January 7, 2019

Mr. DeCanio

also congratulated Lisa Chamlee noting it had been almost three years since Pahrump Justice Court Department A had a Pahrump resident as a full-time judge. Additionally, Mr. DeCanio congratulated Chris Arabia and said the last several Nye County District Attorneys did not set the bar too high when it came to knowledge of the law. He felt confident Mr. Arabia would change all that and hoped that 2019 would be the start to putting Pahrump and Nye County on the right track for a dignified and prosperous future. Wade Hinden welcomed all newly elected officials. He said it was nice to have new people that were going to represent the rural lifestyle of Pahrump and asked them to work to maintain that rural lifestyle. January 7, 2019

Commissioner Wichman

nominated Commissioner Koenig; seconded by Commissioner Cox; 4 yeas. Commissioner Koenig abstained.

Commissioner Cox

nominated Commissioner Strickland; seconded by Commissioner Wichman; 4 yeas. Commissioner Strickland abstained.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

welcomed Commissioners Blundo and Strickland to the Board.

Commissioner Strickland

said she was grateful for the opportunity. There were strong individuals on the Board and she knew everyone was going to do a fantastic job.

Commissioner Blundo

thanked the citizens for the opportunity to sit here and do the County business. He reminded everyone the annual social services fair would be on January 16, 2019, at NyE Communities Coalition from 9:00 a.m. to 2:00 p.m.

Commissioner Cox

said there would be a hearing in Judge Lane’s court on January 8, 2019, at 10:30 am, in the Ed Goedhardt vs. Nye County matter regarding the appointment of the person to the Assembly District 36 seat. January 7, 2019 8. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)-Cont’d.

Commissioner Wichman

advised the deadline for filing protests with the BLM concerning the greater sage grouse final resource management plan amendment was tonight at midnight. Due to the government shutdowns and other confusing issues there had not been an opportunity to do the protest letter until Friday night. Commissioner Wichman said the Board could not vote on this because she was just letting them know, but she would bring it back at the next agenda to have it ratified. TIMED ITEMS

Mr. Christiansen

discussed the impacts the project would have such as lane restrictions, reduced speed limits, and road delays.

Commissioner Blundo

asked whether this project or a future project would address the four lanes to two lanes back to three lanes issue.

Mr. Christiansen

said that would be part of this project and it would be four lanes all the way through. January 7, 2019 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Strickland

nominated Commissioner Blundo; seconded by Commissioner Koenig; 4 yeas. Commissioner Blundo abstained.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

Commissioner Strickland

nominated Commissioner Koenig: seconded by Commissioner Wichman; 4 yeas. Commissioner Koenig abstained.

Commissioner Strickland

said at the last meeting she had mentioned to Public Works Director Tim Dahl the need for rumble strips at Bell Vista and the highway and she thanked Mr. DahI for installing those so quickly.

Mr. Dahl

said those were installed at the Bell Vista, Mesquite and Irene intersections.

Commissioner Koenig

asked if Pahrump Valley Boulevard would be striped one of these days and the speed limit bumped back up again.

Mr. DahI

said yes. A final walk had been done and he would record the certificate of completion. He had already signed the requisitions for obtaining the striping and painting material so that would be done in the very near future and the speed limit would go back up to 35 mph.

Commissioner Wichman

asked if he had heard anything from Hadley yet, to which Mr. DahI responded no.

Commissioner Blundo

shared the thanks and gratitude from the people in the Bell Vista area.

Mr. Dahl

expressed his appreciation to NDOT for coming to Tonopah and providing the update on the project they were doing. January 7, 2019 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board.

Commissioner Koenig

nominated Commissioner Strickland; seconded by Commissioner Blundo; 5 yeas. Commissioner Strickland abstained.

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board.

Commissioner Strickland

nominated Commissioner Koenig; seconded by Sheriff Wehrly; 5 yeas. Commissioner Koenig abstained, LIQUOR

Commissioner Koenig

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

Commissioner Strickland

made a motion to approve the waiver of the Pahrump arena use fees for these tentative dates; seconded by Commissioner Cox. Lynn Shirky, the secretary/treasurer of Nevada Western Heritage, said they paid an arena fee for their activity last weekend and they would like to request that back. Also, the tentative dates were approved by the arena committee.

