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Page 1 December 6, 2076 Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye County Board of Highway Commissioners, Nye County Licensing and Liquor Board, as the Governing Body of the Unincorporated Town of Pahrump, as the Governing Body of the Unincorporated Towns of Beafty, Belmont, Gabbs, Manhattan, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Northern Nye County Hospital District Board of Trustees, was held at 70:00 a.m. in the Commissioners’ Chambers, 101 Radar Road, Tonopah, Nevada 89049. Frank Carbone, Chair Dan Schinhofen, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Donna Cox, Commissioner Sandra L. Merlino, Ex-Offlcio Clerk of the Board Angela Bello, District Attorney Sharon Wehrly, Sheriff Pam Webster, County Manager Also present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk; Savannah Rucker, Comptroller Not Present: Sharon Wehrly, Sheriff 1. Pledge of Allegiance The Pledge was recited. 2. Approval of the Agenda for December 6, 2016. Pam Webster said items 6, 1 9-21, and 41 could be removed from the agenda. 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). John Pawlak from Nye Communities Coalition mentioned they were sponsoring the free community Christmas dinner on December 25, 2016, at the Nye activities center from 12:00 p.m. to 3:00 p.m. Anyone interested in volunteering should contact Linda Wright at 775-727-9970, Ext. 230. Shut-ins who need meals delivered should call Linda DeMeo at 775-209-4683 before noon on Christmas Day. Also, Nye Communities Coalition would sponsor a job and volunteer fair Friday, December 9, 2016, at the activities center from 9:00 a.m. to 12:00 p.m. For mote information people could call Tammy Odegaard 775-727-9970, extension 222.

Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

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Page 1: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 1December 6, 2076

Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, NyeCounty Board of Highway Commissioners, Nye County Licensing and Liquor Board, asthe Governing Body of the Unincorporated Town of Pahrump, as the Governing Body ofthe Unincorporated Towns of Beafty, Belmont, Gabbs, Manhattan, and Railroad Valley,the Board of Trustees for the Pahrump Pool District, and the Northern Nye CountyHospital District Board of Trustees, was held at 70:00 a.m. in the Commissioners’Chambers, 101 Radar Road, Tonopah, Nevada 89049.

Frank Carbone, ChairDan Schinhofen, Vice ChairLorinda Wichman, CommissionerButch Borasky, CommissionerDonna Cox, CommissionerSandra L. Merlino, Ex-Offlcio Clerk of the BoardAngela Bello, District AttorneySharon Wehrly, SheriffPam Webster, County Manager

Also present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk;Savannah Rucker, Comptroller

Not Present: Sharon Wehrly, Sheriff

1. Pledge of Allegiance

The Pledge was recited.

2. Approval of the Agenda for December 6, 2016.

Pam Webster said items 6, 1 9-21, and 41 could be removed from the agenda.

3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action willnot be taken on the matters considered during this period until specificallyincluded on an agenda as an action item (first).

John Pawlak from Nye Communities Coalition mentioned they were sponsoring the freecommunity Christmas dinner on December 25, 2016, at the Nye activities center from12:00 p.m. to 3:00 p.m. Anyone interested in volunteering should contact Linda Wrightat 775-727-9970, Ext. 230. Shut-ins who need meals delivered should call LindaDeMeo at 775-209-4683 before noon on Christmas Day. Also, Nye CommunitiesCoalition would sponsor a job and volunteer fair Friday, December 9, 2016, at theactivities center from 9:00 a.m. to 12:00 p.m. For mote information people could callTammy Odegaard 775-727-9970, extension 222.

Page 2: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 2December 6, 2016

4. For Possible Action — Discussion and deliberation of Minutes of the Joint NveCounty Board of Commissioners, Board of Highway Commissioners, Licensingand Liquor Board, the Governing Body of Unincorporated Town of Pahrump, theGoverning Body of Unincorporated Towns of Beafty, Belmont, Gabbs, Manhattan,and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and theNorthern Nye County Hospital District Board of Trustees teleconference onOctober 12, 2016.

Commissioner Wichman made a motion to approve; seconded by CommissionerBorasky.

Commissioner Cox pointed out that at this meeting she asked some pertinent questionsfor about 20 minutes of Mr. Husted on the VEA item and there was not a mention of thatanywhere in the minutes. She would like those included.

Sam Merlino explained these were summaries, not verbatim minutes. If there werespecific items Commissioner Cox wanted to include in the minutes her staff could relisten and send her the copy so she could determine what she would like in the minutes.

Commissioner Cox said those were specific questions from the public she wanted theanswers to.

The motion to approve passed with 5 yeas.

Sheriff Wehrly was present.

