November 7, 2017

Commissioner Wichman

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

Commissioner Koenig

read the proclamation into the record. Paula Gibson from the Daughters of the American Revolution in Pahrump said they would present the proclamation on the Board’s behalf to the American native community at the Powwow. 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 Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board of Trustees for the Pahrump Pool District regular meeting on October 3, 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. November 7, 2017 6. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)

Commissioner Borasky

advised he was looking at running for Nye County Treasurer next year.

Commissioner Koenig

explained item 21 was removed from the agenda because the Ruud Center would be used this year. There would be an agenda item at the next Pahrump meeting to decide where stuff could be set up, but this item would also be brought back in case there was a need for a special election. On the issue of volunteers to support the EMS system throughout the County,

Commissioner Wichman

said if anyone could think of an idea on how to inspire volunteerism she was all ears. She said she had put aside all of her other duties and liaison positions and had worked non-stop on trying to attract a method by which to get money into Nye County so the EMTs could be paid. She had future meetings planned with the Department of Defense and the Department of Energy, and she would also enlist Savannah Rucker’s help to see as things got better in Nye if some funding could be redirected to emergency services.

Commissioner Schinhofen

said over the last year as he traveled on County business he tried at the state and federal levels to encourage them to find funds to help the situation. He also encouraged everyone to interface with the local hospital district board. He then advised that on Veterans’ Day the VFW would have their ceremony at 11:00 a.m. at the yEW, and he knew the DAV event would be that evening also. Tim Sutton advised Tim Carlo, Public Works Director, would not be present for the road report.

Commissioner Cox

said the DAV event would be at 4:00 p.m. at the Chief Tecopa Cemetery. TIMED ITEMS 7. 10:15 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 2017-79: a Resolution authorizing a Medium-Term Obligation for the purpose of purchasing new ambulances for Nye County Ambulance Service.

Commissioner Koenig

made a motion to adopt Nye County Resolution No. 2017-79; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing. Danielle Drevdahl, Grants and Contracts Manager, explained the request was to enter into a medium term obligation for the purpose of purchasing three new ambulances. November 7, 2017 7. 10:15 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 2017-79-Cont’d. The $100,000.00 donation would be used toward the first one, and the medium term obligation was not to exceed $200,000.00 per ambulance for two. Vance Payne, Emergency Services Director, reminded everyone of the recently totaled ambulance and said the fleet was in pretty bad condition overall with the newest unit being 12 years old.

Commissioner Schinhofen

asked for an estimate of how many square miles that covered

Mr. Payne

said transports of 350 or 400 miles were not out of the ordinary. John Bosta stated the County did not have a fire district; therefore, the Board had no authority over fire departments or ambulances. He said in 2011 the Legislative Counsel Bureau (LCB) ruled that emergency management did not satisfy the conditions of a fire district and the Board had no authority. In 2003 Mr. Payne and Mr. Bosta wrote an ordinance and gave it to the County, but it was not acted on because the County would not raise the taxes to finance the fire district or the ambulances. In 2017 Commissioner Frank Carbone talked to the Legislature on Assembly Bill 281 and requested the word “shall” be changed to “may” such that the County could adopt a fire district and not increase taxes, but at this time the County had no authority to purchase or run ambulances.

Commissioner Wichman

explained that normally grants could be attracted for the equipment and supplies, but it was extremely difficult to find a grant to pay for payroll. She also pointed out the County could not raise taxes as it was at the cap.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

asked Angela Bello about Mr. Bosta’s statement regarding the authority to run ambulances.

Ms. Bello

believed the Board had that authority and said she could provide a detailed opinion on that.

Commissioner Cox

asked where the accident happened, if insurance paid for the damage, and whether the ambulance was salvageable.

Mr. Payne

advised the ambulance struck a boulder in the toad while traveling on Route 6 over Montgomery Pass on a return trip from the Northern lnyo Hospital in Bishop, California. He believed the insurance paid $14,300.00, but the vehicle was a total loss.

