November 12, 2014

Commissioner Schinhofen

was present via telephone.

Commissioner Wichman

assumed the Chair of the Board of County Commissioners.

Commissioner Borasky

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

Commissioner Borasky

made a motion to accept and execute the agreement and execute the memorandum of understanding; seconded by Commissioner Carbone; 5 yeas. CLERK 30. For Possible Action Pursuant to NRS 293.387 (1), Canvass of the returns of the Election held on November 4, 2014.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone. November 12, 2014 30. For Possible Action Pursuant to NRS 293.387 (1), Canvass of the returns of the Election held on November 4, 2014.-Cont’d. Sam Merlino pointed out one small issue on the federal race. There was a precinct 99 which was accidentally activated by a poll worker. It should have been a 9 or a 19. She said it was an anomaly and there was nothing that could be done about it. Mrs. Merlino stated she did not have any complaints about wrong ballot styles, but there were a couple of issues with the calibration of the machines and she had to shut down two machines on Election Day as voters complained they were not able to select the individual they wanted to vote for.

Commissioner Cox

asked what happened to the votes that had already been through those machines. Mrs. Merlino explained the votes were all counted. When those voters had issues her Chief Deputy assisted them and made sure the machine worked well enough for them to vote who they wanted to vote for. If that process could not be completed then that ballot would have been cancelled and the voters sent to a new machine. She noted the election was a lot of work and thanked her staff and the election workers.

Commissioner Wichman

said on page 4 of the October 14, 2014, minutes the first line of paragraph 3 should read “surrounding states have signs on the bridges to indicate river crossings.”

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 5. Announcements (first) Regarding the meeting the BLM would have for the resource management plan mentioned earlier, Commissioner Carbone said it would be from 3:00 p.m. to 7:00 p.m. and hoped everyone was willing to go and listen and give opinions.

Commissioner Schinhofen

advised he was in New Orleans at an ECA conference meeting with DOE. 6. For Possible Action Emergency Items This item was removed from the agenda. November 12, 2014 7. Commissioners’IManaQer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas) Pam Webster stated the District Attorney’s Office had advised her that per NRS the Nye County Board of Road Commissioners needed to say Highway Commissioners so that change to the agenda would be made in the future.

Commissioner Carbone

wondered if the Board would want the Animal Advisory Board to look at how many animal rescues, animal shelters, and other kind of humane activities might be wanted in the County due to some issues arising with conditional use permits because of the large amount of animals on the properties. He also wanted on the agenda soon a status from the Basin 162 Management Advisory Board as to where they were with regard to the management plan.

Commissioner Cox

said it was brought to her attention that the Public Administrator’s Office was supposed to be audited once a year and asked when the last one was. Mrs. Webster did not believe it had been and they were not audited with the County’s annual a ud it.

Commissioner Cox

requested they do one and present it to the Board soon. Also, she requested a traffic warrant study at the corner of Blagg Road and Highway 372 and at Mesquite Avenue and Highway 160 per the statements made by Ms. Campbell at the last NDOT meeting.

Commissioner Borasky

asked if any information had been received regarding job qualifications for an inspector for the southern County as discussed with Joe Pollock as he had not heard anything. Mrs. Webster said she did not remember receiving it but would follow up.

Commissioner Borasky

asked when the Town of Pahrump meetings would start to be scheduled adjacent to the Commission meetings so people knew when they would be.

Mrs. Webster

advised the first meeting would be January 5, 2015, which was when the Commission became the governing body, and they would be noticed.

Commissioner Borasky

asked if there was a possibility for the Board to authorize some of the tech fund money that went to all the other departments to go to the Clerk’s Office.

Mrs. Webster

said it would have to be looked at, but she did not know of any way to do that off the top of her head. Sam Merlino did not believe there was any statute that allowed that, but said the judges had a tech fund and a court improvement fund which they were willing to share with her for certain court items, such as the case management system her office would be going to soon.

Commissioner Borasky

explained his motivation for bringing this forward was hearing about tech funds and some people having money to spend while Mrs. Merlino had November 12, 2014 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. nothing. He thought it would be a positive move to put extra money floating around to good use and help the Clerk who was always short-handed and never complained.

Commissioner Borasky

asked Mrs. Webster to put an agenda item on the next meeting to continue the moratorium on impact fees for one more year.