SITTING AS THE BOARD OF COUNTY COMMISSIONERS

5. Announcements (first)

Commissioner Borasky said the Pahrump Nugget 250 went real well. He was told bysome of the people in the different casinos they were pleased there were so manypeople putting money into the economy.

6. For Possible Action - Emeriency Items

This item was removed from the agenda.

7. Commissioners’IManager’s Comments (This item limited to announcements ortopics!issues proposed for future workshopslagendas)

After confirming with Pam Webster that the Sheriff was the coroner, CommissionerWichman discussed the issue of several other counties covering for Nye when theywere called out to Sunnyside or closer to Mineral County. If they came up on a DOAthey had to wait for a response from the Nye County coroner so their teams were heldup until then. Commissioner Wichman said an MOU needed to be established with

Page 3: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 3December 6, 2016

7. Commissioners’/Manager’s Comments (This item limited to announcements ortopicslissues proposed for future workshopslagendas)-Cont’d.

White Pine County, Mineral County, and any other county that had the same issue sothey could have their coroner come out and pronounce so they could get on with theirdays.

Commissioner Borasky said during the Donuts with the DA and Coffee with theCommissioners on Saturday an issue came up regarding the homeless in the Pahrumpcommunity. It was a pleasure to him to know that everyone was somewhat aware ofand concerned about it. He hoped to get some volunteers and do something to helpthat situation.

Commissioner Carbone wanted to be sure putting up the military medallions near theVA clinic along with a bench for viewing was kept on the radar since the veterans putmoney aside for it.

Sheriff Wehrly told Commissioner Wichman that if an incident occurred on Highway 318it took them approximately five hours to get out there.

Commissioner Wichman said the request came from the new White Pine CountyCommissioner who was also a volunteer on the ambulance.

Sam Merlino advised Advanced Data Systems would be shutting down in the nextcouple of years, which would be a cost to the County as it would have to be replaced.Just the voter registration system would be about $30,000.00 to start up.

Pam Webster said they would look at different ways to do that as there may be someissues with Eden and its life with support.

Mrs. Merlino said the clerks were specifically looking at voter registration as they werevery proprietary. There was a working group handling that and she would keep theBoard updated.

Mrs. Webster asked who was handling this.

Mrs. Merlino said the Secretary of State was helping them figure out which vendor theyworked best with, but there were a lot of requirements for certain reports. As far as thecourt, she said they had been trying to get into another system and were working withthe AOC to find out what court system they were happy with for their statisticalreporting.

Commissioner Schinhofen said he would like to look at the Ishanti Ridge bond. He wasalso monitoring the State closely to see what they were going to do with recreationalmarijuana.

Page 4: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 4December 6, 2016

SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners.

9. For Possible Action — General road report by Public Works Director

Tim Carlo, Public Works Director, said they had a motor grader out in Lathrop Wells thismorning making its way toward Beafty.

Commissioner Wichman said she would send Mr. Carlo the complaints she hadreceived about the dust during the race.

Commissioner Borasky said he would like to meet with Mr. Carlo at the intersection ofManse Road and Homestead to discuss some issues there with the line of sightbecause of brush growing.

Commissioner Carbone said the intersection of Blagg and Wilson was starting to turninto a disaster area again because of the volume of cars. He also mentioned commentsmade during Donuts with the DA about the spot between the two roundabouts and notknowing the speed limit there.

Mr. Carlo said he had a call into NDOT.

Richard Goldstein stated he sent a message to Mr. Carlo about the southeast corner ofLola and Basin. The trucks could not make the right turn and the shoulder wascollapsed. He said something needed to be done because he knew there were pipesrunning through there. He also asked Mt. Carlo to look at and do something about theintersection of Woodchips and Charleston Park.

8. For Possible Action — Discussion and deliberation to adopt, amend and adopt,or reject Nye County Highway Commission Resolution No. HC2016-O1: AResolution fixing the maximum load for certain portions of Bob Ruud MemorialHighway.

Commissioner Carbone made a motion to adopt Resolution No. HC2016-01; secondedby Commissioner Borasky; 5 yeas.

SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky assumed the Chair of the Licensing and Liquor Board.

Page 5: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 5December 6, 2016

LIQUOR

10. For Possible Action — Discussion and deliberation regarding approval of anadditional licensee on an already existing Package Liquor License for DolgenMidwest, LLC dba Dollar General #1 5044, 2750 N. Nevada Hwy 160 in Pahrump,NV. Jim Provenzano — Applicant.

Commissioner Carbone made a motion to approve items 10, 11 and 12 noting all feeswere paid, background checks were completed, and there were no issues with movingforward; seconded by Commissioner Schinhofen; 6 yeas.

11. For Possible Action — Discussion and deliberation regarding approval of three(3) additional licensees on an already existing Package Liquor License forAlbertson’s #6041, 200 S. Hwy 160 in Pahrump, NV. Robert Dimond, Bradley Foxand Robert Gordon — Applicants.

