March 3, 2015

Commissioner Wichman

said items mentioned in public comment would not be addressed until they were on the agenda and that Ms. Nelson should direct her questions to staff. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Commissioner Schinhofen

made a motion to go into closed meeting; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Schinhofen

said he would like to make a couple of suggestions. First off, part of that $800,000.00 was to not do furloughs. He thought furloughs would be a necessary item at 5% and he asked management to take 10%. He said he would be happy to take the 5% or 10% and challenged all elected officials to do the same.

Commissioner Wichman

said she would take the 10% if that became part of it.

Commissioner Schinhofen

noted that the employees were very good with this the last years these cuts were done. Regarding support services and non-NRS required services, Commissioner Schinhofen suggested, and would make it a motion, to cut Senior Nutrition subsidies for $120,000.00; animal shelters for $225,000.00 and pass them down to the towns to run; the health clinics in Amargosa and Beatty; reduce the Ag Extension by $50,000.00; close the Tonopah jail; cut Natural Resources for $123,000.00; the DARE program for $172,000.00; take $300,000.00 out of Juvenile Probation; and take $150,000.00 out of Planning. Commissioner Schinhofen thought that would get to the figure looked for.

Commissioner Wichman

asked if Commissioner Schinhofen was talking about keeping the Tonopah jail as a holding facility.

Commissioner Schinhofen

said yes, which was why it was only reduced by $800,000.00.

Mrs. Webster

stated it would be a provision to be able to do that and to have some sort of representation there as needed for arrests and holding or transport.

Commissioner Schinhofen

said that would be his motion then: seconded by

Commissioner Carbone

. March 3, 2015 29. For Possible Action — Discussion and deliberation regarding action to remedy the revenue shortfall for Fiscal Year 2015.-Cont’d.

Commissioner Carbone

suggested consolidating some organizations and eliminating some top level in the future. He said the Commissioners also needed to make sure the shelters could be moved back in to the towns.

Commissioner Wichman

did not know if the shelters had ever been in the towns, but said with them not being NRS-mandated then it came down to if the communities wanted them they needed to support them.

Commissioner Wichman

restated Commissioner Schinhofen’s motion as management would take a 10% cut, and that included at least four of the Commissioners; it reduced staff to a 5% furlough; it would reduce the annual budget for Senior Nutrition by $120,000.00, the animai shelters by $225,000.00, the health clinics in Amargosa Valley and Beatty by $312,000.00, Ag Extension by $50,000.00, the Tonopah jail by $800,000.00, Natural Resources by $123,000.00, the DARE program by $172,000.00, Juvenile Probation by $300,000.00 only, and Planning by $150,000.00 only. She said that was the motion that was seconded.

Commissioner Cox

said she would also kick in 10%.

Sheriff Wehrly

advised the Tonopah jail could not be used as a holding facility unless it was open 24/7. She shared some of her thoughts on how to generate a little bit of revenue, including a warrant program modeled after the North Las Vegas program which could generate $14,000.00 to $350,000.00 annually; an electronic courtesy payment program so when a ticket was written the people had the opportunity to pay that ticket immediately by using a credit card; a possible SWAT school which could net approximately $10,000.00 per class, making around $50,000.00 for five classes; and renting beds at the detention centers which could net $2.7 million per year per facility.

Sheriff Wehrly

was not saying any of this would happen overnight, but they were working on it and she thought that within the next month they would be able to show the Commissioners what they were planning on doing. As far as the DARE program, Sheriff Wehrly explained that program was staffed with sworn officers and those officers would just transfer back to the street. The program did not cost $172,000.00 to run and a good portion of that money was donations.

Commissioner Wichman

clarified they were only talking about the portion from the general fund, which would mean two positions. Deputy Sheriff Rick Marshall said the main concern was turning the Tonopah facility into a holding facility. They simply could not have one prisoner in there without having 24- hour coverage and cutting back $800,000.00 would not allow them to have enough officers to do the 24/7 coverage. March 3, 2015 29. For Possible Action — Discussion and deliberation regarding action to remedy the revenue shortfall for Fiscal Year 2015.-Cont’d.

