Page 1. August 1, Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye

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1 the Governing Body of the Unincorporated Town of Pahrump, as the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, the Commissioners Chambers, 101 Radar Road, Tonopah, Nevada and as the Board of Trustees for the Pahrump Pool District, was held at 10:00 a.m. in County Board of Highway Commissioners, Nye County Licensing and Liquor Board, as Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye 2017, at the Chief Tecopa Cemetery in the veterans memorial section. He asked Heart county or town. the Commission to either name the Town of Pahrump or the County of Nye as a Purple everyone to be in place by 6:30 p.m. to start promptly at 7:00 p.m. He then proposed to Tom Waters invited everyone to the Purple Heart Day sundown ceremony on August 7, the right to criticize public officials was clearly established. regarding prohibiting comment based on content as a federal judge recently ruled that John Bosta suggested the Board change the language on the front of the agenda included on an agenda as an action item (first). not be taken on the matters considered during this period until specifically 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will Pam Webster said items 5, 18-20, 45, and 48 could be removed from the agenda. 2. Approval of the Aaenda for August 1, 2017 (Non-action item) The Pledge was recited. 1. PIede of Allegiance Sheriff Wehrly was not present at this time. Not Present: Lorinda Wichman, Commissioner Savannah Rucker, Comptroller; Samantha Tackett, Administrative Manager Also present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk; Sandra L. Merlino, Ex-Officio Clerk of the Board Donna Cox, Commissioner Angela Bello, District Attorney John Koenig, Vice Chair Pam Webster, County Manager Sharon Wehrly, Sheriff Dan Schinhofen, Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner August 1, 2017 Page 1

2 appoint a committee to look at that ordinance and increase the penalties to $2, Dwight Lilly discussed Ordinance 164 adopted in He suggested the Commission not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-cont d. 3 GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will yeas. Commissioner Koenig made a motion to approve; seconded by Commissioner Cox; 4 County Board of Commissioners, Board of Highway Commissioners, Licensing District regular meeting on July 5, Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley. and the Board of Trustees for the Pahrump Pool and Liquor Board, the Governing Body of Unincorporated Town of Pahrump, the 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye wanted to step up to the plate and get involved. Heibert said he chose to retire in Nye County about a year and a half ago and he 30 years in law enforcement. He also helped write the Homeland Security Bill. Mr. David Heibert introduced himself as a retired U.S. Marshall and Air Force veteran with feeding off of the waste. She said roaches, mice and rats were getting out of control and something needed to be done as it was now a public health hazard. were allowed to use the back yard as a waste disposal site. There were also animals Ms. Bond said she had a property behind it that she could not rent because the tenants Commissioner Schinhofen believed that particular property would be on the next Pahrump meeting agenda. update on 1281 S. Blagg. Lisa Bond from Lisa Bond Real Estate asked if item 45 was a nuisance abatement Dave Stevens commented on Yucca Mountain. be in front of Wal-Mart, Smith s and Albertson s collecting school supplies, and would also accept donations at the office on Highway 372. to 1:00 p.m. would be the annual Fill the Bucket Truck school supply drive. They would Beth Lee from Valley Electric Association (VEA) said on August 4, 2017, from 9:00 a.m. courthouse as well as the Tonopah courthouse not being handicap accessible. Arlene Neiderman expressed her concerns with the look of the outside of the Tonopah commercial violation. for each personal deposit of illegal garbage in the landfill and $20, for any August 1, 2017 Pa9e 2

3 This item was removed from the agenda. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. For Possible Action - Emergency Items rain as the water collected there and mosquitoes gathered. there was still a big washout and she hoped to get it repaired before another monsoon Commissioner Cox reminded Mr. Carlo that on the cornet of Moose and Yucca Terrace had also gotten some cold mix for the Belmont road. being done. Stretch Baker was dealing with debris and washouts all over up north. He and had work zones set up everywhere. Weed mowing and tree trimming were also Tim Carlo, Public Works Director, said they were shouldering all over town down south 8. General road report by Public Works Director Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS validity of the laws associated with drivers licenses, car insurance and car registrations. Instead of in the main building at the Bob Ruud Center it would be held at the annex by the swimming pool. She would address the issue regarding the requirement and the Angela Bello advised Donuts with the DA would return to Pahrump this Saturday. He asked Mr. Lacy again to take some action and go after the people creating that to and he had asked Darrell Lacy several times now to look into it and take some action. Homestead down there was a huge dust plume. He said there was a dust ordinance get it stopped. Commissioner Borasky said he noticed again this morning on the upside of 160 from Ordinance 164 may not be pertinent, but he would look into it. Com missioner Schinhofen said the solid waste ordinance was just re-done so Pam Webster stated the conservation crews were coming, but had been fighting fires. courthouse landscaping, he noted the Board did try a few years ago to hire a separate the language on the agenda was based on that. Lastly, as far as the Tonopah Board as a public nuisance. Secondly, the Board followed the Open Meeting Law and Blagg had been under code enforcement and he had asked that it be brought to the Addressing public comments, Commissioner Schinhofen first advised that 1281 S. company to do that but could not find anyone. topicslissues proposed for future workshopslagendas) 6. Commissioners /Manager s Comments (This item limited to announcements or Page 3

