October 4, 2016

Commissioner Wichman

said on page 5 under item 9 it should be Wade Christensen rather than Wayne Christensen.

Commissioner Schinhofen

made a motion to approve with that correction; seconded by

Commissioner Wichman

; 5 yeas. 5. Announcements (first)

Commissioner Wichman

advised on Friday at 5:00 p.m. at the school gym in Gabbs the Fallon Naval Airbase expansion public scoping meeting would take place, and there would be another meeting in Austin on Wednesday at 5:00 p.m.

Commissioner Cox

said Donald Trump would be in Henderson tomorrow.

Commissioner Borasky

stated the American Veterans Foundation of Pahrump would meet on October 13, 2016, at 1:30 p.m. at the Nye Communities Coalition building.

Commissioner Wichman

said she received an invitation from Round Mountain Gold which would hold a public meeting at the Simpson Center in Round Mountain at 5:00 p.m. on October 12, 2016. She thought they wanted to discuss what the future was for the community as well as for the mine and by extension for Nye County. Sam Merlino advised people it was not necessary to fill out the voter registration forms everyone was receiving in the mail if they were currently registered. She asked that people call the office instead and assured them if they voted in the primary they were registered and should toss the forms. Additionally, early voting would be October 22, October 4 2016 5. Announcements (first)-Cont’d. 2016, through November 4, 2016, in the Clerk’s Office in Tonopah and the room next to the Clerk’s Office in Pahrump. There would also be a jury trial during the second week and since the parking lot and the courthouse would be packed, Mrs. Merlino encouraged people to vote during the first week as well as on Nevada Day and Saturdays. Pam Webster advised that while it was unconfirmed by Nye Communities Coalition, the RAM event serviced just under 500 people. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Borasky

read an e-mail from Stacy Smith from Nye Communities Coalition regarding the RAM event. Preliminary numbers were they registered 462 patients and provided $149,172.00 in services, approximately 165 pairs of glasses, 75 dental services, 50 women’s health, and they also generated health diabetic checks and physicals. The numbers were still coming in on immunizations, flu shots and mammograms.

Commissioner Borasky

then discussed the Quad State, which consisted of four different states looking out for the interests on public land issues, dangerous species, etc. They were very good at what they did and sent out very detailed reports about meetings.

Commissioner Borasky

really appreciated the fact he was a member of it and got to sit down and talk with the different counties.

Commissioner Schinhofen

discussed the meeting for corrective action at the U.S. Ecology site. He noted the fund for care of sites for disposal of radioactive waste had $8.99 million in it before the State swept it leaving $1 million, which was enough money to do some of the corrective action. Commissioner Schinhofen asked staff to bring back a letter to the State Legislature to make that fund inviolate.

Commissioner Carbone

announced a special meeting would be scheduled for October 12, 2016, regarding the 230k line, what the County may or may not want to do to support Amargosa and their fire ambulance services, and business assessments for the brothels.

Commissioner Schinhofen

asked that the meeting start by 9:00 a.m. October 4 2016 AS THE NORTHERN NYE COUNTY HOSPITAL DISTRICT BOARD OF TRUSTEES

Commissioner Wichman

asked if there was anything Mr. Trilops could talk about and tell people about what was in the works.

Mr. Trilops

said there were things in the works, but nothing specific yet. However, they were looking at utilizing resources in innovative ways within the resources available.

Commissioner Wichman

made a motion to approve the MOU; seconded by

Commissioner Schinhofen

; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 10. For Possible Action General road report by Public Works Director Tim Carlo, Public Works Director, advised he attended a pre-construction meeting with NDOT regarding the roundabouts, which was an opportunity to express the County’s concerns with the truck detour routes as well as the School District’s concerns with October 4 2016 10. For Possible Action - General road report by Public Works Director school buses going through there. The main truck detour would be down Lola to Basin back down to Highway 160. Construction started this week with the north side scheduled from October to December and traffic flowing fairly freely east and west on Highway 372. The major conflicts would be January through March when they switched to the south side of the construction. They were talking about a 24-hour flagging operation during that time, but they had reduced the construction time down to six months from a year and were expected to be completed in April, 2017. Additionally, Mr. Carlo stated that on Thursday, October 6, 2016, from 4:00 p.m. to 6:00 p.m. at the Valley Electric conference center there would be a community workshop with information on all of this.

