Page 1. December 19, Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye

Transcription

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 Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, 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 the Sheriff s campaign signs. He said he had not filed an ethics complaint yet as he Herman Lewis thanked Tina Trenner for donating to the veterans. He then talked about Wade Hinden thanked everyone involved in getting streetlights for Bell Vista. District Attorney who passed away. Marc Risman asked for a moment of silence for Pete Knight, a former Nye County 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 closed session, which needed to be held before item 9. Tim Sutton said item 5 could be removed from the agenda. There would also be a 2. Approval of the Agenda for (Non-action item) The Pledge was recited. 1. Pledge of Allegiance Angela Bello was not present at this time. Not Present: Sharon Wehrly, Sheriff Savannah Rucker, Comptroller; Samantha Tackett, Administrative Manager; Maria Also Present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk; Ziotek, Chief Deputy District Attorney; Ronni Boskovich, Deputy District Attorney Tim Sutton, County Manager Sandra L. Merlino, Ex-Officio Clerk of the Board Donna Cox, Commissioner Angela Bello, District Attorney John Koenig, Vice Chair Sharon Wehrly, Sheriff Dan Schinhofen, Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Page 1

2 wanted to give the Sheriff the opportunity to address it, but he was going to ask her to make the sign more appropriate if she was really recruiting. 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 page 10 of the November 21, 2017, minutes. Commissioner Cox asked that her comments be inserted verbatim under item 9 on Commissioners, Licensing and Liquor Board, the Governing Body of Unincorporated Town of Pahrump, the Governing Body of the Unincorporated and teleconference on November 30, of Trustees for the Pahrump Pool District regular meeting on November 21, 2017 Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board meeting of the Nye County Board of Commissioners, Board of Highway 4. For Possible Action Discussion and deliberation of the minutes of the joint Angela Bello was present. Sean Fligmore asked to have the item regarding Marsy s Law for Nevada moved up. Dennis Hof was not allowed into the No To Abuse fundraiser. Republican Committee was collecting food for the homeless. She then described how Tina Trenner said For Our Vets would have free clothes this Saturday, and the recommend alternate 3A as that would allow the races to continue through Beatty. He Regarding the TTR expansion, Robert Adams said he hoped the Board would also commented on how Homestead looked like it was going to be three lanes. Kirk left information on the table. a public meeting would be held in Pahrump on January 16, 2018, at the Nugget. Mr. management plan revision. The input period would be open until February 2, 2018, and Lee Kirk from BLM announced they were moving forward with the resource raked him over the coals and crucified him because he owned a brothel. was more honest and sincere and helped with the community, but the Commission upcoming decision to kill thousands of wild horses and burros. She then talked about Priscilla Lane asked everyone to contact their Senators and Congressmen about the how much crookedness was in the town. She said there was a gentleman here who in the minutes and reiterated his request to turn off the laptops and cell phones. could not see what they were receiving. Mr. Bosta submitted a document for inclusion his cell phone during the last meeting, which was a violation of the Open Meeting Law. He asked that each Commissioner turn off their taptops and cell phones as the public John Bosta said he observed Commissioner Schinhofen receiving a text message on Page 2

3 Commissioner Koenig made a motion to approve with the addition of Commissioner Responding to public comments, Commissioner Schinhofen advised the area around Commissioner Cox stated her computer was a tool which she needed for work and Commissioner Schinhofen said on January 19, 2018, he would meet with Ivory Lyles, have an agenda item to discuss what could be done and how so the public knew. Commissioner Koenig wished everyone a Merry Christmas and a Happy New Year. He Commissioner Borasky thought John Bosta had a great idea. He told the County Manager he would like to sponsor an agenda item to prevent all Commissioners from Regarding electronic devices, Commissioner Schinhofen stated his laptop had his asking questions, not from other Commissioners as that was illegal, and he would not when she was at the meeting she used nothing but her agenda and back-up on it. As theirs in a box as well. He wished everyone a Merry Christmas and Happy New Year. far as her phone, she said she would not turn it off in case of an emergency, but she did keeping electronic devices on the dais and requiting members of the public to leave This item was removed from the agenda. possibility of providing services to the whole County, not just Pahrump. He would then Beatty was removed so the races could continue, Homestead Road would be two lanes not use it for any other reason. topicslissues proposed for future workshopslagendas) 5. For Possible Action - Emergency Items SITTING AS THE BOARD OF COUNTY COMMISSIONERS Cox s comments; seconded by Commissioner Wichman; 5 yeas. of Trustees for the Pahrump Pool District regular meeting on November 21, 2017 Commissioners, Licensing and Liquor Board, the Governing Body of Unincorporated Town of Pahrump, the Governing Body of the Unincorporated meeting of the Nye County Board of Commissioners, Board of Highway and teleconference on November 30, Cont d. 4. For Possible Action Discussion and deliberation of the minutes of the joint 6. Commissioners IManager s Comments (This item limited to announcements or with bike lanes, and there would be Open Meeting Law training again next month. Page 3 agenda and back-up on it. While he did get texts occasionally, they were from people Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board shut either one off. the head of the Cooperative Extension, to talk about his funding as well as the then pointed out there was no on/off button on his laptop so he did not know what to do.