4 whether there was funding or not. Commissioner Koenig asked for an update on Homestead to clear up the confusion on Mr. Carlo advised it was scheduled. 8. General road report by Public Works Director-Cont d. received as well as a copy of the health certificate; seconded by Commissioner Schinhofen; 4 yeas. liquor license for LaFonda Latin Cuisine until acceptable fingerprint responses were Commissioner Koenig made a motion to approve a 90-day conditional temporary retail Jovel Applicant. Liquor License for LaFonda Latin Cuisine, 1061 E. Gamebird, Pahrump, NV. Anna 12. For Possible Action Discussion and deliberation to issue a Temporary Retail Commissioner Koenig made a motion to issue a 90-day temporary retail liquor license approved; seconded by Commissioner Schinhofen; 4 yeas. to Blitz Creek Bar & Grill to convert to regular when Mr. Dutton s background check was Liquor License for Blitz Creek Bar & Grill LLC, 10 Electrum, Round Mountain. NV. Liandra M. & Earl J. Dufton Applicants. 11. For Possible Action Discussion and deliberation to issue a Temporary Retail LIQUOR Commissioner Borasky assumed the Chair of the Licensing and Liquor Board. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD anticipation of it being received. Mr. Carlo explained that originally there was a portion of SRS set aside for it probably in anything to do with it. was assured there was funding for this. He also did not think SRS should have Commissioner Koenig said he understood that, but sitting on the RTC he thought he year and that was a major portion of the funding for the Homestead project. were working on the bid package. He noted that SRS funding was not received this he believed there was funding to do Homestead. They had 100% plans in place and Mr. Carlo said he had a meeting tomorrow morning with the Comptroller and tentatively Page 4

5 Commissioner Schinhofen said he received the paperwork this morning for Sheri s Sheriff Wehrly was present. & License renewals for For Possible Action Discussion and deliberation of existing Gaming Liquor had paid on for seven years was not open and was not on that parcel. Mr. Hof said that was true because he did not need it as his third brothel license that he brothel license at that location. Commissioner Schinhofen stated in the last back-up Mr. Hof was applying for a brothel license at that location too, so he was hearing today Mr. Hof did not intend to ask for a on it so there was no confusion at all. that was not open and they were about to open it. They had also done a name change Mr. Hof said no. He said he had a liquor license for seven years for a bar/restaurant Commissioner Borasky asked Mr. Hof if he wanted a liquor license for something that may open in a month. Mr. Hof stated that had been removed. Bar. Commissioner Schinhofen pointed out there was a sign up that said Alien Cathouse years the name of the bar had been Cherry Patch 2 with no advertising on it. for a brothel license for it. The third one was at the Alien Travel Center and for seven plain that the bar in the Love Ranch was called Crystal Watering Hole. His second liquor license was a bar/restaurant called The Cherry Patch Bar and Mabel s Brothel Dennis Hof advised that because of the confusion they filed paperwork to make it very Museum that they were planning on opening in the next 60 days, but he was not asking those properties; seconded by Commissioner Koenig. Commissioner Schinhofen made a motion to not renew Mr. Hofs liquor licenses on not comply with the requirements of off-property signs and filing names. Commissioner Schinhofen said he finds by the back-up and the facts that Mr. Hof did Koenig; 5 yeas. Ranch s bar (Leg Horn Bar) since they were in compliance; seconded by Commissioner Commissioner Schinhofen made a motion to approve Sheri s bars and the Chicken Sports Lounge. name change showing they had fictitious names since 2007 as Valley Bar and Valley Page 5

6 Commissioner Borasky questioned approving it contingent on it opening in 30 days as Commissioner Schinhofen stated his motion would stand at this point. he had a problem continually approving licenses for things that were non-existent. & License renewals for Cont d. 10. For Possible Action Discussion and deliberation of existing Gaming Liquor someone s free movement that was off duty or off work from going into any establishment. Ms. Bello advised she would have to look into the legality of that as it was restricting the County were allowed in that establishment. Bar and Brothel Museum with the proviso that no prostitutes who currently had a card in Commissioner Schinhofen amended his motion to approve Cherry Patch Bar/Mabel s nothing to do with the brothel and there was no brothel on that property. Mr. Hof clarified it would be Cherry Patch Bar/Mabel s Brothel Museum. It would have bar. Commissioner Schinhofen said he was not willing to approve a brothel museum with a Sheriff Wehrly said her paperwork showed Cherry Patch Bar and Mabel s Brothel Museum. Mabel s Bar; Commissioner Koenig amended his second. Commissioner Schinhofen amended his motion to approve Mabel s Bar and the name would like to deal with one at a time. Mr. Hof said that was correct. The confusion was talking about three places and he hooked into the brothels and were on a different parcel. Commissioner Koenig thought the testimony he heard was that the bars were not denial. Ms. Bello asked the Commission to stick with the liquor licenses and the reasons for Commissioner Schinhofen felt the Liquor and Licensing Board needed to go to the brothels as it had to do with advertising and signs that were not on brothel properties. Bar and Brothel Museum. He questioned the reason for making a motion to not Commissioner Koenig said apparently Mr. Hof had the Cherry Patch Bar and Mabel s approve them. Cherry Patch LLC and Mabel s LLC, which were both active. Sheriff Wehrly advised she went to the Secretary of State and found Mr. Hof did have Page 6

7 and Brothel Museum; Commissioner Koenig amended his second; 4 yeas. Commissioner Schinhofen amended his motion to approve Cherry Patch/Mabel s Bar & License renewals for 2017/2018.-Cont d. 10. For Possible Action Discussion and deliberation of existing Gaming Liquor two weeks to comply last time. Commissioner Schinhofen also had numerous s Commissioner Schinhofen pointed out that there were hearings and Mr. Hof was given going on. Dennis Hof asked that the items be done one at a time so he could explain what was one for the parcel that would be The Cherry Patch/Mabel s Bar and Museum. brothel licenses requested by Mr. Hof. Mr. Hof was now stating he was not asking for Commissioner Schinhofen said in the back-up at the last meeting there were three Ranch as they removed their signs and were in compliance; seconded by Commissioner Schinhofen made a motion to approve Sheri s Ranch and The Chicken Commissioner Koenig; 5 yeas. Callie Stark from the Sheriff s Office said he paid on June 27, approval of the brothel ordinance effective June 26, His motion was that all property signs needed to be removed and they must comply and pay all fees. He asked Commissioner Schinhofen said he made a motion a couple of weeks ago based on the renewal for For Possible Action Discussion and deliberation of existing Brothel License BROTHEL yeas. Commissioner Borasky voted no. The motion to approve Cherry Patch/Mabel s Bar and Brothel Museum passed with 4 so the Board needed to vote again. Ms. Bello advised public comment should have been had before the action was taken people and provided tax revenue to the County. He thought there was some kind of energy going after Mr. Hof and his legal businesses in Nye County which employed vendetta going on. Mr. Lilly said he found it reprehensible that the Commissioners spent so much time and if Mr. Hof had paid his fees for the current year. Commissioner Borasky told him to go ahead. Dwight Lilly interrupted the vote to ask if public comment would be allowed on this item. August 1, 2017 Page 7