Commissioner Koenig

said the refund would have to be a separate item on an upcoming meeting. January 7, 2019 19. For Possible Action Discussion and deliberation regarding a request to waive Pahrump arena use fees for five (5) approved and ten (10) tentative days for the non-profit community club Nevada Western Heritage, contingent upon approval of the tentative dates by Pahrump Arena Advisory Committee (PAAC) Cont’d.

Commissioner Wichman

made a motion to approve items 20-21; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Wichman

made a motion to approve items 20-21; seconded by

Commissioner Blundo

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Blundo

made a motion to approve changing the dates; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Cox

asked if this was a paid position for Ms. Giampaoli.

Commissioner Wichman

said she was on contract and this was part ol that contract. She explained the only reason this was on the agenda was because she needed a Board appointment for JLUS.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

asked if the dates were right under paragraph C. Ronni Boskovich advised those were the correct dates and it was done that way so the terms would be staggered. January 7, 2019 12. 10:45 For Possible Action Public Hearing, discussion and deliberation — — reqardinq a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 201 8-24-Cont’d.

Commissioner Wichman

made a motion to adopt with an effective date of January 28, 2019; seconded by Commissioner Blundo; 5 yeas. BOARD OF COMMISSIONERS 26. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint a qualified individual to fill the vacancy of the Nye County Treasurer pursuant to NRS 245.170 for a term to expire after the biennial election in 2020 due to the resiqnation of Pamela Webster. Karen Williams urged the Board to appoint John Prudhont. She believed he would be a good appointment for the post and would bring the needed transparency and integrity to the job. Joe Burdzinski said there had been problems in the Treasurer’s Office in the past and he did not want those problems reoccurring. He felt the Board should pick someone who had experience, an understanding of the County principles, and leadership and motivational skills. In looking at the applications it was Mr. Burdzinski’s opinion that person was John Prudhont. Kay LaPointe asked the Board to strongly and thoughtfully consider John Prudhont for Treasurer because of his integrity and qualifications. She pointed out that in the primary he spent a lot of time visiting citizens all over Nye County and Ms. LaPointe felt he would be a great representative. John Bosta recommended John Prudhont. He said one of the most important actions a Treasurer took was investing the County’s money at the best percentage and Mr. Bosta thought Mr. Prudhont was the most qualified of those who had put in for the position. Terry Svejda also spoke in support of John Prudhont and knew he would bring accountability and transparency to the office and would be approachable by the constituents as well. Don Cox hoped the Board considered John Prudhont. Beth Rupp stated her support of John Prudhont. Eileen Prudhont said when her husband John talked about what he wanted for all of Nye County he said it with care and conviction. He wanted transparency in the Treasurer’s Office, would answer questions from the Commissioners quickly, and would ensure the tasks of the office were done. Having managed businesses together with him as chief financial officer and treasurer, Mrs. Prudhont stated her husband was January 7, 2019 26. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint a qualified individual to fill the vacancy of the Nye County Treasurer pursuant to NRS 245.170 for a term to expire after the biennial election in 2020 due to the resignation of Pamela Webster-Cont’d. honest, hardworking, a problem solver, brilliant and qualified, and she knew the Board would be proud to choose him as a Treasurer. Applicant John Prudhont stated his resume showed he was the most qualified applicant. He was a lifelong Republican and came within a few votes behind a well known Commissioner in the primary election for this position. He pointed out the voters had spoken overwhelmingly they wanted a Republican in this office, but the sitting appointed Treasurer was a Democrat. Mr. Prudhont felt his work experience fit and greatly exceeded the responsibilities of this post and that no other candidate appeared to come close based on their application materials. He said the past appointees had let the Commissioners and the citizens down by not being qualified to compile a Treasurer’s report in over a year. Mr. Prudhont said one of his first tasks would be to do the work required to build the Treasurers report on a monthly basis and provide it to the Board to see how it balanced with the information from the Comptroller. Applicant Breca Beighley said she had 25 years of bookkeeping experience and nine years of social working. She believed she would be a good candidate not only because of her background but because she was a person of integrity. She was trustworthy, honest, efficient, and reliable, and she would provide the reports on a monthly basis. Nye County was growing and she thought as a team with the Commissioners and all other officials the County could be made great again. Applicant Raelyn Powers said the employees of the Treasurer’s Office had met the challenges and performed the duties to the best of their ability. She believed her experience qualified her for the position. She said she carried herself with high integrity and believed in the laws and tax structure in place in the County. Applicant Lance Schauss said there was a lot of work to be done in the Treasurer’s Office and he was the man for the job. He also campaigned for the position and did well, but did not win. When he originally started he had an idea he would be able to help the department grow and prosper, simplify things, and just generally become more efficient. He had been involved in real estate and had purchased properties all over the country through tax sales so he knew a little bit about that. As far as qualifications, he felt most of the people in the meeting were qualified to do the job, but he had more than just an idea to get the job done and get the reports out. Applicant Jennifer Perry said she had been with Nye County for 12 years, 10 of those in the Treasurer’s Office, and she had been the interim Treasurer for three months. Mrs. Perry believed her experience in the County gave her the background knowledge and the office would be one step ahead if she was appointed. She had knowledge of the January 7, 2019 26. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint a qualified individual to fill the vacancy of the Nye County Treasurer pursuant to NRS 245.170 for a term to expire after the biennial election in 2020 due to the resignation of Pamela Webster-Cont’d. County’s complex fund structure, investment policy and the statutes. She had built relationships with other departments and with outside entities that continued to grow and those relationships insured smooth transactions and collaborative problem solving.