Commissioner Schinhofen

stated for public knowledge that the County had been commenting on and cooperating with the ELM on the resource management plan that would be heard and the Commissioners would continue to work on it. TIMED ITEMS 8. 10:00 For Possible Action Community Development Block Grant (CDBG) — — Public Meeting: 1) Overview of the Community Development Block Grant (CDBG) program; 2) Review of past Housing and Community development needs statement, and public comments on future housing and community development needs; 3) Presentation on possible Community Development Block Grant (CDBG) projects; and 4) Review and approval of the Summary of Past Performance by Nye County with CDBG funding since 1982. Amy Fanning, Comptroller, advised the Governor’s Office of Economic Development made significant changes to the program this year. Priority would be given to projects of $150,000.00 or mote, and out of the $2.2 to $3 million available for the grants $500,000.00 had been set aside specifically for economic development. She outlined the additional criteria for projects and said all projects presented today met them. Julie Carlo, Grants Administrator, explained the purpose of this agenda item was to discuss the CDBG program past grants, projects completed with that funding, and presentations on possible projects for the upcoming fiscal year. After presentation by the applicants the public was invited to comment. She stated the CDBG program was administered nationally by HUD and in Nevada by the Governor’s Office of Economic Development. That office awarded grants on a competitive basis to Nevada’s 26 non- entitled cities and counties and all projects must meet two criteria: eligibility and one or more of the national objectives. She said originally there were eight presentations scheduled today, but two were withdrawn: the Amargosa Valley Town Park Project and the update and renovation to the Amargosa Valley community center kitchen. Janice Lyman, Town of Gabbs Advisory Board, presented the town’s application for renovation of its swimming pool, which had been closed for two seasons. She explained how the pool would bring the community together on a regular basis to enjoy the outdoors, partake in social interaction, and provide physical activity to promote better health for all ages. They were requesting $49,500.00, which would be used to November 12, 2014 8. 10:00 For Possible Action — — Community Development Block Grant (CDBG) Public Meeting-Cont’d. make the pool ADA compliant, repair some electrical issues, install another life guard chair, a lift, and address some health and safety issues like the AED. Pam Webster noted there was a significant list of things that had to be done to open the pool and the town board had been working diligently with the State to get it reopened. Cimmaron Chacone, representing STORM OV from Beaffy, a non-profit charged with conserving land and having land users come together in preservation, gave a Power Point presentation detailing the decline in Beaffy and describing STORM OV’s vision for a new source of revenue for the town through recreational tourism through trails. They were asking for $150,000.00 with $150,000.00 being donated by private industry.

Commissioner Wichman

asked if they had the support of the BLM. Ms. Chacone advised they would be meeting with BLM after this meeting.

Commissioner Carbone

questioned the donations predicted on this grant. Ms. Chacone assured him the donations were known and she believed more was pledged yesterday after the town meeting. Also, the project had already received $25,000.00 from Barrick with a pledge for additional funds as of yesterday, and $12,000.00 had been donated from STORM OV for the initial study done to this point.

Commissioner Wichman

said she was familiar with what was happening in Lincoln County and those commissioners had been receiving telephone calls looking for retail space because of the trails in Caliente. Cheryl Beeman presented the Calvada Eye recreational trails project. She explained that as the Eye continued to develop into a very important central feature of the community the walking trail concept for this property had developed to connect the government facilities to the community and promote healthy outdoor activities. Trails would make the site more sustainable, remove turf area, and create a showcase of xeric landscaping, along with the ADA compatibility of the trails to get to the various local services.

Mrs. Fanning

added that Pahrump as a whole was not eligible for CDBG funded projects, so they worked closely with the CDBG staff in Carson City to get the Eye area eligible based on the population around it.

Commissioner Carbone

asked if this was a follow-up to what had already been started there with a walking path.

Commissioner Borasky

advised he had started it four or five years ago. He did get some grant funding for the benches and tables, and one area was graded, but he could not obtain additional funding at that time so right now it was just on hold. November 12, 2014 8. 10:00 For Possible Action — — Community Development Block Grant (CDBG) Public Meetinq-Cont’d. Dave Fanning, Public Works Director, presented the Calvada Eye solar street lighting project, from the fountain to the Eye, which would eventually tie in with current roadwork being selected with the RTC. The project would probably be a little bit more than what was turned in because the solar lights being looked at could not be supported by the current poles. While LED lights could be used, and would be sufficient to light up the property, that would be a change in the grant. He added they wanted to use solar to make the Eye more efficient and keep in synch with the existing solar program there.

Mr. Fanning

then presented the Calvada Eye parking lot project, which would provide public parking in the southeast portion of the park. Pam Webster added this would also include an opportunity for economic development and provide an area for farmers markets and other small events like that.

Commissioner Schinhofen

wondered if the lighting project and the parking lot project could be combined into one grant. Mrs. Fanning stated they could be combined, but she feared it might be denied if the amount requested got too large. There were a couple different pots of money available that applications could be submitted for and she would bring more information on those options to the next meeting. Rob Shirley, the general manager for the Beatty Water and Sanitation District, presented their application to bring the district office into compliance with the USDA by turning another office they owned into an ADA compliant district office. Farr West Engineering did a feasibility study and determined it would be difficult to make the current office ADA compliant. The construction cost was originally $475,000.00 to do a larger building on BLM property, but for the one the district owned the grant would be $85,000.00 to provide interior and exterior renovations. That figure broke out to $40,000.00 for the interior, $30,000.00 for the exterior and $15,000.00 for the roof, with the district contributing $10,000.00 to the project.

