Minutes - Nye County

Transcription

Page 1
June 21, 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 Beatty, 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
Sheriff Wehrly was present via telephone.
1. Pledge of Allegiance
The Pledge was recited.
2. Approval of the Agenda for June 21, 2016.
Pam Webster stated items 6 and 28 could be removed from the agenda. There would
be a closed session for labor.
Commissioner Carbone asked about items 68-72.
Mrs. Webster thought they were going to be opened and tabled.
Commissioner Schinhofen said to pull them.
Commissioner Carbone added that item 12b would be continued.
Commissioner Wichman made a motion to approve; seconded by Commissioner
Borasky; 5 yeas.
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June21, 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).
Robert Adams, speaking as a member of the Southern Nye County Conservation
District, advised the toad count in Beatty went well and there was talk now about de
listing the toad because they found so many.
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 Pahrump, the
Governing Body of Unincorporated Towns of Beatty, 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 May
17, 2016 and special meeting on May 26, 2016.
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Commissioner Schinhofen made a motion to approve; seconded by Commissioner
Borasky; 5 yeas
SITTING AS THE BOARD OF COUNTY COMMISSIONERS
5. Announcements (first)
Commissioner Wichman advised she registered for the National NACO conference in
July which was why there was an agenda item about it today. She also asked everyone
to bear with her as she got caught up after the election.
Commissioner Schinhofen said the Hydro-Fest went off at the Spring Mountain
Motorsports and he expressed his appreciation to John Morris and all he did.
Additionally, the Independence Day parade was still slated for July 4, 2016, and people
should contact Linda Wright at the VFW to sign up.
Commissioner Borasky said he was a member of a newly formed organization in town,
the American Veterans Foundation of Pahrump. Their goal was to try to catch those
vets that slipped through the cracks with federal agencies due to unusual
circumstances. There would be monthly meetings that Commissioner Borasky would
announce at a later date.
Commissioner Carbone advised there would be a 15 year commemorative ceremony to
signify 9/11 in September. It would involve how many light sticks could be put in the air
and a group of 2,000 was needed to put it in the Guinness Book of Records.
6. For Possible Action
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Emergency Items
This item was removed from the agenda.
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June21, 2016
7. Commissioners’/Manager’s Comments (This item limited to announcements or
topics/issues proposed for future workshopslagendas)
Commissioner Schinhofen said he would be in Washington D.C., July 6-8, 2016, to
testify before the Subcommittee on Energy and Commerce regarding Yucca Mountain.
He then asked Pam Webster how to set up an ad hoc committee for the fairgrounds.
Finally, Commissioner Schinhofen said Senator Goicoechea set a hearing for his water
committee in July so something would be on the July 5, 2016, agenda for the Board to
narrow down some of the ideas it would support.
Darrell Lacy, Planning Director, explained the purpose of that committee was to come
up with legislation for the next session. Since there was an agenda item today to talk
about items for the next session he suggested the Board may want to talk about it at
that time.
Commissioner Borasky mentioned the “Donuts with the District Attorney and Coffee with
the Commissioners” and asked everyone in the community to attend the one coming up
on July 2,2016, at the Bob Ruud Community Center from 10:00 a.m. to 12:00 p.m. in
Room A. Secondly, Commissioner Borasky said knew there had been some problems
with the voting equipment and he was going to push with the Clerk to get the State to
either provide some decent equipment or work with the County Manager to come up
with some funding so the long delays did not happen in the future.
Dave Stephens thought that was the best meeting there had ever been in the town.
Lorina Dellinger advised a teleconference needed to be scheduled for June 30, 2016, at
8:30 a.m., for end of fiscal year augmentations
Commissioner Wichman said she had an item that could be added to that.
TIMED ITEMS
8. 10:00 For Possible Action Continued Public Hearing, discussion and
deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a
nuisance located at 24 Cody Lane, Tonopah, Nevada.
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Commissioner Carbone opened the public hearing.
Commissioner Wichman reminded the Board this matter was delayed last time so the
complainant and property owner could be present if they chose. She had talked with
staff and some individuals had done a visual inspection.
The complainant was present.
The Clerk explained the attempts made to contact the property owner based on the
address available.
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June 21, 2016
nuisance located at 24 Cody Lane, Tonopah, Nevada.-Cont’d.
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Susan Fountain, the complainant, said she lived at 590 Air Force Road in Tonopah and
was present on behalf of her neighborhood and herself. She began by reading a letter
from Darlene Wilson explaining the situation at the property and asking the Board for
help.
Ms. Fountain then stated they were very concerned about health issues, which included
the odor of dog feces as well as rodents hiding in the debris. The debris was also a fire
hazard. There were cats living in the debris and the access door under the house was
open causing more problems. Ms. Fountain’s renters who lived behind the subject
house were having problems with the smell. Also, their 9 year old boy had asthma and
could not play outside due to the odor. Ms. Fountain noted the property was taking
values down in the neighborhood and asked the Board to please not let Ms. Fuchsel get
away with this. She needed to come back from Arizona and clean up her mess or the
County should take it over and get rid of the debris, the smell, and the house that was
not livable.
Ms. Fountain confirmed for Commissioner Wichman the property was unoccupied at
this time.
Commissioner Carbone closed the public hearing.
Since the property owner had been served but had not picked up the notice,
Commissioner Carbone asked the District Attorney if she had any further information on
an address.
Angela Bello indicated they may be able to find it as she knew Ms. Fuchsel had
discussed owning property during the civil hearing on the taking of the dogs. Ms. Bello
added if the Board found a nuisance she was going to need to be served with that,
probably by personal service, as she had due process rights and this was her property.
Ms. Bello said it might just be safer for her to file a complaint in district court for a
nuisance, but she could try to get Ms. Fuchsel served.
Commissioner Wichman said in the years of going through nuisances she had never
run across a situation like this to do something different than what had always been
done. She asked the Clerk if the Board found a public nuisance today if her office
would go through the notification process. Commissioner Wichman also noted that
once the lien was filed on the property and the County abated the nuisance the legal
channel would take place as well.
Sam Merlino said absolutely and added if her office could not find them based on the
information they had they worked with the District Attorney’s investigator to get them
served.
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June 21, 2016
nuisance located at 24 Cody Lane. Tonopah, Nevada.-Cont’d.
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Commissioner Wichman made a motion to adopt Resolution No. 2016-64 finding an
existence of a public nuisance by fostering a breeding ground for unchecked
proliferation of rodents and reptiles living in a densely populated area, therefore it was a
threat to public health, and the conditions were prime for combustibles and a densely
populated area faced the threat to public safety of a fire hazard as well.
Commissioner Wichman also mentioned the vehicles were a separate issue and should
be taken up with the Sheriffs Office as there was an ordinance about how many
vehicles could be parked in one spot.
Commissioner Schinhofen seconded the motion to adopt Resolution No. 2016-64.
Commissioner Ccx advised the lady owned property in Dolan Springs, Arizona.
The motion to adopt Resolution No. 2016-64 finding an existence of a public nuisance
by fostering a breeding ground for unchecked proliferation of rodents and reptiles living
in a densely populated area, therefore it was a threat to public health, and the
conditions were prime for combustibles and a densely populated area faced the threat
to public safety of a fire hazard as well passed with 5 yeas.
Ms. Bello noted there was still the question of who would follow up.
Commissioner Wichman said the Clerk could bring it back when the time lapses.
9. 10:15 For Possible Action Discussion and deliberation regarding a renewal
proposal for Nye County from the Nevada Public Agency Insurance Pool (POOL).
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Ken Eason from the Eason Insurance Agency explained this was the property and
casualty insurance for the County. With him were Wayne Carlson, Director of
POOL/PACT, as well as Carol Ingalls, representing the agency for the Town of
Pahrump. Mr. Eason advised they had some conversations with the County Manager
about possibly combining the County and town into one policy.
Pam Webster explained she looked at options for changing the Nye County deductible
as well as the Town of Pahrump’s from $2,000.00 to $25,000.00 to $50,000.00 as well
as combining the two policies. Based on pros and cons regarding each and the
differences in liability based on the public parks that the town had versus the County, it
was Mrs. Webster’s recommendation to leave things as they were right now and
continue to look at it for any changes. She added it was budgeted at the existing level.