4 Commissioner Wichman also wished everyone a Merry Christmas. topicslissues proposed for future workshopslagendas)-cont d. 6. Commissioners /Manaqer s Comments (This item limited to announcements or specifically stated conditionally approve the brothel license renewal for Mabel s LLC 2017, regarding the brothel license renewal for Mabel s. In the action taken it Commissioner Wichman read the Commission meeting summary dated October 3, brothel code. was some confusion on the record as to what the motion was. A motion prior to that made on other brothels was expressly conditional and was to come back to the Board absolute condition or not. She added that automatic revocation was not under the for an update. She suggested playing the video on this one to see whether that was an Angela Bello also believed an order to show cause was appropriate. She said there was going to be revoked it should be done so with a notice and an order to show cause. Marc Risman stated this license had been with this holder six or more years and if it according to County Code Section Commissioner Wichman said she made the renewal of the license contingent upon him Since it was not open it was automatically revoked 60 days after she made that motion being open in 60 days and he said on the record his intention was to open it in 60 days. happened according to the October 3, 2017, meeting. Mrs. Maurizio said he passed all inspections. The 60 days was to see if something Commissioner Schinhofen commented that was past the 60 day deadline. on December 5, Janice Maurizio from the Sheriffs Office advised inspections were done at this brothel the second quarter of FY18. renewal for Mabel s, LLC., Uba Dennis Hors Cathouse located in Crystal, NV for 16. For Possible Action Discussion and deliberation regarding Brothel License BROTHEL Commissioner Borasky assumed the Chair of the Licensing and Liquor Board. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD $ filing fee. Candidates were required to bring in a photo ID plus proof of residence and pay a begin January 2, Beatty, Tonopah and Pahrump justices of the peace were open. Sam Merlino advised that the two week period to file for justice of the peace would Page 4

5 dba Dennis Hof s Cathouse for 60 days wherein the establishment was required to open the second quarter of FYI8.-Cont d. renewal for Mabel s, LLC., dba Dennis Hof s Cathouse located in Crystal, NV for 16. For Possible Action Discussion and deliberation regarding Brothel License give him a chance to work it out. unfair burden to put on him. Mr. Lewis asked the Board to show a little compassion and procedures would be somewhere in the neighborhood of $40,000.00, which was an of the community and to shut him down and make him go through the re-licensing consideration was given to those people. He said Dennis Hof had been a good member Herman Lewis pointed out there was a long history of agreements that had expired and Commissioner Schinhofen restated his motion to have a show cause hearing so the Commissioner Koenig. same things could be said again and the license could be revoked; seconded by Darrell Lacy, Planning Director, said he reviewed this with the Building and Safety building to allow it to open. Department as a complaint was received from the fire protection company about this done, but at the time it was not operating. The only certificate of occupancy was for the bar and they had not been invited to come back and do an inspection on the rest of the business that indicated there were some problems. Mr. Lacy said an inspection was door that said to make arrangements. Mrs. Maurizio said she had not been there, but she understood there was a sign on the no one from the public would be able to go up to the door and see the business was Commissioner Wichman pointed out she had been by there three times since then and open. Mrs. Maurizio said it open on December 6, 2017, the date the inspection was done. Commissioner Wichman asked when it opened. for the two business days they were late in opening the business. although he felt it would be easier and less burdensome on the Board to grant a waiver Mr. Risman suggested the Board follow the recommendation of the District Attorney, him 60 days or it went away. Commissioner Schinhofen made a motion to uphold the action of the Board which gave 60 days. not think anyone misunderstood that as Mr. Hof said on the record he would open it in and become operational or the license would be revoked. Commissioner Wichman did Page 5

6 a small community. John Bosta stated by closing this operation the Board was putting people out of work in the second quarter of FYI 8.-Cont d. renewal for Mabel s, LLC., dba Dennis Hofs Cathouse located in Crystal, NV for 16. For Possible Action Discussion and deliberation regarding Brothel License Commissioner Cox said she would support this as it was approved by the District Pahrump as he was not in the town. also wondered why he was being told he needed to do things that were required in someone to meet with Mr. Lacy to line out what needed to be done. Commissioner Cox Attorney, but if it were up to her she would say give him an extension of time. She had yet to hear Mr. Hof say he would not open the brothel and thought he needed to send Koenig knew this brothel had not been open so there was no one to put out of work. He down and have a discussion with him that was fine. stated he wanted to get through this at the next meeting and if Mr. Hof wanted to sit Commissioner Koenig said he seconded the motion because of the recommendation by the District Attorney and he did not like to see things automatically happen. He also had absolutely no vendetta against Mr. Hof, but this had to come to an end sooner or later. Regarding the concerns about putting people out of work, as far as Commissioner a show cause hearing. concerned the license was not there anyway, but to satisfy legal the motion was to have to the last minute to comply with directives. As far as Commissioner Schinhofen was running for office, Commissioner Schinhofen pointed out Mr. Hof had a history of waiting Speaking directly to the accusation that this was somehow a vendetta because he was issue with individuals who did not follow the Code, including staff. Commissioner Wichman said she had no vendetta against anyone, but she did have an Lilly hoped the Board would see some common sense here and give some reprieve for took the opportunity to have them get a re-approval of the development agreement. Mr. this business owner who was just trying to run a business, make money, employ people kept them from getting going, which was what happened here in a sense, the Board negative move. He noted that in development agreements where circumstances had and pay taxes. Dwight Lilly thought revoking this person s license upon a technicality would be a Oscarson in District 36. He felt this was a personal vendetta to eliminate Mr. Hof s business. him that the Board was going after Mr. Hof because he signed up to run against James Mr. Bosta thought it was totally unfair to put $40, on a person and it was clear to Commissioner Wichman said it had never been open. Page 6