Mrs. Carlo

stated additional projects may be presented at the December 2, 2014, Commission meeting with the final decision on which top two applications to submit to the CDBG made at the December 16, 2014, meeting. Nye County would seek from the public project ideas and input for the upcoming fiscal year and would also offer assistance to those interested in submitting an application but not familiar with the process.

Commissioner Carbone

made a motion to approve the summary of past performance by Nye County; seconded by Commissioner Borasky; 5 yeas. November 12, 2014 9. 10:45 —For Possible Action Public Hearing, discussion, and deliberation to approve, modify and approve, or reject a Petition to abandon Oliver Street, described as an approximate two thousand five hundred sixty one (2,561) foot length of road right-of-way being forty (40) foot in width as shown on Record of Survey file map #288445 Revised Town of Belmont, Section 26, Township 9 North. Range 45 East, located in the Town of Belmont, Nye County, Nevada fAB-14- 0002). Numerous property owners Petitioner(s).

Commissioner Wichman

noted that the County could not take any action that would create a landlocked parcel and without the conditions of approval outlined in the back up a few landlocked parcels would be created.

Commissioner Wichman

opened the public hearing. Christine Cox was curious which parcels were considered to be landlocked.

Commissioner Wichman

said there was one small parcel and if the Board took this action without the conditions there would be no public access to that parcel.

Mrs. Cox

said that parcel was in their family trust and it could not be separated.

Commissioner Wichman

explained the conditions of approval provided that Mrs. Cox either provide a legal document for access to the parcel or make it one parcel. Mrs. Cox said that was why they pursued this road closure. John Terras asked about the timeframe. Kelly Harris from Planning pointed out condition five stated two years.

Commissioner Wichman

closed the public heating

Commissioner Borasky

made a motion to approve the petition to abandon subject to the conditions as outlined in the recommended conditions of approval section of the report and find that the public will not be materially injured by the proposed vacation/abandonment; seconded by Commissioner Carbone; 5 yeas. November 12, 2014 11. 11:00 For Possible Action Public Hearing, discussion and deliberation on - - the following Planning and Zoning matters: a. For possible action MP-14-0006: Public hearing, discussion, and deliberation on a request for a Minor Master Plan Amendment to change approximately 75.97 acres (net) from the Medium Density Residential master plan designation to the Low Density master plan designation, situated south of Laura Road, north of Jent Road, east of Sharpe Avenue and west of Crest Avenue. located at 6631 N. Shame Avenue and 6630 N. Crest Avenue, further described as Parcels I and 2 of File Map #452424. Township 19 South, Range 53 East, Section 12. Lindkvist Trading Company Inc. Property Owner. Belaluz Solar LLC Applicant. Randall — — Bell Agent. AP#’s 027-281-33 and 027-281-34. b. For possible action ZC-14-001 1: Public hearing, discussion, and deliberation on a request for a Non-conforming Zone Change CZC) to change 75.97 acres (net) from the Village Residential (VR-20) Zoning District to the Rural Homestead Residential (RH-9.5) Zoning District, situated south of Laura Road, north of Jent Road, east of Shame Avenue and west of Crest Avenue. located at 6631 N. Sharpe Avenue and 6630 N. Crest Avenue, further described as Parcels I and 2 of File Map #452424, Township 19 South, Range 53 East, Section 12. Lindkvist Trading Company Inc. Property Owner. Belaluz Solar LLC Applicant. Randall — — Bell Agent. AP#’s 027-281 -33 and 027-281 -34.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Carbone

made a motion to approve Minor Master Plan Amendment MP 14-0006 and Zoning Change ZC-14-0O11; seconded by Commissioner Borasky; 5 yeas. November 12, 2014 12. 11:00 For Possible Action Public Hearing, discussion and deliberation on - - the following Planning and Zoning matters: a. For possible action MP-14-0005: Public hearing, discussion, deliberation and possible action on a request for a Minor Master Plan Amendment to change approximately 1.98 acres (net) from the Medium Density Residential master plan designation to the Mixed used master plan designation, situated approximately 332 feet east of the intersection of Homestead Road and Mickey Street, located at 3090 E Mickey Street, further described as Parcel 3 of File Map #458601, Township 21 South, Range 54 East, Section 7. Millennium Investments, LLC — Property OwnerlApplicant. Civilwise Services, Inc. Agent. AP# 045-091-26. b. For possible action ZC-14-0010: Public hearing, discussion, deliberation and possible action on a request for a Non-conforming Zone Change (ZC) to change 1.98 acres (net) from the Village Residential (VR-20) Zoning District to the Neighborhood Commercial (NC) Zoning District, situated approximately 332 feet east of the intersection of Homestead Road and Mickey Street, located at 3090 E Mickey Street, further described as Parcel 3 of File Map #458601, Township 21 South, Range 54 East, Section 7. Millennium Investments, LLC Property Owner/Applicant. Civilwise Services, lnc Agent. AP# 045-091-26.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Carbone

