March 4, 2014

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 4 yeas.

Commissioner Cox

said there is an “old men’s” breakfast every Friday at 7:00 a.m. at The Nugget. Also, the CCSC had meetings every Monday at 110 Emery Street at 6:30 p.m. which were open to everyone.

Commissioner Schinhofen

said the Wild West Extravaganza and Acoustic Bluegrass Festival would be May 2-4, 2014, at Petrack Park at no charge. There would be a balloon event this weekend and a crab dinner on March 15, 2014, at Nye Coalition.

Commissioner Schinhofen

asked Bobby Lewis, Planning Director, to follow up with

Commissioner Wichman

on the exemption language and suggested Commissioner Carbone follow up directly with Dave Fanning, Public Works Director, on the asphalt issue.

Commissioner Schinhofen

said he would go to Elko tomorrow as they would hear the resolution that seven counties had signed on to for the NRC to move forward with the licensing of Yucca Mountain. He would report back to the Board. March 4, 2014 PLANNINGIBUILDING

Commissioner Carbone

made a motion to set the public hearing for April 1, 2014, at 10:45 a.m. at the Board of County Commissioners Chambers in Tonopah, Nevada; seconded by Commissioner Cox; 4 yeas. TIMED ITEMS 8. 10:15 Sifting as the Board of County Road Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or relect 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 County Road Commissioners.

Commissioner Carbone

explained the Tonopah Times inadvertently missed the publication for the February 20, 2014, edition to meet the publication requirements.

Commissioner Carbone

made a motion to set another public hearing for April 1, 2014, at 10:15 a.m. in Tonopah, Nevada; seconded by Commissioner Borasky; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS 10. For Possible Action General road report by Public Works Director Dave Fanning, Public Works Director, said he had nothing to add to the report in the back-up. Regarding asphalt issues on Homestead, Tim Carlo advised it was pothole patched back in January. Rain caused them and as quick as he got them he went out and patched them.

Commissioner Borasky

asked about paving Manse Road from Hafen Ranch Road to Highway 160 and cleaning up the bushes and the ditches. Mr. Carlo stated he had March 4, 2014 10. For Possible Action General road report by Public Works Director-Cont’d. pulled the salt cedars on the north side, but had not gotten to the ditch on the south side yet.

Commissioner Cox

thanked Mr. Fanning for getting rid of the K-rails on the cornet of Highway 160 and Basin Avenue. On Calvada Boulevard she noticed that there were a lot of cracks in the road since the recent rain and thought they might want to fill them before it rained again. 11. 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 Borasky

made a motion to set a date, time and location of April 1, 2014, at 10:15 a.m. in Tonopah, Nevada for Nye County Resolutions RC2014-81 through RC2014-120; seconded by Commissioner Schinhofen; 4 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Cox

assumed the Vice Chair of the Licensing and Liquor Board.

Sheriff DeMeo

was not present. LIQUORIGAMING 12. For Possible Action Discussion and deliberation to approve a Nevada Department of Taxation Application for Manufacturer’s License only, for Combination Seven LLC, DBA Tonopah Brewing Company. Fred and Nancy Cline, Applicants. Callie Stark from the Sheriffs Office explained this was just a Department of Taxation approval. Approval from the Commissioners was needed for a brewery to come into the County in order to proceed with their State license. Once their State license was in place she would come back to the Board for approval of the County license.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. 13. For Possible Action Discussion and deliberation to issue a Retail Liquor License and a Gaming License for Nevada Restaurant Services, Inc. DBA Dotty’s # 103, 3610 S. Hwy 160, Suite #403, Pahrump, NV. Richard Estey, Applicant.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. March 4, 2014 BOARD OF COMMISSIONERS 14. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 15. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 16. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. CLERK 17. For Possible Action Discussion and deliberation to appoint three (3) members to the Pahrump Library Board due to three (3) expiring terms.

Commissioner Borasky

made a motion to appoint Harold Tokerud and Wendy Aaron and reappoint Marie Long; seconded by Commissioner Schinhofen; 4 yeas. 18. For Possible Action Discussion and deliberation to appoint one (1) member to the Amargosa Valley Town Board to fill a vacancy for an unexpired term due to one (1) resignation.

Commissioner Carbone

made a motion to open this up for another 30 days so more applicants could put in their applications; seconded by Commissioner Borasky. Sam Merlino advised she was not aware of this and asked if her office was to advertise it again. Pam Webster said yes. The request was to leave it open 30 more days and advertise again to try to get additional applications.

Commissioner Carbone

made a motion to approve and noted there was no match to the grant; seconded by Commissioner Borasky.

Commissioner Cox

said she was not in support of grants and she supposed somewhere down the line this would cost the County extra money. However, living in Nye County she realized lot of preparedness, awareness and equipment for the hazmat teams was needed, so on a one-time basis she would support this and see what happened between now and next year.

Commissioner Borasky

said they agreed to a $1.00, but with the $1.50 it was still less than the $2.13. For this time and this time only he would make a motion to approve, but should they come back in the future and try this again he would stand fast; seconded by

Commissioner Cox

. Brian Kunzi said he was given the impression there may be some language their legal counsel was looking at, so they may suggest some changes to it legally. He asked the Board to allow, if those did not make any substantive changes, that they would agree to those without having it come back to the Board.

Commissioner Borasky

amended his motion to include approval of minor changes; seconded by Commissioner Schinhofen; 3 yeas. Commissioner Cox voted no. 23. For Possible Action Discussion and deliberation to: 1) accept the fee schedule presented by BEC Environmental, the finalist for RFQ #2013-18 — Qualified Environmental Professional; and 2) execute the contract.

