August 19, 2014

Commissioner Borasky

was present via telephone. Pam Webster said items 6, 11-12, 19-21, and 35-36 could be removed from the agenda. There would be a closed session for litigation.

Commissioner Cox

was present. August 19, 2014 PUBLIC PETITIONER

Commissioner Wichman

made a motion to set the date, time and location as October 7, 2014, at 10:45 a.m. during the Tonopah meeting; seconded by Commissioner Carbone; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. 38. For Possible Action Discussion and deliberation to allow Friends of the Belmont Courthouse to place a 12’x24’ storage shed on county property behind the Belmont Volunteer Fire Station.

Commissioner Wichman

thought this was a great idea and would also provide storage for items donated for future preservation inside the building. Once there was a secure place from the weather and vermin she would like someone from staff to go to the old courthouse in Belmont to get some ledgers that were drafted to possibly donate.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

asked about insuring the shed. Brian Kunzi advised they were working on a memorandum of understanding between the Friends of the Belmont Courthouse and the County which would cover that.

Commissioner Cox

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. August 19, 2014 SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Wichman

said the NACO annual conference was scheduled for November 18-20, 2014, at the Bristle Cone Convention Center in Ely. Tom Waters described the artificial community Christmas tree that Karen Jackson was trying to purchase for the intersection of Highways 160 and 372. She was seeking donations as the total cost of the tree was $15,000.00. He said checks should be made out to “Christmas Tree” and sent to KNYE Radio. He also advised there would be a cancer presentation by the Prostrate Cancer Support Group in Pahrump on October 18, 2014, at 1:00 p.m. at the Pahrump Nugget. Diane Southworth stated the Jefferson Jackson Dinner for the Nye County Democratic Party would be on September 5, 2014, at the Pahrump Nugget between 6:00 p.m. and 10:00 p.m. Laurayne Murray said Congressman Steven Horsford would hold a town hail meeting in Pahrump on August 21, 2014, in the Board of County Commissioners chambers from 2:30 p.m. to 3:30 pm. She also invited the community to the Bra Bling event for breast cancer awareness and to enter a decorated, blinged bra in a competition. The bras would be displayed throughout the community and for $1.00 the community could vote for the item they felt was the best design. In October a reception/auction would be held to identify the winners and auction off the entries. All of the money would go to sponsor programs for women and children in the community, particularly those who were going through breast cancer treatment. Also, Ms. Murray advised that on November 8, 2014, Miss Senior Golden Years would hold a USC dance and dinner at Mountain Falls called Vets Swing and everyone was invited to attend that. It would be advertised as the date got closer. Brian Kunzi said the Friends of the Belmont Courthouse would sponsor a fundraising event in Belmont on Saturday of the Labor Day weekend. There would be picnics, a poker run, and the Peavine Pickers would perform along with a guest appearance by

Commissioner Schinhofen

. Secondly, the Pioneer Territory CASA would hold a fundraising luau at the RV park at the Winery on September 13, 2014. Ronald Fairbairn announced on August 31, 2014, at 5:00 p.m. there would be the 5th Sunday Sing at the United Methodist Church and on September 18-20, 2014, there would be a revival in Pah rump. Sam Merlino reminded everyone who voted at J.G. Johnson normally that they would be voting at the Pahrump Valley High School this year.

Commissioner Schinhofen

said the Republican women would have their birthday celebration this Saturday at Mountain Falls starting at either 3:00 p.m. or 5:00 p.m. August 19, 2014 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)

Commissioner Carbone

said he had talked to Deborah McNeil about the issue Brenda Christie brought up regarding the sage brush deseeding and she was going to get a hold of them and explain what was going on and see if there were permits.

Commissioner Carbone

said he would like a list of how many parcels in the valley were buildable and not buildable to understand what was in the valley and thought it could be provided to some of the committees for their knowledge as well.

