September 5, 2017

Commissioner Wichman

said she would abstain from the vote as she was not present at the August 1,2017, meeting.

Commissioner Cox

pointed out on page 2 under item 3 “Lisa Bonn” should be “Lisa Bond.”

Commissioner Koenig

made a motion to approve with the correction; seconded by

Commissioner Borasky

; 4 yeas. Commissioner Wichman abstained. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

mentioned the Home at Last Program. Since its inception in 2006 to the current day, of the 6,604 families assisted 3,400 were helped in Nye County in the last 32 months. More information could be found at www.nvrural.org/homeatlast.

Commissioner Schinhofen

said he would be at the RadWaste conference tomorrow and would not be at the next Commission meeting as he would be speaking at a conference in South Carolina. He then asked the Planning Director to bring forward his list for SUPs outside of the PRPD as people were looking at building new brothels. September 5, 2017 6. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Wichman

noted that anything outside of the PRPD had to comply with State law, but she would also like to see the SUP come forward to address fracking. 5. For Possible Action - Emergency Items Angela Bello advised the Sheriff pulled the liquor license of a local bar under Nye County Code Section 5.04.280, emergency suspension by sheriff. She asked the Sheriff to give the notice to the Board via the Clerk if the Board did not have it already.

Sheriff Wehrly

advised the Bounty Hunter privilege license was closed and taken off the wall. The bar was open for business, but they could not find anybody who had a work card to work behind the bar and serve liquor. She then deferred to Detective Chris Sehnert. Detective Sehnert read the letter he wrote regarding the incident at the Bounty Hunter. He made contact with two individuals, Richard Ruiz and Burl Benner, who said they were volunteers who worked at the bar and served alcohol, but neither had a work card.

Sheriff Wehrly

asked if Mr. Ruiz was prepared to serve alcohol. Detective Sehnert stated alcohol was already served at the bar when he arrived, but when he physically arrived there was no one at the bar. The male was in the table seating/serving area.

Ms. Bello

advised under Nye County Code Section 5.04.280.B, if the Board wished to continue the suspension in place it could order staff or the Sheriff to issue an order to show cause and set it for as soon as possible, or the Board could lift the suspension. Circumstantial evidence suggested that Mr. Ruiz was serving alcohol, and the other individual admitted to serving alcohol in that bar without a registration card.

Commissioner Schinhofen

believed this should be before the Licensing and Liquor Board, not the Board of County Commissioners. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Commissioner Borasky

said a time, date and location was needed for a show cause hearing to cover this item. He left it up to the District Attorney or the Sheriff when they wanted to set it.

Sheriff Wehrly

said she would like to set it as soon as possible as she did not want these people to not have their bar. September 5, 2017 5. For Possible Action - Emergency ltems-Cont’d.

Ms. Bello

asked that whoever made the motion state it was based on the facts previously heard by the Board of County Commissioners and now incorporated into the minutes of the Licensing and Liquor Board.

Commissioner Koenig

wondered if the two volunteers showed up in the Sheriffs Office today and requested a card if that would satisfy the concern. He also wondered if a motion could be made that as soon as they got cards they were allowed to open or if the show cause hearing needed to be he’d.

Ms. Bello

said the Board could rescind the suspension on the condition that they had their cards and that would eliminate the need for a show cause. If the Sheriff found within 24 hours that it was not done she could do another emergency suspension. The Board took a brief recess.

Commissioner Koenig

made a motion to continue the suspension and set the show cause hearing for September 15, 2017, at 10:00 a.m. in the chambers in Pahrump, said suspension to automatically lift if they complied with all the regulations, got their cards and paid the $100.00 fine, and the order to show cause hearing shall be vacated; seconded by Commissioner Wichman; 6 yeas. LIQUOR

Commissioner Wichman

made a motion to issue the temporary liquor license pending the results of the rest of the paperwork coming in; seconded by Commissioner Schinhofen; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. September 5, 2017 TIMED ITEMS 7. 10:00 For Possible Action Discussion and deliberation on an anneal of the — — Nye County Sheriffs Office Vicious and Dangerous Dogs Classification, pursuant to Nye County Code 6.40.010, for animals located at 1330 N. Landmark Ave., Pahrump, NV. Siobhan Golden Appellant.