7 Commissioner Borasky asked when the show cause hearing could be scheduled and if the District Attorney would have enough time. the second quarter of FYI 8.-Cont d. renewal for Mabel s, LLC., dba Dennis Hofs Cathouse located in Crystal, NV for 16. For Possible Action Discussion and deliberation regarding Brothel License Koenig; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Commissioner Schinhofen was present. NV for the second quarter of FY18. renewal for Mid Valley Enterprises, LLC., dba Sheri s Ranch located in Pahrump, 14. For Possible Action Discussion and deliberation regarding Brothel License Koenig; 4 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner Commissioner Schinhofen was not present. Pahrump, NV for the second quarter of FY18. renewal for the Western Best, LLC., dba Chicken Ranch Brothel located in 13. For Possible Action Discussion and deliberation regarding Brothel License would have to be on January 16, Mr. Sutton advised there would not be enough time to have it on January 2, 2018, so it the license could be revoked passed with 5 yeas. The motion to have a show cause hearing so the same things could be said again and He warned if anyone got out of control he would ask them to leave the room. Commissioner Borasky reminded everyone when a show cause hearing was held people would address the Chair or the District Attorney and outbursts were not allowed. time, or January 16, 2018, if that was not enough time. Tim Sutton noted the next meeting was January 2, 2018, which should give enough have time to answer that, so it would be a minimum of ten days. Ms. Bello advised the Sheriff would send out a charging document. They would then Page 7

8 Commissioner Schinhofen stated while he was not looking to close this immediately, his the second quarter of FY18. renewal for Cherry Patch, LLC., dba Love Ranch Brothel located in Crystal, NV for 15. For Possible Action Discussion and deliberation regarding Brothel License Wich man; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner E. Road, Pahrump, NV Pursuant to Nye County Code and Including the existing Retail Liquor License at Wings N Things, located at 1301 S. Loop 18. For Possible Action Discussion and deliberation to add Heath Campbell to LIQUOR The Board took a brief recess. Wichman; 5 yeas. Commissioner Koenig made a motion to renew the license; seconded by Commissioner located in Amargosa Valley, NV for the second quarter of FY18. renewal for Area 51 Death Valley Alien Cathouse, LLC., dba Cherry Patch For Possible Action Discussion and deliberation regarding Brothel License voted no. The motion to have a show cause hearing passed with 4 yeas. Commissioner Cox Commissioner Borasky asked to have it held the same day as the other one. Commissioner Schinhofen made a motion to have a show cause hearing; seconded by Commissioner Wichman. Code by having any business on any parcel other than that one. Commissioner the trailers were moved to and hooked up, so he was currently operating outside the that he knew was deficient and in violation of the Code. The listed parcel was number four. Next to that was the County road right-of-way where Schinhofen said he could not in good conscious continue to vote to renew a properly the use of the building or to operate off of the parcel that was listed on the application. properly, besides still having signs up on BLM property that were illegal as they were off motion would be to have a show cause hearing on this. The biggest issue with this his property, was Code Section B. That section stated it was illegal to expand Page 8

9 19. For Possible Action 2101 E. Gamebird Road, Pahrump, NV Mr. Michael Tunis is the Manager. drinking water certificate. Commissioner Schinhofen said he had still not seen a health certificate or a safe of the permanent Liquor License of Vince Neils s Tatuado Wildside. located at Discussion and deliberation to ratify the reinstatement Ms. Ziotek explained that action could be ratified by the Board. Commissioner Schinhofen said that action was illegal. action had to be ratified. Ms. Ziotek pointed out the reinstatement happened on November 17, 2017, so that Commissioner Schinhofen made a motion to ratify the reinstatement as of today. Commissioner Schinhofen withdrew his motion. Commissioner Koenig withdrew his second. reinstatement of the license based on it being suspended. Maria Zlotek recommended that the motion be to ratify the action which was the by Commissioner Koenig. Commissioner Schinhofen made a motion to reinstate the license as of today; seconded second. Commissioner Schinhofen withdrew his motion; Commissioner Koenig withdrew his to reinstate. action taken in the past and asked if Commissioner Schinhofen would restate his motion Commissioner Wichman said she would prefer to not see a motion to ratify an illegal Koenig. Commissioner Schinhofen made a motion to approve; seconded by Commissioner advised the certificates were on the wall. Staff showed Commissioner Schinhofen the certificates he asked for. Mr. McNerny Tunis and staff confirmed. Mike McNerny was present on behalf of Tatuado Wiidside along with General Manager Mike Tunis. Mr. McNerny said he understood all certificates were current, which Mr. Commissioner Borasky advised he went in and talked to the manager who assured him that everything was in order and that would not happen again. Page 9

10 of the permanent Liquor License of Vince Neils s Tatuado Wildside, located at Commissioner Schinhofen withdrew his motion. Cont d. 19. For Possible Action Discussion and deliberation to ratify the reinstatement 2101 E. Gamebird Road, Pahrump, NV Mr. Michael Tunis is the Manager. Ms. Ziotek requested a clean motion of corrective action to ratify the reinstatement. Schinhofen voted no. 20. For Possible Action Discussion and deliberation to ratify the reinstatement by the Nye County Licensing and Liquor Board, Sheriff Wehrly on 11/16117 of the license; seconded by Commissioner Cox. action. Maria Ziotek said the motion was to ratify the action taken. The motion to ratify the reinstatement of the permanent liquor license passed with 4 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP :15 Presentation of plaques to ten (10) employees honored for their years of service to the Town of Pahrump. service: Plaques were presented to the following Town of Pahrump employees for their years of Commissioner Schinhofen assumed the Chair of the Board of County Commissioners. yeas. Commissioner Schinhofen voted no. Commissioner Schinhofen asked if the Board voted in the affirmative then it was okay that it was reopened without the Board s approval. Commissioner Wichman said she would like the motion to state this was a corrective Commissioner Koenig made a motion to ratify the reinstatement of the permanent liquor at 820 East Street, Pahrump, NV emergency suspension of the Privilege Liquor License for Irene s Casino, located the Code then so be it; seconded by Commissioner Borasky; 4 yeas. Commissioner permanent liquor license and if that was seen as a ratification of actions taken outside of Commissioner Wichman restated her motion, as a corrective action, to reinstate the business s license and if the District Attorney wanted to see that as ratifying the decision made without foflowing the Code that was great. Commissioner Wichman made a motion as a corrective action to reinstate this Page 10