Commissioner Schinhofen made a motion to accept the coverage as recommended and
proposed in the back-up; seconded by Commissioner Wichman; 5 yeas.
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June21, 2016
SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWN OF PAHRUMP
16. 10:15 For Possible Action Discussion and deliberation regarding a renewal
proposal for the Town of Pahrump from the Nevada Public Agency Insurance
Pool (POOL).
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Commissioner Schinhofen made a motion to approve as proposed; seconded by
Commissioner Cox; 5 yeas.
SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Commissioner Borasky assumed the Chair of the Licensing and Liquor Board.
LIQUOR
14. For Possible Action Discussion and deliberation regarding approval of a
Retail Liquor License for The Painted Lady Saloon, Inc., 1330 E. Fifth Street, Suite
B, Pahrump, NV. Jonathan Pappie Applicant.
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Commissioner Carbone made a motion to approve as the paperwork was complete,
fees were paid, and the background checks were complete; seconded by Commissioner
Schinhofen; 6 yeas.
15. For Possible Action Discussion and deliberation regarding a request for a
Change of Licensee for The Nevada Treasure RV Resort, 301 W. Leslie Street,
Pahrump, NV. Robert Bryce Applicant.
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Commissioner Carbone made a motion to approve as all paperwork was completed,
fees were paid, and the background checks were complete; seconded by Commissioner
Schinhofen; 6 yeas.
SHERIFF
42. For Possible Action Discussion and deliberation to issue a Display
Fireworks Event Permit for Zambelli Fireworks to do an Aerial Display for their
annual Fourth of July Event on Monday, July 4, 2016. This event is being held at
Petrack Park at 150 NV-160 in Pahrump, NV. John O’Brien Applicant.
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Wichman.
Pam Webster advised Fire Chief Lewis had not received the complete application
requirements for this permit. She asked for this to be approved contingent upon his
receipt and approval of the required documentation.
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June21, 2016
Fireworks Event Permit for Zambelli Fireworks to do an Aerial Display for their
annual Fourth of July Event on Monday, July 4, 2016. This event is being held at
Petrack Park at 150 NV-160 in Pahrump, NV. John O’Brien —Applicant.-Cont’d.
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Commissioner Schinhofen amended his motion to approve contingent upon receipt of
all documentation for the fire chief; Commissioner Wichman amended her second; 5
yeas.
Fireworks Event Permit for Pyrotecnico to do an Aerial Display on July 2, 2016.
This event is being held at 681 S. Hwy 160 in the desert behind the Nugget Casino
in Pahrump, NV. Threse Palumbo Applicant.
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Commissioner Schinhofen made a motion to approve a display fireworks permit for The
Nugget Casino; seconded by Commissioner Wichman; 5. yeas.
Fireworks Event Permit for Firestorm Pyrotechnics to do an Aerial Display on
July 4, 2016. This event is being held at Front Sight Training Institute at #1 Front
Sight Road in Pahrump, NV. Robert Winokur Applicant.
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Commissioner Schinhofen made a motion to approve a display fireworks permit for
Firestorm Pyrotechnics; seconded by Commissioner Wichman; 5 yeas.
Fireworks Event Permit for the Beatty Volunteer Fire Department to do an Aerial
Display on July 4, 2016. This event is being held at the Cotton Wood Park at the
corner of 3rd Street and Amargosa Street in Beatty, NV. Mike Harmon
Applicant.
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Commissioner Schinhofen made a motion to approve a display fireworks event permit
for the Beafty Fire Department; seconded by Commissioner Wichman; 5 yeas.
46. For Possible Action Discussion and deliberation regarding a renewal of a
WholesalelRetail Fireworks Permit for Vegas of Pahrump Inc. dba Phantom
Fireworks. William Weimer Applicant.
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Wichman; 5 yeas.
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June 21, 2016
47. For Possible Action Discussion and deliberation regarding a renewal of a
WholesalelRetail Fireworks Permit for D & T Imports, Inc., dba Area 51 Fireworks.
Tim McKoy Applicant.
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Commissioner Schinhofen made a motion to approve a fireworks permit for Area 51;
seconded by Commissioner Wichman; 5 yeas.
17. 10:30 For Possible Action Discussion and deliberation to ratify Town
Manager’s termination of Michael Sullivan.
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Commissioner Wichman made a motion to ratify the decision of the Town Manager’s
termination of Michael Sullivan; seconded by Commissioner Schinhofen.
Dave Stephens asked why Mr. Sullivan was let go.
Commissioner Wichman explained the Board could not discuss personnel issues in a
public meeting and Mr. Stephens should speak with Pam Webster alone.
Robert Adams said Mike Sullivan did an excellent job for the town and he disagreed
with him being fired.
The motion to ratify the decision of the Town Manager’s termination of Michael Sullivan
passed with 5 yeas.
18. Presentation of certificate of recognition to Danyelle Ormiston for her
initiative of sharing a Disney clip about Pahrump.
The Board presented a certificate of recognition to Danyelle Ormiston.
COUNTY MANAGER
49. For Possible Action Discussion and deliberation to adopt, amend and adopt,
or reiect Nye County Resolution No. 2016-60: a Resolution providing for the
transfer of the county’s 2016 Private Activity Bond Volume Cap to the Nevada
Rural Housing Authority and other matters related thereto.
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Gary Longaker, Executive Director of the Nevada Rural Housing Authority (NRHA),
explained that in 2006 NRHA implemented its first tax-exempt bond program for first
time homebuyers. NRHA had also shown all the cities and counties how over a ten
year period most of those which had gotten an aflocation had not been able to use it
and it reverted back to the State. Over that ten year period Nye County lost potential
economic activity of about $15 million. Once the allocations were transferred to NRHA
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June 21, 2016
or reject Nye County Resolution No. 2016-60: a Resolution providing for the
transfer of the county’s 2016 Private Activity Bond Volume Cap to the Nevada
Rural Housing Authority and other matters related thereto.-Cont’d.
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starting in 2006, Nye County had transferred approximately $10 million and NRHA had
done approximately $13.5 million in loans.
Pam Webster asked if the bond to be issued for this project would be used in Nye
County and if the project would happen in Nye County.
Mr. Longaker stated this was not a bond. It was a private activity bond cap allocation. If
the County did not make use of the allocation then it simply went back to the State at
the end of August. He added NRHA did four tax-exempt bond issues from 2006-2009
which funded the mortgages, but it was not a bond issued by the County.
Commissioner Carbone asked how much would happen in the County.
Mr. Longaker said NRHA would do more in loans in Nye County than in transfers the
County did.
Commissioner Wichman asked if the NRHA would qualify to apply or leverage with
RNDC to get help with the assisted living facility in Tonopah.
Mr. Longaker advised that may be used at some time, but it could not be used this year.
However, they were looking at using a low-income housing tax credit program for that
facility.
Commissioner Wichman made a motion to adopt; seconded by Commissioner
Schinhofen; 5 yeas.
DISTRICT ATTORNEY
40. For Possible Action Discussion and deliberation to: 1) amend Nye County
Resolution No. 2016-57 creating the PahrumplBeatty Township by changing the
date that the PahrumplBeatty Township will separate from January 1, 2019 to
January 1, 2018, or 2) repealing the Resolution and either appointing an individual
to fill the resulting vacancy or calling for a special election pursuant to NRS
4150.
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Commissioner Wichman noted this was already done once and wondered what inspired
it to be on the agenda again.
Angela Bello reviewed the history of the vacant Pahrump Justice of the Peace position
and how the Board chose to merge the townships of Pahrump and Beatty via resolution.
Since John Bosta raised some concerns regarding the sunset date, Ms. Bello
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June21, 2016
Resolution No. 2016-57 creating the PahrumplBeatty Township by changing the
date that the Pahrump/Beatty Township will separate from January 1, 2019 to
4.150.-Cont’d.
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researched it. She found some cases that were old and not from Nevada which
indicated something could not be put on the ballot for an office in a township that did not
exist yet. Since the township of Beatty and Pahrump would not separate until after the
election, it caused her to think it needed to be reversed and brought back to 2018.
