July 5, 2017

Mr. Lilly

discussed the citizens who were charged in the court system for traveling on the roadways illegally because they did not have license plates or drivers’ licenses. He said he had case history that allowed a rider to travel without those and he was very troubled about it as officials swear to uphold the Constitution which had a supremacy clause that overruled any local ordinances or regulations. Herman Lewis thanked the Commission for bringing back opening public comment as well as Angela Bello for talking to him about the Fish and Wildlife maintenance at Ash Meadows. He then stated he felt people should have standards on their cars for July 5, 2017 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. registration and have drivers’ licenses, but there was still an issue of whether that was on a commercial level or a traveler’s non-commercial level. Victor Fuentas thanked Commissioner Cox as she had been very helpfu l with the issues in Ash Meadows. He hoped there was an item on the next agenda to discuss the road and who was in charge of it. Dave Stevens said he wanted people to put their names on their agenda items so they could be voted out. Leah Aldridge spoke on the right to travel case. She said she appeared in Pahrump Justice Court in front of Judge Jasperson and he absolutely violated and trampled on her unalienable civil rights. She said she was thrown in jail overnight for merely stating she was there to speak on the matter. She said the tight to travel was an unalienable tight and could not be trampled. Michael Noyes said he was also there last Tuesday and something did not seem tight. Latet a lawyer registered with the BAR talked to Judge Jasperson about the contempt of court and he did not have a valid reason. He explained that originally drivers’ licenses were established for chauffeurs and later anyone under 18 was require d to have a license so they could learn the rules. He felt under common law this should also be common sense. Donna Miller, representing Life Guard International Flying ICU, informed the Commission and the community that the company was acquired by Ameri can Medical Response Air Division last week, but their commitment to Nye County had not changed. The leadership team would stay the same and they were as excited as always to continue partnering with the County and save lives. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Commissioner Wichman

introduced Tim Coward, the local manager of the BLM, and Jay Dixon from Round Mountain Gold.

Mr. Dixon

said they wanted to provide a quick update and overview on the status of project and where they were in the permitting process. He reviewed the history of Kinross Gold, which had been in Nevada since 2003. To date they had produced close to 15 million ounces of gold and were the largest private employer and largest taxpay er in Nye County, but without this expansion they would be done mining at the end of 2019. Mr. Dixon explained it was a simple expansion involving moving the pit to the west. It was insignificant in terms of land area with no change to the authorized plan of ops boundaries, but expanding the existing Round Mountain pit involved an increas e in the dewatering rate with a corresponding increase in water returned to the basin with minimal change of consumption and predicted impacts. The expansion was also included in the existing approved disturbance. Other minor changes included expansion of leach pads and relocation of communication and power lines.

Mr. Coward

reviewed the Phase W Environmental Assessment tEA) noting a lot of the legwork was already done and they were down to drafting the EA. Once the EA was completed, hopefully by the end of July or beginning of August, BLM would go out for public comments, which was normally 30 days. When that was completed the EA would be finalized and a decision made hopefully by September/October.

Mr. Dixon

said they started work on this project quite some time ago becaus e they were very aware of the need to manage the impacts, and for economic reasons they also need to roll right into Phase W. If there was a gap because of permitting or any other reason it really drove the economics in a direction they did not want them to go.

Commissioner Koenig

said he had heard the capital being spent would give the County a sharp increase in sales taxes. He also heard that the County could expect 50% of the gross taxes Round Mountain was giving now.

Mr. Dixon

said his understanding was that they had to build new faciliti es and tear down the existing ones. He was not sure where the points of sale would be, but the delivery was in Nye County. While the early investment of capital may negativ ely affect net proceeds, Mr. Dixon thought there would be an increase in sales taxes to possibly offset some of that, but going forward once they got the facilities relocated it should be pretty steady in terms of net proceeds and sales tax.

Commissioner Wichman

pointed out that some of the major purcha ses may not be made in Nye County, but there was still the personal property tax assessment each year on those items so they would continue to give.

Commissioner Cox

said she was very happy to hear this was happen ing and it was a very worthy project for the County. July 5, 2017 8. 10:00 Presentation of the proposed Phase W Expansion Project at Round Mountain Gold Corporation.-Cont’d.

Commissioner Borasky

gave kudos to Round Mountain Gold for all the good things they had done and the jobs they provided to the town.

Commissioner Schinhofen

thanked them for expanding and asked Mr. Dixon to let the Commissioners know if there was anything they could do. 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 Beafty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board of Trustees for the Pahrump Pool District regular meeting on June 6, 2017.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 5. For Possible Action - Emergency Items This item was removed from the agenda. 6. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops!agendas)

Commissioner Borasky

thanked all of the people that sent cards and condolences on the loss of his wife.

Commissioner Wichman

asked staff for a plan of action and a schedule for having the various nuisance abatements that were a year old taken care of, including the County land in Beatty.

Commissioner Schinhofen

asked if there was some way to streamline the process once a complaint was received. Also, with the recent animal situations he said there were issues that needed to be addressed, particularly the number of animals possibly going on lot sizes. July 5, 2017 CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Koenig

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

Commissioner Wichman

made a motion to appoint Gwenn Snow; seconded by

Commissioner Koenig

; 5 yeas.

