December 19, 2017

Commissioner Cox

asked that her comments be inserted verbatim under item 9 on page 10 of the November 21, 2017, minutes. December 19, 2017 4. For Possible Action Discussion and deliberation of the minutes of the joint meeting of the 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 the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board of Trustees for the Pahrump Pool District regular meeting on November 21, 2017 and teleconference on November 30, 2017.-Cont’d.

Commissioner Koenig

made a motion to approve with the addition of Commissioner Cox’s comments; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

stated her computer was a tool which she needed for work and when she was at the meeting she used nothing but her agenda and back-up on it. As far as her phone, she said she would not turn it off in case of an emergency, but she did not use it for any other reason.

Commissioner Schinhofen

said on January 19, 2018, he would meet with Ivory Lyles, the head of the Cooperative Extension, to talk about his funding as well as the possibility of providing services to the whole County, not just Pahrump. He would then have an agenda item to discuss what could be done and how so the public knew.

Commissioner Koenig

wished everyone a Merry Christmas and a Happy New Year. He then pointed out there was no on/off button on his laptop so he did not know what to do.

Commissioner Borasky

thought John Bosta had a great idea. He told the County Manager he would like to sponsor an agenda item to prevent all Commissioners from keeping electronic devices on the dais and requiting members of the public to leave theirs in a box as well. He wished everyone a Merry Christmas and Happy New Year. December 19, 2017 6. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Wichman

also wished everyone a Merry Christmas. Sam Merlino advised that the two week period to file for justice of the peace would begin January 2, 2018. Beatty, Tonopah and Pahrump justices of the peace were open. Candidates were required to bring in a photo ID plus proof of residence and pay a $100.00 filing fee. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. BROTHEL

Commissioner Schinhofen

commented that was past the 60 day deadline.

Mrs. Maurizio

said he passed all inspections. The 60 days was to see if something happened according to the October 3, 2017, meeting.

Commissioner Wichman

said she made the renewal of the license contingent upon him being open in 60 days and he said on the record his intention was to open it in 60 days. Since it was not open it was automatically revoked 60 days after she made that motion according to County Code Section 9.20.110.8. Marc Risman stated this license had been with this holder six or more years and if it was going to be revoked it should be done so with a notice and an order to show cause. Angela Bello also believed an order to show cause was appropriate. She said there was some confusion on the record as to what the motion was. A motion prior to that made on other brothels was expressly conditional and was to come back to the Board for an update. She suggested playing the video on this one to see whether that was an absolute condition or not. She added that automatic revocation was not under the brothel code.

Commissioner Wichman

read the Commission meeting summary dated October 3, 2017, regarding the brothel license renewal for Mabel’s. In the action taken it specifically stated “conditionally approve the brothel license renewal for Mabel’s LLC December 19, 2017 16. For Possible Action Discussion and deliberation regarding Brothel License renewal for Mabel’s, LLC., dba Dennis Hof’s Cathouse located in Crystal, NV for the second quarter of FYI8.-Cont’d. dba Dennis Hof’s Cathouse for 60 days wherein the establishment was required to open and become operational or the license would be revoked.” Commissioner Wichman did not think anyone misunderstood that as Mr. Hof said on the record he would open it in 60 days.

Commissioner Schinhofen

made a motion to uphold the action of the Board which gave him 60 days or it went away.

Mr. Risman

suggested the Board follow the recommendation of the District Attorney, although he felt it would be easier and less burdensome on the Board to grant a waiver for the two business days they were late in opening the business.

Commissioner Wichman

asked when it opened.

Mrs. Maurizio

said it open on December 6, 2017, the date the inspection was done.

Commissioner Wichman

pointed out she had been by there three times since then and no one from the public would be able to go up to the door and see the business was open.

Mrs. Maurizio

said she had not been there, but she understood there was a sign on the door that said to make arrangements. Darrell Lacy, Planning Director, said he reviewed this with the Building and Safety Department as a complaint was received from the fire protection company about this business that indicated there were some problems. Mr. Lacy said an inspection was done, but at the time it was not operating. The only certificate of occupancy was for the bar and they had not been invited to come back and do an inspection on the rest of the building to allow it to open.