made a motion to approve Minor Master Plan Change MP-14- 0005 and Zoning Change ZC-14-0010 noting the specific conditions in the conditional use permit of removal of the creek and the mini-store; seconded by Commissioner Borasky; 5 yeas. November 12, 2014 13. 11:00 For Possible Action Public Hearing, discussion and deliberation on - - the following Planning and Zoning matters: a. For Possible Action MP-14-0004: Public hearing, discussion, and deliberation on a request for a (Major) Master Plan Amendment application to change 55-acres from the Mixed Use and Low Density Residential land use designations to the General Commercial land use designation, located at 600 S. Leslie Street, a portion of the East 1/2 of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC Applicant. Civilwise Services, Inc. Agent. — — AP# 36-171-28. b. For Possible Action ZC-14-0008: Public hearing, discussion, and deliberation on a request for a (Non-Conforming) Zone Change application to change approximately 32-acres of a 55-acre parcel from the Rural Estates (RE-I) Zoning District to the General Commercial (GC) Zoning District located at 600 5. Leslie Street, a portion of the East % of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC Applicant. Civilwise Services, Inc. — Agent. AP# 36-171-28.

Commissioner Wichman

opened the public hearing. Greg Dann read a statement into the record regarding his research on the well on this parcel and how the measured static water level had diminished over time. He and his neighbors have had to drill new wells to reach the water as it depletes. Since he diligently watches the water in the valley, he did not favor any changes to the zoning or the master plan that included an excessive depletion of an already depleting natural resource. Additionally, any high intensity or density development would produce high levels of sewer waste to be processed and discarded, which would bring a whole other set of issues. He said he would be very cautious about allowing anyone to discharge waste into the ground in an area that had a pre-existing and over-allocated private sewage system installed. Mr. Dann felt the present zoning and master plan update of this year were adequate for this parcel, its neighbors, and the community. Carl Jakob stated he was against this.

Commissioner Wichman

closed the public hearing. Dave Richards from Civilwise Services, representing the applicant, offered to show the Board their Power Point presentation, which the Board declined.

Commissioner Carbone

made a motion to approve the master plan change amendment and zoning change amendment with additional conditions that no lake shall be constructed, a maximum density of 12 RV spaces per acre for the RV park, the property owner must provide a 3:1 ratio for a water mitigation plan, comply with the conceptual November 12, 2014 13. 11:00 For Possible Action Public Hearing, discussion and deliberation on - - the following Planning and Zoning matters: MP-14-0004 and ZC-14-0008-Cont’d. site plans submitted, and any portion of the property undeveloped in three years shall revert back to the previous zoning category.

Commissioner Borasky

asked if the RPC had seen the presentation. Mr. Richards stated the RPC would not allow them to show the entire presentation, but they did approve it and forwarded it on to the Commissioners. He felt they should have an opportunity to provide the presentation since the Board had not seen it yet. This item died for lack of a motion. 14. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) adopt, amend and adopt, or reiect Nye County Bill No. 2014-27: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by adding Chapter 17.10 entitled Special Use Permits; and providing for the severability, constitutionality and effective date thereof; and other mailers properly relating thereto; and 2) set an effective date.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Carbone

made a motion to adopt Nye County Bill No. 2014-27 amending Nye County Code Title 17, adding Chapter 17.10, with an effective date of December 4, 2014; seconded by Commissioner Borasky. Tim Sutton, Deputy District Attorney, advised they had to change the bill to correct 17.06 to 17.10, and there was a typographical error in the word “construction” in one portion of it.

Commissioner Carbone

amended his motion to include the corrections mentioned by

Mr. Sutton

; Commissioner Borasky amended his second; 5 yeas. 15. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-29: A Bill proposing to amend Nye County Code Chapter 16.24.20 pertaining to the appointment of members to the Pahrump Regional Planning Commission; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Wichman

opened and closed the public hearing. November 12, 2014 15. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-29-Cont’d.