Commissioner Carbone

asked if there was 24-hour coverage in Beatty for holding.

Sheriff Wehrly

said no because that was cut last year and prisoners were not housed there. They transport them now, which took a deputy out of his patrol area for approximately 2-1/2 to 3 hours every time they made an arrest. The same situation happened in Gabbs where there used to be two deputies and now there was only one.

Commissioner Wichman

said she would be excited to see the results of what Sheriff Wehrly outlined as a possibility for revenue streams coming in. She noted that any actions taken today could be reviewed once the figures were in. John Bosta thought what the Commissioners were doing right now was simply cutting to fit the budget for this year, but they needed to look at what was suggested by the Tischler Report that pointed out in 2006 that any avenue used would be a deficit to the income. One of the things that created the deficit was people were not paying their property tax because they could not afford it. He said the Commissioners needed to look at stopping all subdividing. Cutting off services to the public was only hurting the people who paid the taxes and more people would leave and there would be less money again. Mr. Bosta said the Commissioners had to correct the problem causing the deficit and what they were doing right now was not solving anything other than balancing the checkbook. Dwight Lilly pointed out the Tischler Report said all development scenarios produced an annual net deficit, meaning every time the Commissioners gave permission for another residential or commercial building to be built they signed themselves into further deficit and there was no way to get out of that with the way the tax base was. Mr. Lilly suggested when looking at labor negotiations that the Commissioners consider reducing the management pay in the County by 20% to 40%, which would bring it more in line with what the general public would be paid in the private sector. That savings could fund one or two more deputy positions. He also disagreed with closing the jail in Tonopah and would prefer to see it leased out.

Sheriff Wehrly

reminded the Commissioners of the retention requirement under the COPS grant and said getting rid of the DARE officers would probably upset the COPS grant people. Sheriff Wehrly said they had already received a letter of inquiry from the COPS grant people questioning the loss of people. If they decided the County was not in compliance there was the possibility of having to pay back $2 billion plus for the grant.

Commissioner Wichman

said she had specifically asked Rick Marshall what would happen in this situation. He assured her that one of the only ways to not have to pay that grant back was a financial crisis, which the County was in. March 3, 2015 29. For Possible Action — Discussion and deliberation regarding action to remedy the revenue shortfall for Fiscal Year 2015.-Cont'd.

Mr. Marshall

clarified it was not a clause in the COPS grant. A financial hardship was one of the reasons the Office of Justice would take into a consideration. Pam Webster wrote them a letter explaining the hardship, but one of the areas of concern was the reduction of personnel. Mr. Marshall said they would look into that, but it was not a guarantee that they would accept the reasons given.

Commissioner Schinhofen

made a motion to approve with corrections: seconded by

Commissioner Borasky

; 5 yeas. 5. Announcements (first)

Commissioner Cox

said in Pahrump chambers tomorrow at 6:00 p.m. the Public Utilities Commission would meet on the issue of an increase on the utilities with Utilities, Inc. It would be a public meeting.

Commissioner Carbone

said he and Commissioner Borasky played ball with the high school students and the VFW and they won 13-11. 6. For Possible Action - Emergency Items This item was removed from the agenda. March 3, 2015 7. Commissioners'/Manager's Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)

Commissioner Schinhofen

stated when the animal shelter was brought up for privatization there were many public meetings held about it, and Vance Payne had been in charge of EMS for quite some time. As far as the Tischler Report, Commissioner Schinhofen said he was well aware of it and the County had fewer employees than it had in 2006.

