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Public meetings / Board of County Commissioners

April 22, 2014

126 turns, 126 with a named speaker, under 26 agenda items. The words and the names are the county clerk's.

3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will

Mr. Dolby

advised the Town Board voted at the last general meeting 4-0 recommending Bob Little. Dean Brooks shared his recent experience at the Bundy Ranch and the situation there involving the BLM. He encouraged everyone who could to visit the ranch and show their support of the Bundys. Herman Lewis mirrored Mr. Brooks’ comments regarding the Bundys. He felt the Commissioners needed to also show their support of the Bundys as an elected representative of the people would lend credibility to the effort. Horace Carlyle questioned how the Commissioners could support any action taken outside of the legal process to rectify the situation at the Bundy Ranch.

4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye

Commissioner Wichman

clarified her statement under item Sin the Match 18, 2014, minutes. It was not that no one had commented on the toad projects during public hearings, but rather that people had spoken in support of the project, not against it.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. TIMED ITEMS

9. 10:00 Presentation by National Weather Service Representatives to recognize

Mr. Payne

advised the Sheriff’s Office had established a Code Red Program. He encouraged all residents to get on the Sheriff’s Office Web site and sign up for the program to be contacted in the event of a weather emergency. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Cox

said Valley Electric Association would have their 2014 annual meeting Saturday, April 26, 2014, starting at 11:00 a.m. at the Pahrump Valley High School, and the NCRCC would hold their monthly meeting Saturday at 10:00 a.m. at the Republican Headquarters on Highway 160.

Commissioner Wichman

expressed her thanks to Connie Stinson for her contributions to the Gabbs community as a first responder and a board member. Ms. Stinson recently resigned.

Commissioner Borasky

said on April 25-26, 2014, the 16th Annual Biz Expo would be at The Nugget. Also, on Thursday, May 1, 2014, from 9:00 a.m. to 3:00 p.m. in The Nugget parking lot a National Day of Prayer gathering would be held and the organizer requested to have as many people there at noon as possible.

Commissioner Schinhofen

said the Wild West Extravaganza and Bluegrass Festival would be May 2-4, 2014, at Petrack Park. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’/Manaqer’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)

Commissioner Carbone

thanked everyone who supported them at the Bundy Ranch.

Commissioner Wichman

advised she would have a letter on the next agenda to make a formal request to the BLM for a horse round-up in Little Fish Lake Valley. On a recent April22, 2014 7. Commissioners’/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)-Cont’d. trip there she counted 252 horses on a 404,000-acre allotment which was only to have a little more than that. The BLM count indicated only 131 horses there. When asked about the huge discrepancy she was told they used the helicopters to count.

Commissioner Wichman

explained the horses had learned to run for the trees for cover when the helicopter sound showed up and then the BLM did not count them because they were on the Forest Service ground.

Commissioner Borasky

said on May 6, 2014, the Commissioner candidates would be at The Nugget for a debate.

Commissioner Schinhofen

said he had asked Pam Webster to put out a statement regarding the questions about dispatch which would address all of the concerns and that should be coming out soon. TIMED ITEMS-Cont’d.

10. 1 0:15 Sifting as the Board of County Road Commissioners For Possible

Commissioner Catbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Carbone

opened and closed the public heating. Janice Cullen asked what this agenda item meant.

Commissioner Wichman

explained this was the Nye County minor road project which the County had been working on for over five years. It was brought about by the U.S. Forest Service’s transportation management plan put out in 2006 which left off all the County roads that many of the residents used. The project was to go out and collect all data necessary to claim jurisdiction on a toad. Once that jurisdiction was established, the road could not be closed because it belonged to the County. Commissioner Wichman said the project was coming close to the end as all of the data collection should hopefully be done by July and the files processed through the County by the end of the year. Once complete people could use the GIS portion of the Nye County Web site to find any road they had a question on.