8 to comply as he still had a sign up this morning. with Mr. Hof, staff, the District Attorney, and Mr. Hof s lawyer, and Mr. Hof had still failed renewal for Cont d. 9. For Possible Action Discussion and deliberation of existing Brothel License thought the idea of brothels keeping a low profile was absurd. Dwight Lilly repeated his opinion that there was a vendetta against Mr. Hof. He also Commissioner Schinhofen commented the County wanted brothels to keep a low profile and that was all the Commissioners were asking. Commissioner Cox stated nobody had proven to her yet the sign was illegal. She be lost if this was taken away. agreed with Commissioner Koenig about people needing jobs and noted tax dollars to Koenig. Commissioner Schinhofen amended his motion to approve; seconded by Commissioner who worked in the brothel employed, not with Mr. Hof. Based on Mr. Hofs promise he withdrew his second. Commissioner Koenig said his concern with this whole thing was keeping the people concern and then the citizens could deal with people driving around the neighborhood. turned on Highway 160 and went by Ranch Road. Mr. Hof gave Commissioner Koenig his word that the sign would be gone when he Mr. Hof said he could remove the sign at Appaloosa and Ranch today if that was the comply and Mr. Hof has not complied. Two weeks ago Commissioner Schinhofen made a motion to give them two weeks to advertising was brought up clearly June 6, 2017, and went into effect June 26, Commissioner Schinhofen said those issues were outside the PRPD. No off-property or the one that was an identification sign at Ranch Road and Appaloosa. Mr. Hof said no if she was talking about either the one at Highway 160 and Ranch Road Commissioner Cox asked Mr. Hof if he had ever been cited for having that sign there. He said he removed them because he was wnning for office. about were for the bar down on the corner that Mr. Hof was just given the license for. was the name of the ownership. The signs Commissioner Schinhofen was concerned staff had always put Cherry Patch LLC, which was not the name of the brothel. That Mr. Hof pointed out The Love Ranch Brothel had always been called that, but County property as he was not in compliance; seconded by Commissioner Koenig. Commissioner Schinhofen made a motion to deny Mr. Hofs brothel license on that Page 8

9 in Las Vegas they keep a low profile and they had illegal prostitutes walking the streets. John Bosta also thought the comment to keep a low profile was absurd. He noted how Dave Stevens commented on the item. renewal for Cont d. 9. For Possible Action Discussion and deliberation of exlstln Brothel License where the brothel museum was going to be. Mr. Hof said the third one was not open. It was on a parcel in Crystal and would not be and Brothel Museum and asked if that was going to be Dennis Hofs Cathouse. Commissioner Schinhofen noted Mr. Hof currently had the Cherry Patch/Mabel s Bar The motion to approve passed with 4 yeas. Commissioner Borasky voted no. expect. asked in the future to please send him something for his businesses so he knew what to Mr. Hof said he had never received anything in writing as to what was expected and the average business and a lot of people did not support them which was why they were asked to keep a low profile. Commissioner Schinhofen said he was a supporter of legal brothels, but this was not reputable and caring human being who cared about the community. He created revenue in taxes for this County and she did not understand what was going on. Tina Trenner said she met Mr. Hof a couple of years ago and found him to be a base, and provide jobs. He said the sign being talked about was a piece of wood shaped like an arrow with no lights pointing down to the legal brothel. Mr. Saitta stated the Commission needed to the most ridiculous thing he had ever heard. The State of Nevada was based on stop nitpicking a businessman who was trying to increase his business, increase the tax Tom Saiffa, a local businessman, said to take a low profile in the State of Nevada was gambling and legal prostitution, and the Town of Crystal was known as the brothel town. license. Commissioner Schinhofen pointed out the motion right now was to approve this brothel Board chose not to amend the motion now. there were not any problems with people wandering around the neighborhood if the discussion about that particular sign being replaced after it was taken down so that Marc Risman, Mr. Hof s attorney, suggested keeping the doors or phone lines open for Page 9

10 Page For Possible Action Discussion and deliberation of existing Brothel License renewal for Cont d. Commissioner Schinhofen made a motion to approve the Area 51 Alien Cathouse noting that Mr. Hof did comply with the signs that did not fit the ordinance on that property; seconded by Commissioner Koenig; 5 yeas. Mr. Hof explained the third one was on the cornet, a bar and old brothel that would be a restaurant, bar and museum. Next to it on a separate parcel was where the license for Dennis Hors Cathouse was. It was not being used, but they were working on it slowly as they got money. Commissioner Schinhofen made a motion to approve Dennis Hof a Cathouse; seconded by Commissioner Koenig. Commissioner Borasky reiterated his problem with approving things that were not done. The motion to approve Dennis Hofs Cathouse passed with 4 yeas. Commissioner Borasky voted no. 10. For Possible Action Discussion and deliberation of existing Gaming Liquor & License renewals for Cont d. Commissioner Schinhofen made a motion to approve the Cherry Patch 2 on Highway 95; seconded by Commissioner Koenig; 5 yeas. Commissioner Schinhofen made a motion to approve the Crystal Watering Hole; seconded by Commissioner Koenig; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS Commissioner Schinhofen assumed the Chair of the Board of County Commissioners. TIMED ITEMS 7. 10:45 - For Possible Action Discussion and deliberation regarding Nye County Proclamation : A Proclamation Recognizing August 7, 2017 As Purple Heart Day In Nye County. Wade Lieseke, Hep Klemm and Tom Waters accepted plaques on behalf of Purple Heart recipients in Nye County, and Arnold Knightly, Public Information Officer, read the Proclamation into the record.