Mrs. Perry

said in the past year she had been an integral part in making the policies and procedures in the office to ensure timely deposits, correct receipting, and checks and balances. She was well versed in the NRS that dictated the day to day procedures in the Treasurer’s Office, the tax sales, delinquency procedures, advertisements, letters, and property tax collections. Additionally, a new tax software system would be implemented this year and Mrs. Perry questioned how someone who was not familiar with the old system could come in and make decisions to implement the new system. She had plans to make the office more accessible, transparent and responsive, and she wanted to continue with cross training along with providing additional training and opportunities to help the team succeed and be better help to the public. Mrs. Perry believed she was the best candidate for the job.

Commissioner Strickland

made a motion to appoint John Prudhont; seconded by

Commissioner Blundo

said he was humbled there were so many qualified people who stepped forward and he thanked all of the applicants.

Commissioner Strickland

asked the Comptroller to give the Board some idea of what was being looked at for January 22, 2019. Savannah Rucker explained Nye County was on fiscal watch until April, 2018, when the Committee on Local Government Finance (CLGF) released the County from that status. CLGF worked with the County to provide guidance to move forward with a successful financial plan. At this point CLGF, and the Department of Taxation (DTAX) were struggling with the fact that the bank reconciliations and the Treasurer’s report were not done as that was holding up the audit, The reason for the delay was the turmoil in the Treasurer’s Office with the Treasurer before Pam Webster and the former chief deputy Treasurer who both retired at the same time. That created significant issues in the department. CLGF and DTAX would discuss with the County how to identify past issues, rectify them, and set policies for the office to move forward successfully and not have this happen again. Mrs. Rucker said the right person needed to be in the position to work with her office to present to the CLGF with the goal to not be placed back on fiscal watch.

Commissioner Strickland

said her recommendation and nomination were because of the need for leadership and her nomination stood. January 7, 2019 26. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint a qualified individual to fill the vacancy of the Nye County Treasurer pursuant to NRS 245.170 for a term to expire after the biennial election in 2020 due to the resignation of Pamela Webster-Cont’d.

Commissioner Cox

thanked everyone who had the tenacity to run for an office. She said there were a lot of good workers in the Treasurer’s Office and this was not a matter of appointment but rather leadership. She knew Mr. Prudhont and thought he would work well with the Comptroller. He had the time, the experience, and had been around in a lot of different fields, especially real estate. He also had the support of the people and did well in the election. Commissioner Cox said she would support him in this as she felt he was the best qualified person and had the support of the people.

Commissioner Wichman

agreed that there were some fantastic candidates. She said she lived through the previous administration in the Treasurer’s Office and there was absolutely a big problem in that office. When Pam Webster agreed to step in, she and her chief deputy Mrs. Perry compiled procedure manuals and started cross training.

Commissioner Wichman

knew the office would not turn around overnight and that time was needed for the procedures and policies in place to mature. She wanted the other candidates to know she would have to put her support behind Mrs. Perry because she had been intimately involved with the CLGF as well as Pam Webster’s efforts, but her vote was not a vote against anyone. Her vote was for someone tried and true in her mind who had worked with the individuals, knew the process, and knew what was trying to be put together to save that office from any further ridicule of the CLOF.

