February 3, 2015

Ms. Sievers

provided a general overview of the Carson City draft RMP focusing on those portions that were particular to Nye County. The Carson City BLM managed almost 190,000 acres in the northwest corner of Nye County near Gabbs. Nye County was one of 27 cooperating agencies working on the document and over 110 public meetings/presentations had been held.

Ms. Sievers

said they considered five alternatives: Alternative A, the no action alternative; Alternative B, the resource use focused alternative; Alternative C, the conservation and preservation focused alternative; Alternative D, the urban interlace focused alternative; and Alternative E, the agency preferred alternative. Regarding sage grouse, Ms. Sievers stated there was 1,211 acres of sage grouse habitat in Nye County. There was language for sage grouse in the RMP, but the Carson City BLM would not make decisions on sage grouse. Those would come from separate planning management documents, but needed to be included in the RMP for a full picture of what was going on.

Commissioner Wichman

asked if those would supersede the RMP. Ms. Sievers stated when those records of decision were signed they would amend their current land use plan and they would be incorporated into the final Carson City environmental impact statement (EIS) as a no action alternative. Regarding visual resource management, Ms. Sievers advised that currently all of Nye County was undesignated so there was no visual resource management class identified. Under Alternative E they were proposing it be the VRM Class IV, which allowed for a lot of development to occur. As far as the proposed minerals management, all of Nye County was open, and under Alternative E all of Nye County was open for fluid minerals leasing and non-energy leasable materials. Regarding travel management, Ms. Sievers said under Alternative E they were proposing that most of the district be limited to the existing roads and trails, which all of Nye County would be limited to also. Once the record of decision was signed designating those areas as limited, the next step would be travel management planning to look at the uses and what kinds of challenges existed.

Commissioner Schinhofen

asked if the RS2477 roads would be included in the limited roads and trails. Ms. Sievers said since they were designated they would be considered in the travel management planning. February 3, 2015 8. 10:00 Presentation, by Colleen Sievers, Project Manager, Bureau of Land Management, regarding the Draft Carson City District Resource Management Plan and Environmental Impact Statement.-Cont’d. For lands and realty actions, Ms. Sievers advised that currently under Alternative A Nye County had just over 11,000 acres available for disposal. That had been carried forward into Alternative E. Back country wildlife conservation areas were proposed by a public group and had been considered in the range of alternatives. She said the goal identified in the RMP was to protect wildlife habitat so some of the actions under Alternative C included tight-of-way exclusion except within existing corridors, closed to mineral material disposals, closed to non-energy mineral leasing, and a no surface occupancy stipulation for fluid mineral leasing. BLM was proposing a back country byway to promote and enhance tourism and recreation.

Ms. Sievers

then explained the public process steps. When the comment period ended on March 27, 2015, they would take the comments and the document would be revised. In the fall/winter of next year they would put out a proposed RMP and a final EIS with a tentative record of decision in the summer of 2016. She provided information on how to submit comments. Levi Kryder from the NRWPO asked Ms. Sievers to expand on the potential impacts to the County from the surface occupancy exclusions, right-of-way exclusions and solar areas exclusions. Ms. Sievers explained that for a no surface occupancy for fl’uid minerals, the areas would be open to fluid mineral leasing at the time they were proposed and leased but there would be a no surface occupancy stipulation attached. She said included in the document were exceptions, modifications and waivers that were proposed and that their document would be very specific if areas were called out as to why they were putting those restrictions on. NUCLEAR WASTE REPOSITORY PROJECT OFFICE/NATURAL RESOURCES

Commissioner Wichman

stressed that while there was a possibility that the County would get an extension to March 9, 2015, the publication date of that extension would be Friday so this was the only opportunity the County had to approve the comments prior to that date if the published extension did not show up in the Federal Register. She suggested approving the comments with the understanding that edits and review would continue and any amendments could come back to the Board for ratification.