Commissioner Borasky

asked Mr. Carlo to keep the Commissioners posted every time there was a closure and to do it in detail so they could explain to people who called what their alternate routes were.

Mr. Carlo

said during the pre-construction meeting he expressed concern again for Comstock Park to be residential traffic only.

Commissioner Carbone

asked if the camera at the Amargosa station could be repositioned to get frontal shots instead of side shots.

Mr. Carlo

said they were working at installing another and/or upgrading it to a better system.

Commissioner Carbone

mentioned that the County probably needed to make it very clear that those sites were for residential and not commercial sites and look at any ordinances that may preclude any folks from being in the proper system.

Commissioner Cox

said an “End of Road” sign was needed at the dead end on Money Street and Kellogg as it was a dangerous situation.

Mr. Carlo

said the Manhattan road was tentatively expected to be paved on October 17, 2016, weather permitting.

Commissioner Cox

asked if there were any plans to do an overlay on Honeysuckle in front of the park.

Mr. Carlo

stated not yet and added the overlay plan for Honeysuckle would be from Dandelion back around to Calvada. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. October 4 2016 TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action Public Hearing, discussion and deliberation to: 1) - — Adopt, amend and adopt, or reject Nye County Bill No. 2016-08: A Bill proposing to amend Chapter 2.52, Public Administrator, of the Nve County Code to include provisions of Assembly Bill 293 passed during the 2015 Session of the Nevada Legislature; 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. Ginger Stumne, Public Administrator, expressed her concern with the payment for the audit being her expense.

Commissioner Carbone

believed it was part of the NRS and there was no choice, although he understood the concern.

Commissioner Carbone

closed the public hearing. Pam Webster suggested checking to see if it could be incorporated into the County audit to minimize the cost.

Commissioner Wichman

made a motion to adopt Bill No. 2016-08, recognizing the concerns of the Public Administrator, and set the effective date for October 24, 2016; seconded by Commissioner Schinhofen.

Commissioner Cox

pointed out “or other suitable person designated by the Board to perform those duties” had been crossed out in some portions of the bill, but it still appeared under Section 2.52.030.B., Payment for Expenses. She wondered if it should be eliminated there also.

Mrs. Webster

agreed it should be removed.

Commissioner Cox

asked why wards and guard ianships were being removed and if they were going under another department.

Mrs. Webster

explained the wards and guardianships were done by the Public Guardian. If a Public Guardian ward became deceased it was still completed by the Public Guardian, not handed over to the Public Administrator.

Commissioner Wichman

amended her motion to amend and adopt; Commissioner Schinhofen amended his second. In response to Commissioner Cox’s concerns with the ward portion, Tim Sutton explained that at one point the Public Administrator and Public Guardian Offices were consolidated and the ordinance reflected that. When they split the references were October 4 2016 9. 1 0:45 For Possible Action Public Hearing, discussion and deliberation to: 1) - — Adopt, amend and adopt, or reject Nye County Bill No. 201 6-08-Cont’d. never taken out, but were being removed now. Additionally, while the statute was silent, the County was not required to but may pass an ordinance to conduct an audit, which was before the Commissioners today. The statute said the County had to designate who was responsible for payment, but the Public Administrator was not by default the person responsible. The Board could still put that responsibility on the Public Administrator’s Office, but it was not mandated by the statute and the Board just needed to say who was responsible for it.

Commissioner Wichman

said her motion was to amend and adopt and asked Lorina Dellinger to look at that language to make it more open as to who would pay for it.

Mrs. Webster

noted the Public Administrator had the opportunity to come back and ask for those expenses anyway and the budget could be set that way without modifying the motion.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

commented this was not perfect, but he thought it had been gone over as much as it could be. He had been very clear on the record that he did not believe there should be employee unions in government, but he respected all the work they did.

Commissioner Wichman

; 5 yeas.

Commissioner Wichman

; 5 yeas.

Commissioner Wichman

; 5 yeas.

Commissioner Wichman

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

told Ms. Fuchsel she was given a copy of the resolution that said why the property was found to be a public nuisance which specifically stated certain things like concerns with a possible fire hazard as well as reports of lots of animal feces around the property that was dried up and blowing around. She asked Ms. Fuchsel if she was able to clear those up.

Ms. Fuchsel

said she was not sure what the fire hazard was.