Commissioner Koenig

believed Mrs. Perry was doing a good job. The problems in the office were because the previous administration did not let anyone know what they were doing and Mrs. Webster and Mrs. Perry had corrected that. He felt if they were left alone it would get done. He stated he expected to see a Treasurer’s report as soon as possible. He also told Mr. Prudhont he would be in Carson City with staff so he should be prepared to explain what he was going to do.

Commissioner Blundo

said his vote was in no way reflective of a negative stance on

Mrs. Perry

. He was thinking long term and of the best interests of the County having new eyes and teaming up with her as chief deputy to make the best combination to pull the office out of disarray. He looked forward to both of their leadership. January 7,2019 CLERK

Commissioner Wichman

made a motion to appoint Tim Carlo; seconded by

Commissioner Strickland

; 3 yeas. Commissioners Blundo and Cox voted nay.

Commissioner Wichman

made a motion to appoint Robert Spivey, Jr.; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Wichman

made a motion to appoint Charles Lix; seconded by

Commissioner Blundo

; 5 yeas. DISTRICT ATTORNEY

Commissioner Wichman

made a motion to remove Exhibit C as requested by staff; seconded by Commissioner Strickland.

Commissioner Koenig

said he was upset by the tact that after he signed this paperwork ABC found it in their interest to remove Exhibit C and now it was back to the Board to say okay.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo.

Commissioner Blundo

said he was disappointed this did not get going as he supported seeing rural housing in Tonopah. He would like to see this come back moving in the right direction.

Commissioner Blundo

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

Commissioner Strickland

thought the issue of who would pay the closing costs should be addressed further in the contract as it referenced customary closing costs and nothing in this business was customary. January 7, 2019 34. For Possible Action Discussion and deliberation to: 1) adopt1 amend and adopt or reject Nye County Resolution No. 2019-04: A Resolution Authorizing the Leasing With Option to Purchase of Approximately Five Acres of Real Property Located At 7401 E. Manse Road; Pahrump, NV, APN 047-041-02; and 2) approval of a Lease Agreement with Option to Purchase with Artesian Cellars, LLC. for approximately five acres of unimproved real property located at 7401 Manse Road, Pahrump, NV 89060 APN #047-041-02 to be developed as a grape vineyard and production facility-Cont’d.

Commissioner Wichman

had questions regarding the NRS as this was not a procedure she had seen before. Tim Sutton advised staff worked closely with the District Attorney as they had the same concerns.

Commissioner Strickland

said under 16.a. Nye County needed to be added as an additional insured. John Bosta said he was bothered by the discussion of water reduction by the company. The appraiser’s evaluation showed a great big bare piece of land with no indication that water or sewer was available to the property. He questioned the increase in the payments for water over the years and who the payments were going to be made to. He asked if they had to drill a well and pay for electricity to the property. He also wondered why they did not just buy the property now for S75.000.O0 instead of at the end of five years. As to item 12. Mr. Sutton advised the lessee would have to be approached with those changes. Regarding the County being an additional insured, he pointed out the last sentence in section 16.b. where it said the County shall be a named insured on the policy. Pam Tyler from Artesian Cellars advised the water fees would go to the Pahrump Utility Company and Valley Electric would provide the utilities. As to why the water cost went up each year, Ms. Tyler explained they were going to build out one acre at a time, so one acre the first year, then two acres, etc.

Commissioner Strickland

said item 12 did not state the settlement charges and she would like them to pay the transfer tax and escrow fees, to which Ms. Tyler agreed.

Commissioner Strickland

made a motion to approve the lease agreement with the changes as discussed; seconded by Commissioner Blundo.

Commissioner Cox

asked if this was the same property that the Board approved putting the cloudseeding machine on, which Mr. Sutton confirmed. January 7, 2019 34. For Possible Action Discussion and deliberation to: 1) adopt, amend and adopt or relect Nye County Resolution No. 2019-04: A Resolution Authorizing the Leasing With Option to Purchase of Approximately Five Acres of Real Property Located At 7401 E. Manse Road; Pahrump, NV, APN 047-041-02; and 2) approval of a Lease Agreement with Option to Purchase with Artesian Cellars, LLC. for approximately five acres of unimproved real property located at 7401 Manse Road, Pahrump, NV 89060 APN #047-041-02 to be developed as a grape vineyard and production facility-Cont’d.

Ms. Tyler

stated they would be happy to work around the cloudseeding and since the grapes were an agricultural product the potential rainwater would not harm their use.

