September 20, 2016

Ms. Bromell

further stated one of her complaints was that background checks were not done on Deputy Public Administrators and they could be convicted felons. The new Public Administrator stated on her resume she was a Deputy Public Administrator from June, 2015 to current, yet she stated in The Mirror that she left from December, 2015 to July, 2016 because she actually saw people stealing. Ms. Bromell hoped she notified the Sheriff’s Office that she witnessed a crime, If she did not, then she should not be the new Public Administrator. Renee Kaufman addressed the allegations regarding the property she lived on at Blagg and Wilson. She stated the tires would not collect water, they did not have a flea market, they did not bring in items all the time, and they did not produce clouds of dust. They had not let fluids spill onto the ground from any automobile stripping and Ms. Kaufman resented the implication they were that blatantly irresponsible. Also, Ann and Lloyd did not bring their pool to Ms. Kaufman’s property and set it up. Ms. Kaufman bought it from them and set it up. Susan Holecheck was present with John Pawlak on behalf of Nye Communities Coalition to remind everyone of the Remote Area Medical (RAM) event for residents to get medical, dental and/or vision services with no questions asked. Mr. Pawlak left brochures. Clara Cook, who resided at 60 E. Wilson Road, said she did not care what Ms. Kaufman did as long as Ms. Cook’s well did not get contaminated. She expressed concern with groundwater contamination due to the tires on the property as well as West Nile Virus coming into Pahrump if water was left to get stagnant and draw mosquitoes. She noted there were six RV trailers, although it was not an RV park per Code, and there were electrical wires which could cause a fire that could spread to other properties. Ms. Cook stated she wanted her well and property protected. Ron Fairbairn thanked everyone who came out and supported the 9/11 glow sticks event and reminded the community the Vietnam Wall was coming in. He then discussed the homeless problem at the park and what was being done to help them and get them out. Sam Jones talked about the County cars and employees still parking in the public parking lot and asked the Commission to have Mrs. Webster put up a notice for them to park somewhere else so the public could use it. Also, regarding the signs on the government complex doors about firearms, Mr. Jones noted that was a public building and the judge only had control over the courtroom. He asked the Commission to direct

Mrs. Webster

to take down those signs. September 20, 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. David and Susan Gresham thanked the Board for its help and support with the light in the dark program. They advised they were moving forward and generating money with car washes, wristband sates, and sales of shirts. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Schinhofen

made a motion to go into closed meeting; seconded by

Commissioner Borasky

; 5 yeas.

Sheriff Wehrly

was present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 18. 10:30 For Possible Action Public Hearing, discussion and deliberation to - — adopt, amend and adopt, or reiect the IAFF Local 4068 Bargaining Agreement.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue the public hearing to October 4, 2016; seconded by Commissioner Borasky; 5 yeas. September 20, 2016 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 Town of Pahrump, the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, 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 August 16, 2016.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Cox

said she had some corrections.

Commissioner Schinhofen

withdrew his motion; Commissioner Wichman withdrew her second.

Commissioner Cox

commented under item 3, in the second paragraph where Robert Adams spoke about the Open Meeting Law, it did not indicate what he was addressing or what board.

Commissioner Wichman

advised he did not make an indication.

Commissioner Cox

said under item 5, Announcements, October 7, 2016, needed to be corrected to October 2, 2016, in Pam Webster’s comments regarding the RAM event.

Commissioner Schinhofen

made a motion to approve with the correction of October 2, 2016, not October 7, 2016; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Cox

announced two meetings that were being held this week. The Attorney General would be in chambers tomorrow at 1:30 p.m., and the BLM would meet in chambers on Thursday at 10:00 a.m.

Commissioner Borasky

reminded everyone the Fall Festival was this weekend, Thursday through Sunday with the parade on Saturday. Also, the next Donuts with the District Attorney and Coffee with the Commissioners would be on October 1, 2016, at 10:00 a.m. at the Artesia Clubhouse.

Commissioner Schinhofen

said he and Commissioner Carbone were at the Eye on September 11, 2016, for the First Responder Memorial.

Commissioner Carbone

said Pumpkin Days would be October 21-23, 2016, at the Ian Deutch Park. September 20, 2016 5. Announcements (first)-Cont’d.

