July 15, 2014

Commissioner Carbone

expressed the appreciation of the Board, town and County to Butch Harper for everything he did. Anthony Greco stated he filed 41 subpoenas in district court yesterday and the Board needed to be served. He asked if they wanted to accept them personally or if Brian Kunzi should accept them.

Mr. Kunzi

advised they needed to be individually and personally served, not left at someone’s office. The subpoenas also needed to be accompanied by a $25.00 witness fee per statute or they were not valid. July 15, 2014 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. Rick Tretter said he lived on Margarita Street and over the past several years had been accosted by dogs as had his next door neighbor. He also had a notice from his letter carrier from April saying she could not deliver the mail as the dogs attacked the mail truck. Animal Control told her they could not do anything unless they saw the dogs loose. Mr. Tretter was worried about small children in the neighborhood and said it was just a mailer of time until the dogs mauled someone.

Commissioner Carbone

asked Mr. Tretter to attend the Animal Advisory Committee meeting on Thursday at 6:00 p.m. at the Emergency Management Building. If Mr. Tretter could not attend Commissioner Carbone said he would carry the message forward.

Mr. Kunzi

advised he had been working closely with Animal Control and he would make sure appropriate action was being taken. Mark Walker, Dean of the Cooperative Extension at the University of Nevada, thanked the Commissioners for the proclamation issued in celebration of the centennial of the founding of the Extension in the United States and for the level of support provided for the Cooperative Extension in Nye County. Joy Belonga with the Agriculture Extension said due to an employee retirement there was a huge void to fill in Tonopah. She was gathering an advisory group this week to look at that position and the needs in Tonopah to try to move forward to fill that. Additionally, that County position had now transitioned to a State classified position with the idea of reducing the County’s liability. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Commissioner Carbone

assumed the Chair of the Board of County Road Cornmissioners.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion based on staff recommendation to adopt Nye County Resolution Nos. RC2014-341 through RC2014-380; seconded by Comm issioner Borasky; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Borasky

asked that Basin Avenue where Linda crossed be looked at as there were divots and abnormalities on either side that were getting worse.

Commissioner Cox

said the people on Betty were very thankful and happy with their new toad. She also noted that although the work on Calvada between Blagg and Red Rock was only half done the area was much better. Tim Carlo from Public Works advised that was part one of the overall build-o ut there. He planned on skin patching it and/or looking at the test strip as an option for it.

Commissioner Carbone

said something needed to be done at the interse ction of Mesquite and Leslie as it was a highly used road and wondered if the skin patch and grinding might help.

Mr. Fanning

said that was on their radar and as time allowed they would get to that intersection. Manse Road was coming up and would consume their time for the next six months.

Commissioner Carbone

asked about the scheduled date for the skin patch testing. Mr. Fanning said they had just received the hold harmless and indemnity letter from Wulfenstein and would forward it to the District Attorney’s Office for review . They had a tentative schedule, but that review needed to be done before they could start work. July 15, 2014

Commissioner Schinhofen

asked if Manse Road was still on time to start in August. Mr. Carlo said he planned on starting the grinding on Manse Road as soon as he got done with the smaller skin patches.

Commissioner Borasky

asked if something was going to be done about the divot that had been along Manse Road for months. Mr. Carlo said they would be taking care of that.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as August 19, 2014, at 10:15 a.m. in Pahrump, Nevada, for Nye County Resolutions RC2014-421 through RC2014-460; seconded by Commissioner Borasky; 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 and execute the agreement; seconded by Commissioner Borasky. Brian Kunzi was concerned because what he saw was more than just removing Toiyabe Humboldt National Forest. There was a whole page of corrections that he was not sure the Board had seen.

Mr. Fanning

said the agreement Mr. Kunzi was talking about was probably a page of strike-throughs. The changes had everything to do with the Toiyabe National Forest as a whole so it was not just taking out that word. July 15, 2014 43. For Possible Action Discussion and deliberation regarding the Project Memorandum of Agreement between Nye County, Humboldt Toiyabe National Forest, and Federal Highway Administration Central Federal Lands Highway Division associated with the rebuild of approximately 0.8 miles of Main Street in Manhattan, Nevada.-Cont’d.

Commissioner Schinhofen

asked if this would materially change getting the road done. Both Mr. Fanning and Mr. Kunzi said it could. Mr. Kunzi added he did not have any legal problems with it but he was concerned that what they sent was not something that was really presented.