Commissioner Schinhofen

made a motion to adopt Resolutions RC2014-121 through RC2014-160; seconded by Commissioner Wichman; 5 yeas. April 22, 2014 SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

15. For Possible Action - General road report by Public Works Director

Commissioner Wichman

asked if Mr. Fanning had a chance to look at the craters in Manhattan. Mt. Fanning said he did not, but he did talk to Tim Carlo. Mr. Carlo had received 1,200 tons of cold mix and they would try to schedule a couple loads to take up there.

Commissioner Wichman

asked for an update on the request for a roll-off out at the CurranUDuckwater area. Mr. Fanning advised he called Pat Knight three times since her e-mail and had not heard back. He did have the paperwork started and wanted to talk to Vance Payne about placement as well as meet with Ms. Knight.

Commissioner Wichman

thanked Mr. Fanning for the curve signs on Taquima Range Road.

Commissioner Schinhofen

thanked Mr. Fanning for taking care of Badlands.

Commissioner Cox

asked Mr. Fanning to look at Sloan coming down from Blagg as it had huge holes in it. Mr. Fanning said he would look at it and see if that portion had been dedicated as a County road as some portions of it were not.

Commissioner Cox

asked about the status of the lights on Highway 160 down by Basin.

Mr. Fanning

said he would follow up on it.

Commissioner Cox

said she had gotten a request from a gentleman in Beatty who was still having a problem with street addresses. Mr. Fanning explained the functionality of the 911 addressing system and advised that to address the problem in the past two opposing street addresses were put on the corner of First Street close to Montgomery. He said if there was another street intersection Commissioner Cox was referring to he would like to know so he could rectify that as well. Commissioner Cox said she would send him the gentleman’s e-mail address so Mr. Fanning could speak directly with him.

16. For Possible Action Discussion and deliberation to set a date, time, and

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as May 19, 2014, at 10:15 a.m. in Pahrump for Resolutions RC2014-201 through RC2014-240; seconded by Commissioner Borasky; 5 yeas. April 22, 2014

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. TIMED ITEMS-Cont’d. 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to - — adopt, amend and adopt, or reject Nye County Bill No. 2014-Of: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by removing “Commercial Kennel” as a use allowed by Conditional Use Permit in the RE-I (Rural Estates Residential I-acre minimum parcel size) and RE-2 (Rural Estates Residential 2-acre minimum parcel size) zoning districts; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Bill No. 2014-01 as recommended by the RPC effective May 12, 2014; seconded by Commissioner Carbone; 5 yeas. 12. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 201 4-06: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending Section 1 7.04.905 Grandfathered Uses, to allow the expansion of grandlathered residential dwelling units and allow residential accessory buildings and structures to be added to grandfathered residential uses in commercial and industrial zones without the requirement to obtain a conditional use permit; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Schinhofen

opened the public hearing. Sam Jones felt anybody that owned their own property should be able to add to it or take away from it any time they chose and should not need to pay the government anything, including Nye County, for a conditional use permit. He felt the Commissioners should reject the bill.

Commissioner Schinhofen

closed the public hearing. Bobby Lewis, Planning Director, explained this bill would relax the zoning code a little for those residents who wanted to expand their existing house. If they were commercially zoned they could do that without going through the process of a conditional use permit.

Commissioner Borasky

made a motion based on staff recommendation to adopt with an effective date of May 12, 2014; seconded by Commissioner Wichman. April 22, 2014 12. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 201 4-06-Cont’d.

Commissioner Cox

noted that none of these restrictions would apply to anything that was developed before 1998.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

said he would like to continue the public heating due to the number of changes needed.

Commissioner Carbone

made a motion to continue the public hearing to the next Pahrump meeting; seconded by Commissioner Cox; 5 yeas. 14. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 2014-08: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending the Village Residential yR-JO and VR-20 Zoning Districts to allow guest residences as permissive uses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Schinhofen

opened the public hearing. Michael Noyes asked for more elaboration.

Commissioner Schinhofen

closed the public hearing. Bobby Lewis advised this would allow a guest residence in VRI 0 and VR2O, similar to what was allowed in Mountain Falls, and also relaxed the current regulations.

