June 3, 2014

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. Brian Kunzi said his office had not looked at any contract associated with this and they needed to make sure there was a hold harmless and indemnity provision that protected the County.

Commissioner Wichman

amended her motion to reflect that; Commissioner Borasky amended his second. Bryan Wulfenstein explained this was a test section of a maintenance type-nature along the lines of a perpetual pavement. There was an infrastructure in the town of roads that had been chip sealed over the last 10-15 years, but now it was getting to the point that something needed to be done to preserve the infrastructure. Mr. Wulfenstein said they were proposing a test section of a thin lift asphalt that would go on top of an existing chip sealed or paved road at no cost to the County. Dave Fanning, Public Works Director, said Commissioner Cox asked that they look into this back in January. One of the intersections she brought up was Calvada and Pahrump Valley and that was where this test strip would be applied. They would then look at Calvada and Blagg and then start working on intersections that might have the same or a little bit less ADTs on them.

Commissioner Carbone

asked about the material that would go down before the asphalt. Mr. Wulfenstein advised the bonding agent was a tack coat oil applied to the surface after it had been cleaned and grinded. June 3, 2014 38. For Possible Action Discussion and deliberation to accept Wulfenstein Construction Company’s offer to install a test section of asphalt Super Pave material on a portion of road in the Pahrump area at no cost to the County. Cont’d.

Commissioner Cox

said on page 9, Jose Diaz should be Jose Telles, and on page 10 Carl Jones should be Art Jones.

Commissioner Wichman

made a motion to approve: seconded by Commissioner Carbone with the noted changes; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Wichman

said the Tonopah Conservation District would sponsor a public gathering at the Convention Center at 5:30 p.m. tomorrow to hear the public’s questions, concerns and support for the draft report that would be presented to the Legislative Committee on Public Lands by the AB227 Task Force. The same public opportunity would be in Pahrump at 4:00 p.m. on June 16, 2014, at the Commissioners’ Chambers. The comments from the two meetings would be taken back to the task force and the final report would then come before the Board of County Commissioners for ratification in August.

Commissioner Borasky

reminded everyone about the 4th of July parade.

Commissioner Schinhofen

said on June 7, 2014, from 2:00 p.m. to 10:00 p.m. there would be a fundraiser at Draft Picks for a local student with leukemia. 6. For Possible Action Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Carbone

asked if the separate account for the funds for the veteran’s service officer had been set up. Pam Webster said it was sitting in a separate June 3, 2014 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. department called Veterans Affairs and the manner in which that budget would be expended was up to the Commissioners to determine. She could bring forward an agenda item with some alternative methods. She also knew some of the Commissioners had met with some groups and if they would bring that information to her she could incorporate that into the agenda.

Commissioner Carbone

asked if the letter of support had been sent for Rubber Nuggets. Mrs. Webster said yes.

Commissioner Carbone

then addressed some items that had been in the paper. He said the Commissioners did not get a raise, although Commissioners Wichman and Borasky did get the longevity increase they were entitled to per statute. Regarding the sales tax and the Town of Pahrump not getting its share, Commissioner Carbone stated that revenue was not diverted from the Town by the County and that the taxes had not even come in yet.

Commissioner Cox

said there was a gentleman who made comments at the last town board meeting that indicated the Commissioners had taken away 5% of the employees’ pay, which was not true. The departments were cut by 5%. She added that the Commissioners also did not get a 5% increase in pay. Regarding the phantom 5% pay increase to the Commissioners, Commissioner Borasky stated he spoke out in the budget meeting that the 5% was across the board and he considered that for Commissioners also. He officially requested again that his pay be cut 5% to match what the employees were going to have to put up with.

Commissioner Borasky

asked if the best possible transition team was being put together for the transition away from the way the town government was today to the way it would be on January 5, 2015. Mrs. Webster said yes.

Commissioner Wichman

said she would bring forward some resolutions adopted by the State Land Use Planning Advisory Council for an update. Also, Commissioner Wichman said any time the employees in Nye County accepted a furlough or a cut in their pay she did the same at the same percentage. When the employees were forced to take a furlough, she would take the equivalent out of her paycheck and keep working.

Commissioner Schinhofen

stated he also cut his pay the last time the furloughs were taken and he had already instructed the County Manager to keep his increase.

