June 5, 2018

Sheriff Wehrly

was not present at this time.

Commissioner Koenig

responded not under public comment. Susan Gresham felt it was imperative that it be done not only for the town but for the generations. Don Cox did not see where brothels would stop Pahrump from growing and disagreed with the churches getting involved in this as church and state were not supposed to mix. He said he supported the brothels and hoped they stayed. Melissa Murphy also asked the Board to put the brothel issue on the ballot. She said she ran the Safety House for Women and described a situation involving a young woman who was kicked out of a brothel because she did not have enough “parties.”

Ms. Murphy

said people were much more important than money and taxes and young women needed to be taken care of in a proper way, not working in brothels. Harley Kulkin felt all the rules and regulations in place now were what kept businesses out. Regarding the brothels, Mr. Kulkin asked what would happen if those people did not have a place to go to work like that. He thought they would hang around the major businesses like they did in Las Vegas. If people wanted to work in the brothels then Mr. Kulkin felt it should be done in an environment that protected the citizens and the community. June 5, 2018 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont'd. Zach Hames asked that the Commissioners not speak about moral issues or include morals in the issue as every person’s moral compass was different. He reminded the Board that Dennis Hof only owned one bordello in Pahrump and wondered why he was being targeted. He was glad the item was pulled off of the agenda. Leo Marchetti said he was running for Fifth District County Commissioner. He had been going house to house explaining to the people who opposed the brothels that property and sales taxes would have to go up to make up for the loss of income. He said the brothels paid a lot of money in taxes and did not hurt the economy or people of Pahrump or Nye County.

Sheriff Wehrly

was present. Kevin Sutehall, appearing on behalf of Sheri’s Ranch, said !egal brothels accounted for hundreds of thousands of dollars in terms of fees, work cards and taxes. They employed many Nye County citizens who were not sex workers and supported other local businesses. The financial impact of brothels on the County's gross regional product had been reported to be in excess of $7 million, and for every brothel job at least eight or more other jobs were supported. It had been discussed that there was an increase in crime and violence, but women working in brothels reported less violence than illegal prostitutes, especially in the highly regulated environment in which they operated. Generally the decriminalization of prostitution was known to decrease rape and STDs from spreading. Mr. Sutehall stated they agreed with the opposition to the Commission putting this initiative on the ballot

Commissioner Wichman

said on page 4 of the May 1, 2018, minutes, the second paragraph under item 10 should read Pabio Canyon “and” Belmont, not Pablo Canyon in” Belmont.

Commissioner Wichman

made a motion to approve with those corrections; seconded by

Commissioner Cox

; 4 yeas. June 5, 2018 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

made a motion to approve the work plan; seconded by

Commissioner Koenig

said wildlife vehicle collisions had been a hot button on his agenda for a while and he had brought it up to NDOT several times in the past. He said he had members of the community volunteer to pay for the signs wanted, which were similar to what they had in Las Vegas with the lights. They also bought solar powered lights for nighttime. He said Harris Farm Road and Highway 160 was a good example of where a sign was needed.

Mr. Bonner

said NDOT was looking at that with the wildlife vehicle collision study, which included cattle and horses and should be finished in the next month or two. NDOT looked at all corridors in the State and prioritized the top 20 where fatalities and crashes were happening. Each district would then have their top ten priority corridors as well and NDOT would come back and do a presentation on that if the Board liked.

Commissioner Wichman

mentioned the flashing lights on Highway 150 between Silver Springs and Carson City and said those would be helpful.

Commissioner Cox

was concerned about the shoulders on the highway from Basin out to US95. Some places got some done, but others had nothing done, and she would like to see that addressed since a lot of lives had been lost there also.

Commissioner Borasky

mentioned the lack of left turn lanes going out of businesses on SR160. There had been so many accidents around the Wal-Mart there in the last year June 5, 2018 7. 10:15 — For Possible Action — Presentation, discussion and deliberation by the Nevada Department of Transportation for consideration of and possible acceptance of the Nevada Department of Transportation’s upcoming Fiscal Year Work Program-Cont'd. it was unbelievable. Also, coming up Homestead onto SR160 north there should be two left turn lanes as the traffic really backed up in the morning.

Commissioner Cox

said there were street lights in the Wal-Mart area that belonged to the State and it would probably behoove the County to get those lit at night. That would possibly help stop some of those accidents and she would like the Highway Department to take that on.

Mr. Bonner

explained that generally NDOT installed the traffic lights and had maintenance agreements with the County to maintain those, but he would check into that agreement.

Commissioner Koenig

cpened the public hearing. Charies Watkins, the complainant, said they had been putting up with this for three months now and he was glad the Board was hearing it. He explained the people knocked on his door back in January and said they were interested in buying the property next door. Mr. Watkins told him what he knew about it and they seemed pretty nice. Mr. Watkins had a conversation with the gentleman a few days later who said he was moving a travel trailer onto the property. He had a really loud generator, but told

Mr. Watkins

he would build a pad in the middle of the property and put the generator out there to not disturb the Watkinses. Later he moved it about 25 feet from Mr. Watkins’ door and began running the generator day and night. Mr. Watkins confronted him and told him he needed to move it, but he did not. Mr. Watkins then noticed black water all over the ground and discovered the neighbor was making a make-shift septic system about 25 feet from Mr. Watkins’ well. Mr. Watkins told him he could not do that and the gentleman ignored him. Mr. Watkins called Code Enforcement, but nothing was done. He then called the State Board of Health, after which Code Enforcement came out and issued a cease and desist order. The man then moved his trailer back to the 25 foot mark and started running his generator night and day. Finally the Sheriff's Office wrote a Citation. June 5, 2018 8. 10:45 — For Possible Action — Public Hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 4270 Majestic View, Pahrump, Nevada, and adopt, amend and adopt, or reject Resolution 2018-25: A resolution finding the existence of public nuisance conditions, or Resolution 2018-26: A resolution finding public nuisance conditions do not exist-Cont’d.

Commissioner Koenig

closed the public hearing.

Mr. Watkins

confirmed for Commissioner Wichman that the septic dumping stopped when Code Compliance issued the cease and desist order.

Commissioner Koenig

asked where they were dumping it now.

Mr. Watkins

said a couple times in the past they had dumped it at a neighbor's house that they were currently house sitting.

Commissioner Wichman

explained to Mr. Watkins that it was a very fine line that the Commissioners used in order to establish a public nuisance and they did not rule on any cases that were considered a private nuisance. She said the only item Mr. Watkins mentioned in the complaint that could be considered a public nuisance was the dumping of the septic tank and if that was remedied then she did not see a public nuisance.

Mr. Watkins

pointed out that NRS 288 did not mention public nuisance. It said if a nuisance complaint was filed with the Nye County Commissioners it shall be set and heard and it did not distinguish between public or private.

Commissioner Koenig

reopened the public hearing. Harley Kulkin said he had discussed this with the Watkinses and had seen the pictures. He felt the nuisance law overrode any other law. He also pointed out there were laws about noise so if the generator was running all night that was a public nuisance.

Commissioner Koenig

re-closed the public hearing.