11 budgets. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation to 1) approve the Town of Pahrump capital projects; and 2) grant Town Manager authorization to approve project budget contingency increases up to 1 5% of original capital project Commissioner Koenig made a motion to approve with that change; seconded by Commissioner Borasky. Commissioner Koenig thought the last sentence under Expectations of Town of Pahrump should be under Expectations of the PVCC. Commissioner Borasky withdrew his motion. Commissioner Koenig wanted to offer a friendly amendment. Commissioner Borasky made a motion to approve. Pam Webster advised this was in addition to the standard festival permit and clarified Commissioner Schinhofen asked to have the typos corrected. Chamber of Commerce to set the terms and understanding with regards to the Pahrump Fall Festival. of Understanding between the Town of Pahrump and the Pahrump Valley yeas. The motion to terminate the contract based on staff recommendation passed with 4 Pahrump, which was no longer in existence, and they would go out to bid. Savannah Rucker explained this contract was entered into by the town board of someone was taking their place. Commissioner Cox wanted to know why this contract was being terminated and if recommendation; seconded by Commissioner Koenig. Commissioner Borasky made a motion to terminate the contract based on staff with Parallon Collection Services for collection services for Pahrump Ambulance. Commissioner Koenig made a motion to approve; seconded by Commissioner Borasky; 4 yeas. 14. For Possible Action Discussion 15. For Possible Action Discussion and deliberation to approve a Memorandum who was doing what during the actual festival. The term ran until and deliberation to terminate the contract Page 11

12 County. Commissioner Cox asked who wrote this, the Chamber of Commerce, the town or the Chamber of Commerce to set the terms and understanding with regards to the Pahrump Fall Festival.-Cont d. of Understandina between the Town of Pahrump and the Pahrump Valley 15. For Possible Action Discussion and deliberation to approve a Memorandum 01; seconded by Commissioner Cox. Commissioner Koenig made a motion to adopt Town of Pahrump Resolution No Commissioner Schinhofen explained this was to get the reversionary clause off of the fairgrounds so the County had complete control of it. purposes and authorizing the Chairman to execute all documents and to take such other actions as required to secure issuance of the subject land. Submission of Notice to the United States Department of the Interior, Bureau of Pahrump Fairgrounds located in Pahrump, NV for recreation-related commercial or reject Town of Pahrump Resolution No : a Resolution authorizing the Sale of Reversionary Interest for the real property commonly known as the Land Management that the Town of Pahrump requests a Direct (Non-Competitive) 17. For Possible Action Discussion and deliberation to adopt, amend and adopt, The motion to approve and move the last sentence under Expectations of Town of Pahrump to under Expectations of PVCC passed with 4 yeas. County was not doing anything except what was called out in this MOU. advances that had to be done in terms of the amusement center and the rodeo. The had taken it over and was doing all the work and coordination and taking on any was not transferred over. Also, this event was not owned by the town. The Chamber Mrs. Webster said no. She explained the town had the money in its own fund and it over. Commissioner Cox thought the town gave them money in the first place to take this PVCC was putting in the financial risk and that was why they were keeping the money. Commissioner Schinhofen pointed out the County was not pulling any funds into it. else to run the festival with no start-up or seed money. not do this and had control of the funds that the County would have to find someone could be cancelled. She was concerned that if over the next few years they decided to her because it said the Chamber would keep all the money if this was done and that this Commissioner Cox said there was something in there about the money that bothered Mrs. Webster said it was proposed by the Chamber. Page 12

13 Pam Webster requested the Board limit the resolution in terms of the Chairman not the Board. having the ability to take it all the way to signing a sales contract without coming back to or reject Town of Pahrump Resolution No O1-Cont d. 17. For Possible Action Discussion and deliberation to adopt, amend and adopt! This item was removed from the agenda. issues and other personnel matters presented in closed meeting. 20. For Possible Action Discussion and deliberation on labor negotiations, This item was removed from the agenda. other personnel matters. County s management representatives regarding labor negotiations, issues and 19. Closed meeting, pursuant to NRS for purposes of conferring with the This item was removed from the agenda. labor negotiations, issues and other personnel matters. purposes of conferring with the County s management representatives regarding 18. For Possible Action Closure of meeting, pursuant to NRS for BOARD OF COMMISSIONERS SITTING AS THE BOARD OF COUNTY COMMISSIONERS Koenig amended his second; 4 yeas. Commissioner Borasky amended his motion to reflect NCOT grants; Commissioner grants and she would like the motion to reflect that. Pam Webster stated her intent with this item was to have permission to sign the NCOT Commissioner Borasky made a motion to approve; seconded by Commissioner Koenig. granted by the Board of County Commissioners. District Attorney, routine grant awards for the Town of Pahrump Tourism authority permitting the Town Manager to accent! upon consultation with the Department and the Nevada Commission on Tourism within the budget authority 16. For Possible Action Discussion and deliberation regarding delegation of her second; 5 yeas. Commissioner Koenig amended his motion to say that; Commissioner Cox amended Page 13