Commissioner Carbone made a motion to approve items 10, 11 and 12 noting all feeswere paid, background checks were completed, and there were no issues with movingforward; seconded by Commissioner Schinhofen; 6 yeas.

12. For Possible Action — Discussion and deliberation regarding a request for aChange of Licensee and a Location Change for Core-Mark International, Inc., 855Wigwam Parkway, Henderson, NV. Christopher Miller and Theodore Castro —

Applicants.

Commissioner Carbone made a motion to approve items 10, 11 and 12 noting all feeswere paid, background checks were completed, and there were no issues with movingforward; seconded by Commissioner Schinhofen; 6 yeas.

13. For Possible Action — Discussion and deliberation to extend the ninety (90)day Temporary Retail Liquor License issued to Pahrump Hotel Partners Inc., dbaDraft Picks, 1101 S. Hwy 160, Pahrump, NV on September 20, 2016 for anadditional 90 days pending the processing of an application for a permanentlicense. Sukhbir Dhillon, Applicant.

Commissioner Carbone made a motion to approve the 90 day conditional approval untilthe fingerprints and all other data came in; seconded by Commissioner Schinhofen.

Sheriff Wehrly said she believed that 90 days would be sufficient.

The motion to approve the 90 day conditional approval until the fingerprints and all otherdata came in passed with 6 yeas.

Commissioner Catbone assumed the Chair of the Board of County Commissioners.

Page 6: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 6December 6, 2016

AS THE NORTHERN NYE COUNTY HOSPITAL DISTRICT BOARD OF TRUSTEES

14. For Possible Action — Discussion and deliberation regarding retainingHoylChrissingerlKimmelllVallas, PC to provide legal services to t,he Northern NyeCounty Hospital District regarding legal matters related to the organization andoperation of the hospita! district.

Commissioner Wichman said legal review was needed for the by-laws and Tom Vallasagreed to do that work. His healthcare clients include hospitals, federally qualifiedhealth centers, physicians’ practices and ancillary providers, as well as municipalities.She thought he was an excellent choice.

Commissioner Wichman made a motion to approve; seconded by CommissionerSchinhofen.

Commissioner Wichman confirmed for Commissioner Cox that Mr. Vallas’ serviceswould be only when needed.

The motion to approve passed with 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 regularsegment of the agenda should issues arise that need to be addressed.Discussion of any item from the Consent Agenda Items that needs review beforea decision is made.

15. For Possible Action — Approval of a no-cost extension to the FFYI6Emergency Preparedness Working Group (EPWG) grant performance periodextending the period to August 31, 2017. This grant is administered out of Fund10340 Grants.

Commissioner Borasky made a motion to approve items 15 through 18; seconded byCommissioner Schinhofen.

Commissioner Cox asked for an explanation of how the grants fund worked, how themoney got there, and if there was enough money to do to this as the budget sheetshowed the County in the hole on the grants fund.

Savannah Rucker said the grants fund operated as a reimbursement fund so theCounty expended items and requested draw downs. They were working on an interfundloan to be able to operate that fund as a positive fund balance. Until then that was howit would function and it had functioned in that manner for years.

Page 7: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 7December 6, 2016

15. For Possible Action — Approval of a no-cost extension to the FFYI6Emergency Preparedness Working Group (EPWG) grant performance periodextending the period to August 31. 2017. This grant is administered out of Fund10340 Grants.-Cont’d.

Commissioner Wichman added many of the grants dictated the County would not getthe money until it sent receipts.

Commissioner Carbone asked if an interfund loan had to be done each time thishappened.

Ms. Rucker stated if the expense was more than the interfund loan then the loan wouldhave to be increased, but they were going to average out what the negative balancehad been over the last couple of years and do an interfund loan to cover that average.

Angela Bello asked if the matching funds for the County went into that fund.

Ms. Rucker said the match came from the general fund for department.

Commissioner Cox said she did not like doing it this way. She did not want to get into aposition where four years down the line the County did not have any money to employthe officers. Commissioner Cox thought these things needed to be done differently asshe did not like spending money on a promise and hope to get it back.

Commissioner Wichman asked on item 16, the COPS grant, if there was a requirementfor that position to be continued after the grant fund was gone. When she was told yes,she stated she was with Commissioner Cox as she missed that part.

Sheriff Wehrly stated they were losing between three and five people every year so theywould not have a problem bringing those people in under a regular basis.

Commissioner Wichman was not comfortable with that. The Sheriff was talking abouthiring other people and there was a small range of time for the grant to pay for their job.By accepting this grant the County was agreeing to maintain that position well beyondthe grant.