Commissioner Cox

made a motion to approve; seconded by Commissioner Carbone. A revised page of the contract was distributed to the Commissioners, which Judy Dodge explained were additional clauses that had to be added due to federal regulations.

Commissioner Schinhofen

explained this was the same language in all of the grants.

Commissioner Cox

amended her motion to include execution of the contract;

Commissioner Carbone

amended his second; 4 yeas. March 4, 2014 PLANNINGIBUILDING-Cont’d.

Commissioner Carbone

made a motion to approve a-j; seconded by Commissioner Borasky. Match 4, 2014 PLANNINGIBUILDING-Cont’d.

Commissioner Cox

asked if the issues with item j, the reduction of road from 60 feet to 20 feet in one area, had been addressed. Dave Fanning said the road had been maintained for many years even though the County did not officially own it. The widths of the streets today did not meet County standards, but that was something they dealt with everywhere on the streets in Tonopah, especially where they were mining claims. He requested the Board move forward with approval. As the Code required variances not got below 40 feet, Brian Kunzi asked the Board for a specific finding regarding the length of time and the special circumstances of the mining property, as well as fact that the County had been maintaining it for a certain time, so someone else could not come in and request this particular variance.

Commissioner Carbone

amended his motion with the findings being this had been established for 90 years, there was no room to extend to 60 feet, and the roads were what they were; seconded by Commissioner Cox; 4 yeas. Michael Lach said staff and everyone who worked to give the Board this file worked diligently to try and figure out what was best for the County and the people who had lived there for 60 years. This was going to give them an opportunity to own their property and he appreciated the hard work on everyone’s part. Dave Caudle questioned item g and whether it was 30 feet or 40 feet. Kelly Harris from Planning said that was a typographical error and it should be 60 feet to 40 feet.

Commissioner Carbone

made a motion to reopen the item; seconded by Commissioner Ccx; 4 yeas.

Commissioner Carbone

made a motion to correct g to remove “thirty” and add “forty;” seconded by Commissioner Cox; 4 yeas. March 4, 2014 TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action Public hearing, discussion and deliberation to - — adopt, amend and adopt, or reject Nye County Bill No. 2014-02: a Bill proposing to amend Title 6, chapters 6.05.030 titled appeal of animal control decisions, 6.06.050 pet dog, pet cat fancier’s permit, 6.06.060 residential kennel permits, 6.06.070 commercial kennel permits, 6.25.100 hearing procedures, 6.25.110 appeal of animal advisory committee decision to board of county commissioners and other matters properly relating thereto; and 2) set an effective date.

Commissioner Carbone

made a motion to set a new public hearing date of April 1, 2014, to allow the team that was awarded the contract for the animal shelter to have some time to review this item and work with the Animal Advisory Committee on any of the things they may have an issue with; seconded by Commissioner Cox. Brian Kunzi advised this had already been advertised, so the public heating had to be opened and then continued for 30 days.

Commissioner Carbone

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Schinhofen

opened the public hearing. Susan Cronin said she only became aware of this by accident when she was looking at the legal notices. She felt the bill needed to be written so it did not conflict with their mission to reduce the animal population in Nye County, particularly in Pahrump, Beatty and Amargosa. She explained with the resources now and the amount of animals already here, Animal Control had to have the proper tools and people. Mrs. Cronin said it took her a while to figure out the Nye County rules and regulations and she knew people that had moved here and had no idea of the way the rules were created for the welfare of the animals. She wanted more time to meet with the Animal Advisory Committee and the attorney to discuss this. Scoff Shoemaker from the Animal Advisory Committee said he did not understand why this was being delayed. The only thing this changed was adding a permit for over ten dogs because previously there was only commercial for over ten. This added a Tier 1 and a Tier 2 and put it in line with Zoning and Planning, which was previously approved. He said the other changes were for the hearings with clarification language on the appeals process, and clarification on member terms that they were completing the terms of persons being replaced rather than starting a three year term. Mr. Shoemaker was not sure what this had to do with the shelter and stated the Animal Advisory Committee had gutted this for the last six months. John Bosta, a resident of the Town of Amargosa, was concerned about trying to control a dog from barking. He did not have a neighbor within a half a mile of his house, but when coyotes or strays came around the property the dog on the property barked and because of the silence in Nevada one could hear it. He felt to have an ordinance saying Match 4, 2014 9. 1 0:45 For Possible Action Public hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2014-02-Cont’d. one had to control their dog barking was almost impossible. Mr. Bosta advised the Board to be very careful about this ordinance. Judith Holmgren asked if a person who now owned a kennel must obtain a permit for having more than ten animals in addition to the kennel license and if there would be a charge for this additional permit.

Mr. Shoemaker

explained the only option available for people with ten dogs or more was a commercial kennel permit. Tier 2 was created for people who were in no commercial activity and just happened to have ten dogs, but both permits would not be needed.

Commissioner Carbone

made a motion to continue the hearing for 30 days to April 1, 2014, in Tonopah. He explained the only reason he wanted to continue it was because of the individual who just taken over the contract had questions and he thought it was fair for them to have communication with the advisory board and get their questions answered.

Commissioner Cox

seconded the motion; 4 yeas.

Commissioner Schinhofen

advised waiving the radius removed it.

Commissioner Borasky

said the Republican Convention would be in Beatty on Saturday. March 4, 2014

Commissioner Schinhofen

adjourned the meeting. APROVED this ATTEST: Of f1)1f’L. ,2014. A CFairT Ny Cdinty Clerk I Deputy