July 1, 2014

Commissioner Wich

man was present by telephone.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. July 1,2014 SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Commissioner Borasky

reminded everyone about the 4th of July parade to be held around the Eye on Friday and encouraged everyone to get in touch with him if they wanted to take part. The VFW would put on a pancake breakfast at 6:30 a.m. at the Eye and parade step off would be at 9:00 a.m.

Commissioner Wichman

thanked Commissioners Schinhofen, Borasky and Carbone for joining her at the last NACO meeting. Brian Kunzi advised Belmont would also have its annual 4th of July parade. He then updated the Board on the activities of the Friends of the Belmont Courthouse, including refurbishment of the windows at the Belmont courthouse. He said they began another program if people wanted to participate which would set aside special windows for donations of $125.00 that would go on a large plaque. They had already done a “mother’s recognition” window and now they were doing “in memory” windows. There would also be tours of the courthouse during the 4th of July parade and the Labor Day celebration. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioner&IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Borasky

asked if the alternative paving item would come back as he was really interested in looking at those.

Commissioner Carbone

said there would be a working group and discussions about what the alternatives should be as well as discussions with the contractors to see if the alternatives would hold up.

Commissioner Borasky

recommended the chairman of the RPC be part of that working group. July 1,2014 7. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Cont’d.

Commissioner Carbone

said he would like staff to start looking at the NRSs in relationship to the Public Administrator. He went through several of them over the weekend and found some responsibilities the Board had and needed to look at. He suggested possibly a workshop for that as well as a workshop on the brothel and liquor licensing. Additionally, Commissioner Carbone wanted a date on when something would be done with the volunteer animal shelter in Tonopah. Vance Payne, Emergency Services Director, advised they were shooting for a date of July 15, 2014, to initiate a volunteer program at the animal shelter in Tonopah. There had been a significant amount of work put into an operations manual to run the volunteer program and he thought it was ready to roll out. It would be brought back on an agenda.

Commissioner Carbone

reminded everyone of the special meeting on July 16, 2014, for review of the SUPs for medical marijuana.

Commissioner Wichman

said the final task force report would be available very soon and she would have it on the next agenda.

Commissioner Borasky

said he read an article this morning regarding the find of a small spider at the Test Site. He did not know if that would cause environmental concerns and the shutting down of the site, but he wanted to let everyone know that it could cause some repercussions. Regarding the July 16, 2014, special meeting, Pam Webster advised it would start at 9:00 a.m. as there were a significant number of applications to get through. PUBLIC PETITIONER

Commissioner Carbone

made a motion for Area 2, Tonopah, Manhattan and Belmont, to reappoint James Eason until June 30, 2016; seconded by Commissioner Wichman; 5 yeas.

Commissioner Carbone

made a motion for Area 4, Position 2, Pahrump Valley, to appoint Gregory Dann with a term expiring June 30, 2016; seconded by Commissioner Borasky; 4 yeas. Commissioner Wichman voted no. July 1,2014 37. For Possible Action Discussion and deliberation to appointIreappoint members to the Nye County Water District (NCWD) Governing board for positions expiring on June 30, 2014.-Cont’d.

Commissioner Carbone

made a motion for Area 4, Position 3, Pahrump Valley, to reappoint Michael Lach for a term expiring June 30, 2016; seconded by Commissioner Borasky; 4 yeas. Commissioner Wichman voted no.

Commissioner Carbone

made a motion for the At Large Resident of Nye County, including Pahrump, to appoint Dave Hall for a term expiring June 30, 2016; seconded by Commissioner Borasky; 3 yeas. Commissioners Carbone and Cox voted no. TIMED ITEMS-Cont’d. 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 405.1 91, 403.170 and R.S. 2477 Right- of-Way.

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 based on staff recommendation to adopt Resolutions RC2014-301 through RC2014-340; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS 11. For Possible Action - General road report by Public Works Director

Commissioner Schinhofen

said he was happy to see the surveyor and the crew on Manse Road yesterday. Dave Fanning, Public Works Director, said they were marking property lines and planned to move dirt in August to start the project.

Commissioner Schinhofen

asked about the negotiations with Mountain Falls. Mr. Fanning said the information was sent out to Adavan and they were waiting to hear back.