Judge Jasperson told Ms. Bello this morning he disagreed with her analysis and
suggested getting an Attorney General’s opinion. Ms. Bello stated her concern was if
Nevada adopted the reasoning from the other states than the consequences would be
rather large. Her suggestion was to revise itto January, 2018, and appoint for one year
or get an Attorney GeneraL’s opinion that said that did not have to be done.
Commissioner Schinhofen felt there was time to get an Attorney General’s opinion and
bring it back.
Ms. Bello stated she did not realize there would be disagreement and thought the Board
would want to hold a special election, but waiting for an Attorney General’s opinion
would eliminate putting it on the ballot in November.
Commissioner Schinhofen said he was happy with the way it was done and if the date
was an issue there was still time to correct it. He directed the District Attorney to get an
Attorney General’s opinion and if they adopted the other states’ opinions then it could
be changed.
Sam Jones said the way he understood the NRS was the County Commissioners shall
appoint or elect a new person for the office, which meant the Commissioners were
supposed to appoint.
Ms. Bello clarified the Commissioners shall appoint if there was a vacancy, but the
vacancy was eliminated by merging the townships.
Mr. Jones stated there was still a vacancy as this was Pahrump, not Beatty.
John Bosta said the reason he raised the question was the two townships were put
together, but there would be elections in 2018. If the townships were not put back to
two separate ones then an election could not be held to fill the positions and a special
election would be needed in 2019.
Commissioner Wichman said what the Board did was exactly what Mr. Bosta asked
them to do because the sunset clause did what he suggested and it put someone in the
seat on January 1, 2019. Until something different was received from the Attorney
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June 21, 2016
Resolution No. 201 6-57 creating the Pahrump/Beatty Township by changing the
date that the Pahrump/Beatty Township will separate from January 1, 2019 to
4.150.-Cont’d.
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General’s Office this would be on the ballot for 2018 and someone would be elected to
take the seat at the township.
Herman Lewis asked what Judge Jaspersons’s reasons were for saying what he did.
Commissioner Carbone asked Mr. Lewis to speak to Judge Jasperson after the
meeting.
Ms. Bello said it was because there was no law that stated it could not be done and the
opinions were very old. She would discuss it further with Judge Jasperson and draft a
request for an Attorney General’s opinion that addressed both positions.
Commissioner Cox felt this should go to an election or appointment immediately and
said she still supported her original decision to vote against it.
There was no action taken on this item.
TIMED ITEMS-Cont’d.
10. 10:45 For Possible Action Public Hearing, discussion and deliberation to
adopt, amend and adopt, or reiect the Nye County Employee’s Association
Ag tee me nt.
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Commissioner Carbone opened and closed the public hearing.
Commissioner Schinhofen made a motion to adopt; seconded by Commissioner
Borasky; 5 yeas.
Items 30-32 were removed from the agenda at this time.
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June 21, 2016
11. 10:45 For Possible Action Public Hearing, discussion, and deliberation to:
1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-05: A Bill
proposing to amend section 3.52.1 00 of the Nye County Code by aligning the
ordinance with the language in the Nye County Sales and Use Tax Act of 2007;
Removing the three-year sunset provision; providing for the severability,
constitutionality and effective date hereof, and other matters properly relating
thereto; and 2) Set an effective date.
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Commissioner Schinhofen pointed out this would remove the three year sunset
provision.
Commissioner Carbone opened and closed the public hearing.
Commissioner Wichman noted Section 352.100, Expenditures of Funds, was supposed
to be changed to no expenditures of funds would be permitted unless approved by the
governing body of the area to which those proceeds had been allocated for expenditure,
and that was not what she had in her back-up.
Angela Bello advised the back-up was changed yesterday.
Commissioner Schinhofen made a motion to adopt with those changes effective July
11, 2016; seconded by Commissioner Borasky; 5 yeas.
12. 11:00
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For Possible Action:
12a. 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 Medical Marijuana
Establishments.
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Commissioner Schinhofen said item I 2b was a public hearing and made a motion to
continue both 12a and 12b to July 5, 2016.
Commissioner Carbone thought 12a could be accepted.
Commissioner Schinhofen amended his motion to accept I 2a, the business impact
statement, and that it be included in the back-up when the bill was heard; seconded by
Commissioner Wichman.
Commissioner Borasky said on page 8 where it stated 1,000 foot from the property line
he would like to see that moved up to 2,500 feet.
The motion to accept 12a, the business impact statement, and that it be included in the
back-up when the bill was heard passed with 5 yeas.
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June 21, 2016
12b. For Possible Action Continued Public Hearing, discussion, and
deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-04:
A Bill proposing to amend Nye County Code pertaining to Medical Mariluana
Establishments regarding special use permits, hepafilters, sign and surveillance
requirements, fees, renewal procedures and penalties; and providing for the
severability, constitutionality and effective date thereof; and other matters
properly relating thereto; and 2) Set an effective date.
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Commissioner Carbone opened the public hearing.
Commissioner Schinhofen made a motion to continue the public hearing to July 5, 2016;
seconded by Commissioner Cox; 5 yeas.
SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners.
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General road report by Public Works Director
Commissioner Carbone thanked Public Works for some of the work being done on what
he logged into the system and suggested everyone else use the system also. He then
asked for the status of Bell Vista.
Dave Fanning, Public Works Director, said they were working on getting a PWP number
from the Labor Board to start that, but they would be a little behind schedule due to
issues on the County side.
Commissioner Schinhofen asked to be told when the maintenance guys were back.
Tim Carlo from Public Works advised crews were patching Comstock Park, mowers
were in the area of Corbin and Jake, and they would be out in the area of Valiant and
Sisk on Monday.
Commissioner Carbone assumed the Chair of the Board of County Commissioners.
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June 21, 2016
CLERK
39. For Possible Action Discussion and deliberation pursuant to NRS 244.360(5)
to: 1) direct the District Attorney to notify the person responsible for the nuisance
to abate said nuisance as set forth in the complaint received by the County Clerk
on June 7, 2016, regarding APN 036-263-04, 1141 Dyer Road, Pahrump. Nevada
and a) determine and specify a reasonable time for the person to abate said
nuisance and b) direct the District Attorney to bring legal proceedings for
abatement of said nuisance if the notice to the person responsible fails to abate
said nuisance; or, in the alternative 2) pursuant to NRS 244.360(1) and 244.360(2),
direct the Clerk to set a public hearing not less than 30 nor more than 40 days
subsequent to the filing of the complaint.
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Commissioner Schinhofen said he had seen the property and the photographs.
Commissioner Schinhofen made a motion to direct the Clerk to set a public hearing not
less than 30 days nor more than 40 days subsequent to the filing of the complaint and
have this heard as a public nuisance on July 12, 2016, at 8:30 a.m.; seconded by
Darrell Lacy informed the Board that the same group filed code enforcement complaints
and the code enforcement process had started on the same property. He asked the
Board for direction on how they would like to proceed.
Commissioner Wichman asked Mr. Lacy to update the Board on July 12, 2016, asto the
efforts through code enforcement.
The motion to direct the Clerk to set a public hearing not less than 30 days nor more
than 40 days subsequent to the filing of the complaint and have this heard as a public
nuisance on July 12, 2016, at 8:30 a.m. passed with 5 yeas.
36. For Possible Action Discussion and deliberation regarding the status and
progress of the abatement of the nuisance located at 2421 Hacienda Street,
Pahrump, Nevada as determined by the Board of County Commissioners on
February 16, 2016 and as ordered to abate the nuisance as set forth in Nye
County Resolution No. 2016-04, adopted on February 16, 2016; and possible
abatement action.
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Commissioner Wichman stated that the difference between a public nuisance and a
private nuisance was the safety and health concerns of the public in general.
Commissioner Wichman made a motion that with everything behind the fence and
everything looking neat and tidy she believed the nuisance had been abated. If there
were too many cars and someone wished to take issue with that then that could be
brought up with the Sheriff’s Office as that was an ordinance violation, not a nuisance
violation. The ability of children to wander onto the property and have trapping issues
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June 21, 2016
36. For Possible Action Discussion and deliberation regarding the status and
progress of the abatement of the nuisance located at 2421 Hacienda Street,
Pahrump, Nevada-Cont’d.
