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Public meetings / Board of County Commissioners

December 20, 2016

151 turns, 151 with a named speaker, under 26 agenda items. The words and the names are the county clerk's.

3. GENERAL PUBLIC COMMENT (Three-minute time limit per

Commissioner Wichman

asked Mr. Adams if he was requ esting the Board apply for the grants.

Mr. Adams

explained the big block was the need to deter mine a specific site. The grant was submitted last time as somewhere within the 427- acre fairgrounds, but they wanted the corners staked out on a specific site.

Commissioner Wichman

asked if his park and recreation group was doing that.

Mr. Adams

said no, but he was asking to get the wheels turning. The reason it came back to him was they wanted to lay out the entire fairg rounds before they laid out any portion if it, which made sense, but they had been work ing on this since last June and he had not seen the minute hand on the clock move even a notch.

Commissioner Wichman

said she received Mr. Adam’s e-mail, but he did not specify that his group would apply for that grant.

Mr. Adams

said he had mentioned it, possibly with the south Homestead trailhead. There were a lot of grant possibilities available through the State which Mr. Adams felt were not being taken advantage of.

4. For Possible Action Discussion and deliberati

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. December 20, 2016 SITTING AS THE BOARD OF CO UNTY COMMISSIONERS

5. Announcements (first)

Commissioner Borasky

made a motion to reconsider item 18; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Borasky

said in the thir d paragraph on page 11 Commission made a motion to approve which was er Wichman also seconded by Commissioner Wic hman.

Commissioner Schinhofen

made a mo tion to accept the minutes with cor seconded by Commissioner Borasky; rections; 5 yeas.

7. Commissioners’lManager’s Co

Commissioner Schinhofen

said all adv isory boards for the Town of Pahrum forward except the arena advisory boa p had come rd. He would like Pam Webster boards to see how they felt about bi-m to contact those onthly or quarterly meetings as som he sat in on just rehashed the same thin e of the ones gs every month.

Commissioner Borasky

said he was notified the other day of a hazard 038-281-02. There was a big metal on Parcel No. building there that was being constan into. He asked the code enforcement tly broken officer to contact the property own sure they secured it. If not, then Com er and make missioner Botasky would ask the someone do it and send them a bill. County to have

Commissioner Borasky

told Pam Webste r she had done a wonderful job Manager. He knew she planned on leav as County ing in a year and hoped she brough forward as Assistant County Manager t someone to prepare them so when the time was someone to utilize as County Ma cam e there nager or until the County could get Manager. a new County December20, 2016 7. Commissioners’!Manager’s Comments (This item limit ed to announcements or topicslissues proposed for future workshopslagendas )-Cont’d.

Commissioner Borasky

advised there was an open date in March and the District Attorney confirmed she would come with him to do the Don uts with the DA in Tonopah at the community center or the library. There was another open date in May and

Commissioner Borasky

said they may want to go to Beaf fy or Amargosa. He would put something out to the press at the end of this week.

Commissioner Carbone

said there was a lot of chatter abou t the County not doing a lot of things for the town. He thought that maybe in a future meet ing the things the town had been getting from the fruits of the Board could be show n. Pam Webster said a special meeting needed to be schedule d to have the presentation of the audit report for FY2016. She would confirm it today, but schedule it for December 28, 2016. she wou ld like to TIMED ITEMS

8. 10:00 Presentation of certificates andlor plagues for

Commissioner Borasky

and Tom Waters presented Commiss ioner Carbone with the Butch Harper Act of Kindness Award. Pam Webster presented Commissioner Carbone with a plaque of appreciation on behalf of the Board of County Commissioners, herself, and staff.

10. 10:30 For Possible Action Presentation by Nevada

Mr. Gephart

gave a brief description of each of those, their degr ee of invasiveness, and December 20, 2016 10. 10:30 For Possible Action Presentation by Nevada Depart ment of Agriculture regarding state weed laws and county collaboration; and approv al of a Noxious Weeds Cost Share Abatement Program.-Cont’d. the means to eradicate each one either by mechanical means, herbicide, or host specific biocontrol (insects). Mr. Gephart stated invasive plants had cost more than $138 billion each year and caused a decline in native plant species, wildlife habitat , ag yields, property values, and water.

