June 17, 2014

Commissioner Schinhofen

said he would try to answer some of Mr. Plinske’s questions after the meeting.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Ms. Harmon

explained Connect Nevada was tasked with putting together technology plans for each rural county in the State. They began the assessment in Nye County in 2012, and looked at access, adoption, and use.

Mr. Kimball

reviewed the assessment results with the lowest grade coming in the access category. He said there was a project coming soon to install broadband along Highway 95 beginning in Las Vegas and running through the State. The best score was under use which showed how well the community improved the quality of their life. The challenge was to improve the infrastructure. Mr. Kimball said twenty goals had been established and the four they were asking the County to endorse were an analysis of local policies and ordinances; the Nye County School District private network upgrade; the Rural Nevada Development Corporation’s broadband training and awareness program for small and medium businesses; and the provision of incentives to encourage computer purchases among students. Mr. Kimball said they would come back in a few months and provide an update. June 17, 2014 7. 10:00 For Possible Action Presentation, discussion, and deliberation - - regarding endorsing the recommendations contained in the Nye County Technology Action Plan as presented by the Champion for Nye County and the State Program Manager for Connect Nevada.-Cont’d.

Commissioner Wichman

said one of the first ones to the start the movement to get broadband into the rural communities was Railroad Valley. She had just come from one of their town board meetings and they still did not have it.

Ms. Harmon

advised the last four towers were becoming a huge issue. They were dealing with construction agreements with USDA and as soon as those were done the towers should be constructed in those locations.

Commissioner Schinhofen

asked if they were looking for money from the County.

Mr. Kimball

said they were asking the Board to encourage the concept.

Commissioner Carbone

said from a conceptual standpoint the Board could make a motion to go along with the request for the County to support the endeavor.

Mr. Kimball

said the entire issue was so the Board of County Commissioners was on record as understanding what was going on with this study and to add some formal credibility to the report by endorsing the recommendations. In no way were they asking for funding.

Commissioner Wichman

seconded the motion and asked if a formal resolution or a letter of support was needed.

Ms. Harmon

said that was up to the Board. She added the grant was expiring at the end of the year and moving anything forward would fall on the counties.

Mr. Kimball

suggested the Board form a committee for a year to work on this if it remained a priority for the County. Pam Webster thought it would be an excellent task for NCREDA to do as it was a County-wide economic entity and this was a requirement for economic development. June 17, 2014

Commissioner Carbone

assumed the Chair of the Board of County Road Commissioners.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Resolutions RC2014-281 through RC2014-300; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Schinhofen

asked about the rip wrap in the Gamebird Channel. Dave Fanning, Public Works Director, stated it was there just to stabilize the bottom and preserve the flow line at this time as they needed a heavier rip wrap. He advised they were also done with Yucca Springs and needed to gravel the bottom and put a road back in that section.

Commissioner Cox

asked if the right-of-way issues on Sloan were on the dedicated or undedicated portion. Tim Carlo from Public Works stated in Crystalaire Estates there was 19.5 miles of undedicated toad with 117 homes encompassing 1,100 acres and 17 of those homes were on Sloan Street. The right-of-ways were overgrown with trees and had no gravel. He said he was just developing a process to move forward there.

Commissioner Cox

asked if the bad stuff would be removed on Gamebird west of Winchester and gravel put in. Mr. Carlo said he fixed the holes with gravel at this time.

Commissioner Carbone

asked what permanent material would go inside the water runoff valleys on Gamebird. Mr. Fanning said it would be a combination of a couple of different things including a soil cement, but nothing would be done until the channel reached its full potential.

Mr. Carlo

stated the chip seal was done as of yesterday and the fog seal would be started on Monday. It would take three or four days for it to be 100% complete. June 17, 2014

Commissioner Schinhofen

made a motion based on staff recommendation to set a date, time and location of July 15, 2014, at 10:15 a.m. in Pahrump, Nevada on Resolutions RC2014-341 through RC2014-380; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. PUBLIC WORKS

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Wichman

amended her motion to issue the notice of completion;

Commissioner Borasky

amended his second; 5 yeas.

