January 21, 2014

Mrs. Bromell

stated she had not had a reply as to whether that ever happened. Priscilla Lane thanked Commissioner Cox for her help in getting the word out about wild horses being captured and put in holding facilities and slaughterhouses. She advised a bill was signed banning slaughterhouses in the United States, which was only good for one year. She encouraged everyone to call their government officials and ask them to support the SAFE Act Bill. Yvonne Smith expressed concerns with the animal shelter in Pahrump as it was out of date and unsanitary. She would also like to see a temporary six or seven year mandatory spay and neuter in the future to reduce the number of euthanizations. She suggested getting veterinarians involved as well as having a clinic once a month. January21, 2014 TIMED ITEMS

Commissioner Wichman

said she attended the sage grouse meeting, which was held with the intent of reviewing a bill draft proposing to use WSAs and roadless inventories for sage grouse habitat management. She expressed her concerns with the amount of the State’s WSAs and roadless inventories that were located in Nye County. On Thursday she attended a meeting with four other counties affected by the ELM’s Battle Mountain District resource management plan revision. On Friday she would attend the NACO Board, Public Lands Committee and the AB227 task force meetings in Carson City. They would install officers and she would take her place as President-Elect of NACO. Commissioner Wichman stated there was a commitment to increasing the involvement with the Nevada League of Cities and Municipalities and holding more joint meetings.

Commissioner Borasky

said he also went to Winnemucca on Wednesday for the sage grouse meeting. A couple of gentlemen spoke under public comment and indicated the problem with the sage grouse was not to list it but to increase grazing and decrease the raven population. That would solve the problem so the federal government would not have to spend millions of dollars to list the bird. On Friday Commissioner Borasky sat in on part of a quad-state meeting and asked them to look at the possibility of doing something to cut down the raven population which would offset the need for continually requiring tortoise permits and issues like that along with herding the predator on the sage grouse. Also on Friday he attended part of the CNRWA meeting and there was an item on the agenda today to discuss supporting them. 6. For Possible Action - Emergency Items This item was removed from the agenda. January21, 2014 7. Commissioner&!Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)

Commissioner Cox

asked if the Board could make a directive to move forward and put some pressure on the highway department to make shoulders on Highway 160 due to the number of accidents. She asked anyone who had any ideas to bring them forward. Pam Webster advised at the last meeting with NDOT it was brought to their attention and they drove out to look at it. They had some emergency money they were hoping to free up, but she had not heard back on that. She would inquire again.

Commissioner Borasky

stated he had received many thanks from residents near the intersection of Calvada and Blagg about the stop sign. He had also received quite a few comments on how well Public Works did building the pad.

Commissioner Schinhofen

said he was in Washington, D.C. last week and attended meetings on the PILl payments (Payment in Lieu of Taxes). All of the states in the west were trying to get those and were sure they could get it through and make it permanent for five years.

Mrs. Webster

wondered when the last time in history was that they did not pay anything on PILT.

Commissioner Wichman

was not aware of any time where they did not pay something. She said staff needed to look at a legislative bill passed several years ago making it possible to create road districts so the SRS funds received went directly to the district instead of being passed through Nye County as when it was passed through it reduced the PILT funding dollar for dollar. She believed the legislation sunsetted and if it did she would like to bring it back before the Legislature in 2015 to get it reinstated. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Road Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beattv, Belmont, Gabbs, Manhattan and Railroad Valley meetings for November 19, 2013 and December 3, 2013.

Commissioner Wichman

said she meant KNPR out of Reno, not Bishop, as indicated on page 10 of the December 3, 2013, minutes. She also clarified her statement on that page that the Reno repeater was lost at the intersection of 376 and Tocema Ranch Road and she had to change to the Smoky Valley repeater.

Commissioner Cox

noted on page 901 the November 19, 2013, minutes that Wayne Kohbarger should be William Kohbarger and Lance Saunders should be Cles Saunders.

Commissioner Borasky

made a motion to approve with the corrections as stated; seconded by Commissioner Carbone. January21, 2014 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Road Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan and Railroad Valley meetings for November 19, 2013 and December 3, 2013.-Cont’d.

Commissioner Carbone

asked if there was a way to avoid having more than one set of minutes on an agenda. Sam Merlino explained they were put on as they were done, but her office could put only one meeting on for approval at a time if that was preferred.