Commissioner Carbone

made a motion to adopt with an effective date of May 12, 2014; seconded by Commissioner Cox; 5 yeas. April 22, 2014 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN AND RAILROAD VALLEY BEATTY

17. For Possible Action Discussion and deliberation regarding the purchase of

Commissioner Wichman

made a motion to approve Tytre Lighting as the most responsible and responsive quote for the lighting for the Beatty mural in the amount of $5,442.00 funded from 24401, Beatty General Fund; seconded by Commissioner Borasky; 5 yeas.

18. For Possible Action Discussion and deliberation regarding the installation of

Commissioner Carbone

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

19. For Possible Action Discussion and deliberation regarding a Fireworks

Commissioner Wichman

made a motion to approve the fireworks merchandise contract and purchase order with Lantis in the amount of $11,000.00 funded from 24401, Beatty Volunteer Fire Department, and 24220, Beaffy Town Tourism Fund; seconded by

Commissioner Borasky

; 5 yeas. SITTING AS 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.

20. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 20-25; seconded by

Commissioner Borasky

; 5 yeas. April 22, 2014

21. For Possible Action Approval to set the date and location of the second

Commissioner Wichman

made a motion to approve items 20-25; seconded by

Commissioner Borasky

; 5 yeas.

22. For Possible Action Approval to apply for the Nevada Aging and Disability

Commissioner Wichman

made a motion to approve items 20-25; seconded by

Commissioner Borasky

; 5 yeas.

23. For Possible Action Approval of Amendment One to the Interlocal Contract

Commissioner Wichman

made a motion to approve items 20-25; seconded by

Commissioner Borasky

; 5 yeas.

24. For Possible Action Approval of a 2015 Agreement to use account for Low

Commissioner Wichman

made a motion to approve items 20-25; seconded by

Commissioner Borasky

; 5 yeas.

25. For Possible Action Approval to apply for the 2014 US Department of Justice

Commissioner Wichman

made a motion to approve items 20-25; seconded by

Commissioner Borasky

; 5 yeas. BOARD OF COMMISSIONERS

29. AB227 Task Force Update

Commissioner Wichman

said the back-up contained a lot of information from February. During the March 28, 2014, meeting the task force started making some action votes where they decided on a phasing process, which lands to transfer, and which lands to exclude. That update would be on the next agenda. April 22, 2014

32. For Possible Action Discussion and deliberation regarding ratifying a

Commissioner Schinhofen

stated this was just to ratify a resolution the Board had previously approved. It was sent to him as the Board directed to see that it adequately reflected what was agreed to in that meeting and he had signed it.

Commissioner Borasky

explained he asked to have this item put back on the agenda. Some members of the public felt they did not have adequate notice to speak on it and he wanted to provide them with that ability. He said he did get something back from the LCB as to whether the County could do this or not. The legal advice was that it could and the only outstanding thing right now was the issue of the County having it within seven miles of the town. Commissioner Borasky said as long as the County would not have a district in that area he would like to reaffirm it. He noted all costs would be borne by Spring Mountain Raceway and not Nye County taxpayers since there seemed to be some misconception on that and he wanted to make that perfectly clear.

Commissioner Borasky

made a motion to ratify the resolution.

Commissioner Wichman

understood this would be handled through an enterprise fund and would not come out of the County coffers. As this was a resolution that only showed intent, she asked if this would come back in the form of a development agreement.

Commissioner Schinhofen

said that was on the agenda to set a date, time and location.

Commissioner Wichman

asked that this be heard and veiled through the Water District and their recommendation brought back to the Board before it was finalized.