Commissioner Borasky

assumed the Chair of the County Licensing and Liquor Board. SHERIFF 39. For Possible Action Discussion and deliberation regarding a Retail Liquor License as well as a Wholesale Liquor License to Combination Seven LLC dba Tonopah Brewing Company. 315 5. Main Street. Tonopah, NV. Frederic and Nancy Cline, Applicants.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 6 yeas. 40. For Possible Action Discussion and deliberation regarding a Beer & Wine License to Sorensen Enterprises. LLC dba Nicco’s Pizza, 2201 E. Postal Drive, Pahrump. NV. Rebecca Sorensen, Applicant.

Commissioner Schinhofen

made a motion based on staff recommendation to approve issuance of a beer and wine license to Sorenson Enterprises dba Nicco’s Pizza; seconded by Commissioner Carbone; 6 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. June 17, 2014 JUVENILE PROBATION 43. For Possible Action Discussion and deliberation regarding an Inter-Local Contract with Clark County Dept. of Juvenile Justice Services for the temporary housing of juvenile offenders from Nye County at Zenoff Hall.

Commissioner Wichman

asked for clarification of the cost of the increase or the amoun t of the savings as the math appeared incorrect on the agenda item. Randy Jones said there was a significant savings regarding transporting kids to Clark County rather than Fallon and Hawthorne. Pam Webster said the back-up showed $125.00 a day at Carson City and Fallon, but $180.00 a day at Zenoff Hall for a $55.00 a day difference in housing. The savings would come in the transportation. Offsetting the fourteen day hold total resulted in a $300.00 savings over a fourteen day hold period.

Commissioner Wichman

assumed that because of the population density most of the juveniles who needed the service were in Pahrump, and if that was true the only people who could verify that information were those who handled the juveniles. She asked Mr. Jones if he was in the position of handling the transport of those juveniles on a regular basis.

Mr. Jones

advised he did not handle it himself as he was a probation officer, but there were transport officers.

Commissioner Wichman

asked about the relationship between juveniles handled in Pahrump versus the northern part of the county regarding transport and holding because if most of the juveniles were from the north the savings would be lost.

Mr. Jones

said they still utilized the facilities up north.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox.

Commissioner Carbone

noted the County had an agreement with Amargosa for juveniles as well and asked what the difference was with this agreement. Mr. Jones explained this was a more secure facility for more serious types of offenses versus Amargosa for lesser offenses.

Commissioner Cox

asked how many juveniles were placed in these facilities on a monthly basis. Mr. Jones said on average between ten and fifteen from Pahrump.

Commissioner Wichman

made a motion to approve items 19-24; seconded by

Commissioner Borasky

; 5 yeas. 20. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Wichman

made a motion to approve items 19-24; seconded by

Commissioner Borasky

; 5 yeas. 21. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, September 16, 2014 in Pahrump. Nevada.

Commissioner Wichman

made a motion to approve items 19-24; seconded by

Commissioner Borasky

; 5 yeas. 22. For Possible Action Approval of the Grant Award from Division for Aging Services for Nutrition Services Incentive Program to provide commodity food for the nutrition program in Amargosa Valley, Beafty and Tonopah Senior Centers.

Commissioner Wichman

made a motion to approve items 19-24; seconded by

Commissioner Borasky

; 5 yeas. 23. For Possible Action Approval to apply for a State of Nevada, Aging and Disability Services Division Grant for funding to provide congregate meals in Amargosa Valley, Beatty and Tonopah senior centers.

Commissioner Wichman

made a motion to approve items 19-24; seconded by

Commissioner Borasky

; 5 yeas. 24. For Possible Action Approval to apply for a State of Nevada, Aging and Disability Services Division Grant for funding to provide home-delivered meals in Amargosa Valley, Beatty and Tonopah.

Commissioner Wichman

made a motion to approve items 19-24; seconded by

Commissioner Borasky

; 5 yeas. June 17, 2014 TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action Continued Public Hearing, discussion and - — deliberation regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 201 3-29: a Bill proposing to amend Title 9, Chapter 9.20, Section 9.20.230(c) of the Nye County Code entitled registration fee by providing for the distribution of fees, and other matters properly relating thereto; and 2) set an effective date.