Commissioner Carbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Nye County Resolutions RC2O1 3-461 through RC2OI 3-500; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Borasky

asked Mr. Fanning to have someone look at the asphalt issue on Homestead Road between Gamebird and Kellogg.

Commissioner Schinhofen

made a motion based on staff recommendation to set a date, time and location of February 18, 2014, at 10:15 a.m. in Pahrump, Nevada for Nye January21, 2014 15. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right-of-Way.-Contd. County Road Resolutions RC2O1 3-541 through RC2OI 3-565; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. PUBLIC PETITIONER

Commissioner Carbone

made a motion to support; seconded by Commissioner Borasky. Dave Fanning advised this piece of property would be part of a future detention basin site. He thought it could be shared for both parking and a detention basin and would like to work with the town to look at the whole site, not just the ten acres.

Commissioner Schinhofen

believed this Board supported withdrawing any land from the ELM. The details that needed to be discussed were important, but he thought support of the item could be approved. Susan Holecheck, Pahrump Town Manager, stated she was unaware that this was on the agenda. She said they did want to move forward with Last Chance, and one of the town board members had clarified mapping that was previously submitted. They were also moving forward with discussions on a place for the horses to be and a parking lot. She said she would work closely with Mr. Fanning.

Commissioner Carbone

believed there were things that the Planning Director needed to look at too.

Commissioner Schinhofen

noted the item was to support the application, not the details. He also believed this was part of the RMP that the County had requested. Darrell Lacy confirmed it was.

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Sheriff DeMeo

was not present. LIQUOR 16. For Possible Action Discussion and deliberation of a Change of Licensee for the Escapees Co-op of Nevada mc, 5150 Oakridge #2, Pahrump, NV. Linda Moody, Applicant.

Commissioner Borasky

stated everything was in order.

Commissioner Wichman

made a motion to approve: seconded by Commissioner Cox: 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 17. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 17, 18 and 19: seconded by

Commissioner Borasky

; 5 yeas. 18. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, April 22, 2014 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 17, 18 and 19: seconded by

Commissioner Borasky

; 5 yeas. 19. For Possible Action Approval to apply to the State of NV Office of Emergency Medical Systems 2014 Emergency Medical Service Coordination (EMSC) grant for training to State of Nevada certified EMS instructors.

Commissioner Wichman

made a motion to approve items 17, 18 and 19; seconded by

Commissioner Borasky

; 5 yeas. January 21, 2014 TIMED ITEMS-Cont’d. 10. 10:45 For Possible Action Public Hearing on results of Public Works — — identification and determination of improved roads and streets maintained by Nye County as of December 31, 2013 for the purposes of compliance with Nevada Revised Statutes Chapter 365.550 Paragraph 8 regarding Proceeds of Tax Levied pursuant to NRS 365.180; and other matters properly related thereto.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Schinhofen

stated this was basically a list of roads that told the State how much gas tax the County was supposed to get.

Commissioner Wichman

advised there were over 2,700 miles on the list now, which exceeded all other counties in Nevada. Dave Fanning clarified that was equal with Clark County and Nye County would surpass them next year.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Schinhofen

asked if this would impact the RTC’s budget. Mr. Fanning said it would impact it somewhat. They were trying to offset a couple of different things here so there would be high miles but it was not something they maintained. He added they were also chasing people who damaged the roads.

Commissioner Wichman

asked if there was a road agreement with Solar Reserve. Mr. Fanning said there was, but he was thinking of areas that were not maintained as often where the impact was not felt.

Commissioner Schinhofen

stated he made two changes to the list. It was brought to his attention that Commissioner Wichman had a vote at NACO as she was President-Elect so he was not appointing her as a representative. He was appointing Commissioner Borasky so the County would have two votes and he requested another volunteer so the County could have three votes.

Commissioner Carbone

asked if there was telecommunication. Commissioner Wichman said there were capabilities. The other change to the list was Commissioner Schinhofen had appointed

Commissioner Borasky

to the CNRWA, but if he was unable to make it for any reason

Commissioner Schinhofen

would fill in.

Commissioner Schinhofen

said if anyone wanted any changes they should talk to him afterwards and he would make them at the next meeting. He reminded the Commissioners that if they were not a voting member then they were there only to represent the Board’s actions, not personal comments or opinions, and to gather information.