Commissioner Wichman

stated the International Mountain Biking Association (IMBA) had proposed establishing bike trails around and near Beatty and lately the IMBA started 40 miles of bike trails from Caliente up to Cathedral Gorge. Since they started those trails the commissioners there were reporting numerous phone calls about space for bike shops, breweries, etc., in Caliente. Commissioner Wichman wondered what happened with the proposal for Beatty and offered to help with the effort.

Commissioner Schinhofen

said he had been asked to check what was going on with the OHV in Pahrump, if it was approved and when it would come back. Pam Webster advised it had not come back to the agenda, but there had been various meetings. Cheryl Beeman in Planning had been heading it up and Mrs. Webster would follow up with her.

Commissioner Schinhofen

said he met with the Department of Energy and NDEP along with Darrell Lacy as part of the U233/U235 working group. The site EIS should be released soon and he was working with them to identify funds for Highway 372 from Highway 160 to Highway 95.

Commissioner Schinhofen

stated Fish and Wildlife announced they would euthanize tortoises and asked if that meant they would start paying for permits for that. If they declared it endangered and were going to now start euthanizing, he wondered why it was still on the endangered list.

Commissioner Wichman

commented it was because it was probably the only 1 % they could claim as a success story.

Commissioner Carbone

asked about the status of the fire and ambulance ordinances.

Mrs. Webster

said the fire ordinance was with the District Attorney for review and comment and an ambulance one had been authored. Brian Kunzi advised he had strong concerns with the idea that a County fire department could go into a town with the power to regulate fire in the town. He did not believe the County had that jurisdiction if the town had that power. August 19, 2014 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Wichman

asked staff to bring back the item heard during the last Commissioners meeting on the write offs for the town of Gabbs. She had made a motion to turn two of them over to a collection agency and then was reminded of a conversation she had about the garbage collection in Gabbs. TIMED ITEMS 8. 10:15 Sitting as the Board of County Road Commissioners For Possible Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reiect 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 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 RC2014-421 through RC2014-460; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS 13. For Possible Action - General road report by Public Works Director Dave Fanning, Public Works Director, advised the motorcycle signs on Barney at Highway 372 were installed last week. There was a light out on one of them, which occurred during shipment, and they were working with the supplier to get that corrected. He said that intersection was chosen due to the number of accidents. NDOT told them earlier in the year that red flashing lights would not be installed on the stop sign in the area so Public Works was trying to address the problem. Tim Carlo from Public Works noted flooding had been an issue which had put some things on the road report on hold.

Mr. Fanning

stated that since the approval to purchase the three motor graders at the last Board meeting they were puffing together an equipment disposal list. Regarding the Tonopah landfill fencing, he advised they had completed the map of the entire lease boundary from BLM and were preparing to go to bid for that. Internally they were looking at buying portable fencing to prevent trash from going out in the desert. August 19, 2014 14. 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 Wichman

made a motion to set a time and date as September 16, 2014, at 10:15 a.m. for the public hearings on Resolutions RC2014-501 through RC2014-521 and RC2014-535; seconded by Commissioner Cox; 5 yeas.

Commissioner Wichman

stated there had been 5,367 miles put through on this project and they were within 472 miles of being done with Nye County. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. EMERGENCY MANAGEMENT 32. Tonopah Animal Shelter Volunteer Program Update Vance Payne, Emergency Services Director, explained the new volunteer guidelines were put into place for a volunteer program in Tonopah in July and there were two people being processed right now. A significant amount of effort went into those guidelines. It was a simple seven page document which highlighted the purpose of the program, the scope of the program, and how people in the program would treat each other. He said it turned out so well that people from EMS and fire were probably going to adjust it for those purposes as well. The documents were available on the Nye County Web site. COUNTY MANAGER 28. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with the Federal Aviation Administration to prepare an Environmental Impact Statement under the National Environmental Policy Act for the proposed Pahrump Valley General Aviation Airport.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

asked if there was documentation of the intent to transfer by BLM to the town or the County. Mrs. Webster said they were awaiting the RMP notification.

