Minutes - Nye County

Page 1
July 19, 2016
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 10:00 a.m. in the Commissioner
Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada 89048.
Frank Carbone, Chair
Dan Schinhofen, Vice Chair
Lorinda Wichman, Commissioner
Butch Borasky, Commissioner
Donna Cox, Commissioner
Sandra L. Merlino, Ex-Officio Clerk of the Board
Angela Bello, District Attorney
Sharon Wehrly, Sheriff
Pam Webster, County Manager
Also present: Lorina Dellinger, Director of Administrative Services; Kelly Sidman,
Deputy Clerk; Savannah Rucker, Comptroller; Christi Kindel, Deputy District Attorney
Not Present: Angela Bello, District Attorney; Sharon Wehrly, Sheriff
1. Pledge of Allegiance
The Pledge was recited.
2. Approval of the Agenda for July 19, 2016.
Pam Webster stated items 6, 18, and 26-28 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).
Bill Wilborn from the Department of Energy in Las Vegas announced that on July 26,
2016, from 4:00 p.m. to 7:00 p.m., at the Amargosa Community Center there would be a
groundwater open house to discuss some of the groundwater conditions at the Nevada
Test Site. He left flyers for the public.
Diane Southworth said the chairperson for the Nye County Democratic Party passed
away and they would have an open house on Thursday at 7:00 p.m. to celebrate his life
and everyone was invited. Secondly they had collected $130.00 toward the K-9
bulletproof vests and before the chairperson passed the decision was made to match
that amount. Mrs. Southworth had a check today for $260.00 and just needed to know
who to make it out to.
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July 19, 2016
3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will
not be taken on the matters considered during this period until specifically
included on an agenda as an action item (first).-Cont’d.
Pam Webster said it should be made out to the Nye County Treasurer.
Gail Goudin said she and her husband had lived at 2320 Ida Street since 1986. At that
time the road was called Chiquita Road and was gravel. It was still gravel now and
when they learned the road would probably never be paved they asked about
maintenance. They were told since they were not inside the Town of Pahrump’s limits
that Nye County was responsible for the maintenance and it was paid for by property
taxes. Mrs. Goudin advised in 1999 the road was renamed and turned into four roads
without their knowledge. The road did not do very well with all the traffic on it so they
called for maintenance and were ignored. Mrs. Goudin advised they were eventually
told that their single road was never designated a County road and therefore was not
maintained. Further, they were told the three roads would have to be brought up to
County specifications and Mrs. Goudin stated they could not afford that, so they were
stuck with a bad road.
Commissioner Carbone said he would talk to Public Works after the meeting to try to
find out what happened and get back in touch with Mrs. Goudin.
Commissioner Wichman thought Mrs. Goudin was mixing up the words designated and
dedicated. The road had not been dedicated to the County which meant it was private
property in the eyes of the County. She said Mrs. Goudin would have to find the
property owner and have them dedicate it to have it put on the maintenance schedule.
Larry Chapman said he lived at 2101 Kelsey Way and about two years ago he started
trying to do something with this. He went to Public Works and was told to contact
Commissioner Cox. She sent Mr. Chapman back to Public Works as she felt the
petition was not necessary because of the damage to the road. He took it back to
Public Works about a year ago and they told him it was not a dedicated road. Mr.
Chapman asked if he could put gravel on it and was told he would then assume
responsibility of the road, which he could not do. He advised Public Works did grade it
one day to fill up the potholes, but something needed to be done with it.
Commissioner Carbone pointed out that some of the roads were in subdivisions so
nothing could be done. He asked Mr. Chapman to give his number Lorina Dellinger.
Sheila Pool stated she lived on Venus off of Bannavitch and all of the streets out there
were paved except hers. She had emphysema and sometimes it got so bad she could
not breathe. Also, Ms. Pool advised on the southwest corner of Bannavitch and
Flamingo there was a stop sign that was not visible and she was worried someone was
going to get killed there one day.
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July 19, 2016
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 ffirst).-Cont’d.
Manuel Villavicencio asked who could do something in the city about the trash, not only
on Highway 160 but also the people who were doing community service and went out
with bags.
Commissioner Carbone said he was concerned with it also, but there were several
groups out there that did specific pick-ups as well as a young man with Channel 46 who
could probably help as they had a group that went out and did that stuff. Commissioner
Carbone suggested Mr. Villavicencio meet with that gentleman after the meeting.
Mr. Villavicencio suggested passing legislation for a heavy fine.
4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye
County Board of Commissioners, Board of Highway Commissioners, Licensing
and Liquor Board, the Governing Body of Unincorporated Town of Pah rump, the
Governing Body of 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 regular meeting on June
21, 2016, and teleconference on June 30, 2016.
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Commissioner Wichman made a motion to approve; seconded by Commissioner
Schinhofen; 5 yeas.