Commissioner Schinhofen

stated the parties to this hearing had the right to call witnesses, introduce exhibits relevant to the issues of the case and offer rebuttal evidence. The Board would consider all testimony and after the evidence was presented the Board would make its conclusion and that decision shall be final. Angela Bello reviewed the procedures outlined in Nye County Code Chapter 6.20.030 when an Animal Control Officer classified a dog as vicious or dangerous. She advised that after this hearing the Board may uphold, overturn or modify the decision made by Animal Control. A decision overturning the determination would not affect the Animal Control Officer’s right to later declare a dog to be vicious or dangerous or that it posed a threat to public safety for the dog’s subsequent behavior. If the Board upheld the classification, the dog would be required to be registered per Nye County Code Section 6.20.060 and comply with the requirements of Nye County Code Section 6.20.050. Animal Control Officer (ACO) Susan Ryhal was present. Constance Sloan, a resident on Landmark, was present.

Commissioner Schinhofen

asked if Siobhan Golden or Judy Golden were present. ACO Ryhal advised Siobhan was about 45 minutes away on her way from Reno, but Judy was present.

Commissioner Schinhofen

continued this item as the appellant was not present. 8. 10:00 For Possible Action Discussion and deliberation on an appeal of the — — Nye County Sheriffs Office Vicious and Dangerous Dogs Classification, pursuant to Nye County Code 6.40.010, for animals located at 1330 N. Landmark Ave., Pahrump, NV. Judith Golden Appellant.

Commissioner Schinhofen

noted that the procedural statements made under item 7 applied to this item as well. Judy Golden was present. Animal Control Officer (ACO) Susan Ryhal reviewed the incident involving vicious and dangerous dogs running at large on Landmark. The dogs were determined to live at 1130 Landmark. She made contact with an adult female at the residence who said the dogs were not running at large at that time, and ACO Ryhal also did not see any dogs September 5, 2017 8. 10:00 For Possible Action Discussion and deliberation on an appeal of the — — Nye County Sheriffs Office Vicious and Dangerous Dogs Classification, pursuant to Nye County Code 6.40.010, for animals located at 1330 N. Landmark Ave., Pahrump, NV. Judith Golden Appellant.-Cont’d. running at large at that time. On August 1, 2017, Animal Control was called out to the same location for dogs running at large. Four witnesses gave her their accounts of the dogs running at large and behaving aggressively.

Ms. Bello

interjected that there were prior instances that may have happened with these dogs, but those were not provided in the notice to the owner so the dangerous dog classification must be restricted to the notice provided to the owner for the incident on July 18, 2017. AGO Ryhal reviewed a witness statement provided to her which described confrontational behavior and attacks by two dogs on July 18, 2017. The witness identified the dogs as Sugar and Fathead from photographs ACO Ryhal showed him.

Commissioner Schinhofen

asked AGO Ryhal if notice to the owners was given and if she had copies, to which she responded yes. Commissioner Schinhofen asked her to give them to the Clerk.

Commissioner Wichman

said if those were the documents in the back-up then AGO Ryhal did not need to do that.

Ms. Bello

advised a motion was needed to accept the documents.