Commissioner Wichman

instructed that if anything changed in the agreement that changed what the County agreed to it would come back. If not, then staff would move forward and execute the agreement.

Commissioner Borasky

said the 4th of July parade went well and attendance was way up. The plan was to make it larger next year. Sam Merlino advised J.G. Johnson had a math workshop on November 4, 2014, so voting would be in the old gym at the Pahrump High School. 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 for the status of the gaming, liquor and Public Administrator workshops he had requested. Pam Webster thought he wanted an agenda item, but said she could schedule workshops. Brian Kunzi felt some of the changes with the liquor licensing and brothel might be appropriate for a workshop just to get some public input on where to go, but he was not July 15, 2014 7. Commjssioners’jManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. sure with the Public Administrator issues. He thought that could be taken care of in a meeting to address some of Commissioner Carbone’s issues and then have a public meeting.

Commissioner Borasky

did not see the need for a workshop on the brothel either as it was an ordinance change which he believed could be done in-house.

Mr. Kunzi

asked the Commissioners to individually send him specific issues, not specific language, they wanted addressed and he would work with the County Manager to have the language drafted.

Commissioner Borasky

noted the trees that were dying in the entrance because they were not getting enough water. Mrs. Webster said she was working with Purchasing to get quotes for evaluations of the trees as to which need to be worked on and which needed to come out.

Mrs. Webster

said a workshop for the Pahrump Airport would be held on July 23, 2014, at 10:00 a.m. in Pahrump. Town Manager Susan Holecheck and her staff would give a presentation.

Commissioner Schinhofen

said it was brought to his attention that Code 9.04 dealing with paraphernalia could be in conflict with what would be approved for medical marijuana and he did not know if that needed to be looked at.

Mr. Kunzi

advised he had looked at it. Paraphernalia by definition was the use of any item to smoke marijuana that was in violation of the Uniform Substance Control Act. Since the State statute specifically exempted a card holder, they were not violating that act and could not get to a paraphernalia conviction if they were using it for the use of medical marijuana. He did not see it as a conflict and did not see a reason to amend the ordinance. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Road Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan and Railroad Valley regular meeting on June 17, 2014 and teleconference on June 27, 2014.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. July 15, 2014 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. 24. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 24-28; seconded by

Commissioner Borasky

; 5 yeas. 25. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, October 21, 2014 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 24-28; seconded by

Commissioner Borasky

; 5 yeas. 26. For Possible Action Approval to accept the grant award for the Community Services Block Grant (CSBG) along with Assurances to provide assistance for very low to low-income population.

Commissioner Wichman

made a motion to approve items 24-28; seconded by

Commissioner Borasky

; 5 yeas. 27. For Possible Action Approval to apply for CSBG Discretionary Funds to provide case management for clients enrolled in the CSBG Adult Employment Incentive Program.

Commissioner Wichman

made a motion to approve items 24-28; seconded by

Commissioner Borasky

; 5 yeas. 28. For Possible Action Approval to accept the State of Nevada, Division of Emergency Management (DEM) Supplemental FY13 Emergency Management Performance Grant (EMPG) for six (6) Protégé 4-gas meters.

Commissioner Wichman

made a motion to approve items 24-28; seconded by

Commissioner Borasky

; 5 yeas. BOARD OF COMMISSIONERS 29. 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 15, 2014 30. 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. 31. 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. 32. 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

said this was the final version that would be on the Task Force agenda on Friday for approval and although not required it would be nice to have a formal vote for support of the report.

Commissioner Borasky

made a motion to approve support for the Nevada Land Management Task Force report; seconded by Commissioner Cox; 5 yeas. 33. 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. 2014-22: a Bill proposing to amend Title 2 of the Nye County Code by adding a new chapter 2.84 creating the Nye County Peace Officer Advisory Review Board, setting forth its powers and duties, establishing the numbers and terms of the members thereof; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Carbone

made a motion to set a date of August 19, 2014, at 10:45 a.m. in Pahrump; seconded by Commissioner Wichman.

Commissioner Wichman

asked for clarification regarding the board consisting of twelve individuals with three out of that twelve selected for each review. Brian Kunzi explained it was designed to break down into panels to review cases.

Commissioner Carbone

read the title of the bill into the record. July 15, 2014 33. 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. 20 14-22- Cont’d.