SITTING AS THE BOARD OF COUNTY COMMISSIONERS
5. Announcements (first)
Commissioner Borasky advised Congressman Hardy would have a career
advancement workshop on July 21, 2016, from 5:00 p.m. to 7:00 p.m., at the College of
Southern Nevada, Cheyenne Campus, Building A, and people could RSVP at 702-9121634. Also, a friend of Commissioner Borasky’s from California told him there was a lot
of talk about closing the Diablo Canyon nuclear power plant. Commissioner Borasky
pointed out there were 1,300 employees there with an average pay rate of $130,000.00
per year and commented the “greenies” needed to remember that nuclear power plants
did not create global warming. Also, the closure could have a ripple effect on Nye
County as Valley Electric was tied into California electric now.
Richard Goldstein from the American Veterans Foundation of Pahrump wanted to let
everyone know their next meeting would be August 11, 2016, at 1:30 p.m., at the Nye
Communities Coalition. He invited all the Commissioners and veterans concerned
about veterans’ affairs.
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July 19, 2016
5. Announcements (first)-Cont’d.
Commissioner Schinhofen encouraged everyone concerned about the tests done and
Yucca Mountain to go to the groundwater meeting in Amargosa on July 26, 2016. Also,
he confirmed the Diablo Canyon nuclear power plant was going to be closed and said
that would be 14 orphaned power plants and it was a national security issue that there
be a repository.
Commissioner Carbone said five teenagers had an idea that would happen in front of
the Sheriff’s Office on July 30, 2016, from 9:00 a.m. to 9:30 a.m. They wanted to have
as many people as possible come and #alllifematters and #respectalllifeequally.
6. For Possible Action
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Emergency Items
This item was removed from the agenda.
7. Commissioners’IManager’s Comments (This item limited to announcements or
topics/issues proposed for future workshops/agendas)
Commissioner Schinhofen advised he got the road he lived on dedicated. He started
working on it in 2006 before he was a Commissioner and it took about four or five years.
He said the Commissioners would be happy to work with anyone on those issues.
Regarding custody dogs, Commissioner Carbone stated the County had been pretty
much pummeled with dogs brought in as evidence in the last year and the bill to the
County was $327,000.00. He wanted to make sure that got brought up during the
session on Thursday with the judges, lawyers, bailiffs, and District Attorney’s Office. He
would like to see some things move a little faster through the court system so the
animals could be pushed on to where they needed to go quickly.
Christi Kindel said they would also like to see things move quicker through the courts,
however, NRS 574.055 required that when a peace officer took custody of a dog the
County was responsible to take possession of it and provide shelter and care.
Pam Webster said it was recognized that the dog had to be taken into custody and
cared for, but she questioned a year. The situation was more some sort of reasonable
timeframe that needed to be considered.
Commissioner Cox felt there needed to be a process for billing the people who had the
problems with the dogs in the first place.
Sam Merlino said she neglected to put on the July agenda the discussion of what her
plans were for her technology fund. She advised she would eventually use what she
had in there to replace four of her dying printers.
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July 19, 2016
7. Commissioners’IManager’s Comments (This item limited to announcemen
ts or
topics!issues proposed for future workshopslagendas)-Cont’d.
Pam Webster advised she had been informed there would be a second round of
CDBG
grants offered which would be on the agenda soon.
Lorina Dellinger said staff would like to schedule a teleconference for July 28, 2016,
at
8:30 a.m., to approve some debt policies prior to August 1,2016.
Commissioner Schinhofen commented people said they did not know about meetin
gs
and confirmed with Mrs. Dellinger that there was a “Notify Me” option for agendas when
they were posted.
TIMED ITEMS
8. 10:00 Presentation of certificate and!or plagues to five (5) employees honore
d
for their years of service.
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Certificates and/or plaques were presented to the following employees for their years of
service:
5 Yeats:
10 Years:
25 Years:
Timothy Sutton
Gregory Curtin; Amy Krueger; Christina Landsberry
Thomas Metscher
9. 10:30 For Possible Action Presentation, discussion and deliberation by
Nevada Department of Transportation regarding the Nye County 2017 Work
Program, which are scheduled for construction during the next fiscal year.
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—
Sandra Rosenburg, Assistant Director of Planning at N DOT, and Lee Bonnet,
Government Liaison from NDOT, were present. Ms. Rosenburg began the review of the
work plan for 2017 by discussing the safety numbers in Nye County, which included
eleven fatalities in both 2014 and 2015. On a positive note there were 355 days without
a fatality out of the 365, and NDOT would work with the County to bring that number
down. She explained the data was based on crash location rather than County
residents versus drive-throughs, but at Commissioner Schinhofen’s request Mr. Bonnet
would look into how many were on U.S. 95.