Commissioner Wichman

seconded the motion to ratify the resolution. Gary Hollis with Hollis Consulting thought this was a good project and would give the County standing with the other water utilities in front of the PUC. Kenny Bent provided the history of the item, starting with the teleconference that adopted the resolution presented in concept by the District Attorney. Since there was contention from the public as to how it was done, a letter had been submitted to the Legislative Counsel Bureau and it was hoped answers to the questions submitted were received before this item came back. He said he was against the ratification of the resolution and hoped the Commissioners voted against it. John Bosta understood this project was not being developed under the PUC, but the County was not doing the construction on it either. The racetrack was. He thought this was a clever way of circumventing the fact the people had to develop this under the direction of the PUC. April 22, 2014 32. For Possible Action Discussion and deliberation regarding ratifying a resolution to obtain water and sewer utility facilities and to operate said utility for Spring Mountain Motorsports Ranch.-Cont’d. Dwight Lilly stated his opposition. He did not believe the County should be involved in owning, developing or operating any type of utility system and thought this should be put to the voters as to whether they wanted to move forward with the ultra-development. Sam Jones said if Spring Mountain Motorsport Ranch wanted to build a water and sewer facility they should build it on their property and run it themselves. It was not the County’s job. Dave Caudle said he was speaking as a private citizen, not as a member of the Groundwater Management Committee. He noted this was simply a formality as it was signed and passed, so anything said today was not really going to matter. However, he still thought it violated NRS 318.15, which stated the provisions of that chapter were not intended to provide a method for financing the cost of developing private property. Mr. Caudle understood the facility would be built on the fairgrounds, so once they built it and handed it to the County the taxpayers would pay for its maintenance and operation. He said it only benefitted the racetrack, not any of the taxpayers in the valley, and the County should not be involved in any kind of utility.

Commissioner Wichman

said she was the one Commissioner missing during the conference call. It was properly noticed and just because she was missing did not mean she gave her support or withheld it. She also wanted people to understand Nye County already operated 17 water systems throughout the County.

Mr. Caudle

said that also on the agenda were changes to the Code for the distances between buildings and he assumed that this new development was going to sandwich houses together and put them closer than what the current Code was. If that was true then the County was doing things to facilitate their development. As far as the location of the utility he felt it should be on the racetrack, not across the highway. Regarding the County’s standing with the PUC, Mr. Caudle said the County already had that, but this utility would not come under the PUC. He also wondered where all the new, pending developments would get their water. He said the Board needed to reconsider this. Don Cox said this should be tabled and done away with as it was not the thing for the Board of County Commissioners to be doing. Kristian Bentzen said lithe cost of the utility ended up being more than what was coming in to run it, that cost would fall back on the taxpayers. He did not believe the government should be in the utility business and should stop expanding. Shane Navara said the government had no need to be in business. He felt if a projection could not be done showing how many jobs would be created, how many years the facility would be in operation, and the detriment if it was not self-sustaining April 22, 2014 32. For Possible Action Discussion and deliberation regarding ratifying a resolution to obtain water and sewer utility facilities and to operate said utility for Spring Mountain Motorsports Ranch.-Cont’d. then the County should not be thinking about doing it. If the facility could not support itself then the taxpayers should not support it. Wendy Barnett from Utilities Inc., said this was not the jurisdiction of Nye County. She had not seen the response from the Legislative Counsel Bureau regarding the authority, but believed it was the jurisdiction of the Water District. She did not think Nye County should be serving an island in Pahrump and knew the PUC was against that as well. Priscilla Lane said she was against it and that more investigation and research were needed before anything was signed. Michael Noyes thought it should be left in the private sector. He questioned what would happen if too much water was drawn out, as well as what the impact would be to private wells and water tights. He also questioned the legality and the cost to the taxpayers. Dean Brooks said government should not be in private industry and enterprise and this was just an attempt by Nye County to get complete utility control in the County. Herman Lewis asked if the wells ended up metered because the aquifer ran low due to all of the development if the County would then claim that it owned the water being pulled by the private wells. Gary Bergman said there was a paragraph that was to be in all resolutions stating that any such regulation, restriction and control must take into account potential impairment of natural resources and the total population supported by those resources without unreasonable impairment. He wondered if that was included. He further advised that the facility would have to be built according to prevailing wage law otherwise there would be a lawsuit. Tern Nelson said she would like to see the wells remain unmetered and protected. Carole Fucillo said she knew that down the road this was going to be a trickle effect and people like herself who came here to retire and serve the community would not be able to pay the payments that would come down the road. She said she was present on behalf of many people, including her, who did not want to see this happen.