Commissioner Wichman

noted all the Commissioners were members of NACO. PUBLIC ADMINISTRATOR 24. Quarterly report from the Public Administrator end of each quarter

Commissioner Carbone

asked if there was anything for the individual who spoke under public comment. Brian Kunzi said he would prepare an investigation report, but he told the Board his office found nothing to substantiate the complaints about the Public Administrator going in when relatives were around. The statute defined what the Public Administrator could and could not do. They had the duty to go in and protect property if someone was not immediately available and the Board could not interfere with that. He stated putting someone’s name on a refrigerator did not mean the Public Administrator needed to stay out.

Commissioner Wichman

asked if this should be proposed as changes to the State law rather than having it continually brought to the Commissioners. January21, 2014 24. Quarterly report from the Public Administrator end of each guarter-Cont’d.

Mr. Kunzi

advised the Board had no authority in this. The Public Administrator was an elected official and the Board had no more right to tell them what to do then it did to tell the Sheriff who to arrest or the District Attorney who to prosecute. The Board only had the authority to look at the operations from a financial standpoint.

Commissioner Wichman

did not believe the concern was to keep them from going in the homes. She spoke with the Esmeralda County Public Administrator and they always had a law enforcement officer present when they went in. She believed the complaint was that they were going in individually.

Mr. Kunzi

said they had the right to do that and it was the Public Administrator’s responsibility to secure the property to protect the assets. If there were assets walking out the door then his office wanted to know about it, but unfortunately nothing presented to them gave them anything they could pursue. If they had hard facts showing that happened it would not be ignored. In discussions regarding paying the Public Administrator, Mr. Kunzi described how Clark and Washoe Counties had sponsored a BDR. He thought the better approach would be to talk to NACO to see what the attitude was of the other rural counties. If the Board wanted to pursue a BDR it would have to be put on a future agenda.

Commissioner Cox

said she would like staff to do that. In the meantime she wondered if a resolution could be created. Pam Webster advised one of the things she was thinking of was a registry for citizens, rather than just having something on the refrigerator, where people could pre-register their information regarding their will, heirs and contacts. She thought that would give some calming to people to know they could do that in advance of an event that would cause the need for the Public Administrator to come in.

Mr. Kunzi

said the registry was a good idea, but the problem was that neither the Sheriff’s Office nor the Public Administrator’s Office could be ordered to look at it and make a decision that someone was immediately available.

Commissioner Cox

asked Mr. Kunzi if he could sit down with the Public Administrator and advise him of what he could and could not do.

Mr. Kunzi

explained his office worked a lot with the Public Administrator over the year, but he did not have the resources to represent them and file the probate paperwork, etc. As far as helping them and advising them on their duties, that did fall within his jurisdiction as District Attorney and they did try to work with them. Mr. Kunzi felt funding this from the public standpoint would give it a lot of legitimacy that it did not currently have. January21, 2014 24. Quarterly report from the Public Administrator end of each quarter-Cont’d. John Bosta said when this issue was first brought up it was pointed out to him that if he took his will and recorded it with the Clerk’s Office the Public Administrator was supposed to check there. If there was one then the Public Administrator was not supposed to enter the building. Mr. Kunzi stated that was totally incorrect and nothing in the law required that. Linda Bromell said she had read somewhere that the Nye County Commissioners had oversight of the Public Administrator’s Office. Mr. Kunzi said nothing gave the Board of County Commissioners authority to impose anything on the Public Administrator other than setting fees.

Commissioner Schinhofen

said he would like to see the complaints investigated. HEALTH & HUMAN SERVICES 37. For possible action Discussion and deliberation regarding a resolution for the Nye County Procedures for Health and Human Services.

