August 1, 2017

Sheriff Wehrly

was not present at this time.

Commissioner Schinhofen

believed that particular property would be on the next Pahrump meeting agenda.

Ms. Bond

said she had a property behind it that she could not rent because the tenants were allowed to use the back yard as a waste disposal site. There were also animals feeding off of the waste. She said roaches, mice and rats were getting out of control and something needed to be done as it was now a public health hazard. David Heibert introduced himself as a retired U.S. Marshall and Air Force veteran with 30 years in law enforcement. He also helped write the Homeland Security Bill. Mr. Heibert said he chose to retire in Nye County about a year and a half ago and he wanted to step up to the plate and get involved.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Cox; 4 yeas. August 1,2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

said he noticed again this morning on the upside of 160 from Homestead down there was a huge dust plume. He said there was a dust ordinance and he had asked Darrell Lacy several times now to look into it and take some action. He asked Mr. Lacy again to take some action and go after the people creating that to get it stopped. Angela Bello advised Donuts with the DA would return to Pahrump this Saturday. Instead of in the main building at the Bob Ruud Center it would be held at the annex by the swimming pool. She would address the issue regarding the requirement and the validity of the laws associated with drivers’ licenses, car insurance and car registrations. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

reminded Mr. Carlo that on the cornet of Moose and Yucca Terrace there was still a big washout and she hoped to get it repaired before another monsoon rain as the water collected there and mosquitoes gathered. August 1,2017

Mr. Carlo

advised it was scheduled.

Commissioner Koenig

asked for an update on Homestead to clear up the confusion on whether there was funding or not.

Mr. Carlo

said he had a meeting tomorrow morning with the Comptroller and tentatively he believed there was funding to do Homestead. They had 100% plans in place and were working on the bid package. He noted that SRS funding was not received this year and that was a major portion of the funding for the Homestead project.

Commissioner Koenig

said he understood that, but sitting on the RTC he thought he was assured there was funding for this. He also did not think SRS should have anything to do with it.

Mr. Carlo

explained that originally there was a portion of SRS set aside for it probably in anticipation of it being received. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR

Commissioner Koenig

made a motion to issue a 90-day temporary retail liquor license to Blitz Creek Bar & Grill to convert to regular when Mr. Dutton’s background check was approved; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Koenig

made a motion to approve a 90-day conditional temporary retail liquor license for LaFonda Latin Cuisine until acceptable fingerprint responses were received as well as a copy of the health certificate; seconded by Commissioner Schinhofen; 4 yeas. August 1,2017 10. For Possible Action Discussion and deliberation of existing Gaming Liquor & License renewals for 201712018.

Commissioner Schinhofen

said he received the paperwork this morning for Sheri’s name change showing they had fictitious names since 2007 as Valley Bar and Valley Sports Lounge.

Commissioner Schinhofen

made a motion to approve Sheri’s bars and the Chicken Ranch’s bar (Leg Horn Bar) since they were in compliance; seconded by Commissioner Koenig; 5 yeas.

Commissioner Schinhofen

said he finds by the back-up and the facts that Mr. Hof did not comply with the requirements of off-property signs and filing names.

Commissioner Schinhofen

made a motion to not renew Mr. Hofs liquor licenses on those properties; seconded by Commissioner Koenig. Dennis Hof advised that because of the confusion they filed paperwork to make it very plain that the bar in the Love Ranch was called Crystal Watering Hole. His second liquor license was a bar/restaurant called The Cherry Patch Bar and Mabel’s Brothel Museum that they were planning on opening in the next 60 days, but he was not asking for a brothel license for it. The third one was at the Alien Travel Center and for seven years the name of the bar had been Cherry Patch 2 with no advertising on it.

Commissioner Schinhofen

pointed out there was a sign up that said Alien Cathouse Bar.

Mr. Hof

stated that had been removed.

Commissioner Borasky

asked Mr. Hof if he wanted a liquor license for something that may open in a month.