Commissioner Wichman

asked if her understanding of the nuisance complaints and laws was correct. Tim Sutton advised he looked under the definition section of NRS 244 and it indicated that nuisance activity meant any other activity, behavior or conduct defined by the Board to constitute a public nuisance. Angela Bello stated her belief that NRS 40.140 was developed by case law to make the clear distinction between public and private. There were certain nuisances by Code, but she did not believe this complaint was brought under the Code. June 5, 2018 8. 10:45 — For Possible Action — Public Hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 4270 Majestic View, Pahrump, Nevada, and adopt, amend and adopt, or reject Resolution 2018-25: A resolution finding the existence of public nuisance conditions, or Resolution 2018-26: A resolution finding public nuisance conditions do not exist-Cont’d.

Mr. Watkins

pointed out Title 17 specifically said excessive noise on one’s property was a nuisance and failure to comply with zoning regulations was a nuisance. He filed a complaint with Code Enforcement and heard nothing back from them, which was why he came to the Board.

Commissioner Wichman

told Mr. Watkins that for the complaints he had, other than the sewage disposal, he needed to contact the Sheriff's Office and continue talking with Code Compliance. It was Commissioner Koenig's opinion that until this person actually put a septic system in it was a public nuisance.

Commissioner Wichman

was not sure the Board had the jurisdiction under a nuisance complaint to require him to put a septic on his property when he was just in a travel trailer.

Commissioner Wichman

made a motion to find there was not a public nuisance and adopt Resolution 2018-26; seconded by Commissioner Borasky.

Commissioner Cox

asked if he indicated he was going to build a house on the slab.

Mr. Watkins

said specifically for the trailer and the gentleman said he would eventually look into building a home. Mr. Watkins added there was no power, sewage or water on the property.

Commissioner Cox

said she would consider it a nuisance too if she had to live like that and asked if Code Enforcement had issued a citation.

Mr. Watkins

said they gave a cease and desist order from dumping contamination on the ground. He said his original complaint also complained about the noise, which Title 17 gave them jurisdiction for, and they had done absolutely nothing.

Ms. Bello

explained there were certain nuisances defined in the County Code which could be handled by the Code Enforcement. The private nuisances could also be addressed through Code Enforcement and that was where Mr. Watkins needed to go. Planning Director Brett Waggoner, who also oversaw the Code Enforcement Division, advised this was being addressed by Code Enforcement and a citation was issued on June 5, 2018 8. 10:45 — For Possible Action — Public Hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 4270 Majestic View, Pahrump, Nevada, and adopt, amend and adopt, or reject Resolution 2018-25: A resolution finding the existence of public nuisance conditions, or Resolution 2018-26: A resolution finding public nuisance conditions do not exist-Cont’d. May 75, 2018, for the violation of the septic system. The Code violations were cited since it was a code enforcement issue, but the noise nuisance was not.

Mr. Watkins

repeated the noise nuisance was a Code violation under Title 17.

Commissioner Wichman

told Mr. Watkins to call the Sheriff's Office about the noise.

Commissioner Wichman

made a motion to reject Nye County Bill 2018-03; seconded by

Commissioner Koenig

opened the public hearing. John Bosta pointed out if this was a change to the comprehensive plan there were no workshops held in the local communities.

Commissioner Koenig

advised workshops were held in every community. Horace Carlyle thought the SUP section had more merit than it had negative and felt the Board had to look at the whole of Nye County. Dwight Lilly said he appreciated the motion to reject this. Harley Kulkin also agreed with rejecting the bill. Durk Pearson, a Tonopah resident, felt this would have been an economic disaster for Tonopah and the other small towns as it would eliminate a great deal of flexibility and add a lot of cost and a huge amount of uncertainty to open new businesses. He liked the motion too. June 5, 2018 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-03-Cont’d. Erika Gerling thanked the Board for considering the town's comments and for the motion. Jackie Freeman agreed with the motion and asked to not have it back on the agenda. Zuzanna Kukol said she supported the measure to reject the bill and would like to get rid of zoning in Pahrump, especially animal zoning. Ramsey Kline, speaking on behalf of himself and his family, thanked the Board for the rejection. John McCormick, general manager of the Mizpah Hotel, thanked the Board for the rejection. Trish Rippie also appreciated the motion to not approve this and noted this was not the first run at the rurals the Planning Department had made in the last couple of years.

Commissioner Wichman

said there had been situations in other parts of Nye County since 2015. Had this been in place for a business coming into Beatty there would have been an opportunity through the town board to place conditions on the building. In the other areas, especially Smoky Valley and Monitor Valley, there were a number of oil and gas leases that were being jet by the BLM. People were afraid that fracking was going to be unregulated on federal land and cause issues with the groundwater. She personally also opposed this, especially on federal land.

Commissioner Koenig

felt this ordinance cut down too deep and sitting here now he realized he was not in Pahrump. He directed staff to sit down with each of the towns and see if there was some sort of a scaled down, town-specific model of this that would control certain things. If not, then leave them alone.

Commissioner Cox

said this also had to be looked at from a financial point of view and the cost of enforcement. She suggested all of the towns that had legitimate town boards write their own resolutions for their own problems.

Commissioner Koenig

opened the public hearing. Dwight Lilly said he did not know who was driving the Planning Department to come up with the changes in Title 17. He believed they were discriminatory and created special conditions in areas where there were two different classes of people. He pointed out there were subdivisions if people wanted to live in a certain controlled homeowners association environment or they did not have to come here at all. John Bosta hoped any restriction placed on manufactured housing was also put on stick built housing. If not, that was discriminating against manufactured housing. Gerald Schulte said he had 40 years experience in this industry and not one time had Planning Director Brett Waggoner contacted him. Mr. Schulte saw discrimination and

Mr. Waggoner's

bias all over this. He felt Mr. Waggoner was discriminatory against manufactured homes. Mr. Schulte stated ever since Mr. Waggoner had been Planning Director and they challenged one of his rulings at the counter there was retaliatory action from his office. Mr. Schulte pointed out NRS 278 was not even mentioned in the bill and that was the NRS that the State came up with to stop discrimination against manufactured homes. Manufactured homes were never discriminated against in Nye County and Mr. Schulte did not understand why Planning was trying to fix something that was not broken. Angela Bello advised her office looked at the legislative history behind this and the law clearly set out that the Board could not adopt regulations that discouraged or impeded the construction or provision of affordable housing. NRS 278.02095 said that the governing body shall adopt standards for the placement of manufactured homes and laid out those standards. It also stated the governing body of a local government in a county with a population of less than 45,000 may adopt standards that were less restrictive. Ms. Bello then advised this needed to pass because the law passed in 2011 that obligated this Board to pass some standards and they had never been set. Debra Strickland agreed with the need to set standards, but would like the Board to reject or rewrite these. She pointed out there were four major items addressed in this — the six year rule; the soils versus other kinds of conditions that needed to be met for being set; the in-ground set; and conversion. Each one of those items needed to be looked at closely because a conversion to real property enabled the title to go away but disabled people from being able to get the lending that they could get. June 5, 2018 10. 11:00 — For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-07-Cont’d. Shawn Jablonski said she worked at Factory Home Center as the office manager. She had issues with some of the things in this bill and thought it should be rejected as written. First, Mrs. Jablonski explained for every home which had to be converted to real property there were certain types of lending that did not tie the land to the home and for some people that was their only option. This would take that option away. Second, the requirement that in every zoning district the home had to be backfilled within 12 inches of the floor elevation meant the County was demanding every home be installed as an in-ground set and that was costly. For someone on a budget that took away affordable housing. The only exception to that listed was if it was in a designated FEMA flood zone and the Planning Director would make that determination, although

Mrs. Jablonski

thought an engineer should determine that.