Commissioner Wichman

made a motion to approve: seconded by Commissioner Borasky; 5 yeas. TIMED ITEMS-Cont’d. 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 201 3-27: A Bill proposing to amend Nye County Code Chapter 8.04, pertaining to the use, sale, and regulation of fireworks, by removing the limitation on the number of permits which may be granted by Nye County for the sale of consumerldisplay fireworks. reducing the fee required for consumerldisplay fireworks permit applications, setting forth the provisions for the use of “safe and sane” fireworks; prohibiting the use of tents, stands, booths or other structures of a temporary nature in conjunction with the sale of fireworks; requiring that all retail sales of fireworks must occur within a permanently constructed free-standing building; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Schinhofen

opened the public hearing. Brian Kunzi addressed one of the biggest problems from a law enforcement standpoint, which was some of the very old antiquated definitions/standards in the ordinance. In order for the ordinance to be effectively enforced it needed to have very clear, concise and accurate standards as the fireworks industry had come a long way since the ordinance was first put into place. That was one of the things they had worked with the January21, 2014 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 2013-27-Cont’d. people in the industry on and he was not sure if the ordinance was at the point of having the legal standards needed. Another concern Mr. Kunzi had was the perception that absolutely no fireworks were permitted under the County Code unless they were being discharged at a shooter site, which was not really accurate. The definition of consumer fireworks in the ordinance was a definition that was not considered consumer fireworks. If it was not considered consumer fireworks then people could shoot them off on their private property. Mr. Kunzi said they had also been struggling to come up with a definition of safe and sane and identifying those things that were relatively safe. He would like to tie the definition of safe and sane specifically to the industry standards instead of trying to create one.

Mr. Kunzi

recommended continuing the public hearing to pull all the information together and come back with very tightly worded definitions the Commission would be comfortable with that would allow people to use safe and sane fireworks with less restrictions then currently exist.

Commissioner Schinhofen

explained his intentions were to allow people to be able to use the safe and sane fireworks on their own property. Additionally, these types of businesses would now have to be in a permanent structure with sprinklers and he wanted to get rid of the temporary sales to make it equitable to the six companies in town. Doug Burda read the portion of the American Pyrotechnic Association Standard 87-1 which outlined the requirements for consumer fireworks. He said the idea was that consumer fireworks were specifically meant for consumption by the public. The risk associated with discharge of these types of fireworks was low. The draft ordinance tried to match this APA standard.

Commissioner Schinhofen

added one of the other things in the draft ordinance was that the limitation to certain hours of operation would be stricken.

Mr. Burda

stated that as the ordinance stood presently he thought it contained a lot of provisions that were copied and pasted from other ordinances not within Nye County. The fallout from that was a lot of things that presented affirmative obligations to act or not act in ways that did not reflect the reality of how the fireworks business was done in Nye County. The draft removed those sorts of things also. Casey Steinhart from Area 51 Fireworks thought it was a good idea to table this and bring it back so they could work with the District Attorney to make sure things were done correctly. He offered to help rewrite it.

Commissioner Schinhofen

continued the public hearing for 30 days. January21, 2014 FINANCE 36. For Possible Action Discussion and deliberation regarding Bid # 2013-05 (Rebid) Animal Shelter Services for the Pahrump area.

Commissioner Schinhofen

stated this was something he had tried to get done for a while. The Board was not obligated to offer it, but it was important and he believed it could be done privately or through a public/private partnership. Judy Dodge from Purchasing explained the bidder had submitted the information that was missing before and her proposal was for $225,000.00. However, in the rebid was a request for the respondent to name the place that she would operate the business out of. The respondent proposed to use the Nye County facility for approximately a year, at which time she hoped to have her own in place.

Commissioner Schinhofen

asked what it cost the County annually to run the shelter. Susan Paprocki advised the budget was $243,531.00 this year, including salaries. Regarding use of the shelter for one year, Pam Webster stated if the award was made to this applicant then a lease would be put together for her to use the property for one year at a minimal rate to be determined.

Commissioner Borasky

asked if the $225,000.00 price was off-setting. Vance Payne, Emergency Services Director, said they were spending more than that right now.

Commissioner Borasky

asked about the additional one-time costs. Susan Cronin, the respondent, advised some of them would be for the latest equipment. Additionally, she was looking into signing a lease for a 2,000 square foot building to be used for an outreach center which would also be a one-time cost. She further explained she would be looking for grants which would reduce the amount of money the County had to put in, but the money in the bid was all she would be asking for.

Commissioner Carbone

asked Ms. Cronin for a time table as to when she would be weaned from the County. Ms. Cronin stated she liked to use a three-year plan.

Mr. Payne

quoted from Ms. Cronin’s bid response that the plan was for one year. The current facility was not up to American Humane Association standards and was originally built for a very small population. She hoped to create a steering committee this year to move it into a larger facility to hold the animals. He said while the time line was not specified, Ms. Cronin did indicate a year.