Mr. Gephart

advised that per NRS 555.170, the County had the authority to contro l weeds on private property upon notification from the State. In 2004/2005 the State implemented an abatement fund to assist counties with private property abatem ents. The County would be reimbursed upwards of 80% of the cost to perform the abatement, but an MOU needed to be signed by the County recognizing that there had to be an avenue for the State agents to receive reimbursement in the form of a lien.

Mr. Gephart

submitted a copy of the MQU for the Board’s review and approval and said he would like to collaborate with the counties to see if there was a way to address noxiou s weeds on private property.

Commissioner Wichman

said she was the chair of the Tonopah Conservation District, which extended to Beatty, and she was also the chair of the Cooperative Weed Management Association in the same area as well as a member of the Tn-Co unty Weed Control Group. It had been her observation in eight years that even though the State put these laws in place, there was mote than one way to do it. The attitud e adopted in northern Nye County was that they were performing a service for their neighbors. If there were neighbors who had an issue with weeds they could find grants, match the grants, and through the agreements with the Tn-County Weed Contro l Board could even do the treatments. Unfortunately Nye County was 98% federally managed land, so it was Commissioner Wichman’s belief that the way this needed to work was not necessarily an MOU with the State to pay the County 80% but more through helpin g your neighbors. She did not know what they had in place in Pahrump for a cooper ative weed management group, but south of Tonopah there was a conservation distric t headed up out of Beatty that Commissioner Wichman assumed was for southern Nye.

Mr. Gephart

agreed with Commissioner Wichman and said his goal today was to introduce himself and request collaboration the best way the County could. Ammie Nelson said she had contacted the Tn-County Weed Control about three years ago regarding getting rid of salt cedars on her property. She spent thousands because there was no program in Pahrump to do those kinds of weed controls. Robert Adams said there was a southern Nye County conservation district. He would reach out to Nicole Spicer and John Pawlak to get a meeting together with Mr. Gephart and get something back to the Board in the next year. December20, 2016 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

14. For Possible Action Discussion and deliberation to appo

Commissioner Schinhofen

made a motion to reappoint John Pawlak, appoint Bill Stremmel, and then reappoint Mike Smith to two year terms expirin g in 2019; seconded by Commissioner Borasky; 5 yeas.

15. For Possible Action Discussion and deliberation

Commissioner Schinhofen

made a motion to approve as state d by the County Manager; seconded by Commissioner Carbone; 5 yeas.

16. For Possible Action Discussion and deliberation to appr

Commissioner Borasky

said this was his agenda item. He had been working with Jose Telles and others at the cemetery on this. They gave a sheet to the County Manager which included 100 ton of red rock at $37.00 a ton not to exceed $4,000.00.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Sch inhofen.

Mr. Telles

thanked everyone very much.

Commissioner Schinhofen

was not present. December20, 2016

17. For Possible Action Discus

Commissioner Carbone

made a mo tion to approve the alternate site County Manager was to file the applica and that the tion; seconded by Commissioner Cox; 4 yeas. SITTING AS THE NYE COUNTY BO ARD OF HIGHWAY COMMISSION ERS

Commissioner Carbone

assumed the Chair of the Board of Highway Com missioners. 11. For Possible Action General road report by Public Works Directo r Tim Carlo, Public Works Director, said he had nothing to add to the report, provided an update on the NDOT roa but he d report for Highway 160. The grin bumps was finished. They would com ding for the e in and put a seal coat on those, stripe it, and come back in the spring. then temporary The road would be open within the weeks and the final wear course of pav next couple of ement would be done in April. Mr. have any updates for Highway 372, Carlo did not but he did put up some additional spe He had also taken care of the radius ed limit signs. on Lola and Basin for the truck deto last meeting. ur since the

Commissioner Borasky

noticed the floo ding on Gamebird Road east of Hom then down Homestead and asked if ther estead and e was a water main break.

Mr. Carlo

advised the utility company down at Malibou and Dandelion got approvals to re-drill the well that had their been there since the 1950s and wer testing on it. He was called out whe e doing their n it started overtopping the road and shut down. Mr. Carlo was working wit got them to h him to modify their schedule for they could get that well up and runnin pump testing so g.

Commissioner Borasky

asked if Mr. Carlo had a tentative date to start Road, to which Mr. Carlo responded Homestead no.