Commissioner Cox stated she did not have a problem replacing officers the Sheriff waslosing, but she did have a problem with hiring out of grants.

Commissioner Carbone asked Sheriff Wehrly what the consequences would be if thisone did not get approved.

Sheriff Wehrly said they just would not have people to add to Beatty, Tonopah andRound Mountain.

Page 8: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 8December 6, 2016

15. For Possible Action — Approval of a no-cost extension to the FFYI6Emergency Preparedness Working Group (EPWG) grant performance periodextending the period to August 31, 2017. This grant is administered out of Fund10340 Grants.-Cont’d.

Commissioner Cox noted people had been added to those areas atready and she wouldlike to replace the people in Pahrump.

Sheriff Wehrly explained she was trying to keep a constant and add in the northernareas, but she could not keep a constant if she took from one place and put them inanother.

Commissioner Wichman said her concern was the County was issued a federal grantfor COPS and agreed to everything in that grant. Then next year the County’s budgetwas reduced again and the minute someone was laid off or that position was notmaintained the County had to pay the entire thing back. She was not willing to go thereas she did not know how to make that a logical decision in her mind to make promisesfive or six years out when she did not know what was going on now.

Pam Webster advised the County had been met with that situation in the past and thegranting agency was lenient and understanding as they were seeing it happenthroughout the nation.

Commissioner Wichman stated that was an economic hardship and she understoodthat, but that was not written into the grant.

Mrs. Webster said another option would be to use the PSST money as these would benew positions to Nye County once they came off the grant.

Commissioner Carbone said the Sheriff was looking at that.

Commissioner Cox thought these could be brought back next year when the new planwas in place. She asked how many new people had been hired this year.

Sheriff Wehrly stated that was due to attrition and they had replaced people at a lowerscale.

Commissioner Schinhofen said he had supported this grant in the past and intended tosupport it today because the deputies were needed. He pointed out that according tothe back-up this would come out of the Sheriffs funds so she knew she needed tobudget for that.

Commissioner Wichman said her problem was that it created positions that did not goaway. While the Sheriff may be able to put it into her budget for next year, in four yearsfrom now there would be extra positions that had been added and they would stay inperpetuity.

Page 9: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 9December 6, 2016

15. For Possible Action — Approval of a no-cost extension to the FFYI 6Emergency Preparedness Working Group (EPWG) grant performance periodextending the period to August 31, 2017. This grant is administered out of Fund10340 Grants.-Cont’d.

Dave Stephens did not think $150,000.00 was too much.

Ammie Nelson was not in favor of using any kind of budget from the County for thesepositions when they were already budgeted in the Sheriffs Department.

Dwight Lilly was a believer of staying within budget and while the future might not be aproblem, this was not a bet he thought the taxpayers of Nye County should be making.

Commissioner Borasky said his motion to approve items 15-18 stood; CommissionerSchinhofen said his second stood; 4 yeas. Commissioner Cox voted no.

16. For Possible Action — Approval to accept the Federal Grant CommunityOriented Policing Services (COPS Office) grant for three officer positions in theamount of $618,577, with a county match of $150000 over a three-year period.This grant shall be administered from Fund 10340 Grants and the County matchis to be funded from Fund 10101 50 General.

Commissioner Borasky made a motion to approve items 15 through 18; seconded byCommissioner Schinhofen; 4 yeas. Commissioner Cox voted no.

17. For Possible Action — Approval to accept the US Department of Justice BodyWorn Camera Policy and Implementation program grant in the amount of$165,000, with a mandatory county match of $150,000 over a three-year period.This grant shall be administered from Fund 10340 Grants and the County matchis to be funded from Fund 10233 Public Safety Sales Tax.

Commissioner Borasky made a motion to approve items 15 through 18; seconded byCommissioner Schinhofen; 4 yeas. Commissioner Cox voted no.

Page 10: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 10December 6, 2016

18. For Possible Action — Approval to enter into Grantee’s Agreement betweenState of Nevada, acting by and through its Department of Transportation and NyeCounty Senior Nutrition Program, Inc., acting by and through Nye County Boardof Commissioners. This is for FFY 2017 Federal Transit Administration Section5311 grant in the amount of $89,270 and is for transportation operating expenses,specifically assistance with fuel costs, transportation wages and other authorizedcosts. The matching funds will be $44,130 and include in-kind funds from vehiclemaintenance, Aging and Disability Services Division funding and Project Income.This grant shall be administered from Fund 10281 Senior Nutrition. No additionalCounty Match is required.

Commissioner Borasky made a motion to approve items 15 through 18; seconded byCommissioner Schinhofen; 4 yeas. Commissioner Cox voted no.

