August 21, 2018

Commissioner Koenig

said due to the length of the agenda he was going to limit the first public comment period to a total of 15 minutes with three minutes per person. Others could speak during the second public comment period at the end of the meeting. Wade Hinden asked if the Mountain Falls artesian water had been verified.

Mr. Hinden

thought artesian wells must be capped and asked if it would be. August 21, 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. Dwight Lilly disagreed with the people forcing their personal moral beliefs and ideas on others. He asked the Chairman to counsel the Board to stop the persecution and look to and dwell on the good a business did and not on the ego driven prejudices that led to the loss of employment and commerce. He pointed out there were no disease ridden street walkers in Pahrump, no dangerous pimps, and no child slaves. He felt the brothel ordinance worked, but petty manipulations hurt when used as a tool of oppression. He submitted his written statement for inclusion in the minutes [attached]. Bob Hammond, representing the Disabled American Veterans, said earlier this year the Board gave funds to operate their office. Mr. Hammond reported that from January through June they had seen more than 600 veterans and processed in excess of 190 claims for disability. He appreciated the support the County had provided and extended the thanks of the American Disabled Veterans. Ammie Nelson talked about the good things the judge and volunteer bailiffs did for the people in drug court, including using their own vehicles to provide transportation to drug court, and thought the court should be given a car. She then discussed the late tax bills about a year ago, but she did not know what happened to the department responsible for that or if the people were fined because their tax bill was late. She understood Mr. Hof’s taxes were late because the mailing was late. The check was cashed, but he suffered the loss of his license, and that did not equate to her. Ms. Nelson was fearful if she was late with her property taxes that her property would be taken or she would be fined. She then commented on how no one she knew, even those who do not support

Mr. Hof

, agreed with the decision made. Debra Strickland said there was controversy over the closure of the Love Ranch and she pointed out some items that came up at that meeting. There was a draft proposal for a new Nye County Bill 201 8-14, to establish a provision for a licensing department to handle those in the future. She had asked Commissioner Schinhofen why it was being done and his comment was to have all licenses under one canopy to make sure when presented they were accurate as the Sheriff’s Office had mishandled a lot of these over the past few years. She asked the Board if it was a mishandling of a license as that was how she saw it. Mrs. Strickland thought the Board made a huge error in the handling of that and that it was simply a vendetta. Karen Duryea talked about the River Plate property abatement voted on during the last meeting. She owned property adjacent to the property at issue and said the property was a hazard to the neighborhood due to oxygen tanks and trash, the hole in the roof coupled with inadequate plumbing in the house, the lack of cleanliness in the house, and electrical wires outside the property. In addition the neighborhood had been exposed to wandering animals and flies. Ms. Sandquist continually expressed she was providing homes for animals, but she could not adequately care for them. Ms. Duryea August21, 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. felt this matter should have been handled differently by the court and the Commission with priority placed on getting Ms. Sandquist help. As far as Comm issioner Cox’s interest in the property and owner as she has admittedly helped , Ms. Duryea put on the record her objection to the abatement the Commission approved based on

Commissioner Cox’s

vote as she thought she should have recu sed herself and hoped she would recuse herself on future issues relating to the proper ty. Eric Whelen, Transportation Director for the Pahrump Senior Center and the Pahrump Valley Public Transportation System, provided an update on their progress. The system was a huge success. They were at full capacity and had become an invaluable asset to the community. They had submitted and gotten their award letter through NDOT for the 5311 funding for the next year, but the grant award amount was $50,000.00 less than anticipated. Mr. Whelen said in the future they would reach out to the public and his goal in the next 45 days was to come up with $25,000.00, which would put another driver and vehicle on the road to better serve the community. The Board took a brief recess.

Commissioner Schinhofen

was not present.

Commissioner Koenig

continued with the first public comment period , but limited everyone to two minutes. Dawn Duncan, a cashier at the Love Ranch establishment, said that twice this year after Dennis Hof entered the political arena the Board had blatantly and purposely stripped the Love Ranch Vegas establishment of its paid licenses, which financially crippled the employed staff. She had to borrow money from family and friends to pay her bills and feed her animals. Ms. Duncan advised that she along with the other displaced staff would utilize Mr. Hof’s attorney to file a class action lawsuit agains t Nye County and the Board for unspecified damages. Spencer Matlock talked about the roundabouts and how they were starting to go downhill. Weeds were growing and they were starting to look bad and he asked that they be taken care of. Diane Southworth advised at the Girls’ Day event nine racks of clothes were given out along with 54 pairs of shoes and other things for school, so it was a great success. As far as upcoming events, Ms. Southworth said on September 9, 2018, there would be a memory walk for suicide prevention at Petrack Park, and on Augus t 25, 2018, there would be a clean up on the mountain for the homeless starting at 9:00 a.m. Also the task force for the fall holiday was getting started and anyone interes ted could go to the VFW. August21, 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. Jennifer Mason, an employee at the Love Ranch Vegas, said she was a legal sex worker and had worked for Dennis Hof for four and a half years. She felt the working girls had been overlooked in this situation. She said they were real people with families and bills and she just wanted the Board to hear from that side of things. She also pointed out they had paid their share for the quarter and all of a sudden they could not work. Tina Trenner stated as elected officials the Commissioners had a fiduciary responsibility to the taxpayers and since Dennis Hof decided to run for office he had been set up until he had no choice but to defend himself. She thought the taxpayers should be very concerned about what the Board was doing and the potential consequences. Annette Fuentes commented that this was Nye County Brothel Wars II between Dennis Hof and the Commissioners.