Commissioner Wichman

said the Board was provided pictures and the property was inspected by Animal Control. She pointed out to Ms. Fuchsel that the Board provided an extra month for her to take care of this on her own. If the County had to take care of it all the cost of that would be a lien on the property.

Ms. Fuchsel

knew there were cars there and any odor from the cars was probably trash in a pick-up that did not start when she was going to dump it. The driveway had nothing on it and the other things had been moved to the yard and stacked neatly. She was not sure what was supposed to be a fire hazard.

Commissioner Wichman

was sure someone from the fire department could help her with that.

Ms. Fuchsel

advised there was a shed that had part of the back of it blown out in the back yard and she had moved panels out of that shed up to the storage garage. She took everything in the driveway to the back yard, which was mostly shingles and metal roofing. A lot of the wood that was in the driveway had also been removed and she still had more things she intended to haul away.

Ms. Fuchsel

then noted one thing the complainant said was there were cats living under the house as well as rats and snakes potentially. She said she did not find any such thing under the house, but she did find a water line had broken. Also, the source of the odor could be the sewer cap she could not get off. Her electricity was also off and food had spoiled in the refrigerator.

Commissioner Wichman

made a motion to have staff move forward in assisting Ms. Fuchsel in abating any of the nuisances found on the property including possibly getting the Conservation Camp out; seconded by Commissioner Schinhofen. October 4 2016 20. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at24 Cody Lane, Tonopah Cont’ d. Tim Sutton asked that the motion include that Pam Webster had the authority to direct whatever staff to assist in that.

Commissioner Wichman

amended her motion to state Pam Webster did have that authority; Commissioner Schinhofen amended his second.

Commissioner Wichman

advised Ms. Fuchsel that staff would help her, but everything spent to clear that property would become a lien on the property.

Ms. Fuchsel

asked who decided what was sufficient.

Commissioner Wichman

said staff would make that decision when they came out. In response to Ms. Fuschel stating she had friends coming to help her, Commissioner Wichman told her the sooner the better as it would reduce the lien on the property.

Commissioner Wichman

explained she campaigned pretty hard with NACO to get a public lands and natural resources member on NACO staff prior to losing Levi Kryder, but at the same time there was a major membership change with a large contributor pulling out. It had become very obvious that the natural resources representative was definitely needed, but budget problems were affecting everybody so a way was needed to recoup some of that lost membership fee in order to keep on that natural resources individual.

Commissioner Schinhofen

made a motion to adopt the proposed amendment to the Nevada Association of Counties bylaws; seconded by Commissioner Borasky. Pam Webster clarified the public lands dues component was in addition to the normal annual dues for NACO. Dwight Lilly questioned the need to belong to this organization. He said the County has had substantial problems for years and this seemed to be a waste of money that he did not see a benefit from. October 4 2016 21. For Possible Action Discussion and deliberation regarding the proposed amendment to the Nevada Association of Counties’ (NACO) bylaws.-Cont’d.

Commissioner Cox

suggested Mr. Lilly attend the next NACO meeting in Pahrump to see how it operated as he may feel better about it.

Commissioner Schinhofen

made a motion to appoint Joy D. Marshall; seconded by

Commissioner Wichman

; 5 yeas. DISTRICT ATTORNEY

Commissioner Schinhofen

asked if this was the kind of thing that was normally turned over. Tim Sutton explained the District Attorney found that a potential conflict of interest could exist and per their ethical code they always had to refer out cases where there was a conflict of interest or even a perceived conflict of interest. This case was one where she had made that determination. The District Attorney’s Office was requesting assistance from the Board to refer it to the Attorney General for review and if the Attorney General deemed it necessary to go further with this case they would be free to do so.

Commissioner Carbone

asked about the cost to the County.

Mr. Sutton

advised the Attorney General typically did not charge the County for these, but when they did the charges were relatively minor. Kenny Bent said he was not clear if there had actually been an investigation and a criminal complaint filed by the Sheriffs Office on this.

Mr. Sutton

advised the Sheriff did not file complaints, the District Attorney’s Office did. However, in this case because of the conflict of interest or perceived conflict of interest the District Attorney’s Office was trying to push it off to the Attorney General to make October 4 2016 23. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject a Nye County Resolution requesting assistance from the Attorney General pursuant to NRS 228.1 30 to review Nye County Sheriff Deputy Report I6NY-1681 and if determined appropriate to handle the prosecution of the State of Nevada v. Kirk Vitto.-Cont’d. that determination. He confirmed there was an investigation and a Sheriffs Office report filed.