Ms. Rosenburg then reviewed the four E’s of traffic safety: engineering, education,
emergency response, and enforcement. She said NDOT was mostly focused on the
engineering side, but had increased coordination and partnership with emergency
response and enforcement. As far as funding, Ms. Rosenburg advised the FAST Act
was passed last December, which was a five year transportation bill, and fuel revenue
indexing was another funding mechanism that would be on the ballot this fall. Based on
information she had from the DMV Nye County would generate about $53 million over
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July 19, 2016
9. 10:30 For Possible Action Presentation, discussion and deliberation by
Nevada Department of Transportation regarding the Nye County 2017 Work
Program, which are scheduled for construction during the next fiscal year.
Cont’d.
-
—
the ten-year period and the State would work closely with the County on how to spend
that money if it passed in Nye County.
Ms. Rosenburg then discussed the Nye County project ideas, which included U.S. 95,
SRi 60, SRi 72, the Pahrump Bypass, Tonopah medians, the Nye County Gateway,
SR62, and the Gemfield Mine. She said NDOT was working through where to fit those
into the program.
Commissioner Cox noted that SRI 72 should be SR372.
Commissioner Schinhofen said the widening needed for Calvada to Homestead and
Winery was being done from Rainbow down to Calvada. He expressed his appreciation
for that being moved up and noted it would be done before Christmas.
Commissioner Borasky questioned the $51 million price to do that.
Ms. Rosenburg said she would take a look at that. It was either a typo or might be a
mile post instead of a dollar amount. Mr. Bonner would get back to the County on the
actual cost.
Ms. Rosenburg stated the projects under construction now or going to construction this
year were not included in this packet as NDOT was asking for acceptance of their 2017
work plan. Currently NDOT planned $3.5 million in FY17 and $27.5 million for FY18FY20, subject to funding constraints and various priorities. Ms. Rosenburg then asked
for a motion to accept the proposed FY17 work program.
Commissioner Wichman made a motion to accept the proposed FY17 work program;
seconded by Commissioner Schinhofen; 5 yeas.
Mr. Bonnet said NDOT would be back in the fall to talk about more projects and
hopefully the Board could help them with priorities in the County.
Commissioner Borasky asked if NDOT would give a presentation on the roundabouts.
Ms. Rosenburg said their Traffic Safety Engineering Division was working with their
Public Information Office to schedule some public workshops or training to make sure
everyone knew how to operate a roundabout safely.
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July 19, 2016
10. 7 0:45 For Possible Action Public Hearing, discussion, and deliberation to
issue an Outdoor Festival License to the Pahrump Gold, Gem and Mineral Show
for the Pahrump Gold, Gem and Mineral Show to be held October 14-16, 2016, at
Petrack Park located at 150 Highway 160, Pahrump, Nevada.
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—
Dennis Twitchell, a member of the board of the Gold, Gem and Mineral Show, and Larry
Tobey, secretary, were present. Mr. Twitchell said this was their first year and they had
23 vendors signed up so far and one food vendor. They would also have some
speakers and hoped to bring some money into the town on this project.
Commissioner Carbone suggested they contact the mobile food vendors.
Commissioner Schinhofen asked about review by the Sheriff.
Pam Webster explained that was a condition the Board could impose when an applicant
came forward, but it was not written as a mandatory requirement in the ordinance. She
thought a security or a fire plan or at least some notification to the Sheriff and the fire
chief could be considered for an imposition if the Board liked.
Commissioner Carbone advised the applicant had talked with Chief Lewis and Chief
Lewis had communicated with all the other entities.
Commissioner Schinhofen made a motion to approve provided the applicant coordinate
with Matt Luis to make sure they had trash and port-a-potties in place and also talk with
the Sheriff to make sure if they reached over that 1,000 number that they got some kind
of security.
Mr. Twitchell advised they had covered both of those bases.
Commissioner Wichman seconded the motion to approve provided the applicant
coordinate with Matt Luis to make sure they had trash and port-a-poffies in place and
also talk with the Sheriff to make sure if they reached over that 1,000 number that they
got some kind of security; 5 yeas.
11. 10:45 For Possible Action:
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ha. For Possible Action Discussion and deliberation to accept a Business
Impact Statement prepared pursuant to NRS 237.090 to address the business
impact of Nye County Bill No. 2016-04 pertaining to Prostitution.
—
Commissioner Wichman made a motion to continue this item to September 6, 2016, to
give the businesses an opportunity to get those statements back to the Board as she
understood from staff only one was received so far; seconded by Commissioner
Schinhofen; 5 yeas.
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July 19, 2016
lib. For Possible Action Public Hearing, discussion, and deliberation to: 1)
Adopt, amend and adopt, or reject Nye County Bill No. 201 6-07: A Bill proposing
to amend Title 2 of the Nye County Code, titled Public Peace and Morals and
Welfare, Chapter 9.20, Title Prostitution; providing for the severability,
constitutionality and effective date hereof, and other matters properly relating
thereto; and 2) Set an effective date.
—
Commissioner Carbone opened the public hearing.
Commissioner Borasky made a motion to continue the public hearing to September 20,
2016; seconded by Commissioner Schinhofen; 5 yeas.