Commissioner Wichman

advised the gathered horses would be adopted out in Tonop ah this weekend. Richard Goldstein said the moving Vietnam Wall would be at Simkins Park with the opening ceremony on Thursday at 2:00 p.m.. The wall would be here until Sunday and open 24 hours a day all weekend. There would be shuttle services between Simkins and Petrack Parks. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas) Sam Merlino advised her office would get absentee ballots in today or tomorrow and would meet the military deadline of getting those out on Friday. Also, while she was at the Chief Financial Officers Association (CFOA) conference last week she looked at some different election equipment and hopefully would bring something back in a couple of weeks. She did not have any prices, but the Secretary of State had not put money in their budget to help so they would look at getting something from the legislative representatives and the commissions. Lastly, Mrs. Merlino advised Nye County would host CFOA next year (September 26-28, 2017) so she would put something on the agenda for sponsorship and a few other things.

Commissioner Borasky

lamented the loss of good, County-trained employees to other agencies/companies that did not have to follow the Open Meeting Law and could pay their employees whatever they wanted.

Commissioner Schinhofen

responded to the items brought up in public comment. He gave Ron Fairbairn an “affa-boy” for his efforts with the homeless. He said he was working on the community garden and would welcome volunteers who would like to help with that. Commissioner Schinhofen was also troubled by The Mirror article, but he understood the former District Attorney did do the one investigation that was asked for. Lastly, while Commissioner Schinhofen did not have a problem with guns in County buildings and did not have a problem getting rid of the sign, he pointed out the judge had absolute control in the courtroom.

Commissioner Wichman

said at the October 4, 2016, meeting the Board would receive a presentation from Metier’s representative, Larry Trilops, which was already given to two of the incoming trustees. The only interview Mr. Trilops was not able to secure was one with Commissioner Borasky and she encouraged Commissioner Borasky to get in touch with Mr. Trilops if there was something he should hear before October 4, 2016. September 20, 2016 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d. There would also be some MOUs coming up along with the bylaws for the hospital district and a plan going forward.

Commissioner Cox

said she had been working with the District Attorney on the issue of guns in the courthouse for quite some time. Legally that was not the courthouse but rather the County complex building, so the law that Judge Lane put forward did not really apply. Commissioner Cox would follow up with the District Attorney on the issue.

Commissioner Carbone

commented on the rubbish on the streets that fell off of people’s trailers or pick-up trucks that other people, including him, were picking up. He asked staff to look at giving the authority to the landfill that if there was no cover on the vehicle when it came in that it got turned around and could not dump until it got covered.

Commissioner Schinhofen

suggested fining them rather than turning them around. TIMED ITEMS 8. 10:00 For Possible Action Public Hearing to solicit comments concerning — — the Edward Byrne Memorial Justice Assistance Grant Program for fiscal year 2016.

Commissioner Carbone

opened the public hearing.

Commissioner Wichman

commented Mrs. Eastley’s name needed to be replaced in the contract. Pam Webster advised the grant administrator’s name would go on it. Renee Kaufman asked what the grant did.

Mrs. Webster

explained it assisted with public defender fees.

Commissioner Schinhofen

made a motion to approve with the correction as stated by

Commissioner Wichman

; seconded by Commissioner Borasky; 5 yeas. September20, 2016 9. 10:00 For Possible Action Discussion and deliberation on approval to — — accept a grant award #2016-DJ-BX-0868 from the US Department of Justice fDOJ), Office of Justice Programs fOJP), Bureau of Justice Assistance and Justice Assistance Grant (JAG) Program. US DOJ, JAG Program in the amount of $12,873.00 for Nye County Justice Court to enter into an Agreement with US DOJ, JAG Program to provide funding to support the cost of Nye County, Nevada’s Indigent Defense Program. This grant will be administered out of Fund 10340 Grants. There is no County match required.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman. Pam Webster explained this item was approval of the grant and the previous item was just the public hearing for the grant.

Commissioner Borasky

noted no County match was required.

Commissioner Schinhofen

made a motion to continue this item until October 18, 2016; seconded by Commissioner Wichman. Pam Webster advised item 10 would be back on October 4, 2016, and heard on October 18, 2016.