Commissioner Carbone

made a motion to adopt Nye County Bill No. 2014-29, proposing to amend Nye County Code Chapter 16.24.20 with an effective date of January 5, 2015; seconded by Commissioner Borasky; 5 yeas. PLANNINGIBUILDING

Commissioner Carbone

made a motion to set the time, date and location in Pahrump on December 16, 2014, at 11:00 a.m.; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

was not present. TIMED ITEMS-Cont’d. 10. 10:45 For Possible Action Public Hearing, discussion and deliberation to: — - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-28: a Bill proposing to amend Title 6, Chapter 6.06 of the Nye County Code by adding Section 6.05.025 titled False Reporting; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Borasky

asked if the Animal Control Officer was a sworn deputy. Maria Zlotek, Chief Deputy District Attorney, advised that Animal Control Officers were not peace officers or deputies, but had been given authority from the Board of County Commissioners to sign citations and enforce the ordinance over which they have jurisdiction pursuant to NRS 171.17751. NRS 207.280 had a provision for a misdemeanor citation or charge for peace officers to enforce false reporting, so by having that provision in Title 6 the Animal Control Officers would be able to cite to enforce that same prohibition.

Commissioner Borasky

asked where the funds for enforcement would come from.

Commissioner Wichman

said she understood that what was happening was an individual was going out over and over again to the same place and wasting money and time on a fictitious report. She was not sure what would cost more money, prosecuting the liar or continuing to send staff out. November 12, 2014 10. 10:45 For Possible Action Public Hearing, discussion and deliberation to: — - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-28-Cont’d.

Commissioner Carbone

said it was a fine and it was no different than when Animal Control went out and ticketed a place that did not have the proper permitting for the amount of animals they had. They had the same ability to go to court with that as they would with this.

Commissioner Carbone

made a motion to adopt Bill No. 2014-28, proposing an amendment to Chapter 6.06 of the Nye County Code by adding Section 6.05.25 entitled False Reporting, and all matters related thereto, and setting a date of December 4, 2014; seconded by Commissioner Borasky; 4 yeas. 13. 1 1:00 For Possible Action Public Hearing, discussion and deliberation on - - the following Planning and Zoning matters: MP-14-0004 and ZC-14-0008- Reconsidered. Tim Sutton asked the Board to revisit items 13a and 13b. He said in reviewing the Code it appeared that the applicant had the right to present materials subject to however much time the Board wanted to give the applicant.

Commissioner Borasky

made a motion to reconsider items 13a and 13b; seconded by

Commissioner Wichman

reopened and reclosed the public hearing.

Commissioner Bprasky

made a motion to continue this item to the December 16, 2014, meeting; seconded by Commissioner Carbone; 4 yeas.

Mr. Richards

said they had been attempting to do a presentation also before the Water District Board regarding the water rights usage on this project and had not been able to get on their agenda. That board was saying they needed direction from either the RPC or the County Commissioners for the applicant to get a position on a Water District Board meeting.

Commissioner Wichman

explained the Water District made its own regulations and was autonomous. They provided the Board with information like the RPC, but their actions did not depend on what the Commissioners did. If this information could not be passed along to Darrell Lacy, the general manager for the Water District, Commissioner November 12, 2014 13. 11:00 For Possible Action Public Hearing, discussion and deliberation on - - the following Planning and Zoning matters: MP-14-0004 and ZC-14-0008- Reconsidered.-Cont’d. Wichman suggested Mr. Richards contact Teddi in the Water District Office to get on their agenda.

Commissioner Carbone

asked if the Board could reconsider this item again and make a motion that it go to the Water District for evaluation.

Commissioner Wichman

said it would just be a direction to staff.

Mr. Sutton

agreed the RPC and the Water District were both autonomous and did not require any outside referral from any other body to be able to consider an item. If they were under that impression that needed to be corrected and they could contact the District Attorney’s Office for that.

Commissioner Carbone

asked staff to get this mailer on the Water District Board’s agenda. The Board was in recess until 1:30 p.m. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 16. 10:15 Sitting as the Board of County Road Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right- of-Way.

Commissioner Carbone

opened and closed the public hearing. Maria Zlotek advised that since it was now Highway Commissioners, any action taken had to amend anything in the resolutions that said Road Commissioner and replace it with Highway Commissioner.

Commissioner Wichman

made a motion to approve and everywhere it said road it should say highway when referring to Commissioners; seconded by Commissioner Borasky.

Commissioner Wichman

asked if the corrections could be made going forward and the ones for today stand with that motion. Ms. Zlotek said yes. November 12, 2014 16. 10:15 Sitting as the Board of County Road Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right of-Way.-Cont’d.

Commissioner Carbone

asked about the fencing at the Tonopah landfill. Dave Fanning, Director of Public Works, said he would meet with the contractor for the perimeter fencing on Friday and walk the perimeter. The portable fencing for the trash on the face was in and they should be able to make the award for the perimeter fence by the end of the month.