11 Page :15 Presentation of plagues to ten (10) employees honored for their years of service to the Town of Pahrump.-Cont d. 10 Years: Alan Bigelow; Jimmy Martinez; Christopher Vanleuven; Melissa Raetz 15 Years: Scott Lewis; Kristen Harelson; Steve Smith; Steven Moody; James Perry; James Monroe SITTING AS THE BOARD OF COUNTY COMMISSIONERS PLANNINGIBUILDING/CODE COMPLIANCE 51. For Possible Action Discussion and deliberation on Parcel Map PM : a request for a parcel map (pursuant to NRS division of land without reversion to acreage) proposing to divide approximately gross acres into four parcels as follows: Parcel I.67 net acres, Parcel 2.22 net acres, Parcel net acres and Parcel 4.34 net acres. Minnie Perchetti. Anthony & Diane Perchetti, Steven and Rita Carpenter Property Owners. Assessor Parcel Numbers , , , & known as the Perchetti Tract located in Tonopah, Nevada, along with the following waivers: 51a. For Possible Action Discussion and deliberation on WV : a request for a waiver of the requirement to provide contour information pursuant to Nye County Code A.6. 51b. For Possible Action Discussion and deliberation on WV : a request for a waiver of the building setbacks for all existing buildings on the subject property. Commissioner Wichman made a motion to approve the parcel map subject to the conditions outlined in the conditions of approval and also to approve both waivers a and b; seconded by Commissioner Koenig; 5 yeas. PUBLIC PETITIONER 54. For Possible Action Discussion and deliberation regarding Nye County Proclamation No. P : A Proclamation in Support of Marsy s Law for Nevada. Commissioner Wichman said she signed on as an endorser for this law and agreed to do this because it protected the victims so they were notified when perpetrators were allowed out on bail or when they were released on parole or probation.

12 Borasky. Commissioner Wichman made a motion to approve; seconded by Commissioner Nevada.-Cont d. Proclamation No. P : A Proclamation in Support of Marsy s Law for 54. For Possible Action Discussion and deliberation regarding Nye County The motion to approve passed with 5 yeas. applied to this item. Mr. Bosta submitted his statement for the record [affachedj. John Bosta asked what the projected tax to the Town of Amargosa would be based on recommended the Board have a hearing in Amargosa Valley on how the area plan an $80 million construction cost; would the Governor s Office of Energy hold a public hearing in Amargosa; and did the Amargosa area plan need to be updated. He Borasky. Commissioner Wichman made a motion to approve; seconded by Commissioner working for several years. They signed a development agreement with the expectation of a tax abatement at the appropriate time. Darrell Lacy explained this was a 100 megawatt project in Amargosa that had been recommendation to the Director of the State of Nevada Governor s Office of Partnership. of $ 80,000,000. Assessor Parcel Number Applicant Sunshine Valley application for Sales and Use Tax Abatement and Property Tax Abatement within photovoltaic power plant in Amargosa Valley with an estimated construction cost 30 days of receipt of the application.this isa proposed 100 MW solar Energy on the Sunshine Valley Solar, LLC tax abatement application. The Nye County Board of County Commissioners must vote to approve or deny the Solar, LLC. Contractor First Solar Electric, LLC. Property Owner DeLee Family 52. For Possible Action Discussion and deliberation to consider and make a PLANNINGIBUILDING/CODE COMPLIANCE 5 yeas. Commissioner Borasky made a motion to approve; seconded by Commissioner Koenig; National Radon Action Month. Proclamation No. P : A Proclamation Recognizing January 2018 as 53. For Possible Action Discussion and deliberation regarding Nye County The motion to approve passed with 5 yeas. Sean Fligmore thanked everyone for their support. Page 12

13 ha. Public Hearing! discussion and deliberation on MP : an TIMED ITEMS :00 For Possible Action: (RDR) to Community Development Area (CDA), on properties located at 20 and 50 E. Basin Avenue! Basin Road Estates! Lots 17 & 18. Assessor Parcel Numbers & Roberta G. Johnson, Jerry Jones and Robyn Johnson Applicant/Agent. Darrell Lacy said this was a project at the corner of Basin and Blagg for a ministorage, Wichman. Mr. Bosta asked if a public hearing had been held to comment on that change as required by the master plan. Mr. Lacy explained this was the public hearing to support the master plan amendment. He added one letter in opposition to this was received and confirmed for Commissioner Koenig that a heating was held at the RPC. buyer and set plans. Henry Neth advised the applicants were going to build the property themselves. Commissioner Cox asked if this was being done for speculation only or if he had a Commissioner Schinhofen advised it was Pahrump s. John Bosta asked which master plan was being amended as it was not stated. Commissioner Borasky amended his motion to approve and that they had to do a merger-resub; seconded by Commissioner Koenig. Commissioner Koenig asked the motion include that they do a merger-resub. Commissioner Borasky made a motion to approve; seconded by Commissioner change. gas station and car wash. Staff supported the master plan amendment and the zone Johnson Jones Property Owners. Henry Neth Applicant/Agent. and 50 E. Basin Avenue, Basin Road Estates, Lots 17 & 18. Assessor Parcel Numbers & Roberta G. Johnson, Jerry Jones and Robyn application for a Zone Change from Neighborhood Commercial (NC) and Rural Homestead 4.5 (RH-4.5) to General Commercial (GC), on properties located at 20 llb. Public Hearing, discussion and deliberation on ZC : an Jones Property Owners. Henry Neth designation on approximately 2.2-acres (gross) from Rural Density Residential application for a Master Plan Amendment to change the land use plan Page 13