Commissioner Schinhofen

said he asked for this to come forward as he had not found that anything had happened, but they did have a board that met last November and he was not inclined to get rid of this at this point.

Commissioner Carbone

opened the public hearing. Linda Hatley said she had five people present that could talk, but if the Board decided to let it go that would be great. Michael DeLee stated miscommunication was the biggest issue with the board. They did meet in November and had adopted the regulations required under the statute, but that just never made it to the State, which was the next step in the process. Ann Bartley was interested in this subject as it was a very vital thing for the State and she was glad the Board would see this through.

Commissioner Carbone

closed the public hearing.

Commissioner Carbone

asked that the motion include getting minutes approved and set a time for getting the training done.

Commissioner Schinhofen

made a motion to reject this bill and continue this board and give them 60 days to meet again, approve the minutes, and comply with the Open Meeting Law which Lorina Dellinger could help them with; seconded by Commissioner Wichman; 5 yeas. 13. 10:45 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-10: a Bill proposing to amend Chapter 2.84, Nye County Peace Officer Advisory Review Board, providing for alternate members of the Nye County Peace Officer Advisory Review Board, setting forth its powers and duties, removing a superfluous reference to a “Director”; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue this item and public hearing to October 18, 2016; seconded by Commissioner Cox; 5 yeas. September20, 2016 14. 11:00 For Possible Action Appeal No. AP-2016-000007: Public hearing. - — discussion and deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2016-000020 to allow a previously grandfathered use of land (Single Family Residence) which has been operationally abandoned or discontinued for a period of six (6) consecutive months or more, to restart on the subject property located at 3720 W. Mesquite Avenue, AP# 027-171-57. Thomas Yiatras Trust Property Owner, Michelle Yiatras Trustee AgentlApplicant. Byron Foster, et. al. Appellant. Darrell Lacy, Planning Director, advised the CUP application had been withdrawn.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Mrs. Webster

explained Mr. Carlo had been with the County for 20 years, most recently as the road superintendent for two years, and for the last several months he had been working in the capacity of almost the Public Works Director.

Commissioner Schinhofen

asked if something for an engineer could be looked at as in the past there was an engineer in the position.

Mrs. Webster

said they were looking at getting a professional engineer on staff.

Commissioner Borasky

commented that when the last Public Works Director was approved he voted no because there was no engineering background to go with the title. He still felt that way, but because of the loss of so many good County employees he would not vote the way he did last time.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. September 20, 2016 15. For Possible Action - General road report by Public Works Director Tim Carlo, Public Works Director, advised Basin would be closed Thursday through Sunday for the weekend festivities. Also, they were starting to get caught up with the pothole patching, Bob Ruud was 100% complete except for the 30 delineators in the corners, and the Manhattan road project had started.

Commissioner Carbone

said the chip seal program needed to be looked at again, even though he did not know where the money would come from. Linda Hatley told Mt. Carlo about a large pothole off of Barney onto Quail Run going toward Bannavitch. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. HIR AND RISK MANAGEMENT

Commissioner Wichman

asked if this position was budgeted. Pam Webster explained the position was not budgeted at the beginning of the year. It would be funded 50% by the Town of Pahrump from the budget for the code compliance officer there, and 50% by Planning from a vacancy in that department, and the position would report to Planning.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. BOARD OF COMMISSIONERS-Cont’d. 29. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action. Pam Webster advised that at the direction of the Board the Planning Department looked at the property as did Chief Lewis and their updated reports were in the back-up.

Commissioner Carbone

emphasized this discussion was about a nuisance, not code compliance. September 20, 2016 29. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action.-Cont’d. Fire Chief Scott Lewis reviewed his report of September 8, 2016. He stated that while it did not appear to meet the intent of the nuisance requirements, there were clearly issues that concerned him from a fire suppression standpoint which he addressed with the occupant.

Commissioner Cox

asked if there was an ordinance Chief Lewis could work under to have that issue abated without it being a nuisance issue. Chief Lewis said they had to separate the nuisance issues from the egress and exit issues. His goal was to create that reasonableness as to how they were going to occupy that residence. Darrell Lacy discussed NRS 244, public nuisance, and Code 17.04, nuisance. He said there were multiple code violations on this property, but the Board needed to determine if it was still a public nuisance under NRS 244.