Commissioner Schinhofen

made a motion to approve the comments with scrivener adjustments not needing to come back, but material substantive changes would have to February 3, 2015 26. For Possible Action Discussion and deliberation to: 1) approve, amend and approve, or reject a comment package prepared by staff on the Bureau of Land Management Southern Nevada District Office’s Public Draft Resource Manaaement Plan & Environmental Impact Statement; and 2) execute the cover letter transmitting the comment package to BLM.-Cont’d. come back to the Board for future ratification; seconded by Commissioner Borasky; 4 yeas. Commissioner Cox voted no.

Commissioner Cox

said she realized that Mr. Kryder and staff had worked really hard on this, but she felt that voting in favor of it meant the Board approved of what the BLM was doing and she did not approve of them doing anything.

Commissioner Wichman

explained that in this process if comments were not submitted before the comment period expired there would be no opportunity to bring it back in opposition once it had gone forward. If the Board did not approve the comments it currently had and for some reason the extension was not published, then the County would have no right in their eyes as an intervener for an opposition to the RMP. Donald Cox said BLM had never kept their word on anything and he did not believe the County should be doing anything with them.

Commissioner Carbone

stated he went through it page by page with Mr. Kryder and it indicated the County did not particularly agree with the items on any of the alternatives. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners. Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley meeting on January 5, 2015.

Commissioner Cox

said in line 3 under general public comment “CCSE” should be “CCSC.”

Commissioner Schinhofen

made a motion to approve with the correction; seconded by

Commissioner Borasky

; 5 yeas. NUCLEAR WASTE REPOSITORY PROJECT OFFICE/NATURAL RESOURCES Cont’d.

Commissioner Schinhofen

made a motion to approve the letter of support and to execute the letter; seconded by Commissioner Carbone. February 3, 2015 27. For Possible Action Discussion and deliberation to: 1) approve, amend and approve, or reject a letter of support for the Bureau of Land Management’s (BLM) proposed conveyance of public lands in Nye County; and 2) execute the letter. Cont’d.

Commissioner Wichman

confirmed for Commissioner Carbone that this particular property was for U.S. Ecology and would go back to the State.

Commissioner Carbone

said there had been some meetings to talk about solid waste issues and that they would like to visit the facility. Bob Marchand, general manager of the U.S. Ecology facility near Beatty, said anytime.

Commissioner Wichman

stated that this Board and all prior boards she had been involved in had always used the call for the question to end the deliberation on an item. However, according to Robert’s Rules of Order a call for the question was a motion that required a second and a vote, so that would no longer be used to end the discussion but would be treated as a separate motion. Commissioner Wichman had also been made aware that there were some who were a little upset about the No to the BLM reconsideration. According to Robert’s Rules of Order the Board could reconsider any item any time. She assured the public and everyone else that under no circumstances was the reconsideration taken as a way to wait until the public left the room and then change anything. The amendments and the vote were exactly the same after the reconsideration as they were prior to it.

Commissioner Cox

advised that Pahrump now had KPFF 97.7 FM, a new golden oldies radio station, with two others coming soon, KWKI 106.9 FM, a talk radio, and another one yet to be announced.

Commissioner Carbone

said the sixth annual NNSS groundwater open house and Nevada Site Specific Advisory Board meeting would be February 18, 2015, from 4:00 p.m. to 6:00 p.m. The meeting would start at 6:00 p.m. at 100 A Avenue South in Beaffy. Also, the 2012 International Building Codes were now being put forth and

Commissioner Carbone

believed the County had until March to get them incorporated. He asked staff to schedule some meetings so builders and contractors could have an open house with Building and Safety so they could understand what the requirements and changes were.

Commissioner Borasky

said tomorrow would be the point in time count of the homeless from 4:30 a.m. to 10:30 a.m. If there were any up north he asked people to please contact him. He also mentioned another radio station, 95.9 FM, through KMPV TV, which was a good western station.

