a park which had not happened.

Commissioner Borasky

made a motion to approve a quit claim deed for the family of Karl W. and Alice A. Berg for Assessor’s Parcel Number 01 0-391-12; seconded by

Commissioner Cox

; 3 yeas.

Commissioner Schinhofen

noted this was action the Board took a while ago so NRHA could build a senior care facility in Tonopah. Joni Eastley clarified it was an independent living facility. Angela Bello asked that the motion be subject to some small typographical errors that needed to be corrected.

Commissioner Borasky

made a motion to approve a quit claim deed to Nevada Rural Housing Authority for Assessor’s Parcel Number 008-261-45 subject to having a few typographical errors corrected; seconded by Commissioner Cox; 3 yeas.

Commissioner Borasky

made a motion to amend and adopt with the change on line 20 so it read “Whereas the Board finds the above items have reached the end of their useful lives and donation to the Town of Tonopah will provide substantial benefit to the inhabitants;” seconded by Commissioner Cox; 3 yeas. EMERGENCY MANAGEMENT

Commissioner Cox

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Schinhofen

commented that he would like the Department of Energy to realize Nye County was the host county for Area 5.

Commissioner Cox

made a motion to approve; seconded by Commissioner Borasky; 3 yeas. HIR AND RISK MANAGEMENT

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox; 3 yeas.

Commissioner Borasky

made a motion based on staff recommendation for June 21, 2016, at 10:45 a.m.; seconded by Commissioner Cox; 3 yeas. June 7, 2016 PLANNING/BUILDING

Mr. Lacy

then advised there had been some confusion as to whether a postponement would be appropriate to allow the Amargosa Town Board and planning committee to discuss the map. Amargosa requested postponement, however, per NRS the County had 60 days to review and approve the map or it would be deemed approved for lack of action. That deadline for the County was June 25, 2016, but the proposed meeting date of the Amargosa Town Board was not until June 24, 2016, meaning the County would not hear it until July which was passed the 60 days. Mr. Lacy said another alternative was if there was mutual agreement with the applicant than the County could go past the 60 days. Lance Brown, the applicant, stated his preference to have it heard today. John Bosta asked for the date the map was completed because there was no date given for the start of the 60 days.

Mr. Lacy

said it was April 25, 2016.

Mr. Bosta

explained the first time Amargosa was informed of this split was on May 3, 2016, and it came before their board on May 26, 2016. The town board tabled the item until it could go before the planning committee, which was set to hear the application on June 13, 2016. Mr. Bosta felt the courtesy should be extended for the town planning committee to look at the application and send it to the town for approval on June 23, 2016.

Mr. Lacy

pointed out that unless the Commission decided to put a planning commission in place for Amargosa then land splits went back to the County.

Mr. Bosta

stated that if it was on public land the County allowed the town to make the decision.

Commissioner Schinhofen

said the owner wanted it heard and while he understood the concerns, this was filed before the updated rules were in place so there was no reason for the Commissioners to not hear and pass it today.

Commissioner Borasky

asked what the make-up of the Amargosa planning committee was. June 7, 2016 31. For Possible Action Discussion and deliberation on a request for approval of an application for a parcel map proposing to divide approximately 9.5 gross acres into one 4.98 acre parcel and one 4.52 acre parcel, Rockview Dairies Inc — Owner, AP #19-401-44; located in Amargosa Valley (PM-2016-000012)-Cont’d.

Mr. Bosta

advised it was four members and Dave Hall was the chairman. He assumed the committee would probably approve this, but their question was if there were any water rights on the parcel. Mr. Bosta also wondered what happened between January and May 3, 2016.

Mr. Lacy

explained it was originally filed in January, but it was incomplete and returned to the applicant. The complete application was returned to Planning in April.

Commissioner Borasky

made a motion to approve because either way the outcome was going to be the same.

Commissioner Cox

asked Mr. Bosta if he had a problem with it being approved today.

Mr. Bosta

stated the problem was the town was left out of the loop and was not given the courtesy of timely notification. He thought the 60 day period of time when the town was notified should run from May 3, 2016.

Mr. Brown

noted the time spent on the map.

Commissioner Cox

seconded the motion to approve.

Mr. Lacy

said a Code change that required the application to have a recommendation from the local town board before it was received by the County might solve this problem and Mr. Bosta’s concern.

Commissioner Schinhofen

felt the letter needed to be sent as it was how the process worked, but it would probably end up in adjudication. June 7,2016 32. For Possible Action Discussion and deliberation to approve a draft letter to the Bureau of Land Management (BLM) containing Nye County’s Preliminary Comments on BLM’s Administrative Draft Resource Management Plan.-Cont’d.

Commissioner Borasky

advised he attended the Quad-State teleconference last Friday where this was heavily discussed and all agencies involved felt the same way.

Commissioner Borasky

made a motion to approve the letter being sent; seconded by

Commissioner Cox

; 3 yeas.

Commissioner Borasky

encouraged the public to attend the District Attorney’s “séance.” The next one would be Saturday, July 2, 2016, and he would personally hand-deliver the information to the newspapers and other media outlets. Sam Merlino advised a pipe broke in the old gym at the Pahrump Valley High School where people voted. Cameron McRae called her yesterday and offered to divert the voters over to the newer section of the high school since they were currently painting the old gym, but Mrs. Merlino determined that would be pretty chaotic. She wanted to let the voters know the old gym was open but it may smell a little bit like paint.

Commissioner Schinhofen

said if people wanted to participate in the Independence Day parade they should contact Linda Wright at the VFW as he had nothing to do with it.

Commissioner Borasky

read the flyer regarding “Donuts with the District Attorney and Coffee with the Commissioners” scheduled from 10:00 a.m. to 12:00 p.m. on July 2, 2016. It was an open public forum for the mutual exchange of ideas, information, and June 7, 2016 concerns related to the local justice system, local crime, and local government from a legal and policy perspective. Commissioner Borasky believed the Sheriff would be invited to the next one.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of •LcL. ,2016. (e Cfl

Chair Nye

ountv Clerk / Deputy