Commissioner Koenig

made a motion to adopt Nye County Resolution No. 2017-80; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR 11. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License to Stateline Saloon, located at 4415 S. Highway 373, Amargosa Valley, NV. Matt Rudich Applicant. Janice Maurizio from the Sheriff’s Office explained this item could not be approved at this point because she had still not received the health certificate, although she had all other documentation. She said she would put it on the agenda for the next meeting.

Commissioner Koenig

made a motion to continue this item to the next meeting; seconded by Commissioner Schinhofen; 6 yeas. 12. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License to Karma’s Saloon, located at 2730 N. Blagg Road, Pahrump, NV. Richard Herzog Applicant. Janice Maurizio advised all was in order and she would like to make it a permanent license instead of a temporary license as everything had been received.

Commissioner Schinhofen

noted it was agendized as a temporary. November 7, 2017 12. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License to Karma’s Saloon, located at 2730 N. Blaqq Road, Pahrump, NV. Richard Herzoq Applicant.-Cont’d.

Commissioner Borasky

suggested making it temporary this week and bringing it back in two weeks for the permanent.

Commissioner Koenig

made a motion to approve a temporary retail liquor license and bring it back to the next meeting for the permanent; seconded by Sheriff Wehrly.

Commissioner Schinhofen

asked if this was currently open. When Mrs. Maurizio advised it was not, Commissioner Schinhofen said he wanted to make sure that they got their work cards within 60 days, otherwise they were gone.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation regarding a Lease Agreement between the Town of Pahrump and the Disabled American Veterans, Pahrump Chapter (DAV) to lease the Pahrump Town Annex building located at 270 N. Highway 160, Pahrump for $1.00.

Commissioner Koenig

made a motion to approve the lease agreement; seconded by

Commissioner Cox

wondered if the back-up she was just handed was the same as the original back-up. Pam Webster explained the revised back-up was just to fix some typos and formatting. There were no substance changes.

Commissioner Koenig

made a motion to reject the bid due to lack of competition and being out of the estimated projected cost range; seconded by Commissioner Wichman.

Commissioner Schinhofen

asked if there was a way to lower the scope. November 7, 2017 14. For Possible Action Discussion and deliberation to accept or reject any or all bids and provide direction to staff regarding Bid #2017-02 Kellogg Park Improvements.-Cont’d. Matt Luis, Pahrump Buildings and Grounds Manager, said they were working with the engineers to see what the difference was in the projected costs in the bids and he was sure they would go after it again.

Commissioner Schinhofen

asked Mr. Luis to express to the Parks Board that the Commission was still supportive of this.

Commissioner Wichman

made a motion to approve accepting the status, applying for the grant, and signing the MOU; seconded by Commissioner Koenig. John Bosta pointed out the concern stated on page 4 regarding the groundwater constituting the only supply of water in the Brownfields communities as well as the statement on page 7 regarding the County supporting domestic wells. He then referred to page 13 where it talked about Brighifields and asked what that was. November 7, 2017 9. 10:45 For Possible Action Presentation, discussion and deliberation — — regarding: 1) the status of the Rural Desert Southwest Brownfields Coalition (RDSBC); 2) approval to apply for grant funding in the amount of $1,000,000 to the US Environmental Protection Agency for a Brownfields Coalition Revolving Loan Fund (RLF) Grant to expand the Brownfields RLF Program to issue loans and subgrants for cleanup activities at Brownfields sites in the Coalition iurisdiction. Match in the amount of $200,000 is required and will be generated from Nye County personnel and fringe contributions, private contributions from loan and subgrant recipients for cleanup and redevelopment, and other qualifying “in kind” match; and 3) approval to sign a Memorandum of Agreement in support of the ongoing partnership between the RDSBC.-Cont’d.

Commissioner Cox

said she was concerned with the match of $200,000.00 as that money had not been approved. She thought this item should come back when that $200,000.00 was pinned down. Danielle Drevdahl explained there were different items that could be used to come up with the match that were in-kind rather than cash, such as personnel time or waiving tipping fees.