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had been abated by putting up the fence and the attraction had been removed;
seconded by Commissioner Schinhofen.
Commissioner Schinhofen did not think everything was done that the Board had laid
out, but it would now be a private nuisance.
Commissioner Ccx advised she received two e-mails this morning. One was from the
original complainant who was still not happy with the situation and the other was from
George Bernath who also was not in agreement with what was done. Commissioner
Cox said she would like to hear from the public.
Christopher Badia said he was a long time friend of “J.B.” and for the last three weeks
he had been donating his time to move as many vehicles as they could. Mr. Badia
advised they were still working on the vehicles and by the end of the year they might
have their shop in Primm where most of this stuff was going to go.
Commissioner Ccx said the people who submitted the letters could not be here today
because they had to work, but they did have some concern about the bamboo fence
being blown away by the wind.
Commissioner Wichman said once the safety and health issues were satisfied it then
became a civil matter, which was between the neighbors and the Board did not have to
be involved in that, therefore her motion.
Darrell Lacy said there were multiple violations of County Code here so it might end up
back in front of the Board again.
The property owner assured the Board he would continue with the clean up.
The motion that with everything behind the fence and everything looking neat and tidy
that the nuisance had been abated, and if there were too many cars and someone
wished to take issue with that then that could be brought up with the Sheriff’s Office as
that was an ordinance violation, not a nuisance violation, and the ability of children to
wander onto the properly and have trapping issues had been abated by putting up the
fence and the attraction had been removed passed with 5 yeas.
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June21, 2016
19. For Possible Action Discussion and deliberation regarding a request to
approve the installation of a properly developed lighting system designed for
skating to illuminate the skate park area at the lan Deutch Park.
—
David and Susan Gresham as well as Mike Maye were present.
Mrs. Gresham said the information they submitted was contained in the back-up.
Commissioner Borasky noted staff was recommending a three year period to allow
them to raise sufficient funding to move forward with this. He asked if they thought they
could do it in that time frame.
Mrs. Gresham said they could, but she would like to ask for five.
Commissioner Borasky made a motion to follow staffs recommendation; seconded by
Commissioner Schinhofen.
Commissioner Schinhofen noted part of staff’s recommendation was the lighting must
be in compliance with sport lighting standards. He asked Mr. Maye if he was a lighting
engineer and if he could show the lighting was in compliance with those standards.
Mr. Maye said he could do the necessary homework to make that happen.
Commissioner Schinhofen pointed out they were also not asking for money.
Mr. Gresham said they were only asking for support. However, they may pursue a
community block grant if there was something available for them to do that and they
wanted to have the Board’s support on that.
Angela Bello asked who would own and maintain it.
Mr. Gresham said it would be Parks.
Pam Webster stated they were asking for permission to install on town property, which
meant the town board would own it, maintain it, and pay the electric bill on it. Her
concern was there was a conflicting design done by Valley Electric which met state park
requirements and had a significantly higher price tag. She wanted to make sure that the
design met that compliance and that it was run through the Buildings and Safety
Department to make sure there was compliance with what was going to be inspected.
Then they would know what budget they would need to achieve.
Mr. Maye said he represented WhitCo LLC. He was a staff estimator and his job was to
procure contractors and engineers that work within the Code to get a job done within a
budget. With the Commissioner’s permission and on his own time he would dedicate
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June21, 2016
19. For Possible Action Discussion and deliberation regarding a request to
approve the installation of a properly developed lighting system designed for
skating to illuminate the skate park area at the Ian Deutch Park.-Cont’d.
—
himself to the project and invite contractors to wa’k the site and see what they needed
to make it happen on that level.
Commissioner Borasky pointed out that this would give them three years to raise the
money, but there was no final approval attached to it and a future Board would have to
do that.
Mr. Gresham stated he would prefer to be held to a standard the town board would like
to have and he highly recommended working together with Matt Luis as liaison
representing what had to be done for the parks.
Commissioner Borasky amended his motion to have an update every nine to twelve
months; Commissioner Schinhofen amended his second.
Commissioner Cox asked if anything worked out with the grant applied for earlier in the
year.
Commissioner Carbone said it did not meet the criteria.
Mrs. Gresham added she had been in contact with Savannah and she was in the
process of getting them on board with doing it again.
Mrs. Webster noted there was a second round of CSBG funding coming along.
Matt Luis said the Parks and Recreation Committee approved the project, but it was just
priority of funding, which was why these folks were doing their best to fund the project
on their own.
Christopher Badia suggested going to Clark County to see what they did with Pro Park.
He was also pretty sure the cost of the lighting could be absorbed by donations.
Robert Adams said as a retired electrician that worked on many parks and outdoor
projects he would throw his support and expertise to the project.
The motion to follow staff’s recommendation and have an update every nine to twelve
months passed with 5 yeas.
20. Town of Pahrump Ongoing Project Report
Matt Luis said the design of the bathroom for Kellogg Park had been picked out and
they were working on the water needs. The engineers told him the project would take
about ten months to complete.
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June 21, 2016
21. For Possible Action Discussion and deliberation on approval of the
Fairgrounds concept site plan and project budget.
—
Pam Webster advised the final quote from Valley Electric had been received and staff
wanted direction on moving forward with the design, getting water and power, and just
how far the Commissioners wanted them to go with the available funding.
Commissioner Carbone said his concern was there were a lot of projects that wanted to
go on the fairgrounds and some of them were not located in the right spots according to
the concept.
Commissioner Schinhofen said the fairgrounds property had been in limbo for so long
and he was glad it was being used. He was more than happy to make a motion to
approve and would like to see the power gotten, the well up and running, parking, lights,
and restrooms, and then have it come back.
Matt Luis said that was their goal, but to figure out the size of the bathroom, where the
lighting would go in, and get the dollar figures together they wanted to make sure the
town board was on the same thought plan as they were.
Commissioner Schinhofen asked Mr. Luis to also identify where fireworks would be shot
after this was done.
Commissioner Carbone questioned putting lights up before the layout was known.
Commissioner Schinhofen said only the fenced in area was being talked about now and
overall as a concept he liked it. He agreed that what went on around it needed to be
decided, but power, water and parking lights were needed.
Commissioner Schinhofen made a motion to move forward with the project prioritizing
power, water, and parking lights, and come back with an update by which time hopefully
there would be an ad hoc to tell the Board what would go around it so it could be used,
and approve the budget; seconded by Commissioner Borasky.
Commissioner Cox asked if there would be power to the whole.
Mr. Luis said the lighting would be for the fields, the large snack bar/restrooms in the
middle, the parking lights, the well and the little bathroom by the parking lot. Power
would have to be added for future projects.
Commissioner Cox asked what the irrigation would be done with.
Mr. Luis advised since there was no gray water available at this time the water
engineers were talking well water.
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June21, 2016
21. For Possible Action Discussion and deliberation on approval of the
Fairgrounds concept site plan and project budget.-Cont’d.
—
Regarding the RV boxes, Commissioner Cox suggested using a 50 amp hook-up. She
also wondered if there was any way to bring the cost down on the restroom.
Mr. Luis explained that price came from the restrooms they were looking at for Kellogg
and the plumbing was what made it so costly.
The motion to move forward with the project prioritizing power, water, and parking lights,
and come back with an update by which time hopefully there would be an ad hoc to tell
the Board what would go around it so it could be used, and approve the budget passed
with 5 yeas.
22. For Possible Action Discussion and deliberation on: 1) approval of use of
30 to 60 acres on the Pahrump Fairgrounds for construction of a public
motocross facility (1) 1-mile track for motorcycles over 100cc. (2) 1% mile track
for motorcycles under 100cc, and (3) 1/4 mile track for bicycle motorcross, (4)
additional parking and pit area; and 2) approval to apply for the Nevada
Commission on Off-Highway Vehicles reimbursable grant for the development of
a motocross park.