Commissioner Schinhofen

restated his motion to have a show cause hearing so the same things could be said again and the license could be revoked; seconded by

Commissioner Koenig

. Herman Lewis pointed out there was a long history of agreements that had expired and consideration was given to those people. He said Dennis Hof had been a good member of the community and to shut him down and make him go through the re-licensing procedures would be somewhere in the neighborhood of $40,000.00, which was an unfair burden to put on him. Mr. Lewis asked the Board to show a little compassion and give him a chance to work it out. December 19, 2017 16. For Possible Action Discussion and deliberation regarding Brothel License renewal for Mabel’s, LLC., dba Dennis Hofs Cathouse located in Crystal, NV for the second quarter of FYI 8.-Cont’d. John Bosta stated by closing this operation the Board was putting people out of work in a small community.

Commissioner Wichman

said it had never been open.

Mr. Bosta

thought it was totally unfair to put $40,000.00 on a person and it was clear to him that the Board was going after Mr. Hof because he signed up to run against James Oscarson in District 36. He felt this was a personal vendetta to eliminate Mr. Hof’s business. Dwight Lilly thought revoking this person’s license upon a technicality would be a negative move. He noted that in development agreements where circumstances had kept them from getting going, which was what happened here in a sense, the Board took the opportunity to have them get a re-approval of the development agreement. Mr. Lilly hoped the Board would see some common sense here and give some reprieve for this business owner who was just trying to run a business, make money, employ people and pay taxes.

Commissioner Wichman

said she had no vendetta against anyone, but she did have an issue with individuals who did not follow the Code, including staff. Speaking directly to the accusation that this was somehow a vendetta because he was running for office, Commissioner Schinhofen pointed out Mr. Hof had a history of waiting to the last minute to comply with directives. As far as Commissioner Schinhofen was concerned the license was not there anyway, but to satisfy legal the motion was to have a show cause hearing.

Commissioner Koenig

said he seconded the motion because of the recommendation by the District Attorney and he did not like to see things automatically happen. He also had absolutely no vendetta against Mr. Hof, but this had to come to an end sooner or later. Regarding the concerns about putting people out of work, as far as Commissioner Koenig knew this brothel had not been open so there was no one to put out of work. He stated he wanted to get through this at the next meeting and if Mr. Hof wanted to sit down and have a discussion with him that was fine.

Commissioner Cox

said she would support this as it was approved by the District Attorney, but if it were up to her she would say give him an extension of time. She had yet to hear Mr. Hof say he would not open the brothel and thought he needed to send someone to meet with Mr. Lacy to line out what needed to be done. Commissioner Cox also wondered why he was being told he needed to do things that were required in Pahrump as he was not in the town. December 19, 2017 16. For Possible Action Discussion and deliberation regarding Brothel License renewal for Mabel’s, LLC., dba Dennis Hofs Cathouse located in Crystal, NV for the second quarter of FYI 8.-Cont’d.

Commissioner Borasky

asked when the show cause hearing could be scheduled and if the District Attorney would have enough time.

Ms. Bello

advised the Sheriff would send out a charging document. They would then have time to answer that, so it would be a minimum of ten days. Tim Sutton noted the next meeting was January 2, 2018, which should give enough time, or January 16, 2018, if that was not enough time.

Commissioner Borasky

reminded everyone when a show cause hearing was held people would address the Chair or the District Attorney and outbursts were not allowed. He warned if anyone got out of control he would ask them to leave the room.

Mr. Sutton

advised there would not be enough time to have it on January 2, 2018, so it would have to be on January 16, 2018. 13. For Possible Action Discussion and deliberation regarding Brothel License renewal for the Western Best, LLC., dba Chicken Ranch Brothel located in Pahrump, NV for the second quarter of FY18.