Commissioner Wichman

was not present. Zach Hames found the abuse of power and the lies at the last meeting disturbing about keeping the public safe. The County Manager was put on notice of another lawsuit if the Commissioners did not back off. Heidi Fleiss wondered if there was any way to settle the lawsuits with Mr. Hof as she could think of better uses for the money needed to defend them. She thought there were better ways to handle the situation instead of closing down the business. Doug Varin said four or five years ago he came in front of the Board because of a commercial kennel permit he required. He had been complying with the statutes and ordinances since that time. He found out the ordinance had been changed along with the fees without representation and he wondered how the fee could go from $60.00 for three years in a row up to $250.00. Last year he did not get his permit because the Animal Control Officer was relieved from duty after the dog shooting incident, so technically right now he did not have a permit because no one followed through even though he paid for it. Jerry Svejda told Commissioner Schinhofen to stop holding a grudge and attacking Dennis Hof every chance he got. He also asked if the Board had legal writing at the last meeting as the vote had to be a majority of the Board. Per NR 241.0355 an abstention vote did not count as a vote in favor of an action. The motion to take away his license had three votes, which was not a quorum, and Mr. Svejda demanded the Board give Mr. Hof his license back. August 21, 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. Leah Aldridge said she watched the video of the last meeting and felt the Board set a dangerous precedent. She said the public knew that secret meetings were held regarding putting Mr. Hof out of business between the three Commissioners that voted to take his license. It had also been confirmed by a sitting County Commissioner that the County cashed Mr. Hof’s check seven days before the deadline. Then it came to the vote of 3-3, which meant it was defeated, but Commissioner Wichman brought it back. The public also knew the POOL/PACT attorney told Commissioners Schinhofen and Borasky to abstain, but they went ahead and voted anyway. Ms. Atdridge thought what the Board did was illegal and fraud. Priscilla Lane said she read a letter written to the BLM by Commissioner Wichman where she asked to eliminate all of the horses because of the sage grouse. Ms. Lane wondered what Commissioner Wichman’s education was and how she could send a letter like that without letting the public know. Karen Williams was shocked that Commissioners Schinhofen and Wichman were not present during the public comment period when they knew the public was going to talk about the pulling of the license. She wondered if a casino would have been shut down in a situation like this, but did not think so. Ryan Muccio, representing Nye Communities Coalition, let everyone know RAM was coming back for its third year. They provided free medical, dental, vision and mental health services for everyone with no questions asked and no income qualifications. The event would be October 5-7, 2018, at Nye Communities Coalition. The line started forming at midnight the night before, tickets would be distributed at 3:00 a.m., and the clinic would open at 6:00 am. Jeanine Pinkerton directed her comments to Commissioner Wichman because she was one of the people that Commissioner Wichman affected. She worked for Dennis Hof as the Assistant GM at Love Ranch Vegas. She wanted Commissioner Wichman to remember her face when Ms. Pinkerton was in court with the class action lawsuit. Joe Burdzinski talked about the size and scope of government. Back in the 1 980s President Reagan was in Iowa campaigning in a small rural town. A farmer told him the biggest thing he feared was someone coming to his front door from the government to help. He felt today the government was interfering with businesses. Dave Stevens said he supported the Commissioners and would like to see all cat houses closed down.

Commissioner Wichman

was present. August21, 2018

Commissioner Wichman

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

Commissioner Schinhofen

advised there would be a golf tournament on September 7, 2018, at Lakeview to benefit search and rescue and sign-up sheets were available at the course.

Commissioner Borasky

thanked the Chairman for allowing the public to speak.

Commissioner Wichman

pointed out the high school students were here waiting for their item. She thanked them for sitting through all of that and said if they planned to go into politics they should remember this day. PUBLIC PETITIONER

Commissioner Schinhofen

said he asked that this be brought forward. He explained the band had been asked to go to the 75th anniversary of Pearl Harbor Day in Hawaii and he thought this would be a very positive image for the town and a positive event for the students. They had done some fundraisers and over the weekend they received about $18,000.00 in donations over and above the $30,000.00 they needed. Commissioner Schinhofen hoped the Board would support this from the town’s general fund. August21, 2018 38. For Possible Action Discussion and deliberation regarding a fund donation request in the amount of $30,000.00 to the Pahrump Valley High School Band to aid in travel expenses for a trip to Hawaii for a Pearl Harbor event-Cont’d. Jennifer Ehrheart, the principal of the Pahrump Valley High School, said in the past year they had made huge improvements in the climate and connectiveness of the students. There was a 30 point growth across the board and they had gone from being not proficient to proficient in all categories. Part of what they did was to involve the students in things like this that developed pride in the school and community. She hoped the Board would listen to the hearts and minds of the students as they looked for additional funding. Michael Wineski, the music director at Pahrump Valley High School, said this event gave the community a wonderful opportunity to be represented. He said they were hoping to cover their air fare with the $30,000.00 along with other related expenses. He noticed the application said the quote had to be good for 90 days, but airlines did not give quotes for that long. The best one they received was from United Airlines for about $589.00 per person and he hoped the airlines would extend that another week or so to allow for a decision. He then read some statements from the students expressing their excitement about the trip and how honored they felt to be chosen. Lloyd Herndon said he had been in band for four years and heard a lot of discrimination about the band being bad. He said it would be a great honor to get this donation so they could go. Janay Goostree, a Pahrump Valley High School band member, was also present.