Ms. Bello

said Title 17.04.905 had a general grandfathering clause so any existing homes would not be subject to these regulations.

Sheriff Wehrly

asked if there was a provision in this document for land owned by one person with a trailer or manufactured home owned and titled to someone else.

Commissioner Koenig

said he did not think so.

Commissioner Koenig

closed the public hearing.

Commissioner Borasky

also thought there needed to be a rewrite. He said a few standards were needed, but what he saw in the ordinance was overboard. The soils issue was a huge problem and he said he would support getting rid of the soils report and let the property owners know they could buy one themselves if they wished.

Commissioner Borasky

thought someone from the District Attorney's Office should also be in on the rewrite to advise on the absolute necessities.

Commissioner Cox

said she also would like to see this rewritten and have someone from the Building Department included in that along with Mr. Schulte and someone who knew a lot about the financing. If some kind of restrictions were needed Commissioner Cox said she would like to see a committee put together.

Commissioner Cox

made a motion to reject; seconded by Commissioner Borasky; 3 yeas. Commissioner Wichman voted no.

Commissioner Wichman

explained she voted against the motion because it was required by law and it had taken seven years to get this done. The Board was in recess until 1:30 p.m.

Commissioner Borasky

was not present. June 5, 2018 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

said 25 mph speed limit signs were needed on the arterial streets for the roundabouts because people were speeding. Public Works Director Tim Dahl explained when NDOT designed that intersection they dictated the speed coming into the roundabout from all directions, but he would get some signs out there and get it addressed at all of the roundabouts. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. LIQUOR

Commissioner Koenig

made a motion to issue a temporary retail liquor license pending completion of the application for a permanent license; seconded by Sheriff Wehrly; 4 yeas.

Commissioner Koenig

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 award the bid for the fire and rescue refurbishment of two American la France pumpers to Firetrucks Unlimited, execute the contract and fund from 25101; seconded by Commissioner Cox. In response to several questions from Commissioner Cox about the age of the trucks and mileage, Fire Chief Scott Lewis advised both trucks were purchased in 2003 and delivered in 2004. They were the first apparatus the Town of Pahrump had designed and acquired new. While they only had approximately 50,000 or 60,000 miles on them, Chief Lewis said they had significant hours on them and sometimes the hours meant June 5, 2018 13. For Possible Action — Discussion and deliberation to: 1) Award Bid 2018-01 — Pahrump Fire and Rescue Refurbish of two (2) American la France Pumper’s to Firetrucks Unlimited. The amount of the bid is $556,906.00; 2) Execute the contract; and 3) Fund from 25101 Town of Pahrump General Fund-Cont'd. more. He absolutely believed they were worth putting this money into as the cost to replace them would be triple the cost to refurbish. Savannah Rucker added that for this particular project the Board approved $700,000.00 to be paid out of the Town of Pahrump capital to revamp fire services. The bid came in at $556,000.00, which confirmed what Chief Lewis stated about how these pumpers were prime candidates for refurbishment.

Commissioner Wichman

made a motion to adopt Resolution 2018-07; seconded by

Commissioner Borasky

; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion to appoint Larry Marshall; seconded by

Commissioner Cox

; 4 yeas. SHERIFF

Commissioner Borasky

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

Commissioner Wichman

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

Commissioner Wichman

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

Commissioner Borasky

made a motion to approve. June 5, 2018 22. For Possible Action — Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for Red Apple Fireworks Company, LTD. Douglas Burda — Applicant-Cont’d. Tim Sutton asked that a condition be added that a conditional use permit with a correct address had to be submitted.

Commissioner Borasky

amended his motion to approve conditioned upon submitting a conditional use permit with the correct address; seconded by Commissioner Wichman; 4 yeas. COUNTY MANAGER

Commissioner Wichman

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

Commissioner Koenig

said he would like to keep his fire district one, which was just to change "shall" to “may.”

Commissioner Wichman

said she would like to slip a second one in to do a three-way split of the PSST money with Emergency Management and wanted someone to start working on some preliminary language. She also thought she could get another one carried by NACO or one of the legislators.

Commissioner Wichman

made a motion to ratify; seconded by Commissioner Borasky. Pattie Browning thought Scott Lewis was the best to ever be brought to the County for Emergency Services Director since he had a lot of experience and unique experience in Nye. Ed Tomany endorsed the selection also. John Bosta asked that his comments be reflected in the minutes along with his written document [attached]. He thought this item was not described clearly and completely as the position of the County Director of Emergency Services pursuant to Ordinance 160. June 5, 2018 25. For Possible Action — Discussion and deliberation to ratify the selection by the Nye County Manager of Scott Lewis as Director of Emergency Services- Cont'd. He said the question was brought up in 2011 to the Legislative Counsel Bureau (LCB) whether Ordinance 160 created a fire department. The response from the LCB said it did not appear to create a fire department or fire district but rather looked like the ordinance was adopted to carry out the local government's emergency management.

Mr. Bosta

noted the job description for this position was well spelled out in Ordinance 160 and the Board should follow that ordinance if it approved this. He felt the item should be tabled until a clear and complete position of the Director of Emergency Services pursuant to Ordinance 160 was presented. Richard Goldstein asked what happened to Vance Payne, was this position advertised in the media or public, and if Chief Lewis would resign as fire chief if he was approved for this. If not, would he be doing both jobs and collecting a salary for both of them.

Commissioner Koenig

said Mr. Payne was retiring. Horace Carlyle thanked the Commissioners for considering creating a Nye County Fire District as it would stop a !ot of the dysfunction. He thought a fire district needed to be created to help the whole County, not just one part. Sarah Allen, speaking on behalf of Chief Lewis, said she had the pleasure of watching him turn the fire department around while she was there from 2000 to 2015. She said Tonopah was in a crisis and taking more time to advertise and go through the red tape would only delay this process. She hoped Chief Lewis was appointed today based on her personal and professional knowledge of him.

Commissioner Borasky

wondered if the Board would violate any NRSs with this item. Tim Sutton advised that Chief Lewis would do both his fire chief duties and serve as Emergency Manager and that he did not see any NRS violations.

Commissioner Wichman

noted the Open Meeting Law required only two things regarding what was stated on an agenda item — a clear and complete statement of the topics to be considered (NRS 241.020.d.1), and if action was going to be taken on the matter the phrase “For Possible Action” must be used (NRS 241.020.d.2).

Commissioner Cox

said she did not have an issue with Chief Lewis taking this position, but there was some concern about whether this should have been advertised. Human Resources Manager Danelle Shamrell stated the position did not have to be advertised. June 5, 2018 25. For Possible Action — Discussion and deliberation to ratify the selection by the Nye County Manager of Scott Lewis as Director of Emergency Services- Cont'd.

Commissioner Cox

referred to the portion that talked about the responsibilities for Animal Control Officers. She believed that was turned over to the Sheriff's Office and asked if that would be put back under the realm of this position or if that should be eliminated from the document.

Mr. Sutton

explained in all areas outside of Tonopah Animal Control had been turned over to the Sheriff's Office. There was one employee with Animal Control currently who planned to retire this year and had not been switched yet. As soon as that individual retired the intent was to have that transferred to the Sheriffs Office.

Commissioner Cox

said there was a reference to Animal Control Officers in the southern portion of the County.