Commissioner Schinhofen

advised the Wild West Extravaganza was still on track for May 1-3, 2015, and local musicians should contact him. Contributions would also be February 3, 2015 5. Announcements (first)-Cont’d. appreciated. Next Monday he would be in Washington, D.C., talking to some congressional members on getting funding to follow the law on Yucca Mountain and reversionary for some property in Pahrump. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Borasky

said the 4th of July parade was moving forward and he was working on getting a fly over.

Commissioner Schinhofen

hoped that on the next agenda the local fireworks companies would present the Board with a proposal for a shooters’ site at the fenced-in area on the fairgrounds to try for a year to see what kind of income it would bring. He met with the radio control pilot people out there yesterday and they were preparing an MOU to use some of that property, which should also be coming forward. Sam Merlino informed the Board she received a nuisance complaint from the Amargosa Valley Town Board regarding property in Amargosa. According to NRS 244.360, that nuisance was to be turned into the Clerk’s Office and she was to get direction from the Board to set a public hearing not less than 30 days and not more than 40 days after the complaint was filed. She asked for and received direction to set the public hearing on March 3, 2015, at 10:45 a.m. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 10. 10:15 Sitting as the Board of County Highway Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt. or reject Nye County Highway 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.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman; 5 yeas. February 3, 2015 12. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Highway Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right-of-Way.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as Match 3, 2015, at 10:15 a.m., in Tonopah on County Resolutions RC2OI 5-12 1 through RC2OI 5-160; seconded by Commissioner Wichman; 5 yeas. 11. For Possible Action - General road report by Public Works Director Tim Carlo from Public Works explained the completion dates on the road report normally lagged a couple of weeks behind as he wanted to try to give the most accurate date he could. Those items were normally complete unless it was a longer ongoing project. Regarding the streetlights, Mr. Carlo said he was working on the Gamebird corridor. The one at Vicki Ann and Gamebird was out again and he would continue to work on that. Mr. Carlo advised the curb signs in Crystal were still there, and the Manse Road project completion date would probably move out to the first week in Match due to weather and rain. If there was no more rain they were still on schedule to possibly pave at the end of the month.

Commissioner Borasky

said the owner of the motor home repair shop on Manse Road just west of Hafen Ranch complained he could not get in and out of his driveway for long periods of time. He asked for confirmation for the record of the length of time that individual might have not been able to move motor homes on and off that property.

Commissioner Schinhofen

said he had spoken to the gentleman and the driveway had been cleared every time Public Works had to run a blade by it. Angela Bello advised this discussion was not appropriate without the person who was complaining having an opportunity to respond.

Commissioner Carbone

asked Dave Fanning, Public Works Director, to make sure areas were clear on Manse.

Commissioner Wichman

asked about the comment in the road report regarding birds on equipment. Mr. Fanning explained for the second time in the fiscal year they had to abate the birds and that agreement had come back to the Board in December.

Commissioner Cox

asked for the status of the light placement on the corner of Blagg and Highway 372. Mr. Fanning said he looked at it, but it was included in NDOT’s plan for the roundabout. A temporary one would be in the way and there would be a cost to rip it out.

Commissioner Cox

said she was thinking of getting Valley Electric to put a temporary light on the poles they already had there. Mr. Fanning advised those poles were in an February 3, 2015 11. For Possible Action - General road report by Public Works Director-Cont’d. NDOT right-of-way and that would have to be worked out, but he would check on it for her.

Commissioner Carbone

asked how the SRS funding would affect the roads. Mr. Fanning explained those funds would have to be more focused due to the loss of gas tax over the years and there would be an impact.

Commissioner Schinhofen

asked if the County had taken in less than normal in gas tax in the past four or five years. Mr. Fanning said it had decreased and had been declining due to the high prices, hybrid cars, and less driving. He noted another problem was the State getting the diesel tax for the highways, although a lot of car manufacturers have gone to diesel.

Commissioner Catbone

advised this would be discussed at the RTC meeting on February 17, 2015, at 8:30 a.m.