Commissioner Schinhofen

made a motion to fund $30,000.00 from Pahrump Town Contingency; seconded by Commissioner Borasky.

Commissioner Cox

said she had family in band and she thought the people were doing a terrific job with the kids. The youth was the future of the town and she would like to see them all go and enjoy it. Dwight Lilly thought it was great for the youth to be out there acting as ambassadors, but he asked that in exchange for Pahrump funding this trip that they have one day of educational experience focused on Pearl Harbor. Ammie Nelson said she was all for this trip but wondered if there was an educational fund. She thought it was going to be moved and she was really pushing for the drug court car.

Commissioner Koenig

stated the car would not come out of town funds.

Mr. Wineski

clarified this trip was an educational trip, not just for performance and vacation. Through a program called historicprograms.com some of the things they August21, 2018 38. For Possible Action Discussion and deliberation regarding a fund donation request in the amount of $30,000.00 to the Pahrump Valley High School Band to aid in travel expenses for a trip to Hawaii for a Pearl Harbor event-Cont’d. would go to were the memorials, museums, and Polynesian cultural events. His lesson plans included the history of Pearl Harbor and World War II so they were well educated before they left and would get education while they were there.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 8. 11:00 For Possible Action Public Hearing Discussion and deliberation — — — regarding Extension of Time Application ET-2018-000032, to extend the time for Special Use Permit SU-14-0018 to allow a medical marijuana establishment (cultivation) and Special Use Permit SU-14-0019 to allow a medical marijuana establishment (production) located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines Applicant. Scott Sibley Agent. — — Planning Director Brett Waggoner asked to continue this item to September 18, 2018.

Commissioner Schinhofen

made a motion to continue this item to September 18, 2018; seconded by Commissioner Wichman.

Commissioner Koenig

opened the public hearing.

Commissioner Koenig

opened the public hearing. Sandra Tiffany was present and asked to have the high school people write a letter to her requesting a donation.

Commissioner Koenig

closed the public hearing.

Commissioner Schinhofen

made a motion to approve with the condition they should be open, operating and in production within two years; seconded by Commissioner Wichman; 5 yeas. 10. 11:00 For Possible Action Public Hearing Discussio n and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-0 9: A Bill proposing to amend Nye County Code Section 17.04.200.A.3 Building Separation, relating to the requirement to have a minimum of ten (10) feet of separation between all buildings on a single parcel in a residential zoning district; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effecti ve date. Brett Waggoner explained this had been on the agenda before, but it failed due to no motion. All it was doing was reducing the building setback require ments which were currently ten feet. The way the Code was written today that would also apply to a one- day shade, such as a carport, and that would be required to be ten feet away from the principal structure. Also, this was in line with the minimum require ments regarding residential for fire separation.

Commissioner Koenig

opened the public hearing. Charles Needle asked if it would be grandfathered for existing buildings.

Commissioner Koenig

noted it was going from ten feet to five feet so he was not sure why it would be grandfathered. Louis DeCanio said he had lived in Desert Greens since 2006, which was very tight and new things were coming in the same way. He also researched the law where all new manufactured homes must be converted to real property. In Desert Greens they lease the property and place a home they own on it. He said what was going on at Desert Greens was totally different than what the Code allowed and he wonde red why it was that way. He thought Desert Greens should be made to abide by the laws. August 21, 2018 10. 11:00 For Possible Action Public Hearing Discussion and deliberation to: — — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-09-Cont’d. Dave Stevens thought this was a good law.

Commissioner Koenig

closed the public hearing.

Commissioner Schinhofen

made a motion to adopt Bill No. 2018-09; seconded by

Commissioner Cox

was concerned about reducing the setback as far as neighbors go. Also there was a question about shade covers. This talked about buildings and she wondered how this affected shade covers as they were not buildings and neither were sheds. She suggested separating shade covers and sheds from this. She also wondered what the definition of buildings was.

Mr. Waggoner

referred Commissioner Cox to the definition of accessory buildings in the Code. A shade cover, storage shed, and detached garage would all be considered accessory buildings. He added this had nothing to do with separation between properties. This was for buildings located within the same parcel.

Commissioner Cox

stated it did not say that. She thought the definition was too broad and that instead of reducing the law and having to do something else that it should be left alone and Desert Greens should be made to abide by it in the future.

Commissioner Schinhofen

explained this complied with State law so there was no issue there. That was why he asked to have it brought back because he misunderstood it before.

Commissioner Koenig

added it also did not affect the property line where a house could be built.

Commissioner Cox

thought it was too vague because people could build right on the lot line. She understood Fire Chief Lewis said this was State law, but she thought the County could still write it different. She did not want to endanger firemen or emergency responders and her thing was safety here. She then asked to hear from Fire Chief Lewis as to his personal standpoint and experience as a fireman. Fire Chief Scott Lewis said the concerns were valid, but the requirements being addressed today were for accessory outbuildings such as sheds, not primary dwellings or other types of structures, and were currently the code and fire requirements.

Commissioner Cox

stated she did not understand what the purpose of doing this was and did not think it was a good thing for the people or the future. August 21, 2018 10. 11:00 For Possible Action Public Hearing Discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-09-Cont’d.