Commissioner Schinhofen

was not present.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 4 yeas. 14. For Possible Action Discussion and deliberation regarding Brothel License renewal for Mid Valley Enterprises, LLC., dba Sheri’s Ranch located in Pahrump, NV for the second quarter of FY18.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. December 19, 2017 15. For Possible Action Discussion and deliberation regarding Brothel License renewal for Cherry Patch, LLC., dba Love Ranch Brothel located in Crystal, NV for the second quarter of FY18.

Commissioner Schinhofen

stated while he was not looking to close this immediately, his motion would be to have a show cause hearing on this. The biggest issue with this properly, besides still having signs up on BLM property that were illegal as they were off his property, was Code Section 9.20.200.B. That section stated it was illegal to expand the use of the building or to operate off of the parcel that was listed on the application. The listed parcel was number four. Next to that was the County road right-of-way where the trailers were moved to and hooked up, so he was currently operating outside the Code by having any business on any parcel other than that one. Commissioner Schinhofen said he could not in good conscious continue to vote to renew a properly that he knew was deficient and in violation of the Code.

Commissioner Schinhofen

made a motion to have a show cause hearing; seconded by

Commissioner Borasky

asked to have it held the same day as the other one.

Commissioner Koenig

made a motion to renew the license; seconded by Commissioner Wichman; 5 yeas. The Board took a brief recess. LIQUOR

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wich man; 5 yeas. December 19, 2017

Commissioner Schinhofen

said he had still not seen a health certificate or a safe drinking water certificate.

Commissioner Borasky

advised he went in and talked to the manager who assured him that everything was in order and that would not happen again. Mike McNerny was present on behalf of Tatuado Wiidside along with General Manager Mike Tunis. Mr. McNerny said he understood all certificates were current, which Mr. Tunis and staff confirmed. Staff showed Commissioner Schinhofen the certificates he asked for. Mr. McNerny advised the certificates were on the wall.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Wichman

said she would prefer to not see a motion to ratify an illegal action taken in the past and asked if Commissioner Schinhofen would restate his motion to reinstate.

Commissioner Schinhofen

withdrew his motion; Commissioner Koenig withdrew his second.

Commissioner Schinhofen

made a motion to reinstate the license as of today; seconded by Commissioner Koenig. Maria Zlotek recommended that the motion be to ratify the action which was the reinstatement of the license based on it being suspended.

Commissioner Koenig

withdrew his second.

Commissioner Schinhofen

withdrew his motion.

Commissioner Schinhofen

made a motion to ratify the reinstatement as of today.

Ms. Ziotek

pointed out the reinstatement happened on November 17, 2017, so that action had to be ratified.

Commissioner Schinhofen

said that action was illegal.

Ms. Ziotek

explained that action could be ratified by the Board. December 19, 2017 19. For Possible Action Discussion and deliberation to ratify the reinstatement of the permanent Liquor License of Vince Neils’s Tatuado Wildside, located at 2101 E. Gamebird Road, Pahrump, NV 89048. Mr. Michael Tunis is the Manager. Cont’d.

Commissioner Schinhofen

withdrew his motion.

Commissioner Wichman

made a motion as a corrective action to reinstate this business’s license and if the District Attorney wanted to see that as ratifying the decision made without foflowing the Code that was great.

Ms. Ziotek

requested a clean motion of corrective action to ratify the reinstatement.

Commissioner Wichman

restated her motion, as a corrective action, to reinstate the permanent liquor license and if that was seen as a ratification of actions taken outside of the Code then so be it; seconded by Commissioner Borasky; 4 yeas. Commissioner Schinhofen voted no.

Commissioner Koenig

made a motion to ratify the reinstatement of the permanent liquor license; seconded by Commissioner Cox.

Commissioner Wichman

said she would like the motion to state this was a corrective action.