Mrs. Shamrell

said job descriptions changed from time to time and that was one of the things Human Resources would look at. However, just because it was indicated in this job description did not mean it necessarily had to be the function under it. That would probably come out, but she did not feel it should stop the Board from making the decision before it.

Commissioner Cox

wondered if the motion should be amended then to eliminate that portion.

Commissioner Wichman

amended her motion to ratify with the removal of Animal Control from the job duties.

Commissioner Borasky

refused to amend his second.

Commissioner Cox

seconded the amended motion to ratify with the removal of Animal Control from the job duties.

Commissioner Cox

asked if another fire chief was being looked for.

Mr. Sutton

said no. The proposal was to have Chief Lewis serve in both positions.

Commissioner Cox

stated that bothered her because she did not want someone over- impacted so they could not do either job properly. This was a very extensive amount of work and she would prefer to see this delayed until a fire chief was chosen. Chief Lewis explained that this was trying to correct some of the issues that

Commissioner Cox

was addressing. Putting emergency management back into its core mission would give an opportunity to shed some things that did not fall into the responsibility of emergency manager. June 5, 2018 25. For Possible Action — Discussion and deliberation to ratify the selection by the Nye County Manager of Scott Lewis as Director of Emergency Services- Cont'd.

Commissioner Cox

did not want him overwhelmed and wondered if it came to that point if there would be an issue with getting a new fire chief in Pahrump. She also had an issue with how he would be paid.

Mr. Sutton

said the intent was not to have Chief Lewis draw both salaries. Any time he was working on emergency manager responsibilities he would draw from the funds set aside for those responsibilities. There would be a clear delineation between his fire chief responsibilities and emergency manager responsibilities.

Commissioner Koenig

said all of the Commissioners received an e-mail this morning which said on the fiscal side Finance could easily set it up to track Chief Lewis’ time. That was currently being done with several employees who split their time between departments. He would not receive double salary and his time would be kept track of so Pahrump money did not pay for County EMS and County money did not pay for the Pahrump Valley Fire Department.

Commissioner Wichman

advised the property owner changed his mind so the approval was no longer needed.

Commissioner Wichman

made a motion to approve rescinding the lease; seconded by

Commissioner Cox

; 4 yeas. EMERGENCY MANAGEMENT

Commissioner Wichman

stated she was able to secure support from the State Land Use Planning Advisory Commission to provide the County with language and a plea to Congress to put the military lands back into the PILT calculation.

Mr. Payne

felt the Department of Defense and the Department of Energy needed to significantly step up their game. Their responsibility to the people of Nye County was significant and he believed they had not fulfilled that for many years. They used County roads, air space and resources every day and he believed it was an atrocity that needed to be resolved.

Commissioner Wichman

asked if this had been offered to the other communities in the County to see if any could use this to upgrade a lesser piece of equipment.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. Vance Payne said there was no formal reach out to anybody, but they did go over the rolling stock in the whole County. Everybody was in good shape right now with the exception of Railroad Valley which should be addressed with the PSST next month. He saw this as strictly a transfer of grant monies from one place to another.

Commissioner Cox

pointed out all of the money being paid to refurbish a couple of fire trucks in Pahrump and this one had less than 10,000 miles on it. She wondered if the County would be better served to move this truck over and not refurbish one of the trucks and then use the truck that needed refurbishing as a trade-in for repairs on the other. She said this did not make economical sense to her. Fire Chief Scott Lewis explained this engine was a two-man cab configured for a specific type of application that did not meet the operational! objectives in the Town of Pahrump. Sarah Allen wondered if it was possible to use the funding for the needs in Tonopah.

Mr. Payne

said theoretically those monies could be used, but the easiest and smoothest thing to do was to transfer the grant proceeds from one community to another. He explained that on average the Lund Fire Department, including EMS and fire calls, June 5, 2018 28. For Possible Action — Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2018-27: A Resolution authorizing the donation of a 2004 Kenworth Pierce Pumper, VIN 2NKMHD8X45M094752 to Lund Volunteer Fire Department in White Pine County-Cont’d. responded to 40+ calls a year for service in Nye County. He believed the value of this would be better served by supporting people who were already serving Nye County.

Commissioner Cox

was concerned since it was a grant if legally the Board could just do this.

Commissioner Wichman

told her the County had clear title. The motion to approve passed with 3 yeas. Commissioner Cox voted no. FINANCE

Commissioner Wichman

made a motion to adopt the resolution getting rid of the petty cash fund; seconded by Commissioner Cox; 4 yeas. H/R AND RISK MANAGEMENT

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox.

Commissioner Koenig

asked if it was budgeted. Danelle Shamrell explained it was, but they were asking to fill it prior to realizing the accruals because they were short staffed. Otherwise they could fill it in July.

Commissioner Wichman

made a motion to set the date and time as July 3, 2018, in Tonopah at 11:00 a.m.; seconded by Commissioner Cox; 4 yeas.

Commissioner Wichman

read the title of the bill into the record.

Commissioner Wichman

made a motion to accept the offer of dedication and adopt Nye County Resolution 2018-18; seconded by Commissioner Cox; 4 yeas. SENIOR SERVICES

Commissioner Wichman

asked if there was funding available. Savannah Rucker said it was unlikely both vehicles could be purchased out of the department's fund this fiscal year without augmentation. She could either bring an item back to augment the budget by utilizing contingency or additional revenues or this could be moved to FY19. Another option was buying one now and one later.

Commissioner Wichman

made a motion to buy one now and the other next fiscal year; seconded by Commissioner Cox; 4 yeas. June 5, 2018 SITTING AS THE BOARD OF COUNTY COMMISSIONERS 6. Commissioners'/Manager's Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Koenig

noted that quite often a date and time was set for things that affected Pahrump more than Nye County and he believed those items should be heard in Pahrump, not Tonopah. He asked staff to make sure the setting of the date and time happened in Tonopah and the hearing was held in Pahrump.