Mr. Kunzi

asked that if anyone had anything they wanted to amend to get that to him as quick as they could so it could be incorporated into the changes and a clean copy of the bill presented at the next meeting. 34. For Possible Action —Discussion and deliberation to: 1) ratify the County Managers selection of L. Darrell Lacy as the representative of the BOCC for the intervention of Nye County in the UICN 2014 IRP Docket No. 14-02043 at the PUCN; and 2) endorse the testimony submitted by L. Darrell Lacy to the PUCN on June 23, 2014.

Commissioner Schinhofen

thought the County was clear when it said it was going to intervene. The County Manager asked Darrell Lacy to write the letter and

Commissioner Schinhofen

did not think the second part of the item needed to be done.

Commissioner Wichman

made a motion to ratify the selection for the Board of County Commissioners representative in this matter and endorse the testimony to be submitted; seconded by Commissioner Borasky.

Commissioner Wichman

noted there was no concurrence by the Water Board as they did not chose to be an intervener.

Commissioner Cox

asked if the answers had been submitted already or if everything had to be ratified today and then submitted. Mr. Lacy stated everything was submitted several weeks ago as he did not have a chance to bring it back due to the tight time frame. That was questioned, which was why it was brought back for ratification now.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

made a motion to approve the Fall Festival license for September 25-28, 2014, at Petrack Park; seconded by Commissioner Borasky. July 15, 2014 10. 10:45 For Possible Action Public Hearing, discussion, and deliberation to - — issue an Outdoor Festival License to the Town of Pahrump for the Pahrump Fair and Festival to be held on September 25-28, 2014 at Petrack Park on the corner of Highway 160 and Basin Avenue, Pahrump, Nevada.-Cont’d.

Commissioner Schinhofen

said the agenda item showed the County Manager and Finance were not applicable for routing, but it did not show anything for the Sheriff or Health and he thought that was part of the Code for the Board to approve it. Sam Merlino advised her staff did send the information out to them.

Commissioner Schinhofen

opened the public hearing. Brian Kunzi said he had been receiving phone calls that this was an attempt by the County to abolish all town boards and nothing could be further from the truth. This was something that was in the works while waiting for the Supreme Court to make the final decision as there was an anomaly within the Code. For the Town of Pah rump to continue operating in its current format it had to be exempted from the Unincorporated Town Government Law, but the way that law was written it only exempted those towns with an elected town board. As Pahrump would not have an elected town board after January 5, 2015, it had to be amended to provide an exemption for Pahrump. The amendment simply named all of the towns that had an elected town board and added Pahrump to the list. It had zero effect on any other town, but it could have devastating effects on Pahrump if not changed. Horace Carlyle, speaking as an individual and a resident of Tonopah, asked what the legal status of the Tonopah Town Board would be now and whether the language under Section 5.30 or Section 6.29 of the Unincorporated Town Government Law would apply to it.

Mr. Kunzi

explained the towns were covered by NRS Chapter 269. There were two portions of that chapter, which he referred to as “town government light” and “town government full.” The top half of that chapter was “town government full” applicable to all elected town boards and any other town the Unincorporated Town Government Law July 15, 2014 II. 10:45 For Possible Action Public Hearing, discussion, and deliberation to: — — I) Adopt, amend and adopt, or reject Nye County Bill No. 2014-17-Cont’d. was exempted from. The second part of Chapter 269, the Unincorporated Town Government Law, was very limited in what services could be provided and what the authority of the town was. Mr. Kunzi did not think it was anyone’s intention that the structure of the Town of Pahrump change just because the elected town board was going away. All this would do was prevent the Town of Pahrump from falling down to that lower level which would keep it very restricted in how it performed services, owned property, etc.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman with an effective date of August 4, 2014; 5 yeas. 12. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or relect Nye County Bill No. 201 4-20: A Bill proposing to amend Nye County Code Title 17, Comprehensive 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) Set an effective date.

Commissioner Carbone

made a motion to set the effective date as August 4, 2014, and adopt amended Bill No. 2014-20; seconded by Commissioner Cox.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

made a motion to affirm the PRPC denial of Conditional Use Permit (CUP) No.14-0001.

Commissioner Schinhofen

opened the public hearing. July 15, 2014 13. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation on — — Appeal Case No. AP-1 4-0003-Cont’d. Carl Grubb did not understand why it was denied. They had brought everything up to code, cleaned the property, and eliminated anything that would obstruct getting the CUP. Darrell Lacy advised they were given 90 days to bring the property into compliance. They failed to do so and the RPC denied the permit.

