April 1, 2014

Commissioner Borasky

was present by telephone.

Commissioner Cox

said in the last paragraph on page 3 it should be Manse Road instead of Vance Road.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Cox; 4 yeas. Commissioner Wichman abstained. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

reminded everyone of the upcoming 4th of July parade. People could contact him or Commissioner Schinhofen to get signed up. Regarding the animal shelter in Tonopah, Commissioner Cox asked if anybody had made any moves forward to privatize it or if a workshop should be held. Pam Webster said she would get back to her on that.

Commissioner Cox

asked about the Tonopah and Beafty dispatch. Mrs. Webster advised she would publish a description of how all that would come together.

Commissioner Carbone

asked for a workshop regarding the dispatch situation.

Commissioner Wichman

reviewed the decisions made by the task force for the transfer of public lands from federal to state management at their last meeting. She would put the update on the agenda when she received it.

Commissioner Wichman

asked staff to put together the history of the Secure Rural Schools Title II funding and whether the County had become a fire safe community with the Title I funds. Pam Webster explained when the County chose Title II NACO had done an extensive amount of consideration at that time because if the County had chosen Title I it was at risk of losing the PILT money or the Secure Rural Schools money would be offset by PILT. The County went with Title II to not lose that ability.

Commissioner Schinhofen

asked the County Manager to agendize a discussion of how the Water District was formed and its duties. Also, he commented that staffing was not something the Board could throw open to the public to discuss. That was why the County had the County Manager and department heads. Commissioner Schinhofen stated they were not going to do anything to endanger anybody. TIMED ITEMS

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 Resolutions RC2014-01 through RC2014-40 and RC2014-81 through RC2014-120; seconded by Commissioner Schinhofen; 5 yeas SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Mr. Fanning

said he had contacted NDOT over the weekend regarding the flashing light brought up by Commissioner Cox at the last meeting, but had not heard anything yet.

Commissioner Wichman

asked if movements had been made to pursue the catch fence at the Tonopah landfill. Mr. Fanning said they would go out to bid this year for a scrap metal bid and hoped to get the fence enclosed for the price of last year’s scrap metal.

Commissioner Schinhofen

asked Mr. Fanning to provide figures in the next month or two regarding the cost to continue the Gamebird channel under Homestead.

Commissioner Wichman

made a motion to set the date as May 6, 2014, at 10:15 a.m. during the Tonopah meeting; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Borasky’s

vote by phone was not heard. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. April 1, 2014 PUBLIC WORKS

Commissioner Wichman

made a motion to execute the Clean Water Revolving Fund Loan Contract with the Nevada State Department of Conservation and Natural Resources in the amount of $500,000.00 and to approve the professional services agreement with Farr West Engineering; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Cox

assumed the Vice Chair of the Licensing and Liquor Board. LIQUOR 15. For Possible Action Discussion and deliberation regarding a Change of Licensee for Southern Wine & Spirits of Nevada, 8400 S. Jones Blvd., Las Vegas, NV. Lawrence Ruvo, Applicant.

Sheriff DeMeo

said he was not aware of any issues dealing with the change.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. Commissioner Borasky’s vote by phone was not heard. 16. For Possible Action Discussion and deliberation regarding a Package Liquor License to Stuff’D LLC, 5581 N. Hwy 160, Pahrump. NV. Heather and Erika Tomkowiak, Applicants.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Borasky

wanted to know when this application was turned in and how long it took to get to fruition. He thought there was a new schedule to get liquor licenses pushed forward in 30 days for a temporary.

Sheriff DeMeo

stated no one requested a temporary and those were not issued unless they were requested. Additionally, there were certain steps that had to be completed before the temporary was issued. Callie Stark from the Sheriff’s Office explained this license was ready to go in March. The licensee requested that it not go forward until the April 1, 2014 meeting. April 1,2014 16. For Possible Action Discussion and deliberation regarding a Package Liquor License to Stuff’D LLC, 5581 N. Hwy 160, Pahrump, NV. Heather and Erika Tomkowiak, Applicants.-Cont’d.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. TIMED ITEMS-Cont’d. 10. 10:45 For Possible Action Continued 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 Schinhofen

opened the continued public hearing.

Commissioner Carbone

said he was the one who continued this item. A meeting had been held with the folks that were in difference with the item and he believed all the issues were worked out.

Commissioner Carbone

made a motion to approve with an effective date of April 28, 2014; seconded by Commissioner Cox; 5 yeas. 11. 10:45 For Possible Action Public Hearing relative to a Petition to abandon a - — portion of Smith Lane located from Powerline Road to a point one mile west of Powerline Road further described as an approximate five thousand two hundred eighty (5,280) foot length of road right of way described as the North twenty feet of Section 31, and the South twenty feet of Section 30 of Township 16 South, Range 49 East, AP #19-131-11 (AB-14-0001) in the Town of Amargosa Valley, Morris DeLee Revocable Trust Owner, Nye County Petitioner(s)

Commissioner Schinhofen

asked Dave Fanning if he was okay with the abandonment.