Commissioner Schinhofen

set the effective date as September 10, 2018. 11. 11:00 For Possible Action Public Hearing Discussion and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-15: A bill proposing to adopt a Development Agreement between the County of Nye and ARES Nevada LLC, as the Developer of the Regulation Energy Management Project, to construct and operate an Access Road, Maintenance and Control Buildings, Rail Line, Rail Line CorridorlMaintenance Roadway, Overhead Catenary Powerline and Interconnection Line, Laydown Yard and Temporary Construction Areas on approximately six-acres of public lands located within Nye County on Bureau of Land Management parcel APN: 045-011-13 and generally located at the Nye-Clark Càunty line in the southeast area of the community on property addressed as 8500 E Manse Road and located within T2IS, R54E, Section 1; providing for the severability, constitutionality and effective date thereof; and other matters properly related thereto.

Commissioner Schinhofen

explained ARES was a green energy initiative where they ran train lines and stored battery power. Most of the rail would be in Clark County, but the control building would be in Nye.

Commissioner Schinhofen

made a motion to approve the development agreement; seconded by Commissioner Borasky.

Commissioner Koenig

opened the public hearing. Brett Waggoner read some changes to the development agreement into the record as follows: • On page 27, in paragraph 3.i., add a sentence at the end of that paragraph stating the developer would provide authorization from BLM for access. • In the fifth line of paragraph 4, add at the end of the sentence stating the right of way may eventually be turned over to Nye County “if built to Nye County standards” per comments from Public Works. • On page 28 under paragraph 2, change 20 feet to 24 feet per comments from Public Works. • In paragraph 3 on page 28, after 6.5% add “and ensuing drainage is not blocked.” August 21, 2018 11. 11:00 For Possible Action Public Hearing Discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 8-1 5-Cont’d. • At the end of paragraph 6 on page 28, add “to be deter mined by a drainage study.” • Change the 2006 International Fire Code to the 2012 Inter national Fire Code in the next paragraph.

Commissioner Schinhofen

amended his motion to appr ove the development agreement with the changes outlined by the Planning Director; Com missioner Borasky amended his second.

Commissioner Cox

said she was looking for something about noise level.

Mr. Waggoner

stated his understanding that these were not trains in the sense of being on a track in Las Vegas. They crept and moved on dem and when there was a fluctuation in the grid system and it required some pow er. The motion to approve the development agreement with the changes outlined by the Planning Director passed with 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHW AY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 12. General road report by Public Works Director. Public Works Director Tim Dahl was present.

Commissioner Cox

thanked the crews for the pothole fixes, but she had another complaint about even bigger ones on Park Ridge toward Gamebird.

Commissioner Borasky

asked if Mr. DahI had a plan for the trees growing in the County right-of-way.

Mr. DahI

said they were going to implement a spraying weeds program in the spring. He had spoken with Tn-County Weed and believed they had come up with a plan to combat the weeds next year along with mowing them .

Commissioner Koenig

assumed the Chair of the Boar d of County Commissioners. August21, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. Committee Reports There were none. 14. For Possible Action Discussion and deliberation to 1) accept or reject any or all bids and provide direction to staff regarding Bid #2018-02 Golf Course Management for the Lakeview Executive Golf Course; 2) execute the contract; and 3.) Fund from 25521, Lakeview Golf Course. There was one bid received. The amount of the bid is $4,500 per month for base management fee, $1,000 per month for Accounting Fee.

Commissioner Schinhofen

said this company came highly recommended and did a lot of municipal golf courses. The price to manage per month could easily be taken up in the 1% room tax fee so it would not be a drag on local tax dollars.

Commissioner Schinhofen

made a motion to 1) accept the bid, 2) execute the contract and 3) fund from 25521, Lakeview GoTf Course; seconded by Commissioner Wichman. Dwight Lilly felt the taxpayers would be affected as they would pick up any losses in the agreement, yet there did not seem to be any yearly budget in the contract that would address a spending limit. He hoped the contract would be reviewed again and some provision put in that would protect a maximum outflow of tax dollars each year because right now it was open ended. Ammie Nelson mentioned the public outcry when the decision was made to purchase this golf course. She understood now that the 1 % room tax was going to be used and she thought that could be put toward other things needed in the County and in Pahrump. She also thought the golf course was to be run and kept up by volunteers. Tina Trenner did not understand how a county could go into a defunct business, drag the taxpayers along and then ask them to pick up the bill. She thought this was wrong and that the golf course should be eliminated as the taxpayers should not be responsible for it. She also wondered if the 1% room tax in other towns like Tonopah, Beatty and Round Mountain would be used for this as well. Joel Opatik had hoped the RFP would be less narrow in scope to allow for other bidders. He thought the course could be managed locally for less without giving up incentive fees. All revenue should be retained by the facility for expenses and growth, not management and enrichment, and golf could not be the only source of income, It needed to be promoted as an entertainment center. Mr. Opatik asked the Commissioners to reconsider the REP to narrow the scope and also offer an annual agreement in the event the proposal did not meet expectations. August21, 2018 14. For Possible Action Discussion and deliberation to 1) accept or reject any or all bids and provide direction to staff regarding Bid #2018-02 Golf Course Management for the Lakeview Executive Golf Course; 2) execute the contract; and 3.) Fund from 25521, Lakeview Golf Course. There was one bid received. The amount of the bid is $4,500 per month for base management fee, $1,000 per month for Accounting Fee-Cont’d. Danielle McKee, Grants and Contracts Manager, explained the way the contract was laid out was the management company would oversee operations at the golf course. All revenues received from operations such as the snack bar would be deposited into the town’s bank account and that bank account would pay for all expenditures at the golf course. The management company overseeing the operations would make recommendations to town staff as to the number of staff members needed and would come up with a marketing plan. Town staff would then implement that plan with expenditures and revenues flowing through the town and they would be paid as a management firm.