Commissioner Schinhofen

closed public comment.

Commissioner Schinhofen

noted the resolution was already passed and this was just to ratify it. A date, time and location would be set for a development agreement which would state whether or not it would be on the fairground. It also had to go before the April 22, 2014 32. For Possible Action Discussion and deliberation regarding ratifying a resolution to obtain water and sewer utility facilities and to operate said utility for Spring Mountain Motorsports Ranch.-Cont’d. town board to see if they would allow that. He spoke of the benefits of the jobs and other people coming and spending their money in Nye County, as well as the tax base.

Commissioner Wichman

stated since four of the Commissioners were from the community she would withdraw her second because the people in the community needed to make these decisions, not her.

Commissioner Carbone

said he approved this the first time around. Knowing it was already signed, his biggest concern was the issues that would arise if in fact it moved away from the racetrack. That was not totally decided yet and until all the other meetings were held it was unknown if there would even be a sewer system.

Commissioner Carbone

seconded the motion to ratify the resolution.

Commissioner Cox

questioned why this item was not on a regular agenda initially. One reason she did not support it was she had absolutely no back-up and no resolution. It was also not a unanimous vote as she voted against it and Commissioner Wich man was not present. Commissioner Cox said she would not support ratifying it and did not feel it was the best thing for the community overall. She asked Board members to reconsider this as it did not benefit anyone except the developer.

Commissioner Cox

was not present.

Commissioner Wichman

made a motion to go into closed meeting; seconded by

Commissioner Borasky

; 4 yeas. 27. 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. The Board was in a closed meeting. April 22, 2014 28. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

47. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set the date, time and location as May 19, 2014, at 11:00 a.m. in Pahrump; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

read the title of the bill into the record.

48. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set a date of May 19, 2014, at 11:00 a.m. in Pahrump; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. April 22, 2014

49. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set a date, time and location 01May19, 2014, at 11:00 am. in Pahrump; seconded by Commissioner Borasky; 3 yeas. Commissioners Carbone and Cox voted no.

Commissioner Wichman

read the title of the bill into the record.

50. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set a date, time and location as May 19, 2014, at 11:00 a.m. in Pahrump; seconded by Commissioner Borasky. John Bosta asked the Board to take a look at the definition of a marijuana establishment. Commissioner Carbone said he would look at that.

Commissioner Wichman

and Brian Kunzi asked Mr. Bosta to forward his questions and information to them as well.

Commissioner Wichman

read the title of the bill into the record. April 22, 2014

52. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set the date, time and location as May 19, 2014, at 11:00 a.m. in Pahrump; seconded by Commissioner Borasky.

Commissioner Wichman

asked the significance of the 2016 date. Brian Kunzi explained that was the date under the state law, if they did not amend it, regarding the right to grow marijuana.

Commissioner Wichman

read the title of the bill into the record. April 22, 2014

53. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Carbone

made a motion to set the time, date and location as 11:00 a.m. in Tonopah on May 6, 2014; seconded by Commissioner Wichman; 5 yeas.

Commissioner Carbone

read the title of the bill into the record. BOARD OF COMMISSIONERS-Cont’d. 30. For Possible Action Discussion and deliberation regarding a Proclamation recognizing May 1, 2014 as a National Day of Prayer.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 31. For Possible Action Discussion and deliberation regarding a Resolution in support of the limited powers of the U.S. Constitution and Governor Brian Sandoval’s support of the free exercise of the First Amendment. Michael Noyes asked why the Commissioners were affirming an already existing and established law.

Commissioner Borasky

said it was because of the recent events at the Bundy Ranch which he took great offense to.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman. At the request of Commissioner Cox, Commissioner Borasky read the resolution to the audience.

Commissioner Carbone

explained the version covered what to do with the alternates and how to handle the meeting from the standpoint of working with the committee and the people in the audience. He said a piece on ethics needed to be added, but anything could be modified or changed and brought back to the Board. Commissioner Carbone said his motion for this would be to give the bylaws to the Groundwater Management Committee and it would be up to the rest of the Board if they approved that or not.