14 by Commissioner Cox; 4 yeas. Commissioner Koenig made a motion to appoint Commissioner Schinhofen; seconded 22. For Possible Action Discussion and deliberation to appoint a Commissioner liaisonlrepresentative to the Nevada Site Specific Advisory Board (NSSAB). for local haulers and $1, for out of county passed with 4 yeas. The motion to amend Section A.1., to change the solid waste hauler license to $ cubic yard and that was in addition to regular household waste. was charged $ a cubic yard. If this was approved it would increase to $ a Mr. Carlo pointed out that in addition to the out of county or out of state imported waste the pressure it put on the County landfill. He suggested raising it to $2, Dwight Lilly thought the fee for out of state/out of county haulers was too low because of waste hauler license to $ for local haulers and $1, for out of county. Commissioner Borasky seconded the motion to amend Section A.1., to change the solid Commissioner Schinhofen said from Nye County. Pam Webster asked if the locals would be Pahrump residents. Commissioner Koenig made a motion to amend Section A.1., to change the solid waste hauler license to $ for local haulers and $1, for out of county. county haulers pay $1, Commissioner Schinhofen suggested making local haulers pay $ and out of other five were local haulers utilizing County facilities. Tim Carlo advised currently there were eight and three of them were franchisees. The that there was only one solid waste hauler licensed in the County. Commissioner Koenig referred to the statement made the last time this was discussed enacting the schedule of fees required by Nye County Code Title 8, titled Health or reject Nye County Resolution No : a Resolution amending and and Safety, Chapter 24, titled Solid Waste Management, Sections 240 Fees for Disposal of Solid Waste at Facilities, 440 Application. Monitoring and Load Fees, and 580 Application, Monitoring and Load Fees. 23. For Possible Action Discussion and deliberation to adopt, amend and adopt. Page 14

15 Commissioner Borasky made a motion to appoint Tyfini Brown; seconded by Commissioner Schinhofen; 4 yeas. to the Round Mountain Town Board due to one (1) resignation. CLERK 24. For Possible Action Discussion and deliberation to appoint one (1) member The Board was in recess until 1:30 p.m. The report was in the back-up. 25. Treasurer s Report TREASURER with 4 yeas. The motion to approve pending the Department of Taxation s (DTAX) approval passed Commissioner Koenig commented those other counties were not on fiscal watch. had already been approved for these contracts. She said there was no back-up plan and DEVNET was the only company that could get the job done by the time allotted. Assessor Sheree Stringer said she understood Mrs. Webster, but ten other counties to be done for this contract, the problem was when the audit came through for FYI 8 this would be a violation. auditor agreed with Mrs. Webster and had spoken with DTAX. Mr. Webster noted the County was on fiscal watch and had been reprimanded for not doing the steps for a medium term financing. Even thought DTAX was assuring the County that did not have was not and was nothing mote than a licensing agreement, the County s external She was concerned that this transaction was a medium term financing and it should Pam Webster said she had several issues with this from just a contract perspective. have gone through the steps to be approved by DTAX. While DTAX assured staff it (DTAX) approval; seconded by Commissioner Borasky. Commissioner Koenig made a motion to approve pending the Department of Taxation s property tax. The ADS system will be retired in January, Data Systems CADS) software package provided for assessment and collection of DEVNET for a software lease agreement for the replacement of the Advanced 27. For Possible Action Discussion and deliberation regarding a contract with COUNTY MANAGER Page 15

16 Commissioner Koenig said his primary goal was to get direction from the Commission to direction to the Nye County Water District Governing Board. BOARD OF COMMISSIONER-Cont d. 21. For Possible Action Discussion and deliberation to set coals for and provide Pam Webster said an REP would be put out. Commissioner Cox asked if someone was replacing them. by Commissioner Borasky. Commissioner Koenig made a motion to submit a letter of intent to terminate; seconded Airport. default by Life Guard International, Inc. and intent to terminate the Lease Agreement with Life Guard International, Inc. for leased space at the Tonopah 28. For Possible Action Discussion and deliberation to submit written notice of 2017, at 10:45 a.m. in Pahrump, Nevada; seconded by Commissioner Borasky; 4 yeas. Commissioner Koenig made a motion to set the date, time and location for August 15, by Nye County. location for a Public Hearing to set the fair market value of parcels of land owned 26. For Possible Action Discussion and dehberation to set a date, time, and COUNTY MANAGER-Cont d. There was no action taken on this item. Commissioner Schinhofen suggested putting this off until the next meeting. anything in the past but drain money out of the taxpayers. She thought the Board of County Commissioners could sit as the water district. Commissioner Cox did not feel a water district was even needed or that they had done could find a way to deal with that he might find some confidence in them again, but if the salt cedars where absentee landlords did not take care of their properties. If they formed. One of the things he and Commissioner Hollis had asked for was to deal with he was not interested. Commissioner Borasky stated he had given them direction a long time ago when it was they kept saying it was up to the Board of County Commissioners to make an ordinance and the direction to be given as they had not been given any direction previously. on this because they could make that to the Water Board themselves, but take back to the Water Board. He did not necessarily want a bunch of public comment Commissioner Koenig wanted to know how the Commission felt about the Water Board August 1, 2017 Page 16