Commissioner Wichman

asked about the SF299s on Wall, Fisher and Bec k Roads. December20, 2016 If. For Possible Action — General road report by Public Works Director-Cont’d.

Mr. Carlo

said they were submitted.

Commissioner Cox

asked if Mr. Carlo had a chance to look at the corners of Commercial and Highway 160 and Industrial and Highway 160.

Mr. Carlo

stated he had looked at them, but he had not come up with a solution yet.

Commissioner Cox

asked if there were any plans to put some kind of a paved shoulder down Gamebird from Highway 160 to Homestead or expanding the road in the future because it seemed very narrow for as fast as people go.

Mr. Carlo

said not at this point, but it was on the CIP for an overall build-out. When and if it got built out to its full CIP potential there would be a shoulder there with an added lane.

Commissioner Cox

asked why all the white sticks were put up on the other side.

Mr. Carlo

stated because the slope into the drainage channel was greater than 4 to 1 so it had to be delineated with object markers. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

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

28. For Possible Action Discussion and deliberation regarding

Commissioner Carbone

said it appeared the town board wanted to maintain the process the way it was with the equipment being under the County’s name and also keeping the POOL/PACT the way it was today. Mike Coffingim, Administrator of the Town of Amargosa, confirmed the town wanted to continue the relationship in existence. Pam Webster noted there were still issues in terms of ownership of the equipment and insuring the equipment, which she was still pursuing with POOL /PACT. It was her understanding the town wanted to own the equipment but have the County insure it.

Commissioner Carbone

said no. They wanted it to stay the way it was today. December 20, 2016 28. For Possible Action Discussion and deliberation rega rding a plan of operation for emergency services provided to the citiz ens of Amargosa Valley, provided by the Amargosa Valley Town Board, as direc ted by the Board of County Commissioners at its October 12, 2016 meeting.- Cont’d.

Mr. Cottingim

agreed and added the agenda item to pursue the town going its own way and looking at a cost analysis did not pass. Vance Payne, EMS Director, said he still had major concerns about liability for the County Commissioners and the Amargosa Town Board.

Commissioner Carbone

understood the issues with the certifications and thought there would be some changes made come next session, but the Board needed to decide to either keep it the way it was or make changes.

Mrs. Webster

said she was not recommending rescinding supp ort. There were significant issues to hurdle, but the staff recommendation from she and Mr. Payne was to continue to support the area and work with them in all ways poss ible.

Commissioner Wichman

said she did not see the need for any action to be taken on this particular item.

Commissioner Carbone

said he just wanted to make the Board aware. There was no action taken on this item. PUBLIC ADMINISTRATOR

43. Quarterly report from the Public Administrator

Commissioner Borasky

asked when the cases that had been open since 2010/2011 would be completed. Ginger Stumne, Public Administrator, advised a lot of them were under another administrator and the judge had not entered an order changing anyone’s name. She was working on the current ones that were pressing. The Board was in recess until 1:30 p.m.

Commissioner Cox

was not present. December 20, 2016 COUNTY MANAGER

46. For Possible Action Discussion and deli

Commissioner Schinhofen

made a motion to appr ove; seconded by Commissioner Borasky.

Commissioner Wichman

asked who it was. Com missioner Carbone told her it was Mark Schwinkendorf.

Commissioner Wichman

made a motion to appr ove; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Schinhofen

made a motion to reco nsider item 18; seconded by

Commissioner Wichman

; 5 yeas. Pam Webster pointed out the need to make sure it qualified.

Commissioner Schinhofen

made a motion to appr ove item 18, the purchase of a vehicle, provided it qualified under the new sale s tax; seconded by Commissioner Wichman; 5 yeas. AS THE NORTHERN NYE COUNTY HOSPITAL DISTRICT BOARD OF TRUSTEES 19. For Possible Action Discussion and deli beration to approve, amend and approve, or reject the Northern Nye County Hosp ital District By-Laws.

Commissioner Wichman

stated they wanted to get a number of these things in place so the new incoming trustees could pay attention to busi ness. Currently there was a temporary address on there and one of their first orders of business was to establish what address they would use. She said the by-la ws had been reviewed legally. December 20, 2016 19. For Possible Action Discussion and deliberation to approve, amend approve, or reject the Northern Nye and County Hospital District By-Laws.-C ont’d.