COUNTY MANAGER

31. For Possible Action — Discussion and deliberation regarding: 1) Presentationon the status of Rural Desert Southwest Brownfields Coalition CRDSBC) activitiesacross the Coalition area and in Nye County; 2) Discussion of communityactivities and sites to be assessed; and 3) Request for approval to develop FY2017 Assessment Grant Application

Rachel Schlick from BEC Environmental gave a presentation on the RDSBC, which wasestablished in 2011 to address environmental and economic development needs allover Nevada and in one county in California. The next grant application in the amountof $600,000.00 was due by December 22, 2016. Since 2011, $208,248.00 in grantdollars had been spent on Nye County grant deliverables.

Ms. Schlick reviewed the particular projects this grant had funded, like the TonopahAirport FBO Building, the Nye County Public Works Building which was currentlyundergoing a phase II assessment, and a six-acre sublease property at the TonopahAirport. An additional site of interest was the Nye Regional Medical Center.

Commissioner Wichman asked if the final of the Nye Regional assessment had comein.

Ms. Schlick said she had not received one, but she wou’d ask today if it was availableand let Commissioner Wichman know.

Ms. Schlick said one of the best things about the program was the ability to highlightaccomplishments and advertise the opportunities available in Nye County. Just thisyear the 2016 State of Nevada Brownfields workshop was held on September 20, 2016,and the RDSBC representatives traveled to the location and gave a presentation. Alsothis year the Western Brownfields conference was on September 28-29, 2016, andRDSBC representatives from Nye County had their travel, lodging and per diem fundedby the grant and also provided a presentation. Further outreach was conducted through

Page 11: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 11December 6, 2016

31. For Possible Action — Discussion and deliberation regarding: 1) Presentationon the status of Rural Desert Southwest Brownfields Coalition (RDSBC) activitiesacross the Coalition area and in Nye County; 2) Discussion of communityactivities and sites to be assessed; and 3) Request for approval to develop FY2017 Assessment Grant Application-Cont’d.

the Web site where specific Brownfields projects were available to hopefully enticedevelopers to look at the opportunities available within the County for continuedassessment and redevelopment opportunities.

Commissioner Borasky applauded former Commissioner Eastley for starting thisBrownfields grant.

Dwight Lilly wondered if the hazardous waste dump at the south end of Beatty whereuranium was stored would be looked at.

Ms. Schlick said that particular project was not on the list currently, but they werealways open to feedback from community members on sites they were interested inhaving assessed.

Commissioner Carbone added the State was really involved with that clean-up.

Lorina Dellinger advised approval to proceed with the application was needed.

Commissioner Schinhofen made a motion to approve proceeding with the application;seconded by Commissioner Wichman; 5 yeas.

BOARD OF COMMISSIONERS

19. For Possible Action — Closure of meeting, pursuant to NRS 288.220 forpurposes of conferring with the County’s management representatives regardinglabor negotiations, issues and other personnel matters.

This item was removed from the agenda.

20. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with theCounty’s management representatives regarding labor negotiations, issues andother personnel matters.

This item was removed from the agenda.

21. 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.

Page 12: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 12December 6, 2016

22. For Possible Action — Discussion and deliberation to: 1) Adopt, amend andadopt, or reject Nye County Bill No. 2016-07: A Bill proposing to amend Title 9 ofthe Nye County Code, titled Public Peace and Morals and Welfare, Chapter 9.20,Title Prostitution; providing for the severability, constitutionality and effectivedate hereof, and other matters properly relating thereto; and 2) Set an effectivedate.

Commissioner Schinhofen said this had been heard a few times and he thought it wasclear in the last meeting that the one proposed was rejected with staff directed to workon it, but apparently that did not happen.

Commissioner Schinhofen made a motion to reject the bill; seconded by CommissionerBorasky.

Commissioner Borasky said he would bring a different bill back in February.

The motion to reject the bill passed with 5 yeas.

PLANNINGIBUILDING

37. For Possible Action — Discussion and deliberation to approve Security &Transportation Plans for the following Medical Marijuana Establishments:

37a. Nye Natural Medicinal SolutionslNuVeda (Production). 301 S. Oxbow Avenue,Suite #13, Pahrump. ApplicantlAgent - Amanda N. Connor, Esg., Connor &Connor PlIc.

Commissioner Schinhofen made a motion to approve items 37a, 37b and 37c as theymet minimum standards; seconded by Commissioner Wichman; 5 yeas.

37b. Nye Natural Medicinal SolutionslNuVeda (Cultivation). 9680 S. OakridgeAvenue, Pahrump. ApplicantlAgent - Amanda N. Connor, Esg., Connor & ConnorPlIc.

Commissioner Schinhofen made a motion to approve items 37a, 37b and 37c as theymet minimum standards; seconded by Commissioner Wichman; 5 yeas.

