August 2, 2016

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. August 2, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

reminded everyone about the Donuts with the District Attorney and Coffee with the Commissioners at 10:00 a.m. on Saturday at the Bob Ruud Community Center. Also on Saturday would be a walk/meet and greet at the Calvada Eye for Nye County’s first responders. The registration fee for that was $10.00.

Commissioner Wichman

read a letter from John M. Fickewirth regarding his visit to the Tonopah Historic Mining Park with Markus Rosumek. Mr. Fickewirth donated $10,000.00 to the mining park and Mr. Rosumek would send a drone video he shot that day for the exclusive use of the mining park. J.D. Webb announced on August 19-20 and 26-27, 2016, and September 2-3, 2016, the Shadow Mountain Community Players would have a community play at New Hope Fellowship Church called “Murder’s in the Air.” It was an interactive murder mystery where the audience picked the murderer so each night there could be a different ending to the show. Admission was $18.00 and included dinner. The doors opened at 5:30 p.m. and the show would start at approximately 6:30 p.m.

Commissioner Schinhofen

said he was proud of the community on Saturday at the #alllivesmatter event as when everyone left the place was clean. He then addressed the comments made about the need for a committee for planning issues and Yucca Mountain. There was a committee called the RPC for planning issues, and Nye County’s position on Yucca Mountain was the same as nine other counties, which was to hear the science.

Commissioner Wichman

said hopefully on the next agenda there would be an update on what was taking place with the hospital district.

Commissioner Carbone

expressed his displeasure with the graffiti in Pahrump and thought putting graffiti on someone’s building was cowardice. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Comm issione rs. August 2, 2016

Commissioner Cox

reminded Mr. Carlo of her e-mailed request for someone to go over to Comstock Park to see about putting a couple of lights on the back road as it was very dark and people claimed there was a lot of criminal activity there.

Mr. Carlo

said he did not get the e-mail, but he went down there about six months ago and talked to the woman in the clubhouse who could not specify a location. He noted there were numerous lights in Comstock Park that the homeowners association took care of, but he would follow up and get back to Commissioner Cox.

Commissioner Wichman

asked if the service poles in Manhattan had been moved yet.

Mr. Carlo

said no, but they did have the quote to do it and there was only one pole which could be moved at a later date as it would not halt progress.

Commissioner Wichman

asked Mr. Carlo if he had an update on the bid process with NFLAP.

Mr. Carlo

advised the final design was just completed and he was still hoping to complete it by December, 2016.

Commissioner Borasky

asked if the progression of Homestead Road would change now that Dave Fanning had resigned. Mt. Carlo said it was still on schedule. He had met with the hydrologist and had the offer of dedication ready to be signed. He also met with Jim Shanet this morning to start setting the property corners.

Commissioner Borasky

described how the road was breaking up in front of the first entrance to the Lakeside Casino RV Park coming down Manse Road. He did not know if there was water under the road and suggested Mr. Carlo take a look because if it got much worse Commissioner Borasky thought there would be some serious repercussions with the traffic. John Bosta asked a question on behalf of the owner of Patch of Heaven on Ash Meadows regarding who was responsible for the road maintenance.

Mr. Carlo

responded that was under the Park Service, who maintained and took care of all the toads in Ash Meadows. August 2, 2016 When Mr. Bosta asked why it was not under the jurisdiction of the Road Department,

Commissioner Wichman

explained there was an agreement between Nye County Public Works and the Park Service so the Park Service took over those roads as they requested and they were supposed to maintain all of them.

Commissioner Carbone

asked Mr. Carlo to check with the Park Service and see what they were doing. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. TIMED ITEMS 8. 1 0:45 For Possible Action Public Hearing, discussion, and deliberation to - — issue an Outdoor Festival License to Michael R. Maye for the Light in the Dark Pumpkin Fest to be held October 29, 2016, at the Ian Deutch Memorial Park, 1600 Honeysuckle Street, Pahrump, Nevada.