Commissioner Botasky

asked if the owners of the political signs would be notified to remove them if they interfered with that project. Mr. Fanning said yes. July 1,2014 11. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Cox

asked why all the cones were up on Calvada between Red Rock and Blagg. Tim Carlo from Public Works said in the winter time it was rough and

Commissioner Cox

had requested they seal it. He had been waiting for the summer to bring the grinder down to try to smooth it out a little better.

Commissioner Cox

asked if the intersection safety improvements noted on the report was for stop signs. Mr. Carlo said yes and that was something also requested by the Board some time back. A traffic engineer had studied those three locations for warrants. Warrants were not met for all-way stop controls, but warrants were met for moving the limit lines forward, installing red flashing lights at Lola and Wilson, and monitoring the crash history at Lola and Wilson.

Commissioner Carbone

asked if there had been any headway with NDOT about working together to move the stop bars on Pahrump Valley Boulevard as it got to 372.

Mr. Fanning

said he had spoken with Mike Yates about it recently and Mr. Yates had forgotten. He was looking into it now.

Commissioner Carbone

commented on the number of car accidents again last week and said people needed to pay attention.

Mr. Fanning

brought up the fact that they were no longer getting calls from Pahrump Valley Fire and Rescue or the Sheriffs Office when there was an accident or if a stop sign was run down due to an accident, which was a dilemma for them. He was getting ready to send a letter to both areas to notify them to keep Public Works in the loop.

Sheriff DeMeo

said all Mr. Fanning had to do was call them, but Highway 160 and Mesquite was NHP so he may have to send a letter to them.

Commissioner Wichman

asked if something had changed regarding the catch fence for the Tonopah landfill. Mr. Fanning said they had received the scrap metal money and would use that money for the catch fence. 12. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191. 403.170 and R.S. 2477 Right-of-Way.

Commissioner Schinhofen

made a motion based on staff recommendation to set a date, time and location of August 5, 2014, at 10:15 a.m. in Tonopah, Nevada, for Nye County Resolutions RC2014-381 through RC2014-420; seconded by Commissioner Borasky; 5 yeas. July 1,2014 PLANNING!BUILDING 35. For Possible Action Discussion and deliberation on a request for three waivers of landfill maintenance fees pursuant to Nye County Code 8.24.240.B.3: Norma, Jody M. & Karl T. Bradshaw, Property Owners. AP #s 11-571-02, 11-581 -06 & 11-591 -03 located in Duckwater (LF-f 4-0001).

Commissioner Carbone

asked why the borderlines of these properties were not removed so it was all one set of properties since it was agricultural. Then there would not be an issue with the landfill fees. Darrell Lacy, Planning Director, advised this was the request from the property owners. There would be a cost for surveying and lot line adjustments if they were to combine the properties. This was one of the specific exceptions in the Code where the Board had the authority to grant the waivers.

Commissioner Carbone

expressed concern about doing this for many people and losing funds for the landfill.

Commissioner Wichman

believed the waiver was put in for pieces of property that were truly agricultural. She hoped over time anyone who had agricultural land adjacent to their own land would bring this forward.

Commissioner Schinhofen

was concerned with the inability to remove the waiver if the land was sold and suggested the Recorder research properties when sold to see if a waiver had been placed so it could be lifted. Kelly Harris from Planning advised that once this went before the Board it was turned over to the Assessor’s Office who took it off of the tax for the property. They had a database of all the waivers, which were monitored closely.

Commissioner Schinhofen

said he would like it to be reviewed.

Mr. Fanning

stated if this path kept being taken then he would have to come to the Board to ask for money to set up bin stations and cautioned that in the future there would be a lack of funding.

Commissioner Wichman

agreed with the concern about the funding, but said the Code allowed for the waiver and the Code would have to be changed in order to deny it.

Commissioner Wichman

made a motion based on staff recommendation to approve the three waivers for the landfill maintenance fees; seconded by Commissioner Cox; 4 yeas. Commissioner Carbone voted no. July 1,2014 PUBLIC WORKS 36. For Possible Action Discussion and deliberation regarding the quote from Mt Grant Electric to perform the necessary electrical work for the Crafco emulsion storage tank located at the County’s Tonopah Road Department yard.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the County Licensing and Liquor Board. BROTHEL 13. For Possible Action Discussion and deliberation regarding renewals of existing Brothel License for 201412015.