Commissioner Schinhofen

said this was a continued public hearing.

Commissioner Schinhofen

thought it needed to be written to say it was distributed through nationally qualified organizations to recognize veterans in need. Pam Webster explained her intent was to clarify that this was now going into a department budget for distribution at the will of the Commissioners, not in support of the VSO because the County did not have a VSO at this time. Procedures on how to use the funds would come back later.

Commissioner Carbone

made a motion to adopt Bill No. 2013-29 effective July 7, 2014; seconded by Commissioner Borasky; 5 yeas. PUBLIC PETITIONER

Commissioner Carbone

made a motion to approve the request from the town for the sales tax revenue; seconded by Commissioner Borasky.

Commissioner Wichman

asked if anything had changed since the last meeting when this was presented. Pam Webster said additional lull-time positions were reques ted on the previous plan and this one was limited to equipment.

Commissioner Wichman

asked if there were any discussions between County Administration, the Sheriffs Office and Emergency Management.

Mrs. Webster

stated the public safety sales tax money had not been received yet since it was distributed on a delayed basis of at least two months, but this was the plan for the expenditure of the anticipated budget. There had been no other discussions other than bringing back the equipment portion. She said it needed to be clear on the fact that the money was to be spent on new acquisitions, not replacements, and that it was be to for technical expansion, not replacement equipment. June 17, 2014 54. For Possible Action Discussion and deliberation regarding the Pahrump Valley Fire Rescue Services Sales Tax Revenue Proposal from the Town of Pahrump for FY 15.-Cont’d. John Bosta pointed out that being an individual who lived in Amargosa Valley, he did most of his purchases in Pahrump and questioned why he should pay a tax for a city function which he received no benefit from.

Commissioner Schinhofen

explained that any sales tax collected in Amargosa Valley went to Amargosa Valley, the sales tax collected in Pahrump went to Pahrump, and sales tax collected in Tonopah went to Tonopah. Susan Holecheck said at the time they submitted their proposal in January they focused on employees because they had seven openings. They had brought three volunteers on to active status since then. While the number of emergency responses in 2013 averaged over 600 per month, the equipment was also outdated.

Commissioner Carbone

amended his motion to identify there were no funds to expend until the money became available; Commissioner Borasky amended his second; 5 yeas. TIMED ITEMS-Cont’d. 12. 11:00 For possible action ZC-14-0002: Public Hearing on Zone Change — — application to change 22 parcels containing a total of approximately 27.5 acres from the General Commercial (GC), Neighborhood Commercial (NC), and Mixed Use (MU) Zoning Districts to the Rural Estates (RE-i) and Rural Estates (RE-2) Zoning Districts, generally located in the vicinity of the intersection of Thousandaire Boulevard and Pahrump Valley Boulevard, situated between Teguilla Way and Paula Drive. Multiple Property Owners. Pahrump Regional Planning Commission Applicant. AP#’s 44-693-01 through -06, and 44-701-01 through -07, and 44-712-01 through -04, and 44-362-13 & -14, and 44-362-23 & -24, and 44-264-04.

Commissioner Schinhofen

opened the public hearing. Anthony Greco said the RPC had a good idea to just rezone three parcels on Tequilla to residential because someone wanted to build a house and if the Commissioners approved the zoning change for those three parcels it would work well for that area. Gerald Shulte agreed with the RPC recommendation of a zone change for a few specific lots. Debra Strickland understood why the Tequilla lots should go to residential but did not see the need to affect the other property owners. June 17, 2014 12. 11:00 For possible action ZC-1 4-0002: Public Hearin g on Zone Change application to change 22 parcels containing a total of approximately 27.5 acres from the General Commercial (GC), Neighborhood Commercial (NC), and Mixed Use (MU) Zoning Districts to the Rural Estates (RE-I) and Rural Estates (RE-2) Zoning Districts-Cont’d. Jean Woods had seven parcels that she paid commercial prices for and said she would take a substantial loss if the change was made.