Commissioner Schinhofen

explained this item would be opened and the public hearing continued because of an issue with the back-up.

Commissioner Schinhofen

opened the public hearing.

Commissioner Koenig

made a motion to continue the public hearing to July 18, 2017, in Pahrump; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. July 5, 2017 10. For Possible Action — General road report by Public Works Director. Tim Carlo, Public Works Director, had nothing to add to the report. They were trimmi ng trees and mowing weeds as quickly as they could as well as patching potholes.

Commissioner Wichman

said she did not receive one single phone call after the July from folks going up to Belmont.

Commissioner Borasky

asked Mr. Carlo to have someone look at Money and Manse . It needed an overlay as patching was not going to do it.

Commissioner Cox

said where Winchester met Calvada Boulevard people were runnin g through the stop sign and ending up in the ditch because there were no lights.

Mr. Carlo

said they could put up some end of road signs.

Commissioner Koenig

asked when Amargosa Farm Road was scheduled for.

Mr. Carlo

advised they were advertising for bids and would bring it back for an award.

Commissioner Schinhofen

noted Public Works was also advertising for someone in the Pahrump area.

Mr. Carlo

said they would be re-advertising as they did not fill all six positions.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC ADMINISTRATOR

Ms. Stumne

explained right now there were two County fund accounts. One was the trust account which held the decedent’s money. As the accounts closed they went into the general account, which was also public funds, and from there money due out was paid such as electric bills. The S corporation was basically to lower her self employment taxes and allowed her to draw a paycheck every two weeks from her own money. July 5, 2017

Mrs. Webster

asked if Ms. Stumne would be involved in activities besides Public Administrator activities as part of the S corporation that would be done in the facilities provided by the County.

Ms. Stumne

responded no. Her non-profit folded so the only thing she was doing was the Public Administrator right now.

Mrs. Webster

stressed it would not be appropriate to commingle any future activities for that corporation into the facilities being provided by the County for Public Administrator activities.

Ms. Stumne

offered to remove the DBA from it, but stated the hard part was in order to have a business account she had to have a business license.

Mrs. Webster

said she understood. She was just concerned about commingling activities and it being funded by the County in the form of providing the facilities and services it did, such as computer services, IT, buildings and grounds, the utilities that were paid, the building provided, and that kind of thing. TREASURER

Commissioner Schinhofen

stated he understood this was already being done. Savannah Rucker said all funds were budgeted to be spent in FY18, but she was not aware of the request required to roll over so this fund was budgeted. She confirmed for Pam Webster that the revenue and cost was segregated by court.

Mrs. Webster

added they were prohibited from being cross spent. Angela Bello said this did not come through her office and she had some legal issues she wanted to look into.

Commissioner Schinhofen

said he got the feeling from the Board no action was going to be taken on this item.

Commissioner Koenig

made a motion to adopt Nye County Resolution No. 2017-6 7, a resolution authorizing donation of certain County property to certain non-profit organizations; seconded by Commissioner Wichman.

Commissioner Schinhofen

explained this was the bus the senior center would take over. The motion to adopt Nye County Resolution No. 2017-67, a resolution author izing donation of certain County property to certain non-profit organizations, passed with 5 yeas. 21. For Possible Action Discussion and deliberation to consider the reques t from Life Guard International, Inc. (Company) to consent to the Stock Purcha se Agreement by and among the stockholders of the Company and American Medical Response, Inc. (Purchaser). This item was removed from the agenda, but Commissioner Wichman wanted to make sure the District Attorney was talking to Donna Miller. Tim Sutton advised he did speak with Ms. Miller before she left and they exchan ged business cards.

Commissioner Wichman

said this resolution did not answer her questions regard ing what fees were collected by the Public Guardian and what expenses were allowe d by NRs to be paid from those fees. Lorina Dellinger explained there was an audit performed on the checking accoun t currently established for Public Guardian and it was determined a separate one was needed for each ward. Once the Public Guardian was no longer needed the money would become Public Guardian money.

Commissioner Koenig

made a motion to amend and adopt Nye County Resolu tion No. 2017-68 changing “Administrator” to “Guardian” in the first sentence of the first whereas clause; seconded by Commissioner Wichman; 5 yeas. July 5,2017

Commissioner Wichman

made a motion to approve; seconded by Commissione r Koenig; 5 yeas.

Commissioner Koenig

made a motion to approve the selection and appointment of

County Manager Timothy

D. Sutton; seconded by Commissioner Wichman; 5 yeas. FINANCE

Commissioner Wichman

made a motion to approve; seconded by Commissione r Koenig; 5 yeas.

Commissioner Wichman

made a motion to accept the fee schedule presented by Atkins North America and authorize execution of the contract; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to accept the fee schedule presented by Atkins North America and execute the contract; seconded by Commissioner Koenig; 5 yeas. July 5, 2017

Commissioner Koenig

made a motion to adopt Nye County Resolution No. 2017-71, a resolution to create a fund entitled Veterans Services Fund; seconded by Commissioner So rasky.