Commissioner Carbone

added there were also things done to the property without proper permitting.

Commissioner Borasky

seconded the motion to affirm the PRPC denial of CUP No. 14- 0001.

Commissioner Cox

asked why this was not grandfathered in as she thought on anything done before 1998 people did not have to apply for permits, including kennels. Mr. Lacy explained this was a CUP to allow a commercial kennel and was not grandfathered. The facilities they had were judged substandard after investigation by the Animal Control Officer. They were given 90 days to bring those up to standards and they failed to comply. Additionally, any expansion or change of the grandfathered use required a CUP.

Mr. Grubb

advised the changes for the kennel were done but they could not get anyone to look at them. Animal Control was out there last week and said it looked great. Brian Kunzi stated the action taken by the RPC had nothing to do with nor addressed the grandfathering issue as standards could not be grandfathered. To continue with dilapidated standards to the detriment of the safety and health of the public was not what a grandfathered use was.

Mr. Grubb

said the main concern was sanitation, getting the kennel license, and removing the electrical. They had done all that.

Commissioner Wichman

asked what their next step would be if the Board affirmed the denial of this permit.

Commissioner Carbone

said the next step in the appeal process would be court. Mr. Kunzi added they could also reapply in one year. Myra Rodriguez advised they were up to compliance before the last meeting. Animal Control was there the month before and the changes were not done then. After Mr. Grubb and her dad finished Animal Control was called to come back and check the property for compliance, which they did the week before the last hearing. July 15, 2014 13. 11:00 For Possible Action Public Hearinci, discussion, and deliberation on — — Appeal Case No. AP-14-0003-Cont’d.

Commissioner Carbone

asked when Bill Browning went out and approved the pads.

Mr. Grubb

said that was after the meeting, but everything else was done before the meeting.

Commissioner Carbone

said there was no confirmation that everything had been properly taken care of at that time and asked what the other options were besides affirming the decision.

Mr. Kunzi

advised the Commissioners could reverse what the RPC did, but if they wanted to grant a CUP they could also impose additional conditions.

Commissioner Wichman

noted that during an appeal process the Commissioners were not supposed to take additional information, but the RPC did not receive this information either. She asked if it could be remanded back. Since there was testimony at the hearing the work was done but not confirmed, Mr. Kunzi thought it would be appropriate to have this re-reviewed by the RPC confirming whether or not it had been done and if it would change the decision made by the RPC.

Commissioner Carbone

withdrew his motion; Commissioner Borasky withdrew his second.

Commissioner Catbone

made a motion to allow this to go back to the RPC for further evaluation; seconded by Commissioner Cox. Pam Webster asked if the RPC’s decision would be final and not appealable. Mr. Kunzi advised it was still appealable.

Commissioner Schinhofen

asked if dogs were still housed in the trailers. Mr. Grubb said no, except for one section of one trailer.

Commissioner Schinhofen

opened the public hearing.

Commissioner Carbone

made a motion to approve MP-14-0002 and ZC-14-0004; seconded by Commissioner Borasky;

Commissioner Schinhofen

closed the public heating.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

made a motion to approve MP-14-0002 and ZC-14-0004; seconded by Commissioner Borasky; 5 yeas. July 15, 2014 16. 1 1:00 For possible action MP-14-0003: Public hearing, discussion, and — — deliberation on a request for a Minor Master Plan Amendment application to change approximately 4.0 acres (net) from the General Commercial master plan designation to the Low Density Residential master plan designation, situated approximately 350 feet south of the intersection of Thousandaire Boulevard and Pahrump Valley Boulevard, located at 6080 & 6170 S Pahrump Valley Blvd and 6111 & 6141 S Tequila Way, further known as Mesa Oeste Estates, Uniti, Block 3, Lots 3, 4, 5, and 6, Township 21 South, Range 53 East, Section 15. John Kelly, Guillermo & Camerina Gamboa, Ray Bell, Richard Metheny Property Owners. Pahrump Regional Planning Commission Applicant. AP#’s 044-693-01, 044-693- 02, 044-693-03, 044-693-04. Darrell Lacy explained the zoning change was approved at the last meeting and this was just to make sure the master plan conformed to the zoning change.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Schinhofen

expressed concern with commercial in the area.