Commissioner Wichman

noted Ms. Woods’ APN5 were not on the recommendation from the RPC. She only received a notification letter because she was within so many feet of the property being considered. Darrell Lacy advised the original agenda item did include her properties, but after much discussion the recommendation from the RPC was only to change the four lots in front of the Commissioners today. Kat Deegan said she lived on Lewis Street adjacent to the area. She was also under the impression based on the letter she received that they would be talking about rezoning of all the parcels, which she was in favor of.

Commissioner Schinhofen

closed the public hearing.

Commissioner Cox

was not present.

Commissioner Carbone

made a motion to approve the rezoning of APN Nos. 44-693-01, 44-693-02, 44-693-03, and 44-693-04 located on Tequilla Way from the general commercial zoning district to the RE-i zoning district per the recommendation of the RPC; seconded by Commissioner Borasky; 4 yeas. 11. 11:00 For Possible Action Public Hearing, discussion, and deliber ation to: I) Adopt, amend and adopt, or reject Nye County Bill No. 2014-14: A Bill proposing to amend Nye County Code Chapter 5.32 pertaining to the Licensing and Regulation of Medical Mariiuana Establishments; setti ng forth the procedures and requirements for the issuance of medical mariluana establishm ent 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) Set an effective date. Darrell Lacy said some of this was clean-up and some was to addres s concerns and comments received from the community. When the special use permit (SUP) ordinance was changed at the last meeting there were a few parts of the licensi ng ordinance that needed to be modified, including removal of the Pahrump Regional Planni ng District language, making the Planning Department responsible for the applica tions rather than the Sheriff’s Office, and the fees. Mr. Lacy clarified the County licensi ng would not be June 17, 2014 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2014-14-Cont’d. done until after the SUPs were granted and the State had done their provisional medical marijuana certificates.

Commissioner Schinhofen

opened the public hearing. Debra Strickland expressed her support of the ordinance. Laura Oslund asked the Board to consider the societal costs when deciding what to charge to bring another drug in to the communities.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

wanted language added to section 5.32.090 that the license would be revoked rather than whatever other action was incorporated there.

Mr. Lacy

advised section 5.32.100 had in it specifically that any violation of this chapter may result in revocation of the license. Brian Kunzi added that the provision was in there very specifically so if any licensee did any of those things they were outside the protection of the medical marijuana statutes and were committing offenses under the Federal Controlled Substances Act and could be criminally prosecuted.

Commissioner Carbone

made a motion to amend and adopt Bill No. 2014-14 proposing to amend Nye County Chapter 532 pertaining to the licensing and regulation of marijuana establishments.

Commissioner Carbone

said part of the back-up had the changes for the fees and the special business tax which he would like to put as part of the amendment. As

Commissioner Carbone

was the only Commissioner who had received the back-up regarding changes to the fees, he outlined the amendments would include revising the fees to $4,000.00 for the initial issuance to a dispensary and $1,000.00 at renewal; $4,000.00 for the initial issuance to a cultivation facility and $750.00 for renewal; $3,000.00 for the initial issuance to a production facility and $750.00 for annual renewal; $2,000.00 for the initial issuance to a laboratory testing facility and $500.00 for the renewal; and the special business tax would go down to I %.

Commissioner Wichman

made a motion to adopt with corrections made in the back-up. June 17, 2014 II. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2014-14-Cont’d.

Commissioner Wichman

assumed the Chair of the Board of County Comm issione rs.

Commissioner Schinhofen

made a motion to approve the fees in the back-u p ($15,000.00 for initial issuance and $7,500.00 annual renewal for a dispen sary with $2,500.00 non-refundable; $5,000.00 for issuance and $2,500.00 annual renewa l fee for medical marijuana cultivation with $2,000.00 non-refundable per applica tion and $1,000.00 non-refundable each year after that; $5,000.00 initial, $2,500.00 annual renewal for medical marijuana production facility with $2,500.00 non-re fundable for the initial application and $1,000.00 non-refundable each year after; $2,500 .00 for issuance, $1,250.00 annual renewal fee for a medical marijuana independent testing laborat ory with $1,250.00 non-refundable for the initial application and $750.0 non-re 0 fundable each year thereafter) and to drop the special business tax to 2%, along with the other changes in the back-up; seconded by Commissioner Carbone with an effecti ve date of July 7, 2014.