Commissioner Strickland

felt another clause was needed in the contract addressing that.

Commissioner Cox

thought they needed to look into the effects of silver iodide on the plants before making a commitment. Tim Burke, a certified bio-culturist, said he looked into the situation and understood DRI wanted to move that to a location closer to the mountains. He did some background research and found nothing stating that it would affect the grapevines in any way. The other positive was the prevailing winds. The machine was on the other end of the property and the prevailing winds blew up toward the mountains away from the grapevines.

Commissioner Strickland

withdrew her motion since an addendum that addressed the prior leaseholder was needed and that leaseholder needed to be notified.

Commissioner Blundo

withdrew his second.

Mr. Sutton

suggested approving it contingent on any access issues being worked out between the parties.

Commissioner Strickland

made a motion to adopt the resolution with the condition that DRI was willing to work in conjunction with this leaseholder in the future at 7401 E. Manse, and to approve the lease agreement with the option to purchase with Artesian Cellars with the changes to item 12 addressing payment of the transfer tax and escrow fees in conjunction with this lease; seconded by Commissioner VVichman; 4 yeas.

Commissioner Cox

voted nay. January 7, 2019 FINANCE

Mrs. Rucker

then reviewed the budget to actual revenue report which showed total Nye County general fund revenue year to date of $11,413,000.00, which was 30% of budget received at 42% through the fiscal year and short from what was received at this point in FY18. A large payment for personal property tax was posted in December so those revenues would catch up when she reported December’s figures. Consolidated tax was also short from last year. On July 1, 2017, recreational marijuana went up for sale and the CTAX exceeded all projections for multiple months until it declined and plateaued. That was throwing of her projections for this fiscal year and causing the County to look short when it really was not.

Commissioner Cox

wondered if there was any way to separate the marijuana revenue from the CIAX to see how much marijuana tax was received.

Mrs. Rucker

said it was separated out on the last page of the back-up. She then reviewed the expenditure report by department and provided explanations for the redlined items. She had also identified internal control issues in the Sheriff’s Office with the accounts payable as the office was behind on inputting invoices. Mrs. Rucker had a meeting scheduled with the Sheriff to go through those issues and try to rectify those situations so they were not blindsided at the end of the fiscal year. Lastly, Mrs. Rucker discussed the last page of the back-up showing a project accounting funding source status update, which was marijuana revenue by location and type. This report had been added to the monthly report at the request of a constituent and some Board members.

Commissioner Strickland

pointed out the America Build Bonds, the payment bond on the jail, was up to 6% unlike the other bonds which did not exceed 4%. Now that there was a new grant writer she asked about researching to get a reduction. John Bosta said the last page was simply the amount of money collected in the first quarter and one cent was added on two different items so the report was two cents more than the first quarter report. The second quarter had amended as of the end of December and there was no report on the second quarter.

Commissioner Koenig

explained that was because there were no reports through December yet. January 7,2019

Commissioner Wichman

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

Commissioner Wichman

made a motion to accept the fee schedule submitted by Farr West Engineering, enter into the amended final contract, adopt Resolution 2018-38 clarifying the fees for provision of County surveyor services, and fund from 10101, General Fund; seconded by Commissioner Blundo; 5 yeas.

Commissioner Wichman

made a motion to accept the response from Farr West Engineering and direct staff to enter into fee negotiations; seconded by Commissioner Blundo; 5 yeas.

Commissioner Blundo

made a motion to accept the donation; seconded by

Commissioner Wichman

; 5 yeas. January 7, 2019

Commissioner Wichman

made a motion to approve the services agreement with 0 and T, to execute the contract in the amount listed, and fund from 10510, Sohci Waste Fund; seconded by Commissioner Blundo.

Commissioner Blundo

asked if the volume was increasing. Gary Svoboda said he did not know if it had increased substantially, but it had increased due to the expansion of the mine and the increased population with contractors.

Commissioner Blundo

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

Commissioner Blundo

made a motion to approve Nye County Proclamation P2019-01; seconded by Commissioner Strickland; 5 yeas.

Commissioner Koenig

advised Mr. Bosta he already had, Mr. Bosta questioned why it was not done in public, to which Commissioner Koenig responded because he wanted to get it done right away. Tim Carlo thanked the Board for appointing him to the RTC. January 7, 2019

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of c(Ck.- 2019. ir /EE7 ‘ Nyd County Clerk! Deputy