Commissioner Koenig

made a motion to accept the documents from S. Ryhal; seconded by Commissioner Wichman; 5 yeas. Constance Sloan testified as a witness. She stated every time she went to her car she was scared to death because the dogs had kept her trapped in it before. They had also kepther from going out of her yard, and she has had to hit them in the face with the gate to protect herself and her two little dogs. She said she was scared all the time and did not want the dogs let back out. Judy Golden, the appellant, disputed the facts and said she was unaware of any of the incidents. Animal Control came to the house on three separate occasions and on all three occasions the dog was locked in a room. She was only notified of the incident on July 18, 2017, when AGO Ryhal came to the property with the Sheriff and took the dog almost two and a half weeks later. Danielle Eaton testified on behalf of Ms. Golden. She stated Sugar had never tried to attack anyone in the five years Ms. Eaton had known her. The dog was not vicious, but was very loving and kind. She did not know about this day in particular, but stated that September 5, 2017 8. 10:00 For Possible Action Discussion and deliberation on an appeal of the — — Nye County Sheriffs Office VIcious and Dangerous Dogs Classification, pursuant to Nye County Code 6.40.010, for animals located at 1330 N. Landmark Ave., Pahrump, NV. Judith Golden Appellant.-Cont’d. whenever Ms. Golden left the dog was locked in the pool room and could not get out until Ms. Golden returned home from work.

Commissioner Schinhofen

asked Ms. Golden if she was home that day.

Ms. Golden

stated she did not know what day of the week it was, but if it was Monday through Friday she was not.

Sheriff Wehrly

advised July 18, 2017, was a Tuesday.

Commissioner Wichman

wondered if Sugar could have been confused with one of the other two dogs. ACO Ryhal described the coloring and marking differences between the three dogs.

Commissioner Cox

questioned the day it happened and if they actually identified Sugar as the one being aggressive. ACO Ryhal advised the victim identified Sugar and Fathead as the two dogs involved in the incident and both of them tried to attack him. He shot Sugar with a pellet gun in the right side rib cage and said she should have a wound, which she did have when taken into custody. The Board took a brief recess.

Commissioner Schinhofen

asked Ms. Golden if she had any other witnesses or statements she would like to make.

Ms. Golden

said she had witnesses on the way. She also denied that Sugar was shot as she took very good care of her dog and would have noticed a bullet wound.

Commissioner Schinhofen

clarified a pellet gun was used, not a bullet.

Commissioner Koenig

made a motion to uphold the classification of Sugar as a dangerous dog made by Nye County Animal Control based upon the following findings and conclusions which should be entered into the minutes of the Board. The findings and conclusions were: 1. Notice was given in compliance with Nye County Code Title 6; 2. Ms. Golden was the owner of Sugar, a female pit bull; September 5, 2017 8. 10:00 For Possible Action Discussion and deliberation on an aøeal of the — — Nye County Sheriffs Office Vicious and Dangerous Dogs Classification, pursuant to Nye County Code 6.40.010, for animals located at 1330 N. Landmark Ave., Pahrump, NV. Judith Golden Appellant.-Cont’d. 3. Sugar did on July 18, 2017, without provocation, behave menacingly to a degree that would lead a reasonable person to defend him or herself against substantial bodily harm; 4. Sugar was off the premises of its owner or keeper and was not confined in a cage, pen or vehicle on July 18, 2017, based upon the testimony of Animal Control Officer Ryhal and the statement by Wesley Wallace; 5. Based upon the statement of Wesley Wallace, on July 18, 2017, Sugar did without provocation behave menacingly toward Wesley Wallace while he was in his parents’ garage by trying to attack Mr. Wallace causing him to retreat into his parents’ house to avoid attack; 6. Based on the statement of Wesley Wallace, on July 18, 2017 Sugar did without provocation behave menacingly toward Wesley Wallace whereby Wesley Wallace had to shoot the pit bull Sugar with a pellet gun to defend himself against the attack; and 7. No evidence was presented with any exception to the dangerous dog classification as set forth in Nye County Code 6.20.040.

Commissioner Koenig

amended his motion to include that based on the Board’s findings the Board concluded: 1. Sugar was a dangerous dog as defined in Nye County Code Section 6.04.030; 2. Ms. Golden was required to register Sugar as a dangerous dog pursuant to Nye County Code 6.20.060; 3. Ms. Golden must comply with the requirements for possession of a dangerous dog as stated in Nye County Code 6.20.050; and 4. Pursuant to Nye County Code 6.40.020 within ten calendar days of the date of this hearing Nye County Animal Control was to notify Ms. Golden in writing by certified mail of the Board’s determination in this matter.