Mr. Hof

said no. He said he had a liquor license for seven years for a bar/restaurant that was not open and they were about to open it. They had also done a name change on it so there was no confusion at all.

Commissioner Schinhofen

stated in the last back-up Mr. Hof was applying for a brothel license at that location too, so he was hearing today Mr. Hof did not intend to ask for a brothel license at that location.

Mr. Hof

said that was true because he did not need it as his third brothel license that he had paid on for seven years was not open and was not on that parcel. August 1,2017 10. For Possible Action Discussion and deliberation of existing Gaming Liquor & License renewals for 201712018.-Cont’d.

Commissioner Borasky

questioned approving it contingent on it opening in 30 days as he had a problem continually approving licenses for things that were non-existent.

Commissioner Schinhofen

stated his motion would stand at this point.

Sheriff Wehrly

advised she went to the Secretary of State and found Mr. Hof did have Cherry Patch LLC and Mabel’s LLC, which were both active.

Commissioner Koenig

said apparently Mr. Hof had the Cherry Patch Bar and Mabel’s Bar and Brothel Museum. He questioned the reason for making a motion to not approve them.

Commissioner Schinhofen

felt the Liquor and Licensing Board needed to go to the brothels as it had to do with advertising and signs that were not on brothel properties.

Ms. Bello

asked the Commission to stick with the liquor licenses and the reasons for denial.

Commissioner Koenig

thought the testimony he heard was that the bars were not hooked into the brothels and were on a different parcel.

Mr. Hof

said that was correct. The confusion was talking about three places and he would like to deal with one at a time.

Commissioner Schinhofen

amended his motion to approve Mabel’s Bar and the name Mabel’s Bar; Commissioner Koenig amended his second.

Sheriff Wehrly

said her paperwork showed Cherry Patch Bar and Mabel’s Brothel Museum.

Commissioner Schinhofen

said he was not willing to approve a brothel museum with a bar.

Mr. Hof

clarified it would be Cherry Patch Bar/Mabel’s Brothel Museum. It would have nothing to do with the brothel and there was no brothel on that property.

Commissioner Schinhofen

amended his motion to approve Cherry Patch Bar/Mabel’s Bar and Brothel Museum with the proviso that no prostitutes who currently had a card in the County were allowed in that establishment.

Ms. Bello

advised she would have to look into the legality of that as it was restricting someone’s free movement that was off duty or off work from going into any establishment. August 1, 2017 10. For Possible Action Discussion and deliberation of existing Gaming Liquor & License renewals for 2017/2018.-Cont’d.

Commissioner Schinhofen

amended his motion to approve Cherry Patch/Mabel’s Bar and Brothel Museum; Commissioner Koenig amended his second; 4 yeas. Dwight Lilly interrupted the vote to ask if public comment would be allowed on this item.

Commissioner Borasky

told him to go ahead.

Mr. Lilly

said he found it reprehensible that the Commissioners spent so much time and energy going after Mr. Hof and his legal businesses in Nye County which employed people and provided tax revenue to the County. He thought there was some kind of vendetta going on.

Ms. Bello

advised public comment should have been had before the action was taken so the Board needed to vote again.

Commissioner Schinhofen

said he made a motion a couple of weeks ago based on the approval of the brothel ordinance effective June 26, 2017. His motion was that all property signs needed to be removed and they must comply and pay all fees. He asked if Mr. Hof had paid his fees for the current year. Callie Stark from the Sheriff’s Office said he paid on June 27, 2017.

Commissioner Schinhofen

made a motion to approve Sheri’s Ranch and The Chicken Ranch as they removed their signs and were in compliance; seconded by

Commissioner Koenig

; 5 yeas.

Commissioner Schinhofen

said in the back-up at the last meeting there were three brothel licenses requested by Mr. Hof. Mr. Hof was now stating he was not asking for one for the parcel that would be The Cherry Patch/Mabel’s Bar and Museum. Dennis Hof asked that the items be done one at a time so he could explain what was going on.