Commissioner Borasky

stated the anticipated SRS was $1 .961 million, and the loss was $1.79 million, so the County was going to get only $1 70,000.00 instead of $1.9 million. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. 9. 11:00 For Possible Action SU-14-0006 Change of Location Request: Public - — Hearing, discussion and deliberation on a request to change the location of Special Use Permit SU-14-0006 from 3171 E. Tiliman Street, Pahrump, to 9680 5. Oakridge Avenue, Pahrump, to allow a medical mariiuana establishment (cultivation) on 8.09 acres in the RE-2 Zoning District with the Business Opportunity Overlay Zone, Assessor Parcel #44-851-30. K&K Properties Group, LLC Property Owner. CW Nevada, LLC Applicant.

Commissioner Schinhofen

stated this was in his district.

Commissioner Wichman

opened the public hearing. Darrell Lacy, Planning Director, explained these were sites that had existing special use permits (SUP). One of the current SUP holders on Tillman Street was trying to speed up their process by moving to an existing facility on Oakridge, which also had an open SUP. The current approval process stated that if they did not open within 18 months the SUP would expire. Both facilities had approval at the State level and the State level allowed people to move across a facility within five miles without amending the State process.

Commissioner Carbone

asked the owner of the Oakridge facility if he had any problem with the other moving on to his property. Champ Roach said no and that they would submit a letter to that effect. February 3, 2015 9. 1 1:00 For Possible Action SU-14-0006 Change of Location Request: Public - — Hearing, discussion and deliberation on a request to change the location of Special Use Permit SU-14-0006-Cont’d.

Commissioner Wichman

closed the public heating.

Commissioner Schinhofen

made a motion to approve the change of location; seconded by Commissioner Carbone.

Commissioner Carbone

noted there would now be two SUPs with possibly the same address. Mr. Lacy stated there was nothing in the Code that said that could not happen and the parcel of land was large enough to support two facilities.

Commissioner Schinhofen

asked the applicant on Tillman if they were going to refurbish and get the other greenhouse running. Tim Smits Van Oyen from CW Nevada said that would be the goal in the future when the State opened up another round of licensing.

Commissioner Carbone

asked Mr. Smits Van Oyen if they had any facilities in Las Vegas. Mr. Smits Van Oyen said they had seven licenses total: three cultivation, three production, and one dispensary.

Commissioner Carbone

asked if they were going to make sure Nye County’s dispensary had their materials. Mr. Smits Van Oyen said yes.

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Commissioner Borasky

asked Sheriff Wehrly for a complete list of all active licenses in Nye County with addresses. LIQUOR 13. For Possible Action Discussion and deliberation to approve a Temporary Beer & Wine License for Thai Coconut Bay Restaurant, 270 Dahlia Street, Suite 101. Pahrump, NV. Bayu Rachmat, Applicant.

Commissioner Schinhofen

said all fees were paid, the application paperwork was in order, and staff was waiting on FBI fingerprint results before they could proceed with a permanent liquor license.

Commissioner Schinhofen

made a motion based on staff recommendation to issue a temporary beer and liquor license to Thai Coconut Bay Restaurant, 270 Dahlia Street, Suite 101, Pahrump, Nevada; seconded by Commissioner Carbone; 6 yeas. February 3, 2015 14. For Possible Action Discussion and deliberation regarding approval of an additional licensee, as Resident Manager, on an already approved Liquor License for Dollar General Store # 15044, 2750 N. Nevada Highway 160 in Pahrump, NV. Diane Ealand, Applicant.

Commissioner Schinhofen

made a motion based on staff recommendation to approve an additional licensee as resident manager on an already approved liquor license for Dollar General Store; seconded by Commissioner Wichman; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. BOARD OF COMMISSIONERS 15. 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. 16. 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. 17. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel mailers presented in closed meeting. This item was removed from the agenda. SHERIFF 21. For Possible Action Discussion and deliberation to terminate a Contract with Trinity Services Group, Inc., to provide food at the Pahrump Jail.