Commissioner Schinhofen

said it had been 32 days since a waiver was granted to UICN and they agreed that within 30 days they would start work, but there was no work Started. He wondered if staff should be directed to do a show cause hearing because he also heard NDEP put a 30-day comment period in place for UICN to build those ribs and wondered if that would be another 30-day delay. Commissioner Schinhofen asked Staff to bring something to the next agenda to discuss. He advised he could not attend the PUC meeting, but would send a note to encourage the PUC to not increase their rates and that if they did get the increase lawyers’ fees should not be included in the increase, TIMED ITEMS-Cont’d. 9. 10:45 - For Possible Action — Public hearing, discussion and deliberation ursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2712 E. Cook Road, Amargosa Valley, Nevada. and adopt, amend and adopt or reject Resolution No. 2015-08: a Resolution Findin Existence of Nuisance Conditions: or Resolution No. 2015-09: a Resolution Finding Nuisance ee SE nesolution No. 2019-09: a Resolution Finding Nuisance Conditions Do Not Exist. Mike Cottingim, administrator for Amargosa Valley, explained they filed this nuisance complaint based upon the town board's action. BAE Enterprises and Mr. Settlernyer applied for a solid waste permit on this property, which was denied. They then brought a few pigs on site as well as solid waste out of Clark County, landscape waste, etc., under the guise that they had an agricultural operation and were making compost so there were no permits or anything required. Mr. Cottingim stated this material was a fire hazard which could not be handled by the town’s resources if a fire were to occur. He described the composting process and how it required liquid. There was a tanker truck on the property that he was told was depositing milk waste, which would not aid the composting process and would increase the rodents on site. The town believed the company was trying to dump waste out there with no regulation and it should be classified as a disposal site, not an agricultural site. If they were successful in covering the 120 acres then big companies would start buying property in Amargosa Valley and dumping without any consequences. Mr. Cottingim said Amargosa Valley did not feel they were an agricultural facility or making compost.

Commissioner Wichman

opened the public hearing. March 3, 2015 9. 10:45 - For Possible Action — Public hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2712 E. Cook Road, Amargosa Valley, Nevada, and adopt, amend and adopt or reject Resolution No. 2015-08: a Resolution Finding Existence of Nuisance Conditions; or Resolution No. 2015-09: a Resolution Finding Nuisance Conditions Do Not Exist.-Cont'd.

Commissioner Borasky

asked if a well was drilled on the site. Mr. Cottingim understood there were four holes in the ground, and there was a pressure tank there, but from their research they could not find any permits and did not know if it was operational. Marla Zlotek stated for the record that notice was given by the District Attorney's Office to the property owner pursuant to the statute and was received on February 5, 2015. They had proof of signature within their file. Sam Merlino said her office also published notice according to statute and had the affidavit of publication. Matt Parker from BAE Industries explained they were bringing in green waste to make compost as well as liquid to aid in that process. They brought in just enough green waste to get going and were not continually dumping. They needed to find more liquids they could use for the compost process, but they were doing everything according to the State and County legal guidelines. He said they were registered with the Nevada Department of Agriculture for the pigs and were breeding them. They were also using the compost to get organically certified and would graze their animals on organic crops.

Mr. Parker

said they had been operational for just barely two months and he did not believe the town had given them an opportunity to get set up and going. There was a well in place, they just had their power turned on, they were continuing to build infrastructure, and they were buying supplies locally. There was also a water truck and loader on site if there was a fire. He said Nye County agreed they did not need a solid waste permit as they were not hauling solid waste, and he pointed out they were smaller than an existing operation out there that was not required to have any of this permitting or bonding.

Commissioner Schinhofen

asked if Mr. Parker was claiming another entity was composting and bringing in green waste or if he was referring to the dairy. Mr. Parker said it was another operation. He was not sure how much they were doing, but they were bringing in green waste along with more manure than his operation would handle and if that was not a nuisance Mr. Parker was not sure how they could be. Steve Settlemyer advised he owned four wells on the 140 acres, and he had water rights on Saddleback that he was working with the State Engineer to move to this location. He was also prepared to transport the water and put more water in the ground at this location rather than pump water out. The State Engineer came out and inspected the property and they gave them a clean bill of health on the amount of water March 3, 2015 9. 10:45 - For Possible Action — Public hearin discussion and deliberation ursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2712 E. Cook Road, Amaraosa Valley, Nevada, and adopt, amend and adopt or reject Resolution No. 2015-08: a Resolution Finding Existence of Nuisance Conditions; or Resolution No. 2015-09: 2 Resolution Finding Nuisance Conditions Do Not Exist.-Cont'd. they were using. Mr. Settlemyer stated he never wanted a solid waste permit and would like the County to refund the $1,500.00 they were asked to pay the last time they came here. He pointed out that Darrell Lacy told them they would have three months to come back and explain their operation, but they were not given that opportunity. The application was denied immediately. Mr. Settlemyer said they did not know how they could convince the Commissioners they were not running a dump.