Mr. Bentzen

agreed that a set of bylaws was needed to guide the committee. Brian Kunzi was not present. Tim Hafen said he had found that generally bylaws like this created arguments and nothing was ever settled. He voiced his concerns with various parts of the bylaws. John Bosta thought a set of bylaws was needed because right now the chairman was running the meeting the way he wanted to, including only three minutes to speak and once someone had spoken they could not speak again. With Robert’s Rules of Order if someone had standing they could talk as long as they wanted to, but Mr. Bosta cautioned that one needed to be very careful of Robert’s Rules of Order because a person could tie up a meeting for days. He said there needed to be some structure and he supported that. April 22, 2014 33. For Possible Action Discussion and deliberation regarding bylaws for the Groundwater Management Advisory Committee.-Cont’d. Kenny Bent said as it was written he thought some of it was a little excessive, but from the nature of the advisory board it did need some structure and ground rules.

Commissioner Schinhofen

closed public comment.

Commissioner Schinhofen

noted this was voted on by the committee and they decided they did not need it. He was not in favor of imposing rules on them and did not want to see this committee sit for more than a year.

Commissioner Wichman

said in light of the comments regarding government overreaching its authority it seemed Nye County was doing the same thing here. She did not have a problem with them having bylaws, but without a recommendation from the committee in the back-up she was not comfortable becoming that overreaching authority. Commissioner Wichman was more interested in content than form and did not want to limit the imagination of the group. Pam Webster advised she had heard from the committee that they liked specific pieces of the bylaws. She suggested the Board might consider voting to submit this to the committee and see if they could edit it to a level that worked for them.

Commissioner Cox

also felt the committee needed to have some structure.

Commissioner Carbone

said the point was that there were some things that needed to be addressed and he hoped the committee would reconsider some things that they needed to do.

Commissioner Wichman

suggested that since Commissioner Carbone was the liaison it might be helpful to bring updates to the Board of County Commissioner meetings.

Commissioner Carbone

explained this item related to the six-month grace period granted to submit a request for a permit when the moratorium on impact fees was lifted. Issues had arisen due to the number of applications submitted.

Commissioner Carbone

made a motion to suspend the rooftop impact fees until the end of the calendar year and during that time look at what they could be used for other than what they were qualified for today if the fee was put back in place; seconded by

Commissioner Borasky

. April 22, 2014 34. For Possible Action Discussion & deliberation regarding Rooftop Impact Fees for calendar year 2014.-Cont’d. Don Cox said impact fees were created for big cities, not outlying towns like Pahrump, and they would not help the County. He would like to see the impact fees go away and stay away.

Commissioner Schinhofen

noted that without impact fees the improvement to the Homestead intersection to Gamebird Road could not have been done, as well as the Manse Road improvements and a multitude of other items.

Commissioner Wichman

stated she had nothing in the back-up to read or understand and she would not to vote on something that she did not have any information on.

Commissioner Carbone

explained the reason he put this on the agenda was when the moratorium was lifted there were more applications than expected, a few of which had some issues with the County. In order to not have a finger pointing situation as to why they were late, he decided to bring it back and take those same impact fees that were suspended the year before last and suspend them again until the end of the year.

Commissioner Wichman

suggested bringing back the information that was on the agenda when it was done the first time so the Commissioners could look at it, understand it, and take some time to think about it.

Commissioner Cox

felt if the County did not have the impact fees it would encourage more business growth here and she would support doing away with any impact fees.

Commissioner Wichman

asked staff to prepare something for her to tell her what she voted on and what just passed. 35. For Possible Action Discussion and deliberation regarding a Resolution in support of ranching in Nye County. Comm issioner Schinhofen read the resolution into the record to correct certain typographical errors and add language.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 5 yeas April 22, 2014 23. For Possible Action Approval of Amendment One to the Interlocal Contract for Medical, Core, and Support Services for HIVIAIDS Infected and Affected Clients in the Las Vegas, Ryan White, Transitional Grant Area for additional service of Food Ban klHome Delivered Meals Standards of Care.-Reopened.