Commissioner Wichman

amended her second. ACO Ryhal explained to Commissioner Cox Mr. Wallace could not be present today, but his statement was in the back-up

Commissioner Cox

said she had a question as to if both dogs viciously tried to attack him or if it was just the male, and if they were just barking or physically trying to bite him as his statement did not say that. September 5, 2017 8. 10:00 For Possible Action Discussion and deliberation on an appeal of the — — Nye County Sheriff’s Office Vicious and Dangerous Doas Classification, pursuant to Nye County Code 6.40.010. for animals located at 1330 N. Landmark Ave., Pahrump. NV. Judith Golden Appellant.-Cont’d.

Commissioner Schinhofen

said ACO Ryhal would work with Ms. Golden to help her comply. He also directed ACO Ryhal to notify the appellant of the Board’s determination in this matter. 7. 10:00 For Possible Action Discussion and deliberation on an appeal of the — — Nye County Sheriff’s Office Vicious and Dangerous Dogs Classification, pursuant to Nve County Code 6.40.010, for animals located at 1330 N. Landmark Ave., Pahrump, NV. Siobhan Golden Appellant.-Cont’d.

Commissioner Schinhofen

stated everything stated previously regarding the rules of procedure was applicable here. The appellant was not present. Animal Control Officer tACO) Susan Ryhal confirmed she had notified the owner of the dangerous classification via certified mail.

Commissioner Schinhofen

asked if she had any other documentation to present regarding the notifications or responses thereto. ACO Ryhal stated copies of those documents were in the back-up.

Commissioner Koenig

made a motion to accept the documents; seconded by

Commissioner Wichman

; 5 yeas. Angela Bello pointed out there were items in the back-up that pertained to past incidences and the Board could only consider paperwork pertaining to the August 1, 2017, incident. ACO Ryhal reviewed the incident involving two pit bulls attacking someone and how Royal and Fathead were positively identified by the victim. Constance Sloan testified she was getting ready to go to work and the female and male came charging at her snarling. She took the gate and slammed them both in the chest. They took off and went over to her neighbor’s house, but she was stuck on her property for 20 minutes and late for work because she was afraid to go out because of the dogs. September 5, 2017 7. 10:00 For Possible Action Discussion and deliberation on an appeal of the — — Nye County Sheriff’s Office Vicious and Dangerous Dogs Classification, pursuant to Nye County Code 6.40.010, for animals located at 1330 N. Landmark Ave.. Pahrump. NV. Siobhan Golden Appellant.-Cont’d.

Commissioner Koenig

made a motion to uphold the classification of Fathead and Royal as dangerous dogs made by Nye County Animal Control based upon the following findings and conclusions which should be entered into the minutes of the Board: 1. Notice was given in compliance with Nye County Code Title 6; 2. Ms. Golden was the owner of Fathead and Royal; 3. Fathead and Royal did on or about August 1, 2017, without provocation behave menacingly to a degree that would lead a reasonable person to defend him or herself against substantial bodily harm; 4. Fathead and Royal were off the premises of their owner or keeper and were not confined in a cage, pen or vehicle on August 1, 2017, based upon the testimony of Animal Control Officer Ryhal and Mrs. Sloan; 5. Based upon the testimony of Mrs. Sloan, on August 1, 2017, Fathead and Royal did without provocation behave menacingly toward Mrs. Sloan while she was attempting to open her gate on her property; 6. Based on the testimony of Mrs. Sloan on August 1, 2017, Fathead and Royal did without provocation behave menacingly toward Mrs. Sloan whereby Mrs. Sloan had to hit the dogs with the gate to defend herself from the dogs and to defend herself from substantial bodily harm; and 7. No evidence was presented with any exception to the dangerous dog classification as set forth in Nye County Code 6.20.040. Based on the Board’s findings the Board concluded: 1. Fathead and Royal were dangerous dogs as defined in Nye County Code 6.04.030; 2. Mrs. Golden was required to register the dangerous dogs pursuant to Nye County Code 6.20.060; 3. Mrs. Golden must comply with the requirements for possession of a dangerous dog as stated in Nye County Code 6.20.050; and 4. Pursuant to Nye County Code 6.40.020 within ten calendar days of the date of this hearing Nye County Animal Control was to notify Mrs. Golden in writing by certified mail of the Board’s determination in this matter.