Commissioner Schinhofen

pointed out that there were hearings and Mr. Hof was given two weeks to comply last time. Commissioner Schinhofen also had numerous e-mails August 1,2017 9. For Possible Action Discussion and deliberation of existing Brothel License renewal for 201712018.-Cont’d. with Mr. Hof, staff, the District Attorney, and Mr. Hof s lawyer, and Mr. Hof had still failed to comply as he still had a sign up this morning.

Commissioner Schinhofen

made a motion to deny Mr. Hofs brothel license on that property as he was not in compliance; seconded by Commissioner Koenig.

Mr. Hof

pointed out The Love Ranch Brothel had always been called that, but County staff had always put Cherry Patch LLC, which was not the name of the brothel. That was the name of the ownership. The signs Commissioner Schinhofen was concerned about were for the bar down on the corner that Mr. Hof was just given the license for. He said he removed them because he was wnning for office.

Commissioner Cox

asked Mr. Hof if he had ever been cited for having that sign there.

Mr. Hof

said no if she was talking about either the one at Highway 160 and Ranch Road or the one that was an identification sign at Ranch Road and Appaloosa.

Commissioner Schinhofen

said those issues were outside the PRPD. No off-property advertising was brought up clearly June 6, 2017, and went into effect June 26, 2017. Two weeks ago Commissioner Schinhofen made a motion to give them two weeks to comply and Mr. Hof has not complied.

Mr. Hof

said he could remove the sign at Appaloosa and Ranch today if that was the concern and then the citizens could deal with people driving around the neighborhood.

Mr. Hof

gave Commissioner Koenig his word that the sign would be gone when he turned on Highway 160 and went by Ranch Road.

Commissioner Koenig

said his concern with this whole thing was keeping the people who worked in the brothel employed, not with Mr. Hof. Based on Mr. Hofs promise he withdrew his second.

Commissioner Schinhofen

amended his motion to approve; seconded by Commissioner Koenig.

Commissioner Cox

stated nobody had proven to her yet the sign was illegal. She agreed with Commissioner Koenig about people needing jobs and noted tax dollars to be lost if this was taken away.

Commissioner Schinhofen

commented the County wanted brothels to keep a low profile and that was all the Commissioners were asking. Dwight Lilly repeated his opinion that there was a vendetta against Mr. Hof. He also thought the idea of brothels keeping a low profile was absurd. August 1,2017 9. For Possible Action Discussion and deliberation of exlstln Brothel License renewal for 201712018.-Cont’d. Dave Stevens commented on the item. John Bosta also thought the comment to keep a low profile was absurd. He noted how in Las Vegas they keep a low profile and they had illegal prostitutes walking the streets. Marc Risman, Mr. Hof s attorney, suggested keeping the doors or phone lines open for discussion about that particular sign being replaced after it was taken down so that there were not any problems with people wandering around the neighborhood if the Board chose not to amend the motion now.

Commissioner Schinhofen

pointed out the motion right now was to approve this brothel license. Tom Saiffa, a local businessman, said to take a low profile in the State of Nevada was the most ridiculous thing he had ever heard. The State of Nevada was based on gambling and legal prostitution, and the Town of Crystal was known as the brothel town. He said the sign being talked about was a piece of wood shaped like an arrow with no lights pointing down to the legal brothel. Mr. Saitta stated the Commission needed to stop nitpicking a businessman who was trying to increase his business, increase the tax base, and provide jobs. Tina Trenner said she met Mr. Hof a couple of years ago and found him to be a reputable and caring human being who cared about the community. He created revenue in taxes for this County and she did not understand what was going on.

Commissioner Schinhofen

said he was a supporter of legal brothels, but this was not the average business and a lot of people did not support them which was why they were asked to keep a low profile.