Commissioner Cox

asked for an update or timeframe for either privatizing the animal shelter in Tonopah or bringing a volunteer program forward. Mrs. Webster advised that since Vance Payne and Tim McCarty were working on a reconstruction of the June 3, 2014 7. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Cont’d. ambulance service in the north and they would have a presentation, she had not pursued privatization to give them time to put something together. TIMED ITEMS 8. 10:00 For Possible Action Presentation regarding the status of Rural Desert - - Southwest Brownfields Coalition activities across the Coalition area and in Nye County, and discussion and deliberation of the Rural Desert Southwest Brownflelds Coalition Area Wide Plan. Levi Kryder presented the results of the Rural Desert Southwest Brownfields Coalition (RDSBC) grant and the work accomplished with that. He also asked for comments on the area wide plan and ultimately approval of the plan.

Mr. Kryder

provided the history of the RDSBC, a five member coalition consisting of Esmeralda, Nye, Lincoln, and White Pine Counties in Nevada and lnyo County in California. He displayed a table showing the measures of success used to assess what they had done, focusing on the phase I environmental site assessments. They had projected doing 20 and actually accomplished 31, 22 of which were in Nye County. Those parcels in Nye County included Mountain Falls Gateway, the Pahrump Utility Company, and the Tonopah Airport FBO Building. Additional sites of interest as possible Brownfields sites included the Amargosa Valley Mill Site, ARMSCOR Precision International, the Tonopah courthouse, the NV-Cal Power Company substation, and Willow Creek.

Mr. Kryder

then discussed the area wide plan, its purpose and focus. The plan had undergone two rounds of draft review and was presented to the Board of County Commissioners of each member county for review and comment and they hoped to finalize it in June. An outreach plan was also being developed and should be finalized along with the area wide plan. He then discussed the institutional controls being developed in order to minimize the risk of exposure to potential contamination. An ordinance was being finalized that would require assessment of potentially contaminated properties before they were sold at tax foreclosure auctions. That ordinance if approved would be shared with the other counties as a template for similar ordinances. Pam Webster announced the County was awarded the new assessment grant from Brownfields for $600,000.00 effective December 1, 2014, which would cover phase I and II assessments. Mineral County was also being added to the grant.

Commissioner Cox

asked if this created jobs within the County. Mrs. Webster explained this was only for assessments. That information was then given to the June 3, 2014 8. 10:00 For Possible Action Presentation regarding the status of Rural Desert - - Southwest Brownfields Coalition activities across the Coalition area and in Nye County. and discussion and deliberation of the Rural Desert Southwest Brownfields Coalition Area Wide Plan. landowner and they did the clean-up. She said the County did have a revolving loan fund that would help with that clean-up, but the money needed to be paid back.

Mr. Kryder

said there was a separate Brownfields job training grant that was used to train people from Nye County.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 7. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Reopened.

Commissioner Catbone

added to his comments about items in the paper that he did not believe the County ever said it would not work with the Town or the Sheriff’s Office on their items for the sales tax. BOARD OF COMMISSIONERS 21. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.

Commissioner Schinhofen

advised the State would start accepting applications August 5, 2014. He noted how long the County had worked to get something in place and said he was glad the process started when it did otherwise the County may have been left out of the State timeframe. Brian Kunzi said after the vote at the last meeting he had received numerous questions and he wondered if there was a complete consensus on how to control what was happening. He explained the intent of the bill as originally drafted was for the County to dictate some control over the State with regard to who would actually be given the State registrations. After that bill was passed, the discussion on criteria was held and the decision was basically made that the Commissioners would throw all the applications to the State in some type of a ranking form. Then Mr. Kunzi heard comments that the ranking would control the State and that concerned him because a ranking system would not have any control over what the State did. The State ranking system would dictate what facility received the registration. He thought the question the Board had to decide was whether or not it wanted to control the number of applications submitted to the State or if it wanted to simply leave it as it was from the standpoint of sending all applications that the Board believed met the criteria that was established in the special use permit. June 3, 2014 21. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.-Cont’d.

Mr. Kunzi

further advised that while the statute stated the licenses and SUPs were not required for the State to grant a provisional registration, that registration was provisional on meeting all the requirements under the statute, one of which was that they receive licensing and comply with all the zoning requirements established by the County. lithe applications the County sent to the State were not the State’s number one choice and the County rejected the State’s choice, the question Mr. Kunzi did not know the answer to and was trying to get from the State was if the County would be out or if the State would move to the County’s second choice on the County’s list of acceptable establishments. The Commissioners discussed the different ways to tank the applicants, such as residency in Nye County, experience in the medical field, extensive business in farming, and the benefits to the community, as well as how to determine the points system. Mr. Kunzi said he would not recommend the Board make residency a requirement for what was basically a privilege license.