Commissioner Cox

said she understood this was going to be self-funded, but now hiring a firm was being talked about, which meant spending taxpayers’ money no matter where it came from. She agreed the money could have been spent on something for everyone and thought the majority of the reason to even save the golf course was because Great Basin needed it for its effluent water. Commissioner Cox thought Great Basin should cough up some money or should do it in the first place.

Commissioner Schinhofen

noted that when the Board held the hearings and did its due diligence the room was full of people who wanted this. He said this was not for a small group of people like the tennis courts, soccer field and arena the town paid for. This was an amenity for the town and the people in the town in general. Also, it was never discussed to be run by volunteers. When he brought it forward the intent was to always have an outside company run it.

Commissioner Schinhofen

made a motion to set the effective date as September 10, 2018; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 14. For Possible Action Discussion and deliberation to 1) accept or reject any or all bids and provide direction to staff regarding Bid #2018-02 Golf Course Management for the Lakeview Executive Golf Course; 2) execute the contract; and 3.) Fund from 25521, Lakeview Golf Course. There was one bid received. The amount of the bid is $4,500 per month for base management fee, $1,000 per month for Accounting Fee-Cont’d. Samantha Tackett said there had been discussion about changing the word “township” to “town.”

Commissioner Schinhofen

made a motion to change “township” to “town;” seconded by

Commissioner Wichman

; 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.

Commissioner Koenig

asked that item 16 be removed from the consent agenda for discussion. August21, 2018 15. For Possible Action — Approval of Elected Official Collection Report.

Commissioner Schinhofen

made a motion to approve items 1 5 and 1 7-19; seconded by

Commissioner Wichman

; 5 yeas. 17. For Possible Action Approval to accept the State of Nevada Emergency Response Commission’s (SERC) FY19 United We Stand (UWS) grant in the amount of $25,000 to provide security cameras for buildings/offices and one Chemical Detector to members within our Local Emergency Planning Committee (LEPC). Nye County Department of Emergency Management (DEM) will assist the LEPC in managing this grant. This grant will be administered out of Fund 10340 grants. A match of $2,150 is not required, but is budgeted out of Fund 10101, should it be necessary to cover additional costs.

Commissioner Schinhofen

made a motion to approve items 15 and 1 7-19; seconded by

Commissioner Wichman

; 5 yeas. 18. For Possible Action Approval to accept the FY 2019 State of Nevada Emergency Response Commission’s (SERC) Planning, Training, Equipment and Operations grant award in the amount of $1 5,975.19 to provide solar batteries, one portable gas monitor, and personal protective equipment to members within our Local Emergency Planning Committee (LEPC). Nye County Dept of Emergency Mgmt. will assist the LEPC in managing this grant. This grant shall be administered out of Fund 10340 Grants and there is no match required.

Commissioner Schinhofen

made a motion to approve items 15 and 1 7-19; seconded by

Commissioner Wichman

; 5 yeas. 19. For Possible Action Approval to accept a grant award 2016-SAKI-lO from the State of Nevada Office of the Attorney General in the amount of $8,681.00 to cover officer overtime and travel relating to the Sexual Assault Kit Initiative 2016. There is no match requirement for this grant. This grant will be administered out of Fund 10340 Grants.

Commissioner Schinhofen

made a motion to approve items 15 and 1 7-19; seconded by

Commissioner Wichman

; 5 yeas. August21, 2018 16. For Possible Action Approval of Assessor’s Office Change Request to: 1) allow the Nye County Treasurer to process and send an amended tax bill of $446.42 to the owners of APN 043-511-08; 2) allow the Nye County Treasurer to process and send an amended tax bill in the amount of $306.30 to the owners of APN 040-032-07; 3) allow the Nye County Treasurer to process and send an amended tax bill in the amount of $307.31 to the owners of APN 045-272-32.

Commissioner Wichman

made a motion to approve items 1) and 3), and item 2) would be returned to the Board at the next meeting due to an error with the APN number; seconded by Commissioner Schinhofen; 5 yeas. BOARD OF COMMISSIONERS 20. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 21. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 22. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 23. For Possible Action Discussion and deliberation to ratify the letter and comments that have been submitted for Nye County Comments for the May 2018 Bureau of Land Management (BLM) Draft Environmental Assessment (EA), Land Withdrawal for Land Management Evaluation Purposes (LME) for the Fallon Range Training Complex, Document No. DOl-BLM-NV-C010-2018-0009-EA.

Commissioner Wichman

made a motion to ratify; seconded by Commissioner Schinhofen; 5 yeas. August21, 2018 24. For Possible Action Discussion and deliberation to: 1) move the first Nye County Board of County Commissioners meeting in Nov ember to November 13, 2018; and 2) reschedule or cancel the second Nye County Board of County Commissioners meeting for November 2018, tentativel y scheduled for November 20, 2018. Tim Sutton advised the date staff was looking at was Nov ember 12, 2018, but that was a holiday, so the proposal was to have the first meeting on Nov ember 9, 2018.