Mr. Hof

said he had never received anything in writing as to what was expected and asked in the future to please send him something for his businesses so he knew what to expect.

Commissioner Schinhofen

noted Mr. Hof currently had the Cherry Patch/Mabel’s Bar and Brothel Museum and asked if that was going to be Dennis Hofs Cathouse.

Mr. Hof

said the third one was not open. It was on a parcel in Crystal and would not be where the brothel museum was going to be. August 1,2017 9. For Possible Action Discussion and deliberation of existing Brothel License renewal for 201712018.-Cont’d.

Commissioner Schinhofen

made a motion to approve the Area 51 Alien Cathouse noting that Mr. Hof did comply with the signs that did not fit the ordinance on that property; seconded by Commissioner Koenig; 5 yeas.

Mr. Hof

explained the third one was on the cornet, a bar and old brothel that would be a restaurant, bar and museum. Next to it on a separate parcel was where the license for Dennis Hors Cathouse was. It was not being used, but they were working on it slowly as they got money.

Commissioner Schinhofen

made a motion to approve Dennis Hof a Cathouse; seconded by Commissioner Koenig.

Commissioner Borasky

reiterated his problem with approving things that were not done.

Commissioner Schinhofen

made a motion to approve the Cherry Patch 2 on Highway 95; seconded by Commissioner Koenig; 5 yeas.

Commissioner Schinhofen

made a motion to approve the Crystal Watering Hole; seconded by Commissioner Koenig; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. TIMED ITEMS 7. 10:45 For Possible Action Discussion and deliberation regarding Nye - — County Proclamation 2017-06: A Proclamation Recognizing August 7, 2017 As Purple Heart Day In Nye County. Wade Lieseke, Hep Klemm and Tom Waters accepted plaques on behalf of Purple Heart recipients in Nye County, and Arnold Knightly, Public Information Officer, read the Proclamation into the record. August 1,2017 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Koenig

made a motion to approve; seconded by Commissioner Borasky; 4 yeas.

Commissioner Borasky

made a motion to terminate the contract based on staff recommendation; seconded by Commissioner Koenig.

Commissioner Cox

wanted to know why this contract was being terminated and if someone was taking their place. Savannah Rucker explained this contract was entered into by the town board of Pahrump, which was no longer in existence, and they would go out to bid.

Commissioner Schinhofen

asked to have the typos corrected. Pam Webster advised this was in addition to the standard festival permit and clarified who was doing what during the actual festival. The term ran until 2020.

Commissioner Borasky

made a motion to approve.

Commissioner Koenig

wanted to offer a friendly amendment.

Commissioner Borasky

withdrew his motion.

Commissioner Koenig

thought the last sentence under Expectations of Town of Pahrump should be under Expectations of the PVCC.

Commissioner Koenig

made a motion to approve with that change; seconded by

Commissioner Borasky

. August 1,2017 15. For Possible Action Discussion and deliberation to approve a Memorandum of Understandina between the Town of Pahrump and the Pahrump Valley Chamber of Commerce to set the terms and understanding with regards to the Pahrump Fall Festival.-Cont’d.

Commissioner Cox

asked who wrote this, the Chamber of Commerce, the town or the County.

Mrs. Webster

said it was proposed by the Chamber.

Commissioner Cox

said there was something in there about the money that bothered her because it said the Chamber would keep all the money if this was done and that this could be cancelled. She was concerned that if over the next few years they decided to not do this and had control of the funds that the County would have to find someone else to run the festival with no start-up or seed money.

Commissioner Schinhofen

pointed out the County was not pulling any funds into it. PVCC was putting in the financial risk and that was why they were keeping the money.

Commissioner Cox

thought the town gave them money in the first place to take this over.

Mrs. Webster

said no. She explained the town had the money in its own fund and it was not transferred over. Also, this event was not owned by the town. The Chamber had taken it over and was doing all the work and coordination and taking on any advances that had to be done in terms of the amusement center and the rodeo. The County was not doing anything except what was called out in this MOU.