Commissioner Cox

suggested Ms. Cronin look at the old pet food store building by the race track off of Basin for her facility. January21, 2014 36. For Possible Action Discussion and deliberation regarding Bid # 2013-05 fRebid) Animal Shelter Services for the Pahrump area.-Cont’d.

Ms. Cronin

then explained the volunteers would not be paid, but they would be trained and that was also one of the one-time costs. It would be done in-house and came with a national certification of animal shelter care and handling. It was $500.00 for ten certifications and that was recommended and approved by the ASPCA. Ms. Cronin said she could do it for a less amount because she would not be one of the employees and would not be paid either.

Commissioner Schinhofen

asked Mr. Payne if he was comfortable. Mr. Payne said he was.

Commissioner Schinhofen

said he had adopted animals out of the shelter and the staff was good. His vote would not be a reflection on them but on what the County was limited to. He believed in a private setting there would be a better chance to rescue a few more animals.

Commissioner Carbone

made a motion approve; seconded Commissioner Borasky; 5 yeas. 30. For Possible Action Discussion and deliberation to support Central Nevada Regional Water Authority being a plaintiff on a complaint to be filed by White Pine County, the Great Basin Water Network and others challenging the U.S. Bureau of Land Management and the U.S. Department of Interior’s ROD, along with its supporting Environmental Impact Statement, that grant SNWA’s ROW across federal land for the purpose of construction and operating SNWA’s groundwater development prolect.

Commissioner Borasky

said if Nye County did not join in with the test of the counties on this it could hurt the water situation throughout the central and northern part of the State for years to come. He noted they were not asking for money, just support.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. FINANCE-Cont’d. 35. For possible action Discussion and deliberation regarding RFQ #2013-18 Qualified Environmental Professional for: 1) the response from BEC Environmental; and 2) direction to staff to enter into fee negotiations.

Commissioner Wichman

made a motion to approve and to direct staff to enter into a fee negotiation; seconded by Commissioner Carbone; 5 yeas. January21, 2014 HIR AND RISK MANAGEMENT 38. For Possible Action Discussion and deliberation on a request to approve two new job descriptions, Executive Legal Secretary I & Executive Legal Secretary III. There is no financial impact to the County.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox. Brian Kunzi explained that right now all of his secretaries were at one level. Several years ago a supervising secretary position was removed and a problem was created when the office administration position came open as supervising experience was required. Luckily he had a secretary that had that experience, but he wanted to create an entry level position that did not require the experience that could get paid less than the standard and also create two lead positions that were supervisors. This would give him the ability to promote as experience was gained.

Commissioner Borasky

asked if the no financial impact statement on the agenda would still be true in a year or two. Danelle Shamrell, Human Resources Director, explained

Mr. Kunzi

was taking a cut in staffing levels so any changes could be absorbed. Additionally, the administrative position recently filled was filled at a much lower level then the person who left was at. This would not increase the numbers, but it would allow for growth within the department.

Commissioner Carbone

said this would help people who already had their plans submitted. He noted the six month deferral option as well as the 10% discount if the fees were paid up front. He asked if there were things the impact fees could be used for other than the specific ones listed in the back-up. Pam Webster believed the money collected with the distribution in place was in place, but it could be amended by adding or replacing a category and then money would be collected on those. The way the money was distributed could also be changed. January 21, 2014 11. 11:00—For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2013-23-Cont’d. Brian Kunzi clarified that although categories could be changed they still had to be related to the impacts that growth caused as the whole concept of the impact fees was to pay for governmental services required because of growth.

Commissioner Carbone

asked if the impact fees could be used for an animal shelter as growth would bring people in with animals.

Mr. Kunzi

advised the impact fees targeted specific growth, not general growth in the valley. There had to be an appropriate nexus as this was not a general revenue making item. It was specifically designed to allow governmental entities to raise revenues solely for the purpose of addressing issues specifically caused because of the growth. There was discussion about whether one-time exemptions from the impact fees could be offered to individual property owners who lived beyond the rapid response of the police and fire, were not on maintained roads, and were more than so many miles from a County maintained park. Commissioner Wichman said she would like to have Bobby Lewis, Planning Director, bring some language back.