Commissioner Wichman

wanted to make sure that if the answer was no on the RMP that the County would not expend funds to provide any kind of an expensive report without having the land and at any time could say no. August 19, 2014 28. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with the Federal Aviation Administration to prepare an Environmental Impact Statement under the National Environmental Policy Act for the proposed Pahrump Valley General Aviation Airport.-Cont’d. Darrell Lacy, Planning Director, said that was correct. The FAA was paying the majority of the expense for that study. Pahrump was funding a portion and they were just asking the County to be a partner with the town.

Commissioner Carbone

stated that based on the information he had read there were several issues that needed to be addressed such as the debt, the soil report recommendations, and how to get the heavier aircraft to come in. It was his opinion that this whole thing should be relooked at to see if there was a better way of going about it if the County was going to get involved.

Commissioner Cox

asked how much the County’s share of this was. Mr. Lacy advised the FM paid 94%.

Commissioner Schinhofen

noted it said not applicable for financial so the town was paying the difference. Susan Holecheck, Pahrump Town Manager, explained the town recently applied for a $500,000.00 grant and the town’s portion was 5.67% of that. They established a fund in 2012 which had over $200,000.00 in it now and they anticipated over $300,000.00 by the end of the year. By 2017 when construction was anticipated to begin Mrs. Holecheck said they approximated $626,000.00 would be in the fund without the hotels that were currently proposed for the Pahrump valley. The cost of the airport had dropped since inception from $31 million to $21 million with potentially $17 million from the FAA, leaving a $4 million gap.

Mr. Lacy

said there was no obligation to the County at this stage.

Mrs. Holecheck

advised that part of the memorandum of understanding at the outset was they wanted to define the roles people were taking. She had suggested letting the town continue to take the lead on the project with the understanding that the Board would appoint a member of staff or a Commissioner to be a liaison. That would assure established reports with a frequency pattern could be given and her time on those interim reports could be reimbursed. Brian Kunzi noted the County’s role was only a co-sponsor of the grant right now so operationally the town had always been involved. He had been involved with resolving issues with the town and its capability of operating it. Things would change in January when the Board of County Commissioners became the governing body for the town so it would have more direct influence. As previously stated, Mr. Kunzi said no one would be able to force the County to have their assets at risk without coming to the Board for approval and that was not being given away with the memorandum of understanding. August 19, 2014 2$. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with the Federal Aviation Administration to prepare an Environmental Impact Statement under the National Environmental Policy Act for the proposed Pahrump Valley General Aviation Airport.-Cont’d. Judith Holmgren brought to the Commission’s attention a document that supported Mrs. Holecheck’s prior statement regarding BLM’s lack of support for the airport. A letter dated June 24, 2009, regarding the airport lease came out shortly after the EA was completed and indicated concerns with the purpose of the airport and potential impacts to the surrounding residential communities, wilderness areas, and Death Valley National Park. It directed an EIS for the project due to the concerns raised in the environmental assessment. Mrs. Holmgren did not see how an EIS would mitigate the matters that had already been enumerated. The EIS scoping activity would probably add a dozen more areas of concern and in order to go forward with construction those impacts would have to be mitigated. There may also be some impacts that could not be mitigated which would prevent the project from going forward and the County needed to realize it may have to start at the beginning. While right now there were no financial impacts they could be significant in the future. Vincent Clark expressed his opposition to the construction of an airport at all. Due to the financial circumstances of the town, a $4 million bond was something that seemed unaffordable to him. He knew this had been going on since 1985, but he was unaware of any situation in the past where the voters of the town had been consulted on whether or not to build an airport. He thought it would be a good idea to put this on the November ballot for the voters to decide. Gary Hollis from Hollis Consulting supported the airport and felt it was great for economic development. Diane Southworth also supported the airport. She thought it would bring in jobs and tourists and would be a help if there was another fire. She said the County had spent $2 million on airports in Tonopah, Gabbs and Beatty and felt Pahrump was just as important as they were. Charlie Gronda, a former town board member and volunteer airport planning director for Pahrump, said $3.1 million of the $4 million needed was money the FAA would not give matching funds on. He had put together a proposed list of what could be done in order to get it down to $1.6 million instead of $4 million and would provide a copy of that to the Commissioners after the meeting. He also supported the airport. Regarding placing this on the ballot, Mr. Kunzi advised that NRS 293.481 required that any ballot question on the general election ballot must be submitted to the Clerk by the third Monday in July, which was July 21, 2014. It was now beyond the deadline and additional ballot questions could not be presented for this general election.