Commissioner Wichman

suggested developing a matrix. She wanted to avoid spending four days in a Commission meeting listening to presentations of people stating why they were better. She would like the SUP process to provide the Board with the ability to rank by going through the applications or listening to staff recommendation after the Planning Department had gone through the criteria.

Commissioner Schinhofen

said he had been told by many of the potential applicants that they would like to present their plans in a public meeting after they passed the SUP process.

Commissioner Carbone

noted the Commissioners could use the criteria coming out of the State too.

Mr. Kunzi

said the only problem with that was the State was going to apply a very subjective measure. It was setting up a point system, but he did not know that a point system was anything better than the Board considering all of it and making the decision they had to make in their discretion. Also, each one of the Commissioners may have a different view of what the most important issue was, but they had to come to a collective decision as to what they thought was the best order based on the criteria. If the Board wanted to have some control over what the State did, Mr. Kunzi advised that simply passing on all of the applications was not going to do that even in a ranking format. Darrell Lacy, Planning Director, advised he talked to Maria McDade-Williams at the State who said the ranking system would be irrelevant to their analysis as they had a rulemaking that had a point process covering seven criteria, one of which was benefit to the community. Mrs. McDade-Williams did indicate that they would consider anything June 3, 2014 21. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.-Cont’d. the County sent to support their decision making process, but tanking would not help her. She would need a finding of fact or something similar.

Mr. Kunzi

asked the Board to make very specific findings when making their decision so it was something the State could rely on. Unfortunately, benefit to the community was a small part of it and would not be the controlling factor.

Commissioner Borasky

wanted something built in to cover unintended consequences. To Commissioner Cox this was free enterprise and she did not want to get into a situation where the Commissioners were open to someone giving them a bribe by saying they could do for something the community and someone else saying they could do more. If there were not a vast amount of people she would like to see everyone go to the State for a final decision.

Commissioner Schinhofen

believed local government was better to make the final decision as they were closest to the people who would be most affected. He saw this as helping the local community as the applicants would go up anyway. The Board would just say this group had the best plan and would benefit the community most.

Commissioner Cox

shared information submitted by Sandy Tiffany regarding Section 29 of the State regulations which outlined how provisional certificates would be issued.

Ms. Tiffany

also stated that the DAG had previously advised them that they must rank the applications the State received and the local government would have to deny the applicant a second time if that was what it chose to do. Commissioner Cox wondered if the County was just spinning its wheels.

Mr. Lacy

reminded everyone there would be one dispensary for the County. For the other three establishments the applicants would be competing on a statewide basis and there could potentially be more cultivation facilities in Nye County than in Clark County.

Mr. Kunzi

noted the State could issue all the provisional registrations it wanted but no one could get a license without proof from the County they had the SUP. Ultimately the Board controlled what facility came into Nye County through the SUP and licensing process and no one at the State could debate that so at some point the Commissioners did need to have some ranking. Laura Oslund with Nye Communities Coalition wanted the Commissioners to consider as part of the fees a way to take care of the unintended consequences mentioned by

Commissioner Borasky

. Dan Rush said he was the national director of the Cannabis Workers Rising Campaign for the United Food and Commercial Workers International Union, co-chair of the June 3, 2014 21. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.-Cont’d. Berkley Medical Cannabis Commission, and co-architect of the first merit-based application program exercised in the nation, which was the only one exercised without lawsuits and was used to fend off federal scrutiny. He stated there were several processes involved in the merit-based application system that would allow the County to successfully target and license with the State harmoniously if the County’s ranking system was done correctly and he offered assistance with that. Debra Strickland asked Mr. Kunzi if he was only concerned with the dispensary. She did not see ten or less applicants being a problem to send to the State as the State would award as many grow houses as the County could support and that would be merit-based at the State level.

Mr. Kunzi

stated he was not expressing any opinion whatsoever and was just addressing comments made about what the Board wanted to control. There was a big problem with the dispensary as there was only one, but he thought it might be fool’s gold to suggest the County might get more than one grow facility as one may be enough to supply the dispensary it had.

Ms. Strickland

said it was her opinion that the Board should allow all applications to go forward and if they were concerned about a location for a dispensary she understood giving that dispensary ranking. Assemblyman William Home disagreed with Mr. Kunzi’s understanding of how the statute read or how it was designed to work. He said the Board had the absolute tight and authority to issue SUPs and send them forth, however, the State did not accept applications from counties or local municipalities, only individuals or LLCs. While the statute said the State would pick an applicant contingent upon them getting approval from their local jurisdiction, it did not say that approval had to come first. Theoretically someone who did not have the County approval could still file with the State, the State could grant them that license contingent on getting County approval, and they could come back next year as they had eighteen months to start their project. If the County sent up the one it wanted and the State did not give them a license the County would end up with nothing. Mr. Home did not see anything wrong with doing the ranking, but cautioned that did not mean the State would pick the one the County picked in its tanking. Based on what Mr. Home said Commissioner Wichman wondered if it would be mote expedient to wait until the State was finished and then give Board approval to the one that tanked highest there.

