February 4, 2014

Commissioner Cox

was not present.

Commissioner Cox

voted against it. Mr. Caudle thought the Board should look at it and get some good legal definitions of what they did and how they did it. February 4, 2014 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. Anthony Greco stated on April 9, 2013, he was in court with Frank Maurizio and his wife was being paid by the County for the time there. He wanted to know if he reimbursed the County for that and for Todd Arms being there and using County equipment. If the County was reimbursed Mr. Greco wanted to see it and if not he wanted to know when that would happen. Frank Wilson expressed his frustration with the nepotism and out of control spending in the Sheriff Department. He felt a review board of citizens, not police, should be established. Bradley Berthold spoke about the sage grouse listing as an endangered species. Based on the overwhelming opposition to that proposition he provided opposing arguments as to why the creature needed to be listed, including the fragile ecosystem in the area and the State’s wild characteristics. He felt if left under local and State control the sage grouse would not get the protection it needed. Protection would best be achieved within the legal confines of the Endangered Species Act. TIMED ITEMS

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. Brian Kunzi advised Mr. Moore submitted an answer to the charging document and some of the issues raised in there required further investigation. He believed Mr. Moore agreed that the best course to take would be to continue this action to allow Mr. Kunzi to address those issues. He said he could probably get this on for the next Tonopah Board meeting.

Commissioner Borasky

stated Mr. Kunzi was so directed.

Sheriff DeMeo

agreed it should be brought to the District Attorney as the District Attorney would be reporting to the Board of County Commissioners. There also needed to be a due process aspect to avoid creating issues for the businesses down the line.

Mr. Kunzi

said one thing that was critical to understand was that the Board sat in a quasi-judicial capacity in show cause hearings, so it was appropriate from that position as the judges to listen to the presentation of the evidence and not be involved in it. He felt the District Attorney’s Office should be presenting the facts of the investigation, asking questions, cross examining witnesses, and providing evidence so there was a clear flow.

Commissioner Borasky

commented he had always been concerned that he was not an attorney and should not be presenting this so he liked the idea.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. 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 December 17, 2013.

Commissioner Wichman

noted under item 22 the name needed to be corrected to Perline Thompson rather than Curline Thompson.

Commissioner Cox

said the name in the second line of the first paragraph under item 41 should read Mark Hatfield rather than Mark Edenhield.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. February 4, 2014 SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Carbone

said the Groundwater Management Committee would meet tomorrow at 5:30 p.m.

Commissioner Wichman

stated she would join a televised expedition to view the distressed feral horse herds and decimated resources in the northern Nye and Eureka County areas. The request for the tout and the interview came from a French television station. An excellent article explaining some of the misconceptions surrounding feral horses could be found at joomla .wild life. org/documenupolicy/feral_horses_1 .pdf

Commissioner Wichman

advised that NACO and fourteen western states were able to get the PILT funded this year by passage as an amendment to the Farm Bill. There was a draft bill to make PILl a mandatory payment in the future. Joni Eastley congratulated Commissioner Wichman on her swearing in last week as Vice President of NACO. Commissioner Wichman would ascend to the preside ncy next week. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announcemen ts or topicslissues proposed for future workshopslagendas) Sam Merlino advised she needed the final ballot questions by July 21, 2014. If the Board was going to propose a question for the ballot it should be brought forwar d in the very near future as the question had to be adopted by resolution and then commi ttees formed to write the pros and cons. Brian Kunzi added the Board had to appoint a committee for each question that qualified which had people on it that opposed the question. Advisory questions did not have to go through the process of appointing the committee, just initiatives and referendums which became law.

Commissioner Schinhofen

urged the public and staff to act quickly if they wanted to get a question on the ballot. He then directed staff to put a ballot question on for the gas tax and prepare it as both an advisory question and an initiative.

Commissioner Cox

asked what the difference was between an initiative questio n and a referendum question. February 4, 2014 7. Comm issioners’IManager’s Comments (This item limited to announcements or topics!issues proposed for future workshopslagendas)-Cont’d.