Mr. Fanning

said he was.

Commissioner Wichman

wondered if NRS 403 played into this at all since this was outside the planning area and that NRS contained the procedure for abandonment of a road. She also did not notice in the back-up anywhere where it indicated access would be provided to parcels 27 and 28 prior to the abandonment and wanted to make sure that was a prerequisite. April 1, 2014 11. 10:45 For Possible Action Public Hearing relative to a Petition to abandon a - — portion of Smith Lane located from Powerline Road to a point one mile west of Powerline Road further described as an approximate five thousand two hundred eighty (5,280) foot length of road right of way described as the North twenty feet of Section 31, and the South twenty feet of Section 30 of Township 16 South, Range 49 East, AP #19-131-11 (AB-f 4-0001) in the Town of Amargosa Valley, Morris DeLee Revocable Trust Owner, Nye County Petitioner(s)-Cont’d. Brian Kunzi advised when it came to abandoning roads the Board of County Commissioners had to make that determination. Kelly Harris from Planning said it was a condition of approval that the owner provides an easement deed for the parcels at the west end to be recorded with the order of abandonment and the right-of-way was not abandoned until the order was recorded. She further stated one of the utility companies requested a 20-foot reserved public utility easement and the other requested a 40-foot easement. She gave the Board an option of a motion to determine which was appropriate.

Commissioner Wichman

made a motion to approve the petition to abandon subject to the conditions outlined in the recommended conditions of approval section of the report, finding that the public would not be materially injured by the proposed vacation or abandonment and that the subject area shall be reserved as a public utility easement 20 feet in width and 10 feet on either side of the center of the existing pole line (approximately 5,280 feet in length); seconded by Commissioner Borasky. Michael DeLee pointed out there was a substantive difference between NRS 403.170 and NRS 278.480, particularly with the easements requested. He suggested that since the pole line had been there at last 40 years there was already an easement in favor of Valley Electric and whatever rights the phone company may have derived by State law and they shared the easement with Valley Electric. He did not think they needed to be given separate easements, but if that was the pleasure of the Board Mr. DeLee wanted it understood it was a controlted access area and just because the easement existed did not mean the public could go there and endanger the project.

Commissioner Schinhofen

opened the public hearing. Mark Duvall from Valley Electric advised they did not find an easement already existing for the property.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS ASSESSOR 18. For Possible Action - Approval of Assessor’s Office Change Reguest

Commissioner Carbone

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

Commissioner Wichman

was not present. April 1, 2014 BOARD OF COMMISSIONERS 19. 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. 20. 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. 21. 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. 24. For Possible Action Discussion and deliberation regarding participation in the PUCN proceeding on the Integrated Resource Plan for Utilities Inc. of Central Nevada, Docket No. 14-02043. Darrell Lacy advised the Water District Governing Board discussed this at a special meeting and chose to only participate as a commenter, not as an intervener. Since the County was currently in the middle of a groundwater management plan update as well as a Pahrump master plan update for the planning and zoning process, Mr. Lacy said the County would want to intervene just to have a seat at the table to make sure the projects they were looking at doing were consistent with the plans of the County. He added this had to be filed for by tomorrow.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Cox.

Commissioner Cox

asked if Commissioner Carbone wanted to put in his motion whether the County would be an intervener or a commenter.

Mr. Lacy

explained a commenter only had the ability to submit comments while an intervener could present evidence and participate and would also require attorney involvement.

Commissioner Carbone

amended his motion to be an intervener; Commissioner Cox amended her second.

Commissioner Borasky

commented on the costs involved to have an attorney representing the County. April 1,2014 24. For Possible Action Discussion and deliberation regarding participation in the PUCN proceeding on the Integrated Resource Plan for Utilities Inc. of Central Nevada, Docket No. 14-02043.-Cont’d.

Commissioner Wichman

was present. Wendy Barnett from Utilities, Inc. said intervening on an IRP was the best place if the County wanted to be one of the participants in what drove the rates. She created this IRP with community comment and welcomed the Board’s intervention in the docket.

Commissioner Wichman

said this did not need any kind of approval as she was just letting the Board know about the letter. She received several phone calls from individuals who did participate in the working group who offered for Nye County’s continued participation to bring their next meeting to Pahrump. Commissioner Wichman said she would continue to participate and that this was an extremely beneficial group for anyone who was trying to get their feet underneath them with this job. 23. For Possible Action Discussion and deliberation regarding a Bureau of Land Management Competitive Oil and Gas Lease Sale, Battle Mountain District, Nevada.

Commissioner Wichman

stated a public petitioner brought this to her attention. There was concern out of the Reese River area about some of the leases that had been put up for sale over the potential for water pollution. She explained BLM planned to offer oil and gas leases in northern Nye County and it complied with the County’s comprehensive land use documents. The applicant was demanding the proposed leases be terminated as they may result in some future catastrophic action.