14 lib. Public Hearing, discussion and deliberation on ZC Cont d. ha. Public Hearing, discussion and deliberation on MP Cont d :00 For Possible Action:-Cont d. time he did the park. Commissioner Koenig asked if it would be cheaper if he did the skatepark at the same Pahrump that had competitive bids. He added that while only one bid was received that bidder also did two other projects in Matt Luis from Pahrump Buildings and Grounds said the skatepark was yet to come. Commissioner Koenig asked if this was the skatepark or if that was yet to come. for this particular job to let them know there was a bid available. She said they were from Industrial Light. going above and beyond to stir up interest in projects, but only one bid was received on the Web site and in the paper pet NRS. Pahrump electrical vendors were also called In response to Commissioner Cox, Savannah Rucker explained the bid was advertised Deutch Park on Honeysuckle and Dandelion. Commissioner Schinhofen said it used to be called Honeysuckle Park. It was now Ian John Bosta said he did not recognize the location of this park ; seconded by Commissioner Wichman. Commissioner Koenig made a motion to approve, execute the contract and fund from of Pahrump General Fund. of the bid is $410,550.00; 2) Execute the contract; and 3) Fund from Town 25. For Possible Action Discussion and deliberation to: 1) Award Bid Ian Deutch Park Lighting Project to Industrial Light and Power, LLC. The amount SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP The report was in the back-up. Ginger Stumne, Public Administrator, advised she received four new cases this morning :30 Quarterly report from the Public Administrator. The motion to approve and that they had to do a merger-resub passed with 5 yeas. on water. Commissioner Cox said she was concerned with the car wash as the town was so short Page 14

15 Page For Possible Action Discussion and deliberation to: 1) Award Bid lan Deutch Park Lighting Project to Industrial Light and Power, LLC. The amount of the bid is $410,550.00; 2) Execute the contract; and 3) Fund from Town of Pahrump General Fund.-Cont d. Mr. Luis said they did look at that, but since a separate transformer was needed for the skatepark it could not be done. The motion to approve, execute the contract and fund from passed with 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS EMERGENCY MANAGEMENT 45. Presentation regarding the Tonopah Ambulance Service status. Vance Payne, Emergency Management Director, said things were pretty much as they were the last time he spoke. Coverage in Tonopah would be extremely weak during the week of Christmas as well as the entire month of January. Finances for the ambulance service continued to be weak as well. Commissioner Borasky asked Mr. Payne if he had talked to the Governor s office about some support on this and the issue of not having better hospital care in Tonopah. Mr. Payne said he had not, but he knew the Governor was aware of the situation. Commissioner Wichman said she had staff look into redirecting some of the money from the fuel tax to help support the local EMS, but that could not be done without changing the law. Mr. Payne told Commissioner Borasky that the State EMS licensed and monitored the local EMS. They would offer help if the County knew what its end game would be. The State EMS could also help negotiate contact with other agencies that were licensed in the State that may or may not have an ability to assist Nye County. HIR AND RISK MANAGEMENT 50. For Possible Action Discussion and deliberation to fill a vacant Deputy Chief Treasurer Position, # in the Treasurer s Office effective April 30, 2018 due to the employee retiring effective December 29, Commissioner Koenig made a motion to fill the deputy chief treasurer position # in the Treasurer s Office effective immediately; seconded by Commissioner Borasky; 5 yeas.

16 Page 16 BOARD OF COMMISSIONERS 35. For Possible Action Closure of meeting, pursuant to NRS for purposes of conferring with the County s management representatives regarding labor negotiations, issues and other personnel matters. Commissioner Koenig made a motion to go to closed session; seconded by Commissioner Borasky; 5 yeas. 36. Closed meeting, pursuant to NRS for purposes of conferring with the County s management representatives regarding labor negotiations, issues and other personnel matters. The Board was in a closed meeting. 37. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. There was no action taken. The Board was in recess until 1:30 p.m. Commissioners Borasky and Cox were not present. TIMED ITEMS 9. 10:45 For Possible Action Public Hearing, discussion and deliberation to approve changes to the Nye County Employee Association Agreement (NCEA) Article 32 Wages. Commissioner Wichman made a motion to approve; seconded by Commissioner Koenig. Commissioner Schinhofen opened and closed the public hearing. The motion to approve passed with 3 yeas.