Commissioner Schinhofen

explained this was to get the reversionary clause off of the fairgrounds so the County had complete control of it.

Commissioner Koenig

made a motion to adopt Town of Pahrump Resolution No. 2017- 01; seconded by Commissioner Cox. August 1,2017 17. For Possible Action Discussion and deliberation to adopt, amend and adopt! or reject Town of Pahrump Resolution No. 2017-O1-Cont’d. Pam Webster requested the Board limit the resolution in terms of the Chairman not having the ability to take it all the way to signing a sales contract without coming back to the Board.

Commissioner Koenig

amended his motion to say that; Commissioner Cox amended her second; 5 yeas. 16. For Possible Action Discussion and deliberation regarding delegation of authority permitting the Town Manager to accent! upon consultation with the District Attorney, routine grant awards for the Town of Pahrump Tourism Department and the Nevada Commission on Tourism within the budget authority granted by the Board of County Commissioners.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Koenig. Pam Webster stated her intent with this item was to have permission to sign the NCOT grants and she would like the motion to reflect that.

Commissioner Borasky

amended his motion to reflect NCOT grants; Commissioner Koenig amended his second; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Koenig

made a motion to appoint Commissioner Schinhofen; seconded by Commissioner Cox; 4 yeas.

Commissioner Koenig

referred to the statement made the last time this was discussed that there was only one solid waste hauler licensed in the County. Tim Carlo advised currently there were eight and three of them were franchisees. The other five were local haulers utilizing County facilities.

Commissioner Schinhofen

suggested making local haulers pay $250.00 and out of county haulers pay $1,000.00.

Commissioner Koenig

made a motion to amend Section A.1., to change the solid waste hauler license to $250.00 for local haulers and $1,000.00 for out of county. Pam Webster asked if the locals would be Pahrump residents.

Commissioner Schinhofen

said from Nye County.

Commissioner Borasky

seconded the motion to amend Section A.1., to change the solid waste hauler license to $250.00 for local haulers and $1,000.00 for out of county. Dwight Lilly thought the fee for out of state/out of county haulers was too low because of the pressure it put on the County landfill. He suggested raising it to $2,500.00.

Mr. Carlo

pointed out that in addition to the out of county or out of state imported waste was charged $650.00 a cubic yard. If this was approved it would increase to $750.00 a cubic yard and that was in addition to regular household waste.

Commissioner Borasky

made a motion to appoint Tyfini Brown; seconded by

Commissioner Schinhofen

; 4 yeas. COUNTY MANAGER

Commissioner Koenig

made a motion to approve pending the Department of Taxation’s (DTAX) approval; seconded by Commissioner Borasky. Pam Webster said she had several issues with this from just a contract perspective. She was concerned that this transaction was a medium term financing and it should have gone through the steps to be approved by DTAX. While DTAX assured staff it was not and was nothing mote than a licensing agreement, the County’s external auditor agreed with Mrs. Webster and had spoken with DTAX. Mr. Webster noted the County was on fiscal watch and had been reprimanded for not doing the steps for a medium term financing. Even thought DTAX was assuring the County that did not have to be done for this contract, the problem was when the audit came through for FYI 8 this would be a violation. Assessor Sheree Stringer said she understood Mrs. Webster, but ten other counties had already been approved for these contracts. She said there was no back-up plan and DEVNET was the only company that could get the job done by the time allotted.

Commissioner Koenig

commented those other counties were not on fiscal watch.

Commissioner Koenig

said his primary goal was to get direction from the Commission to take back to the Water Board. He did not necessarily want a bunch of public comment on this because they could make that to the Water Board themselves, but

Commissioner Koenig

wanted to know how the Commission felt about the Water Board and the direction to be given as they had not been given any direction previously.