Commissioner Cox

asked if the person was found guilty if the County could pursue collecting the funds put forward to prosecute this and be reimbursed.

Mr. Sutton

said all criminal charges had administrative fines, fees and penalties assigned to the defendants when found guilty. He did not know if the fees and fines assigned to these particular charges would cover the County, but it was a possibility.

Commissioner Schinhofen

made a motion to adopt Nye County Resolution 2016-79; seconded by Commissioner Wich man; 5 yeas. TREASURER

Commissioner Schinhofen

felt overall this was a good policy and good stewardship of property.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Borasky. Kenny Bent said he had grave concerns with this. This item started with public posting of notices on the courthouse bulletin board and as written it was an attempt to trash the principles of free speech and hijack the current election process. He felt the proposal established a clear disadvantage to grassroots challengers running against established incumbents and that applications, permits and deposits would only further alienate the public from the political process. Mr. Bent encouraged the Board to vote down this proposal and seriously reprimand the crafters of the language.

Commissioner Schinhofen

noted the $250.00 fee was for use of the County property. October 4 2016 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Nye County Property Use Policy-Cont’d. Dwight Lilly stated the problem he saw was a Commissioner who had no problem puffing his First Amendment tights to use, but when he was called on it with an article placed on the County bulletin board it was not okay. Now months had been spent puffing together a policy that would limit the First Amendment rights of the citizens of Nye County because a Commissioner’s nose got bent out of shape. Mr. Lilly said more access to County space for the public’s First Amendment right was needed, not less. He urged the Board to vote against it and get back to observing the rights of the people in equality with the rights of Commissioner Schinhofen. Don Cox felt this would hurt people trying to get into office. He said that was County property and belonged to everyone. He did not agree with the $250.00 as to him it was a fine. Mr. Cox stated this was an attempt to take away the rights of the people and thought there was a State law that prevented the Commissioners from doing this.

Commissioner Schinhofen

explained the $250.00 fee was if someone wanted to use the property like the park. It was not to put up a booth for campaigning. This still allowed booths for campaigning to be put up and designated an area for that. He added that he had checked with other places in Pahrump that had bulletin boards who took them down because of the troubles. He asked the District Attorney if this infringed on anyone’s First Amendment right to freedom of expression. Tim Sutton stated it did as it limited First Amendment rights where they had existed. The real question was if it was a permissible infringement on that. Some of the issues raised were that in the parking lot there was an excess of traffic and normal government could not function during an election season. Also, people were being harassed on their way into the courthouse and there was litter and trash. Mr. Sutton advised all those were reasonable grounds for restriction on First Amendment rights. However, due to concerns that were raised yesterday there were things that needed to be addressed if the Board did move forward so this could not pass in its current state. He suggested bringing it forward at the special meeting.

Commissioner Schinhofen

confirmed with Mr. Sutton that these were reasonable restrictions and were done in lots of places. He asked if the way it was written would still allow people to campaign on County property.

Mr. Sutton

said that was one of the concerns. He looked at the GIS yesterday and 500 feet would put people outside the County property, so that needed to be addressed. Also, their discussions had mostly focused on the courthouse facility on Basin and this pertained to all property County-wide which also needed to be addressed.

Commissioner Wichman

commented how hard it was to balance these things between the very strong opinions of a few and what was best for the entire County. October 4 2016 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Nye County Property Use Policy.-Cont’d.

Commissioner Carbone

stated his concern with campaigning outside the polling place. He believed there was enough space within the County property to have people set up wherever they wanted in a very specific area and be told that was the area they could be in. Commissioner Carbone suggested adding use of the dog leg area and having them specifically fenced for just campaigning. He would also like the County vehicle s moved out of the area when there was campaigning or trials.

Commissioner Schinhofen

understood the 500 feet added after he had his meeting put them outside the property and that was never his intent. His intent was to get them out of the middle of the parking lot and closer to the doors. He was thinking of designating the areas right outside the front doors all the way back to the area by the rocks for booths. That would keep them out of the middle of the parking area and allow people to just go in and vote and not be accosted.

Commissioner Schinhofen

amended his motion to designate the parking spots straigh t out from the front doors that abut the gravel.