Commissioner Koenig

adjourned the meeting. APPROVED this 3° day ATTEST: Of due é. _, 2018. Me hj Check ikimany Chair L Nye County Clerk / Deputy I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes also. The Agenda Item 25 does not describe clearly and completely the position of the Nye County Director of Emergency Services pursuant to Ordinance 160 which the adding Chapter 8.28 to Title 8 of Nye County Code. Ordinance 160 does not create a County Fire District for fire departments, a position of a Fire Chief, an Ambulance Service, Billing and Maintenance or responsibility for Animal Control Officers in the Southern portion of the county. These job descriptions are not included in Ordinance 160. In 2011 Assemblyman Ed Goedhart asked Legislative Counsel Bureau (LCB) questions about Nye County’s Bill No. 94-05 (Ordinance No. 160). LCB responded, “We have looked at Nye County’s Bill No. 94-05 (Ordinance No. 160). The Nye County ordinance does not appear to create a fire department or fire district; rather, it looks as though Nye County adopted the ordinance in question to carry out its local governmental duties under chapter 414 of NRS (emergency management). The Nye County ordinance appears to be about a “local organization for emergency management,” which is defined in NRS 414.036” The complete email is attached hereto. The agenda item should be pulled until a clear and complete position of the Director of Emergency Services pursuant to Ordinance 160 is presented for possible action. Respectfully, | book Joyin F. Bosta June 5, 2018 Item 25 Comments by John F. Bosta Page 1 Glahe¢? ems os John, J o h a Nonte_ Here is the answer from legal. If you have further questions please contact Dan directly and he will work on them for you. Ed From: Erdoes, Brenda Sent: Wednesday, June 01, 2041 11:21 PM To: Goedhart, Ed Assemblyman Subject: Fire Districts Assemblyman Goedhart, Lorne forwarded your email below. We have looked at Nye County's Bill No. 94-05 (Ordinance No. 160}. The Nye County ordinance does not appear to create a fire department or fire district; rather, it looks as though Nye County adopted the ordinance in question to carry out its local governmental duties under chapter 414 of NRS (emergency management). The Nye County ordinance appears to be about a “local organization for emergency management," which is defined in NRS 414.036. Specifically you have asked: {1] Does the Nye County ordinance "create a district for a fire department pursuant to NRS 244.2961 to 244.2967, inclusive"? We believe that the ordinance does not create a fire department. For the ordinance to create a fire department pursuant to NRS 244.2961-244.2967, it would need to address the things described in NRS 244.2961 {such as the organization of the fire department and the appointment of a fire chief} -- and the ordinance does not do anything like that. {2] Does the Nye County ordinance "form a fire protection district pursuant to chapter 474 of NRS"? This ordinance does not appear to create a district of any type. In chapter 474, fire districts created by the board of county commissioners are addressed in NRS 474.460 to 474.540, inclusive, and that sub-chapter involves things such as a “board of fire commissioners" — a concept not addressed In any way by the relevant Nye County ordinance. As far as we can determine from examining the Nye County ordinance on its face, the ordinance does not create a fire department or fire district. The ordinance addresses issues of fire suppression only tangentially (only to the extent that one of the types of “emergency” which occurs under the umbrella of “emergency management" is a fire), and does not include any of the detall of governance that would presumably be present if Nye County had truly been attempting to create a fire department or fire district. Let me know if you would tike more information. Thanks Brenda -----Original Message----- From: Goedhart, Ed Assemblyman Sent: Thursday, May 19, 2011 4:58 PM To: Malkiewich, Lorne Subject: Question about Emergency Management Hi Lorne, Two quick questions about Bill No, 94-5, Ordinance No. 160 (attached hereto): Question No. 1: Did Bill No. 94-5, Ordinance No. 160 create a district for a fire department pursuant to NRS 244.2961 through 244.2967? Question No. 2: Did Bill No. $4-5, Ordinance No. 160 form a Fire Protection District pursuant to Chapter 474 of NRS? If you're not the right person to ask, can you please forward this along to the proper person. Thanks, Ed TITLE: NYE COUNTY OR;)INANCE No. aa SUMMARY : An ordinance adding Chapter 8.28 to Ticie 8 of the Nye County Code, entitled "Emergency Management": designating an Emergency Management Supervisor; authorizing the Emergency Management Supervisor to petition and acquire funds for Emergency Management purposes; empowering the Emergency Management Supervisor to implement necessary Emergency Management Plans and Agreements; Providing for the declarations of an Emergency; and other matters properly relating thereto. SUPERVISOR SHALL BE RESPONSIBLE FOR DEVELOPING RECIPROCAL AID AGREEMENTS ; SPECIFYING THE FUNCTIONS OF THE EMERGENCY MANAGEMENT SUPERVISOR; SPECIFYING THE COMPOSITION OF THE NYE COUNTY EMERGENCY RESPONSE PLAN; PROVIDING FOR THE DECLARATION OF AN EMERGENCY ; ‘re exists the possibility disasters or thin Nye County which could exhaust the resources, services, and facilities of the County; and, WHEREAS, there exists the need to establish an emergency management organization for Nye County to address the need for a county-wide disaster preparedness program; and, WHEREAS, it would be desirable in the event of such disasters to have an established Emergency Response Plan, NOW, THEREFORE, the Board of County Commissioners of Nye County, State of Nevada, does ordain: SECTION ONE: EMERGENCY MANAGEMENT ORDINANCE, Ordinance No. , being Chapter 8.28 of Title 8 of the Nye County Code hereby is entitled "Emergency Management. " ION ; EMERGENCY AND EMERGENCY MAMAGEMENT DEFINED. "Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of as chemical spills, earthquakes, epidemics, fires, floods, riots, nuclear /radiclogical accidents, storms, or other conditions, including conditions resulting from a war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and to require the response of the combined forces of “Emergency Management" means the preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from emergencies. These functions include firefighting, police services, medical and health services, Searches, rescues, engineering, public warnings, communications, radiological protection, chemical mitigation, Special weapons of defense, evacuation of persons from stricken areas, disaster welfare services, emergency transportation, temporary restoration of public utility services, and other activities necessary or incidental to the Preparation for carrying out of the foregoing functions. SECTIO = EMERGENCY MANAGEMENT SUPERVISOR. The position of Emergency Management Supervisor for the County of Nye hereby is created, The Emergency Management Supervisor shall be appointed by the County Manager and approved by the Nye County Board of Commissioners ("Board"). Said Supervisor shall be responsible for emergency management programs in accordance with Nye County’s and the State of Nevada’‘s emergency management Plan. The Emergency Management Supervisor also shall be subject to the direction and control of the County Manager and, under that direction and control, shall be empowered to function under Sections 4, 5, 6 and 7 below. 