Commissioner Borasky

stated he had given them direction a long time ago when it was formed. One of the things he and Commissioner Hollis had asked for was to deal with the salt cedars where absentee landlords did not take care of their properties. If they could find a way to deal with that he might find some confidence in them again, but if they kept saying it was up to the Board of County Commissioners to make an ordinance he was not interested.

Commissioner Cox

did not feel a water district was even needed or that they had done anything in the past but drain money out of the taxpayers. She thought the Board of County Commissioners could sit as the water district.

Commissioner Schinhofen

suggested putting this off until the next meeting.

Commissioner Koenig

made a motion to set the date, time and location for August 15, 2017, at 10:45 a.m. in Pahrump, Nevada; seconded by Commissioner Borasky; 4 yeas.

Commissioner Koenig

made a motion to submit a letter of intent to terminate; seconded by Commissioner Borasky.

Commissioner Cox

asked if someone was replacing them. Pam Webster said an REP would be put out. August 1,2017 28. For Possible Action Discussion and deliberation to submit written notice of default by Life Guard International, Inc. and intent to terminate the Lease Agreement with Life Guard International, Inc. for leased space at the Tonopah Airport.-Cont’d.

Commissioner Koenig

made a motion to approve the lease agreement with Desert Haven Animal Society for the shelter; seconded by Commissioner Cox. Pam Webster explained this was a renewal of the lease for the facility only. She would bring back an MOU to address the subsidy the Commission approved, how it would be disbursed and oversight as a result.

Commissioner Koenig

made a motion to set the public hearing for September 5, 2017, at 10:45 a.m. in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas.

Commissioner Koenig

read the title of the bill into the record.

Commissioner Koenig

made a motion to set the public hearing for September 5, 2017, at 10:45 a.m. in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas. August 1,2017 31. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2017-1 7- Cont’d.

Commissioner Koenig

read the title of the bill into the record. FINANCE

Commissioner Koenig

made a motion to approve; seconded by Commissioner Borasky; 4 yeas.

Commissioner Borasky

made a motion to approve as stated by the Comptroller; seconded by Commissioner Koenig; 4 yeas.

Commissioner Koenig

made a motion to award Bid 201 7-10 to Wulfenstein Construction, execute the contract and fund from 10205, Nye County Road Fund; seconded by Commissioner Cox. August 1,2017 34. For Possible Action Discussion and deliberation to: 1) Award Bid 2017-10 Amaraosa Farm Road Superpave Prolect to Wulfenstein Construction. The amount of the bid is $297,945.36: 2) Execute the contract; and 3) Fund from 10205 Nye County Road Fund.-Cont’d. Pat Minshall from Amargosa Valley said Farm Road is in disreputable repair and this was just a drop in the bucket for that road as it probably had not had any paving for the last eight years.

Commissioner Schinhofen

explained it was being started with this 2.2 miles and the RTC would consider future projects for next year’s budget cycle.

Ms. Minshall

questioned if Amargosa Valley was getting their fair share.

Commissioner Schinhofen

was not sure how to calculate what the fair share would be and asked Ms. Minshall to speak at the next RTC. John Bosta asked if there would be a clause in the contract prohibiting extensions to the figure as this firm historically came in with a low bid and then came back for more money. He also wondered what 2.2 miles were being paved.

Commissioner Schinhofen

clarified it was 2.7 miles and said unless they were asked to extend that work what Mr. Bosta talked about would not happen.

Commissioner Koenig

advised it would be paved from Highway 373 up to around where the community center was.

Commissioner Koenig

made a motion to accept the change order; seconded by

Commissioner Borasky

; 3 yeas. Commissioner Cox voted no. HIR AND RISK MANAGEMENT

Commissioner Koenig

made a motion to fill a vacant communication systems supervisor position #20001-001; seconded by Commissioner Cox. August 1,2017 36. For Possible Action Discussion and deliberation to fill a vacant Communication Systems Supervisor Position #20001-001 in the Information Technology Department effective immediately due to the employee being promoted to IT Director effective June 26. 2017-Cont’d.