37c. CWNevada (Production). 301 S. Oxbow Avenue, Suite #14, Pahrump.ApplicantlAgent - Amanda N. Connor, Esg., Connor & Connor P1k.

Commissioner Schinhofen made a motion to approve items 37a, 37b and 37c as theymet minimum standards; seconded by Commissioner Wichman; 5 yeas.

Page 13: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 13December 6, 2016

BOARD OF COMMISSIONERS-Cont’d.

23. For Possible Action — Discussion and deliberation to amend the CooperativeAgreement to Lease between Nye County and the Nevada System of HigherEducation for office space at the Old Courthouse in Tonopah, amending section12 utilities providing for University to pay all utilities.

Pam Webster advised the Cooperative Extension just contacted her and asked to pullthis item as they were considering possible cancellation of the lease.

Commissioner Wichman added she was also told if they did not have that space thenthe position of the only 4-H leader in the entire northern part of Nye County was injeopardy, which was why Commissioner Wichman brought this to the agenda.

There was no action taken on this item.

CLERK

24. For Possible Action — Discussion and deliberation to appoint a countyrepresentative to the Nye County Debt Management Commission due to anexpiring term.

Commissioner Wichman made a motion to appoint Cindy Kaminski; seconded byCommissioner Schinhofen; 5 yeas.

25. For Possible Action — Discussion and deliberation to 1) appoint two (2)members to the Nye County Board of Equalization for a four year term beginningJanuary, 2017 due to two (2) expiring terms; 2) appoint a Commissioner asalternate to the Board of Equalization: and 3) appoint the Chairman of the Boardof Equalization.

Commissioner Wichman made a motion to appoint Cindy Kaminski and Janice Painterwith Cindy Kaminski as chairman and if Commissioner Borasky would accept it toappoint him to the board as an alternate; seconded by Commissioner Carbone; 5 yeas.

26. For Possible Action — Discussion and deliberation to appoint three (3)members to the Beatty Town Advisory Board due to three (3) expiring terms.

Commissioner Wichman made a motion based on the results of their informal electionto appoint Dick Gardner, Kelly Carroll and Crystal Taylor; seconded by CommissionerSchinhofen; 5 yeas.

Page 14: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 14December 6, 2016

27. For Possible Action — Canvass of the returns for the Recount of the GeneralElection Results for US President and Vice President

Sam Merlino explained they met with the Secretary of State on Friday and because thiswas just a sampling it was not necessary to canvass. The determination of whetherthere would be a full recount would not be made until the results were received from allof the counties. She noted Mr. De La Fuentas’ results did not change, but the Secretaryof State wanted to put out the full results when everyone was done.

There was no action taken on this item.

SHERIFF

29. For Possible Action — Discussion and deliberation regarding a renewal of aWholesale/Retail Fireworks Permit for Outlaw Pyrotechnics, Inc. Kelly Bernard —Applicant.

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

28. 2015 Audit Conducted by the Sheriff

Sheriff Wehrly confirmed for Commissioner Wichman that this was an internal audit.

Sheriff Wehrly stated when she campaigned one of the things she said she was goingto do was audit the office to determine if changes were needed. The audit wasconducted in the areas of detention; patrol; equipment and supplies; training; evidence;administration; special weapons and tactics; canine; Sheriffs Auxiliary; search andrescue; and the grant program. Sheriff Wehrly reviewed the assumptions made frommeetings she had with the outgoing Sheriff as well as each of the audit findings and thecorrections made, which were all contained in their entirety in the back-up.

Commissioner Wichman asked if there were any updates on the items that were labeledas ongoing.

Sheriff Wehrly said she could put it in memo form and put it on the Web site.

Tony DeMeo, former Sheriff of Nye County, said he did not realize this would be on theagenda and did not have a chance to formulate a response, but some of theassumptions Sheriff Wehrly made in the very beginning were not true. He said he wasstunned by the misrepresentations and inaccuracies presented in her audit report. Hespecifically rebuked Sheriff Wehrly’s statements regarding the policy manuals; the lawlibrary; training; inventory lists; firearms and ammunition; programs and lesson plans;background investigation; SWAT; the canines; and grants. Mr. DeMeo said he wouldmake himself available to the Commissioners if they would like to discuss this furtherwith him.

Page 15: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 15December 6, 2016

The Board was in recess until 1:45 p.m.

Commissioner Cox was not present.

TREASURER

30. Treasurer’s Report

The report was in the back-up.

FINANCE

32. For Possible Action — Discussion and deliberation regarding the budgetstatus through October 2016 for Nye County Fiscal Year 2017, budget proiectionsand possible actions.

Savannah Rucker noted the report was through October 31, 2016. Most departmentswere under the threshold of 33% with 33% of the year lapsed and if they had anoverage it was because of contractual items that were encumbered in the beginning ofthe year.