Commissioner Wichman

asked if the property had anything on it or anything taking place on it that met NRS 244, public nuisance. Maria Zlotek cautioned this status check was for whether the nuisance found as stated in the resolution had been abated, not to re-debate whether there was a nuisance.

Mr. Lacy

said there were improvements made in that materials in the front yard had been cleaned up and the property appeared to be fully fenced. However, there were other activities on the property that the Board could potentially find constituted a public nuisance that had not been abated such as the RV5 still on the property along with a large amount of salvage material and junk.

Commissioner Cox

read NRS 244.011 and noted there was still miscellaneous junk on the properly. She was also concerned with the political signs they were using to fence the property with as well as the fact that there was what appeared to be a rodent carried onto the neighbor’s property that looked like it came from somewhere else. She wondered at what point the Board took it from being a public nuisance and turned it over to Mr. Lacy.

Commissioner Schinhofen

said one of his concerns with this property was getting around the building with fire equipment and Chief Lewis said he could do that now. Chief Lewis stated they were still concerned about personnel deployed to the back of the house, If there was no reasonable expectation of the occupants they could save September 20, 2016 29. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action.-Cont’d. any of the property or anybody in the house then the firefighters would go into defensive exterior mode.

Commissioner Wichman

explained she voted it was a nuisance because there was a swimming pool sifting there without a fence around it to protect the neighborhood children.

Commissioner Schinhofen

believed this was turning into mote of a private nuisance and there were code compliance issues. He found there was no longer a public nuisance provided the gate was closed and all the other issues could be addressed through code compliance.

Commissioner Schinhofen

made a motion that the public nuisance had been abated; seconded by Commissioner Wichman.

Commissioner Cox

commented the gate was standing wide open and no one was watching the yard. Mary Dixon, who lived at 1391 Dyer, noted they were given 30 days to clean up the place and they seemed unable to accomplish that task for any reason. She asked why the tenants and property administrator were not being held accountable. She expressed her concerns with the fence and the arrival of rodents as well as Mr. Rowland running a business on the property although it was zoned residential.

Commissioner Wichman

said she understood all of the concerns, but the Board of County Commissioners was limited to looking at a public nuisance, not a civil dispute or a problem with a messy neighborhood, and the Board could not do anything to help with a private nuisance.

Ms. Dixon

stated this was a public nuisance with a health problem. There were people who had lived in the area for over 35 years and had never seen a rat.

Commissioner Wichman

said to be a public nuisance it had to have a public health issue and she did not believe rats were found to be a nuisance on the property.

Mrs. Zlotek

advised facts about the rat could not be reargued today. She reiterated that today was a status check to determine if it had been abated. It could be continued and another status check scheduled or it could be found it was abated. Travis Plyneton asked if there was anything that could be done to end this. September 20, 2016 29. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66. adopted on July 12, 2016; and possible abatement action.-Cont’d.

Commissioner Carbone

suggested he sit down with the people who were complaining.

Mr. Plyneton

advised some of the issues Chief Lewis had addressed had been taken care of already. He said to just let them know about other issues and they would take care of them. Kay Kozma, who resided at 1081 Dyer Road, read an e-mail from Harold and Nancy Killian who were property owners with a tenant living next to this property. It expressed their concerns with the trash being hauled and stored on the property and described how their tenants had broken their leases because of cars and noise during the night.

Ms. Kozma

then stated the nuisance complaint began 90 days ago and as of today it was still a nuisance. Some items had been removed from the front yard, but the back yard was still full. She said their properties were being devalued because of this unsightly mess. Renee Kaufman, speaking on behalf of Ms. Hare, advised Mr. Rowland had been suffering from several medical conditions. They had worked as best they could and cleaned it to the best of their understanding to clear the nuisance. If there were still items that were an issue as far as the nuisance, Ms. Kaufman said they were asking the neighbors or the Commission to specify what needed to be done so they did not have to keep coming back. Joshua Fischer stated he moved into the area about five years ago and they had not experienced anything like this. He also noted the area was not zoned for what the occupants were doing. Nola Overholt, who lived at 1421 W. Dyer Road, wondered why none of the complaints on Irene were enforced. She said these people moved to Dyer and apparently the nuisance violation did not cover this. She asked what they had to do now to stop this before it got to a four year problem.