Commissioner Koenig

amended his motion to waive the 90 days; Commissioner Cox amended her second; 4 yeas.

Sheriff Position

#85010-039 in the Sheriff’s Office effective September 24, 2017 due to the employee resigning July 17, 2017.

Commissioner Koenig

made a motion to fill a vacant deputy sheriff position #85010-039 and waive the 90 days; seconded by Commissioner Cox; 4 yeas.

Commissioner Koenig

made a motion to fill a deputy district attorney position #00210- 003 immediately, waive the 90 days and augment her budget; seconded by

Commissioner Cox

; 4 yeas. INFORMATION TECHNOLOGY

Commissioner Koenig

made a motion to approve the lease agreement with the Nevada Department of Information Technology. Lorina Dellinger said there were a few recommended changes from the District Attorney’s Office.

Commissioner Koenig

withdrew his motion.

Mrs. Dellinger

said throughout the document “contract” needed to be changed to “lease.” On page 4 of 7, under item 16 where it said the State will not waive was being changed to the parties will not waive. The language regarding the lessee’s tort liability shall not be limited was also being removed. On page 5 of 7 under general requirements the statement “unless the applicable insurance requirements as otherwise August 1,2017 39. For Possible Action Discussion and deliberation regarding a lease agreement with the Nevada Department of Information Technology Services for the purpose of microwavelradio rack space rental at one of their radio communications repeater sites (Mount Brock).-Cont’d. waived above the following general requirements shall applV’ was added and the items listed would remain.

Commissioner Koenig

made a motion to approve the lease agreement with the modifications listed by the Assistant County Manager; seconded by Commissioner Borasky. Brad Adams, IT Director, pointed out that the description showed 13 rack space rentals, but this was only for one.

Commissioner Koenig

made a motion to set the public hearing for September 5, 2017, at 11:00 a.m. in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas.

Commissioner Koenig

read the title of the bill into the record.

Commissioner Schinhofen

said at the hearing he would like to see their location as off the highway; that they had paid taxes and employed people in the County; and that they August 1,2017 41. For Possible Action Discussion, deliberation and direction to staff regarding the processing of applications for special use permits for recreational mariluana retail store establishments, which shall be considered on a competitive basis at a single public hearing to be held by the Board per NCC 17.06.040.-Cont’d. had a building that was ready or they had property and would be ready to go in six months.

Commissioner Koenig

made a motion based on staff recommendation to set the date, time and location for the public hearing as October 17, 2017, the cut-off date for applications would be September 7, 2017, and the criteria would be off highway, taxes paid, and a building ready or ready within six months; seconded by Commissioner Cox; 3 yeas. Commissioner Borasky voted no.

Commissioner Schinhofen

said this was one of two race tracks in the entire world where one could own their own home on it and with this expansion it would be the biggest in the entire world. Darrell Lacy pointed out this was BLM land adjacent to the race track and the County needed to support the modified competitive bidding process that would allow the race track to give the highest bid and purchase the land.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Cox

asked if all this land was connected and if this would cross Highway 160 anywhere.

Mr. Lacy

explained this was lands immediately adjacent to the existing race track to the east and south and it would not cross the highway.

Sheriff Wehrly

was not present. August 1,2017

Commissioner Schinhofen

said this was supposed to be conveyed to the County. He would like that done, but he would also like to see the property built out first. The appraisal would also have to come in a lot higher before he would release the five acres, and he thought the road was built. Tim Carlo said it was, but it was on the west side. This was the requirement to build the east section for a cost of about $50,000.00 to $60,000.00.

Commissioner Koenig

made a motion to have it conveyed to the County; seconded by

Commissioner Cox

. Brad Nelson from William Lyon Homes said they offered $35,000.00 with the understanding of a half street improvement. They want to fulfill their obligation per the development agreement, but the actual development agreement addressed it as the Town of Pahrump so Mr. Nelson was not sure how that worked moving forward.