Commissioner Schinhofen

asked if the Board voted in the affirmative then it was okay that it was reopened without the Board’s approval. Maria Ziotek said the motion was to ratify the action taken.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Wichman

made a motion to approve the parcel map subject to the conditions outlined in the conditions of approval and also to approve both waivers a and b; seconded by Commissioner Koenig; 5 yeas. PUBLIC PETITIONER

Commissioner Wichman

said she signed on as an endorser for this law and agreed to do this because it protected the victims so they were notified when perpetrators were allowed out on bail or when they were released on parole or probation. December 19, 2017 54. For Possible Action Discussion and deliberation regarding Nye County Proclamation No. P2017-10: A Proclamation in Support of Marsy’s Law for Nevada.-Cont’d.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. Sean Fligmore thanked everyone for their support.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE 52. For Possible Action Discussion and deliberation to consider and make a recommendation to the Director of the State of Nevada Governor’s Office of Energy on the Sunshine Valley Solar, LLC tax abatement application. The Nye County Board of County Commissioners must vote to approve or deny the application for Sales and Use Tax Abatement and Property Tax Abatement within 30 days of receipt of the application.This isa proposed 100 MW solar photovoltaic power plant in Amargosa Valley with an estimated construction cost of $ 80,000,000. Assessor Parcel Number 019-131-11. Applicant Sunshine Valley Solar, LLC. Contractor First Solar Electric, LLC. Property Owner DeLee Family Partnership. Darrell Lacy explained this was a 100 megawatt project in Amargosa that had been working for several years. They signed a development agreement with the expectation of a tax abatement at the appropriate time.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. John Bosta asked what the projected tax to the Town of Amargosa would be based on an $80 million construction cost; would the Governor’s Office of Energy hold a public hearing in Amargosa; and did the Amargosa area plan need to be updated. He recommended the Board have a hearing in Amargosa Valley on how the area plan applied to this item. Mr. Bosta submitted his statement for the record [affachedJ.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Koenig

asked the motion include that they do a merger-resub.

Commissioner Borasky

amended his motion to approve and that they had to do a merger-resub; seconded by Commissioner Koenig. John Bosta asked which master plan was being amended as it was not stated.

Commissioner Schinhofen

advised it was Pahrump’s.

Mr. Bosta

asked if a public hearing had been held to comment on that change as required by the master plan.

Mr. Lacy

explained this was the public hearing to support the master plan amendment. He added one letter in opposition to this was received and confirmed for Commissioner Koenig that a heating was held at the RPC.

Commissioner Cox

asked if this was being done for speculation only or if he had a buyer and set plans. Henry Neth advised the applicants were going to build the property themselves. December 19, 2017 11. 11:00 — For Possible Action:-Cont’d. ha. Public Hearing, discussion and deliberation on MP-2017-000007-Cont’d. lib. Public Hearing, discussion and deliberation on ZC-2017-000018-Cont’d.

Commissioner Cox

said she was concerned with the car wash as the town was so short on water.

Commissioner Koenig

made a motion to approve, execute the contract and fund from 25101; seconded by Commissioner Wichman. John Bosta said he did not recognize the location of this park.

Commissioner Schinhofen

said it used to be called Honeysuckle Park. It was now Ian Deutch Park on Honeysuckle and Dandelion. In response to Commissioner Cox, Savannah Rucker explained the bid was advertised on the Web site and in the paper pet NRS. Pahrump electrical vendors were also called for this particular job to let them know there was a bid available. She said they were going above and beyond to stir up interest in projects, but only one bid was received from Industrial Light.

Commissioner Koenig

asked if this was the skatepark or if that was yet to come. Matt Luis from Pahrump Buildings and Grounds said the skatepark was yet to come. He added that while only one bid was received that bidder also did two other projects in Pahrump that had competitive bids.

Commissioner Koenig

asked if it would be cheaper if he did the skatepark at the same time he did the park. December 19, 2017 25. For Possible Action Discussion and deliberation to: 1) Award Bid 201 7-04 — — lan Deutch Park Lighting Project to Industrial Light and Power, LLC. The amount of the bid is $410,550.00; 2) Execute the contract; and 3) Fund from 25101 Town of Pahrump General Fund.-Cont’d.