Commissioner Borasky understood the language was small business and wondered
where the breakout was for the small businesses from medical marijuana and brothels.
Pam Webster said she had not heard it limited to small business, but she just saw that
in the opinion from the Legislative Counsel Bureau also and needed to look into it. She
added the County had been remiss in doing this in some cases so she was making sure
it was covered now.
Joni Eastley added the law changed during the last session to provide a business
statement when a proposed rulemaking by an elected body would impose fees or fines
or other charges that would affect small businesses or any other owners. Since this
ordinance change affected fines or fees a business impact statement was required.
12. For Possible Action Public Hearing, discussion, and deliberation to: 1)
Adopt, amend and adopt, or reject Nye County Bill No. 2016-06: A Bill proposing
to amend Title 2 of the Nye County Code by adding Chapter 2.86, Whistleblower
Protection; providing for the severability, constitutionality and effective date
hereof, and other matters properly relating thereto; and 2) Set an effective date.
—
Commissioner Carbone opened the public hearing.
Commissioner Carbone said he talked to the District Attorney about pulling this into the
Nye County policies and he did not understand the need for an ordinance.
Christi Kindel explained federal law required the ordinance have this language in it and
the language in the personnel manual pre-dated the ordinance. To eliminate the
duplicity she said it would make more sense to have the language in the ordinance and
have the personnel manual refer to the ordinance, but her advice would be to leave it
the same out of an abundance of caution. Ms. Kindel said the big difference was the
policy manual was changed differently than the ordinance would be.
Commissioner Carbone said the question was asked if it went beyond the employees
and he believed it was just for the employees.
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July 19, 2016
12. For Possible Action Public Hearing, discussion, and deliberation to: 1)
Adopt, amend and adopt, or reiect Nye County Bill No. 201 6-06-Cont’d.
—
Commissioner Carbone closed the public hearing.
Commissioner Schinhofen commented there were federal and state laws for
whistleblower protection. The State was requiring the County to adopt this law and
there were things in the law that he did not like.
Commissioner Schinhofen made a motion to adopt Bill No. 2016-06; seconded by
Commissioner Wichman; 5 yeas.
Commissioner Schinhofen amended his motion to set an effective date of August 9,
2016; Commissioner Wichman amended her second; 5 yeas.
13. 11:00
For Possible Action:
—
13a. 11:00 For Possible Action Special Use Permit Application No. SU-2016000018: Public Hearing, discussion and deliberation regarding a request for a
Special Use Permit to allow for the expansion of an existing medical marijuana
establishment (cultivation facility) located at 1205 S. Loop Road, Pahrump,
Assessor Parcel #035-381-35. Floyd’s Construction Inc. Property Owner. Green
Life Productions, LLC Applicant.
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—
—
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13b. 11:00 For Possible Action Special Use Permit Application No. SU-2016000019: Public Hearing, discussion and deliberation regarding a request for a
Special Use Permit to allow a medical mariiuana establishment (production
facility) located at 1205 S. Loop Road, Pahrump, Assessor Parcel #035-381-35.
Floyd’s Construction Inc. Property Owner. Green Life Productions, LLC
Applicant.
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—
—
—
I 3c. 11:00 For Possible Action Special Use Permit Application No. SU-201 6000020: Public Hearing, discussion and deliberation regarding a request for a
Special Use Permit to allow a medical mariiuana establishment (dispensary)
located at 1205 S. Loop Road, Pahrump, Assessor Parcel #035-381-35. Floyd’s
Construction Inc. Property Owner. Green Life Productions, LLC Applicant.
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—
—
—
Commissioner Carbone opened the public hearing.
Diane Southworth thought there could only be one dispensary in the County.
Darrell Lacy, Planning Director, explained there were three subsets here, one for
expansion of a cultivation facility, one for a new production, and one for a new
dispensary. Special use permits were the zoning only and since they were expanding
an existing cultivation facility on this site this was the process. The discussion about
whether there were new or additional dispensaries available may be answered this fall
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July 19, 2016
13a. 11:00 For Possible Action
00001 8-Cont’d.
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13b. 11:00 For Possible Action
00001 9-Cont’d.
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13c. 11:00 For Possible Action
000020-Cont’ U.
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—
Special Use Permit Application No. SU-2016-
—
Special Use Permit Application No. SU-2016-
—
Special Use Permit Application No. SU-2016-
when the referendum went through for recreational marijuana. He said all the County
was doing at this time was granting a zoning approval to say the location was okay.
Commissioner Carbone closed the public hearing.
Commissioner Schinhofen said all three of these items were the same property and the
same property owner, who had been exemplary in their cultivation facility. They did
great quality control and he would be happy to expand their use.
Commissioner Schinhofen made a motion to approve items 13a, 13b and 13c;
seconded by Commissioner Borasky.
Mike Floyd confirmed for Commissioner Borasky that they would have to empty the
existing building to utilize it for this project and the whole property would be fenced with
the same security fence they put in the back part.