17 The motion to submit a letter of intent to terminate passed with 4 yeas. Airport.-Cont d. default by Life Guard International, Inc. and intent to terminate the Lease Agreement with Life Guard International, Inc. for leased space at the Tonopah 28. For Possible Action Discussion and deliberation to submit written notice of Commissioner Koenig made a motion to set the public hearing for September 5, 2017, at 10:45 a.m. in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas. Set a date, time and location for a Public Hearing on Nye County Bill No : Finance by adding Chapter 3.56 titled Miscellaneous and Additional Taxes and Fees; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Read the title of the Bill into the record. a Bill proposing to amend Title 3 of the Nye County Code titled Revenue and 31. For Possible Action Discussion and deliberation regarding a request to: 1) Commissioner Koenig read the title of the bill into the record. at 10:45 a.m. in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas. Commissioner Koenig made a motion to set the public hearing for September 5, 2017, District; amending Definitions; amending Establishment of Advisory Committee; into the record. hereof, and other matters properly relating thereto; and 2) Read the title of the Bill a Bill proposing to amend Chapter 3.20 of the Nye County Code titled Taxing Set a date, time and location for a Public Hearing on Nye County Bill No : amending Duties of the Advisory Committee; amending Imposition of Surcharge; providing for the severability, constitutionality and effective date 30. For Possible Action Discussion and deliberation regarding a request to: 1) shelter passed with 4 yeas. The motion to approve the lease agreement with Desert Haven Animal Society for the disbursed and oversight as a result. bring back an MOU to address the subsidy the Commission approved, how it would be Pam Webster explained this was a renewal of the lease for the facility only. She would Haven Animal Society for the shelter; seconded by Commissioner Cox. Commissioner Koenig made a motion to approve the lease agreement with Desert agreement with Desert Haven Animal Society for use of the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV. 29. For Possible Action Discussion and deliberation regarding a lease Page 17

18 FINANCE Cont d. Commissioner Koenig read the title of the bill into the record. Set a date, time and location for a Public Hearing on Nye County Bill No For Possible Action Discussion and deliberation regarding a request to: 1) seconded by Commissioner Cox. Construction, execute the contract and fund from 10205, Nye County Road Fund; Commissioner Koenig made a motion to award Bid to Wulfenstein Nye County Road Fund. Amargosa Farm Road Superpave Project to Wulfenstein Construction. The amount of the bid is $297,945.36; 2) Execute the contract; and 3) Fund from For Possible Action Discussion and deliberation to: 1) Award Bid seconded by Commissioner Koenig; 4 yeas. Commissioner Borasky made a motion to approve as stated by the Comptroller; Fund to carry over from fiscal year to fiscal year. services and the County matched that for a total general fund department budget of general fund. That would satisfy the Board s request to set up a Veterans Services from revenues received and a $35, operating transfer in as a subsidy from the $65, She asked the Board to consider amending this augment to be $30, Savannah Rucker apologized and said the back-up for this item was overstated. There was generally about $30, in revenue that went specifically toward veterans 2018 Budget of Nye County. or reject Nye County Resolution No : a Resolution to Augment the For Possible Action Discussion and deliberation to adopt, amend and adopt, 4 yeas. Commissioner Koenig made a motion to approve; seconded by Commissioner Borasky; had debt associated with it. She reviewed the various debts and noted there was a very large amount of debt limit available to the County in the event it wanted to fund future projects. requirement and there was a statement for each of the entities within the County that Savannah Rucker explained the debt management policy statements were an NRS pursuant to NRS Manaaement Policy Statements for Nye County entities for Fiscal Year For Possible Action Discussion and deliberation regarding Debt Page 18

19 Pat Minshall from Amargosa Valley said Farm Road is in disreputable repair and this 34. For Possible Action Discussion and deliberation to: 1) Award Bid Nye County Road Fund.-Cont d. Amaraosa Farm Road Superpave Prolect to Wulfenstein Construction. The amount of the bid is $297,945.36: 2) Execute the contract; and 3) Fund from position # ; seconded by Commissioner Cox. Commissioner Koenig made a motion to fill a vacant communication systems supervisor Technology Department effective immediately due to the employee being promoted to IT Director effective June 26, Communication Systems Supervisor Position # in the Information 36. For Possible Action Discussion and deliberation to fill a vacant HIR AND RISK MANAGEMENT Commissioner Koenig made a motion to accept the change order; seconded by Commissioner Borasky; 3 yeas. Commissioner Cox voted no. (GI 7022) grant. increase the total amount of the award by $1, for the Joining Forces For Possible Action Discussion and deliberation to accept a change order to fund from 10205, Nye County Road Fund, passed with 4 yeas. The motion to award Bid to Wulfenstein Construction, execute the contract and the community center was. Commissioner Koenig advised it would be paved from Highway 373 up to around where Commissioner Schinhofen clarified it was 2.7 miles and said unless they were asked to extend that work what Mr. Bosta talked about would not happen. money. He also wondered what 2.2 miles were being paved. figure as this firm historically came in with a low bid and then came back for more John Bosta asked if there would be a clause in the contract prohibiting extensions to the and asked Ms. Minshall to speak at the next RTC. Commissioner Schinhofen was not sure how to calculate what the fair share would be Ms. Minshall questioned if Amargosa Valley was getting their fair share. RTC would consider future projects for next year s budget cycle. Commissioner Schinhofen explained it was being started with this 2.2 miles and the last eight years. was just a drop in the bucket for that road as it probably had not had any paving for the Page 19

20 amended her second; 4 yeas. Commissioner Koenig amended his motion to waive the 90 days; Commissioner Cox Communication Systems Supervisor Position # in the Information 36. For Possible Action Discussion and deliberation to fill a vacant Technology Department effective immediately due to the employee being promoted to IT Director effective June Cont d. requirements the statement unless the applicable insurance requirements as otherwise lease. On page 4 of 7, under item 16 where it said the State will not waive was being shall not be limited was also being removed. On page 5 of 7 under general changed to the parties will not waive. The language regarding the lessee s tort liability Mrs. Dellinger said throughout the document contract needed to be changed to Commissioner Koenig withdrew his motion. Attorney s Office. Lorina Dellinger said there were a few recommended changes from the District Commissioner Koenig made a motion to approve the lease agreement with the Nevada Department of Information Technology. the purpose of microwavelradio rack space rental at one of their radio communications repeater sites (Mount Brock). agreement with the Nevada Department of Information Technology Services for 39. For Possible Action Discussion and deliberation regarding a lease INFORMATION TECHNOLOGY 003 immediately, waive the 90 days and augment her budget; seconded by Commissioner Koenig made a motion to fill a deputy district attorney position # Commissioner Cox; 4 yeas. 1, The District Attorney s Office is requesting to fill position immediately Attorney Position # in the District Attorney s office due to the employee and augment budget for department upon hire. being selected as replacement for the retiring County Manager effective October 38. For Possible Action Discussion and deliberation to fill a Deputy District Commissioner Koenig made a motion to fill a vacant deputy sheriff position # and waive the 90 days; seconded by Commissioner Cox; 4 yeas. due to the employee resigning July 17, Sheriff Position # in the Sheriff s Office effective September 24, For Possible Action Discussion and deliberation to fill a vacant Deputy Page 20