Commissioner Wichman

made a motion to approve; seconded by Commission Schinhofen; 5 yeas. er SITTING AS THE BOARD OF COUNTY CO MMISSIONERS CONSENT AGENDA ITEMS These — are items that Staff recommends The Board reserves the right to mo for approval. ve any consent agenda item to the segment of the agenda should iss regular ues arise that need to be addressed Discussion of any item from the Co . nsent Agenda Items that needs rev a decision is made. iew before 20. For Possible Action — Approval of Elected Official Collect ion Report

Commissioner Schinhofen

made a mo tion to approve items 20-22; seconded

Commissioner Wichman

; 5 yeas. by 21. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a mo tion to approve items 20-22; second

Commissioner Wichman

; 5 yeas. ed by 22. For Possible Action Approval to set the date and location of the sec meeting of the Board of Commission ond ers for Tuesday, March 21, 2017 Nevada. in Pahrump,

Commissioner Schinhofen

made a mo tion to approve items 20-22; seconded

Commissioner Wichman

; 5 yeas. by 26. For Possible Action Discussion and deliberation to enter into a con Akerman LLP for all federal representat tract with ional lobbying activities.

Commissioner Wichman

made a motion to approve; seconded by Commission Schinhofen. er

Commissioner Schinhofen

advised he asked for this to be on here. He explain was a group that had worked for the Cou ed this nty in the past continually, but their faded in July. Akerman gave monthly rep contract orts, knew the players, and knew how things moving. to keep

Commissioner Wichman

said she could not imagine going to D.C. without them even when they did not have a contract , and they were helpful. December20, 2016 26. For Possible Action Discussion and deliberati on to enter into a contract with Akerman LLP for all federal representational lobb ying activities.-Cont’d. Pam Webster pointed out the nominal fee and that it was staffs recommendation to approve it with funds coming from contingency this year . The motion to approve passed with 5 yeas. 27. For Possible Action Discussion and deliberati on to request Cooperating Agency status with the Fallon NAS expansion and the NeVis AFB Expansion.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. CLERK 29. For Possible Action Discussion and deliberati on to appoint seven (7) members to the Central Nevada Museum Board due to seven (7) expiring terms.

Commissioner Wichman

made a motion to continue the services provided by Susan Dudley, Harris Brokke, Allen Metscher, Susan Rigb y, Jim Rigby, Cindy Kaminski and Phyllis Sorhouet; seconded by Commissioner Schinhof en; 5 yeas. 30. For Possible Action Discussion and deliberati on to appoint two (2) members to the Belmont Town Advisory Board due to two (2) expiring terms.

Commissioner Wichman

made a motion to reappoin t Diana Hamblin-Jeppsen and Dana Holbrook; seconded by Commissioner Schinhofen; 5 yeas. 31. For Possible Action Discussion and deliberati on to appoint two (2) members to the Park and Recreation Advisory Board due to two (2) expiring terms.

Commissioner Schinhofen

made a motion to appr ove David Harris and advertise again; seconded by Commissioner Wichman; 5 yeas. 32. For Possible Action Discussion and deliberati on to appoint three (3) members to the Nye County Raw Milk Commission due to three (3) expiring terms.

Commissioner Carbone

said Barbara Biermeyer and Melissa Plant were prior members. There was also another person, Dr. And racki, who want ed to be on the board who had not yet filed his application, but he was a prior applicant .

Commissioner Schinhofen

made a motion to approve the three names as stated.

Commissioner Borasky

did not think someone could be named who had not applied. December20, 2016 32 For Possible Action Discussion and deliberation to appoin three t (3) members to the Nye County Raw Milk Commission due to three (3) expiring terms.-Cont’d. Tim Sutton advised if he had already applied and his application was on file from the past it would not be a problem.

Commissioner Schinhofen

restated his motion to approve Dr. Andrac ki, Barbara Biermeyer and Melissa Plant; seconded by Commissioner Wichman. Pam Webster pointed out only one application was seen. Due to confusion with the applications, Commissioner Schinhofen withdr ew his motion,

Commissioner Wichman

withdrew her second, and staff was directed to bring the item back in two weeks. Per Mr. Sutton, Dr. Andracki was to submit his applica tion by that time also.