Mr. Home

said it would not be bad to do the SUP and rankings upfront so when the State did its evaluation it knew how far in the process the applicant was, but he thought June 3, 2014 21. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.-Cont’d. it was a mistake to think that the ones the County sent up that got approval were the ones the State would pick Dwight Lilly felt the needs of and cost to the end consumers should be the top criteria. He also did not want someone to come in and go broke six months later because their finances were not looked at close enough.

Mr. Kunzi

cautioned that the agenda item was simply for the process to submit and debate on the criteria was beyond the agenda item. Trevor Dolby from the Amargosa Valley Town Board said if the Commissioners formed a committee to do the selection or ranking process he would appreciate having Amargosa Valley people included on it. in order to protect them, Herman Lewis asked the Commissioners to draft a resolution to avoid property seizure for violations of the federal law after the facility was built. Phil Restifo asked for clarity on the zoning issue item on the May 19, 2014, meeting regarding residential. Commissioner Schinhofen told him that was not this item, but it would be added in as a waiver and would be addressed. Jennifer Solis, president of WECAN, believed the State already had a ranking system and if the County sent all of the applications up then when they came back down the final SUP could be issued. That would make the State happy because they would get all the fees and the County would have the last word. John Bosta stated the Town of Amargosa sent the Board a letter stating they approved the medical grow house and dispensary, but based on comments made today the dispensary obviously would not be located in Amargosa. The town did put $1.50 per pound on the grow house but did not put anything on the dispensary. Sandra Tiffany said the e-mail Commissioner Cox read was from Maria McDade from Public Heath. She supported the ranking and the SUP, but asked the Board to be sensitive to what they asked for on their ranking system, what was made public, and would could be used by the competition when it was submitted to the State. Tawny Tankerisey suggested the Board look at a temporary ranking until after the State approval and then do the SUPs. She would also like the Board to re-address the ordinance with the 300 foot residential ruling. Ed Goedhardt urged the Board to make the decision to select the one applicant that would be the best for Nye County. June 3, 2014 21. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.-Cont’d. Gary Hollis also encouraged the Board to take control. Fely Quitevis asked the Board to give priority to Dr. Baddy. Jennifer Goldstein, an attorney representing Nuveda LLC, a corporation that would be applying for a license, disputed Commissioner Cox’s statements about sending them all up and trusting the State to make a good decision as well as Mr. Lacy’s statements regarding the number of cultivation and processing licenses. She said punting this to the State was allowing the State to make the medical decisions for the County. She suggested the Commissioners submit the cultivation licenses that were suitable for them, make the medical decisions locally, and send up the dispensary license that made the most sense for them because that was how they would protect the patients.

Commissioner Schinhofen

said he would like to see a form brought forward and would like applicants to present their dispensary project in a public meeting. He had no problem with sending the grow and cultivation facilities up. Pam Webster asked if the goal of the ranking would be to submit a ranking list to the State or to minimize the number approved.

Commissioner Schinhofen

said for him it would be to submit a choice to the State on the dispensary since the County only got one, but if there were twelve people for cultivation facilities and the County ended up with only eight it would be good for the Commissioners to choose the best ones responsive to the community with local feet in the community.

Mr. Lacy

wanted to make sure the Board understood each facility had to have an SUP so one applicant could have four SUPs. As far as the presentations, Mr. Lacy suggested that if the Board was trying to make findings on the benefits to the community that was something they were going to need to know and he encouraged having that information in the application, lithe Board was going to make a finding in a particular area it should be presented to the Board.

Mr. Kunzi

noted there were specific provisions if they violated the terms of the license or SUP that they were subject to prosecution and would lose the exemption in the Constitution of being free from prosecution under the Uniform Controlled Substances Act.

Commissioner Cox

had no problem with presentations, but she would like it done based totally on what the applicant could do for the patient and their medical problems, not based on what they were going to give to the community. She would also rather see the ranking left up to the State to avoid problems here. June 3, 2014 21. For Possible Action Discussion and deliberation regarding the selection process for medical mariluana grow facilities and dispensaries.-Cont’d.

Commissioner Borasky

felt he would do this in his own way when he heard case by case what they were offering. He reiterated his concerns with unintended consequences. BOARD OF COMMISSIONERS-Cont’d. 13. 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.