—
—
Dave Caudle said he was not objecting to a track for young kids to ride bicycles, but he
did not think anyone had talked to any of the neighbors if they wanted a motorcycle
track close to their residence. There was a problem already with the race track with
noise as well as dust and fumes. Mr. Caudle was also concerned about the use of
water on the track and felt the smoke off the fairgrounds during the 4th of July fireworks
was bad enough without adding dust, smoke and noise from motorcycles.
Addressing Mr. Caudle’s concerns, Robert Adams stated they would be the quietest
neighbor there. Typically the maximum would be 104 decibels on the motorcycles, and
the dust had a lot do to with the composition of the track. There would be some
watering required, but it would be kept to a minimum for conservation purposes.
Mr. Adams then presented his plan for the track and said they were asking for a letter of
intent stating the Board’s permission to put the track there for the use of the town. They
were also pursuing a grant through the Nevada Commission on Off-Highway Vehicles.
Mr. Adams explained how the layout was flexible and once built it was simply a matter
of moving dirt. The most permanent part of the facility would be the tortoise fence if
required.
Kevin Mayer described the economic growth the community experienced when the track
in Lake Elsinore, California, was reopened in 1999. Mr. Mayer felt this would improve
Pahrump’s social and economic image and thought it would be a great way to put
Pahrump on the map. Mr. Mayer indicated he had people lined up to assist with
building and maintaining the facility and while he understood the concerns regarding
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June21, 2016
30 to 60 acres on the Pahrurnp Fairgrounds for construction of a public
motocross facility (1) 1-mile track for motorcycles over 100cc, (2) ¼ mile track
for motorcycles under 100cc, and (3) ¼ mile track for bicycle motorcross, (4)
a motocross park.-Cont’d.
—
—
noise and dust, if the youth and people of Pahrump were given a proper place to do this
it would cut down on a lot of anger and issues in Pahrump with kids riding the streets
improperly.
Commissioner Carbone asked if the grant process was being coordinated with staff.
Mr. Adams believed he would have to get the go ahead from the Commission to bring
staff on board. The deadline for submittal was Thursday afternoon, but construction
would not begin until an acknowledgment was received on the grant.
Pam Webster asked who the grant applicant was. When Mr. Adams responded it would
hopefully be the Town of Pahrump, Mrs. Webster explained the Board could not
approve what had not been seen. She pointed out she told Mr. Adams it had to be on
the agenda today to be approved, but it was not in the back-up and neither staff nor the
District Attorney had seen it either. Mrs. Webster asked if there was a match and how
much it was for.
Mr. Adams stated it was around $4,000.00 because of what they were looking at as far
as restrooms and things, but they would not have to provide the road in. He said this
would progress as the fairgrounds progressed and it was simply a letter of intent that
the Board would allow them to do this.
Mrs. Webster said it was more than a letter of intent. Mr. Adams was asking the Board
to submit a grant in the name of the town and that was a commitment to the terms and
conditions in a grant they had not seen, she had not seen, and staff had not seen.
Commissioner Schinhofen said he fully supported this project and thought the Board
could state its support today, but he was not prepared to make a motion on a grant he
had not seen.
Mrs. Webster suggested delegating the authority to her to sign the grant application as
Mr. Adams claimed it was a simple grant consistent with what had been done before.
She could bring it back on the next agenda for ratification.
Commissioner Schinhofen made a motion to have staff work with Mr. Adams, fill out the
grant, Mrs. Webster would review it to make sure it did not have any strange strings to
get it moving forward and she would bring it back at the next meeting for the Board to
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June 21, 2016
motocross facility (1) 1-mile track for motorcycles over 100cc, (2) ¾ mile track
for motorcycles under 100cc, and (3) ¾ mile track for bicycle motorcross, (4)
—
—
ratify, and further asked Mr. Adams and his group to start developing the plans and the
management cost; seconded by Commissioner Wichman.
Christopher Bad Ia from the Way of Life BMX motocross group said he had been
working on this project because he believed it could become a pro national track. He
said he had a private transparent contractor willing to donate the dirt. With a letter of
intent from the Commission he could also bring the plan to several members of the
motocross community.
Dwight Lilly thought there needed to be a master plan for the fairgrounds. Pahrump
was under an Environmental Protection Agency (EPA) dust control mandate. He fully
supported the sport but knew what the conditions were at a motorsport track and to
mitigate the dust there would be a water situation. He also wondered where the money
would come from.
Commissioner Carbone advised an ad hoc team would be put together to review this.
Darrell Lacy stated the EPA dust mandate had expired as the town had met the EPA
non-attainment standards. There was still a dust control ordinance in place and the
intent was to enforce dust control as necessary. However, Mr. Lacy pointed out this
Board had the ability to grant waivers or changes or other things needed as this moved
forward.
Ammie Nelson expressed her concerns with dust and noise and thought a place not so
close to houses would be a better location.
Commissioner Carbone noted there would be a decibel limit and the dirt used was
different.
Linda Hatley said she was in favor of having motocross and any other event like it. She
would like to be on the committee as she would like to see some animal stuff on the
fairgrounds. Ms. Hatley suggested putting the vehicle events toward Highway 160 and
the animals on the other side. She would also like to get rid of the fairgrounds name.
Don Cox supported this for the kids in town as they needed something to do.
David Gresham stated his full support and applauded the Commissioners for wanting to
go along. He also offered his services for the committee.
Page 22
June21, 2016
motocross facility (1) 1-mile track for motorcycles over 100cc, (2)1/4 mile track
for motorcycles under 100cc, and (3)1/4 mile track for bicycle motorcross. (4)
—
—
Kenny Bent wondered how a track could be built with a $4,000.00 grant.
Commissioner Carbone said there were a lot of people contributing for nothing to get it
done.
The motion to have staff work with Mr. Adams, fill out the grant, Mrs. Webster would
review it to make sure it did not have any strange strings to get it moving forward and
she would bring it back at the next meeting for the Board to ratify, and further asked Mr.
Adams and his group to start developing the plans and the management cost passed
with 5 yeas.
23. For Possible Action Discussion and deliberation regarding a review of all
Pahrump Town Ordinances to make recommendations for the elimination or
revision of ordinances which may have outlived their usefulness or practicality.
—
Lorina Dellinger explained staff was looking for direction from the Board as to which
ordinances to keep, which to amend, and which to appeal. She would like to narrow the
list provided by the July 19, 2016, meeting. She did receive information on some
ordinances she had questions on as to whether they were adopted, repealed, or
presented and not passed. Ordinance 14 was repealed so no action was needed on
that one. Ordinance 22 was also repealed as was Ordinance 25, and Ordinance 55
actually failed so it was never in effect. Mrs. Dellinger advised all changes could be
done in one hearing and as she received more updates she would provide those to the
Corn m issioners.
Kenny Bent said when the town was absorbed by the County initially there were several
people who stepped up in to a transition committee to look at these things, including
ordinances. He believed the make-up of that committee were some elected officials,
Public Works and private citizens, and he thought that was something to be looked at
again.
24. For Possible Action Discussion and deliberation regarding a request for
funding in the amount of $10,000 to construct a Trail-head and Dog park to be
located on 9301 S. Homestead Road, APN 45-411-02 Nye County. Owner.
—
—
Commissioner Carbone noted this was the same property as item 75.
Page 23
June21, 2016
located on 9301 S. Homestead Road, APN 45-411-02 Nye County, Owner.
Cont’d.
—
—
Angela Bello explained this item was asking the town to fund it and then the other
agenda item when sitting as the Board of County Commissioners was whether or not
they could use the property.
Linda Hatley reviewed her presentation as provided in the back-up. In summary, the
Pahrump Public Land Advisory Committee (PLAC) was requesting permission to put a
trailhead, a fenced dog park, and barbeque pits at 9301 S. Homestead Road in
Pahrump and asked for $10,000.00 from the Town of Pahrump to build it. While the
location was part of 30 acres pulled from the Treasurer’s trust sale for public purpose by
the Public Works Department for a flood basin, Ms. Hatley advised Dave Fanning
offered use of 4.999 acres.
Commissioner Schinhofen said he supported the project, but he was not in favor of a
dog park or the barbeque pits as that would make it a park which would require
maintenance.