Commissioner Carbone

directed them to Mr. Lacy to turn in complaints.

Commissioner Schinhofen

repeated his motion to find there was not a public nuisance provided the gate continued to be closed while people were on the property, and the public nuisance had been abated; seconded by Commissioner Wichman.

Commissioner Cox

pointed out the list contained in the resolution finding the existence of a nuisance condition did not reference a fence and all property listed was still there, September 20, 2016 29. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66. adopted on July 12, 2016; and possible abatement action.-Cont’d. just moved around. She said she could not support the motion and would vote against it.

Commissioner Carbone

hoped everyone in the neighborhood could get together and work this out. If not, they had their recourse in Planning. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. BROTHEL 16. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a show cause hearing on the Area 51 Death Valley Cathouse and the Chicken Ranch brothel licenses.

Sheriff Wehrly

advised a letter was sent to them on September 12, 2016, giving them 15 days to comply. She noticed on Highway 160 his brothel signs had been covered and she understood that was going to happen on Highway 95 at Lathrop Wells. Mr. Hofs attorney told her they would be up in 72 hours, so Sheriff Wehrly proposed waiting the 15 days to determine whether they were going to comply. She advised she had not heard from the Chicken Ranch at all.

Commissioner Wichman

set a date, time and location of October 20, 2016, in Pahrump at 11:15 a.m. and if they complied before that date the item could be pulled; seconded by Commissioner Schinhofen. Lorina Dellinger advised the date needed to be October 18, 2016.

Commissioner Wichman

amended her motion to October 18, 2016, at 11:15 a.m. in Pahrump; Commissioner Schinhofen amended his second; 6 yeas.

Sheriff Wehrly

was directed to notify everyone. September 20, 2016 LIQUOR 17. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License to Pahrump Hotel Partners Inc., dba Draft Picks, 1101 S. Hwy 160, Pahrump, NV pending the processing of an application for a permanent license. Sukhbir Dhillon, Applicant.

Sheriff Wehrly

stated she spoke with the records clerk yesterday and the $50.00 check had not come in, but she did not have any reason not to go ahead and approve it with the stipulation that when the $50.00 check came in then the approval was good.

Commissioner Carbone

made a motion to approve a temporary license with the stipulation that all the fees that needed to be paid were paid before the temporary license was issued; seconded by Commissioner Schinhofen; 6 yeas. The Board was in recess until 2:30 p.m.

Commissioner Cox

and Maria Zlotek were not present. Tim Sutton, Deputy District Attorney, was present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. Town of Pahrump Ongoing Project Report The report was in the back-up.

Commissioner Cox

was present. 20. For Possible Action Discussion and deliberation regarding the approval of 1) The Cooperative Fire Protection Agreement (CFPA); and 2) The Annual Operating Plan (AOP), between the Town of Pahrump and USDA, Forest Service Humboldt-Toiyabe National Forest and USD1 Bureau of Land Management Southern Nevada District. This agreement shall remain in effect for five (5) years from the date signed, with yearly review of the AOP by both parties.

Commissioner Schinhofen

made a motion to approve 20, 1) and 2); seconded by

Commissioner Wichman

; 5 yeas. September 20, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 21. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 21-25; seconded by

Commissioner Borasky

; 5 yeas. 22. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 21-25; seconded by

Commissioner Borasky

; 5 yeas. 23. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, December 20. 2016 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 21-25; seconded by

Commissioner Borasky

; 5 yeas. 24. For Possible Action Approval to accept a Substance Abuse and Mental Health Services Administration (SAMSHA) grant for the Fifth Judicial District Adult Drug Court in the amount of $325,000 per year for 3 years. This Grant will be administered out of fund 10340 Grants and has an in-kind match of $13,387.86 which is budgeted out of Fund 10248 Drug Court.

Commissioner Schinhofen

made a motion to approve items 21-25; seconded by

Commissioner Borasky

; 5 yeas. 25. For Possible Action Approval to accept the State of Nevada Department of Health and Human Services Division of Public and Behavioral Health’s Emergency Management Services Preparedness, Assurance, Inspections and Statistics Grant award in the amount of $20,000. This grant will be administered out of Fund 10340 Grants and has a match of $20,000 which is budgeted out of Fund 10282 Ambulance.