Commissioner Schinhofen

opened the public hearing. John Bosta pointed out there was a difference between a zero and saying “o.” It was an improper reading as it was a zero.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

made a motion to approve ZC-1 4-0003 as per the recommendation of the RPC; seconded by Commissioner Wichman; 5 yeas. July 15, 2014 18. 11:00 For possible action ZC-14-0005: Public hearing, discussion! and — — deliberation on a request for a Zone Change application to change approximately 1.36 acres (net) from the Rural Estates (RE-I) Zoning District to the Commercial Manufacturing (CM) Zoning District, for property proposed to be Master Planned as Rural Development Area CRDA), located at 3221 E. Thousandaire Blvd.. further described as Parcel I of File Map #67022, Township 21 South, Range 54 East, Section 18. Estate of William E. Griffin Property Owner. Dorothy R. Hayes Applicant. AP# 045-211-01.

Commissioner Schinhofen

opened the public hearing. Kenny Sprouls was concerned about marijuana being manufactured there. Darrell Lacy advised that was not the intent. This was to take buildings that had been in light industrial activity and change the zoning to the active use going on. Dorothy Hayes said they were attempting to sell property from her father’s estate and were told no marijuana would be grown there. The sale would be a huge financial gain or loss depending on if they got the zoning. Her father had a business since they owned the property in 1998 and she just wanted to be able to market it as commercial property.

Commissioner Borasky

saw this property in front of the RPC when he was on it and it had always been used as commercial property. Debra Strickland stated Bill Griffin Enterprises operated for a long time there without the proper permitting.

Commissioner Schinhofen

closed the public heating.

Commissioner Carbone

made a motion to approve ZC-1 4-0005 per the recommendation of the RPC; seconded by Commissioner Borasky; 5 yeas. 19. 11:00 For possible action ZC-14-0006: Public hearing, discussion, and — — deliberation on a request for a Zone Change application to change approximately 13.58 acres (net) from the Rural Homestead (RH4.5) Zoning District to the Rural Estates (RE-2) Zoning District with a Business Opportunity Overlay Zone, for property Master Planned as Low Density Residential, located at 3171 E. Tillman Street, further described as Lot 43 of Cal-Vista Subdivision, Township 21 South, Range 54 East, Section 31. Daniel Seid & Seftlemeyer Trust— Property Owner. Stephen Seftlemeyer Applicant. Civilwise Services Inc. Agent. AP# 045441-15.

Commissioner Schinhofen

opened the public hearing. Ralph McCracken failed to see the need for the zoning change since subdividing to less than ten acres was prohibited and RE-2 would bring it down to two acre chunks. He July 15, 2014 19. 11:00 For possible action ZC-14-0006: Public hearing, discussion, and — — deliberation on a request for a Zone Change application-Cont’d. was also told this morning that Public Works never commented on this yet the Road Division would come out when there was a significant amount of rain and post signs on both ends of the toad about it being flooded. He suggested the Commissioners do something about the roads or deny this. He was also concerned about traffic re-routing itself to get to the planned businesses.

Commissioner Schinhofen

said he was very aware of the flooding and the County had been trying to get BLM to cut a channel in that area. Darrell Lacy stated the original request for a zoning change included a change from RH- 4.5 to RE-2. The recommendation from the RPC was to leave the original RH-4.5 in place but approve the change to the business opportunity overlay zone so it was not cut into smaller pieces.

Commissioner Schinhofen

added that any business that went in that needed an SUP would have to work with Public Works.

Commissioner Schinhofen

closed the public hearing.

Commissioner Carbone

was also concerned about the roads and puffing businesses in there. Rachel Kryder from Civilwise Services, representing the applicant, said they would put that in their plans.

Commissioner Borasky

suggested putting a condition on it that it would revert back if there was a concern.

Commissioner Wichman

made a motion to uphold the RPC’s decision to do the business opportunity overlay zone; seconded by Commissioner Carbone; 5 yeas. Brian Kunzi asked if it was staying RH-4.5 with a business opportunity overlay zone.