Commissioner Wichman

made a motion to appoint Patricia Booth, Anne Davids on and Pam Hall; seconded by Commissioner Schinhofen; 5 yeas. 34. For Possible Action Discussion and deliberation to appoint five (5) members to the Round Mountain Town Board due to five (5) expiring terms.

Commissioner Wichman

noted all of the terms expired at the same time. She asked Tim Sutton if she could make a motion to appoint two of them to two-year terms to get it back on a staggered schedule. Sam Merlino answered no. She explained that since this was an elected positio n, per statute the Board could only appoint until the next general election so they could not appoint for four years. She said this was a problem with the Round Mount ain Town Board every election so for the next election her office would advertise for three four year terms and two two-year terms.

Commissioner Wichman

made a motion to appoint James Swigart, Roger Morones, Liandra Dutton, Wesley Hubred and Elizabeth Davila; seconded by Comm issioner Schinhofen; 5 yeas. December 20, 2016 35. For Possible Action Discussion and deliberation to appoint three (3) members to the Railroad Valley Advisory Board due to (3) three expiring terms.

Commissioner Wichman

made a motion to appoint Patricia Knight and Judith Grover; seconded by Commissioner Schinhofen; 5 yeas. 36. For Possible Action Discussion and deliberation to appoint three (3) members to the Beatty Library District due to three (3) expiring terms.

Commissioner Wichman

made a motion to appoint Steve Barr, Shirley Harlan , and Jeanie Cross; seconded by Commissioner Schinhofen; 5 yeas. 37. For Possible Action Discussion and deliberation to appoint two (2) memb ers to the Gabbs Town Advisory Board due to two (2) expiring terms.

Commissioner Wichman

made a motion based on the town’s unofficial electio n process to appoint Ken House and Melissa Stark; seconded by Commissioner Schinhofen; 5 yeas. 38. For Possible Action Discussion and deliberation to appoint one (1) membe r to the Regional Transportation Commission due to one (1) expiring term.

Commissioner Schinhofen

said there was only one application and while he wanted someone from the central north portion of the County, by statute it had to be from the largest portion.

Commissioner Schinhofen

made a motion to approve Leo Blundo; seconded by

Commissioner Borasky

; 5 yeas. 39. For Possible Action Discussion and deliberation to appoint one (1) member to the Pahrump Regional Planning position on the Capital Improvements Advisory Board due to one (1) expired term.

Commissioner Borasky

said he would like to do something a little different. He explained that John Koenig was the liaison, but he stepped down to run for office. Leah-Ann DeAnda was on that board, but when she was appointed to the RPC she had to give up the other position. Commissioner Borasky thought she was more qualifi ed than the member the Planning Commission decided to go with, It was his recommendation to appoint her as she had experience with the CIP and now she could be the liaison in a couple of positions.

Commissioner Borasky

made a motion to approve Leah-Ann DeAnda; seconded by

Commissioner Schinhofen

. December20, 2016 39. For Possible Action Discussion and deliberation to appo int one (1) member to the Pahrump Regional Planning position on the Capita l Improvements Advisory Board due to one (1) expired term.-Cont’d. Tim Sutton advised that would be fine, but the one thing he did not consider was if Ms. DeAnda wanted to serve in that capacity. If there was no applica tion then there was no expression by the individual that they wanted to be on the board.

Commissioner Borasky

pointed out that in the RPC there was no applica tion.

Mr. Sutton

noted that in the absence of an application she would have expressed her desire.

Commissioner Borasky

withdrew his motion; Commissioner Schinhofen withdrew his second.

Commissioner Borasky

said he would contact Ms. DeAnda to see if she was interested. This item was reopened later in the meeting. [See page 16.] 40. For Possible Action Discussion and deliberation to appoint one (1) member to the Northern Nye County Hospital District due to one (1) term not being filled in the 2016 Election.

Commissioner Wichman

made a motion to appoint Justin Zimmerman; seconded by

Commissioner Schinhofen

; 5 yeas. 41. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-85: a Resolution chan ging the hours during which the Clerk’s office will be kept open. Sam Merlino said she could discuss all the staffing problems she was having , but it would take a while. This was a temporary measure since they were so far behind they could not get caught up with the paperwork, even with her chief deputy working through lunch. Someone talked about putting in a time limit and Mrs. Merlino’s thought was it should be revisited in 60 days. She did not want to put a sunset clause in the resolution, but if things changed they would go back to staying open until 5:00 p.m.