Commissioner Cox

asked Commissioner Carbone where he got his figures .

Commissioner Carbone

said he worked them up.

Commissioner Cox

said she could see some of the higher figures because she believed there would be problems that would cost money, but she also did not want the end user to pay a fortune to try to get something they thought would help them.

Commissioner Schinhofen

assumed the Chair of the Board of County Comm issioners. PLANNINGIBUILDING 51. For Possible Action Discussion and deliberation regarding reques a t to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2014-20: A Bill proposing to amend Nye County Code Title 17, Comprehensi ve Land Use Planning and Zoning, Chapter 17.09 Medical Marijuana Establishments, by amending the regulations pertaining to separation distance requirements; 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 the date and time as July 15, 2014, at 11:00 a.m.; seconded by Commissioner Borasky; 5 yeas. June 17, 2014 51. 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. 2014-20- Cont’d.

Commissioner Wichman

read the title of the bill into the record. 52. For Possible Action Discussion and deliberation to approve a matrixlpoint system for the ranking of Special Use Permit applications for Medical Marijuana Establishments.

Commissioner Carbone

made a motion to accept additional back-up; seconded by

Commissioner Wichman

; 5 yeas. Darrell Lacy distributed the additional back-up.

Commissioner Schinhofen

advised the Board would have a special meeting on July 16, 2014, following the regular meeting on Tuesday for presentations by each applicant. The Board would then deliberate and award SUPs. Based on the rankings the top three dispensaries would be sent up as well as all the cultivation facilities.

Commissioner Wichman

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

Mr. Lacy

wanted to make sure everyone understood that the applications would be kept confidential as much of the information was proprietary.

Commissioner Schinhofen

said each applicant would get ten minutes to present their application to the Board. There would be public comment periods at the beginning and at the end of the meeting of two minutes each, but not during the presentations. Brian Kunzi clarified it was a limited period of confidentiality. The applications remained confidential only until the State had their deadlines for accepting applications. The business plans would be available to the public once that deadline passed. TIMED ITEMS-Cont’d. 16. 11:30 For Possible Action Discussion and deliberation regarding a renewal — - proposal from the Nevada Public Agency Insurance Pool (POOL).

Commissioner Schinhofen

noted the fees were reduced this year.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. June 17, 2014 10. I 1:00 For Possible Action Public Hearing on Appeal Case No. AP-l 4-0002: - — Appeal of the Pahrump Regional Planning Commission’s attachment of conditions to the granting of Conditional Use Permit No. CU-14-0004 to allow the reinstatement of a previously grandfathered use of land (manufactured home sales and display lot known as “Dream Homes”), specifically appealing the condition requiring the removal of an existing billboard located on the subject property, 1361 S. Highway 160, Assessor Parcel #35-571-1 5. PJ’s Supermarket lnc.IJohn Farrar Property Owner. GDS Enterprises, lnciGerald Schulte Appellant.

Commissioner Carbone

made a motion to grant CUP CU-i 4-0004 to allow the reinstatement of the previous grandfathered use of land for manufactured home sales and display lot known as Dream Homes and modify the CUP to remove the condition to remove the billboard; seconded by Commissioner Borasky.

Commissioner Schinhofen

opened the public hearing. Gerald Schulte, representing Dream Homes, provided the history of the issue. He thought he could just go back to his prior location, but it was not that simple. He had only gone to the RPC on the extension on the asphalt, which he did not want to do, but the billboard and the landscaping were brought in.

Commissioner Carbone

recommended staff meet with Mr. Schulte on another issue to take care of it before it became a problem. ASSESSOR 25. Presentation of projected expenditures of money in the Assessor Technology Fund ( collections in the 2014- 2015 fiscal year to be added to previously encumbered or unused balances from fiscal year 2006-2007, through 2012- 2014).