Commissioner Cox

stated she did try to get this on the ballot in due time and due to circumstances that did not happen. She thought there were very good arguments on both sides. She did not have a problem with an airport, but she did have a problem with August 19, 2014 28. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with the Federal Aviation Administration to prepare an Environmental Impact Statement under the National Environmental Policy Act for the proposed Pahrump Valley General Aviation Airport-Cont’d. an airport to supply strictly to private businesses as well as the location. She said the bigger issues needed to be looked at if this project was to go forward, but she could not support this site.

Mr. Lacy

explained there was not enough private land in the proximity of Pahrump to do an airport of this size so it would have to be done on federal lands and go through a NEPA analysis. Part of that analysis would be to look at alternative sites.

Mr. Clark

said he was not against an airport, but he was just not a fan of the County doing it. If a private enterprise wanted to build an airport that was probably a good idea. He was concerned about what would happen to the taxpayers if something went wrong.

Commissioner Carbone

understood there were a lot of issues regarding the airport and he was not really in favor of making this happen this way. If the EIS was to be done there would be some very hard discussions with the BLM and the FAA to put forth things the County needed to make sure would happen.

Commissioner Carbone

made a motion to approve Resolution 204 1-32 regarding the intent to sell the property located at 1683 East Calvada Boulevard; seconded by

Commissioner Cox

; 5 yeas. TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action —Public Hearing, discussion and deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 201 4-22: 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) set an effective date. Brian Kunzi said there had been a lot of discussion on the draft ordinance and it needed more amendments based on those discussions. Mr. Kunzi recommended continuing the public hearing to allow for a finished product to be brought back.

Sheriff DeMeo

stated the Sheriff’s Office should have input as well. He was not adverse to it, but he wanted to make sure it was done appropriately and felt his officers had done an excellent job of addressing officer misconduct themselves. August 19, 2014 9. 10:45 For Possible Action —Public Hearing, discussion and deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-22-Cont’d.

Commissioner Schinhofen

opened the public hearing. Louis DeCanio thought this proposal was a great idea. He suggested the members should be randomly selected in a public Board meeting. If a member was not present during the meeting when their name was drawn the next name should be drawn. Herman Lewis agreed with the random selection of a group of citizens as did a lot of people he talked to.

Commissioner Schinhofen

was not present.

Commissioner Wichman

assumed the Chair of the Board of County Commissioners.

Commissioner Carbone

moved to continue the public hearing on Bill No. 2014-22; seconded by Commissioner Cox; 4 yeas.

Commissioner Carbone

set the date for the next review as September 16, 2014, in Pa h rump.

Mr. Kunzi

asked the public to submit any changes they would like to his office at least two weeks prior to that meeting so they could be incorporated.

Commissioner Schinhofen

was present and assumed the Chair of the Board of County Commissioners. SHERIFF 26. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending Plan. Brian Kunzi said he had questions due to the lack of detail and he had not been able to formulate an opinion as to whether the plan would suffice legally regarding the requirements of this particular fund.

Sheriff DeMeo

stated this was the same plan they had put out since 2007 and agreed to work with the District Attorney to answer questions and make the necessary adjustments.

Commissioner Wichman

suggested that rather than looking at the disbursement of the funds throughout the County based on population to maybe look at that based on percentages of revenue generated in each of the communities.

Mr. Kunzi

explained it was a complicated formula that was required to be followed. The State law said the money had to be spent in the particular areas it was collected in, so August 19, 2014 26. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending PIan.-Cont’d. each of the towns was an area and the unincorporated portions of Nye County constituted an area. The funds were disbursed based on the population in those areas.

Commissioner Borasky

was not present.