Commissioner Schinhofen made a motion to put in a parking lot and come back for
what it would cost to do a traithead down Homestead past Sheri’s Ranch, tie that in and
see how it worked for the next year or two and then come back with the rest; seconded
by Commissioner Wichman.
Ms. Bello pointed out this was a request for funding.
Commissioner Schinhofen stated he was not saying funding yet. He was asking for an
adjustment/amendment to the plan and have that brought back.
Commissioner Cox felt this could be done in phases, but the fencing was definitely
needed. She also thought the barbeque in the shade would be for the horse people to
use and would not be like a park drawing a bunch of people, which Ms. Hatley
confirmed.
Ammie Nelson said she loved the plan, but she was against substituting the pavement
for gravel because of the tendency of the area to flood which would cause the gravel to
wash away.
Commissioner Carbone suggested Ms. Nelson discuss that with PLAC.
Robert Adams pointed out the east boundary of this parcel was a well used and
established OHV area and building an equestrian trailhead there meant they would be
accepting it as an OHV area.
Page 24
June 21, 2016
located on 9301 S. Homestead Road, APN 45-411-02 Nye County, Owner.
Cont’d.
—
—
At Commissioner Cox’s request, Commissioner Schinhofen restated his motion to come
back with a plan for the parking area and a trailhead down Homestead toward the
lakebed and the cost of that, and in the meantime run it by Matt Luis to see if the town
had to do anything and Dave Fanning would chime in on right-of-way issues; 5 yeas.
PUBLIC PETITIONER
approval to use approximately 4.999 acres of County owned property located at
9301 S. Homestead Road, APN 45-411-02 Nye County, Owner, to construct a
Trail-head and Dog park.
—
—
Commissioner Schinhofen made a motion to allow the County property to be used by
the town for a horse and trail park provided that it met the funding criteria when it came
back as presented; seconded by Commissioner Wichman.
Linda Hatley asked if there was any way they could move this to the next agenda
because she could have it all done by then and was told no.
The motion to allow the County property to be used by the town for a horse and trail
park provided that it met the funding criteria when it came back as presented passed
with 5 yeas.
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.
—
—
Approval of Elected Official Collection Report
Commissioner Schinhofen made a motion to approve items 25-27; seconded by
Commissioner Wichman; 5 yeas.
—
Approval of Assessor’s Office Change Request
Page 25
June21, 2016
27. For Possible Action Approval to set the date and location of the second
meeting of the Board of Commissioners for Tuesday, September 20, 2016 in
Pahrump. Nevada.
—
BOARD OF COMMISSIONERS-Cont’d.
30. 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.
—
31. 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.
32. For Possible Action Discussion and deliberation on labor negotiations,
issues and other personnel matters presented in closed meeting.
—
or reject Nye County Resolution No. 2016-62: A Resolution Expressing Gratitude
to Gerald W. Peterson, D.O., and His Staff for Their Assistance During Nye
County’s Medical Crisis in Tonopah.
—
Schinhofen; 5 yeas.
34. For Possible Action Discussion and deliberation to select a voting member
and a possible alternate for the National Association of Counties election in July
2016.
—
Commissioner Schinhofen made a motion to appoint Lorinda Wichman; seconded by
Commissioner Cox asked about the possible alternate.
Commissioner Wichman explained that was needed only if another Commissioner
intended to go to the conference and she did not believe any other Commissioner had
registered.
Page 26
June21, 2016
34. For Possible Action Discussion and deliberation to select a voting member
and a possible alternate for the National Association of Counties election in July
2016.-Cont’d.
—
The motion to appoint Lorinda Wichman passed with 5 yeas.
35. For Possible Action Discussion and deliberation regarding a request to: 1)
Set a date, time and location for a Public Hearing on Nye County Bill No. 2016-07:
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) Read the title of the Bill into the record.
—
Commissioner Schinhofen made a motion to set the date, time, and location for the
public hearing on July 19, 2016, at 10:45 a.m.; seconded by Commissioner Borasky.
Angela Bello said there were some typographical errors that would need to be
corrected.
Commissioner Schinhofen added that it also mentioned fees so there would need to be
a business impact statement.
The motion to set the date, time, and location for the public hearing on July 19, 2016, at
10:45 a.m., passed with 5 yeas.
Commissioner Schinhofen read the title of the bill into the record.
CLERK-Cont’d.
37. For Possible Action Pursuant to NRS 293.387 (1), Canvass of the returns of
the Primary Election held on June 14, 2016.
—
Commissioner Schinhofen made a motion to accept the canvass of the votes; seconded
by Commissioner Wichman; 5 yeas.
Sam Merlino stated that they did not have any issues, but it was a very poor turnout.
The equipment worked great for as old as it was. The equipment was not failing and
would be used through the November election, after which she would look for funding
for new equipment. Mrs. Merlino explained the issues with tallying the votes on election
night were due to antiquated laptops and IT would look at it and make sure everything
was set for the November election. Mrs. Merlino further explained how the workers tally
the vote on the machines and those were then balanced to the results in the database.
They were right on the money with every vote and nothing was off, although there was a
rumor that there were 1,300 votes not counted. She did not know where that came from
and said she would not leave the office until everything was counted.
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June 21, 2016
37. For Possible Action Pursuant to NRS 293.387 (1), Canvass of the returns of
the Primary Election held on June 14, 2016.-Cont’d.
—
Commissioner Cox advised it was Clark County that had the problem.
Mrs. Merlino said NACO had the information for what the counties needed for new
election equipment. She then explained how voters registered as non-partisans could
only vote for non-partisan offices in the primary because Nevada had a closed primary.
Mrs. Merlino wanted to be sure everyone knew that and that the general election was
different.
ASSESSOR
28. For Possible Action Discussion and deliberation to approve an agreement
with The Sidwell Company for the purchase of GIS Data Migration,
Implementation and Training Services.
—
29. Presentation of projected expenditures of money in the Assessor Technology
Fund.
Sheree Stringer said her presentation was in the back-up and noted most everything
worked with her GIS. There were over 2000 maps that were not in the GIS system that
needed to get on there.
Mrs. Stringer then noted she had been sitting here all day since 10:00 a.m. and
suggested that maybe in the future with very simple stuff like this she could get in and
out.
Commissioner Cox suggested putting them either all first or right after lunch.
Commissioner Wichman suggested putting them all on consent where they belonged.
PUBLIC ADMINISTRATOR
41. Quarterly report from the Public Administrator
The report was in the back-up.
Commissioner Carbone noticed they were bringing in some money and paying their
employees, but it was not very much.
Page 28
June 21, 2016
C LE RK-Cont’d.
38. For Possible Action Discussion and deliberation to appoint one (1) member
to the Pahrump Regional Planning Commission due to one (1) term expiring.
—
Commissioner Borasky said he had talked to the applicant and he did not have a
problem with the oath of office. Commissioner Borasky thought the applicant would be
a good fit for this position.
Commissioner Borasky made a motion to nominate John Buchanan; seconded by
Commissioner Carbone.
Commissioner Cox pointed out that Robert King used to be on there and had reapplied.
The motion to nominate John Buchanan passed with 4 yeas. Commissioner Wichman
voted no.
FINANCE
59. For Possible Action Discussion and deliberation to: 1) extend the period of
performance for Wulfenstein Construction Co., Inc. contract 10-00133 MC800
Cold Mix, from June 29, 2016 to June 30, 2017 and 2) increase the contract
amount by $305,250 for a total contract amount of $1,105,500.
—
—
Schinhofen; 5 yeas.
60. For Possible Action Discussion and deliberation to: 1) extend the period of
performance for Wulfenstein Construction Co., Inc. contract 10-00356 SC800
Cold Mix, from June 30, 2016 through June 30, 2017 and 2) increase the contract
amount by $69,748 for a total contract amount of $139,496.
—
—
Commissioner Schinhofen made a motion to approve 1) and 2); seconded by
COUNTY MANAGER-Cont’d.
50. For Possible Action Discussion and deliberation regarding an Interstate
Interlocal Contract between Nye County and the Division of Public and Behavioral
Health, Community Health Services Program to provide services for nursing,
tuberculosis and sexually transmitted diseases to Nye County.