Commissioner Carbone

made a motion to go into closed session at 2:00 p.m. for labor; seconded by Commissioner Borasky; 5 yeas. The Board was in recess until 2:00 p.m. 14. 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. 15. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Carbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Cox

was not present.

Commissioner Carbone

opened the public hearing. John Bosta said he had received a call from a gentleman who had been using the roads around Ash Meadow, Amargosa Valley and Tonopah. He was confronted by BLM and Fish and Wildlife and told he should not use those roads. Mr. Bosta asked if the roads June 3, 2014 9. 10:15 Sitting 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.-Cont’d. that were opened up would be made public so people would know what roads they could and could not use. Comm issioner Wichman explained these resolutions designated those roads as minor County roads to protect the access for people. People could go to the right-hand side of the County Web site, click on GIS and identify the road on the maps to see if it was a minor County road. Anneffe Fuentes asked about the main road going into Ash Meadows as she was hearing more about it being gated off. She also wondered about Peterson Road to the camp.

Commissioner Wichman

said she would have to check the GIS but believed the County was done picking up all of the RS2477 roads it could around Ash Meadows. She was not sure if Peterson Road and the other road were on that list, but she would find out.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

made a motion to adopt Resolutions RC2014-241 through RC2014-280; seconded by Commissioner Schinhofen; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS 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, 403.1 70 and R.S. 2477 Right-of-Way.

Commissioner Schinhofen

made a motion based on staff recommendation for the public hearing on July 1,2014, at 10:15 a.m. in Tonopah, Nevada for Nye County Resolutions RC2014-301 through 2014-340; seconded by Commissioner Wichman; 4 yeas. 10. For Possible Action - General road report by Public Works Director The report was in the back-up. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. June 3, 2014 ASSESSOR 12. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Carbone

made a motion to approve; seconded by Commissioner Botasky.

Commissioner Wichman

asked what the method was for recouping the loss to the general fund due to abatements and how that loss affected the communities. Pam Webster said she would have to ask if there was recovery or if it was just for recordkeeping, but the communities did budget for the full amount of the tax assessments based on the pro forma they received from the Department of Taxation, which included some level of abatement.

Commissioner Wichman

advised a meeting would be scheduled in Pahrump. The update was in the back-up. 18. For Possible Action Discussion and deliberation to make specific the appointment of the Tonopah Town Board members to hold the seats of the Trustees for the Tonopah Library District. Brian Kunzi explained this was to clarify that the intent of the Board was to appoint the Tonopah Town Board members as the trustees for the Tonopah Library District not specifically by name but by position.

Commissioner Wichman

made a motion to uphold the intent of the March, 2011, decision and request the District Attorney to have his staff prepare any ordinance change to make that possible; seconded by Commissioner Borasky.

Mr. Kunzi

advised any prior decisions made by the library board would have to be ratified.

Commissioner Borasky

made a motion to appoint Joni Eastley and Trish Ripple to the board of directors; seconded by Commissioner Wichman; 4 yeas. 20. For Possible Action Discussion and deliberation regarding: 1) possible removal of two (2) members of the Gabbs Town Advisory Board; and 2) possible appointment of two (2) members due to the removal of two (2) members.

Commissioner Wichman

asked Brian Kunzi if he had talked with either John Meyer or Cal Higbee. Mr. Kunzi said they sent him a letter, but they did not contact him as they were instructed to in the letter sent to them.

Commissioner Wichman

made a motion to remove John Meyer and Calvin Higbee from their duties as advisory board members and appoint Ray Dummar and Melissa Stark to complete the term of the vacated seats; seconded by Commissioner Borasky; 4 yeas. CLERK 22. For Possible Action Discussion and deliberation to appoint three (3) members to the Pahrump Regional Planning Commission due to three (3) terms expiring.

Commissioner Borasky

made a motion to reappoint John Koenig and appoint Vincent Clark and Paul Carr. Brian Kunzi advised the Board had to appoint two members to a four year term ending June 30, 2018, and one member to fill an unexpired term ending on June 30, 2017.

Commissioner Borasky

said Vincent Clark would be for the unexpired term.

Mr. Kunzi

clarified that term would expire June 30, 2017, and the terms of the other two individuals would run through June 30, 2018.