Commissioner Wichman

made a motion to approve Nov ember 9, 2018, for the first meeting of the Board of County Commissioners in November; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Wichman

made a motion to leave the seco nd meeting as November 20, 2018; seconded by Commissioner Schinhofen; 5 yeas. TREASURER 25. Treasurer’s Report. Tim Sutton said the Treasurer asked that this item be heard after lunch. PUBLIC PETITIONER 36. For Possible Action Discussion and deliberation rega rding approval of a Nathan Adelson Hospice Memorial Garden at the CaNada Eye 2100 E. Walt Williams Dr. Pahrump, NV 89048.

Commissioner Koenig

was not present. Commissioner Schi nhofen assumed the Chair of the Board of County Commissioners. Stephanie Forbes from Nathan Adelson Hospice explained they were asking for this memorial garden, whether a garden with bricks or with some sort of sculpture, to provide a place for family members to memorialize their loved ones.

Commissioner Wichman

said unfortunately there was no back-u p showing the plans.

Commissioner Schinhofen

asked what area was being identif ied for it at the Eye. Samantha Tackett said staff had a few places in mind and hope d there would be direction to staff to work with Buildings and Grounds to pinpoi nt one

Commissioner Wichman

made a motion for staff to work with Buildings and Grounds and bring a plan back; seconded by Commissioner Borasky; 4 yeas. The Board was in recess until 1:30 p.m. August21, 2018 COUNTY MANAGER 26. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDRs) for Nye County for the 2019 Legislative Session.

Commissioner Koenig

said he wanted to put the fire district back on so it would be there years from now just in case he did not use it. Lorina Dellinger said if the Board did not have a special meeting between now and September 1, 2018, this was the last opportunity to take action on moving one forward.

Commissioner Wichman

asked to have a BDR on there that would hold a spot for bail reform.

Mrs. Dellinger

said action was needed on this item to prioritize and if one did not work out there would be a back-up. She listed the potential BDRs as eliminating the county employee collective bargaining units and amending the public safety sales tax to allow emergency management to benefit from the proceeds.

Commissioner Wichman

said to eliminate that one.

Mrs. Dellinger

said also on the list was splitting the county into two counties and amending NRS Chapter 259 pertaining to coroners and investigation into cause of death.

Commissioner Schinhofen

commented that splitting the County would require a constitutional amendment so he was not sure how a BDR would do that. Regarding bail reform, Commissioner Wichman explained in the State of Nevada there were over 10,000 people incarcerated on any given day at a cost to the State and by association the County of $57.00 per day. Of those 10,000 people 74% were first time offenders and half of that 74% were non-violent offenders in on a misdemeanor. The proposal she sent to Tim Sutton was to adopt something similar to other codes in other states that lined out exactly what was expected from law enforcement officers on misdemeanor first time charges with no violence attached to them. The second part would be to add four or five questions to the bottom of the declaration of arrest, the last question asking the officer if they were opposed to release and if so why.

Commissioner Koenig

said he would rather have the Legislature take that instead of using a County BDR since it was statewide.

Commissioner Schinhofen

suggested prioritizing them as fire district, coroner, bargaining units because he knew that one had a slim chance, and then bail reform. August21, 2018 26. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDRs) for Nye County for the 2019 Legislative Session-Cont’d.

Commissioner Wichman

said to remove bail reform. As far as the fire district, unless someone changed the property tax structure so the County could tax more it too had a slim chance simply because the County was against the limit on what could be charged for property taxes. Changing that required a constitutional amendment and would take six years. She suggested sticking to the one for the coroners which had the potential to save the taxpayers a lot of money.

Commissioner Schinhofen

made a motion to prioritize the coroner, fire district, and the bargaining units; seconded by Commissioner Borasky; 5 yeas. TREASURER 25. Treasurer’s Report. Treasurer Pam Webster said two trust property auctions were held. The first one generated $606,000.00 in income and the second one generated $490,000.00 in income of which $436,000.00 was back taxes. The office was now fully staffed and Jennifer Perry had taken the position of Chief Deputy. Her position in Tonopah was moved to the Pahrump office because there was only one person in Pahrump and that was staff’s recommendation. The intent was to ultimately go back to being open five days a week. As far as training, she said it had been so much more than that from the standpoint of reviewing business practices and making sure the office was in line with the laws, deadlines and other requirements. Out of that process had come an in-depth understanding for the staff. The office was also continuing to streamline as many processes as they could. As far as her reports, Mrs. Webster said they would be on the next agenda in time for year end. 27. For Possible Action Discussion and deliberation concerning a request to investigate a complaint against the Public Administrator’s office, regarding administration of Francis Melvin Cox’s property after his death. Complainant, Cheryl Beeman.

Commissioner Schinhofen

made a motion to direct the District Attorney’s Office to look into the complaint and do an investigation of the Francis Melvin Cox property after his death, complainant Cheryl Beeman; seconded by Commissioner Wichman. Cheryl Beeman first pointed out the wording of the agenda item was wrong as it did not say the property was held in joint tenancy with her and Mr. Cox at the time of his death. She then requested the Board appoint a disinterested third party investigator which would eliminate several law firms in the community. Lastly, she asked the Board to go with the recommendation as proposed by the District Attorney’s Office to set a timeframe for when this investigation was to begin, when it was to conclude, and when August21, 2018 27. For Possible Action Discussion and deliberation concerning a request to investigate a complaint against the Public Administrator’s office, regarding administration of Francis Melvin Cox’s property after his death. Complainant, Cheryl Beeman-Cont’d. the findings would be presented to the Board with the actions deeme d necessary to resolve the complaint.