Mrs. Dellinger

advised Brighifields was defined by the Department of Energy as solar projects on contaminated land to attract opportunities for solar development.

Commissioner Wichman

explained this was money the town collected to do this and since they were an advisory board the Board of County Commissioners had to ratify it.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. November 7, 2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS 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. 16. For Possible Action Approval to accept a subgrant award from the Nevada Department of Health and Human Services, Division of Public and Behavioral Health to fund the Women, Infants, and Children (WIC) Clinics in Pahrump and Tonopah. WIC is a federally funded program providing nutrition education information to participants, a food delivery system, and facilitating the delivery of health services to participants in the program. Subgrant award is in the amount of $201,469.00. This subqrant shall be administered out of Fund 10340 Grants and there is no County match required. Subgrant period of time is October 1,2017 through September 30, 2018.

Commissioner Koenig

made a motion to approve consent; seconded by Commissioner Wichman; 5 yeas. 17. For Possible Action Approval to accept two grant extensions for the CDBG Senior Nutrition Van award. Grant Extension #1 Grants a three (3) month extension through September 30, 2017. Grant Extension #2 Grants a three (3) month extension through December 31, 2017.

Commissioner Koenig

made a motion to approve consent; seconded by Commissioner Wichman; 5 yeas. BOARD OF COMMISSIONERS 21. For Possible Action — Discussion and deliberation to amend the Nye County Property Use Policy. This item was removed from the agenda. November 7, 2017 22. For Possible Action Discussion and deliberation regarding 1) determining Nye County Cooperating Agency Status for Upcoming Greater Sage-Grouse Land Use Plan Amendment Process; 2) scoping Comments on Upcoming Greater Sage-Grouse Land Use Plan Amendment Process; 3) designate point person and team for communications with Bureau of Land Management (BLM), and to compile information to provide to BLM and to work through plan amendment issues as information comes up throughout the process; and 4) direct staff draft and send the Cooperating Agency request letter, to be signed by the Chair of the Board of County Commissioners.

Commissioner Wichman

explained the administration pulled back the regular sage grouse plan put through by BLM and Fish and Wildlife and told them to go back to the drawing board. This was an opportunity to be at the table with those new plans.

Commissioner Wichman

said she would be honored to represent Nye County as the point of contact; however, the staff help she was looking for would be NACO staff as they were already working on this issue.

Commissioner Koenig

made that motion and recommended making Commissioner Wichman as the point person and NACO the rest of the team; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

said she believed Darrell Lacy, Planning Director, had already worked on a letter to send. CLERK 23. For Possible Action Discussion and deliberation regarding an Interlocal Contract between Nye County and the Secretary of State to assign to the County all of its right, title and interest in the Sequoia Election Equipment purchased for Nye County with the proceeds of a federal grant in 2004. Sam Merlino explained the State always owned the election equipment and was turning it over to the counties so they could get reimbursement when the new equipment was bought.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. November 7, 2017 DISTRICT ATTORNEY 24. For Possible Action Discussion and deliberation to 1) Amend the sunset provision within Resolution 2016-57, which merged the townships of Pahrump and Beatty a) from January 1, 2019 to December 1, 2017 and determine how to fill the vacancy that will exist on the date the sunset provision takes effect; b) retain the date of the sunset provision and determine how to fill the vacancy that will exist on the date the sunset provision takes effect; c) change the date of the sunset provision to a future date chosen by the Board and determine how to fill the vacancy that wilt exist on the date the sunset provision takes effect; or d) remove the sunset provision; and 2) all other matters related thereto. This item was removed from the agenda. TREASURER 25. Treasurer’s Report The report was in the back-up. COUNTY MANAGER 26. For Possible Action Discussion and deliberation to consider terminating the lease with Life Guard International, Inc. for leased space at the Tonopah Airport and medical transportation. Lorina Dellinger said in August the notice of intent was sent and no response had been received. Due diligence had been done and it was now at the point in the contract terms to terminate.