17 Commissioner Borasky was present. Petrack Park, 150 Nevada Highway 160, Pahrump, Nevada. for the Pahrump Balloon Festival event to be held on February 22-25, 2018, at issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce 8 10:45 For Possible Action Public Hearing, discussion and deliberation to there once in a while or something to address the speeding and dust issues on asked Mr. Dahl to address those. including the ones on Kellogg from the gas station east that seemed to be growing. He Commissioner Borasky asked Mr. Dahl to either ask the Sheriff s Department to go by Homestead. He had also received complaints about overwatering and potholes, the exception of some dust control and maintaining any situations that arose on the surface. seen for the future, although there would not be much activity through the holidays with Tim Dahl from Public Works discussed the Homestead project. There were no delays 12. 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 The motion to adopt with an effective date of January 8, 2018, passed with 4 yeas. Commissioner Schinhofen opened and closed the public hearing. with an effective date of January 8, Commissioner Wichman made a motion to adopt; seconded by Commissioner Koenig ; providing for the severability, constitutionality and effective date County Property For Sale or Lease by bringing it into conformity with NRS hereof; and other matters properly relating thereto; and 2) Set and effective date. proposing to amend Nye County Code Title 3, Chapter 344 entitled Appraisal of 1) Adopt, amend and adopt, or reject Nye County Bill No : a Bill :45 For Possible Action Public Hearing, discussion and deliberation to: for the balloon festival passed with 4 yeas. The motion to issue an outdoor festival license to the Pahrump Chamber of Commerce Commissioner Schinhofen opened and closed the public hearing. Wichman. Commissioner Koenig made a motion to issue an outdoor festival license to the Pahrump Chamber of Commerce for the balloon festival; seconded by Commissioner Page 17

18 coming into Nye County. Commissioner Wichman asked how long it would take to get signs up on the highways 12. General road report by Public Works Director-Cont d. Commissioner Schinhofen assumed the Chair of the Board of County Commissioners. right-of-way through Mount Moriah Cemetery. Commissioner Wichman asked Mr. Dahi to please follow up with her on the NV Energy Manse. Commissioner Schinhofen reminded Mr. Dahi of the bamboo on Homestead and asked Mr. DahI to address those. big mesquite bush growing out in the right-of-way close enough to scratch cars. She Ann and Thousandaire was turned sideways, and on Twilight near Falcon there was a Commissioner Cox advised the red light on top of the stop sign at the corner of Vicki Mr. Dahi said no, but they could put it on the future plans. Commissioner Cox said the corner of Dandelion and Unicorn was getting worse by the day and asked if there were any plans for that. Harris Farm Road done. Commissioner Koenig asked when the crack filling started to please be sure to get Mr. Dahi said it was a 90 day contract. Homestead. Commissioner Koenig asked what the completion date in the contract was for Commissioner Wichman asked Mr. Dahi to offer her assistance to the engineer. would be up to NDOT. engineer in the Tonopah area, who asked for an exhibit. After Mr. Dahi provided that it County would recommend for placement. He said he had been in contact with the Mr. Dahi said that depended on N DOT s interpretation of the signs and the locations the Page 18

19 Pahrump Valley Rough Riders. waive Pahrump arena use fees for ten (10) days for the non-profit community club 22. For Possible Action Discussion and deliberation regarding a request to SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP and Richard Goldstein; seconded by Commissioner Cox; 5 yeas. Commissioner Koenig made a motion to appoint Terry Janke, Dma Williamson-Erdag, expiring terms. members to the Pahrump Veterans Memorial Advisory Committee due to three (3) 27. For Possible Action Discussion and deliberation to appoint three (3) The motion to authorize the Nye County District Attorney to pursue legal action for the recovery of monies owed by Wecom, Inc., passed with 5 yeas. Commissioner Cox wondered about the cost of litigation versus the amount owed. district court which started at $12, or above. Maria Zlotek advised the calculations at this point would put any potential lawsuit in Commissioner Cox asked how much was owed. Commissioner Koenig made a motion to authorize the Nye County District Attorney to pursue legal action for the recovery of monies owed by Wecom, Inc.; seconded by Commissioner Borasky. by Wecom, Inc. for the use of the Town of Pahrump s telecommunication tower. County District Attorney to pursue legal action for the recovery of monies owed 26. For Possible Action Discussion and deliberation to authorize the Nye There were none. 24. Committee Reports Borasky; 5 yeas. Commissioner Koenig made a motion to waive the arena use fees for seven days for the non-profit community club Nevada West Heritage; seconded by Commissioner waive Pahrump arena use fees for seven (7) days for the non-profit community club Nevada Western Heritage. 23. For Possible Action Discussion and deliberation regarding a request to non-profit community club Pahrump Valley Rough Riders; seconded by Commissioner Borasky; 5 yeas. Commissioner Koenig made a motion to waive the arena use fees for ten days for the Page 19

20 Commissioner Borasky made a motion to appoint Ambrose Kroetsch; seconded by Commissioner Koenig; 5 yeas. member to the Pahrump Tourism Advisory Committee due to one (1) vacancy. 28. For Possible Action Discussion and deliberation to appoint one (1) alternate by Commissioner Borasky; 5 yeas. Commissioner Koenig made a motion to approve the consent agenda items; seconded 33. For Possible Action Approval of Elected Official Collection Report. a decision is made. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. Discussion of any item from the Consent Agenda Items that needs review before segment of the agenda should issues arise that need to be addressed. The Board reserves the right to move any consent agenda item to the regular SITTING AS THE BOARD OF COUNTY COMMISSIONERS seconded by Commissioner Borasky; 5 yeas. Commissioner Koenig made a motion to appoint Tim Sutton as town manager; the Pahrump Town Manager. 32. For Possible Action Discussion and deliberation to appoint Tim Sutton as seconded by Commissioner Koenig; 5 yeas. Commissioner Cox made a motion to appoint Frey Scot Tibbits and Steven Chase; to the Pahrump Arena Advisory Committee due to two (2) expiring terms. 31. For Possible Action Discussion and deliberation to appoint two (2) members by Commissioner Koenig; 4 yeas. Commissioner Schinhofen voted no. Commissioner Ccx made a motion to appoint Bob Adams and Rick Tretter; seconded to the Pahrump Public Lands Advisory Committee due to two (2) expiring terms. 30. For Possible Action Discussion and deliberation to appoint two (2) members Koenig; 5 yes. Commissioner Borasky made a motion to appoint David Harris, Jaydee Webb, Gary Thompson, Helen Schneider, and Kathleen Nancy Roth; seconded by Commissioner to the Parks and Recreation Advisory Committee due to five (5) expiring terms. 29. For Possible Action Discussion and deliberation to appoint five (5) members Page 20