Commissioner Wichman

made a motion to approve the list of the 201 4/2015 renewals; seconded by Sheriff DeMeo.

Commissioner Cox

questioned the difference in fees between the different brothels.

Sheriff DeMeo

explained it was based on the amount of independent contractors allowed at the establishment.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen.

Sheriff DeMeo

advised they did not have a certificate of occupancy or a health certificate and the license would not be given until those documents were received.

Commissioner Carbone

amended his motion to a conditional approval; Commissioner Schinhofen amended his second; 6 yeas. July 1,2014 15. For Possible Action Discussion and deliberation regarding a Retail Liquor License for El Vaquero Inc. dba El Vaquero Mexican Restaurant, 251 S. Frontage Rd, Pahrump, NV. Ronald Smith, Applicant.

Sheriff DeMeo

stated everything was in order.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 6 yeas. 16. For Possible Action Discussion and deliberation regarding renewals of existing Liquor & Gaming Licenses for 2014/2015.

Commissioner Borasky

asked to pull some of the applications and put them on the next meeting as he had questions on them.

Sheriff DeMeo

said the liquor licenses had expired and suggested moving forward on them with a conditional approval. Brian Kunzi recommended conditionally approving for a period of time the ones there were questions on to allow for review and have them brought back.

Commissioner Wichman

noted the only Smoky Valley Truck Stop she could think of was the old Scott Stop which had been closed for years. She wondered if the list was of those who had applied for renewal or if it was a list of everyone who ever had one, If it was a list of anyone who ever had one than that was messing up the County’s projected revenue.

Sheriff DeMeo

said he had instructed his staff to vet the ones which were not active but he would look into it

Commissioner Wichman

asked if a closed business could continue to apply for a liquor license simply to keep it active. Sheriff DeMeo advised that by ordinance if they applied to the Commission they could hold their liquor license.

Commissioner Schinhofen

suggested a motion on the ones that needed to come back and a separate motion on the others.

Commissioner Borasky

said his questions were about the connection between Hole in the Wall and Carmelo’s as well as the ownership of Mountain View Rec Center as he thought Terrible’s had bought into that.

Sheriff DeMeo

said some of it depended on the dba information provided by the applicant. Brian Kunzi explained Terrible’s was still working on their gaming license and until that happened they needed to continue working under the current liquor license. Once they took over operations they would apply for the new license. July 1,2014 16. For Possible Action Discussion and deliberation regarding renewals of existing Liquor & Gaming Licenses for 2014/2015.-Cont’d.

Commissioner Carbone

made a motion to approve the list with a conditional 60-day period for The Hole in the Wall/Carmelo’s, the Smoky Valley Truck Stop, and El Jefe’s; seconded by Commissioner Schinhofen; 6 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. The Board was in recess to discuss litigation. SITTING AS THE BOARD OF COUNTY COMMISSIONERS DISTRICT ATTORNEY 30. For Possible Action Discussion and deliberation on proposed settlement agreement regarding Nye County vs. UICN et al concerning the failures along the CCA Nevada Southern Offsite Utilities Trench and authorization for County Manager to execute final settlement agreement.

Commissioner Wichman

was not present. Attorney Thomas Beko said the settlement to Nye County was offered at $4.5 million and Attorney Brent Ryman would break the settlement down for the Commissioners.

Commissioner Wichman

was present. Attorney Ryman said the proposed resolution involved a release of all claims by the County against the various defendants involved in the CCA Nevada Southern Detention Center Offsite Utilities Project. The payments would go into a pot of $6.25 million with a portion of that going to UICN. Mr. Ryman outlined those payments as $2.197 million from Spirit, the underground utilities contractor; $550,000.00 from F & D; $695,000.00 from Ninyo & Moore, the inspection/testing services company; $750,000.00 from CCA; $250,000.00 from WLB, the company who put together the plans; $100,000.00 from PBS&J; $450,000.00 from Nigro Construction, Inc.; $65,000.00 from Wulfenstein Construction; and $1.193 million from UICN. Of that pot, $4.5 million would go to the County and the test would go to UICN. Attorney Beko advised there were certain risks associated with the settlement due to not knowing what would happen to other sections of the road that were never rebuilt, but it was their recommendation that this case be settled. He said there was enough money built into the settlement to cover future contingencies.