Mr. Luis

said they did look at that, but since a separate transformer was needed for the skatepark it could not be done.

Commissioner Borasky

asked Mr. Payne if he had talked to the Governor’s office about some support on this and the issue of not having better hospital care in Tonopah.

Mr. Payne

said he had not, but he knew the Governor was aware of the situation.

Commissioner Wichman

said she had staff look into redirecting some of the money from the fuel tax to help support the local EMS, but that could not be done without changing the law.

Mr. Payne

told Commissioner Borasky that the State EMS licensed and monitored the local EMS. They would offer help if the County knew what its end game would be. The State EMS could also help negotiate contact with other agencies that were licensed in the State that may or may not have an ability to assist Nye County. HIR AND RISK MANAGEMENT 50. For Possible Action Discussion and deliberation to fill a vacant Deputy Chief Treasurer Position, #17009-001 in the Treasurer’s Office effective April 30, 2018 due to the employee retiring effective December 29, 2017.

Commissioner Koenig

made a motion to fill the deputy chief treasurer position #1 7009- 001 in the Treasurer’s Office effective immediately; seconded by Commissioner Borasky; 5 yeas. December 19, 2017 BOARD OF COMMISSIONERS 35. 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 go to closed session; seconded by

Commissioner Borasky

; 5 yeas. 36. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. The Board was in a closed meeting. 37. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Koenig

made a motion to issue an outdoor festival license to the Pahrump Chamber of Commerce for the balloon festival; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Koenig with an effective date of January 8, 2018.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 12. General road report by Public Works Director Tim Dahl from Public Works discussed the Homestead project. There were no delays seen for the future, although there would not be much activity through the holidays with the exception of some dust control and maintaining any situations that arose on the surface.

Commissioner Borasky

asked Mr. Dahl to either ask the Sheriff’s Department to go by there once in a while or something to address the speeding and dust issues on Homestead. He had also received complaints about overwatering and potholes, including the ones on Kellogg from the gas station east that seemed to be growing. He asked Mr. Dahl to address those. December 19, 2017 12. General road report by Public Works Director-Cont’d.

Commissioner Wichman

asked how long it would take to get signs up on the highways coming into Nye County.

Mr. Dahi

said that depended on N DOT’s interpretation of the signs and the locations the County would recommend for placement. He said he had been in contact with the engineer in the Tonopah area, who asked for an exhibit. After Mr. Dahi provided that it would be up to NDOT.

Commissioner Wichman

asked Mr. Dahi to offer her assistance to the engineer.

Commissioner Koenig

asked what the completion date in the contract was for Homestead.

Mr. Dahi

said it was a 90 day contract.

Commissioner Koenig

asked when the crack filling started to please be sure to get Harris Farm Road done.

Commissioner Cox

said the corner of Dandelion and Unicorn was getting worse by the day and asked if there were any plans for that.

Mr. Dahi

said no, but they could put it on the future plans.

Commissioner Cox

advised the red light on top of the stop sign at the corner of Vicki Ann and Thousandaire was turned sideways, and on Twilight near Falcon there was a big mesquite bush growing out in the right-of-way close enough to scratch cars. She asked Mr. DahI to address those.

Commissioner Schinhofen

reminded Mr. Dahi of the bamboo on Homestead and Manse.

Commissioner Wichman

asked Mr. Dahi to please follow up with her on the NV Energy right-of-way through Mount Moriah Cemetery.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. December 19, 2017 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 22. For Possible Action — Discussion and deliberation regarding a request to waive Pahrump arena use fees for ten (10) days for the non-profit community club Pahrump Valley Rough Riders.

Commissioner Koenig

made a motion to waive the arena use fees for ten days for the non-profit community club Pahrump Valley Rough Riders; seconded by Commissioner Borasky; 5 yeas. 23. For Possible Action Discussion and deliberation regarding a request to waive Pahrump arena use fees for seven (7) days for the non-profit community club Nevada Western Heritage.