Commissioner Wichman

said yes. July 15, 2014 20. 11:00 For possible action ZC-1 4-0007: Public hearing, discussion, and — — deliberation on a request for a Zone Change application to change approximately 8.09 acres (net) from the Village Residential (VR-20) Zoning District to the Rural Estates (RE-2) Zoning District with a Business Opportunity Overlay Zone, for property Master Planned as Low Density Residential, located at 9680 S. Oakridge Avenue, further described as Parcel I of Parcel Map Record #698126, Township 21 South, Range 53 East, Section 36. K & K Properties Group LLC Property Owner. Champ Roach Applicant. Civilwise Services Inc. Agent. AP# 044-851- — — 30.

Commissioner Schinhofen

opened and closed the public heating.

Commissioner Carbone

was again concerned with the business overlay and asked if they were approving the zone with the business overlay. Darrell Lacy explained at least a one-acre parcel was needed for business opportunity overlay. The business opportunity overlay would not apply to the VR-20 zoning so the zoning needed to be changed to the rural estates.

Commissioner Carbone

made a motion to approve ZC-1 4-0007 per the recommendation of the RPC; seconded by Commissioner Borasky; 5 yeas. PUBLIC PETITIONER

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. The Board was in recess until 1:30 p.m. DISTRICT ATTORNEY 35. For Possible Action Discussion and deliberation regarding extending financing to Nye Regional in the amount of $250,000 to be funded from the Health Endowment Fund. Brian Kunzi explained the bankruptcy action which had been going on for several months with the goal throughout to ensure that the hospital remained operational as it was the only medical facility covering all of central Nevada and was vital to the area. The bankruptcy was now into the phase of making sure the hospital remained financially viable. They had been trying to put together groups of people who would loan some money to the hospital. Part of it was going to come from Tonopah and Round Mountain, but Mr. Kunzi had legal concerns about the legitimacy of that. Since it July 15, 2014 35. For Possible Action Discussion and deliberation regarding extending financing to Nve Regional in the amount of $250,000 to be funded from the Health Endowment Fund.-Cont’d. appeared now that the community would come back to the hospital and it would be viable, he was proposing the Commission loan $2 million from the endowment funds to the hospital on a revolving, as needed, monthly basis to meet whatever financial deficiencies they had. It would be a long-term loan with a 2% interest rate, which was more than the County was getting on its current investments. Mr. Kunzi said he had initially proposed $250,000.00, but the capability to use the $2 million loan cap was needed.

Commissioner Wichman

asked if Round Mountain Gold was investing as well. Mr. Kunzi said they already loaned $250,000.00 and went on to explain the court was looking for an exit strategy. There was a hearing next week which was why action needed to be taken immediately so a viable plan could be presented to the court. Mr. Kunzi said the court needed to know that there was financial backing of the hospital; otherwise, the only other option was liquidation which would mean no hospital.

Commissioner Wichman

stated her belief that a situation like this was exactly what the endowments were set up to do. She described a recent experience she had at Nye Regional and said she was truly impressed with the professional improvements and care, so much so she was now recommending people go there.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Carbone

asked if the closure of the hospital would mean there would be no medical facilities for several miles in that area. James Eason, Tonopah Town Manager and the designated County representative on the board of directors for the company operating the hospital, stated if the hospital were to close the closest hospital to the north would be Mt. Grant Hospital in Mineral County, the closest to the east would be in White Pine County, the closest to the south would be in Pahrump, and the closest to the west would be in Bishop in lnyo County, California.

Mr. Kunzi

added it would be revolving credit, but the funds would only go out as requested to cover any deficiencies on a monthly basis to cover their expenses.

Commissioner Carbone

asked if it wou’d come back to the Board to dispense the funds.

Mr. Kunzi

recommended making that delegation to the County Manager to authorize the payment of those funds as submitted by the board of directors. He also pointed out that because of the bankruptcy the prior administration of the hospital had been cleaned out. There was a three-member board now with one member appointed by the Board, one appointed by Round Mountain Gold, and one appointed by the court. July 15, 2014 35. For Possible Action Discussion and deliberation regarding extending financing to Nye Regional in the amount of $250,000 to be funded from the Health Endowment Fund.-Cont’d. Pam Webster clarified the intent was that the hospital would run on its own operating income. This was a back-up cash flow plan and not intended to be the primary source of operating revenue.

Commissioner Wichman

requested a quarterly report. Mrs. Webster said she would put it in her ongoing project report.

Mr. Eason

advised they had already seen an increase in people coming back to the hospital. He outlined the recent changes that had been made, including a new chief of staff and the signing of an agreement for a long-term family practitioner.