Commissioner Wichman

was aware of a situation in Pennsylvania and a couple of other places where groundwater has been polluted, but she believed it was because of the lack of regulations with fracking and that the water reinjection wells were too shallow. Based on conversations she had with several people in the water and mineral industries, and the fact that the County was now aware of this action, Commissioner Wichman recommended that the County continue to watch and learn but take no action at this time. Darrell Lacy said this was the actual environmental assessment to identify potential lands available for a lease sale, which did potentially include very large areas within Nye County. He suggested the Board look at special use or conditional use permits for the activities to avoid the issues created when the transmission lines were built in the eastern part of the County. April 1,2014 23. For Possible Action Discussion and deliberation regarding a Bureau of Land Management Competitive Oil and Gas Lease Sale, Battle Mountain District, Nevada.-Cont’d.

Commissioner Wichman

made a motion to set the date and time as May 6, 2014, at 10:45 a.m.; seconded by Commissioner Carbone; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. 26. For Possible Action Discussion and deliberation regarding a Contract with George N. Benesch for professional legal services associated with consultation and evaluation of protests to Cooperative Water Project Applications and other water related matters that may impact Nye.

Commissioner Schinhofen

said this gentleman was used for other issues besides the Water Board and there was a $15.00 per hour rate increase.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Cox

asked if items like this had to go out to bid. Commissioner Wichman said no as it was a professional service.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. FINANCE 28. For Possible Action Discussion and deliberation regarding RFP # 2014-02 Scrap Metal Disposal for the Tonopah Landfill.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. INFORMATION TECHNOLOGY 29. For Possible Action Discussion and deliberation regarding an agreement with Wave Direct to supply 20 Mbs of Internet bandwidth from Pahrump. Milan Dimic, IT Director, explained the original purpose of this was to address the problems with the Granicus feeds. He had also been in contact with the School Board about getting them on the County’s microwave system and renting tower space to them, which would create an income stream. The cost would be about an extra $400.00 per month, which his budget could absorb.

Commissioner Carbone

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

Commissioner Wichman

requested an update on the Smoky Valley corn site as soon as

Mr. Dimic

could get it to her.

Commissioner Wichrnan

made a motion to approve subject to the conditions outlined in the conditions of approval section of the report; seconded by Commissioner Borasky; 5 yeas. April 1,2014 31. 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. 2014— 15: an ordinance amending Nye County Ordinance No. 450 to increase the maximum potential generating capacity of the Sunshine Valley Solar Power Plant from 65 mega-wafts to 110 mega-watts (ac); providing for the severability, constitutionality and effective date hereof; and other matters properly related thereto; and 2) Read the title of the Bill into the record.

Commissioner Wichman

made a motion to set the date and time as May 6, 2014, in Tonopah at 10:45 a.m.; seconded by Commissioner Carbone; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. 32. 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. 2014-1 4: a Bill proposing to amend Nye County Code Title 8, Health and Safety, by adding Chapter 8.42 “Medical Mariluana Establishments,” setting forth the procedures and regulations for Special Use Permits for the operation of Medical Marijuana Establishments within Nye County; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and repealing Nye County Bill 201 3-31; and 2) Read the title of the Bill into the record. Brian Kunzi said this would be brought back in two weeks as it had gotten complicated since it was visited last time. He explained the best way of approaching this was to put all medical marijuana establishments on the same special use permits rather than conditional use permits so it would apply equally both in the PRPD and outside. In the interim, he had also learned from the State that they would grant the registrations from the State on a first come/first served basis based on who went through the local process first. Mr. Kunzi said more time was needed to bring back a completed version with a process for the ability to do a competitive analysis of all the applications at one time. This would allow the County Commissioners to control who, where, and the conditions under which the establishments would be allowed and not leave it to the State.

Commissioner Borasky

was not present. Bradley Berthold suggested for a greater interaction between the Board and general comment that a time allotment be allowed during the meetings for the Commissioners to address specific public comments made without them being necessarily agendized. April 1,2014 Robert Adams stated the Public Land Advisory Board meeting was tonight at 7:00 p.m. at the Bob Ruud Center.

Commissioner Carbone

said Amargosa Days was May 9, 2014, in Amargosa Valley.

Commissioner Schinhofen

said the Wild West Extravaganza and Bluegrass Festival would be at Petrack Park on May 2-4, 2014. Sam Merlino advised she was having a really difficult time getting election workers for the Round Mountain areas and Beatty. She just received approval this morning to make those absent mailing precincts for this election. There were certain posting requirements before she could do that and she wanted to make sure the communities were comfortable with it. Mrs. Merlino said she would put it on the agenda for public comment and hoped the communities would be happy to have mail-in ballots rather than traveling to town for early voting. If she got approval, she would also go forward in November if everyone liked it.

Commissioner Schinhofen

reminded everyone of the budget workshop at 1:00 p.m.

Commissioner Schinhofen

adjourned the meeting. APROVED this ATTEST: Of ,2014. Chir Nye Cunty Clerk I Deputy