Mrs. Merlino

thought it was a wonderful idea because she got the complaints on everything and hoped the Board went forward with something for campaigners. Pam Webster asked that the motion include the booths be set up and taken down daily subject to first come/first served locations within the designated area.

Commissioner Schinhofen

amended his motion for that; Commissioner Borasky amended his second.

Commissioner Borasky

advised he had also had complaints. He did not want to take anyone’s constitutional rights away, but he wanted something for the senior citizens’ rights to vote because they were scared to go there because of people approaching them or putting things in their faces.

Commissioner Cox

thought this was going to be for the interior of the County court complex only and did not realize it was going to be expanded to the outside. She felt it had become restrictions on people’s freedom of speech instead of guidelines She did not mind a bulletin board just for the County, but she would like to see a public bulleti n board on the outside of the building. Commissioner Cox was upset with the 500 feet and did not think there should be a charge as the property belonged to the public. October 4 2016 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Nye County Property Use Policy.-Cont’d.

Mrs. Webster

explained the charge was nothing more than a deposit that would be refunded. She asked Commissioner Cox if she believed staff should clean it up if someone in the public used it and did not use it respectfully.

Commissioner Cox

stated she had not seen those kinds of incidents happen. She had never gotten a complaint and thought things had been going along just fine the way they were. She thought this was unconstitutional on its face and could not support it.

Mrs. Merlino

said she did not have any issues at the regular polling places and did not get any complaints about campaigning at any of her polling places. This was only during early voting and while she wished she could change something to move it out of there she did not have the staff or a facility.

Commissioner Wichman

asked if there was any problem with bringing back the amendments on the special meeting.

Mr. Sutton

said no, but this whole discussion had focused on the courthouse and there were some provisions that said outside the polling place. He wanted to make sure he encapsulated everything discussed.

Commissioner Carbone

asked if it would be okay to no longer work this item and move forward to the next item without a vote.

Mr. Sutton

advised a vote would be needed to move it to the next meeting. However, there was a motion and a second with a call for the question, so the motion could be rescinded and the Board could immediately reconsider the item.

Commissioner Carbone

voted for it with the expected changes that he needed to get from the other portions that had not been completed, not just what was discussed here. He had some questions on the property outside the polling places. October 4 2016

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wich man.

Commissioner Carbone

mentioned a comment made about the person not having a license in the State of Nevada and wondered if that was an issue. Pam Webster stated it had not been raised by the trustee’s office that this person had to have a license to distribute these medical records. She pointed out the individual had experience handling medical records.

Commissioner Cox

asked if the patients would be notified of the destruction of records from PrimeCare.

Mrs. Webster

explained the scope of the contract was to inventory all of the records first, then notify the patients that their records were available and make whatever arrangements necessary to get those records to the patients. The patients had a year to claim them. This was anticipated to be a 15-17 month project fully funded by the State and anything not claimed at the end of that time would be destroyed.

Commissioner Schinhofen

made a motion to accept the fee schedule and execute the contract; seconded by Commissioner Wichman.

Commissioner Borasky

hoped someday to find someone who lived in Nye County to pay to do this work instead of farming it out to Las Vegas or other communities.

Commissioner Schinhofen

pointed out this said effective immediately and asked if there was no buy back time. Danelle Shamrell, Human Resources Manager, advised the District Attorney anticipated this being filled via a promotion within the department and realizing the savings when they waited to backfill that vacancy.

Commissioner Schinhofen

made a motion to approve filling if it was a promotion and if it was not they must wait the 90 days; seconded by Commissioner Wichman; 5 yeas.

Commissioner Carbone

made a motion to approve without the 90 days; seconded by

Commissioner Wichman

asked about the savings in this. Danelle Sham rell explained they were in a paid status all the way until the end.

Clerk II

Position #06001-003 in the Pahrump Administration Office effective December11, 2016 due to an employee being promoted to the vacant Administrative Secretary September 12, 2016.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. October 4 2016 PUBLIC PETITIONER

Commissioner Schinhofen

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

Commissioner Schinhofen

said he was very saddened that Arnold Palmer passed away.

Commissioner Wichman

said on October 22, 2016, at the Mizpah Hotel the Peavine Pickers would perform with Dan Schinhofen.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2016. Q_Q. Nye c!oun Clerk I Deputy