Commissioner Carbone

made a motion to continue this item to the next Pahrump meeting; seconded by Commissioner Cox.

Commissioner Schinhofen

asked staff to check to see if any of the funds could be used for a study for staffing of the detention center.

Commissioner Cox

assumed the Vice Chair of the Licensing and Liquor Board. BROTHEL 15. For Possible Action Discussion and deliberation regarding the surrender of a brothel license for Angel’s Ladies located at 2500 Hwy 95, Beatty, NV. Arie Mack Moore, License Holder. Brian Kunzi said a copy of the letter was in the back-up and this had been an ongoing issue with this particular brothel. The owner advised he ceased operation of the brothel on August 20, 2014, and was no longer associated with it. Mr. Kunzi brought it to the Board for acceptance of the abandonment of the license.

Commissioner Schinhofen

made a motion to accept abandonment of the license; seconded by Commissioner Carbone; 5 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. The Board was in recess until 2:15 p.m. August 19, 2014 SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS-Cont’d. 10. 11:00 For Possible Action Public Hearing, discussion and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-03: a bill proposing to adopt procedures to abate environmental nuisances on property held in trust by the Nye County Treasurer for delinquent taxes and to assess costs of the abatement against the affected property; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) set an effective date.

Commissioner Wichman

made a motion to adopt and set the effective date as September 8, 2014; seconded by Commissioner Carbone.

Commissioner Schinhofen

opened the public hearing. John Bosta asked for an explanation of the issues in the ordinance.

Commissioner Schinhofen

explained it was so the County could abate environmental issues and nuisances on County property. Darrell Lacy, Planning Director, added this was only for property that was held by Nye County as Treasurer’s trust property and would allow use of some of the grants available to pay for the abatement.

Mr. Bosta

asked how the property got into the trust and how this would affect homesteaded property.

Commissioner Wichman

explained it became trust property through non-payment of taxes over several years. Brian Kunzi advised homestead would not prevent acquiring the property through the delinquent tax sales.

Commissioner Schinhofen

closed the public hearing.

Commissioner Wichman

made a motion to approve items 16 and 18; seconded by

Commissioner Carbone

; 4 yeas. 16. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 16 and 18; seconded by

Commissioner Catbone

; 4 yeas. 18. For Possible Action Approval to accept Notice of Grant Award for the Community Services Block Grant (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 16 and 18; seconded by

Commissioner Carbone

; 4 yeas. 17. For Possible Action — Approval of Assessor’s Office Change Request Greg Hafen advised Pahrump Utility Company received a letter regarding APN 045- 171-77, which was not included in the back-up. He wanted to confirm that was not being approved today as there were some discrepancies he was still trying to work out with the Assessor’s Office.

Commissioner Wichman

confirmed that item was not in the back-up.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. BOARD OF COMMISSIONERS 19. 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. August 19, 2014 20. 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. 21. 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. 22. For Possible Action Discussion and deliberation regarding purchasing a window in the Belmont Courthouse.

Commissioner Wichman

stated William B. Gould, G.A. Swasey, and E.C. Southworth were the first three Commissioners in Nye County.

Commissioner Wichman

made a motion to approve buying a window in dedication to the first three Commissioners; seconded by Commissioner Carbone; 4 yeas. 23. The Tn-County Working Group Update

Commissioner Wichman

advised that on November 7, 2014, at 10:00 am. at the Eye would be the next Tn-County meeting and Commissioner Schinhofen was expected to chair it. A notice of a possible quorum would need to be put out although it would be a workshop only and no decisions would be made. 25. For Possible Action Discussion and deliberation regarding the second meeting of the Board of Commissioners for November 2014. Pam Webster explained there was an election on the first meeting and NACO around the second meeting, so one suggestion was to combine the two and do a common meeting on November 10, 2014, instead. Staff was instructed to bring the item back for approval. COUNTY MANAGER-Cont’d. 27. Ongoing Project Report The report was in the back-up. 29. For Possible Action Discussion and deliberation regarding authorization to sign various BLM documents for Nye County.