Commissioner Borasky

questioned the need for the language under 3, any deficit fund balances shall be remedied by a transfer from the general fund of Nye County , as well as the language under 4, excess fund balances remaining in the fund should the fund be closed shall revert to the County general fund. He would like to see those two removed as he thought it might be offensive to some of the veterans to add language again reverting it to the general fund.

Commissioner Schinhofen

said the County raised the fees on the working girls and half that money was to be put into the veterans fund, which equated to about $30,000.00 or $35,000.00. This account had already been funded for this year with $65,00 0.00 like was done in the past and the new funding would start next year with that amoun t of money. Pam Webster clarified they would start moving the money immediately into the new fund and it would be half of the cost of the cards, around $30,000.00, which would be carried over year to year if not spent.

Commissioner Schinhofen

said his problem was if that fund was not used and rolled over for four years it would have $120,000.00 in it, which would look attractive to a future board, so the language was in there for that reason.

Commissioner Koenig

added that item 3 meant if it was overspent the money would come out of the general fund, not that if there was money left at the end of the year it would go to the general fund.

Commissioner Botasky

stated if the other Commissioners wanted to leave the language in there to leave it, but he wanted to see the veterans get every penny of that money and that it did not go back into the general fund.

Commissioner Ccx

asked where the other half of the money was going.

Commissioner Wichman

explained that the original motion when the Commission increased the girls’ fees was to double it, so the original fee covered everything for the veterans services office administratively and the increase was dedicated to veteran s services. Dave Stevens wanted to see how much money the veterans had. Tom Waters advised the veterans had come up with a veterans’ financial commi ttee to develop agenda items for the Commission to discuss how to spend the money for July 5, 2017 29. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2017-71: a Resolution to create a fund entitled Veterans Services Fund.-Cont’d. veterans’ issues. Their next meeting was scheduled for Friday at Draft Picks and Mr. Waters encouraged everyone to attend to share ideas.

Commissioner Schinhofen

volunteered to be a liaison. Dwight Lilly hoped this would be a locked box type of situation so the money was not sent off to another urgent need that the Commission might come up with or used to pay bills.

Commissioner Borasky

said he withdrew his concerns

Commissioner Wichman

pointed out that it was illegal for a sitting Board of County Commissioners to bind a future board.

Commissioner Cox

commented that she would like to see any money that was set aside for the purpose the brothels set it aside for to build. She did not want to see it moved and put into another fund if it was not used in that year because if it was allowed to accumulate they could do something really nice with it like a new building.

Commissioner Schinhofen

clarified this was a fee imposed by the Board separate from the brothel girls.

Commissioner Koenig

made a motion to approve filling the vacant dispatcher positions; seconded by Commissioner Wichman.

Commissioner Koenig

amended his motion to waive the 90 days; Commissioner Wichman amended her second; 5 yeas.

Commissioner Koenig

made a motion to approve filling the vacant dispatcher positions; seconded by Commissioner Wich man. July 5, 2017 31. For Possible Action Discussion and deliberation to fill a vacant Dispatcher Position #10022-016 in the Sheriff’s Office effective September 15, 2017 due to the employee resigning June 17, 201 7.-Cont’d.

Commissioner Koenig

amended his motion to waive the 90 days; Commissione r Wich man amended her second; 5 yeas.

Sheriff Position

#85010-012 in the Sheriff’s Office effective July 1, 2017 due to the current employee retiring in February 2018.

Commissioner Koenig

made a motion to fill the vacant deputy sheriff position #85010- 012 and waive the 90 days; seconded by Commissioner Wichman. Danelle Shamrell, Human Resources Manager, pointed out this person was not leaving until February, but the Sheriff would like to have the position filled now so they could be put through the academy. The position would be double filled and there were financial numbers in the back-up. Savannah Rucker stated the Sheriff’s Office budget would increase by $6700 0.00 having two people in this position until February.

Commissioner Wichman

asked Commissioner Koenig if there was a plan for augmentation or something coming forward.

Commissioner Koenig

did not know the answer to that question, but his feeling was that the Sheriff presently had numerous open positions so the odds of filling this one were probably slim to none. He did not think extending it out three months would make a difference.

Commissioner Wichman

asked if the Sheriff could absorb the $67,000.00.

Ms. Rucker

said it depended on how long the positions sat vacant.

Commissioner Borasky

was not present. PUBLIC PETITIONER

Commissioner Koenig

made a motion to appoint Richard Carver to the Smoky Valley Area I position, Jim Weeks to the Beatty/Amargosa Valley Area 3 position, Walt Kuver July 5, 2017 33. For Possible Action Discussion and deliberation to appoint four (4) members to the Nye County Water District (NCWD) Governing board for positions due to three (3) terms expiring and one (1) resignation.-Cont’d. to the Pahrump Area 4 position 1 expiring June 30, 2019, and Bill Knecht to Pahrump Area 4 position 2 expiring June 30, 2018; seconded by Commissioner Wichman.

Commissioner Cox

stated since she felt this board was no longer necessary she would not support any mote members.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of ,2017. Cai’r’ Nye?Cointy Clerk / Deputy