Commissioner Schinhofen

noted how critical he was on how long it was taking to get any of this done. July 1,2014 30. For Possible Action Discussion and deliberation on proposed settlement agreement regarding Nye County vs. UICN et al concerning the failures along the CCA Nevada Southern Offsite Utilities Trench and authorization for County Manager to execute final settlement agreement.-Cont’d. Attorney Beko acknowledged the Commission as well as Brian Kunzi took a lot of criticism about the time it took from the time of the failure until the time this final settlement was reached. He said one of the things was that there were at least ten different entities involved in different aspects of the original construction. Once the failure occurred the County was duty bound to make certain that all parties that might be involved in future litigation had a full and complete opportunity to inspect the work being done during the reconditioning of the trench line. If the County had not afforded those parties every opportunity to collect that evidence a lot of negative ramifications could have come from that from the standpoint of spoliation of evidence. Attorney Beko said

Mr. Kunzi

acted appropriately during this time and the County would not be in this favorable position without his actions.

Commissioner Carbone

made a motion to accept the proposed settlement agreement regarding Nye County vs. Utilities, Inc., concerning the failure of the CCA Nevada Southern Offsite Utility Trench and authorize the County Manager to execute the final settlement and have the District Attorney follow up on any contract changes that might come up; seconded by Commissioner Borasky.

Mr. Kunzi

clarified that as long as there were no substantive changes in the agreement the County Manager would then be allowed to do any type of form changes that may come in.

Commissioner Wichman

said Corvus Gold had sent a letter expressing concern about a couple of items in this, but the open area plan had been in place since 2009. There were no changes to the open area plan and there had not been an issue with what Corvus Gold had been doing since 2009. She believed all they needed was community support in their expansion plan. She added the residential designation was private property and the Board could not do anything about that. July 1,2014 10. 1 1:30 For Possible Action Public Hearing, discussion and deliberation to - — adopt, amend and adopt, or reject Nye County Resolution No. 201 4-15-Cont’d.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

opened and closed the public hearing. 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.

Commissioner Wichman

asked that item 18 be pulled for discussion.

Commissioner Carbone

asked that item 23 be pulled for discussion.

Commissioner Wichman

made a motion to approve items 17 and 19-22; seconded by

Commissioner Borasky

; 5 yeas. 17. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 17 and 19-22; seconded by

Commissioner Borasky

; 5 yeas. 19. For Possible Action Approval of the FFYI4 grant award from the State of Nevada, Division of Emergency Management (DEM), Emergency Management Performance Grant (EMPG) to provide a portion of the Director’s salary and benefits.

Commissioner Wichman

made a motion to approve items 17 and 19-22; seconded by

Commissioner Borasky

; 5 yeas. 20. For Possible Action Approval of the FY 15 State of Nevada Emergency Response Commission’s (SERC) Planning, Training, Equipment and Operations grant for equipment and operations.

Commissioner Wichman

made a motion to approve items 17 and 19-22; seconded by

Commissioner Borasky

; 5 yeas. July 1,2014 21. For Possible Action Approval to apply to the State of Nevada Emergency Response Commission (SERC), Mid-cycle Hazardous Materials Emergency Preparedness (HMEP) FFY 14 grant to support the attendance of first responders to the 2014 Fireshowsreno Conference.

Commissioner Wichman

made a motion to approve items 17 and 19-22; seconded by

Commissioner Borasky

; 5 yeas. 22. For Possible Action Approval: (1) to accept the SFY 2015 Grant Award from the Nevada Aging and Disability Services Division (ADSD) to provide senior transportation services in Amargosa Valley, Beatty, Gabbs, Smoky Valley and Tonopah in Nye County; and (2) of the Confidentiality Addendum with Nevada Aging and Disability Services Division.