Sheriff Wehrly

explained this was costing an awful lot of money. In reviewing what was occurring in Tonopah, which did not use one of these firms to take care of their nutritional needs, and finding out there was already a nutritional program on the computers in Pahrump, she felt it would be beneficial to terminate the contract and handle it the same way it was handled in Tonopah.

Commissioner Carbone

made a motion to approve the termination with Trinity Services Group Inc., with a 90-day notice and provide staff time to plan how they would manage to support the jail food service; seconded by Commissioner Cox. February 3, 2015 21. For Possible Action Discussion and deliberation to terminate a Contract with Trinity Services Group, Inc., to provide food at the Pahrump JaiL-Cont’d.

Commissioner Schinhofen

was concerned there was nothing in the back-up to show what would be done and no figures to compare. He said he was loath to cancel a contract without knowing where they were going and could not support it.

Commissioner Wichman

said both jails had full kitchens. What she had always assumed was the inmates fixed their own meals. The County provided the food and there were people assigned to kitchen duty.

Sheriff Wehrly

said that was true in both jails. This contract simply provided someone to oversee the inmates as they prepared their own meals as well as a full-time nutritionist. She said they had a program that would do the same thing. She advised the meals in Tonopah cost from $1.50 to $2.00 per meal. Years ago it was $1.25 a meal before the company took over and the cost was now approximately $5.00 a meal plus the nutritionist full-time and their overhead.

Commissioner Carbone

amended his motion to include having a plan brought back to show how this could be accomplished; Commissioner Cox amended her second; 4 yeas. Commissioner Schinhofen voted no. CLERK 18. For Possible Action Discussion and deliberation to appoint one member to the Railroad Valley Advisory Board due to one (1) term expiring December 2014.

Commissioner Carbone

made a motion to appoint Henry Blackeye; seconded by

Commissioner Wichman

thanked Mr. Blackeye for his support of the community.

Commissioner Carbone

made a motion to appoint John Koenig; seconded by

Commissioner Schinhofen

said there were two very good applicants for this position. He thanked Mr. McRae for the years he spent on the board and hoped he would continue to provide institutional knowledge. February 3, 2015 20. For Possible Action Discussion and deliberation to appoint one member to the Regional Transportation Commission due one (1) term expiring.-Cont’d.

Commissioner Carbone

made a motion to set the time, date and location as February 17, 2015, at 10:45 a.m., at the Board of County Commissioners chambers in Pahrump and to publish the notice of intent; seconded by Commissioner Cox.

Commissioner Borasky

noted the hearing and adoption dates in the resolution needed to be corrected.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as February 17, 2015, at 10:45 a.m. in the Commission chambers in Pahrump; seconded by Commissioner Borasky.

Commissioner Borasky

pointed out the dates in the resolution were conflicting again.

Commissioner Carbone

asked if the publishing of the notice of intent per NRS 350.087 was needed in the motion. Commissioner Wichman said no.

Commissioner Schinhofen

reminded the Commissioners that at the last meeting there were some positions they talked about filling and his suggestion was to wait until there was a better grip on how short the County was, so they allowed recruiting but not filling those positions.

Commissioner Schinhofen

made a motion to allow recruiting but not filling the position until the Board had decided how to overcome the shortfall; seconded by Commissioner Carbone; 5 yeas. PLANNINGIBUILDING

Commissioner Schinhofen

said he was at the same meeting that study was discussed at and he mentioned the State might need to look at a new industry and tax people outside of the State as well as look at Yucca Mountain. He sent letters to the State legislators and had gotten a few very positive comments back.

Commissioner Wichman

said there was but no one approached, although she did not specifically call for public comment on any of the items unless it was a public hearing. She explained the Board had never called for public comment on individual items. They February 3, 2015 did open public hearings, and they did the first and last general public comment, but on specific items they just asked if there was any further discussion.

Commissioner Wichman

adjourned the meeting. APROVED this ATTEST: Of ,2015. 7 C air Ny CoLThty Clerk I Deputy