Commissioner Schinhofen

explained the Board of County Commissioners also sat as the Town Board of Pahrump and the development agreement was with the County.

Mr. Nelson

said if their offer was not palatable they were in a position to just deed the property over to the County. They were just listening to Scott’s thought process that it might be more helpful to have cash versus land, but their number one goal was to fulfill their obligation. However, if it was payment in lieu of deeding the property over Mr. Nelson stated they would want it written that it satisfied the development agreement intent.

Commissioner Schinhofen

explained this was County property adjacent to a property that just had to pay to be hooked in. Doing this would make it so the property was in their tariff and it would be easier in the future to hook water and sewer to it. It would also be ready to build if the County decided to lease or sell the property.

Commissioner Koenig

made a motion to apply for annexation into the PUCI water/sewage service area and direct staff to work with PUCI for a five acre parcel not to exceed $5,000.00 and this is no way gave anyone permission to run pipe or charge the County for pipe.

Commissioner Koenig

made a motion to approve entering into an MOU with LHoist North America; seconded by Commissioner Borasky. Tim Carlo explained this was a section of road for the IMV Mine. The road had been there for 30+ years and they had been maintaining it. The County filed for BLM right-of- way and finally finalized it, but in an effort for the County to not be obligated to maintain that road Mr. Carlo wanted an MOU with them so they could continue to maintain it as they had for the last 30 years. He confirmed the LHoist representatives were in agreement. Pam Webster noted there was nothing spelled out regarding insurance provisions, so she would like the motion amended to approve contingent on adding appropriate insurance requirements to her and the District Attorney. August 1,2017 46. For Possible Action Discussion and deliberation to enter into a Memorandum of Understanding (MOU) with LHoist North America of Arizona inc. Cont’d.

Commissioner Koenig

amended his motion to include that; Commissioner Borasky amended his second. John Bosta hoped this MOU contained a clause requiring them to water the road and suggested having an environmental impact study on the amount of dust they put in the air.

Mr. Carlo

confirmed they ran water trucks.

Commissioner Koenig

made a motion to adopt Nye County Resolution No. 2017-73; seconded by Commissioner Cox.

Commissioner Schinhofen

said this would give options for businesses rather than having to do traffic studies on every one and would speed up development.

Commissioner Koenig

commented it probably made it cheaper for a small business to get going too.

Commissioner Koenig

asked why the tight-of-way easement was being given to Gridliance instead of VEA and then when the sale was complete have that roll over like the rest of the rights-of-way would.

Commissioner Schinhofen

thought if the motion said upon confirmation of sale the right- of-way would transfer to the company. Beth Lee from VEA explained this was a unique easement because VEA held the 100- foot wide easement in this area. The easement could not be shared or split with a different owner of any of those assets so VEA would retain the easement for 138 distribution and fiber and this is a request to lay over an easement for the owner of the 230kV line should the sale move forward.

Commissioner Koenig

pointed out this was one parcel of many that VEA lines ran through.

Ms. Lee

said that was correct. She further explained that VEA would be able to transfer ownership of the easements owned by VEA to Gridliance at the conclusion of the sale, but this particular easement was granted from Nye to VEA and the language in the easement did not allow them to transfer, separate or exchange in whole or in part.

Commissioner Koenig

made a motion to grant the right-of-way easement to Gridliance on APN 35-011-01; seconded by Commissioner Cox.

Ms. Lee

stated VEA was requesting some consideration for $19,085.92 annual easement fee. This was a new easement that would not create any new construction and would not impair the use of the training facility. It was a paper transfer of ownership which would be completely seamless and VEA would like a little consideration on that annual easement fee.

Commissioner Koenig

declined to amend his motion at this point.

Commissioner Schinhofen

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

Chair Nye

Dour4y Clerk I Deputy