21 by Commissioner Borasky; 5 yeas. Commissioner Koenig made a motion to approve the consent agenda items; seconded Nevada. meeting of the Board of Commissioners for Tuesday. March 20, 2018 in Pahrump, 34. For Possible Action Approval to set the date and location of the second Commissioner Koenig said it was and he saw it in the paper twice. Commissioner Cox said she did not see it advertised. Commissioner Koenig made a motion to appoint to the Peace Officer Advisory Review Commissioner Wichman. Board Thomas Mazzola, Kent B. Mosdale, Donald Rust and Ben Zamora; seconded by and deliberation to reappoint four (4) members to the Peace Officer Advisory Review Board due to four (4) expiring terms. 41. For Possible Action Borasky; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner records disposition. between Nye County and Shelley Krohn for the purpose of Nye Regional medical 40. For Possible Action Discussion and deliberation regarding an agreement yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner Cox; 5 Health (DPBH) for the purpose of DPBH to provide funding for medical records Amendment to the Interstate Interlocal Contract between Nye County and the Department of Health and Human Services, Division of Public and Behavioral 39. For Possible Action COUNTY MANAGER Board; seconded by Commissioner Borasky; 5 yeas. Commissioner Koenig made a motion to appoint Trevor B. Dolby to the Amargosa Town to the Amargosa Valley Town Board due to one (1) resignation. 38. For Possible Action Discussion Discussion Discussion and deliberation for approval of an management for Nye Regional Medical Center records. and deliberation to appoint one (1) member CLERK Page 21

22 Kent B. Mosdale, Donald Rust and Ben Zamora passed with 5 yeas. The motion to appoint to the Peace Officer Advisory Review Board Thomas Mazzola, terms.-cont d. members to the Peace Officer Advisory Review Board due to four (4) expiring 41. For Possible Action Discussion and deliberation to reappoint four (4) Koenig; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner parcel APN owned by Nye County. Lease a utility easement for the benefit of APN on all or part of vacant 44. For Possible Action Discussion and deliberation regarding a request to The motion to adopt passed with 5 yeas. Commissioner Wichman advised Mr. Bosta to take it to his town board so they could make recommendations to the Board of County Commissioners to update the document. required five year update. Tim Sutton explained the original document went back to 2012 and this was the thought some of the comments about Amargosa Valley needed to be updated. John Bosta said he noticed the document in the back-up was a very old draft and Commissioner Wichman made a motion to adopt; seconded by Commissioner Borasky. Administration. Comprehensive Economic Development Strategy (CEDS); and 2) submit the adopt or reject Nye County Resolution No : a Resolution Adopting the 43. For Possible Action Discussion and deliberation to 1) adopt, amend and CEDS to the U.S. Department of Commerce, Economic Development Commissioner Wichman made a motion to maintain what they got in July; seconded by Commissioner Borasky; 5 yeas. current salary. Danelle Shamrell, Human Resources Manager, advised they would like to maintain their the ensuing term. compensation of the justices of the peace within their respective townships for 42. For Possible Action Discussion and deliberation to fix the minimum Page 22

23 November 2017 for Nye County Fiscal Year 2018 budget projections. 46. For Possible Action Presentation regarding the budget status through FINANCE the augment to that department because of something outside of its control. authority to fill the positions before seeing out the accruals that would be an increase to Savannah Rucker said it was. She explained when the Board gave the Sheriff the in the budget. resigning resulting in the County re-training others. He asked if that was being tracked Commissioner Borasky commented that there seemed to be an awful lot of people the Sheriff s Office effective December 23, 2017; seconded by Commissioner Cox. Commissioner Koenig made a motion to fill the vacant detention technician position in 2017 due to the employee resigning effective December 14, Technician Position, # in the Sheriffs Office effective December 23, 49. For Possible Action Discussion and deliberation to fill a vacant Detention Justice Court effective immediately; seconded by Commissioner Cox; 5 yeas. Commissioner Koenig made a motion to fill the vacant bailiff position in the Pahrump the employee being terminated on November 20, Position, # in the Pahrump Justice Court effective immediately due to 48. For Possible Action Discussion and deliberation to fill a vacant Bailiff HIR AND RISK MANAGEMENT Borasky; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner Foreclosure Mediation SB490 Services Fund. or reject Nye County Resolution No : a Resolution to Create the 47. For Possible Action Discussion and deliberation to adopt, amend and adopt, would speak at the next meeting. explanations for all of the overages, but one department that was concerning her was the Sheriffs Office. She asked the Sheriff to have a representative from her department come today, but unfortunately the Sheriff and Lieutenant Boruchowitz were very ill and Ms. Rucker then discussed the departmental budget status report. She had projections on how she thought the year would end. Mrs. Rucket anticipated having enough data from FY18 to provide preliminary Revenue collections at this point were in excess of the FYI 7 levels. By January Savannah Rucker reviewed the budget to actual revenue report through November 30, Page 23