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. June 17, 2014 TIMED ITEMS-Cont’d. 14. 11:00 For Possible Action Continued Public Hearing, discussion, and — — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2014-07: A Bill proposing to amend Nye County Code Chapter 16.36, the Procedures for Appeal of Decisions Regarding the Use of Land, by establishing the process for the appeal of administrative decisions and interpretations pertaining to zoning. land use, and other related subiect matters; 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 Carbone

made a motion to amend and adopt Bill No. 2014-07 by removing the $1 00.00 for the non-public appeal hearing under section 16.36.050; seconded by Commissioner Borasky; 5 yeas.

Commissioner Carbone

set the effective date as July 7, 2014. CLERK 33. For Possible Action Pursuant to NRS 293.387 (1), Canvass of the returns of the Primary Election held on June 10, 2014.

Commissioner Schinhofen

asked if this made it official. Sam Merlino said yes. She added that everything went fairly smooth. A couple of wrong ballot styles were issued and she encouraged the voters to raise their hand so they could be backed out of the ballot before they voted when that happened. She also had complaints about the individuals 100 feet out, but there was nothing she could do about that. Mrs. Merlino thought they got the results done fairly quickly, but advised that unfortunately she had to wait until all the poll locations were broken down before she could start tallying.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

asked if the sample ballots got sent out late as she had just received hers. Mrs. Merlino said the mailing houses always sent them out the week prior to early voting, but the problem was the budget had been cut back so much that the sample ballots were getting cheaper and cheaper and they were sticking together.

Commissioner Carbone

asked if the canvassing would affect Niger lnnis’ ability to do something if something was wrong. Mrs. Merlino explained anyone could ask for a recount within three days of the canvass of votes. She noted she has had a recount in the last three primary elections and they were always right on with no disparities. However, she did not think that was what Mr. Innis was looking for. They wanted to Junel7,2014 33. For Possible Action Pursuant to NRS 293.387 Cl), Canvass of the returns of the Primary Election held on June 10, 2014.-Cont’d. look at who voted and she did not know if they would do phone calls or where they would go with it. Additionally, Mrs. Merlino stated J.G. Johnson would not be used for a polling place in November and she would try to get that information out in every possible way. She said the old gymnasium in the Pahrump High School would probably be used.

Commissioner Wichman

made a motion based on the School District’s recommendation to appoint Tracie Ward; seconded by Commissioner Cox; 5 yeas. The Board was in recess until 1:30 p.m. EMERGENCY SERVICES 45. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution 2014-24: Amendment of Resolution 201 3-12 Setting Schedule of Fees and Penalties Required by Nye County Code, Title 6, Animals and Schedule of Nye County Animal Shelter Adoption Fees.

Commissioner Carbone

made a motion to adopt Nye County Resolution 2014-24 amending Resolution 2013-12; seconded by Commissioner Wichman.

Commissioner Cox

asked if the fees applied to just Tonopah. Vance Payne, Emergency Services Director, said the pricing was set for the private as well.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion based on the recommendations of the RPC, the Water District and the Groundwater Management Plan Committee to adopt Nye County Bill No. 2013-25 with an effective date of July 7, 2014; seconded by

Commissioner Carbone

questioned the size of the parcels as the individuals who bought the property were going to subdivide it into smaller lots and were told that could not be done anymore.

Commissioner Schinhofen

said it could still be done under a development agreement and it would have to be off a community well so more individual lots with individual wells were not created. He thought this was a big step in moving forward to show the State Engineer the County was doing something.

Commissioner Carbone’s

only concern was taking it 5 acres as he was thinking of 2.5 acres.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

made a motion to reject this bill as there were some things still wrong with it and he believed it would go back to the RPC as well as the ad hoc June 17, 2014 15. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2014-f 0-Cont’d. committee to look at things that maybe the contractors should look at as far as what materials could be used as alternates; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS - 26. 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. There meeting was not closed. 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.

Commissioner Wichman

made a motion to approve items 36 through 42 minus items 39 and 40; seconded by Commissioner Carbone; 5 yeas. 37. For Possible Action Discussion and deliberation regarding a renewal WholesalelRetail Fireworks Permit to Vegas of Pahrump, Inc. dba Phantom Fireworks. Raechelle Laughlin, Applicant.