Commissioner Koenig

made a motion to waive the arena use fees for seven days for the non-profit community club Nevada West Heritage; seconded by Commissioner Borasky; 5 yeas. 24. Committee Reports There were none. 26. For Possible Action Discussion and deliberation to authorize the Nye County District Attorney to pursue legal action for the recovery of monies owed by Wecom, Inc. for the use of the Town of Pahrump’s telecommunication tower.

Commissioner Koenig

made a motion to authorize the Nye County District Attorney to pursue legal action for the recovery of monies owed by Wecom, Inc.; seconded by

Commissioner Cox

asked how much was owed. Maria Zlotek advised the calculations at this point would put any potential lawsuit in district court which started at $12,000.00 or above.

Commissioner Cox

wondered about the cost of litigation versus the amount owed.

Commissioner Koenig

made a motion to appoint Terry Janke, Dma Williamson-Erdag, and Richard Goldstein; seconded by Commissioner Cox; 5 yeas. December 19, 2017 28. For Possible Action Discussion and deliberation to appoint one (1) alternate member to the Pahrump Tourism Advisory Committee due to one (1) vacancy.

Commissioner Borasky

made a motion to appoint Ambrose Kroetsch; seconded by

Commissioner Koenig

; 5 yeas. 29. For Possible Action Discussion and deliberation to appoint five (5) members to the Parks and Recreation Advisory Committee due to five (5) expiring terms.

Commissioner Borasky

made a motion to appoint David Harris, Jaydee Webb, Gary Thompson, Helen Schneider, and Kathleen Nancy Roth; seconded by Commissioner Koenig; 5 yes. 30. For Possible Action Discussion and deliberation to appoint two (2) members to the Pahrump Public Lands Advisory Committee due to two (2) expiring terms.

Commissioner Ccx

made a motion to appoint Bob Adams and Rick Tretter; seconded by Commissioner Koenig; 4 yeas. Commissioner Schinhofen voted no. 31. For Possible Action Discussion and deliberation to appoint two (2) members to the Pahrump Arena Advisory Committee due to two (2) expiring terms.

Commissioner Cox

made a motion to appoint Frey Scot Tibbits and Steven Chase; seconded by Commissioner Koenig; 5 yeas. 32. For Possible Action Discussion and deliberation to appoint Tim Sutton as the Pahrump Town Manager.

Commissioner Koenig

made a motion to appoint Tim Sutton as town manager; seconded by Commissioner Borasky; 5 yeas. 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. 33. For Possible Action — Approval of Elected Official Collection Report.

Commissioner Koenig

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 5 yeas. December 19, 2017 34. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday. March 20, 2018 in Pahrump, Nevada.

Commissioner Koenig

made a motion to approve the consent agenda items; seconded by Commissioner Borasky; 5 yeas. CLERK 38. For Possible Action Discussion and deliberation to appoint one (1) member to the Amargosa Valley Town Board due to one (1) resignation.

Commissioner Koenig

made a motion to appoint Trevor B. Dolby to the Amargosa Town Board; seconded by Commissioner Borasky; 5 yeas. COUNTY MANAGER 39. For Possible Action Discussion and deliberation for approval of an Amendment to the Interstate Interlocal Contract between Nye County and the Department of Health and Human Services, Division of Public and Behavioral Health (DPBH) for the purpose of DPBH to provide funding for medical records management for Nye Regional Medical Center records.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 5 yeas. 40. For Possible Action Discussion and deliberation regarding an agreement between Nye County and Shelley Krohn for the purpose of Nye Regional medical records disposition.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 41. For Possible Action Discussion and deliberation to reappoint four (4) members to the Peace Officer Advisory Review Board due to four (4) expiring terms.

Commissioner Koenig

made a motion to appoint to the Peace Officer Advisory Review Board Thomas Mazzola, Kent B. Mosdale, Donald Rust and Ben Zamora; seconded by

Commissioner Cox

said she did not see it advertised.