Commissioner Borasky

asked if streetlights were under Public Works or Valley Electric since he wanted to report two of them that were out. Mr. Fanning said those should be reported to Public Works.

Commissioner Borasky

advised the lights were not working on the corner of Dandelion and Unicorn and on the corner of Gamebird and Vickie Ann.

Commissioner Cox

asked if anything had been heard from the owner of the property on the corner of Highway 160 and Basin, or from NDOT, as to whether those lights would be lit or not. Mr. Fanning said he did look into some paperwork on ownership and those lights were under Derma Boy Holdings, which fell into NDOT right-of-way acceptance. He forwarded that information to NDOT but had not heard back. He said he would follow up and provide an update before the next Board meeting.

Commissioner Cox

expressed concern about the corners in town that were really dark at night and asked if it was financially feasible to add more streetlights to the darker corners as time went by, maybe through grants.

Mr. Fanning

advised Valley Electric had worked on the program for almost nine years now and they had not increased their rates. That was something that could be looked at and assessed, but the RTC had been funding it every year. He would look at those intersections if Commissioner Cox would provide the information to him. November 12, 2014 17. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Wichman

suggested completing an NDOT project request form.

Commissioner Carbone

noted Mesquite was starting to break apart again down the road from where repairs were done.

Mr. Carlo

made a correction to the toad report regarding removal and replacement of Linda and Basin. It had been patched, but had not been completely removed at this point. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. 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 Cox

asked that item 20 be pulled for discussion.

Commissioner Carbone

made a motion to approve items 18-23 with the exception of 20; seconded by Commissioner Borasky; 4 yeas. 18. For Possible Action — Approval of Elected Official Collection Report

Commissioner Carbone

made a motion to approve items 18-23 with the exception of 20; seconded by Commissioner Borasky; 4 yeas. 19. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Carbone

made a motion to approve items 18-23 with the exception of 20; seconded by Commissioner Borasky; 4 yeas. 21. For Possible Action Approval to accept Notice of Grant Modification for the Community Services Block Grant (CSBG) to provide assistance for Nye County’s very low to low-income population.

Commissioner Carbone

made a motion to approve items 18-23 with the exception of 20; seconded by Commissioner Borasky; 4 yeas. November 12, 2014 22. For Possible Action Approval to accept Notice of Subgrant Award from the Nevada Department of Health and Human Services, Division of Public and Behavioral Health to fund the Women, Infants, and Children (WIC) Clinics in Pahrump and Tonopah.

Commissioner Carbone

made a motion to. approve items 18-23 with the exception of 20; seconded by Commissioner Borasky; 4 yeas. 23. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, February 17, 2015 in Pahrump, Nevada.

Commissioner Carbone

made a motion to approve items 18-23 with the exception of 20; seconded by Commissioner Borasky; 4 yeas. 20. For Possible Action Approval to accent the 2014-2015 Justice Assistance Grant (JAG) through the Nevada Office of Criminal Justice Assistance to assist in the cost of two full time existing Narcotics Detectives and fully fund one part time no benefits existing office assistant.

Commissioner Cox

questioned the match required and was also concerned about hiring people under these grants and the County having to continue funding the positions. Rick Marshall from the Sheriffs Office explained this grant had been in existence for about 20 years and there was no requirement under this grant to maintain the positions.

Commissioner Cox

asked if the County had the matching funds. Pam Webster advised it was budgeted in the salaries.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 4 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. 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. November 12, 2014 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. Update on Western Interstate Region of National Association of Counties The update was in the back-up. 28 For Possible Action Discussion and deliberation regarding a Proclamation proclaiming November 14, 2014 as Grant Gerber Day.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 29. For Possible Action Discussion and deliberation regarding a Resolution protesting Bureau of Land Management actions in Recapture Canyon.

Commissioner Catbone

made a motion to adopt the resolution; seconded by

Commissioner Borasky

; 4 yeas. CLERK-Cont’d. 31. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2014-42: a Resolution canvassing the results of a bond election in Nye County School District, Nye County, Nevada. Sam Merlino explained the School District required this, but she did not have time to get all of the attachments in prior to the back-up deadline and offered to answer any questions the Commissioners had.

Commissioner Carbone

made a motion to approve the canvass and adopt Resolution 2014-42; seconded by Commissioner Borasky; 4 yeas. SHERIFF 32. For Possible Action Discussion and deliberation to allow Don Boulden to purchase the firearm he was issued when he was hired.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Catbone.

Commissioner Carbone

reminded people this would go through the same process as any firearm that was sold as well as the proper registration process. He noted this was not something the County usually did. November 12, 2014 32. For Possible Action Discussion and deliberation to allow Don Boulden to purchase the firearm he was issued when he was hired.-Cont’d.