Commissioner Schinhofen

made a motion to approve items 21-25; seconded by

Commissioner Borasky

; 5 yeas. September20, 2016 BOARD OF COMMISSIONERS-Cont’d. 30. For Possible Action Discussion and deliberation to appoint a Commissioner liaison I representative to the: 1) Nevada Site Specific Advisory Board (NSSAB); and 2) Northern Nye County Hospital District (NNCHD).

Commissioner Schinhofen

made a motion suggesting Lorinda Wichman on 2); seconded by Commissioner Cox; 5 yeas.

Commissioner Borasky

nominated Commissioner Schinhofen for 1); seconded by

Commissioner Borasky

believed there needed to be a representative that could vote.

Commissioner Carbone

was under the impression there were some people from the Town of Pahrump on that board. Darrell Lacy pointed out this was only an advisory board to DOE and did not represent Nye County. They only had discussions on items that DOE wanted to talk about. This was an alternative when the County had asked for more interaction from them with presentations to the Board of County Commissioners.

Commissioner Schinhofen

added these boards had been precluded across the country from allowing elected officials voting privileges and he would be happy to have mote residents of Nye County on it.

Mr. Lacy

said he also had a staff member that was a liaison to it, but this did not take the place of them coming to this Board and keeping the Commissioners informed of what was going on.

Sheriff Wehrly

thought the only thing this board really did was give the County an eye and ear into what DOE was thinking.

Commissioner Wichman

made a motion to approve the change order; seconded by

Commissioner Schinhofen

; 5 yeas. 32. For Possible Action Discussion and deliberation to approve and fill a grant funded deputy district attorney position in the Nye County District Attorney’s Office effective October 1, 2016 contingent upon the Nevada Attorney General Office Grant Manager’s approval of the revised budget for the 2016 Violence Against Women Act, STOP 2016-VAWA-48 sub grant.

Commissioner Wichman

pointed out the October through May employment only and asked if there was a new person stepping in or if this just extended someone’s contract to May. Pam Webster explained they were keeping the same person and this just covered their budget through the end of May. It was a grant funded position through the length of time of the grant, but she was sure they were expecting an additional grant for the next fiscal year as it had been an ongoing grant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 33. For Possible Action Discussion and deliberation on a proposed settlement agreement regarding Leidecker v Nye County concerning claims for wrongful death and Monell violations and execute settlement agreement.

Commissioner Schinhofen

made a motion to approve.

Commissioner Wichman

asked how much this was actually for and how much the County was putting in. She also did not remember having a closed session on this item and had no idea what the case was about or what the County was agreeing to. September 20, 2016 33. For Possible Action Discussion and deliberation on a proposed settlement agreement regarding Leidecker v Nye County concerning claims for wrongful death and Monell violations and execute settlement agreement.-Cont’d. Pam Webster said this case was handled by POOL/PACT and settled by them. The County had paid the deductible already and this was just the settlement of the case, which was beyond her approval authority.

Commissioner Wichman

seconded the motion to approve.

Commissioner Cox

was curious as to why this one was agendized but other agreements for higher amounts were not.

Mrs. Webster

said she could not explain that, but this one was provided by POOL/PACT with instructions to put it on the agenda.

Commissioner Schinhofen

was not sure this could wait until January 6, 2017. Danelle Shamrell, Human Resources Manager, explained that came with the accrual payouts and the 90 day freeze, but it was the Board’s prerogative to wait until then or make it happen sooner.

Commissioner Schinhofen

made a motion to approve and waive the 90 days.

Mrs. Shamrell

noted there would be no reduction in the budget as a result of waiving the 90 days.

Commissioner Borasky

seconded the motion to approve and waive the 90 days; 5 yeas. September 20, 2016 38. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-043 in the Pahrump Sheriff’s Office effective January 11, 2017 due to an employee retiring July 28, 2016.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Ccx.

Commissioner Schinhofen

asked what area this deputy was in and if the Sheriff could wait a month or two.

Sheriff Wehrly

advised it was a patrol deputy in Pahrump and she could not wait. Pam Webster pointed out the item was to approve it in January.