The motion to approve items 13a, 13b and 13c passed with 5 yeas.
SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners.
14. For Possible Action
-
General road report by Public Works Director
Tim Carlo from Public Works advised they would be wrapping up their portion of Bell
Vista this week and should be ready for superpave, but they were still working on flood
issues. He confirmed he made note of Bannavitch and Flamingo and that Kearney
Street would be on his agenda soon.
Commissioner Wichman asked if there was a plan to fill the two positions in Tonopah.
Mr. Carlo said yes.
Commissioner Borasky said he would contact Mr. Carlo by e-mail for some potholes
and things, but he thought it would be nice to give some sort of presentation to the
public of where the funding came from to fix the roads because some people thought
that just because they paid property taxes they should be able to have a new road in
front of their house.
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July 19, 2016
14. For Possible Action
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General road report by Public Works Director-Cont’d.
Commissioner Cox suggested having something during the evening.
Commissioner Wichman asked if Mr. Carlo was getting the reports on the Web site.
Mr. Carlo said yes, but they were limited. He got ten times more reports by word of
mouth then he did off the Web site.
Commissioner Wichman suggested having an interview with the media outlets to
explain how the roads worked so they could do a public piece in the newspaper.
Commissioner Cox noted she still needed to get a meeting together with Dave Fanning
and whoever else to cross reference some things and talk about some things.
Commissioner Schinhofen commented many people would be happy to see the
maintenance crews freed from Bell Vista. He also had word that Homestead, Gamebird
to Manse, could move forward.
Mr. Carlo said yes and they were just waiting on the hydrology report.
Commissioner Carbone assumed the Chair of the Board of County Commissioners.
SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP
15. Committee Reports
There were none.
16. Town of Pahrump Ongoing Prolect Report
The report was in the back-up.
17. For Possible Action Discussion and deliberation to ratify the grant
application submitted to the Nevada Commission on Off-Highway Vehicles for the
development of a motocross park.
—
Pam Webster confirmed this was the one that Robert Adams gave to her and it was
submitted on time.
Commissioner Schinhofen made a motion to ratify the application; seconded by
Commissioner Wichman; 5 yeas.
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July 19, 2016
18. For Possible Action Discussion and deliberation regarding accepting eight
(8) Nevada Commission on Tourism (NCOT) grant awards and to approve a
project budget for tourism for FY17: Certified Folder Display; Nevada Magazine
and Ride Guide; Nevada Visitor Guide; Amplified Story Telling; Integrated Insert;
Prospecting and Site Retargeting; Good Sam Travel Guide and Directory; Public
Relations. The grant match and project budget has been budgeted in Fund 25220
Pahrump Tourism Room Tax.
—
This item was removed from the agenda.
SITTING AS THE BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA ITEMS These are items that Staff recommends for approval.
The Board reserves the right to move any consent agenda item to the regular
segment of the agenda should issues arise that need to be addressed.
Discussion of any item from the Consent Agenda Items that needs review before
a decision is made.
—
19. For Possible Action
—
Approval of Elected Official Collection Report
Commissioner Schinhofen made a motion to approve items 19-25; seconded by
Commissioner Wichman; 5 yeas.
20. For Possible Action Approval to set the date and location of the second
meeting of the Board of Commissioners for Tuesday, October 18, 2016 in
Pahrump, Nevada.
—
Commissioner Schinhofen made a motion to approve items 1 9-25; seconded by
Commissioner Wichman; 5 yeas.
21. For Possible Action Approval to accept a grant award #16/PS/12 from the
State of Nevada Community Development Block Grant (CDBG) program in the
amount of $30,000.00 for Nye County Senior Nutrition to provide funding for the
purchase of a non-emergency medical transportation vehicle for the senior
citizens and Medicaid clients to and from their medical appointments. There is no
match required. This grant will be administered out of Fund 10340 Grants.
—
Commissioner Schinhofen made a motion to approve items 19-25; seconded by
Commissioner Wichman; 5 yeas.
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July 19, 2016
22. For Possible Action Approval to accept a grant award #161PF113 from the
State of Nevada Community Development Block Grant (CDBG) program in the
amount of $322373.00 for Nye County Public Works to provide funding to rebuild
Complex Well #1 located in Pahrump, NV. There is an in-kind match requirement
in the amount of $30000.00. This grant will be administered out of Fund 10340
Grants.
—
Commissioner Schinhofen made a motion to approve items 1 9-25; seconded by
Commissioner Wichman; 5 yeas.
23. For Possible Action Approval to: (1) to accept the SFY 2017 Grant Award
from the Nevada Aging and Disability Services Division (ADSD) in the amount of
$121,744 to provide senior transportation services in Amargosa Valley, Beatty,
Gabbs, Smoky Valley and Tonopah in Nve County. This grant application also
includes our Long Distance Medical Transportation Program providing nonemergency medical rides to the larger cities. Matching funds of $21,487 are
budgeted in our contract with Medical Transportation Management, Inc. (MTM)
and by the NDOT Fuel Grant and (2) of the Confidentiality Addendum with Nevada
Aging and Disability Services Division.