Commissioner Wichman

made a motion to authorize; seconded by Commissioner Carbone. August 19, 2014 29. For Possible Action Discussion and deliberation regarding authorization to sign various BLM documents for Nye County.-Cont’d. Pam Webster explained there had been a standing understanding by some department heads that they had authorization to sign these documents. Nothing could be found providing that authorization so they decided to bring it back. She said this would not cover a memorandum of understanding or any kind of intergovernmental agreement, just things that occurred during the normal course of business.

Commissioner Cox

wanted to make sure this would not authorize the department heads to build anything. Mrs. Webster said it would not.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone. Brian Kunzi clarified he would like to promote someone to this position which would create another vacancy. Both positions were budgeted and there would be a savings.

Commissioner Wichman

amended her motion to do the promotion and fill the vacancy;

Commissioner Carbone

amended his second; 4 yeas. NUCLEAR WASTE REPOSITORY PROJECT OFFICE/NATURAL RESOURCES 34. For Possible Action Discussion and deliberation to approve, amend and approve, or reiect a letter opposing the second draft or the Nevada Sagebrush Landscape Conservation and Economic Development Act of 2014, sponsored by Senators Heller and Reid, and supporting other communities in Nevada who also oppose the bill.

Commissioner Wichman

told Darrell Lacy she had some typos in the letter that needed to be fixed. August 19, 2014 34. For Possible Action Discussion and deliberation to approve, amend and approve! or reiect a letter opposing the second draft or the Nevada Sagebrush Landscape Conservation and Economic Development Act of 2014, sponsored by Senators Helter and Reid, and supporting other communities in Nevada who also oppose the bill.-Cont’d.

Commissioner Wichman

made a motion to approve the letter; seconded by

Commissioner Carbone

with correction of the typos; 4 yeas. PLANNING/BUILDING 35. For Possible Action Discussion and deliberation on a request to release all except fifteen ff5) percent of the financial security related to the Subdivision Improvement Agreement (SIA) for Mountain Falls Planning Area 3-2A, Tivoli Subdivision Unit 1, located within the Pahrump Regional Planning District in the Mountain Falls Master Planned Community, the fifteen percent to be retained for the one year maintenance and two year warranty guarantee periods. William Lyon Homes, Inc. Property Owner/Applicant. Greg Moynahan, Project Manager Agent. This item was removed from the agenda. 36. For Possible Action Discussion and deliberation on a request to release all except fifteen (15) percent of the financial security related to the Subdivision Improvement Agreement (SIA) for Mountain Falls Planning Area 3-2A, Tivoli Subdivision Unit 2, located within the Pahrump Regional Planning District in the Mountain Falls Master Planned Community, the fifteen percent to be retained for the one year maintenance and two year warranty guarantee periods. William Lyon Homes, Inc. Property Owner/Applicant. Greg Moynahan, Project Manager Agent. This item was removed from the agenda. 37. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing on Nye County Resolution No. 2014- 17: A Resolution proposing to adopt the 2014 Update of the Pahrump Regional Planning District Master Plan.

Commissioner Wichman

made a motion to set the date, time and location as September 16, 2014, at 11:00 a.m. in Pahrump; seconded by Commissioner Cox; 4 yeas. August 19, 2014 BOARD OF COMMISSIONERS-Cont’d. 24. For Possible Action Discussion and deliberation on Bill Draft Requests fBDRs) Nye County proposes to submit for the 2015 Legislative Session.

Commissioner Schinhofen

said he would like a BDR to exempt counties under 100,000 from collective bargaining, although Assemblyman James Oscarson had told him it probably would not make it out of committee.

Commissioner Wichman

felt it would be a waste to use the County’s one BDR on that. She advised that Assemblyman Oscarson had already put in four as placeholders and that was not one of them.

Commissioner Carbone

was hoping for a process the County Commissioners could use to resolve the situation of elected officials who were violating not only their oath but their actual jobs.