Commissioner Wichman

made a motion to appoint Bill McKellip and Lisa Scwharz; seconded by Commissioner Borasky; 4 yeas. June 3, 2014 24. For Possible Action Discussion and deliberation to appoint Committees to prepare arguments advocating and opposing approval of the Nye County School District Bond Question that will appear on the 2014 General Election Ballot pursuant to NRS 295.121. Pam Webster said she spoke with Sam Merlino. One application for the pro side of the committee had been received and it was Mrs. Merlino’s recommendation that she and Brian kunzi write the opposing statement.

Commissioner Wichman

made a motion to appoint Brian Kunzi and Sam Merlino to do the con side and the applicant to take the other side of the argument; seconded by

Commissioner Borasky

; 4 yeas. DISTRICT ATTORNEY 25. For Possible Action Discussion and deliberation to become formal co sponsor for Town of Pahrump grant application for an EIS for the proposed Pahrump Valley General Aviation Airport. Brian Kunzi explained a resolution was done last year supporting the Town of Pahrump and continuing it once the Board became the governing body, which caused a lot of consternation with the FAA. They were very uncertain of the legal status of the town and whether the County would actually formally become a co-sponsor, meaning the County would be jointly and severally liable for the obligations under the grant. Even though the word co-sponsor had been used in the resolution Mr. Kunzi said it was not meant to be the legally effective term the FAA was applying to it. He said what he was getting from the FAA was if the County did not step up then this grant would probably go away.

Commissioner Borasky

asked lithe Town Board had already allocated money for this project. Mr. Kunzi said yes. Susan Holecheck, Pahrump Town Manager, gave assurance that when the town applied for this $750,000.00 grant it realized there was a percentage it was responsible for and that money was budgeted. She also thought the FAA wanted confirmation of whether the town would have standing in the future to receive other AlP grants.

Commissioner Schinhofen

understood the Board would go a step further than the resolution by saying the County would be liable.

Mr. Kunzi

said the resolution used the word co-sponsor, but it made reference to the County doing that in the event it took over the town. He thought that was very clear from what the Board did, but the problem was the FAA attaches a very significant legal definition to the word co-sponsor white it was used as a very generic term in the resolution. Mr. Kunzi stated the fundamental question was whether or not the County June 3, 2014 25. For Possible Action Discussion and deliberation to become formal co sponsor for Town of Pahrump grant application for an EIS for the proposed Pahrump Valley General Aviation Airport.-Cont’d. wanted to become a co-sponsor as it had on all of the Beatty, Gabbs, and Tonopah airport grants.

Commissioner Borasky

made a motion to become a formal co-sponsor; seconded by

Commissioner Carbone

expressed his concerns about making a decision on this as he did not have enough information.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 37. For Possible Action Discussion and deliberation regarding a request for approval to: 1) award a contract to Pearson Brothers Construction for grading the Runway Safety Area and Object Free Area for Runway 16-34 at the Beafty Airport; 2) approve the contract with ATKINS to provide construction management, inspection, quality assurance surveying and quality assurance materials testing for the project;3) authorize the County Manager to submit a grant application to the FAA to obtain federal funding for the project; and 4) authorize the County Manager to execute the grant offer when ft is received from the FAA.

Commissioner Wichman

made a motion to award the construction contract to Pearson Brothers Construction in the amount of $1,074,470.00 contingent on FAA approval to grade the runway safety area and object free area project at the Beaffy Airport, approve the contract with ATKINS to provide construction management, inspection and materials testing during the project for a not to exceed amount of $144,000.00 contingent on the FAA approval and funding, and authorize the County Manager to submit a grant application to the FAA to obtain the $1,146,875.00 in federal funding for the project and authorize the County Manager to execute the grant offer in the approximate amount of $1,146,875.00 when it was received from the FAA; seconded by Commissioner Borasky; 4 yeas. June 3, 2014

Commissioner Schinhofen

asked if the contractor just did not figure this fee in their bid. Dave Fanning explained when phase Il was completed the Town of Tonopah decided to do some red brick in the NDOT right-of-way. Phase Ill went out to bid and NDOT wanted an entire set of plans. A stop was put on the project until the application could be reconfirmed with NDOT, which was the reason for the extension of time.

Commissioner Wichman

said the Nye County Code provided guidelines for granting waivers and stated specifically the contractors had to pay those fees. However, the agenda item said it was the recommendation from the Public Works Director to the Board of County Commissioners and she assumed that meant in a situation like this. She asked Mr. Fanning to rationalize what was being done.

Mr. Fanning

explained the project was already completed when the town decided to do the sidewalk beautification of three feet. Following what had been done before by the town they went to the NDOT office in Tonopah and pulled the permit. After the contract was awarded to Performance Concrete they turned that permit in to the Las Vegas office and all the requirements were put on it. Mr. Fanning said it was no fault of the contractor. It was his fault for just following through with the normal director in Tonopah with what he was told to do. The contractor did not have an opportunity to even build this into his budget.