—
Commissioner Schinhofen made a motion to approve items 19-25; seconded by
Commissioner Wichman; 5 yeas.
24. For Possible Action Approval to accept a grant award from Division for
Aging Services for Nutrition Services Incentive Program (NSIP) to provide
commodity food funds for the nutrition program in Amargosa Valley, Beatty and
Tonopah Senior Centers in the amount of $4,177. There is no County match
required.
—
Commissioner Schinhofen made a motion to approve items 19-25; seconded by
Commissioner Wichman; 5 yeas.
25. For Possible Action Approval to accept a Grant Award for the Community
Services_Block_Grant (CSBG), grant conditions and assurances to provide
assistance for Nye County’s very low to low-income population. There is no
County match required.
—
Commissioner Schinhofen made a motion to approve items 19-25; seconded by
Commissioner Wichman; 5 yeas.
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July 19, 2016
BOARD OF COMMISSIONERS
26. For Possible Action Closure of meeting, pursuant to NRS 288.220 for
purposes of conferring with the County’s management representatives regarding
labor negotiations, issues and other personnel matters.
—
This item was removed from the agenda.
27. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the
County’s management representatives regarding labor negotiations, issues and
other personnel matters.
This item was removed from the agenda.
28. 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.
29. For Possible Action Discussion and deliberation to provide funding to the
Veterans of Foreign Wars, Post 10054 to help purchase an ice machine and a
filtering system for the machine.
—
Commissioner Borasky reminded everyone of the incident not too long ago when
someone tried to make a drive-through out of the VFW building, which set their budget
back quite a bit. They were now short for an ice machine, which did go with the bar, but
they also donated ice to different agencies in the community.
Commissioner Borasky made a motion to approve up to $4,000.00 for the ice machine.
He would get an exact number and then get with the County Manager; seconded by
Commissioner Schinhofen.
Commissioner Borasky asked Pam Webster if a hard number was required or if he
could say up to $4,000.00 with the balance going to the food pantry or if he should just
make it up to $4,000.00 and once they produced an invoice it would be paid that way.
Mrs. Webster advised a grant toward the purchase of the ice machine for a fixed
amount could be approved.
Commissioner Carbone was concerned about the Commissioners tending themselves
to helping these particular agencies, specifically the Veterans of Foreign Wars. Since
the money was collected specifically for each veteran to be supported, he wanted to be
specific as to what the money was being used for and thought the motion should state
the money was coming from that department and was only for this item.
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July 19, 2016
29. For Possible Action Discussion and deliberation to provide funding to the
Veterans of Foreign Wars, Post 10054 to help purchase an ice machine and a
filtering system for the machine.-Cont’d.
—
Commissioner Borasky restated his motion to approve up to $4,000.00 from the general
fund veterans department and that this was a one-time event; Commissioner
Schinhofen restated his second; 5 yeas.
PUBLIC ADMINISTRATOR
30. Quarterly report from the Public Administrator
The report was in the back-up. Robin Dorand-Rudolf, the Public Administrator, pointed
to the number of closed cases on the report.
RECORDER
31. Recorder’s Technology Update
The update was in the back-up. Deborah Beatty, Nye County Recorder, noted it was
the same amount this year as last year since they did not get the project completed last
year. They were going to get everything from 1935 back to 1864 imaged, and it would
be put out to bid once she got Board approval.
JUSTICE(S) OF THE PEACE
32. For Possible Action Discussion and deliberation regarding a request for the
administrative assessments and court facility fees continue to be retained for the
ongoing and exclusive use of the Tonopah Justice Court.
—
Commissioner Wichman made a motion to approve; seconded by Commissioner
Borasky.
Commissioner Carbone asked if the fees collected would be used for the overtime paid
to the officers driving up to Tonopah on non-judicial days and holidays.
Pam Webster advised only one of these funds could possibly be used for that, but she
needed to speak with the Justice of the Peace as Mrs. Webster did not think that was
the intent based on the letter.
Commissioner Carbone felt something was needed to pay for people driving up on a
holiday so she could have court on a non-judicial day. He was inclined to not approve
this.
Mrs. Webster stated this was not set up to cover that, but there was a departmental
budget that could covet it.
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July 19, 2016
32. For Possible Action Discussion and deliberation regarding a request for the
administrative assessments and court facility fees continue to be retained for the
ongoing and exclusive use of the Tonopah Justice Court.-Cont’d.
—
Commissioner Carbone thought a letter needed to be sent to the Justice of the Peace
stating what days she could have court and not on holidays and Sundays like she had
been doing.
The motion to approve passed with 5 yeas.
COUNTY MANAGER
33. Ongoing Project Report
The report was in the back-up.