24 December 23, 2017 passed with 5 yeas. The motion to fill the vacant detention technician position in the Sheriff s Office effective 2017 due to the employee resigning effective December 14, Cont d. Technician Position, # in the Sheriff s Office effective December 23, 49. For Possible Action Discussion and deliberation to fill a vacant Detention air Nye Cou1ty Clerk / Deputy Of,2012. APPROVED this ATTEST: Commissioner Schinhofen adjourned the meeting. 56. ADJOURN Happy New Year. John Bosta wished the Commissioners and County staff a Merry Christmas and a Dave Stephens did not think the Commissioners were making things tough enough for Dennis Hof. 55. GENERAL PUBLIC COMMENT (second) Commissioner Wichman asked for those rates, specifically in the Sheriffs Office. could tell the turnover in a specific department. Mrs. Shamrell said it was done annually at the beginning of the fiscal year, but she departments. Commissioner Wichman asked Danelle Shamrell if she tracked turnover rates within topicslissues proposed for future workshopslaqendas)-reopened. 6. Commissioners IManager s Comments (This item limited to announcements or Page 24

25 L2Jqt(1 I downloaded the last B0CC meeting. You can see Dan receives a cell phone text while Donna is speaking on Item No. 3. He did not inform the Public that he received a text and he did not provide the subject of the text. During a telecomference meeting I believe this is an Open Meeting Violation. Page 34, 4.05 Telephone conferences/video conferences. Nothing in the Open Meeting Law prohibits a quorum of the members of a public body from deliberating toward a decision or taking action on public business via a telephone conference call or video conference in which they simultaneously are linked to one another telephonically. However, since this is a meeting, the notice requirements of the Open Meeting Law must be complied with, and the public must have an opportunity to listen to the discussions and votes by all the members through a speaker phone or video conference equipment. This may be accomplished by including in the meeting notice the location and address of a place where members of the public may appear and listen to the meeting discussion over a telephone speaker device or other electronic media. See Del Papa v. Board of Regents, 114 Nev. 388, 956 P.2d 770 (1998) for a discussion regarding the applicability of the Open Meeting Law to a public body s use of telephones, fax machines, and other electronic devices to deliberate and/or take action. Although a telephone conference may be a lawful method of conducting the public s business, it never should be used as a subterfuge to avoid compliance with the Open Meeting Law and its stated intent the actions of public bodies are to be taken openly and their deliberations conducted openly. NRS (4). And Page Electronic polling NRS (4) specifically provides electronic communications must not be used to circumvent the spirit or letter of the Open Meeting Law in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction, or advisory powers. This applies to telephone polls (unless done as a part of an open meeting as discussed above) and to polls by facsimile or . It is my opinion that all electronic devices, lap tops and cell phone must be turned off by the BoCC members during the meeting pursuant to the following. statute that that

26 meeting are secretive because members of the public are Text messages sent to council members during an open collective concurrence violates the Brown Act (4th) (July 16, 2013) Here s another example of a (FOIA) request for personal texts, City of Champaign v. Madigan, --- Amendments OML_44_ppt-training-slide; slide 36; Privacy Request specifically applied to both city issued and personal 2014 NEVADA S OPEN MEETING LAW; 2014 Legislative Champaign seeking All electronic communications, including Twitter accounts. N.E. 2d ---, 2013 IL App. cell phone text messages, sent and received by members of cell phones, and city issued or personal addresses and the city council and the mayor during city council meetings. A reporter for newspaper filed a FOIA request with City of vs. public records and twitter records: under section 9.5 of the Act by requesting a binding opinion request for attorney fees, since defendants pursued their claim than a court action under section 11 of the Act, and section functioning as a public body are subject to the Freedom of pertaining to public business while the council members are Information Act (FOIA) and defendant newspaper reporter was 9.5 does not provide for an award of attorney fees. entitled to have such communications disclosed pursuant to council meetings from members of the council and the mayor his request, but the trial court erred in granting defendants Electronic communications sent and received during city from the Attorney General s Public Access Counselor, rather Champaign v. Madigan, 2013 IL App (4th) : July 16, 2013 Illinois Official Reports-Appellate Court; City of relate to the deliberations at hand, then the board or council include a majority of the board or council members and If a group text message or a series of text messages not privy to the content of the text message has violated the Brown Act A series of cell phone text messages that lead to a California s Brown Act is the Open Meeting Law. Text Messages:

27 1-1 Jicdir This is a proposed 100 MW solar photovoltaic power plant in Amargosa Valley with an estimated construction cost of $80,000,000. Assessor Parcel Number Applicant Sunshine Valley Solar, LLC. Contractor First Solar Electric, LLC. Property Owner DeLee Family Partnership 1. What is the projected tax revenue for the Town of Amargosa Valley based upon $80,000,000? Discussion and deliberation to make a recommendation and allow the County Manager or designee to provide a letter and by testimony for a public hearing by the State of Nevada Governor s Office of Energy. This hearing by the Office of Energy will approve or deny the partial tax abatement as provided in NRS 701A. 2. Will This public hearing be held in Amargosa Valley? The County will proceed with review and a possible amendment(s) to the Amargosa Valley Area Plan beginning in January, 2014 to be completed over the course of six (6) months. 3. Is the Ama rgosa Town Board required to update the area plan and have the B0CC approve the plan and incorporate the plan into the Nye County Comprehensive Plan as required in the Development Agreement? Item 52 question by John Bosta Page 1