Commissioner Wichman

made a motion to approve items 17 and 19-22; seconded by

Commissioner Borasky

; 5 yeas. 18. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Wichman

said from what she was reading the State was granted abatements from property tax, but the School District was kept whole at 50% with 45% to be placed in the renewable energy fund, leaving 5% in collected in taxes. She did not think that was true and asked if it was 45% of some portion out of the collected taxes rather than 45% of the whole. This matter was tabled until the July 15, 2014, Board meeting. 23. For Possible Action Approval to apply to the State of Nevada, Division of Emergency Management (DEM), for the Supplemental FY13 Emergency Management Performance Grant (EMPG) for six (6) Protégé 4-gas meters.

Commissioner Carbone

said he just wanted people to understand the gas meters would be handed out throughout the County, not just in the Pahrump area.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS 24. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. July 1,2014 25. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 27. For Possible Action Discussion and deliberation on approval for support of the final Nevada Land Management Task Force report to the Legislative Committee on Public Lands.

Commissioner Wichman

stated there were so many questions about the task force as it related to the wild horse and burro that she wanted everyone to know that language was added to section 6 which would allow the Secretary of the Interior to enter into cooperative agreements with the State and local agencies to manage and protect horses on State and federally managed lands. The final report would be on the next Board meeting agenda. 28. For Possible Action Discussion and deliberation regarding a resolution regarding the actions of the Ash Meadows Wildlife Refuge and their deleterious effect upon the Patch of Heaven Church Camp.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Cox

asked if using Ash Meadows in the resolution rather than Fish and Wildlife would be a problem when referring to the refuge. Ed Goedhardt believed it should be changed to the United States Fish and Wildlife Service.

Commissioner Borasky

amended his motion to reflect the statements made;

Commissioner Carbone

amended his second; 5 yeas. CLERK 29. Presentation of proiected expenditures of the money in the Clerk’s Technology fund to be used in the 201412015 Fiscal Year. Sam Merlino said it took six years to get $1,200.00 in the account. She said she did buy herself a Surface because her laptops were old, but it would take another five or six years to get enough money to do anything else. July 1,2014 29. Presentation of projected expenditures of the money in the Clerk’s Technology fund to be used in the 201412015 Fiscal Year.-Cont’d.

Commissioner Schinhofen

asked why the fund accrued so slowly. Mrs. Merlino said it was by statute and was $5.00 from every notary filed. SHERIFF 31. For Possible Action Discussion and deliberation regarding a Display Fireworks Event Permit to Beatty Volunteer Fire Department. Mike Harmon, Applicant.

Commissioner Catbone

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. Commissioner Wichman was not present. COUNTY MANAGER 32. For Possible Action Discussion and deliberation to ratify the County Manager’s selection for Planning Director.

Commissioner Wichman

was present. Pam Webster explained Darrell Lacy had been in the position of Community Development Director and with the completion of some of the NWRPO activities he had agreed to accept the position and work in the Planning Department as the Planning Director. She was requesting the Board’s ratification of that move and his placement in that position. Brian Kunzi requested the Commissioners indicate that they were appointing him to that position pursuant to the Code, making it a formal appointment.

Commissioner Wichman

made a motion to formally appoint and asked if this would add to Mr. Lacy’s hats.

Mrs. Webster

said there would be discussions to refine some of his other activities, but at this point in time he would still carry other hats with his primary function and responsibility being Planning Director.

Commissioner Wichman

cautioned that when someone got too many hats they could not serve effectively for any of the hats.

Commissioner Carbone

seconded the motion to formally appoint; 5 yeas. July 1,2014 FINANCE 33. For Possible Action Discussion and deliberation regarding the Nye County Purchasing Policy to raise the bid threshold for the formal bid process and increase the threshold for two or more competitive quotes. Pam Webster advised that for quite some time the County had been behind the NRS at $25,000.00 for competitive bids as the NRS was at $50,000.00.

Commissioner Carbone

made a motion to raise the bid threshold from $25,000.00 to $50,000.00 with a proviso that anything over $25,000.00 needed to be approved by the County Manager; seconded by Commissioner Borasky; 5 yeas. HEALTH & HUMAN SERVICES 34. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding for Services between the Special Assistance Fund for Energy (SAFE) Program associated with NV Energy to provide an intake site for SAFE applications.

Commissioner Wichman

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

Commissioner Borasky

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

Commissioner Schinhofen

adjourned the meeting. APROVED this ATTEST: Of 7hAL4 7 , 2014. c £A