Commissioner Schinhofen

asked if they had a State license for composting. Mr. Parker said yes.

Commissioner Schinhofen

said as he understood the Code there was nothing in it that prohibited composting, but this was an alleged public nuisance. He asked the District Attorney what criteria could be used to declare a public nuisance as opposed to a code violation. Angela Bello advised the Commissioners needed to find there was substantial evidence that there was something on the property that was injurious to health or indecent or offensive to the senses or an obstruction to the free use of property so that it interfered with the comfortable enjoyment of life or property.

Commissioner Carbone

noted if they considered themselves an agricultural activity then there needed to be an agricultural well and it had to be properly documented at the State Engineer’s Office. He asked if Mr. Settlemyer could show him that documentation. Mr. Settlemyer pointed out they could not move water to the property until the State approved it.

Commissioner Carbone

wanted to know how close the well was to the animals. Mr. Settlemyer said it was to the extreme west of the property about 600 to 700 feet away from the animals.

Mr. Parker

added they were using straw bedding for the pens for the animals which helped absorb the waste so it could be used in the composting process and kept it from going into the ground.

Commissioner Wichman

was bothered that the Board had to determine that there was a nuisance to the citizens of Amargosa Valley as being injurious to health, indecent, offensive to the senses or an obstruction of the free use of property, especially since indecent or offensive to the senses was so subjective. She was not sure how to determine that. March 3, 2015 9. 10:45 - For Possible Action — Public hearing, discussion and deliberation ursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2712 E. Cook Road, Amargosa Valley, Nevada, and adopt amend and adopt or reject Resolution No. 2015-08: a Resolution Findin Existence of Nuisance Conditions: or Resolution No. 2015-09: a Resolution Finding Nuisance Conditions Do Not Exist.-Cont'd.

Commissioner Schinhofen

thought something needed to be done with the codes regarding waste handling, but that was not part of this item. Since Amargosa Valley found it objectionable he would have to take that into consideration, but he was ata loss. It was not obstructing any other uses. It was a compost pile. He had neighbors near him who had 20 cars stacked on their property that he found offensive.

Commissioner Schinhofen

said in no way was he ready to make a motion one way or the other,

Commissioner Carbone

said he had gone through Arizona and watched a compost area on fire for days. The key was there was a very small fire department in Amargosa Valley so if there was a compost fire to him that meant it could take days to put out.

Commissioner Wichman

said it may, but she pointed out the owners said they had the equipment to handle a fire and it would be their own personal property burning up. John Bosta said he personally researched the record on the well in question. It was drilled by Mr. Cook and was cancelled with no renewal, so he did not feel they were being honest. He added that when they came into the community they put a fence up in the middle of the night, hauled in the first loads of material in the middle of the night, and then hauled in pigs and said they were agricultural. They were zoned non- commercial and the property was not assessed as agricultural land.

Commissioner Wichman

closed the public hearing.

Commissioner Carbone

made a motion to adopt Resolution 2015-08 on the basis of the town board thinking it was a nuisance, it was an obstruction, and it interfered with the comfortable enjoyment of life or property; seconded by Commissioner Borasky.

Commissioner Wichman

wondered what the property owners were expected to do now if this passed. Ms. Bello advised they would have to abate what the Board found to be a nuisance, so if the Board found that the composting on the property was the nuisance itself they would have to remove it.

Commissioner Wichman

asked if the Board had to find exactly what the nuisance was.

Ms. Bello

said that was correct.