Commissioner Cox

wanted to be sure everyone understood that this had nothing to do with taxes or a tax increase. The money would come out of a special fund set up for these types of things.

Commissioner Schinhofen

was not present.

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. COUNTY MANAGER 36. Ongoing Proiect Report

Commissioner Wichman

asked for an update on the Currant/Duckwater Fire Department. Vance Payne, EMS Director, said he had two new applications for the Currant Creek area with hopefully three or four more coming. There would be a shift of equipment and a presentation would be made on that when ready. He said there were good things happening.

Commissioner Schinhofen

was present and assumed the Chair of the Board of County Commissioners. EMERGENCY SERVICES 37. For Possible Action Discussion and deliberation regarding an ambulance billing write off of two (2) claims accounts. Vance Payne advised the second item on the agenda for $1,897.00 needed to be removed as the Veterans Administration (VA) kept that one open for the County. July 15, 2014 37. For Possible Action Discussion and deliberation regarding an ambulance billing write off of two (2) claims accounts.-Cont’d.

Commissioner Wichman

made a motion to write it off; seconded by Commissioner Carbone.

Commissioner Carbone

asked why the processing took so long causing the deadline to be missed. Mr. Payne said it was a combination of things, but primarily because they run behind on the processing from the ambulance service due to the technology the County had. There were also multiple insurance companies, Medicare, Medicaid, and the VA involved. They tried to maintain points of contact with each and had not had one for the VA for quite some time. Pam Webster added it was originally considered that this invoice was Medicare related. By the time it was learned it was not and had to go to the VA there was only a three month window to bill the VA.

Commissioner Borasky

asked Mr. Payne to contact Senator Heller’s office. They had a meeting about a month ago regarding the issues with the VA and Commissioner Borasky did not think it would hurt if Mr. Payne added his input. Brian Kunzi recommended contacting Congressman Horsford also.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. HIR AND RISK MANAGEMENT 39. For Possible Action Discussion and deliberation to approve the filling of two vacant dispatch and one vacant deputy positions. Pam Webster reminded the Commissioners of the hiring freeze and the prior determination to review every position that came forward for refilling. This was on here July 15, 2014 39. For Possible Action Discussion and deliberation to approve the filling of two vacant dispatch and one vacant deputy positions.-Cont’d. in the format it was primarily to show the savings that would be experienced by the previous person leaving the position, someone being hired at the low end of the scale as a replacement, the lag in time that would be experienced, and restarting the medical benefits. The savings generated would be moved into a reserved position to be looked at for possible repayment to the endowment fund.

Commissioner Carbone

asked if there were alternatives, like part-time with overlapping.

Mrs. Webster

said she knew that scheduling was always a problem in dispatch. She had seen in other medical communities that they would make a full-time position a shared position, but she did not know if that was possible. Natalie Arms from the Sheriffs Office explained part-time would not work in dispatch due to the 16 weeks of training plus an additional 16 weeks of remedial training if needed.

Commissioner Wichman

made a motion to approve with the promotions and the savings going into the stabilization fund until an analysis was done as to whether it would go back into the savings account; seconded by Commissioner Borasky; 5 yeas. INFORMATION TECHNOLOGY 40. For Possible Action Discussion and deliberation regarding the 911 Advisory Committee Five Year Master Plan. Milan Dimic, IT Director, advised that due to some last minute changes from Motorola parts B and C of the agenda item needed to be pulled and brought back at a later date.

Commissioner Wichman

made a motion to set the public hearing for August 5, 2014, at 10:45 a.m. in Tonopah; seconded by Commissioner Carbone; 5 yeas. NUCLEAR WASTE REPOSITORY PROJECT OFFICE 41. For Possible Action Discussion and deliberation regarding: 1) a resolution supporting implementation of recommendations of the NDOT I-Il Study; 2) support for additional study of I-Il from Las Vegas north aligned with the existing route of US 95; and 3) incorporation of Nye recommendations as proffered in our Nye County letter of October 29, 2012.

Commissioner Wichman

made a motion to adopt Nye County Resolution No. 201 4-26, and endorse support for the additional study of I-Il and incorporation of Nye County’s recommendations as proffered in the letter of October 29, 2012; seconded by

Commissioner Borasky

. July 15, 2014 41. For Possible Action Discussion and deliberation regarding: 1) a resolution supporting implementation of recommendations of the NDOT I-Il Study; 2) support for additional study of I-Il from Las Vegas north aligned with the existing route of US 95; and 3) incorporation of Nye recommendations as proffered in our Nye County letter of October 29 2012 -Cont’d.