—
Schinhofen.
Page 29
June 21, 2016
50. For Possible Action Discussion and deliberation regarding an Interstate
Interlocal Contract between Nye County and the Division of Public and Behavioral
Health, Community Health Services Program to provide services for nursing,
tuberculosis and sexually transmitted diseases to Nye County.-Cont’d.
—
Lorina Dellinger pointed out a staff report was added and they would like the contract to
be approved based on the conditions identified. Currently the contract called for two
full-time positions and there was no funding for that for FYI 7. The request was for one
part-time position with no benefits for Pahrump and no position in Tonopah. The State
would share resources according to conversations had. Mrs. Dellinger said they would
also like to ensure that one of the conditions was the services were provided in full
based on the terms in the contract.
Commissioner Wichman amended her motion to reflect the conditions as stated;
Commissioner Schinhofen amended his second.
Pam Webster said it was also contingent on the State’s approval.
Commissioner Wichman amended her motion to include that also; Commissioner
Schinhofen amended his second; 5 yeas.
51. For Possible Action Discussion and deliberation regarding a request to: 1)
Set a date, time and location for a Public Hearing on Nye County Bill No. 2016-06:
A Bill proposing to amend Title 2 of the Nye County Code by adding Chapter 2.86,
Wh istleblower Protection; providing for the severability, constitutionality and
effective date hereof, and other matters properly relating thereto; and 2) Read the
title of the Bill into the record.
—
Commissioner Schinhofen made a motion to set the date, time and location as July 19,
2016, at 10:45 a.m., in Pahrump, Nevada; seconded by Commissioner Wichman; 5
yeas.
Commissioner Schinhofen read the title of the bill into the record.
PUBLIC WORKS
73. For Possible Action Discussion and deliberation to approve a project and its
associated funding for improvements to Gamebird Rd between Winchester Ave
and Barney St between Gamebird Rd and SR 372.
—
Commissioner Schinhofen advised this was heard quite some time ago by the RTC,
who voted funds for it. He asked Dave Fanning what action he was looking for.
Dave Fanning advised he was asking for approval of $800,000.00 from Fund 205, and
then $400,000.00 from another fund of 205, and then the actual SRS so they could get
Gamebird and Barney done.
Page 30
June 21, 2016
73. For Possible Action Discussion and deliberation to approve a prolect and its
associated funding for improvements to Gamebird Rd between Winchester Ave
and Barney St between Gamebird Rd and SR 372.-Cont’d.
—
Commissioner Schinhofen made a motion to approve.
Mr. Fanning confirmed for Angela Bello the project would go out to bid.
The motion to approve was seconded by Commissioner Borasky; 5 yeas.
52. For Possible Action Discussion and deliberation regarding approval of a
lease agreement with the State of Nevada Department of Administration, Public
Works Division on behalf of the Department of Health and Human Services,
Division of Child and Family Services for the County owned facilities located at
No. 2 Frankie Street, Tonopah. Nevada from September 1, 2016 through August
31, 2021.
—
Commissioner Wichman made a motion to approve; seconded by Commissioner Cox; 5
yeas.
53. For Possible Action Discussion and deliberation regarding Bill Draft
Requests (BDRs) Nye County submits for the 2017 Legislative Session.
—
Commissioner Wichman advised the BDR for the hospital district could be removed as
the eight page legislative intent was fine and there was nothing to be changed in that
NRS.
The Commissioners discussed different issues to replace that BDR including the
nuisance law, posting signs at every intersection that showed how far it was to the
nearest water, and the cost of sheltering animals as part of criminal activities.
Commissioner Borasky made a motion to change it to the custody of dogs payment;
seconded by Commissioner Schinhofen; S yeas.
54. For Possible Action Discussion and deliberation to ratify the County
Manager’s selection for Comptroller.
—
Commissioner Wichman made a motion to ratify; seconded by Commissioner
Schinhofen; 5 yeas.
Page 31
June 21, 2016
EMERGENCY MANAGEMENT
56. For Possible Action Discussion and deliberation to approve Nye County
Ambulance billing write offs for two (2) Veteran’s Administration claims.
—
Sch in hofen.
Pam Webster said she was asked to pull this item as they wanted to continue working
on it.
Commissioner Carbone advised he had asked Vance Payne for all the data as to how
many times they had requested payment from the Veterans Administration as he was
taking it up the tree.
57. For Possible Action Discussion and deliberation to allow certain public
members to utilize the Beatty Volunteer Fire Station and Beatty Volunteer
Ambulance Station for resUrecuperation for one night in June, 2016.
—
Borasky; 5 yeas.
48. Ongoing Project Report
The report was in the back-up.
FINANCE-Cont’d.
58. For Possible Action Discussion and deliberation regarding the budget
status for Fiscal Year 2016, budget proiections and possible actions.
—
Pam Webster advised she would like to update this in more detail after the budget
augmentations next week to explain where the year would end up and why the
augmentations were needed to ensure there were no issues.
Page 32
June21, 2016
61. For Possible Action Discussion and deliberation to de-obligate the funding
for the Gabbs Swimming Pool Renovation project awarded by the State of Nevada
Community Development Block Grant (CDBG) Program.
—
Schinhofen.
Pam Webster asked for an amendment to the motion to include de-obligating the
balance after the expenditures were covered.
Commissioner Wichman amended her motion to approve and de-obligate the balance;
Commissioner Schinhofen amended his second; 5 yeas.
H/R AND RISK MANAGEMENT
62. For Possible Action Discussion and deliberation to fill a vacant Secretary II
position #06004-001 in the Department of Emergency Management effective July
1, 2016 due to the employee being promoted to Training Officer effective April 25,
2016.
—
Borasky; 5 yeas.
63. For Possible Action Discussion and deliberation to fill a vacant Justice
Court Assistant position #02005-002 in the Pahrump Justice Court effective July
1, 2016 due to the vacating employee being promoted to Justice Court Data Entry
Clerk effective June 20, 2016.
—
Danelle Shamrell, Human Resources Manager, advised this position was budgeted.
Borasky; 5 yeas.
64. For Possible Action Discussion and deliberation to fill a vacant Dispatcher
position #10022-018 in the Beatty Substation effective July 1, 2016 due to the
employee resigning May 6, 2016.
—
Borasky; 5 yeas.
65. For Possible Action Discussion and deliberation to fill a vacant Detention
Technician position #05003-005 in the Pahrump Detention Facility effective July 1,
2016 due to the employee resigning June 2, 2016.
—
Commissioner Schinhofen asked how much it would cost in overtime if filling these
positions was delayed. He also wondered about the payouts.
Page 33
June21, 2016
2016 due to the employee resigning June 2, 2016.-Cont’d.
—
Danelle Shamrell explained it was budgeted for the next fiscal year and was already
approved. She did not know what it would cost in overtime. There were payouts, but
there was a negative balance because there was not enough time in this fiscal year to
recover fully so it would be an impact on this fiscal year.
Commissioner Schinhofen made a motion to approve; seconded by Commissioner Cox;
5 yeas.
2016 due to the employee resigning June 5, 2016.
—
Commissioner Schinhofen made a motion to approve; seconded by Commissioner Cox.
Commissioner Borasky questioned all the resignations.
Sheriff Wehrly said she would side bar that.
The motion to approve passed with 5 yeas.
PLANNINGIBUILDING
67. For Possible Action Discussion and deliberation to approve a draft letter to
the U.S. Bureau of Land Management (BLM) requesting cooperatinq agency
status in response to the notice of preparation of a Resource Management Plan
(RMP) with an associated Environmental Impact Statement (EIS) for the Basin and
Range National Monument.
—
Commissioner Schinhofen thought it was important to be a cooperating agency since
they stole 400 acres from the County without asking and without consent.
Wichman.
Robert Adams asked if the County was subject to the non-disclosure.
Commissioner Wichman said absolutely, but there was a clause that stated as long as it
adhered to the open meeting laws.
Sheriff Wehrly wondered what direction the Board was going in with the letter.
Commissioner Wichman asked staff to make sure that clause was in the contract.