21 listed would remain. 39. For Possible Action Discussion and deliberation regarding a lease waived above the following general requirements shall applv was added and the items agreement with the Nevada Department of Information Technology Services for communications repeater sites (Mount Brock).-Cont d. the purpose of microwavelradio rack space rental at one of their radio the highway; that they had paid taxes and employed people in the County; and that they Commissioner Schinhofen said at the hearing he would like to see their location as off forward tight now with a committee. Due to the lawsuits in Clark County the State would choose who got first choice and submit it to the County to see if it was interested. foiward with a second dispensary. The way the competitive bid was done before probably would not be appropriate under the new laws and there was rulemaking going Darrell Lacy, Planning Director, said the question was if the Board wanted to move the processing of applications for special use permits for recreational marijuana single public hearing to be held by the Board per NCC retail store establishments, which shall be considered on a competitive basis at a 41. For Possible Action Discussion, deliberation and direction to staff regarding Commissioner Koenig read the title of the bill into the record. at 11:00 a.m. in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas. Commissioner Koenig made a motion to set the public hearing for September 5, 2017, and effective date thereof; and other matters properly related thereto; and 2) Read the title of the Bill into the record. Appeal of Land Use Decisions; providing for the severability, constitutionality A Bill proposing to amend Nye County Code Chapter 16.36, Procedures for Set a date, time and location for a Public Hearing on Nye County Bill No : 40. For Possible Action Discussion and deliberation regarding a request to: 1) PLANNINGIBUILDINGICODE COMPLIANCE Assistant County Manager passed with 4 yeas. The motion to approve the lease agreement with the modifications listed by the but this was only for one. Brad Adams, IT Director, pointed out that the description showed 13 rack space rentals, modifications listed by the Assistant County Manager; seconded by Commissioner Borasky. Commissioner Koenig made a motion to approve the lease agreement with the Page 21

22 had a building that was ready or they had property and would be ready to go in six months. single public hearing to be held by the Board per NCC Cont d. retail store establishments, which shall be considered on a competitive basis at a the processing of applications for special use permits for recreational mariluana 41. For Possible Action Discussion, deliberation and direction to staff regarding Sheriff Wehrly was not present. The motion to approve passed with 4 yeas. east and south and it would not cross the highway. Mr. Lacy explained this was lands immediately adjacent to the existing race track to the 160 anywhere. Commissioner Cox asked if all this land was connected and if this would cross Highway Commissioner Borasky made a motion to approve; seconded by Commissioner Koenig. track to give the highest bid and purchase the land. needed to support the modified competitive bidding process that would allow the race Darrell Lacy pointed out this was BLM land adjacent to the race track and the County one could own their own home on it and with this expansion it would be the biggest in the entire world. Commissioner Schinhofen said this was one of two race tracks in the entire world where Land Management (BLM) supporting the sale of the public land. for expansion of the racetrack; and 2) authorize sending a letter to the Bureau of acres of public land through the modified competitive bidding process to allow Spring Mountain Motor Resort & Country Club to: 1) purchase approximately For Possible Action Discussion and deliberation regarding a request by 3 yeas. Commissioner Borasky voted no. paid, and a building ready or ready within six months; seconded by Commissioner Cox; time and location for the public hearing as October 17, 2017, the cut-off date for Commissioner Koenig made a motion based on staff recommendation to set the date, applications would be September 7, 2017, and the criteria would be off highway, taxes Page 22

23 Development Agreement to include but limited to conveying property to Nye County or accepting an offer from Mountain Falls for $3OOOO in lieu of conveying property. options to carry out provisions of Section 5.2 Fire Station of the Mountain Falls 43. For Possible Action Discussion, deliberation and direction to staff to exiore The motion to have it conveyed to the County passed with 4 yeas. intent. property over to the County. They were just listening to Scott s thought process that it Nelson stated they would want it written that it satisfied the development agreement their obligation. However, if it was payment in lieu of deeding the property over Mr. might be more helpful to have cash versus land, but their number one goal was to fulfill Mr. Nelson said if their offer was not palatable they were in a position to just deed the the Town Board of Pahrump and the development agreement was with the County. Commissioner Schinhofen explained the Board of County Commissioners also sat as Brad Nelson from William Lyon Homes said they offered $35, with the Town of Pahrump so Mr. Nelson was not sure how that worked moving forward. understanding of a half street improvement. They want to fulfill their obligation per the development agreement, but the actual development agreement addressed it as the Commissioner Koenig made a motion to have it conveyed to the County; seconded by Commissioner Cox. east section for a cost of about $50, to $60, Tim Carlo said it was, but it was on the west side. This was the requirement to build the acres, and he thought the road was built. would like that done, but he would also like to see the property built out first. The Commissioner Schinhofen said this was supposed to be conveyed to the County. He appraisal would also have to come in a lot higher before he would release the five Pam Webster stated she would like direction from the Board on moving forward with the conveyance of this property. She spoke with Scott Lewis, who advised he did not need the property for a public safety use. The County could take a payment in lieu of conveyance offered by William Lyon Homes of $30,000.00, although the property appraisal came back at $40, However, the appraisal was in review right now by the appraiser as he may not have considered some properties that he wanted too. There was also a requirement to build out the road for the parcel owner. Page 23