Commissioner Cox

stated she did not support this originally and thought it was a little soon to bring it back. She noted the fees totaled around $4,000.00 between the School District and the County and it only applied to certain areas of the County so it was not equal.

Commissioner Schinhofen

suggested Commissioner Cox bring something forward for County-wide.

Commissioner Borasky

stated he would support giving homeowners a break, but he did not support impact fees.

Commissioner Schinhofen

opened the public hearing and stated this would allow a 10% discount for payment up front as well as options for payment over time or at the end. It was not about getting rid of impact fees but how to adjust them to make it better. John Koenig understood the impact fees were in place and this ordinance would give some people a break and some people would not have to pay at all. He stated he did not understand the logic behind some of the arguments he heard today. Michael Sullivan, Town of Pahrump Finance Director, voiced his concern regarding the nexus basis. He said everyone wanted to give discounts, but there was a burden of impact that had to be borne by someone and equitably that was done by the impact study by Mr. Tischler. If things were to change then the study would have to be re done. He wondered if discounts would be given to developers paying planning fees and brothels paying brothel fees. He felt the nexus had been lost and there was a lot of January21, 2014 11. 11:00 —For Possible Action Public Hearing, discussion, and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2013-23-Cont’d. growth impact still to address. He stated he would like to see this not pass or have it rewritten after the study was re-done. Dean Brooks said the Board should look at how to reduce costs, not take in more money. Dave Stevens felt everyone should have to pay the impact fees.

Commissioner Wichman

asked if someone could put together the history of how this came about.

Commissioner Schinhofen

said he would like to see the Tischler report.

Commissioner Borasky

briefly explained it started in 2000 when Pahrump was growing. Resolutions and ordinances were adopted, but it was put together too quickly and not well thought out. Since then they had been trying to go the other way to look at everything to see if some of the things could be corrected. John Bosta asked what Tischler report was being referred to. Mr. Tischler did a study for the Town of Pahrump, the School District and the County, and had three different scenarios: do not do anything, slow down development, or speed up development. In all three scenarios development was a loss to the County. Mr. Tischler had also pointed out that if it continued for a period of five or eight years the County would go broke. Mr. Bosta stated if that was the Tischler report being talked about then that was where all the impact fees came from to try to make up for the loss of revenue from development.

Commissioner Schinhofen

closed the public hearing.

Commissioner Carbone

stated that since people had already been told the County was deferring things and they submitted the paperwork early something needed to be done.

Commissioner Carbone

made a motion to adopt that particular portion of Bill No 2013- 23.

Commissioner Wichman

offered a second to the motion if it was amended to include an effective date of February 10, 2014.

Commissioner Carbone

amended his motion to add an effective date February 10, 2014.

Commissioner Carbone

said this would at feast take care of the deferrals and the rest could be brought back later. January21, 2014 11. 11:00 —For Possible Action Public Hearing, discussion, and deliberation to adopt! amend and adopt! or reject Nye County Bill No. 201 3-23-Cont’d.

Commissioner Cox

stated when a contractor or an individual builder came in to build they were required to do the on-sites and off-sites, but then people paid their taxes on top of that to maintain the police, fire, parks, etc. As far as she was concerned she saw that as all covered through the taxes and did not understand why the impact fees had to be on top of the taxes being paid. She said she could not support this.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Nye County Bill 2013-24 with an effective date of February 20, 2014; seconded by Commissioner Cox; 5 yeas. PLANNINGIBUILDING 39. 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. 2013-31: A Bill proposing to amend Nye County Code Title 17! the Zoning Ordinance of the Pahrump Regional Planning District! by adding Section 17.04.870 “Medical Mariiuana!” establishing the provisions related to zoning, development standards, and other land use regulations for medical marijuana establishments; and 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 Wichman

was not present. January21, 2014 39. 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. 201 3-31- Cont’d. Dave Stevens stated he strongly supported medical marijuana.

Commissioner Carbone

made a motion to set a time and date of February 18, 2014, at 11:00 a.m. in the Board of County Commissioners chambers in Pahrump, Nevada; seconded by Commissioner Borasky.

Commissioner Borasky

stated that just because he was seconding it did not mean he was a fan of it. It was only to move it forward.