2 EMERGENCY MANAGEMENT GRANTS & FUNDING. The Emergency Management Supervisor hereby is authorized ana empowered to petition, acquire and accept funds from the United States Federal Government or any agency or office thereof, or from the State of Nevada, for emergency management purposes, as Provided in the provisions of NRS 414.130. All funds received immediately shall be deposited with the Nye County Treasurer. State, to develop or cause to be developed, arrangenents for reciprocal aid or assistance in the case of disaster too great to be dealt with unassisted. Reciprocal aid agreements shall be citizens within the territorial limits of Nye County, including but not limited to, the development of a County Emergency Response Plan ("Plan") and emergency management training education programs and exercises. In addition, the Emergency Management Supervisor shall conduct such functions outside the County limits as may be required, pursuant to the provisions of NRS Chapter 414. IN z EMERGENCY RESPONSE PLAN. The Plan, developed by the Emergency Management Supervisor, Shall include; 1. A Basic Plan of Emergency Operations 2. Annexes to the Plan addressing; a. Emergency Management b. Fire Control Operations c. Law Enforcement Operations d. Ambulance and Emergency Medical Operations @. Public Health f. Coroner Operations J- Care & Shelter Operations h. Evacuation Operations i. Rescue Operations j. Public Works Operations k. Resource Information 1. Emergency Public Information mM. Records Management n. Damage Assessment o. Animal Control ous Materials q- Communications Yr. Radiological Protection cTlo IGHT: DECLARATION OF AN EMERGENCY. In accordance with NRS 241.020(2) and NRS 241.020(4), the Chairperson of the Board may call an emergency meeting. If the publicize, by a methoa deemed appropriate by the Board, the existence of the emergency. If circumstances prohibit timely action by the Board, the County Manager or Sheriff, acting as the County Director of Emergency Services, as provided in Section 9 of this Chapter, May declare a state of emergency and seek the ratification of that declaration by a majority of the Board at it’s next lawful meeting. If the Board fails to ratify the action of the County Manager or Sheriff, the state of emergency will cease to exist. The Board or the County Manager shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed. SECTION NINE: EMERGENCY RESPONSE PLAN IMPLEMENTATION. 1. At the inception of and during an emergency, the County a. Shall implement the Plan, and may direct and control all County employees as are required to implement said Plan, b. May, through requisition or contract with private parties or other governmental entities, obtain vital would unreasonably hamper or impair the implementation of the Plan. C. May suspend any licensing requirements for persons whose services are required for implementation of the Plan. cy powers granted the cou -y Manager and or er this section may be revoked, limited or restricted by order of the Board. SECTION TEN: ENACTED EMERGENCY ORDERS. If a deciared state of emergency exists within Nye County, the Board may, if it deems it necessary to maintain the peace and protect the public, order and enforce the measures listed in this section. If circumstances prohibit the timely action of the Board, the County Manager, may, under the same circumstances enact the emergency orders listed below. If the Board and the enact the emergency orders listed below. Any emergency orders enacted shall be reported to the Board at its next lawfully scheduled meeting. The emergency orders listed below shall be terminated or may be modified by the Board. Subject to the limitations imposed by Section 9, subsection 2 above, the Board, County Manager, and or Sheriff may: a. Establish a curfew for the area designated as an b. Barricade streets and roads, as well as access points onto streets and roads, to prohibit or restrict vehicular or pedestrian traffic in the area. c. Prohibit the sale, distribution or giving away of gasoline or any other flammable or combustible product in any container except a gasoline tank properly affixed to a motor vehicle, or a type of container generally used in connection with normal home use or legitimate commercial use, dad. Order the closing of all or portions of all gasoline stations and other establishments which sell, distribute or dispose of liquid flammable or combustible products. e. Order the closing of retail Stores which sell intoxicating liquor. f. Prohibit the sale of intoxicating liquor. g- Order the closing of any or all establishments or portions thereof which sell, distribute, dispense or give away explosives. gate, prepare for, respond to or recover from the emergency. i. Redirect funds for emergency use. j. Suspend Standard procurement procedures to obtain necessary services or equipment. K. Commit to mutual aid agreements. SE c6) : DEBRIS REMOVAL. To the extent necessary during or after the existence of a declared emergency, and under the direction of the County Manager, the Director of the County’s Public Works Department may remove debris which threatens the public health or safety. Any action taken by the Director of Public Works under this section shall be reported by the County Manager to the Board at its next regularly scheduled meeting. Under the direction and control of the County Manager, the Nye County Public Works Director may: a. Use the mutual aia agreements with other governmental entities or, if necessary, private resources. b. Accept funds from the Federal Government or the State and utilize those funds for the purpose of removing such debris. Debris which exists on Nye County-owned Property may be removed at Nye County’s expense, provided that the expense of removing any debris caused by the negligent or intentional act of any person may be recovered fron that person. The County Public Works Director may order that debris which exists on privately-owned property be removed by the owner of the property or the person responsible for the property at the owner’s or other person‘s expense. Each order must specify the nature of the threat to the public and the minimum quantity of debris which must be removed to eliminate the threat. During an emergency, the order is effective when orally conveyed to the owner or other person responsible for the property. Upon the failure of a person to comply with the order described in this section, the County Public Works Director may remove or cause the removal of the debris. The owner of the property or the person responsibie for the property shall be liable to Nye County for the cost incurred. ency debris removal measi@ds are determined necessary for protection of public health ana safety, or public or private property, and oral or written authorization cannot be obtained from the Owner or other person responsible for the property, the County Public Works Director may authorize the SECTION TWELVE: CONTINUITY oF GOVERNMENT. in order to assure the continuance of governmental functions, it is necessary to establish replacements for key positions through three levels. The following positions are considered key positions in emergency management, and absences and vacancies will be filled as follows: Commission Chair Absence or vacancy filled by 1. Commission Vice-Chair 2. Most Senior Commissioner