Commissioner Carbone was concerned about Animal Control for the Sheriff and makingsure Animal Control in the north was taken care of.

Ms. Rucker explained Animal Control in Tonopah was overseen by EMS and AnimalControl in Pahrump was overseen by the Sheriffs Office. Based on her conversationwith Commissioner Carbone earlier she would reach out to the Sheriff to discuss theirstatus and overtime.

Commissioner Cox was present.

Commissioner Wichman commented it looked like many of the revenues were waybelow where they should be, but she thought that was normal.

Ms. Rucker said yes and explained the County saw approximately 25% of its revenu inthe last two months of the year.

Commissioner Schinhofen thought it had been misunderstood by some of the public.He commented that over the last six years that he had been on the Board he had seena lot of cuts made. He said he saw light at the end of the tunnel and it was not as direas some people wanted to forecast.

Mrs. Webster pointed to the real property line on the revenue page showing twocollections of the four quarters of property taxes and with two it was at 60%, which wasa pretty strong number. Also, the consolidated tax was only two months because of athree month lag so that was only a sixth of that income and the County was right on

Page 16: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 16December 6, 2016

32. For Possible Action — Discussion and deliberation regarding the budgetstatus through October 2016 for Nye County Fiscal Year 2017, budget projectionsand possible actions.-Cont’d.

track at 16%. However, there was still that big gaping PILT number that could make ahuge difference if it did not get fully funded.

Commissioner Schinhofen stated he wanted to address that on an upcoming agenda.

33. For Possible Action — Discussion and deliberation to: 1) Award Bid #2016-09 —

Tonopah Janitorial. The amount of the bid is $119,112 annuallyl$9,926 monthly; 2)execute the contract; and 3) Fund partially from 10101 Nye County General Fund,$69,000 annually/$5,750 monthly and partially from 10291 County Owned BuildingFund, $50,112 annuaUyl$4,1 76 monthly.

Commissioner Wichman made a motion to award the contract to B & B Chem Dry andJanitorial and execute the contract; seconded by Commissioner Schinhofen; 5 yeas.

H/R AND RISK MANAGEMENT

34. For Possible Action — Discussion and deliberation to adopt, amend and adopt,or reject Nye County Resolution No. 201 6-81: a Resolution amending the NyeCounty Personnel Policy Manual.

Commissioner Wichman asked if the only changes being suggested in the back-upwere in a different color ink or highlighted.

Danelle Shamrell, Human Resources Manager, said that was correct. Some weregrammatical, some were based on position title changes, and all of the contextualchanges were a result of laws changing. All changes were reviewed by Chief DeputyDistrict Attorney Maria Zlotek.

Commissioner Wichman said she was going to amend it because there was language inSection 2.21 that she overlooked and never would have agreed to. Electronic cigaretteswere not tobacco use. They were a method for eliminating tobacco use and quittingsmoking and she never would have voted for that.

Commissioner Wichman made a motion to adopt all suggestions in a different color inkor highlighted and amend section 2.21 to remove electronic cigarettes; seconded byCommissioner Schinhofen; 5 yeas.

Page 17: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 17December 6, 2016

35. For Possible Action — Discussion and deliberation to fill a vacant DispatchPosition #10022-016 in the Pahrump Office effective Match 4, 2017 due to anemployee resigning het position December 4, 2016 to take a vacant position inPlanning effective December 5, 2016.

Commissioner Schinhofen made a motion to approve; seconded by CommissionerCa rbo ne.

Pam Webster asked if the motion was to fill the position immediately or wait until March.

Commissioner Schinhofen said he would like to fill the position immediately because ofpublic health and safety.

Commissioner Schinhofen amended his motion to approve hiring to replace thedispatch position as soon as possible without the 90 day freeze.

Commissioner Carbone thought money was being lost here.

Danelle Shamrell said $26,000.00 would have been removed from their budget if theyhad waited the 90 days and there were no accruals on that.

Pam Webster said the County was not losing, just contributing to the savings. It was abudgeted position and there were no payouts to add to the budget.

Ms. Shamrell added it took about 16 weeks to train a dispatcher.

Commissioner Carbone amended his second.

The motion to approve hiring to replace the dispatch position as soon as possiblewithout the 90 day freeze passed with 5 yeas.

36. For Possible Action — Discussion and deliberation to fill a vacant FinancialAssistant II Position #07016-001 in the Finance Department January 29, 2017. Theposition became vacant October 31, 2016.

Commissioner Schinhofen asked if there were any savings to be had by waiting untilJanuary 29, 2017.

Danelle Shamrell advised there would be about $15,000.00 worth of savings which thedepartment could absorb without having to wait.

Commissioner Schinhofen made a motion to fill the position immediately; seconded byCommissioner Wichman; 5 yeas.