Commissioner Schinhofen

said he was not willing to go with an outside company and was happy with the District Attorney’s Office looking this over. He asked how long they would need. Bradley Richardson said about 45 days.

Commissioner Schinhofen

amended his motion to have the Distric t Attorney’s Office look into this and report back in 45 days; Commissioner Wichman amended her second.

Commissioner Koenig

suggested the last meeting in November.

Commissioner Schinhofen

amended his motion to have the Distric t Attorney’s Office look into this and report back to the Board at the November 9, 2018 meeting;

Commissioner Wichman

amended her second; 5 yeas. 28. For Possible Action Discussion and deliberation and poss ible enforcement action to respond to non-conforming use of the property at 2790 E. Camellia Street, Pahrump, Nevada regarding revocation of Conditional Use Permit CU-b 0013.

Commissioner Schinhofen

said he was intimately familiar with this item. The conditional use permit was revoked by this Board because the gentleman was allowed up to 30 dogs and went to 1 30 dogs. On April 1 5, 2018, he asked the Distric t Attorney’s Office when the Board could move forward and was told they had to wait for an appeal. When no appeal was filed he asked again and was told criminal charges needed to be filed. It was now two years later and his neighbors were beside themselves. He expressed his frustration with the length of time that had passed.

Commissioner Schinhofen

made a motion to take action and remedi ate this as quickly as possible to give those citizens some relief; seconded by Commissione r Wich man.

Commissioner Koenig

pointed out these were very large dogs living on an acre. The motion to take action and remediate this as quickly as possible to give those citizens some relief passed with 5 yeas. August 21, 2018 FINANCE 29. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within Nye County General Fund (10101).

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 30. For Possible Action Discussion and deliberation to: 1) Award Bid 2018-06 Northern Nye County Road Projects to Wulfenstein Construction. The amount of the bid, is $457,175.68; 2) Execute the contract; and 3) Fund from 10205 Nye County Road Fund.

Commissioner Wichman

made a motion to 1) award the bid, 2) execute the contract and 3) fund from 10205, Nye County Road Fund; seconded by Commissioner Schinhofen; 5 yeas. 31. For Possible Action Discussion and deliberation to: 1) Award Bid 2018-09 Pahrump Valley Blvd., Resurfacing to Wulfenstein Construction. The amount of the bid is $991,992.10, not including optional items at this time; 2) Execute the contract; and 3) Fund from 10205 Nye County Road Fund. Danielle McKee said the decision had been made to only move forward with the base items at this time and old figures were shown under the complete description on the agenda form. The correct amount was $991,992.10.

Commissioner Schinhofen

made a motion to 1) award Bid 2018-09, 2) execute the contract and 3) fund from 10205; seconded by Commissioner Wichman. Charles Nevel asked if this included bike lanes.

Commissioner Schinhofen

said yes. Richard Goldstein pointed out that the back-up showed it going from Highway 372 to Gamebird and asked if they were going to just slap another coat on it or dig it up and redo the street.

Commissioner Schinhofen

said there was no base there, so they were going from Highway 372 to Calvada totaling rebuilding the base like Homestead and then would widen it out.

Mr. Goldstein

said from Gamebird to Manse was probably the worst and asked if anything would be done with that section.

Commissioner Schinhofen

advised the RTC would take those up next year. August21, 2018 31. For Possible Action Discussion and deliberation to: 1) Award Bid 2018-09 Pahrump Valley Blvd., Resurfacing to Wulfenstein Construction. The amount of the bid is $991,992.10, not including optional items at this time; 2) Execute the contract; and 3) Fund from 10205 Nye County Road Fund-Cont’d.

Commissioner Schinhofen

said he had spoken to the Planning Director about this. This property was brought up before about doing a bigger commercial area and there were concerns about traffic.

Commissioner Schinhofen

made a motion to approve the tentative commercial subdivision map with the condition that they enter into a development agreement with the County for this property; seconded by Commissioner Wichman. Dave Richards said they were not expecting a development agreement since they were so specific in the design and phasing. This was just the tentative map and they hoped if they were to do development agreements those could be done with each phase of development instead of the overall project as one.

Commissioner Schinhofen

said his concern was it was a large parcel. The total build out would be pretty invasive and he wanted a development agreement to make sure the roads were covered. Brett Waggoner reminded everyone this was a tentative map and it would have to come back as a final map for approval.

Commissioner Schinhofen

made a motion to continue this item to September 18, 2018; seconded by Commissioner Wichman; 5 yeas. 34. For Possible Action Discussion and deliberation rega rding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2018-07: A Bill proposing to amend Nye County Code Title 17, Com prehensive Land Use Planning and Zoning, by adding Section 17.04.820 relat ing to the standards for the placement of Manufactured Homes and Factory-B uilt Homes; and providing for the severability, constitutionality and effective date there of; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

made a motion to set the date, time and location as September 18, 2018, for Bill 2018-07 at 11:00 a.m. in Pahrump chambers; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. PUBLIC WORKS 35. For Possible Action Discussion and deliberation to: 1) extend the period of performance for Wulfenstein Construction Co., Inc. cont ract 10-00133, through June 30, 2019; 2) increase the contract amount by $250,000 for a total contract amount of $1,660,750.00; and 3) provide the County Man ager authorization to execute all future change orders for this contract. Tim DahI said this was the annual cold mix contract.