County Manager Absence

or vacancy filled by 1. Commissioner Chairman 2. Director of Public Works Commission Absence not fiiled. Vacancy filled by appointment of the Governor, in accordance with NRS 244.040,

Sheriff Absence

or vacancy filled by 1. Undersheriff 2. Captain (Administrative) Fire Chief Absence or vacancy filled by {Local F.D.) 1. Assistant Fire Chief 2. Most Senior Captain 20 ic Works Absence or vacancy filled by 1. Building and Grounds Supervisor 2. Road Administrator 3. District Foreman er. t Vv Absence or vacancy filled by 1. Northern Nye Co Emer Mgmt Coord 2. Southern Nye Co Emer Mgmt Coord 3. Sheriff’s Administrative Captain t ttorne Absence or vacancy filled by 1. Chief Deputy District Attorney 2. Deputy District Attorney udi Recorde Absence or vacancy filled by i. Chief Auditor/Recorder 2. Deputy Auditor/Recorder AcCy filled by (3) Cle Absence or vac 1. Deputy County Clerk 2. Most Senior Deputy Clerk Cou. eas Absence or vacancy filled by 1. Chief Deputy County Treasurer 2. Deputy County Treasurer Budget Supervisor Absence or vacancy filled by 1. Admin/ Budget/ Fiscal Analyst 2. County Manager Justice of the Peace & Judges Absence or vacancy filled pursuant to the statutory requirements of the State of Nevada. Other Departments Vacancies to be filled by appoint- ment as necessary. cr TEEN: VIOLATION/PENALY. It is a misdemeanor, during a declared emergency, for any person to: a. Wilifully obstruct, hinder, or delay any member of the b. Willfully obstruct, hinder, or delay any member of the County’s emergency operations organization in the performance of his or her emergency related duties; c. Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such nature as to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the protection thereof, or give, or be likely to give assistance to the enemy; d. Wear, carry, or display, without authority, any means of identification specified by the Nevada State Division of Emergency Management or the County of Nye. SECTIO Ni: SEVERABILITY. If any section, paragraph, Clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceablility of such section, paragraph, clause or provision shall in no way affect the validity and enforceablility of the remaining provisions of this ordinance. EN: CONSTITUTIONALITY. If any section, clause or phrase of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect. N-INFRINGEMENT OF RIGHTS “xs This Ordinance has been reviewed and approved by the Nye County District Attorney’s Office as to its constitutionality; and based upon such information, the Board adopts this ordinance in good faith, with a reasonable belief that the actions taken by the County Of Nye are not in violation of any rights, privileges, or immunities secured by the Constitution or bylaws of the United States or the State of Nevada providing for the equal rights of citizens or persons. SECTION SEVENTEEN: REPEALER. All ordinances, parts of ordinances or chapters, sections, subsections or paragraphs or resolutions previously adopted by the Board, which are in conflict with this ordinance, hereby are repealed. SECTION EIGHTEEN: EFFECTIVE DATE. This ordinance shall become effective after its passage by the Board and its publication, as required by the provisions of NRS Chapter 244. SECTION NINETEEN: PUBLICATION. The Clerk shall cause this ordinance, immediately following its adoption, to be published once a week for two weeks by title, in the newspaper qualified pursuant to the provisions of NRS Chapter 244.100. (hy ° PASSED, ADOPTED, AND APPROVED THIS ja day of 1994 Nays: © ABSENT: ©- APPROVED: ge ku , Mus, (specs, Vanwy an , Washrth C/A At.. YN Kew Chairman, Nye County Board of Commissioners ce-Chair Commissioners ATTEST: ) County Clerk C Bill No. 94-05 NOTICE IS HEREBY GIVEN that the Nye County Board of Commissioners, at its meeting held on _ the st day of Liput ' 197 ¢, adopted Nye County Ordinance No. KOO) , entitled: AN ORDINANCE BEING CHAPTER 8.28 OF TITLE 8 OF THE NYE COUNTY CODE, ENTITLED “EMERGENCY MANAGEMENT"; CREATING A CHAPTER 8.28 OF TITLE 8 PROVIDING DEFINITIONS OF TERMS USED IN THIS ORDINANCE; DESIGNATING THE EMERGENCY MANAGEMENT SUPERVISOR; AUTHORIZING THE EMERGENCY MANAGEMENT SUPERVISOR TO PETITION AND ACQUIRE FUNDS FOR EMERGENCY MANAGEMENT PURPOSES; PROVIDING THAT THE EMERGENCY MANAGEMENT SUPERVISOR SHALL BE RESPONSIBLE FOR DEVELOPING RECIPROCAL AID AGREEMENTS; SPECIFYING THE FUNCTIONS OF THE EMERGENCY MANAGEMENT SUPERVISOR; SPECIFYING THE COMPOSITION OF THE NYE COUNTY EMERGENCY RESPONSE PLAN; PROVIDING FOR THE DECLARATION OF AN EMERGENCY; SPECIFYING THE EMERGENCY POWERS OF THE COUNTY MANAGER AND SHERIFF; PROVIDING FOR THE ENACTMENT OF EMERGENCY ORDERS; PROVIDING FOR THE REMOVAL OF DEBRIS; PROVIDING FOR CONTINUITY OF GOVERNMENT; PROVIDING THAT CERTAIN CONDUCT SHALL BE A MISDEMEANOR; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT THE NYE COUNTY BOARD OF COMMISSIONERS ADOPTS THIS ORDINANCE WITH THE GOOD FAITH BELIEF THAT ITS PROVISIONS WILL NOT VIOLATE ANY PERSON’S CIVIL RIGHTS; AND PROVIDING FOR THE SEVERABILITY, CONSTITUTIONALITY, EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE. Typewritten copies of the ordinance are available for public inspection at the office of the Nye County Clerk, Courthouse, Tonopah, Nevada. Commissioners voting in favor of the adoption of the ordinance: (‘pre ; Apaoe, Vg Anns gan ); Wuket pe Commissioners voting against the ordinance: a Commissioners absent: Hy c aL This ordinance shall be in full force and effect after publication once a week for a period of two (2) weeks in a newspaper of general circulation within Nye County, Nevada, to-wit: the _ [aay of Lj, : if , Nye Cqunty Clerk and Ex-Officio Clerk” of the Nye County Board of Commissioners Publish: TTB 04/14/94 and 04/21/94 DVGG 04/14/94 and 04/21/94 PVT 04/15/94 and 04/22/94 ia [SUS item aS John Aosta Chapter 8.28 EMERGENCY MANAGEMENT @ © 8.28.010: DEFINITIONS: 8.28.020: EMERGENCY MANAGEMENT SUPERVISOR: 8.28.030: EMERGENCY MANAGEMENT SUPERVISOR'S DUTIES: 8.28.040; EMERGENCY MANAGEMENT SUPERVISOR'S FUNCTIONS: 8.28.050: GRANTS AND FUNDING: 8.28.060: EMERGENCY RESPONSE PLAN: 8.238.070: DECLARATION OF AN EMERGENCY: 8.28.080: EMERGENCY RESPONSE PLAN IMPLEMENTATION: 8.28.090: ENACTED EMERGENCY ORDERS: 8.28.100: DEBRIS REMOVAL: 8.28.110: CONTINUITY OF GOVERNMENT: 8.28.120; VIOLATION; PENALTY: 8.28.010: DEFINITIONS: @ sy EMERGENCY: The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this County caused by such conditions as chemical spills, earthquakes, epidemics, fires, floods, riots. nuclear/radiological accidents, storms, or other conditions, including conditions resulting from a war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and to require the response of the combined forces of other political subdivisions. EMERGENCY MANAGEMENT: The preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from emergencies. These functions include firefighting, police services, medical and health services, searches, rescues, engineering, public warnings, communications, radiological protection, chemical mitigation, special weapons of defense, evacuation of persons from stricken areas, disaster welfare services, emergency transportation, temporary restoration of public utility services, and other activities necessary or incidental to the preparation for carrying out the foregoing functions. (Ord. 160 § 2, 1994) 8.28.020: EMERGENCY MANAGEMENT SUPERVISOR: ©) [= The position of Emergency Management Supervisor for the County hereby is created. The Emergency Management Supervisor shall be appointed by the County Manager and approved by the Nye County Board of Commissioners ("Board"). Said Supervisor shail be responsible for emergency management programs in accordance with Nye County's and the State’s emergency management plan. The Emergency Management Supervisor also shail be responsible for the County's emergency management organization, subject to the direction and contral of the County Manager and, under that direction and control, shall be empowered to function under Sections 828.030, 8.28.040, 8. 28.050, and 8.28.060 of this Chapter. (Ord, 160 § 3, 1994) 8.28.030: EMERGENCY MANAGEMENT SUPERVISOR'S DUTIES: ¢ C4 The Emergency Management Supervisor shali be responsible, in collaboration with other public and private agencies within the State, to develop, or cause to be developed, arrangements for reciprocal aid or assistance in the case of disaster too great to be dealt with unassisted. Reciprocai aid agreements shall be subject to approval by the Board and shall be consistent with the State's Plan and program for emergency management. In time of emergency, each local organization for emergency management shall render assistance in accordance with the provision of such agreements. (Ord. 160 § 5, 1994) 8.28.040: EMERGENCY MANAGEMENT SUPERVISOR'S FUNCTIONS: ¢ C4 The Emergency Management Supervisor shall perform and exercise other such functions, powers and duties as are necessary to promote and provide for the health, safety and welfare of the citizens within the territorial limits of Nye County, including, but not limited to, the development of a County Emergency Response Plan ("Plan") and emergency management training education programs and exercises. In addition, the Emergency Management Supervisor shall conduct such functions outside the County limits ag may be required, pursuant to the provisions of Nevada Revised Statutes chapter 414. (Ord. 160 § 6, 1994) 8.28.050: GRANTS AND FUNDING: al | The Emergency Management Supervisor hereby is authorized and empowered to petition, acquire and accept funds from the United States Federal Government or any agency or office thereof, or from the State, for emergency management purposes, as provided in the provisions of Nevada Revised Statutes 414.130. All funds received immediately shall be deposited with the Nye County Treasurer. (Ord. 160 § 4, 1994) 8.28.060: EMERGENCY RESPONSE PLAN: ¢ Jj The Plan, developed by the Emergency Management Supervisor, shall include: A. A basic plan of emergency operations. B. Annexes to the Plan addressing: 1. Emergency management. 