Commissioner Schinhofen

said he knew the position and what the guy did. He wondered if there was anyone else who could climb mountains. Pam Webster said there was no back-up to this position whatsoever and it could take the County down if not filled.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

asked about waiving the 90 days. Danelle Shamrell said the Board’s direction was there was a 90 day wait after the accrual payouts, which was what this reflected.

Commissioner Wichman

withdrew her second unless the waiver of the 90 days was part of it.

Commissioner Schinhofen

amended his motion to fill this position as soon as possible; seconded by Commissioner Wichman; 5 yeas. September 20, 2016 PLANNINGIBUILDING

Commissioner Schinhofen

asked Darrell Lacy if the applicant was in compliance with everything at this point and if he and the Public Works Director agreed to the release.

Mr. Lacy

said there as a letter in the back-up signed by Pam Webster as the Public Works Director that they had inspected and agreed to do that.

Commissioner Schinhofen

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

Commissioner Schinhofen

asked if it met all the minimum standards. Darrell Lacy said yes. There were a few comments and questions the Sheriff had that were communicated to the applicant which would be resolved prior to the final inspections required for opening. Amanda Connor, appearing on behalf of applicant, said the applicant agreed that there would be a final inspection and they would have to demonstrate compliance.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 42c. MM Development (Cultivation & Production). Airport Road and Highway 95 Beatty.

Commissioner Schinhofen

said this was the former Bikinis brothel. The plan was a complete 80 acres utilizing the building that was on the property for small cultivation. September20, 2016 42. For Possible Action Discussion and deliberation to approve Security & Transportation Plans for the following Medical Marijuana Establishments: - Cont’d. 42c. MM Development (Cultivation & Production). Airport Road and Highway 95, Beatty.-Cont’d.

Commissioner Schinhofen

made a motion to approve the plan the way it was, provided they could demonstrate they had 24-hours security monitoring off-site and contingent upon before moving forward with their plan to demolish the inside of the building and make an extraction and build out the other property that they bring forward a security plan that included a fence for the entire property, new floor plans, and a security plan for that building; seconded by Commissioner Wichman.

Commissioner Carbone

asked about the issue with the cameras that was brought up. Robert Grossbeck advised Sheriff Wehrly came and did a walk-through of the site. She identified certain dead spots where she wanted cameras placed. They agreed to all of that and added seven cameras. He said they also had no problems with a follow up inspection as they believed they were compliant.

Commissioner Schinhofen

asked if this met minimum standards. September 201 2016 42. For Possible Action Discussion and deliberation to approve Security & Transportation Plans for the following Medical Marijuana Establishments: - Cont’d. 42g. GWGA (Cultivation). 1340 W. Highway 372, Pahrump.-Cont’d. Darrell Lacy said yes, but the Sheriff had a few concerns that were communicated to the applicant and at the final inspection they would make sure they met all the minimum standards.

Commissioner Schinhofen

made a motion to approve the plan; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Wichman

made a motion to set the time, date and location for October 18, 2016, at 11:00 a.m. in Pahrump; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. September 20, 2016

Commissioner Schinhofen

said he understood a couple of the board members would like to not take the stipend voted for them, although he found it helpful when he was a planning commission member. If they could afford to spend their own gas and time and wanted to donate it back he did not have an issue with it.

Commissioner Borasky

advised he brought it up in the meeting that one of the reasons it was put in was so they would have gas money and no reason to not do site visits. He said he would ask at the next meeting because if they were not then they were not doing their job.

Commissioner Wichman

made a motion to approve with a thank you; seconded by

Commissioner Schinhofen

. Tim Sutton noted the agenda item and the title of the resolution referenced the donation would go to the general fund, but the RPC made a last minute change to request that it go to the Nye County Planning Department. He was not sure if those were the same.

Commissioner Ccx

said she also asked that question. The map did say free visitors’ parking out in the desert area behind the arenas. Tim Sutton wanted to make sure the Commission was not condoning parking on private lots. September 20, 2016

Commissioner Cox

said the Chamber was condoning it on their map, not the Commission. John Bosta asked if a vote was taken on items 42a, 42d, 42e, 42f, and 44, and was advised those items were pulled from the agenda.

Commissioner Carbone

adjourned the meeting. APPROVED this \ day ATTEST: Of , 2016. k