Mr. Smith

said they had just identified their primary site and started the permitting process, which could take a year or two. They were looking at starting construction by 2020 or shortly thereafter and information would be provided to public as they went forward.

Commissioner Koenig

asked for an estimate of water usage noting the biggest use was cleaning the mirrors.

Mr. Green

explained Crescent Dunes employed a hybrid cooling system using a combination of dry and wet cooling. The proposal for Sandstone was entirely dry cooling, using significantly less water than Crescent Dunes. For planning purposed he said they were looking at around 200 acre feet per year per tower of water use, which was a conservative planning level. He noted in this basin there were water rights available from private land owners and other private sources that provided some good options.

Commissioner Borasky

mentioned the government abatement of taxes. He also pointed out the limited number of jobs that came from Nye County for the Crescent Dunes project and asked how many jobs were anticipated to come out of Nye County this time.

Mr. Smith

stated they had made a commitment on Nevada jobs and if they did not meet that level then they paid a penalty, which he thought was $750,000.00, to the County for that shortfall, but there were still a tremendous amount of jobs that came out of Nye September 5, 2017 10. 10:00 Presentation by Kevin Smith, CEO of SolarReserve and Adam Green, Director of Development, regarding an update on the company’s Crescent Dunes Solar Energy facility as well as their future Sandstone project which will be located in Nye Countv-Cont’d. County and the states. They peaked at 1,100 jobs on site, 30% to 40% of which were Nevada jobs, but it was a big facility so workers came from other areas in the region. He stated local businesses benefited from it, and 50% of the jobs were direct Tonopah hires and the employees now were residents in the Tonopah area. Mr. Smith also pointed out that despite abatements the records showed they were the number one taxpayer in Nye County.

Commissioner Borasky

asked for the number of non-U.S. citizens that worked on the original project.

Mr. Smith

said he did not have the statistics on all the workers on site and the contractors with him, but he thought 90% of the workforce was U.S. citizens, although there were some specialty international contractors brought in.

Commissioner Cox

noted that right after the Crescent Dunes plant opened there was a lot of concern about birds being killed from the heat of the mirrors. She asked if that was corrected, how many birds were lost, and how they anticipated preventing that in the future.

Mr. Smith

said there was a fair amount of press on it, but there were not really very many birds. In the last 12 month period there were 60 to 70 birds, but they were not currently experiencing any significant bird fatalities on the site.

Commissioner Cox

was concerned about the affect this would have on the ecology as well as on the environment and asked SolarReserve to do a study to see what preservation efforts they could take.

Mr. Green

advised they took the overall ecology of the area very seriously and studied it in depth to try to find the lowest impact areas to build in.

Commissioner Cox

also noted they were bringing people from Reno and Las Vegas and probably could not get workers from Tonopah, but there were people in Pahrump that could work there. She would like to see them hire more people from Nye County and also wanted to make sure all contractors and their employees were E-verified. September 5, 2017 15. 11:15 Presentation by the Division of Public and Behavioral Health Environmental Health Section as well as the Division of Environmental Protection — Bureau of Safe Drinking Water regarding Nye County Planning, Sewage Disposal System requirements and Residential Well concerns in Belmont, Nevada. Barrett Evans, Program Manager for the Environmental Health Section of the Nevada Division of Public and Behavioral Health, and Jennifer Carr, Deputy Administrator for the Nevada Division of Environmental Protection with responsibility over the water programs primarily, introduced themselves.