Commissioner Carbone

opened the public hearing.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen. Mike Maye explained the funds raised would benefit the skate park and the lighting issues there.

Commissioner Schinhofen

asked if there were any issues with the plan to have temporary lighting for the nighttime. Matt Luis from Pahrump Buildings and Grounds said he was worried about the liability for the town if there was an accident with that type of lighting as it was not a flat surface . He was not sure if they could sign waivers. Pahrump Fire Chief Scott Lewis said he met with the promoters of this event yesterd ay and addressed the open flame issue because it was a pumpkin lighting event as well as EMS coverage. They said they would utilize battery powered candles and agreed to pay Pahrump Valley Fire and Rescue for the event. Chief Lewis was also concerned about the vendors and cooking, so fire inspections would need to be done prior to the event opening. Security was going to be addressed with the Sheriffs Office, but Chief Lewis did not know if that had been done.

Commissioner Schinhofen

was concerned that if a whole bunch of costs were put on this there would be no funds raised to move anything forward. He asked for an August 2, 2016 8. 10:45 For Possible Action Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to Michael R. Maye for the Light in the Dark Pumpkin Festto be held October 29, 2016, at the Ian Deutch Memorial Park, 1600 Honeysuckle Street, Pahrump, Nevada.-Cont’d. amendment to the motion to have liabBity insurance naming the Town of Pahrump in the amount of $1 million in case there was an accident.

Commissioner Borasky

amended his motion to reflect that. Pam Webster pointed out that to reserve the park for the event they had to produce liability insurance and asked if the Commissioners were requesting additional insuran ce on the skate park area as well.

Sheriff Wehrly

advised they had not talked with her yet. She explained they would need at least two people wandering through and possibly put SAU out for crowd control.

Mr. Maye

stated one of the Commissioners reached out to him yesterday and told him there was paperwork that needed to be completed to make this happen. They had dropped off the form and he had the original with two signatures, but it was lacking the Sheriff’s Office signature. Regarding the waivers, he advised that every participant in the event would have to have a wristband and a waiver signed or they would not have access to the skate park.

Commissioner Carbone

closed the public hearing.

Mrs. Webster

asked that the motion include any conditions discussed so it was part of the letter approving the festival license.

Commissioner Borasky

restated his motion to approve with the stipulation that the Sheriff’s Department be contacted for their approval, but he questioned the need for another $1 million policy.

Commissioner Schinhofen

said he would second the motion without that provided the town was named in the policy.

Mr. Maye

stated they fully intended to do that.

Commissioner Borasky

added to his motion that there would be signed waivers; seconded by Commissioner Schinhofen.

Commissioner Carbone

clarified the motion was to approve with the requirements for agencies to have coordination, waivers to be available, and the insurance to be in the Town of Pahrump’s name; 5 yeas. August 2, 2016 BOARD OF COMMISSIONERS If. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regard ing labor negotiations, issues and other personnel matters. This item was removed from the agenda.

Commissioner Wichman

explained that in the Presidential Proclamation it was stated that all of Nye County’s prior rights, existing tights, grazing, and access all remained the same. Best in the Desert put forth their plans on their race, which would go throug ha piece of the Basin and Range, and there had been some change of heart by a U.S. Senator who had decided he did not want it going through there. Commissioner Wichman said she wanted this letter sent out to the Ely District which was analyz ing the alternatives.

Commissioner Wichman

made a motion to approve and asked staff to e-mail this letter as soon as possible to Michael Herder at the Ely office; seconded by Commissione r Schinhofen.

Commissioner Schinhofen

said while he did not support the Basin and Range, this was how the County had to work now with the process and he applauded Commissione r Wichman for keeping an eye on this.

Commissioner Schinhofen

made a motion to approve; seconded by Commissione r Wichman; 5 yeas. BOARD OF COMMISSIONERS-Cont’d.

Commissioner Schinhofen

noted David Herbert had also applied and looked great on paper. Commissioner Schinhofen encouraged him to sign up as a deputy and get to know this County and this process.