34. For Possible Action Discussion and deliberation to surplus excess Nye
County property in storage that is no longer in use and/or obsolete.
—
Commissioner Schinhofen made a motion to approve; seconded by Commissioner
Borasky.
Commissioner Wichman said she did not have the list for disposal, just the letter of
request.
Lorina Dellinger believed it was six chairs.
The motion to approve passed with 5 yeas.
35. For Possible Action Discussion and deliberation to ratify the approval given
by Commissioner Carbone for an Interstate lnterlocal Contract between Nye
County and the Department of Health and Human Services, Division of Public and
Behavioral Health to provide medical records management for Nye Regional
Medical Center records.
—
Commissioner Schinhofen made a motion to approve; seconded by Commissioner
Wichman; 5 yeas.
36. For Possible Action Discussion and deliberation regarding any and all
action that might arise from discussions regarding Bill Draft Requests (BDRs) for
Nye County for the 2017 Legislative Session.
—
Commissioner Carbone thought he could get a BDR from an assemblyman for the fire
and ambulance.
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July 19, 2016
36. For Possible Action Discussion and deliberation regarding any and all
action that might arise from discussions regarding Bill Draft Requests (BDRs) for
Nye County for the 2017 Legislative Session.-Cont’d.
—
Pam Webster said that one was to clarify the districting language so the Commissioners
might want to add that.
Commissioner Carbone said the public sales tax was off, the animal services NRS
amendment and payment for custody of dogs were combined, and the fire and
ambulance amendment would be for clarity with the district being added.
Commissioner Wichman believed the NRS allowed the County to combine departments
and suggested looking into the procedures to combine the Public Administrator’s Office
with the District Attorney’s Office. She asked for someone on staff to help her with that.
Mrs. Webster noted it was done in other rural counties and asked if Commissioner
Wichman wanted it done at the culmination of the current term or by next week.
Commissioner Wichman said the procedures were there and the Board could make a
decision to change how it was done.
Mrs. Webster said staff could have the process ready when a replacement for Robin
Dorand-Rudolf was named.
Commissioner Schinhofen stated he still wanted to opt out of unions for communities
less than 100,000, but he did not think he would get anyone at the State levelto carry it.
Mrs. Webster noted the animal services NRS amendment was assigned to
Commissioner Schinhofen and payment for custody of dogs was assigned to
Commissioner Borasky. She asked if that would be a collaborative effort or if one would
take the combined responsibility.
Commissioner Schinhofen said he would take it.
Commissioner Carbone said he had been working on the fire department item so he
would work with whoever else had been working on it.
PLANNINGIBUILDING
37. For Possible Action Discussion and deliberation to approve a draft letter to
the U.S. Bureau of Land Management fBLM) providing Nye County’s preliminary
scoping comments regarding the Basin and Range National Monument.
—
Commissioner Wichman did not like the wording of the recognition of Nye County
RS2477 roads. It said the BLM Ely District Office had never officially recognized Nye
County assertions, but they did not need to recognize it. She thought that could be
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July 19, 2016
37. For Possible Action Discussion and deliberation to approve a draft letter to
the U.S. Bureau of Land Management (BLM) providing Nye County’s preliminary
scoping comments regarding the Basin and Range National Monument.-Cont’d.
—
changed to the BLM Ely District Office had been provided shape files of Nye County’s
assertions, but she wanted to leave in the existence of such roads and continuous use
must be acknowledged.
Commissioner Wichman made a motion to approve with the amendments regarding the
recognition of RS2477 roads that the BLM Ely District Office (EDO) had been provided
shape files of Nye County’s assertions of RS2477 roads over public lands within the
SNDO, and the existence of such roads and their continued use must be
acknowledged; seconded by Commissioner Schinhofen; 5 yeas.
PUBLIC PETITIONER
38. For Possible Action Discussion and deliberation regarding the transfer of
water rights that are under Nye County road dedications in Amargosa Valley.
—
Mike Cottingim, Amargosa Valley Town Administrator, stated there were 17.2 acre feet
of certified water rights under some dedicated roads on the west end of Farm Road
which were currently not being used by the Road Department. The town was asking
that the 17.2 acre feet be dedicated to the town park to better serve the residents of
Amargosa Valley.
Tim Carlo advised those were water rights from 30+ years ago and was the acreage
removed for right-of-way on the farmland. Public Works had not used them and Mr.
Carlo would not have a problem with the point of diversion being put back on the park.
Commissioner Wichman explained it was a clerical thing to change the point of
diversion and there was no reason to come to the Board as Public Works handled it.
She noted there were four water rights held by the County through the Road
Department which were currently feeding the Amargosa cemetery, senior center, park,
clinic, library, ambulance barn, and road maintenance. There was also a Road
Department yard well which fed the community center, library, clinic, ambulance barn
and cemetery.
Mr. Cottingim pointed out the town paid half the cost of the maintenance and repair of
that well.