Commissioner Wichman

made a motion to adopt and the Clerk could bring it back when she was ready.

Commissioner Carbone

wondered how Mrs. Merlino knew 60 days would be enough to come back and review it.

Commissioner Wichman

withdrew her motion. December 20, 2016 41. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-85: a Resolution changing the hours during which the Clerk’s office will be kept open.-Cont’d.

Commissioner Schinhofen

made a motion to approve until the end of June unless the Clerk could staff before then and come back and change it; seconded by Commissioner Wichman; 5 yeas. 39. For Possible Action Discussion and deliberation to appoint one (1) member to the Pahrump Regional Planning position on the Capital Improvements Advisory Board due to one (1) expired term.-Reopened.-C ont’d.

Commissioner Borasky

had talked to Leah-Ann DeAnda who said she would graciously accept.

Commissioner Borasky

made a motion to appoint Leah-Ann DeAnda to that position as the liaison to the Capital Improvements Committee; seconded by Comm issioner Catbone.

Commissioner Schinhofen

said while he was loath to go against that board’ s decision, he understood Commissioner Borasky’s arguments.

Commissioner Borasky

explained Ms. DeAnda was not available at the time they made that decision because she had just been appointed to the RPC; otherwise she would have been more than willing.

Commissioner Schinhofen

explained this was an annual thing to budget the State Engineer.

Commissioner Schinhofen

made a motion to approve; seconded by Comm issioner Wichman; 5 yeas. December20, 2016

48. For Possible Action Discussion and deliberation to adopt,

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Schinhofen.

Commissioner Carbone

commented this was a good thing for everyo ne because it helped the County and the people looking for the data.

49. For Possible Action Discussion and deliberation regarding scop

Commissioner Wichman

added that the Beafty Town Board comments were incorporated into the comments the County made as well.

51. For Possible Action Discussion and deliberation to accept

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Carbone; 5 yeas. HIR AND RISK MANAGEMENT

52. For Possible Action Discussion and deliberation to fill a vacant

Commissioner Wichman

asked if applications were being received from northe rn Nye County. Danelle Shamrell, Human Resources Manager, advised they were trying to get some and had advertised in Fallon and Hawthorne.

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Schinhofen; 5 yeas.

Ms. Shamrell

asked if the Board waived the 90 days.

Commissioner Wichman

made a motion to reconsider item 52; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Wichman

made a motion to fill the position as soon as possib le waiving the 90 days; seconded by Commissioner Schinhofen; 5 yeas.

53. For Possible Action Discussion and deliberation to fill a vacant

Commissioner Carbone

made a motion to approve; seconded by Comm issioner Borasky; 5 yeas. December 20, 2016

54. For Possible Action Discussion and deliberation to

Commissioner Schinhofen

made a motion to approve filling immediately and the department would absorb the 90 days; seconded by Commiss ioner Borasky.

Commissioner Borasky

asked if someone was bumping the spot .

Mrs. Shamrell

explained someone in this position was prom oted to another position and this was the vacancy that was generated as a result of that promotion. The motion to approve filling immediately and the departme nt would absorb the 90 days passed with 5 yeas.

55. For Possible Action Discussion and deliberation to fill

Ms. Bello

explained when she had her legal secretary II open she promoted from within, so that was counted as two vacancies.

Mrs. Shamrell

pointed out Ms. Bello was able to fill that position tight away and the result of the 90 days was realized when the filling of the exec utive legal secretary I was approved.

Ms. Bello

said she was just asking if she served two 90 days for each position, to which

Ms. Bello

stated her staff had been down for quite some time now and the staff had been behind. Typically if an office administrator up front was gone the rest of the legal secretaries helped fill in, but they were so far behind they could not really assist. She explained this position pulled all the files for court every mornin g, scanned all documents, and got all of the Sheriff’s reports so it was difficu lt to do with one person.