Commissioner Wichman

asked if the Commissioners needed to have an agenda item to say it was surplus. Maria Ziotek advised surplus did not become an issue. It was her understanding that the weapon was issued to the officer when hired so it was County property and not distinguished as surplus. NRS 332.185 gave the Board of County Commissioners the authority to dispose of County property in any manner. The Board would have to find that the weapon was no longer required for public use, it was in the best interest of the local government, and it was desirable, which would allow the Board to sell the weapon to Deputy Boulden.

Commissioner Borasky

amended his motion as stated by Ms. Ziotek; Commissioner Carbone amended his second and noted the firearm was no longer needed for public service within Nye County; 4 yeas. TREASURER 33. Treasurer’s Report The report was in the back-up. COUNTY MANAGER 34. Onjoing Project Report The report was in the back-up.

Commissioner Carbone

asked about the item regarding the post-closures of the Amargosa, Round Mountain and Tonopah landfills. Dave Fanning explained all landfills were titled with post-closure and closure money, and that was a rule that he and the County Manager made back in 2010 per NRS to obligate money over a period of time. The reports showed where the money was deposited and the money could only be drawn down on by the State. Pam Webster added the State required that the money be deposited into a twst account because the State had been stuck with some landfill closures in the past as commissioners in other counties had not set up a provision to cover the final closure of some landfills. The State monitored the accounts each year to make sure the funds were sufficient to cover a final closure.

Commissioner Wichman

said it was brought to her attention each time there was a In Party FIA meeting that there were several landfills that something needed to be done November 12, 2014 34. Ongoing Project Report-Cont’d. with. The BLM either wanted the County to buy them or redo the R&PP leases. She never understood what the reasons behind that were, but now she believed that those landfills were future mines and the County should look at purchasing them. HIR AND RISK MANAGEMENT 43. For Possible Action Discussion and deliberation to use the funding from a vacant Deputy Justice Court Clerk position to fund two (2) Deputy Justice Court Data Clerk positions in the Pahrump Justice Court office.

Commissioner Borasky

made a motion based on staff recommendation to approve; seconded by Commissioner Carbone; 4 yeas. COUNTY MANAGER-Cont’d. 35. For Possible Action Discussion and deliberation regarding a use agreement between William and Amy Dowers and Nye County granting the use of an alley at the Tonopah corrals for the placement of a trailer for the collection of manure and periodic removal of the contents of the trailer to an off-site location.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 36. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment on all taxable property situated within the confines of the Pahrump Valley Groundwater Basin for Fiscal Year 2015-201 6.

Commissioner Wichman

explained this took place in every designated basin throughout the State every year.

Commissioner Carbone

asked if a report could be obtained from the State Engineer showing this individual was doing the work this money was going to.

Commissioner Wichman

said Commissioner Carbone could call and ask him.

Commissioner Borasky

noted the resolution stated the quarter tax billing setting the special assessment shall be a lien upon the property and asked if that would be a lien on the property or a lien on the property if it was not paid.

Commissioner Wichman

stated it would be a lien if not paid. Maria Zlotek advised the resolution was verbatim from the statute.

Commissioner Wichman

pointed out there was a law that this had to be done. November 12, 2014 36. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment on all taxable property situated within the confines of the Pahrump Valley Groundwater Basin for Fiscal Year 2015- 2016.-Cont’d.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 3 yeas. Commissioner Cox voted no. FINANCE 37. For Possible Action Discussion and deliberation regarding a Contract with Wulfenstein Construction to perform a Superpave surface treatment to Calvada Blvd between Bla Rd and Red Rock Dr as well as portions of the intersection of Calvada and Blagg.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. 38. For Possible Action Discussion and deliberation regarding Resolutions Directing the Dissolution of the Petty Cash Funds for the Nye County Sheriff’s Beatty Office, and Tonopah Recorders Office.

Commissioner Carbone

made a motion to adopt Nye County Resolutions 2014-44 and 2014-45, dissolution of office petty cash funds; seconded by Commissioner Borasky; 4 yeas. 39. Financial Reports

Commissioner Carbone

asked if any department had given any variances. Amy Fanning said not yet, but she had reached out to the Clerk and EMS. The Clerk was a given because of the election costs, and EMS had vehicle costs. She would sit down with both departments to see where their budgets were going and why and would have more information at the December 16, 2014, meeting. Pam Webster expressed her concerns about revenue shortfalls and the need for a quick response to adjust budgets. She would bring information back at the next meeting regarding those potential revenue shortfalls. H/R AND RISK MANAGEMENT-Cont’d. 40. For Possible Action Discussion and deliberation to approve filling an open Deputy position in the Pahrump DARE Services department.