Commissioner Schinhofen

made a motion to extend the period of perlormance to Wulfenstein Construction contract 10-001 33 through June 30, 2019, increase the contract amount by $250,000.00 for a total amount of ,660 $1 ,750.00, and provide that the County Manager had authorization to execute all future change orders for this contract; seconded by Commissioner Wichman. August 21, 2018 35. For Possible Action Discussion and deliberation to: 1) extend the period of performance for Wulfenstein Construction Co., Inc. contract 10-00133, through June 30, 2019; 2) increase the contract amount by $250,000 for a total contract amount of $1,660,750.00; and 3) provide the County Manager authorization to execute all future change orders for this contract-Cont’d.

Commissioner Cox

asked for an explanation of the $250,000.00 increase.

Mr. DahI

said the increase was just to the annual amount of cold mix that the County was contracted with Wulfenstein to purchase.

Commissioner Schinhofen

asked where this would come from. Savannah Rucker advised that in the past it had come from miscellaneous overhead in the general fund and she believed $5,000.00 was available this year. John Pawlak, Chair of the Southern Nye County Conservation District, thought the $1 ,000.00 annually might be a mistake. In the past the stipend was $2,000.00 and they would love to see that once again. He pointed out that every cent they got went back into the community.

Commissioner Wichman

asked if his conservation district worked with Weed Management, to which Mr. Pawlak responded yes. Tim Sutton pointed out the County provided a contribution to the Northern Nye County Conservation District and there was an MOU in place. The request was to have an MOU here as well.

Commissioner Schinhofen

made a motion to approve a total of $6,000.00, $2,000.00 for this year, $4,000.00 for back, and the conservation district would work with staff to bring forward an MOU; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

was not present. ____day August 21, 2018

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of ,2018. CntyCrk/ Deputy j/4, An attack against one is an attack against all Quote...from Cory Booker progressive politician: “We’re sick and tired of the constitution sitting in the National Archives, manipulating everything we do” Quote: Elezabeth Warren...Socialist “We need judges to be advocates of progressive laws, not people who will bow to the whims of the constitution, pitting its extemeist values of freedom of speech and freedom of religion against our agenda” Quote: Chuck Schumer .progressive socialist .. “Time and time again, we find progressive laws getting struck down. And it’s always, always the ones the constitution is against. These right wing judges don’t think for themselves, they just do whatever the constitu ion says . And it’s time for that to end” 1 The ongoing assault agains tone of our own whose only crime in reality, is insisting on his constituions right to equal treament under the law and due process has to end. No ordinance should ever be construed to be anti business and anti employment. In my opinion, the first duty of government is to assist businesses and workers in the exercise of their right to work, earn and enhance our community. No one official’s focus should be on forcing their personal moral beliefs and ideas down the throats of other citizens. This is one reason why we have a speration of church and state. We are a nation founded on religious precepts yet also recognizing that no one persons interpretation of God’s will should lead them to judge over others, and restrict the constitutional rights of those they disagree with. Please Mr Chairman, counsel this board of commissioners to stop the persecution, look to and dwell on the good a business does and dwell not on the ego driven prejudices that lead to the loss of emplyment and commerce. The actions of the Brothel hearing at the last meeting, have for a second time this year put our fellow citizens out of work, lead to the stress of the lives of the live’s their children and dependents. Has cost a business owner 2 much.. and our freedom under the constitulon even more. The focused persecution has put a chill over all businesses and their emplyees and owners as the wonder, will we be next. Think of the positives a successful business brings to the community, we don’t have disease ridden street walkers here on our streets, and dangerous pimps. No child slaves nor the stess on our law enforcement due to illegal prostitu ion. The brothel ordicnace works, but petty manipulations hurts when it is used as atool of oppression. Thank you 7D 3 -‘ L3 % r T. I’ C L ‘IL M flost e L S -- e e4— fl S eJ FbZ] oP e rt Oc e ea 2 ( 1-L L QV e w T ‘, c iu L LQ LA i) ‘ , c Zo, L0 c- 31-L(2 V\ -€k c ri & bi , C’ 5 124 L V / t p li C U(QüSPLH-L7 b C4t p 3 0 (L)h.1 L..& S a. r e yea, e ‘ () b rc L4 ‘“t Lt ‘ 1 C,r- •_\ L9 dL PP R ) t4Q. -5 4”-I5 -PI2_ -e e- ‘-‘- P Ctzj r’ Lb 5 0 o,rYi E5 \ (L1 I__ t-A \ ‘a’ 6 F eL 1(• L F ep 1r 3 0 yI’ \— -V + v * , Cey<-.-- -z c b , — cr-r I’ I I ! Uc -c-\ 5 .I- If I Lc2 Qçc V 00a.e oo-L. I (LI) 0 ---rZ &‘ s V) ka-L4% c_(,--- Cc1+—& %e, L b 2- Ar 1D r -t2v3 ( C. e-c- , p \-&fl ss I (b e 4LO’A lA1 ‘y•f 4,w4 --e-n- ‘ Th - Ci’ 7 I . -Fkthu tltJ e 42t J o, Pc—(Q) S’c &5 flv—_ 1\C c3 ) 2/1&fr?tf t,MM jC7 nwk Ô2 kffi fDi —)--c &Li t af4/ P 1 e6 L-A eciJL t-4 L’-esc sL j