Mr. Kunzi

said an initiative proposed a new law while a referendum tried to repeal or change an existing law and the signature requirements were different for each.

Mrs. Merlino

added that the requirements for petitions for State laws differed from the requirements for County laws.

Commissioner Borasky

advised he would go to Las Vegas with Commissioner Wichman tomorrow for the public lands meeting. He had a lot to say about the sage grouse and also had documentation from Assemblyman Ira Hansen which had a good example of a manmade habitat at Smith Creek Ranch.

Commissioner Borasky

said the Lincoln Day dinner would be February 21, 2014, at 6:00 p.m. at the Pahrump Nugget. TIMED ITEMS-Cont’d. 9. I 0:15 Sifting as the Board of County Road Commissioners For Possible Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject 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.

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 RC2013-501 through RC2013-540; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS 11. For Possible Action General road report by Public Works Director Dave Fanning, Public Works Director, said he had nothing to add to the toad report.

Commissioner Carbone

asked Mr. Fanning if he had made any decisions about Simkins and Highway 160 and the other roads along that area.

Mr. Fanning

said he knew patience was growing thin with the lack of response. NDOT always said the improvements were coming, but they never came. He was putting together a comprehensive plan before he answered the questions presented, but it would help to have a letter signed by the County Commissioners as suggested by

Commissioner Carbone

. February 4, 2014 11. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Schinhofen

added that he, Darrell Lacy and the Governor’s working group met with DOE last Friday and brought this to the forefront. This was their primary request from them and they put a figure of $20 million on it, which would do the entire road, which they were considering.

Commissioner Cox

asked if the funding for the toads was population based. Mr. Fanning explained it was by warrants through road safety audits and the complaints from the community.

Commissioner Schinhofen

said once it was proven how long this had been going on another safety audit would probably done, and then the determining factor would be funding. Joni Eastley suggested copying Assemblymen Oscarson and Goicoechea on the letter. The Commissioners discussed the several dangerous areas on Highway 160 and what part of the road they would like to see done. Commissioner Cox said she would like to see it go all the way to U.S. 95 to do it right the first time. Commissioner Schinhofen said the Board should be prepared to say from Basin to Simkins as they were the most dangerous intersections. 12. 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.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as March 4, 2014, at 10:15 a.m. in Tonopah for Nye County Resolutions RC2014-01 through RC2014-40; seconded by Commissioner Borasky.

Commissioner Wichman

stated she began this project in January, 2010, and last Friday she sent the very last resolutions she had in her file. She caught up with the contractor for the first time in four years and all of the contractor’s work should be in by the first of July.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. February 4, 2014 10. 10:45 For Possible Action Public Hearing, discussion and deliberation to: - — 1) adopt, amend and adopt, or reject Nye County Bill No. 2013- 30: a bill proposing to pass an ordinance to designate all highways in the Town of Tonopah for the use of off-highway vehicles to reach a private or public area open for use by off-highway vehicles; 2) set an effective date; and 3) direct staff to forward a request for approval from the Department of Transportation for said designation pursuant to NRS 490.100.

Commissioner Schinhofen

opened the public hearing. Robin Rivero expressed her support of the ordinance. She said each time someone filled an off-highway vehicle with gas they were paying the gas tax for the roads so it was only fair that they be able to drive their vehicles on the paved roads to get to the desert. Robert Adams stated what Tonopah was doing was why NRS 490 was wriffen and enacted. It provided an ordered, lawful process for residents to ride their OHVs from their garages to public lands. In addition to being a benefit to the local OHV riders, he said it also benefited the community as a whole as OHV tourism was growing by leaps and bounds. He strongly supported the ordinance. Gary Lambert said he represented several entities in the OHV community, including Nevada Trails. He explained the OHV economic impact and supported the action to open the roadways. Horace Carlyle, Chairman of the Tonopah Town Board, said they did an extensive review of this. The town board voted to support the NRS 490 change for not only the economic advantage but because it also standardized safety equipment and allowed law enforcement. He said the vote from the town was 3-1.