Commissioner Wichman

made a motion to terminate the lease; seconded by

Commissioner Koenig

. Tim Sutton asked if a stipulation could be added that it was subject to the District Attorney’s approval.

Commissioner Wichman

amended her motion to terminate the lease subject to the District Attorney’s approval; Commissioner Koenig amended his second; 5 yeas. 27. For Possible Action Discussion and deliberation to call in the performance bond in order to complete the infrastructure improvements related to the lshani Ridge subdivision, due to failure of the developer to complete the improvements within the timeframe as required by the Subdivision Improvement Agreement.

Commissioner Koenig

made a motion to start the process to pull the bond; seconded by

Commissioner Wichman

. November 7, 2017 27. For Possible Action Discussion and deliberation to call in the performance bond in order to complete the infrastructure improvements related to the Ishani Ridge subdMsion, due to failure of the developer to complete the improvements within the timeframe as required by the Subdivision Improvement Agreement Cont’d.

Commissioner Schinhofen

stated he opposed this about six years ago, but he was assured something was going to be done. Nothing had been done and he supported this move. John Bosta asked if there was enough left on the bond to do the necessary work at today’s cost without any additional cost to the County. Tim Sutton said there were several options. Since they failed to complete the improvements the County now had the authority to call in the bond, but Mr. Sutton did not know if the money would be sufficient to do that. The bond company offered to come out and complete the improvements in lieu of the bond payment. Mr. Sutton said the Board would be updated as the process progressed. John Bosta noted they had three years to complete the work. He wondered when they did not complete the work who in the County oversaw that the bond would be called in 2010. He then pointed out there were many development agreements with similar types of actions, but there was no one watching to see if the agreements were completed in a timely fashion. Mr. Bosta suggested looking into all of the agreements as most of them had bond issues.

Mr. Sutton

stated it was incorrect the County did nothing to respond to the development agreements that were in default. The economy crashed in 2010 and at the time the Board was not inclined to call the bonds in. Leo Blundo thanked the Commissioners for looking for other avenues and finding money to make repairs in town.

Commissioner Cox

asked how much money was left in the bond.

Mr. Sutton

believed the remaining bond amount was either $3.5 million or $4.5 million, but he would get back to her on the exact numbers as he believed a percentage had been released.

Commissioner Cox

asked if someone could confirm that money would cover what needed to be done. Darrell Lacy said there was $3.9 million left after returning 25% of the original bond. There was approximately 33% of the infrastructure remaining with 75% of the money left, so the estimate was there would be plenty of money. Also, Mr. Lacy advised that November 7, 2017 27. For Possible Action Discussion and deliberation to call in the performance bond in order to complete the infrastructure improvements related to the Ishani Ridge subdivision, due to failure of the developer to complete the improvements within the timeframe as required by the Subdivision Improvement Agreement.- Co nt’ d. this subdivision was under a bankruptcy procedure for many years and during that time the bond could not be called. Pam Webster confirmed for Commissioner Cox that the people were notified this would be on the agenda today.

Commissioner Wichman

questioned seeing this now instead of next year as the earliest term expiration date was 2019. Brad Adams, IT Director, stated his understanding that they were each two year terms and this had not been in place for a couple of years. He was not sure why the terms expired at different times, but he was ratified to the board a few months back.

Commissioner Wichman

made a motion to approve and designate the terms as laid out in the agenda item; seconded by Commissioner Koenig.

Commissioner Cox

asked if this was advertised or if it needed to be advertised to the public, to which Mr. Adams replied no and explained members were appointed by the Board.

Commissioner Wichman

made a motion to approve if that agreement was signed and completed; seconded by Commissioner Koenig. November 7, 2017 29. For Possible Action Discussion and deliberation regarding the potential use of the County owned property located at 3504 Siebert Mountain Court, Ionopah, NV.-Cont’d. Lorina Dellinger asked to add direction to the motion to bring back a lease agreement to coincide with agreements happening with the hospital district.