Commissioner Koenig

said it was and he saw it in the paper twice. December 19, 2017 41. For Possible Action Discussion and deliberation to reappoint four (4) members to the Peace Officer Advisory Review Board due to four (4) expiring terms.-Cont’d.

Commissioner Wichman

made a motion to maintain what they got in July; seconded by

Commissioner Borasky

; 5 yeas. 43. For Possible Action Discussion and deliberation to 1) adopt, amend and adopt or reject Nye County Resolution No. 2017-89: a Resolution Adopting the Comprehensive Economic Development Strategy (CEDS); and 2) submit the CEDS to the U.S. Department of Commerce, Economic Development Administration.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Borasky. John Bosta said he noticed the document in the back-up was a very old draft and thought some of the comments about Amargosa Valley needed to be updated. Tim Sutton explained the original document went back to 2012 and this was the required five year update.

Commissioner Wichman

advised Mr. Bosta to take it to his town board so they could make recommendations to the Board of County Commissioners to update the document.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. December 19, 2017 FINANCE 46. For Possible Action Presentation regarding the budget status through November 2017 for Nye County Fiscal Year 2018 budget projections. Savannah Rucker reviewed the budget to actual revenue report through November 30, 2017. Revenue collections at this point were in excess of the FYI 7 levels. By January

Mrs. Rucket

anticipated having enough data from FY18 to provide preliminary projections on how she thought the year would end.

Ms. Rucker

then discussed the departmental budget status report. She had explanations for all of the overages, but one department that was concerning her was the Sheriffs Office. She asked the Sheriff to have a representative from her department come today, but unfortunately the Sheriff and Lieutenant Boruchowitz were very ill and would speak at the next meeting. 47. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2017-88: a Resolution to Create the Foreclosure Mediation SB490 Services Fund.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. HIR AND RISK MANAGEMENT 48. For Possible Action Discussion and deliberation to fill a vacant Bailiff Position, #87001-001 in the Pahrump Justice Court effective immediately due to the employee being terminated on November 20, 2017.

Commissioner Koenig

made a motion to fill the vacant bailiff position in the Pahrump Justice Court effective immediately; seconded by Commissioner Cox; 5 yeas. 49. For Possible Action Discussion and deliberation to fill a vacant Detention Technician Position, #05003-003 in the Sheriffs Office effective December 23, 2017 due to the employee resigning effective December 14, 2017.

Commissioner Koenig

made a motion to fill the vacant detention technician position in the Sheriff’s Office effective December 23, 2017; seconded by Commissioner Cox.

Commissioner Borasky

commented that there seemed to be an awful lot of people resigning resulting in the County re-training others. He asked if that was being tracked in the budget. Savannah Rucker said it was. She explained when the Board gave the Sheriff the authority to fill the positions before seeing out the accruals that would be an increase to the augment to that department because of something outside of its control. December 19, 2017 49. For Possible Action Discussion and deliberation to fill a vacant Detention Technician Position, #05003-003 in the Sheriff’s Office effective December 23, 2017 due to the employee resigning effective December 14, 2017.-Cont’d.

Commissioner Wichman

asked Danelle Shamrell if she tracked turnover rates within departments.

Mrs. Shamrell

said it was done annually at the beginning of the fiscal year, but she could tell the turnover in a specific department.