Page 34
June21, 2016
67. For Possible Action Discussion and deliberation to approve a draft letter to
the U.S. Bureau of Land Management (BLM) requesting cooperating agency
status in response to the notice of preparation of a Resource Management Plan
(RMP) with an associated Environmental Impact Statement (EIS) for the Basin and
Range National Monument.-Cont’d.
—
The motion to approve passed with 5 yeas.
Medical Marijuana Establishment License Annual
Renewal Application MM-2016-000022: Discussion and deliberation on a request
for renewal of a Medical Marijuana Establishment License for a proposed medical
marijuana establishment (cultivation) located at 9680 S. Oakridge Avenue,
Pahrump. CW Nevada, LLC Applicant. Assessor Parcel #44-851-30.
—
—
marijuana establishment (cultivation) located in Amargosa Valley at 950 E. Anvil
Road, Assessor Parcel #019-751-03. Acres Cultivation, LLC Property Owner.
Paris Balaouras Applicant.
—
—
—
marijuana establishment (production) located in Amargosa Valley at 950 E. Anvil
Road, Assessor Parcel #019-751-03. Acres Cultivation, LLC Property Owner.
Paris Balaouras Applicant.
—
—
—
71. For Possible Action Medical Mariluana Establishment License Initial
Application MM-2016-000025: Discussion and deliberation on a request for
issuance of a Medical Marijuana Establishment License (Initial) for a proposed
medical mariiuana establishment (cultivation) located at 6041 S. Hafen Ranch
Road, further described as a portion of Township 21 South, Range 54 East,
Section 15, File #84221, Parcel 1. Nevada Natural Medicines, LLC I Scott Sibley,
Manager Applicant. AP# 045-131-48.
—
—
Page 35
June 21, 2016
72. For Possible Action Medical Marijuana Establishment License Initial
Application MM-2016-000026: Discussion and deliberation on a request for
issuance of a Medical Marijuana Establishment License (Initial) for a proposed
medical marijuana establishment (production) located at 6041 S. Hafen Ranch
Road1 further described as a portion of Township 21 South, Range 54 East,
Section 15, File #84221, Parcel 1. Nevada Natural Medicines, LLC I Scott Sibtey.
Manager Applicant. AP# 045-131-48.
—
—
55. For Possible Action Discussion and deliberation to amend andlor authorize
and clarify the delegation of authority permitting the County Manager to approve,
upon consultation and acceptance by the District Attorney, and execute the
following contracts: contracts associated with normal and routine departmental
purchases within the budget authority granted by the Board of County
Commissioners; agreements associated with personnel matters not associated
with litigation; and settlement agreements for litigation matters handled through
the contract with the Nevada Public Agency Insurance Pool in which the financial
exposure to the County does not exceed the amount of the contractual rate of
retained liability and to negotiate and settle any future litigation-related disputes
where the County’s obligation does not exceed the POOLIPACT’s cap.
—
Commissioner Wichman said she understood the authority given to the County
Manager was to handle all of it up to $50,000.00. She did not believe the County
Manager was required to consult with anyone other than the Board of County
Commissioners who employed her. Commissioner Wichman did not understand where
this was coming from.
Angela Bello advised she had received several inquiries regarding the County
Manager’s authority. She was seeking clarification as to whether that authority included
contracts associated with normal and routine departmental purchases; agreements
associated with personnel matters not associated with litigation; and settlement
agreements for litigation matters handled through the contract with the Nevada Public
Agency Insurance Pool in which the financial exposure to the County did not exceed the
amount of the contractual rate of retained liability and to negotiate and settle any future
litigation-related disputes where the County’s obligation did not exceed POOL/PACT’s
cap.
Commissioner Wichman said she understood departmental purchases to be annual or
related to that specific department for use or services within the purchasing policy
guidelines but included in the budget.
Ms. Bello asked if that would include change orders.
Page 36
June 21, 2016
55. For Possible Action Discussion and deliberation to amend andlor authorize
and clarify the delegation of authority permitting the County Manager to approve,
upon consultation and acceptance by the District Attorney, and execute the
following contracts: contracts associated with normal and routine departmental
purchases within the budget authority granted by the Board of County
Commissioners; agreements associated with personnel matters not associated
with litigation; and settlement agreements for litigation matters handled through
the contract with the Nevada Public Agency Insurance Pool in which the financial
exposure to the County does not exceed the amount of the contractual rate of
retained liability and to negotiate and settle any future litigation-related disputes
where the County’s obligation does not exceed the POOLIPACT’s cap.-Cont’d.
—
Pam Webster said yes, unless it came before the Board for award. Then the
modification had to come back to the Board also.
Commissioner Wichman said she trusted the County Manager that if she wanted the
Commissioners to back up what she was going to do she would bring items forward for
ratification.
Commissioner Schinhofen said he did too.
Commissioner Carbone advised that was not the issue.
Commissioner Wichman asked Mrs. Webster if there was something specific she was
concerned about.
Mrs. Webster said she was concerned about the interpretation of the agenda item that it
was limited to POOL/PACT settlement agreements because it was her understanding
the threshold was the limiting factor.
Commissioner Carbone explained this all went back to when Mrs. Webster was in
Carson City getting ready to sign an issue with Utilities, Inc., where questions came up
as to what Mrs. Webster could sign as there was never a list. He had asked Lorina
Dellinger to have something that said Mrs. Webster could sign these so there were no
more questions about her authorization.
Mrs. Webster stated it was her understanding that it was all settlement agreements up
to $50,000.00 and it was the threshold, not the contract.
Commissioner Schinhofen said he understood it was everything up to $50,000.00, as
did Commissioner Wichman, and anything Mrs. Webster was uncomfortable with she
could bring to the Board.
Commissioner Schinhofen made a motion to clarify what had been done in the past to
approve the County Manager up to $50,000.00 on any action; seconded by
Page 37
June21, 2016
PUBLIC PETITIONER-Cont’d.
74. For Possible Action Discussion and deliberation to appoint four (4)
members to the Nye County Water District CNCWD) Governing due to four (4)
terms expiring.
—
Commissioner Schinhofen made a motion to appoint Joe Westerlund for Area 2; Dennis
GaUdy for Area 4, Position 2; Chad Goins for Area 4, Position 3; and Dave Hall for the
At Large position; seconded by Commissioner Wichman.
Commissioner Borasky stated he had been consistently willing to not put any additional
people on the water board as he did not think it was properly functioning or if it ever
reached its capacity of what everyone thought it would be. He felt the big issue was
Basin 162 and the test of the County was served quite well by the Central Nevada
Regional Water Authority so he would vote no.
Commissioner Cox said she would support Commissioner Borasky. She never thought
this board should be put in place to begin with and felt it was a money monster that was
now growing. Commissioner Cox would like to see it put back in the hands of the
County Commissioners.
Commissioner Wichman thought maybe the right combination of people would make it a
viable water board for the entire County.
The motion to appoint Joe Westerlund for Area 2; Dennis Gaddy for Area 4, Position 2;
Chad Goins for Area 4, Position 3; and Dave Hall for the At Large position failed with 2
yeas. Commissioners Carbone, Borasky and Cox voted no.
76. GENERAL PUBLIC COMMENT (second)
Linda Hatley discussed the dangers of oleanders, which were poisonous if the sap was
ingested. She asked the Board to allow her to put an item on the agenda to stop the
sale of oleanders.
Commissioner Wichman suggested Ms. Hatley take it to the Conservation District or the
community weed management program in southern Nye County.
Dave Caudle thanked the Board for allowing the fireworks for the
his birthday.
4th
of July since it was
Don Cox said Dwight Lilly had infringed up on his First Amendment rights when he cut
Mr. Cox off on the radio and Mr. Lilly should be told to practice what he preaches.
Page 38
June 21, 2016
77. ANNOUNCEMENTS (second)
Commissioner Borasky asked to have the camera in Tonopah panned to the right about
three seats so he could see ‘In God We Trust” on the wall as he had not seen it yet.
78. ADJOURN
Commissioner Carbone adjourned the meeting.
APPROVED this
Of
,2016.
Z
Chair
ATTEST:
C /6
Nye tDoun1, Clerk I Deputy

Minutes - Nye County

Transcription

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