Commissioner Wichman

made a motion to approve as recommended by the Public Works Director; seconded by Commissioner Borasky.

Commissioner Carbone

asked if things like this would be prevented in the future. Mr. Fanning explained the line for handing in documents had changed due to layoffs and furloughs at the State. He just wanted to bring this back to the Board to put an extension of time on it and to make sure the money he had budgeted for it this year was rolled over into next year.

Commissioner Schinhofen

added a petition was usually required to get on the list and this may be the last year anyway. PUBLIC PETITIONER

Commissioner Wichman

commented he was reaping the benefit of that lot due to the straight across trade he made. Brian Kunzi stated his office had initiated litigation over the lot. He explained this was a lot that the mine had deeded to the County several years ago and the deed was not recorded. He said it was a point well taken that Mr. Barber had gotten value from the standpoint of another piece of property that was given to him in settlement of this, so it was not like he was giving up the property. He just traded this property for another property and he obviously did not have to pay taxes on the other property.

Mr. Barber

said the property they traded was a one-acre commercial for a quarter-acre residential.

Commissioner Wichman

said if he had received the residential lot right out of the gate he would have paid the taxes on that lot. Regardless of whether it was the Sheriffs substation or the residential lot, Mr. Barber received equal value for the purchase of the property in 2011 when he traded it. Had that been done in 2011, Mr. Barber would have been paying the taxes on the residential lot rather than the substation.

Mr. Barber

said the taxes would have been a lot less for the residential lot. June 3, 2014 40. For Possible Action Discussion and deliberation regarding a request for reimbursement of property taxes paid for Fiscal Year 2011 —2012 and a portion of Fiscal Year 2012-2013, Bob B. Sr. & Peggy D. Barber, Property Owner. - Assessor’s Parcel Number 006-201 -35-Cont’d. It was also Commissioner Wichman’s belief that when Mr. Barber got the property in the first place he knew what it was and knew there was a problem with the title.

Mr. Kunzi

said Mr. Barber got two parcels and the Sheriff’s substation had always been on the parcel. Mr. Barber did not know he purchased the parcel until he went to record the transfer deed and was told it was the County’s Sheriff’s substation. That was why the mine gave him the other parcel. Mr. Barber still maintained the parcel that he was indicating he sold on the commercial lot and now he currently owned the other lot in exchange for this one.

Mr. Barber

said that was not correct. He had copies of deeds showing Mr. Goodhart selling to Tuna Park Financial System. The Barbers knew they were buying the Sheriffs substation. Mr. Barber stated they had been paying property taxes for two and one-half years. He felt they should be reimbursed the $500.00 they paid in property tax since Mr. Kunzi said there was a cloud on the title and that they did not really purchase the property.

Mr. Kunzi

advised this was in litigation and settled in litigation. The payment of the taxes was never raised in litigation and that was where it should have been taken care of if there was intended to be any reimbursement for those taxes. Herman Lewis said title insurance settled these types of issues. This item died for lack of a motion. SHERIFF 26. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit for the Town of Tonopah. James Eason, Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 27. For Possible Action Discussion and deliberation of a renewal Wholesale/Retail Fireworks Permit for Alamo Fireworks, Inc. Patrick James, Applicant.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. June 3, 2014 28. For Possible Action Discussion and deliberation of a renewal WholesalelRetail Fireworks Permit for Red Apple Fireworks Co, Inc. Douglas Burda, Applicant.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. TREASURER 29. Treasurer’s Report The report was in the back-up.

Commissioner Carbone

advised he was working on setting up a meeting with the Treasurer. COUNTY MANAGER 30. For Possible Action Discussion and deliberation regarding rules for Campaign Signs on County property. This item was removed from the agenda. EMERGENCY SERVICES 31. For Possible Action Discussion and deliberation regarding converting our existing Volunteer Ambulance Service to a new program for Volunteer Ambulance Service in Nye County. Pam Webster said this item was being pulled from the agenda. 32. For Possible Action Discussion and deliberation to fill four (4) positions within the Animal Advisory Committee (AAC) due to one (1) resignation and three (3) expiring terms.

Commissioner Carbone

made a motion to fill the positions with James Patterson, Yvonne Smith and Jenn LaMana for the three positions expiring and Tonya Brum for the one resignation; seconded by Commissioner Bocasky; 4 yeas. June 3, 2014 PLANNINGIBUILDING 33. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing on Nye County Resolution No. 201 4- 15: A Resolution Adopting and Certifying the Town of Beattv Area Plan as an amendment to the June 7th, 2011 Nye County Comprehensive/Master Plan.