Commissioner Schinhofen

closed the public hearing.

Commissioner Wichman

made a motion to adopt Nye County Bill 2013-30 with an effective date of March 3, 2014, and to direct staff to forward a request for approval to the Department of Transportation: seconded by Commissioner Borasky.

Commissioner Cox

asked if the ordinance could be amended to make it apply to Nye County in general rather than just limiting it to the Town of Tonopah.

Commissioner Schinhofen

said that could not be done today as this bill was specific to Tonopah. Local hearings were also needed and he thought that not all of the roads in Pahrump should be allowed. Joni Eastley added that each town had to adopt their own ordinance. February 4, 2014 10. 10:45 For Possible Action Public Hearing, discussion and deliberation to: - — 1) adopt, amend and adopt, or reject Nye County Bill No. 2013- 30-Cont’d.

Commissioner Borasky

made a motion to approve items 14-17; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Borasky

made a motion to approve items 14-17; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Borasky

made a motion to approve items 14-17; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Borasky

made a motion to approve items 14-17; seconded by

Commissioner Wichman

; 5 yeas. February 4, 2014 BOARD OF COMMISSIONERS

Commissioner Borasky

explained he sponsored this item in conjunction with Elko County, which had done the same thing. He believed it was the right action to take and was asking for approval.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wich man.

Commissioner Wichman

said that although the County did occasionally get an opportunity to reduce numbers around the landfills under a permit issued by the State, a resolution was a position statement. People needed to realize the ravens were a protected species by the Migratory Bird Treaty with Canada and Mexico. By putting them in that classification it was a federal requirement to protect them, but if combining voices with other counties in the west would made a difference in influencing a federal change she was all for it.

Commissioner Carbone

wondered if that treaty had ever been ratified.

Commissioner Cox

stated she had a problem doing anything that might hurt the ecosystems in the future and did not like the government dictating what should happen with Mother Nature.

Commissioner Carbone

explained he was opposed until it was learned if the treaty had been ratified.

Commissioner Wichman

pointed out the press release in the back-up.

Commissioner Wichman

explained this was a request from Jim Lawrence that she would definitely support.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. EMERGENCY SERVICES

Commissioner Wichman

made a motion to set the date, time and location as March 4, 2014, at 10:45 a.m. in Tonopah; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. February 4, 2014

Mr. Payne’s

department would be responsible to supervise them and he did not have the personnel or the resources to manage a volunteer program. Mr. Payne said if a volunteer program became necessary he would let the Commissioners know. FINANCE

Commissioner Carbone

noted issues on the variance report that needed to be addressed. Susan Paprocki explained that since this report was generated on January 16, 2014, she had been working with Missy Molt and Vance Payne of EMS. They were now under the variance amount as most of the issues resulted from encumbering the whole year expenses. Regarding detention, when she reviewed some of the budget numbers for salaries she discovered one individual was budgeted under field services who was working in detention. A budget adjustment had been done and that would be under on the next report. Mrs. Paprocki said the only one still over was the admin support in the Sheriff’s Office stemming from one-time payments and encumbering. She had also been working with them to get the costs nailed down.

Commissioner Cox

noted the DARE program in the Sheriffs budget was coming in way under budget and asked if any of those funds could be moved for the Sheriff to be able to budget something in the line of drug testing. February 4, 2014

Mrs. Paprocki

stated the department was responsible for their budget and could transfer funds to or from anywhere they needed to, so the Sheriff could redirect any part of his budget to any other part of his budget. HEALTH & HUMAN SERVICES

Commissioner Wichman

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

Commissioner Wichman

noted it was agreed when the law was written that all 17 counties would have one representative and suggested Mr. Adams ask Commissioner Tom Collins from Clark County how they worked that. With regard to public land, she said when the numbers went up in population the numbers went down in public land. February 4, 2014

Commissioner Schinhofen

adjourned the meeting. APROVED this 4Tt day ATTEST: Of ,2014. CnyCk/Deputy