Commissioner Carbone

made a motion to approve with the waiver of the 90 days; seconded by Commissioner Borasky. December 20, 2016 55. For Possible Action Discussion and deliberation to fill a vacant Office Assistant Position 01001-002 in the District Attorney’s Office due to an being transferred to a position in the Sheriffs Office effective Decem employee ber 16, 2016.-Cont’d.

Commissioner Schinhofen

asked if a savings was realized in other positio ns in this department.

56. For Possible Action Discussion and deliberation to ratify

Commissioner Wichman

said this was simply asking them to extend the period of time and the County had already been commenting.

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Schinhofen; 5 yeas. PUBLIC PETITIONER

57. For Possible Action Discussion and deliberation conc

Commissioner Schinhofen

said he was familiar with the area and though t it might be good for right-of-way or flood control.

Commissioner Schinhofen

made a motion to approve.

Commissioner Carbone

noted this property had been on the auction block more than once and wondered if there was a benefit for the County to take it. Lorina Dellinger advised there was none.

Commissioner Schinhofen

withdrew his motion.

58. For Possible Action Discussion and deliberation regarding transfe

Commissioner Wichman

made a motion to support; seconded by Commissioner Schinhofen. Tim Carlo advised the application was still in the process for the 20 acre piece as fat as he knew. The County would have to approve having them take it over from that process.

Commissioner Wichman

pointed out that had nothing to do with the whole 40 acres. Mike Cottingim said they wanted the 40 acres so they could develop the other 20. Pam Webster asked if the well was being transferred too.

Commissioner Wichman

said she did not want to include the well in this. If they wanted a lease on that property from BLM the BLM did not have anything to do with the well. The well was also not part of the request. She pointed out the Manhattan and Gabbs utility systems would go through a new rate study, which begged the question on the other twelve systems in Nye County of why all the taxpayers were paying for the costs of maintaining those systems when the communities should be paying for them. If Nye County hung onto that well and provided Amargosa with a water operator, then the people using that well needed to pay a regular rate on water usage.

Mr. Cottingim

pointed out that since he had been with the town the town had paid all the maintenance and testing fees for the community center and cemetery. He said they would pay Mr. Tuck if they had to. John Bosta took exception to the County claiming the well as its own when it was paid for by the bond issued by the Town of Ama rgosa Valley.

Commissioner Wichman

said she only brought it up because the question was asked, but even if the town bought and paid for it the County paid every year for the water operator and the testing.

Commissioner Schinhofen

commented he talked about this with Public Works and others. The issue that Commissioner Wichman brought up would be great for a future agenda item to look at all of the systems and how they were paid for, including the ones the County ran.

Commissioner Wichman

thought someone was already looking at a rate study. December 20, 2016 58. For Possible Action Discussion and deliberation regarding transferring the Recreation and Public Purposes Lease No. N-45126 Amargosa Comm unity Park to the Town of Amargosa Valley, subject to BLM approval.-Cont’d. Pam Webster said that was for Manhattan, not Gabbs at this time.

Commissioner Wichman

thought each system needed to be looked at along with their service areas, but she was not sure if the Board should pursue it or the water district.

Mrs. Webster

said staff was looking at it and would bring something back. BOARD OF COMMISSIONERS-Cont’d. 23. 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 mailers.

Commissioner Schinhofen

made a motion to go to closed; seconded by Commissione r Borasky; 5 yeas. 24. Closed meeting! pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. The Board was in a closed meeting. 25. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel mailers presented in closed meeting.

Commissioner Schinhofen

thought that after much negotiation this was the best deal.

Commissioner Schinhofen

made a motion to approve the contract running through June 30, 2020; seconded by Commissioner Borasky; 5 yeas.

59. GENERAL PUBLIC COMMENT (second)

Commissioner Borasky

said he received a lot of inquiries from contractors in the Pahrump valley that were concerned with the four day work week and how it affected them. He asked Pam Webster to look at going back to the five day week at least for Planning and Charles Abbott if nothing else.

Mrs. Webster

said she would have an item on the next Pahrump meeting.

60. ANNOUNCEMENTS (second)

Commissioner Schinhofen

said he would probably be gone next week.

Commissioner Borasky

stated it had been a pleasure and an honor working with

Commissioner Carbone

thanked the Commissioners for helping him.

61. ADJOURN

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ) ,2017.

Chair Nye

bouty Clerk I Deputy