Commissioner Wichman

made a motion to approve items 36 through 42 minus items 39 and 40; seconded by Commissioner Carbone; 5 yeas. 38. For Possible Action Discussion and deliberation regarding a Display Fireworks Event Permit to Lantis Fireworks & Lasers. Ken Lantis, Applicant.

Commissioner Wichman

made a motion to approve items 36 through 42 minus items 39 and 40; seconded by Commissioner Carbone; 5 yeas. 41. For Possible Action Discussion and deliberation regarding a Display Fireworks Event Permit to The Pahrump Nugget. Margie Lough, Applicant.

Commissioner Wichman

made a motion to approve items 36 through 42 minus items 39 and 40; seconded by Commissioner Carbone; 5 yeas. 42. For Possible Action Discussion and deliberation regarding a Display Firework Event Permit to Zambelli Fireworks for an aerial display on July 4, 2014, 150 N. Hwy 160, Pahrump, NV. John Hagan, Applicant.

Commissioner Wichman

made a motion to approve items 36 through 42 minus items 39 and 40; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER 44. Ongoing Project Report The report was in the back-up. June 17, 2014 INFORMATION TECHNOLOGY 47. Presentation on the current status of the Nye County Radio Communications system. Milan Dimic, IT Director, said the radios were reaching everywhere. They had switched to completely digital for the Sheriffs Office in Pahrump, Beafty and Amargosa and had gotten a lot of positive feedback on it. They were working on Tonopah with a target date of July 1, 2014. He hoped to have the rest of the north done by September 1, 2014. Regarding the Shoshone site, Mr. Dimic advised the generator had not been hooked up yet, but they were going there tomorrow with an electrician to get a quote. The equipment was now in a regular building, not in a camper. Also, the State no longer wanted the shared site and was giving it to the County for free so there would be equipment for the County to work with. Lastly, Mr. Dimic advised they still had $70,000.00 left in the budget with some expenses outstanding. 48. For Possible Action Discussion and deliberation regarding an agreement with Atomsplash/Arizona-Nevada Towers for tower space rental to enhance their capability of providing high speed internet services to the Amarosa Valley community. Milan Dimic advised Commissioner Carbone had pointed out to him that the address cited for the Amargosa town tower site was incorrect and needed to be amended to 821 East Amargosa Farm Road.

Commissioner Carbone

made a motion to approve with the amendment of the address to 821 East Amargosa Farm Road and execute the agreement: seconded by

Commissioner Wichman

. Pam Webster said the revenue received from this tower would be split with Amargosa Valley and the County.

Commissioner Wichman

asked Milan Dimic if he had this built in to the budget approved last month. Mr. Dimic said yes. June 17, 2014 49. For Possible Action Discussion and deliberation regarding an Intrastate Inter-local Contract with the Nevada Department of Information Technology Services to renew the microwave/radio rack space rental at various locations. Cont’d.

Commissioner Wichman

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

Mr. Dimic

pointed out that as a result of the radio project the contract was reduced by about $9,000.00 because of the reduction in sites. NUCLEAR WASTE REPOSITORY PROJECT OFFICE/NATURAL RESOURCES 50. For Possible Action Discussion and deliberation to approve, amend and approve, or reiect a letter providing comments to the US Environmental Protection Agency and US Army Corps of Engineers regarding proposed changes to the definition of “waters of the United States” under the Clean Water Act.

Commissioner Wichman

stated that on June 9, 2014, the Army Corps announced an extension of time on the comment period to sometime in October so the appropriate corrections needed to be made to the letter.

Commissioner Wichman

made a motion to approve with that minor correction; seconded by Commissioner Borasky.

Commissioner Schinhofen

explained the Army Corps wanted to take “navigable” out of the definition so things like the new Gamebird Channel would be United States property and under its control. NACO was against it and there were a lot of groups trying to change it.