Commissioner Carbone

read the title of the bill into the record. 40. For Possible Action Discussion and deliberation of a Final Map application to create a commercial subdivision on approximately 2.92 acres in the General Commercial CGC) Zoning District, located at 1230 S. Loop Road, Pahrump, situated south of Carlton Street, located east of Nevada Highway 160 and west of Loop Road, described as Parcel 3 of File Map #1 28493. Township 20S, Range 53E, Section 24. MFR Properties, LLC Property Owner. Mike Floyd Applicant. — — Nelson Surveying, LLC Agent. AP# 35-381 -20. (FM-I 3-0001 ).

Commissioner Carbone

made a motion to approve as he had been through this particular item with Beth Lee and he believed everything was in order; seconded by

Commissioner Cox

; 5 yeas. 41. For Possible Action Discussion and deliberation concerning a request to release 100% of the financial security related to improvements fronting Assessor Parcel Numbers 035-331 -78 and 035-331-85 as stated in the Parcel Map Improvement Agreement (PMIA) for the Harris Limited Parcel Map, located within the Pahrump Regional Planning District. Pahrump Senior Associates and Harris Medical #2 LLC Property Owners. Dan Harris Applicant. (lA-02-0003.I) — —

Commissioner Carbone

made a motion to approve as he had been through this with Beth Lee of Planning and Dave Fanning and everything was in order; seconded by

Commissioner Wichman

; 5 yeas. January21, 2014 42. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2013-57: A Resolution accepting the offers of dedication and maintenance responsibility of certain portions of Margaret Street in Pahrump. Brian Kunzi asked that this item be moved to the end as he had a question he needed to answer or it may have to be put on the next meeting. 43. For Possible Action Discussion and deliberation concerning a request to release 100% of the financial security related to the Parcel Map Improvement Agreement (PMIA) for the Spring Mountain Raceway Parcel Map, located within the Pahrump Regional Planning District. Spring Mountain Raceway Property— Owner. Double M Construction Applicant. Russ Meads Agent. (IA-08-0011.1) — —

Commissioner Borasky

made a motion to release 100% of the financial security related to the parcel map improvement agreement based on staff recommendation; seconded by Commissioner Carbone; 5 yeas. 44. For Possible Action Discussion and deliberation to declare 3401 E. Savoy Boulevard, Pahrump, Nevada, a public nuisance consisting of multiple hazardous structures, iunk vehicles, trash, broken objects, debris, and abandoned dilapidated mobile homes, all of which pose a public health and safety threat; to direct staff to utilize the emergency abatement procedures to immediately abate the hazard. Assessor Parcel Number 45-242-04. Location 3401 E. Savoy Boulevard, Pahrump. Property Owner Dea Family Ltd. Partnership.

Commissioner Schinhofen

explained he brought this forward at the request of many of his neighbors in his district. Steve Osborne from Planning said they had been dealing with this particular issue since 2008. There had been several attempts to get Code compliance on this piece of property and all efforts to this point had tendered nothing.

Commissioner Schinhofen

noted since there was no fencing the kids used it as a playground. It had mobile homes and cars falling off blocks, broken glass, and was a roost for pigeons. Brian Kunzi advised the County Clerk had a file where it was already declared a nuisance last year. All the notices were done and it was at the point where the County could move forward with abatement. Emergency abatement was not needed and the Board should direct staff to pursue the abatement procedures.

Commissioner Wichman

made a motion to proceed with the abatement procedures; seconded by Commissioner Carbone. January21, 2014 44. For Possible Action Discussion and deliberation to declare 3401 E. Savoy Boulevard, Pahrump. Nevada, a public nuisance-Cont’d.

Commissioner Carbone

wanted staff to look at what could be done as far as fencing off the property instead of abating the whole property to keep it as safe as possible and avoid the issue on Irene where the costs exceeded the value of the property. Pam Webster said they were looking at abatements with the understanding to not exceed the value of the property in the cost to abate. She added property that had scrap metal on it helped defray the costs.

Commissioner Schinhofen

said he understood what was going to be done was being revised as some of the streets did not have homes on them and it was a better, cleaner list in the back-up. Dave Fanning said it was and explained they had areas they were not contesting right of way on in that they would need at least a year to clean them up and make sure they were correct. He said the reason for the revision was there were some on a petition list that did not show up and some made it to the petition list that were not considered.