Commissioner Wichman

believed that was one of Assemblyman Oscarsons’s placeholders and there was also movement on the same issue by another state senator or assemblyman. Brian Kunzi advised the one BDR the County really wanted to push needed to be as specific to Nye County as possible. Things with a general broad based effect should be handled by NACO, Assemblyman Oscarson or Senator Goicoechea as they were allowed to submit more BDRs. He also said the County wanted to get in on this of round of BDRs because BDRs filed after February 2, 2015, rarely ever saw the light of day.

Commissioner Catbone

asked about the 3% ad valorem cap on home sales. Pam Webster said that was another one that would have statewide impact. There was a task force right now being led by Jeremy Aguero and Carole Vilardo to look at revising that legislation. The last she heard they were looking at a composite cap rate for commercial and residential. She did not know how far they had gone with that, but there was no interest at all in abandoning the practice of the cap staying with the property after it was sold.

Commissioner Wichman

said the 3% tax cap was not the problem. A mechanism to reset the market value after the market established that the value was wrong on the assessment was needed.

Mr. Kunzi

added another problem was it was done as a constitutional amendment so it would need to go to a vote two more times to change it.

Commissioner Schinhofen

suggested Railroad Valley and getting a better share of the revenue off the leases. August 19, 2014 24. For Possible Action Discussion and deliberation on Bill Draft Requests (BDRs) Nye County iwoposes to submit for the 2015 Legislative Session.-Cont’d. Gary Hollis advised the cap was $6 million and then the County got some money. Unless more wells were drilled and the revenue was brought up the County would not see a dime. He said he supported this bill draft and did when he was on the Board.

Commissioner Schinhofen

said NACO tried to get a share of the diesel tax that never made it out of committee, but that committee kept telling him to do one of his own so he would like to look at taxing diesel. Rather than doing that because taking State money was always going to be a problem

Mr. Kunzi

suggested the County get authorization to do its own tax up to an amount the State would allow.

Commissioner Wichman

said several counties offered that if they did not come up with a BDR of their own then they would turn it over to NACO or one of the counties that wanted to use it. She said she would like to pursue a BDR suggested by a Storey County Commissioner if his Board did not approve it, which was if someone intentionally brought a falsehood or misinformation to a local board and promoted it as truth then it was a misdemeanor.

Mr. Kunzi

thought that should not be limited to county boards as it could come into play as far as testimony before the RPC, a town board or the School Board, but he said it would be easy to do by amending the definition of perjury. Regarding the BDR Gary Hollis talked about, John Bosta said Senators Reid and Heller had a bill to change the formulas of money coming to local governments and one of the BDRs the Commissioners talked about could be accomplished by working with the Senators on their bill. The second issue he was concerned about was as a citizen he could make a comment under public comment that he believed was true and for the Board to come back at some later date to say he misinformed them and lied he thought was a violation of the constitutional tight of the public to be able to comment.

Mr. Hollis

asked the Board’s support for a BDR from Assemblyman Oscarson which had to do with increasing the threshold to a $250,000.00 cap on prevailing wage which had not increased since 1985. He said data should be collected to determine Nye County’s prevailing wage. Darrell Lacy advised the State Department of Labor did an analysis of prevailing wages statewide and typically did not have enough responses on the questionnaire in Nye County to get a separate prevailing wage so the County got one from Clark County.

Mrs. Webster

said they tried to do this a few years ago and ran into some companies that did not want to participate in the survey, and then the information that was received was very inconsistent. She added she was meeting with Assemblyman Oscarson soon and would ask him what they should do to support him. She would also get more information on the suggestions made and bring them back. August 19, 2014

Commissioner Wichman

said they did not receive the text of the BDRs, just the title.

Commissioner Schinhofen

confirmed the Republican women’s birthday was at 3:00 p.m. on September 5, 2014, at Mountain Falls.

Commissioner Carbone

said the town board asked this Board to support some of their advisory boards/committees. The only one he had picked so far was the Veterans Advisory Board and their next meeting was on September 21, 2014.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of ,2014. (7•, 4J

Chair Ny

County Clerk / Deputy