24 Commissioner Schinhofen explained this was County property adjacent to a property Assessor Parcel Number , zoned Commercial Manufacturing (CM). direction to staff to work with PUCI, for a 5 acre parcel owned by Nye County. into the Pahrump Utility Company, Inc (PUCI) waterlsewer service area; and 2) 44. For Possible Action Discussion and deliberation to: 1) anøly for annexation Pam Webster noted there was nothing spelled out regarding insurance provisions, so insurance requirements to her and the District Attorney. she would like the motion amended to approve contingent on adding appropriate they had for the last 30 years. He confirmed the LHoist representatives were in that road Mr. Carlo wanted an MOU with them so they could continue to maintain it as agreement. there for 30+ years and they had been maintaining it. The County filed for BLM right-ofway and finally finalized it, but in an effort for the County to not be obligated to maintain Tim Carlo explained this was a section of road for the IMV Mine. The road had been North America; seconded by Commissioner Borasky. Commissioner Koenig made a motion to approve entering into an MOU with LHoist (Lhoist), for the purpose of performing necessary maintenance on IMV Road LHoist mining operation activities. (Crystal to Amargosa) due to the frequency of commercial vehicles used by Memorandum of Understanding (MOU) with LHoist North America of Arizona Inc. 46. For Possible Action Discussion and deliberation to enter into a PUBLIC WORKS This item was removed from the agenda. 45. Nuisance abatement update. There was no action taken on this item. The motion died for lack of a second. to exceed $5, and this is no way gave anyone permission to run pipe or charge water/sewage service area and direct staff to work with PUCI for a five acre parcel not the County for pipe. Commissioner Koenig made a motion to apply for annexation into the PUCI their tariff and it would be easier in the future to hook water and sewer to it. It would also be ready to build if the County decided to lease or sell the property. that just had to pay to be hooked in. Doing this would make it so the property was in Page 24

25 Memorandum of Understanding (MOU) with LHoist North America of Arizona inc. amended his second. Cont d. Commissioner Koenig amended his motion to include that; Commissioner Borasky 46. For Possible Action Discussion and deliberation to enter into a This item was removed from the agenda. Nevada to place banners along the Calvada Eye light poles to honor veterans. the American Veterans Foundation of Pahrump and Homeless Response of 48. For Possible Action Discussion and deliberation regarding a request from PUBLIC PETITIONER The motion to adopt Nye County Resolution No passed with 4 yeas. get going too. Commissioner Koenig commented it probably made it cheaper for a small business to having to do traffic studies on every one and would speed up development. Commissioner Schinhofen said this would give options for businesses rather than seconded by Commissioner Cox. Commissioner Koenig made a motion to adopt Nye County Resolution No ; section of the Guidelines for Design and Review of Development Engineering Submissions (Guidelines). or reject Nye County Resolution No : a Resolution changing the Traffic 47. For Possible Action Discussion and deliberation to adopt, amend and adopt, Attorney passed with 4 yeas. adding appropriate insurance requirements to the County Manager and the District The motion to approve entering into an MOU with LHoist North America contingent on Mr. Carlo confirmed they ran water trucks. air. suggested having an environmental impact study on the amount of dust they put in the John Bosta hoped this MOU contained a clause requiring them to water the road and Page 25

26 the rest of the rights-of-way would. 49. For Possible Action Discussion and deliberation regarding a request to Gridliance instead of VEA and then when the sale was complete have that roll over like Commissioner Koenig asked why the tight-of-way easement was being given to Parcel No , Pahrump, Nevada for the 230kV line project. arant a Right-of-Way Easement to Gridliance West Transco LLC on Assessor s (NCWD). He had brought up the question about how they formed their budget and was NCWD could be considered a local district was if it was under the control of the County John Bosta asked about the definition of local agency for the Nye County Water District quoted a section by the Comptroller. He reviewed that section and the only way the 50. GENERAL PUBLIC COMMENT (second) with 3 yeas. Commissioner Borasky voted no. The motion to grant the right-of-way easement to Gridliance on APN passed Commissioner Koenig declined to amend his motion at this point. annual easement fee. which would be completely seamless and VEA would like a little consideration on that and would not impair the use of the training facility. It was a paper transfer of ownership easement fee. This was a new easement that would not create any new construction Ms. Lee stated VEA was requesting some consideration for $19, annual on APN ; seconded by Commissioner Cox. Commissioner Koenig made a motion to grant the right-of-way easement to Gridliance easement did not allow them to transfer, separate or exchange in whole or in part. but this particular easement was granted from Nye to VEA and the language in the ownership of the easements owned by VEA to Gridliance at the conclusion of the sale, Ms. Lee said that was correct. She further explained that VEA would be able to transfer through. Commissioner Koenig pointed out this was one parcel of many that VEA lines ran Beth Lee from VEA explained this was a unique easement because VEA held the 100- different owner of any of those assets so VEA would retain the easement for 138 foot wide easement in this area. The easement could not be shared or split with a distribution and fiber and this is a request to lay over an easement for the owner of the 230kV line should the sale move forward. Commissioner Schinhofen thought if the motion said upon confirmation of sale the rightof-way would transfer to the company. Page 26

27 50. GENERAL PUBLIC COMMENT (second)-cont d. 51. ADJOURN district. He also had not seen a separate audit. and had a separate budget. He asked why there was no separate budget for the water Page 27 Chair Nye Dour4y Clerk I Deputy p Of,2017. APPROVED this ATTEST: Commissioner Schinhofen adjourned the meeting.