Commissioner Wichman

made a motion to set the public hearing for July 1, 2014, at 11:30 a.m. in Tonopah; seconded by Commissioner Borasky; 4 yeas. 34. 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 Chapter 5.32 pertaining to the Licensing and Regulation of Medical Marijuana Establishments; setting forth the procedures and requirements for the issuance of medical marijuana establishment licenses; establishing the fees required for such licenses; providing for the imposition of a special business tax; setting forth the provisions for renewal of such licenses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Wichman

made a motion to set a date as July 17, 2014, at 11:30 a.m. in Pahrump; seconded by Commissioner Borasky; 4 yeas.

Commissioner Wichman

amended her motion to the date of June 17, 2014 as recommended by staff; Commissioner Borasky amended his second; 4 yeas.

Commissioner Borasky

read the title into the record. 35. For possible action Discussion and deliberation on a request for: 1) approval of an application for a parcel map (pursuant to NRS 278.4925 merger and re-subdivision of land without reversion to acreage) proposing to divide approximately .344 acres into one .152 acre parcel and one .192 acre parcel. Delbert C. & Nancy Hinkel Owner(s). AP #18-251-04; located in Beatty (PM-14- 0002); and 2) a request for two waivers as follows. a. WV-14-000f request for a waiver of the requirement that building setbacks shall be a minimum of ten (10) feet along all boundaries pursuant to Nye County Code 16.20.160.C b. WV-14-0002 request for a waiver of the requirement to provide contour information pursuant to Nye County Code 16.20.115.A.6

Commissioner Wichman

made a motion to approve the Hinkel parcel map subject to the conditions as outlined in the conditions of approval section of this report after having made the findings outlined in the staff report, approve the waiver for the existing June 3, 2014 35. For possible action Discussion and deliberation on a request for: 1) approval of an application for a parcel map (pursuant to NRS 278.4925 merger and re-subdivision of land without reversion to acreage) proposing to divide approximately .344 acres into one .152 acre parcel and one .192 acre parcel. Delbert C. & Nancy Hinkel Owner(s). AP #18-251-04; located in Beatty (PM-14- 0002); and 2) a request for two waivers-Cont’d. permanent improvements of a house and a fence on lot number one and a shed and two fences on lot number two within the ten-foot building setback area, no new buildings or structures to be placed within the ten-foot setback areas of the proposed lots one and two, and approve the waiver of the requirement to provide contour information; seconded by Commissioner Carbone;

Commissioner Borasky

asked if this was like a boundary line adjustment. Darrell Lacy explained these were two existing homes and sheds on a lot that was too small.

Commissioner Wichman

understood staff had put a lot of time into this, but there was nothing in the back-up indicating a recommendation from the Water District Governing Board. She felt this should start there and it should come back to the Board with a recommendation just like with the RPC.

Commissioner Schinhofen

said all he asked for was a primer. He wanted a reminder to the Board and the public of what the duties were and why it was formed to begin with. Darrell Lacy said the Water District was set up by the State Legislature and the Board could not redefine their duties. All he was prepared to do was give a presentation of what the legislation gave them the authority to do.

Commissioner Carbone

advised that during the last Water Board meeting there was some discussion about this regarding the possibility of looking at the strategy for that district and he thought this agenda item maybe a bit premature.

Commissioner Wichman

said she would like to see a presentation by that board to see what their goals were and what they intended to accomplish. June 3, 2014 17. For Possible Action Discussion and deliberation regarding defining the Nye County Water District Governing Board responsi bilities.-Cont’d. Pam Webster clarified Commissioner Schinhofen asked to have a review of the legislation and that was all this was. It was not to give direction to the Water Board or take what the legislation said and turn it into goals and objectives.

Commissioner Borasky

thanked Commissioner Schinhofen for the information but said he was not looking to pick a fight right now.

Commissioner Schinhofen

explained this was only so some people, including himself, could learn how the governing board came about. If anyone wanted that information they could read the back-up. He said in the future the Commissioners could ask the Water Board to come forward and tell what they were doing. John Bosta said it was his opinion that the Water Board was not acting underneath the legislation. He had asked for a clarification of what exactly the Water Board was to do and had been accused of badgering staff. He thought it was important to have clarification of what the Water Board was to do and not do.

Commissioner Schinhofen

adjourned the meeting. 1’ APROVED this ATTEST: Of ,2014. Chif Nyé Conty Clerk I Deputy