Commissioner Wichman

asked for those rates, specifically in the Sheriffs Office.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of ,2012’. air Nye Cou1ty Clerk / Deputy L2Jqt(1 I downloaded the last B0CC meeting. You can see Dan receives a cell phone text while Donna is speaking on Item No. 3. He did not inform the Public that he received a text and he did not provide the subject of the text. During a telecomference meeting I believe this is an Open Meeting Violation. Page 34, § 4.05 Telephone conferences/video conferences. Nothing in the Open Meeting Law prohibits a quorum of the members of a public body from deliberating toward a decision or taking action on public business via a telephone conference call or video conference in which they simultaneously are linked to one another telephonically. However, since this is a “meeting,” the notice requirements of the Open Meeting Law must be complied with, and the public must have an opportunity to listen to the discussions and votes by all the members through a speaker phone or video conference equipment. This may be accomplished by including in the meeting notice the location and address of a place where members of the public may appear and listen to the meeting discussion over a telephone speaker device or other electronic media. See Del Papa v. Board of Regents, 114 Nev. 388, 956 P.2d 770 (1998) for a discussion regarding the applicability of the Open Meeting Law to a public body’s use of telephones, fax machines, and other electronic devices to deliberate and/or take action. Although a telephone conference may be a lawful method of conducting the public’s business, it never should be used as a subterfuge to avoid compliance with the Open Meeting Law and its stated intent that the actions of public bodies are to be taken openly and their deliberations conducted openly. NRS 241.016(4). And Page-35 § 4.06 Electronic polling NRS 241.016(4) specifically provides that electronic communications must not be used to circumvent the spirit or letter of the Open Meeting Law in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction, or advisory powers. This statute applies to telephone polls (unless done as a part of an open meeting as discussed above) and to polls by facsimile or e-mail. It is my opinion that all electronic devices, lap tops and cell phone must be turned off by the BoCC members during the meeting pursuant to the following. California’s Brown Act is the Open Meeting Law. Text Messages: A series of cell phone text messages that lead to a collective concurrence violates the Brown Act • Text messages sent to council members during an open meeting are secretive because members of the public are not privy to the content of the text message • If a group text message or a series of text messages include a majority of the board or council members and relate to the deliberations at hand, then the board or council has violated the Brown Act July 16, 2013 Illinois Official Reports-Appellate Court; City of Champaign v. Madigan, 2013 IL App (4th) 120662: Electronic communications sent and received during city council meetings from members of the council and the mayor pertaining to public business while the council members are functioning as a “public body” are subject to the Freedom of Information Act (FOIA) and defendant newspaper reporter was entitled to have such communications disclosed pursuant to his request, but the trial court erred in granting defendants’ request for attorney fees, since defendants pursued their claim under section 9.5 of the Act by requesting a binding opinion from the Attorney General’s Public Access Counselor, rather than a court action under section 11 of the Act, and section 9.5 does not provide for an award of attorney fees. 2014 NEVADA’S OPEN MEETING LAW; 2014 Legislative Amendments--2014 OML_44_ppt-training-slide; slide 36; Privacy vs. public records Here’s another example of a (FOIA) request for personal texts, email and twitter records: A reporter for newspaper filed a FOIA request with City of Champaign seeking “All electronic communications, including cell phone text messages, sent and received by members of the city council and the mayor during city council meetings. Request specifically applied to both city issued and personal cell phones, and city issued or personal email addresses and Twitter accounts. City of Champaign v. Madigan, --- N.E. 2d ---, 2013 IL App. (4th) 120662 (July 16, 2013) •1-1 Jicdir This is a proposed 100 MW solar photovoltaic power plant in Amargosa Valley with an estimated construction cost of $80,000,000. Assessor Parcel Number 019-131-11. Applicant Sunshine Valley Solar, LLC. Contractor — —First Solar Electric, LLC. Property Owner DeLee Family Partnership 1. What is the projected tax revenue for the Town of Amargosa Valley based upon $80,000,000? Discussion and deliberation to make a recommendation and allow the County Manager or designee to provide a letter and by testimony for a public hearing by the State of Nevada Governor’s Office of Energy. This hearing by the Office of Energy will approve or deny the partial tax abatement as provided in NRS 701A. 2. Will This public hearing be held in Amargosa Valley? The County will proceed with review and a possible amendment(s) to the Amargosa Valley Area Plan beginning in January, 2014 to be completed over the course of six (6) months. 3. Is the Ama rgosa Town Board required to update the area plan and have the B0CC approve the plan and incorporate the plan into the Nye County Comprehensive Plan as required in the Development Agreement?