Commissioner Wichman felt Mr. Cottingim was making it sound like the toad dedication
water rights were taken just for road maintenance, which was not true. She said this
was exactly what the town should be doing, especially if it wanted to expand that park,
but it was just a clerical thing to change an application for a point of use and did not
need to come to the Board of County Commissioners.
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July 19, 2016
38. For Possible Action Discussion and deliberation regarding the transfer of
water rights that are under Nye County road dedications in Amargosa Valley.
Cont’d.
—
Commissioner Wichman made a motion to approve; seconded by Commissioner
Schin hofen.
Pam Webster pointed out the lease for the park was in the County’s name and asked if
it was the intention to get it moved into the town’s name.
Mr. Cottingim said it was. A plan for the expansion and completion of the other 20
acres had been submitted and currently they had 82.5 acre feet of water. They were
using 75 acre feet, so they would need this extra water to develop that plan. BLM
stated about a year and a half ago that once the park was developed to those specs
and they approved it Amargosa could buy the park for $1.00 an acre. Mr. Cottingim
said they would definitely entertain being able to transfer the lease right now since the
town paid all the expenses.
Commissioner Wichman clarified her motion that it was for the change in the point of
use.
Mrs. Webster stressed this was not a transfer of ownership.
Commissioner Carbone knew Ken Plewe had been working with them on this
application and he asked Mr. Carlo for a status on that.
The motion to approve the change in the point of use passed with 5 yeas.
39. For Possible Action Discussion and deliberation regarding a request for a
letter of support from the Board of County Commissioners to gain support for the
passage of Bipartisan bills related to the Radiation Exposure Compensation Act
of 2015 that would amend the original RECA Act to include portions of Clark
County and Mohave County that were omitted under the Act.
—
Commissioner Schinhofen explained the RECA was basically established for
Downwinders and this wanted to expand it to cover further areas. Nye County was
noticeably absent for most of that which bothered him, but he did not think others should
be left out because of that.
Commissioner Schinhofen made a motion to support it with the inclusion of Nye County
in the letter; seconded by Commissioner Carbone; 5 yeas.
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July 19, 2016
40. GENERAL PUBLIC COMMENT (second)
Regarding announcements in the papers, Ammie Nelson stated she had been getting
the Pahrump Valley Times for about a year now and it was getting thinner and thinner
which indicated fewer people were reading it. She felt people would get active if
Channel 46 had a community announcement area where items of public interest could
be placed. She also thought evening schedules were beneficial for not only people who
worked but to the elderly population who had early morning appointments as well.
Commissioner Schinhofen said anyone interested could go to the Web site, click “Notify
Me” at the bottom left and they would get it on their computer.
Commissioner Carbone added they could also pick up the phone and call.
Richard Goldstein asked what happened with the civilian review board established
almost a year ago.
Commissioner Carbone said he would bring Mr. Goldstein up to speed on the Peace
Officer Review Board.
John Bosta thanked the Board for supporting the request for the Town of Amargosa.
Regarding the fire district, he asked if Commissioner Carbone was suggesting a BDR to
change the NRS. When Commissioner Carbone responded yes, Mr. Bosta stated the
town would appreciate assistance as that moved forward.
41. ANNOUNCEMENTS (second)
J.D. Webb, Vice-Chair of the Parks and Recreation Advisory Committee, invited the
Commissioners to their meeting tomorrow night at 6:30 p.m. at the Bob Ruud Center.
Also, Mr. Webb was a participating member of the Shadow Mountain Community
Players and on August 19-20 and 26-27, 2016, as well as September 2-3, 2016, at the
New Hope Fellowship Church they would perform a play called “Murder’s In The Air.”
Doors would open at 5:30 p.m., the show started at 6:30 p.m., and admission was
$1 8.00, which included a meal. All proceeds went to either the church which had the
food bank or to the Senior Center for their Meals on Wheels.
Commissioner Wichman advised that on the next agenda there would be a letter going
to the BLM Ely District Office concerning the basin and range. The deadline on that
was either August 1, 2016 or July 30, 2016. She sent an e-mail to the district manager
and asked for a few more days so it could be heard on August 2, 2016. After
discussions with the State Director it was agreed that extending the public comment
period for three days was in the best interest of all concerned, so it was extended
through the close of business on August 3,2016.
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July 19, 2016
41. ANNOUNCEMENTS (second)-Cont’d.
Sam Merlino spoke about the item in the paper regarding the voter registration issue.
She advised she was aware of it before the primary and had been working with the
State. She assured everyone it would not change the results of the primary election.
Commissioner Carbone announced Valley Electric would have a school supply drive on
July 30, 2016, in front of Smith’s.
Commissioner Cox added they were doing it in front of all three stores now.
42. ADJOURN
Commissioner Carbone adjourned the meeting.
APPROVED this
Of
(L’,uj
ATTEST:
,
2016.
C
Chair
Ny Coty Clerk I Deputy