Commissioner Borasky

made a motion based on staff recommendation to fill this position with an effective date no sooner than December 1, 2014, and the savings credited to the stabilization fund; seconded by Commissioner Carbone. November 12, 2014 40. For Possible Action Discussion and deliberation to approve filling an open Deputy position in the Pahrump DARE Services department.-Cont’d.

Commissioner Cox

asked if this position was already budgeted. Danelle Shamrell from Human Resources advised it was and this was somebody who was retiring.

Commissioner Borasky

made a motion based on staff recommendation to approve filling the position with the savings credited to the stabilization fund; seconded by

Commissioner Carbone

; 4 yeas. 42. For Possible Action Discussion and deliberation to approve filling a vacancy to be generated when a current Deputy is transferred to the vacated position due to a resignation in the Mercury Field Services department.

Commissioner Bocasky

made a motion based on staff recommendation to approve filling the position with the savings credited to the stabilization fund only after the accrual payouts had been absorbed; seconded by Commissioner Carbone.

Commissioner Carbone

asked if this was the situation where an employee was coming out of the general fund and going into a separate fund that Mercury paid for. Pam Webster explained the Mercury contract was completely reimbursed, but the payouts were not and those were part of the overhead absorption.

Commissioner Carbone

asked what would happen to the funds for the partial position. Danelle Shamrell advised the employee transferring in would happen right away because of the DOE funding, but they were asking that the position be filled once the accrual payouts were absorbed.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Cox. November 12, 2014 44. For Possible Action Discussion and deliberation to: 1) approve a new Budget Technician classification and lob description; and 2) approve the posting & filling of the position.-Cont’d.

Commissioner Borasky

asked if this would be open to the public. Danelle Shamrell stated it could be or it could be posted internally. It was up to the department. Amy Fanning advised the original plan was to advertise in-house first and if in a two week period no one wanted to apply then it would be opened up to the public.

Commissioner Carbone

made a motion to set a time, date and location as December 16, 2014, in Pahrump at 11:00 a.m.; seconded by Commissioner Borasky.

Commissioner Borasky

asked who got to do the conditional use permit.

Commissioner Carbone

advised the conditional use permit was stHl part of the RPC. Other ordinances were changed recently and this was to correct all the changes down the line through the ordinances. Tim Sutton explained there was a code conflict in the Nye County Code. One portion said the final authority rested with the Regional Planning Commission and another part said the Board of County Commissioners retained review authority, so to answer

Commissioner Borasky’s

question it was up to the Board to decide who they wanted to have that authority for a final determination on conditional use permits.

Commissioner Catbone

read the title into the record. November 12, 2014 48. 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. 2014-31: A Bill proposing to amend a development agreement between Nye County and PV Land Investments, LLC; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) read the title of the Bill into the record.

Commissioner Borasky

made a motion based on staff recommendation to set the public hearing for December 16, 2014, at 11:00 a.m., in Pahrump; seconded by Commissioner Carbone; 4 yeas.

Commissioner Borasky

read the title of the bill into the record. 49. For possible action Discussion and deliberation on a request for a Grant of Easement from Nye County to NV Energy, containing three hundred ninety two (392) square feet, further described as Assessor’s Parcel #01-232-07 F#728020 Parcel 1, 530 E Street located at the Gabbs Community Center in the Town of Gabbs; NV Energy Requestor (EA-14-0002).

Commissioner Carbone

made a motion to approve the grant of easement from Nye County to NV Energy; seconded by Commissioner Borasky; 4 yeas. PUBLIC WORKS

Commissioner Carbone

made a motion to accept the 2014 update; seconded by

Commissioner Borasky

. Dave Fanning advised approval from the State was received in October and read that letter into the record.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 4 yeas.

Commissioner Wichman

asked who she had been applying through. Ms. Barneft said on September 5, 2014, she applied for the grading and building permits and was told it would be a short turnaround. She e-mailed Bill Browning today about the status. There were also questions about whether a conditional use permit would be required. She had asked for a list of the special conditions if she applied for a conditional use permit, but believed she did not need one as she was just remediating land. The reply she received referred to the sewer plant, which she was not doing anything to. Pam Webster stated since there was no one here to answer the accusations, and this was not the appropriate place to handle this, she would put an item on the next agenda so staff could explain to the Board.

Commissioner Cox

described her experience riding in the Nevada Day parade in Las Vegas with Vance Payne, EMS staff, and Commissioner Carbone. She thanked everyone who went with them. She believed Nye County took first place in something.

Commissioner Wichman

said the Tonopah float took first place in the county category in the parade in Carson City. There would be a trophy made.

Commissioner Wichman

adjourned the meeting. APROVED this j day ATTEST: Of ,2014. \) (j4 c k Chair . Nyb Cciny Clerk / Deputy