Mr. Evans

advised in Belmont there was one food and beverage establishment they regulated, but there were multiple sewage disposal systems they were charged with regulating and that was where the concerns in Belmont came from. They had received several complaints regarding records retention issues pertaining to those systems.

Commissioner Wichman

interjected the several complaints came from one person several times, not from several people. Besides the records retention issues, Mr. Evans said information was also brought up about systems going in that were unpermitted which raised health issues and groundwater issues. Those issues were serious to the residents of Belmont and Mr. Evans said they would like to offer some solutions that might help if that was indeed true. The first was if the Board would approve a town meeting, both agencies would proctor that meeting with the goal being to educate Belmont on the situations that may be occurring and to offer assistance to those who may need it. They would also offer evaluations on site and discuss variances for those that may need them as well.

Commissioner Wichman

said she would help facilitate a meeting with the town board.

Ms. Carr

explained NDEP regulated the commercial septic systems and public water systems, but not domestic wells for water quality. She said NDEP became involved with Belmont this year when they received concerns expressed from a resident about potential groundwater and domestic well impacts from septic systems. In late June NDEP sampled the spring at the overflow pipe along with two residences served water by that spring as well as nine other domestic well owners that volunteered. Nitrates were relatively low in the groundwater and there was no widespread imminent public health threat. However, two of the nine well locations did reveal the presence of bacteria and E-coli. Ms. Carr said they immediately contacted the well owners with the results and worked with their Nye County partners to provide guidance to the well owners. The community spring also returned E-coli results, so conversations were had with Nye County and guidance was provided on the options to communicate with the public about the water quality in that spring.

Commissioner Wichman

said as a result of NDEP’s communications she believed the town chairman closed off the spring for the holiday. September 5, 2017 15. 11:15 Presentation by the Division of Public and Behavioral Health Environmental Health Section as welt as the Division of Environmental Protection — Bureau of Safe Drinking Water regarding Nye County Planning, Sewage Disposal System requirements and Residential Well concerns in Belmont, Nevada.-Cont’d.

Ms. Cart

said they had some ideas of what could be done to continue to help Belmont, including working with Nye County on the Belmont Saloon’s commercial septic system. Regarding the Belmont spring, she said they would like to teach out to the property owners who may have a spring connection for domestic use and make an official determination as to whether or not there was a regulatory oversight requirement for NDEP. They felt the best way to approach that was to have NDEP, the Bureau of Health Protection Services and the Division of Water Resources attend a town meeting together to discuss the results obtained and offer all three agencies’ assistance with GPSing well heads and septic system infrastructures as well as providing GIS mapping services if the community so wished. PLANNINGIBUILDINGICODE COMPLIANCE

Commissioner Koenig

made a motion to approve 32a and 32b and reminded everyone they were required to come back to the Board in another month to let the Commissioners know how they were doing; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted no. September 5, 2017

Commissioner Koenig

made a motion to approve MM-2017-000047 and MM-2017- 000046; seconded by Commissioner Wichman.

Commissioner Borasky

stated he would vote no on recreational as it was still illegal on the federal level.

Commissioner Cox

was not present. TIMED ITEMS-Cont’d. 9. 10:00 For Possible Action Discussion and deliberation pursuant to Nye — — County Code 17.04.860 J-N regarding a show cause hearing on nuisance conditions located at 1281 S. Blagg Rd. to determine: 1) if a nuisance still exists on the property; or 2) if there is no nuisance associated with the property; and 3) possible direction to staff to abate andlor remove nuisance. Amanda Van Houten, Code Compliance Officer, advised Wells Fargo had secured a lock on the front door, but this morning when she checked on the property the front door was taken off of its hinges and the back door was open. September 5, 2017 9. 10:00 For Possible Action Discussion and deliberation pursuant to Nye — — County Code 17.04.860 J-N regarding a show cause hearing on nuisance conditions located at 1281 S. Blagg Rd. to determine: 1) if a nuisance still exists on the property; or 2) if there is no nuisance associated with the property; and 3) possible direction to staff to abate and!or remove nuisance.-Cont’d.