2. Fire control operations. 3. Law enforcement operations. 4. Ambulance and emergency medical operations. 5. Public health. 6. Coroner operations. 7. Care and shelter operations. 6. Evacuation operations. 9, Rescue operations. 10. Public works operations. 11, Resource information. 12. Emergency public information. 13, Records management. 14. Damage assessment. 15. Animal control. 16. Hazardous materials. 17. Communications. 18. Radiological protection, The Pian shail take effect upon adoption by resolution of the Board. The Emergency Management Supervisor shall be responsible for the yearly updates and maintenance of said Plan. (Ord. 160 § 7, 1994) 8.28.070; DECLARATION OF AN EMERGENCY: ¢ C4 In accordance with Nevada Revised Statutes 241.020(2) and 241.020(4), the Chairperson of the Board may call an emergency meeting. If the Board determines that a state of emergency exists, the Board shall declare in writing that an emergency exists and shall publicize, by a method deemed appropriate by the Board, the existence of the emergency. if circumstances prohibit timely action by the Board, the County Manager or Sheriff, acting as the County Director of Emergency Services, as provided in Section 8.28 080 of this Chapter, may declare a state of emergency and seek the ratification of that declaration by a majority of the Board at its next lawful meeting. If the Board fails to ratify the action of the County Manager or Sheriff, the state of emergency will cease to exist. The Board or the County Manager shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed. (Ord. 160 § 8, 1994) 8.28.080: EMERGENCY RESPONSE PLAN IMPLEMENTATION: Gq A. At the inception of and during an emergency, the County Manager, or his designee will assume the title and duties as the Director of Emergency Services, and the Nye County Sheriff will serve as the assistant Director of Emergency Services. The Director of Emergency Services: 1. Shall implement the Plan, and may direct and control all County employees as are required to implement said Plan. 2. May, through requisition or contract with private parties or other governmental entities, obtain vital services, supplies and equipment needed to protect life and property and implement the Plan, and may bind the County for the value thereof without being required to comply with the normal purchasing procedures, if compliance with those procedures would unreasonably hamper or impair the implementation of the Plan. 3. May suspend any licensing requirements for persons whose services are required for implementation of the Plan. B. The emergency powers granted the County Manager and/or Sheriff under this Section may be revoked, ‘imited or restricted by order of the Board. (Ord. 160 § 9, 1994) 8.28.090: ENACTED EMERGENCY ORDERS: ¢ Ce If a declared state of emergency exists within Nye County, the Board may, if it deems it necessary to maintain the peace and protect the public, order and enforce the measures listed in this Section. If circumstances prohibit the timely action of the Board, the County Manager may, under the same circumstances, enact the emergency orders listed below. If the Board and the County Manager are not available or are unable to act, the Sheniff, acting as assistant Director of Emergency Services, shalt be empowered to act on behalf of the Board and County Manager to enact the emergency orders listed below. Any emergency orders enacted shall be reported to the Board at its next lawfully scheduled meeting. The emergency orders listed below shall be terminated or may be modified by the Board. Subject to the limitations imposed by subsection 8.28.080B of this Chapter, the Board, County Manager, and/or Sheriff may: A. Establish a curfew for the area designated as an emergency area which fixes the hours during which persons other than officially authorized personnel may be upon the public streets or in other public places. B. Barricade streets and roads, as well as access points onto streets and roads, to prohibit or restrict vehicular or pedestrian traffic in the area. C. Prohibit the sale, distribution or giving away of gasoline or any other flammable or combustible product in any container except a gasoline tank properly affixed to a motor vehicle, or a type of container generally used in connection with normal home use or legitimate commercial use. D. Order the closing of all or portions of all gasoline stations and other establishments which sell, distribute or dispose of liquid flammabte or combustible products. E. Order the closing of retail stores which sell intoxicating liquor. F, Prohibit the sale of intoxicating liquor. G. Order the closing of any or all establishments or portions thereof which sell, distribute, dispense or give away explosives. H. Enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from the emergency. |. Redirect funds for emergency use. J. Suspend standard procurement procedures to obtain necessary services or equipment. K. Commit to mutual! aid agreements. L. Perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population. (Ord. 160 § 10, 1994} 8.28.100: DEBRIS REMOVAL: Sid | To the extent necessary during or after the existence of a declared emergency, and under the direction of the County Manager, the Director of the County's Public Works Department may remove debris which threatens the public health or safety. Any action taken by the Director of Public Works under this Section shall be reported by the County Manager to the Board at its next regularly scheduled meeting. Under the direction and control of the County Manager, the Nye County Public Works Director may: A. Use the mutual aid agreements with other governmental entities or, if necessary, private resources. B. Accept funds from the Federal Government or the State and utilize those funds for the purpose of removing such debris. Debris which exists on Nye County-owned property may be removed at Nye County's expense, provided that the expense of removing any debris caused by the negligent or intentional act of any person may be recovered from that person. The County Public Works Director may order that debris which exists on privately owned property be removed by the owner of the property or the person responsible for the property at the owner's or other person's expense. Each order must specify the nature of the threat to the public and the minimum quantity of debris which must be removed to eliminate the threat. During an emergency, the order is effective when orally conveyed to the owner or other person responsible for the property. Upon the failure of a persan to comply with the order described in this Section, the County Public Works Director may remove or cause the removal of the debris. The owner of the property or the person responsible for the property shall be liabte to Nye County for the cost incurred. When immediate emergency debris removal measures are determined nacassary for protection of public heaith and safety, on public or private property, and oral or written authorization cannot be obtained from the owner or other person responsible for the property, the County Public Works Director may authorize the entry upon the public or private lands or waters and the performance of such tasks necessary to the emergency debris removal or clearance operations. (Ord. 160 § 11, 1994) 8.28.110: CONTINUITY OF GOVERNMENT: ©) (= in order to assure the continuance of governmental functions, it is necessary to establish replacements for key positions through three (3) levels. The following positions are considered key positions in emergency management, and absences and vacancies will be filled as follows: Position Absence Or Vacancy Filled By Commission chair 1. Commission vice chair 2. Most senior Commissioner County Manager +. Commissioner Chairman 2. Director Of Public Works Commission Absence not filled. Vacancy filled by appointment of the Governor, in accordance with NRS 244.040. Sheriff 1. Undersheriff 2. Captain (administrative) Fire Chief 1. Assistant fire chief (local F.D.) 2. Most senior captain Director of Public Works 1. Building and Grounds Supervisor 2. Road Administrator 3. District foreman Emergency 1. Northern Nye County Emergency Management Management Supervisor Coordinator 2. Southern Nye County Emergency Management Coordinator 3. Sheriffs administrative captain District Attorney 1. Chief Deputy District Attorney 2. Deputy District Attorney Auditor/Recorder 1. Chief Deputy Auditor/Recorder 2. Deputy Auditor 3. Deputy Recorder County Clerk 1. Deputy County Clerk 2. Most senior Deputy Clerk County Treasurer 1. Chief Deputy County Treasurer 2. Deputy County Treasurer Budget Supervisor 1. Administrative/Budget/Fiscal Analyst 2. County Manager Justice of the peace and Absence or vacancy filled pursuant to the statutory judges requirements of the State. Other departments Vacancies to be filled by appointment as necessary. {Ord. 160 § 12, 1994) 8.28.120: VIOLATION; PENALTY: @o It ig a misdemeanor, during a declared emergency, for any person to: A. Wilfully obstruct, hinder, or delay any member of the County's emergency operations organization acting in the enforcement of any lawful rule or regulation imposed upon such person by virtue of this Chapter; B. Wilfully obstruct, hinder, or delay any member of the County's emergency operations organization in the performance of his or her emergency related duties; C. Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such nature as to imperil the lives or property of inhabitants of this County, or to prevent, hinder or delay the protection thereof, or give, or be likely to give assistance to the enemy; D. Wear, carry, or display, without authority, any means of identification specified by the Nevada State Division of Emergency Management or the County. (Ord. 160 § 13, 1994)