Page 18: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 18December 6, 2016

PLANNING/BUILDING-Cont’d.

38. For Possible Action — Discussion and deliberation to approve a draft letterproviding Nye County’s preliminary scoping commentslissues of concern relatedto extensionlexpansion of federal agency land withdrawals regarding Naval AirStation (NAS) Faflon and U.S. Air Force Land WithdrawalslExpansion.

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

39. For Possible Action — Discussion and deliberation concerning a request toapprove a release of all but 15% of the financial security related to improvementsas stated in the Subdivision Improvement, Maintenance and Warranty Agreement(SIA) document for Villa Serena Unit 2 Final Subdivision Map, Mountain FallsPlanning Area 3-3A Unit 2, located in the Pahrump Regional Planning Districtwithin the Mountain Falls Master Planned Community. William Lyon Homes, Inc. ITerry Connelly — Applicant. (IA-2016-000009)

Commissioner Schinhofen advised he had spoken to the Public Works Director earlierwho told him he had signed off on this. Commissioner Schinhofen said he wascomfortable they had built to standard, but this would give the County two years ofmaintenance and the one year warranty.

Commissioner Schinhofen made a motion to approve to release; seconded byCommissioner Wichman.

Commissioner Carbone asked why these were not made longer as far as warrantieswere concerned.

Darrell Lacy, Planning Director, ‘said that was what was agreed to in the past. If theBoard would like to include something different in new agreements in the future thatcould be discussed.

The motion to approve to release passed with 5 yeas.

PUBLIC PETITIONER

40. For Possible Action — Discussion and deliberation regarding a request tosupport the closure of State Highway 318 on May 21, 2017 and September 17,2017 for the road events held by Silver State Classic Challenge.

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

Page 19: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

Page 19December 6, 2016

41. For Possible Action — Discussion and deliberation regarding transferring theRecreation and Public Purposes Lease No. N-45126 — Amargosa Community Park— to the Town of Amargosa Valley, subiect to BLM approval.

This item was removed from the agenda.

42. GENERAL PUBLIC COMMENT (second)

Priscilla Lasater read a letter from the State of Nevada Department of Health andHuman Services responding to her complaints about the Desert View Regional MedicalCenter regarding admission, transfer and discharge rights [attached]. She said if theBoard dared to build another hospital without getting this one fixed first she would bedown their throats.

Commissioner Wichman explained that was a private hospital that the Board hadnothing to do with and the County was not building another hospital.

Commissioner Carbone asked Ms. Lasater to make an appointment with him to talkabout this.

43. ANNOUNCEMENTS (second)

There were none.

44. ADJOURN

Commissioner Carbone adjourned the meeting.

APPROVED this

_______________day

ATTEST:

Of / , 2017.

_________________________________

1Q c x?Chair Nye bounti Clerk I Deputy

Page 20: Frank Carbone, Chair Chambers, 101 Radar Road, Tonopah

STATE OF NEVADACODY PifiNNEYBRIAN SANDOVAL

AdministratorGovernor

LEON RAVIN, MDRICHARD WHITLEY, MSInterim Chief Medical OfficerDirector

DEPARTMENT OF HEALTH AND HUMAN SERVICESDIVISION OF PUBLIC AND BEHAVIORAL HEALTH

BUREAU OF HEALTH CARE QUALITY AND COMPLIANCE4220 S. Maryland Parkway, Suite 810, Bldg. D, Las Vegas, NV $9119

Telephone: 702-486-6515, Fax: 702-486-6520dpbh.nv.gov

April 15, 2016

Prisceilla Lasater111 Betty AvePahrump, NV $9060

RE: Complaint #NV00045718

Dear Ms. Lasater:

This letter is an acknowledgement that the Bureau of Health Care Quality and Compliance has receivedyour complaint concerning Desert View Regional Medical Center.

Thank you for bringing to our attention your specific issues and concerns xegarding this facility. Yourconcerns related to admission, transfer and discharge rights will be investigated during an unannouncedonsite visit at the facility by an investigator. You will be notified of the outcome of the Bureau’sinvestigation.

Our team of investigators will review your specific concerns, and evaluate the facility’s actions, todetermine if the facility is in compliance with state and/or federal regulations. Please refer to theenclosed fact sheet that describes the investigation process.

if you have any questions or concerns about your complaint, please call our Northern office at 775-684-1030 or our Southern office at 702-486-6515 and refer to the complaint number stated above.

Sincerely,

fr7, 4Q,-eYI

Mary Benson, AAWComplaint Intake Coordinator

cc: Amir Bringard, Health Facilities Inspector ifi

End: 1 Page Complaint Process Fact Sheet

Public Health: Working for a Safer and Healthier Nevada