Commissioner Wichman

amended her motion to approve if that agreement was signed and completed and to have a lease agreement brought back to coincide with agreements happening with the hospital district; Commissioner Koenig amended his second. Pam Webster asked if that could be made a use agreement instead of a lease agreement.

Commissioner Wichman

amended her motion to approve if that agreement was signed and completed and to have a use agreement brought back to coincide with agreements happening with the hospital district; Commissioner Koenig amended his second; 5 yeas. FINANCE 30. For Possible Action Discussion and deliberation regarding approval to join the Interlocal Contract for Cooperative Purchasing with HGAC Buy for the purpose of purchasing three (3) Ambulances from Braun Northwest, Inc.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Cox

asked if this was advertised to any other companies and if it was a bid. Danielle Drevdahl explained the County was using a purchasing authority, so it was an interlocal agreement similar to what was done with the tasers and body cameras. This item was to enter into an interlocal agreement so the County could piggyback on those purchases. Ron Fernandes, Logistics Officer for Nye County Emergency Management, was present to answer questions. John Bosta again raised the fire district issue.

Commissioner Wichman

made a motion to approve entering into the agreement and the cost as outlined in the agenda item; seconded by Commissioner Koenig. Vance Payne, Director of Emergency Services, expressed his gratitude to the Finance Department.

Commissioner Koenig

made a motion to approve the staffing addition in Human Resources and fill the position of accounting secretary part-time with benefits which he understood would be absorbed into the budget and there would be no budget increases necessary; seconded by Commissioner Wichman; 5 yeas. INFORMATION TECHNOLOGY 33. For Possible Action Discussion and deliberation regarding approval of a Service Agreement with MimoWorks Internet for internet service in the Tonopah Justice Court. Brad Adams explained this was a DSL line off of the Nye County network. It was a limited service the Tonopah Justice Court had used internally since 2013 and this was just changing providers.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. November 7, 2017 PLANNINGIBUILDINGICODE COMPLIANCE 34. For Possible Action Discussion and deliberation regarding WV-2017-000059: a request to approve a temporary waiver from strict compliance minimum security requirements until site is in full operation, for the marijuana cultivation establishment located at 1340 W. Highway 372, Pahrump, NV. Assessor Parcel Number 036-381-02. Evelyn Tooley, Trustee, Tooley Family Trust Property— Owner. GWGA, LLC Applicant. Sandra Tiffany Agent. — —

Commissioner Schinhofen

said he met with the applicant who said she was not looking for a waiver at this point if the caretaker’s quarter was okay. Darrell Lacy advised when the initial inspection was done they were found to be deficient in several areas, including 24/7 on-site security. Ms. Tiffany submitted the request to waive that requirement, but since that time she acquired a travel trailer and had people on site so the 24/7 security was covered.

Commissioner Koenig

made a motion to deny the waiver; seconded by Commissioner Wichman. Sandra Tiffany said she was in compliance by getting the temporary permit for a watchman’s quarters, which fulfilled the 24/7 security. However, she encouraged the Board to think about the security requirements in Nye County. She had a fence with barbed wire on it, electronic gates, outside/inside cameras, card access, staff all day until 8:00 p.m. or 9:00 p.m., and there was no cash in the facility. She wanted to see some flexibility in the future on security as it did not make sense to have that kind of security for an empty building. She suggested having camera monitoring 24/7 instead. John Bosta supported the motion to deny this request. He thought moving a temporary trailer onto a piece of property was in violation of the Pahrump town ordinance prohibiting living in an RV on a lot.

Commissioner Wichman

made a motion to enter into the contract with Atkins North America, execute the contract, and fund from 10340, Grants, and 10402, Special Projects; seconded by Commissioner Koenig; 5 yeas. November 7, 2017 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.

Commissioner Koenig

made a motion to recess the meeting; seconded by

Commissioner Wichman

; 5 yeas. 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. The closed meeting was held. 20. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of ,2017. tycerk/Deputy