Commissioner Wichman

made a motion to abate this property and make sure the lien was placed against the property for all debt incurred in the abatement; seconded by

Commissioner Koenig

. Angela Bello advised the Board needed to find whether a nuisance existed.

Commissioner Wichman

amended her motion to determine that this was a nuisance based on staff’s observation and claims and directed staff to abate it and make sure a lien was placed against the property; Commissioner Koenig amended his second.

Ms. Bello

stated for the record that the person for the show cause hearing was a no- show.

Commissioner Wichman

asked Ms. Drevdahl to check into resurfacing a road in the Hadley subdivision of Round Mountain.

Commissioner Schinhofen

said last year a performing arts building was mentioned and he would get with the Pahrump Arts Council.

Ms. Drevdahl

stated she did e-mail the Performing Arts Council to see if they were interested, but she had not heard back and would follow up. She also spoke with Pahrump Parks and Recreation and they were interested in creating a performing arts center as well. They were working on some ideas and were supposed to get back to her this week. September 5, 2017 12. 10:45 For Possible Action Public Hearing discussion and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2017-16: a Bill proposing to amend Chapter 3.20 of the Nye County Code titled 9-1-1 Taxing District; amending Definitions; amending Establishment of Advisory Committee; amending Duties of the 9-1-1 Advisory Committee; amending Imposition of Surcharge; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

made a motion to adopt with an effective date of September 25, 2017; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Koenig

made a motion to adopt and set an effective date of September 25, 2017; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing.

Commissioner Borasky

asked where the fee schedule was. Lorina Dellinger said she would provide a copy to him.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 16. General road report by Public Works Director Tim Carlo, Public Works Director, had nothing to add to the report, but said up north there was extensive patching being done to the Belmont road and lone along with major flood repair. Down south they were getting back on their normal maintenance routine. Cothmissioner Borasky asked what Mr. Carlo was going to do about all the roads that would need to be rebuilt in the next few years, especially on the south end of town.

Mr. Carlo

advised a plan was being put together through the RTC. The 1993 Lumos study would be updated to outline the major arterials and put a maintenance value to them. The RTC already instructed Mr. Carlo to look at a few avenues of funding and put together a maintenance/rehabilitation plan for a lot of those roads.

Commissioner Schinhofen

commented that Pahrump Valley Boulevard was out to bid. John Bosta complimented the road staff on the paving done from Highway 273 to the town hail in Amargosa. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. BOARD OF COMMISSIONERS 18. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 19. 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. This item was removed from the agenda. 20. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. September 5, 2017 21. For Possible Action Discussion and deliberation regarding the submittal of a nominee for possible appointment by the Governor to the Board of Directors of the Nevada Clean Energy Fund (SB407 from the 2017 Legislative Session).

Commissioner Wichman

made a motion to nominate Lorina Dellinger to fill the position; seconded by Commissioner Koenig.

Mrs. Dellinger

accepted the nomination.

Commissioner Wichman

made a motion to appoint Laura Taylor and James Osburn; seconded by Commissioner Koenig; 5 yeas. 23. For Possible Action Discussion and deliberation pursuant to NRS 244.360(5) to: 1) direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on August 23. 2017, regarding Assessor Parcel Number 039-382-1 3, 21 W. Rudy Road, Pahrump, Nevada; and a) determine and specify a reasonable time for the person to abate said nuisance; and b) direct the District Attorney to bring legal proceedings for abatement of said nuisance if the notice to the person responsible fails to abate said nuisance; OR, in the alternative 2) pursuant to NRS 244.360(1) and 244.360(2), direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint.