Commissioner Wichman

made a motion to accept the revised chip seal plan and the new funding source; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER 25. Ongoing Proiect Report The report was in the back-up. January21, 2014 26. Report on Economic Development Pam Webster said she had added the projects that qualified for the impact fee extensions. Things were still looking solid and hopeful. There were several projects that were about to begin, about to finish, and about to open. 27. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment within the confines of the Amargosa Valley Groundwater Basin for Fiscal Year 2014-2015.

Commissioner Wichman

made a motion to adopt Resolution 2013-55; seconded by

Commissioner Botasky

commented that the State had changed the NRS so it said the County “shall” levy a special assessment, which meant the County had no choice. He would vote yes, but in protest.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Carbone.

Commissioner Carbone

advised he had a conversation with Jason King two weeks ago. The dollars coming off of this could possibly be used for the Basin 162 Management Plan Advisory Committee or to buy back water rights or other things to make the plan come to fruition.

Commissioner Cox

asked if the County was required to do this since the NRS said “shall.” Brian Kunzi stated “shall” made it mandatory. The County was not requited to impose the tax, but it was required to pay the tax so without the assessment there would be no funding source. Pam Webster added it would be deducted from the County’s revenue before it was given to it, just like the sales tax distributed by the State. V

Commissioner Cox

stated she felt the same as Commissioner Borasky.

Commissioner Wichman

pointed out the oath taken by the Commissioners was to uphold State law. While she protested the State passing this on to the Board of County Commissioners to do, she did take the oath to uphold State law. January 21, 2014 28. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment on all taxable property situated within the confines of the Pahrump Valley Groundwater Basin for Fiscal Year 2014-2015.

Commissioner Carbone

made a motion to appoint from the utilities Lenny Badger, Wendy Barneft and Gregory Hafen and for the rest of the board Kristian Bentzen, Walt Kuver, Dave Caudle and Gregory Dann, with alternates of Judith Holmgren, Michael Floyd and Kenny Bent; seconded by Commissioner Borasky.

Commissioner Borasky

stated he would monitor the group very carefully and if he saw people who could not work together or were non-productive he would bring names forward asking them to be replaced.

Commissioner Schinhofen

said in the future he would like to see that the RIG looked at this. If the County kept adding roads it would never maintain any of them.

Mr. Kunzi

said that was his concern too and he talked with Dave Fanning to make sure Public Works had the ability to maintain the road.

Commissioner Wichman

said she would like to have the routing section on the agenda items completed so questions like that would not have to be asked. January21, 2014 42. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 3-57-Cont’d.

Commissioner Wichman

made a motion to adopt Nye County Resolution 201 3-57; seconded by Commissioner Carbone; 5 yeas. FINANCE-Cont’d. 31. Budget to Actual Expenditure Report Susan Paprocki stated the only functions that appeared to have potential overruns was the Health Department, the animal shelter and Animal Control. Some of that was probably taken care of today with the animal shelter privatization and Vance Payne was working closely to keep that down. She said the County was still in good shape to end the year with the budget at 97%.

Commissioner Wichman

questioned how some of the departments were projected to be at less than 100% when some of the individual line items exceeded 100%.

Mrs. Paprocki

explained it depended on which percentage of the budget each category was. For example, the Sheriffs Office was over 115% in services and supplies, but it was a small percentage of their overall $13 million budget with the bulk of their budget being salaries and benefits. 32. Budget to Actual Revenue Report The report was in the back-up. 33. Budget to Actual Fund Balance Report Susan Paprocki stated she had incorporated the audited ending fund balances so the beginning fund balances were the audited balances. 34. For possible action Discussion and deliberation concerning a request to approve the Corrective Action Letter for the Annual Audit Report for Fiscal Year ending June 30, 2013 to be submitted to the Department of Taxation. This item was removed from the agenda.

Commissioner Wichman

offered to speak to Ms. Lane’s group if they had an opportunity to meet in Tonopah. She said she was on the executive committee for NACO which just recently filed suit against the ELM to follow the 1971 Wild Horse and Burro Act and its amendments as everything needed to control and manage the horse numbers was in that law. However, Commissioner Wichman noted that Ms. Lane was only talking about the horses in Pahrump while NACO was talking about the horses in all of Nye County.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of , 2014.

Chair Ny

Conty Clerk I Deputy