Commissioner Wichman

said there would be a workshop held in Washington, D.C., to explore the overpopulation of the wild horses and burros in the west. A million dollar prize would be offered to the fertility control plan that proved to be the most effective. Regarding the transfer of public lands, she noted the community area planning efforts needed to be updated in anticipation of any success by the proposed legislation. The first phase of the report identified areas around the communities noted for disposal and those would be the first lands offered up, which would create the funding for the management of the public lands to help the State Land Office. She encouraged the communities to review their area plans.

Commissioner Borasky

reminded everyone about the upcoming 4th of July parade starting at 9:00 a.m. with the breakfast starting at 7:00 a.m. June 17, 2014 4. Announcements (first)-Cont’d.

Commissioner Schinhofen

added there would be trophies awarded for judge’s choice, most enthusiastic, and most patriotic. 5. For Possible Action - Ememency Items This item was removed from the agenda. 6. Commissioners’IManaper’s Comments (This item limited to announcements or topicslissues proposed for future workshopsIajendas)

Commissioner Carbone

wanted to make sure the folks who moved the motor home on Vineyard understood that was a team effort from the County and not done by one individual. Regarding Ash Meadows, he would like an agenda item for people to come and talk about their issues. He also had discussions with Joni Eastley on the Dillon Rule versus Home Rule and would like to have a discussion at the Commission level on what it planned on doing knowing NACO had gone to the State legislation several times and been turned down. Pam Webster asked if Commissioner Carbone wanted to have a presentation from NACO. Commissioner Carbone said maybe, but he would still like to know from the Commissioners what they wanted to do.

Commissioner Borasky

commented on the recent Quad State meeting where it was heavily discussed how all of the federal agencies that controlled the public lands were changing language so they could better strangle the public and the rest of the land that was still left out there. One comment that stuck in his head was that if they thought there was a tortoise or an endangered species out there it would give them reason to take action on it.

Commissioner Cox

said she was at that meeting too and found it scary. Also discussed was the budget and they had asked people to contribute to keep the organization going.

Commissioner Cox

wondered if there was some way to find the $3,000.00 the County would have to pay to maintain membership.

Commissioner Borasky

said he was going to ask staff to budget it for next year as the County had gotten a waiver for FY2015. Pam Webster said a special meeting needed to be held on June 27, 2014, at 8:00 a.m. June 17, 2014 DISTRICT ATTORNEY 35. 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. 201 4-17: a Bill proposing to amend Title 2 of the Nye County Code, titled Adoption of the Unincorporated Town Government Law, by amending the applicability of the unincorporated town government law to exclude the unincorporated towns of Amarosa Valley, Pahrump, Round Mountain, and Tonopah; 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 the date, time and location as July 15, 2014, at 10:45 a.m.; seconded by Commissioner Borasky. Brian Kunzi explained that once the Supreme Court upheld the decision and made the dissolution of the town board a reality there was a quirk in the County ordinance that adopted the Unincorporated Town Law Act. It said that any town with an elected town board was exempted from the act and the County did not want to operate the Town of Pahrump under that act because it changed the entire structure of the town. In order to keep Pahrump in its existing format with the Board of County Commissioners as the governing body, Pahrump needed to be taken out of the application of the Unincorporated Town Law Act. He proposed rather than just exempting any town with an elected town board to specifically identify the towns exempt from the act.

Commissioner Borasky

was not present

Commissioner Wichman

read the title of the bill into the record. FINANCE 46. For Possible Action —Discussion and deliberation regarding resolutions to augment the Fiscal Year 2013-2014 budget. This item was removed from the agenda.

Commissioner Borasky

was present. Herman Lewis spoke of the basic taking of private property and a stream by the Fish and Wildlife in Ash Meadows. He had suggested the Fuentas family bring the issue to the Commissioners. He said this was another example of federal overreach with Fish and Wildlife not following rules and doing whatever they wanted. June 17, 2014 Annette Fuentas said she had a copy of a resolution that she had given to

Commissioner Carbone

. Brian Kunzi said he had been trying to meet with their attorney also and that they were working to try to put something together.

Commissioner Wichman

said Mr. Lewis needed to be aware that there was a big distinction between the BLM and the Congressional act that put that refuge in place so the roads were handled a little differently.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ‘9-j- day ATTEST: Of .2014. LIp Nyd Coity Clerk I Deputy