Commissioner Koenig

made a motion to direct the District Attorney to notify the person responsible for the nuisance to abate the nuisance set forth in the complaint received by the County Clerk on August 23, 2017, regarding Assessor Parcel Number 039-382-13, 21 W. Rudy Road, Pahrump, Nevada, and specified 30 days to abate said nuisance; seconded by Commissioner Wichman; 5 yeas. DISTRICT ATTORNEY 24. For Possible Action Discussion and deliberation to: 1) consider recognizing the Nye County Association of Sheriff’s Supervisors as the collective bargaining unit for Lieutenants and above in the Sheriffs Office; and 2) direction to the District Attorney to negotiate a collective bargaining agreement with this unit if recognized. This item was removed from the agenda. September 5, 2017 TREASURER 25. Treasurer’s Report The report was in the back-up. COUNTY MANAGER 26. For Possible Action Discussion and deliberation regarding an Interstate Interlocal Contract between Nye County and the Division of Public and Behavioral Health, Community Health Services Program to provide services for nursing, tuberculosis and sexually transmitted diseases to Nye County. This item was removed from the agenda. FINANCE 27. Presentation regarding the budget status through July 2017 for Nye County Fiscal Year 2018 budget projections; and review of Fiscal Year 2017 audit timeline and financial reporting. Savannah Rucker explained the back-up contained the budget to actual revenue report for FY18 through July 31, 2017, as well as the departmental breakdown. She advised her office was currently dealing with a year-end issue and the August report should reflect that correction. Ms. Rucker said moving forward she would report quarterly on all funds that her office prepared the budget for so there would be additional back-up in the coming meetings. 28. For Possible Action Discussion and deliberation to adopt. amend and adopt, or reiect Nye County Resolution No. 2017-75: a Resolution to close Nye County

District Attorney Bad

Check Program Fund.

Commissioner Koenig

made a motion to adopt Nye County Resolution No. 2017-75; seconded by Commissioner Wichman; 5 yeas. HEALTH & HUMAN SERVICES 29. For Possible Action Discussion and deliberation regarding a Contract for Services with Consolidated Agencies of Human Services to transport USDA commodities to remote areas of Nye County including the Yomba Indian Reservation, lone and Gabbs.

Commissioner Wichman

asked where the funds for this would come from and if it was budgeted as the agenda form did not provide that information. Lorina Dellinger advised it was budgeted as it had been in the past. September 5, 2017 29. For Possible Action Discussion and deliberation regarding a Contract for Services_with_Consolidated Agencies of Human Services to transport USDA commodities to remote areas of Nye County including the Yomba Indian Reservation, lone and Gabbs.-Cont’d.

Commissioner Wichman

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

Commissioner Koenig

pointed out the language that stated to return it to Shirley Trummell. HIR AND RISK MANAGEMENT 30. For Possible Action Discussion and deliberation to fill a vacant Food Service Worker Position #05005-002 in the Sheriff’s Office effective November 14, 2017 due to the position being vacated on August 16, 2017.

Commissioner Koenig

made a motion to fill vacant food service worker position #05005- 002 in the Sheriffs Office and waive the 90 days; seconded by Commissioner Wichman; 5 yeas. 31. For Possible Action Discussion and deliberation to fill a vacant Sergeant Position #81012-023 in the Sheriffs Office as a Deputy Sheriff effective December 23, 2017 due to the employee resigning September 1, 2017. The Sergeant position will be filled internally via a promotion.

Commissioner Koenig

made a motion to fill a vacant sergeant position #81012-023 in the Sheriff’s Office and waive the 90 days; seconded by Commissioner Wichman; 5 yeas. SENIOR SERVICES

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. September 5, 2017 PUBLIC PETITIONER

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of (2 ,2017. f,air Nye Coun Clerk I Deputy Item #24 Ammie Nelson 9/5/2017