Commissioner Carbone

made a motion to reopen item 23; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

advised he was told that instead of Health and Human Services the contract should read that Nye County would administer the grant.

Commissioner Carbone

made a motion to change the name from Health and Human Services to Nye County to manage the grant; seconded by Commissioner Borasky; 5 yeas. SHERIFF 36. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit for the Town of Round Mountain. Dan Sweeney. Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. TREASURER 37. Treasurer’s Report The report was in the back-up.

Commissioner Carbone

asked the Treasurer to be present at the next meeting. COUNTY MANAGER 38. Ongoing Project Report

Commissioner Wichman

asked what ordinance established the account for the public improvement fees. Pam Webster said it was probably a resolution and she would get it for Commissioner Wichman.

Commissioner Carbone

asked about the Gabbs Volunteer Fire Department being critical. Vance Payne explained the volunteers on the EMS and fire services had beeftmet with a lot of objection with a lot of the people mainly because of age. There were about eight people max doing any of the emergency responses and of those probably four of them April 22, 2014 38. Ongoing Project Report-Cont’d. were regular so by Mr. Payne’s estimation he saw them at a critical juncture. He would keep the Board updated on the situation. 39. For Possible Action Discussion and deliberation to surplus and sell excess Nye County personal property that is no longer in use.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. Kristian Bentzen reminded the Commissioners of his request to buy the bulletproof vests and the reasons given why he could not. He thought those vests fell in to the excess property criteria and could help with the budget issues. FINANCE 40. Budget to Actual Expenditure Report The report was in the back-up. 41. Budget to Actual Revenue Report The report was in the back-up. 42. Budget to Actual Fund Balance Report The report was in the back-up. 43. For Possible Action Discussion and deliberation regarding RFQ #2014-05 — — Substance Abuse Treatment Service Counselor: 1) the response from WestCare Nevada, Inc.; and 2) execute the agreement.

Commissioner Carbone

made a motion to approve and award to WestCare Nevada Corporation; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

noted the funding would be from 10340, Grants. 44. For Possible Action Discussion and deliberation regarding a Cooperative Agreement with the State of Nevada Department of Taxation to perform all functions incident to the administration or operation of the tax in the County.

Commissioner Wichman

made a motion to approve the Cooperative Agreement with the State of Nevada Department of Taxation to perform all functions incident to the administration or operation of the tax in the County; seconded by Commissioner Borasky; 5 yeas. April 22, 2014 45. For Possible Action Discussion and deliberation concerning a request to set a date, time and location for a Public Hearing for approval of Final Budget for Fiscal Year 2014-15.

Commissioner Schinhofen

said he would like to see this on May 6, 2014, in the form of a workshop.

Commissioner Wichman

made a motion to include a workshop on May 6, 2014, in Tonopah with the details of this prior to having the meeting on Monday, May 19, 2014, as dictated by law at 10:00 a.m. in Pahrump; seconded by Commissioner Borasky; 5 yeas. HIR AND RISK MANAGEMENT 46. For Possible Action Discussion and deliberation to authorize the Human Resources Manager to administer benefit and voluntary deduction plans. Danelle Shamrell, Human Resources Manager, explained that currently the Board gave authorization for anything the employees could participate in. This would allow her to administer things once that approval was given.

Commissioner Wichman

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

54. GENERAL PUBLIC COMMENT (second)

Commissioner Wichman

stated most of those opinions were voiced by the public and none of the actions taken by the Board were against the law. She asked Mr. Carlyle to please make the distinction between public comment and the actions of the Board when speaking of doing things illegally. April 22, 2014

55. ANNOUNCEMENTS (second)

Commissioner Schinhofen

advised that Humboldt County adopted Nye County’s amended resolution yesterday on a 3-2 vote, so a majority of counties now supported the resolution calling on the NRC and DOE to move forward with the licensing and letting the science be heard on Yucca Mountain.

56. ADJOURN

Commissioner Schinhofen

adjourned the meeting. APPROVED this I 7 day ATTEST: Of____ Chair ‘“ Nye tou’ty Clerk / Deputy