Commissioner Borasky

stated he received a bunch of e-mails generated from the same location about how if the Commissioners voted on this they were traitors and would open the doors for illegal aliens. He had been following this for a couple of years and felt it would open up a benefit to Pahrump so he supported it.

Commissioner Wichman

said she had received some of the same e-mails and she did not think it would have an impact on immigration, legal or illegal. Herman Lewis referenced NAFTA in relation to this highway and said while the Commissioners could not stop the highway from coming through, they could send a message to the federal government that they did not want their children and grandchildren to live in a de-globalized world.

Commissioner Wichman

pointed out the concern of the Commissioners was Nye County and getting this corridor from Las Vegas to Reno, which had nothing to do with NAFTA. Tina Trenner expressed her opposition as she believed the corridor was part of a world global plan to start moving goods, people and contraband through the United States from one place to another.

Commissioner Wichman

stated unfortunately this was not about NAFTA, NIFTA, or any other acts. This was about making comments and giving them the letter written in October of 2012 to make sure it was in their records for the little piece that affected Nye County.

Commissioner Carbone

believed NAFTA was a part of this. He knew people who had lost their jobs due to trucks coming out of Mexico. He said the issue was what the letter actually said and if it deterred what this was about as far as NAFTA was concerned.

Commissioner Cox

had also received the e-mails written by Kenny Bent, Clark County

Commissioner Candidate

Cindy Lake, and Leah Allrich, which she read into the record. Each e-mail opposed Commission approval of the resolution.

Commissioner Schinhofen

said this would affect the County materially. Nothing the County did would stop it so the best thing the County could do was make comments on it.

Commissioner Wichman

made a motion to set the date, time and location for August 19, 2014, at 11:00 a.m.; seconded by Commissioner Cox.

Commissioner Borasky

said he had some concerns with the language and would work with staff.

Commissioner Wichman

read the title of the bill into the record. TIMED ITEMS-Cont’d. 21. 2:00 — Public Administrator Quarterly Report

Commissioner Wichman

asked for subtotals for each category and a total at the end of the reports.

Commissioner Cox

asked for an update on the case being handled by Bob Jones. Charlene Riley from the Public Administrator’s Office said she did not have an update on that as her office did not have the file. She believed either the Commissioners or the District Attorney’s Office were going to address that with Mr. Jones to get it resolved. Brian Kunzi said they had been trying to address it with Falcon Finhinson and had not been able to get an update. He believed there needed to be a successor administrator appointed on these estates, but his office could not do that. He said they had been July 15, 2014 21. 2:00 — Public Administrator Quarterly Report-Cont’d. working with the Public Administrator’s Office to try to get them to change their format so the Public Administrator would be appointed as the administrator with deputies being able to sign like Mr. Kunzi’s deputies did in prosecuting cases.

Commissioner Cox

asked if Mr. Jones was even working on this case. Mr. Kunzi said

Mr. Jones’

attitude was that he was appointed to it and he would finish it.

Ms. Riley

believed that in prior cases that had to have an administrator removed just a petition was filed by Mr. Finlinson to remove and replace them. She asked if their office should do that.

Mr. Kunzi

said that was they had been asking for and he did not think Mr. Jones could object as he was no longer part of the County and no longer covered by the bond. He said he would assist Ms. Riley with getting the petition filed.

Commissioner Carbone

asked for a copy of the Public Administrator’s Office’s standard fees. Commissioner Wichman advised they were set by the Code and were on the Web site.

Commissioner Wichman

commented on how much it cost a Commissioner to travel to Pahrump and said if he would like to pay for her hotel room and fuel she would be happy to donate her time. Mr. Greco told her to send him the bill and he would take care of it. July 15, 2014

Commissioner Borasky

said one member of the town board was displeased that he left the meeting before it was over, but after sitting there for four hours listening to people debate back and forth on every item for up to half an hour or 45 minutes it got boring and he had to leave. If that town board member did not like the fact that he left he could address the Board of County Commissioners chairman and ask for someone else.

Commissioner Schinhofen

said the next meeting was tomorrow at 9:00 a.m. There would be normal public comment for things not on the agenda and comments could be made on the items on the agenda after the presentations at two minutes per person.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: 2014. (%çp

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