Commissioner Schinhofen

made a motion to appoint Ginger Stumne for the remain der of the term; seconded by Commissioner Wichman; 5 yeas. TREASURER

Commissioner Wichman

confirmed with Pam Webster that Fund 10340, the grants account, had a negative balance because reimbursements were due on some grants. COUNTY MANAGER

Commissioner Wichman

stated she had prepared the one on what she sugges ted and would leave it with Pam Webster.

Commissioner Carbone

said he had a draft in process on the fire and ambulance, which was with Vance Payne and the District Attorney.

Commissioner Schinhofen

asked which one would be the County’s BDR.

Commissioner Wichman

commented that while the list has been whittled down to some very important ones, the County only got one. August 2, 2016 17. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDRs) for Nye County for the 2017 Legislative Session.-Cont’d.

Commissioner Carbone

said the ones he was working on were going to legislators.

Commissioner Wichman

advised she had learned that statewide legislation was preferred at this point, not local issues, and anything not handled on a statewide basis would not go forward. She said the BDR she drafted was very simple and asked to have Nye County added to the list in NRS 253.010. If the County could not get someone to carry the fire/ambulance one she would like to make that the one as she could get someone to carry hers. EMERGENCY MANAGEMENT

Commissioner Wichman

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

Commissioner Schinhofen

noted part of these funds came from Pahrump funds for roads.

Commissioner Schinhofen

made a motion to award Bid No. 2016-04, Fox Avenue to Gamebird intersection, to Wulfenstein Construction and execute the contract; seconded by Commissioner Wichman. Pam Webster stated this was the selected project for the Pahrump gas tax income.

Commissioner Schinhofen

made a motion to award Bid No. 2016-06 to Wulfenstein Construction and execute the contract; seconded by Commissioner Wichman. Pam Webster said there was a minor correction to the agenda item. It was 5.0 miles, not 5.5, but that did not change the award, and it was from Fund 205.

Commissioner Schinhofen

explained that although the 90 days had been done in the past, the overtime needed would eat up the savings.

Commissioner Schinhofen

made a motion to fill the position immediately; seconded by

Commissioner Wichman

. Danelle Shamrell, Human Resources Manager, confirmed nothing would be remov ed from their budget since they would be allowed to fill it immediately.

Commissioner Schinhofen

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

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

pointed out the conditions that were outlined in the conditions of approval needed to be recognized and she believed the applicant was aware of them.

Commissioner Schinhofen

explained the Commissioners approved the SUP, but the State did not like the addressing and asked the County to look at it again.

Commissioner Schinhofen

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

Commissioner Schinhofen

made a motion to appoint Jack Freeman to Position 2, Area 4, and Dennis Gaddy to Position 3, Area 4; seconded by Commissioner Wichman.

Commissioner Carbone

said he knew the Board needed to meet requirements, but he thought Commissioner Cox wanted to put a BDR together. August 2, 2016 24. For Possible Action Discussion and deliberation to appoint two (2) members to the Nye County Water District (NCWD) Governing board for positions due to two (2) terms expiring.-Cont’d. Comm issioner Cox said she understood that it could be tacked on to the end of a bill instead so a BDR was not needed. She sent Pam Webster an e-mail and was waitin g for an answer.

Commissioner Wichman

explained a legislator needed to be identified and it should be taken directly to them so it went through the Legislative Counsel Bureau.

Commissioner Borasky

explained he did not have a chance to interview the people .

Commissioner Wichman

stated that the Commissioners had staff to do certain things for them, but when it came to making legislative changes it was up to the Commissioners to identify the legislator that would champion things. If Commissioner Cox had something she wanted changed with the water district and wanted to tack it onto someone else’s bill, she needed to identify whose bill she was tacking it onto and talk with them herself . Having the County Manager do it would not be seen as appropriate by the State Legislators.

Commissioner Carbone

adjourned the meeting. APPROVED this Cc’ day ATTEST: Of ,2016. j7r 1i Chair c U G ,,,,/ ( Nye our(ij Clerk I Deputy