Commissioner Carbone

included the composting as part of his motion. March 3, 2015 9. 10:45 - For Possible Action — Public hearing, discussion and deliberation ursuant to NRS 244.360 on a complaint alleging the existence of a nuisance Pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 2712 E. Cook Road, Amargosa Valley, Nevada, and adopt, amend and adopt or reject Resolution No. 2015-08: a Resolution Findin Existence of Nuisance Conditions; or Resolution No. 2015-09: a Resolution Finding Nuisance Conditions Do Not Exist.-Cont'd.

Ms. Zlotek

explained that NRS 244.360 stated once the public hearing was closed the Board had to make a determination by resolution whether it found a nuisance or not. There were two different resolutions in the back-up that could be adopted, amended and adopted, or rejected. One found a nuisance existed that the Board could amend to State the reasons of what exactly the nuisance was, order it to be abated and how many days to abate with a lien placed against the property if not abated. If the Board found no nuisance existed based on the testimony presented today they could adopt the resolution stating no nuisance existed.

Commissioner Wichman

wondered how compost would be abated in 30 days. Mr. Parker stated since they were allowed to compost and everyone thought they were not composting, to him it would seem they would want to see that process continue and see it actively managed in that respect. Depending on the type of compost, there were a number of different ways to do it, but it took around 90 days or so to produce finished compost and they would need more liquid in there to do that.

Commissioner Wichman

said she guessed this would be heard again in 30 days to see if everyone was satisfied. H/R AND RISK MANAGEMENT 32, For Possible Action — Discussion and deliberation to approve filling one vacant Deputy Justice Court Clerk position in the Pahrump Justice Court. Justice of the Peace Kent Jasperson said he would like permission to fill the position being vacated. He explained the employee was currently a Clerk il and the person coming in would be a Clerk | at a lower salary than what was currently being paid. He said he was already running with minimal staff and was not sure how long he could run short-handed without repercussions.

Commissioner Schinhofen

asked about the accruals. Pam Webster explained the savings shown in the agenda item were reflective of after the accruals were paid out. March 3, 2015

Commissioner Schinhofen

made a motion to fill the position with the savings credited to the stabilization fund after accruals had been covered; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

made a motion to approve filling this position after six and one-half pay periods to realize the savings; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

made a motion to approve filling this position with the savings credited to the stabilization fund; seconded by Commissioner Borasky; 5 yeas. FINANCE-Cont’d. 30. For Possible Action — Discussion and deliberation regarding the Sheriff's Office Public Safety Sales Tax Use Plan.

Commissioner Schinhofen

said he understood this would cover the County for the officers for the COPS grant. Pam Webster said yes.

Commissioner Schinhofen

made a motion to approve the updated plan; seconded by

Commissioner Carbone

. Angela Bello clarified that if the Board approved the position for Amargosa, Beatty and partially coming out of Pahrump, they would need to make the findings in Section 5.52.070.D.2 of the ordinance that the proposed use of the tax would not replace or supplant existing funding for the purposes set forth in subsection A of that section for the support of the services provided by the local fire departments and the Sheriff in that area. Also, in determining whether a proposed use met the requirement set forth in subsection D.2. of that section, the governing body shall determine whether the amount approved for expenditure for the fiscal year for the purposes set forth in subsection A of that section for the support of the services of local fire departments and the Sheriff in that area, not including any money received or expended pursuant to this chapter, was equal to or greater than the amount approved for expenditure in the immediately March 3, 2015 30. For Possible Action — Discussion and deliberation regarding the Sheriff's Office Public Safety Sales Tax Use Plan.-Cont'd. preceding fiscal year for the purposes set forth in subsection A of that section for the support of the services of local fire departments and the Sheriff in that area.

Commissioner Schinhofen

amended his motion as stated by the District Attorney.

Commissioner Wichman

understood they were trying to approve a plan, but with everything the District Attorney just read she said there was not enough information in her back-up to make that decision as she did not know what they were talking about. She asked that the item be returned to the agenda with all of that in the back-up.

Commissioner Schinhofen

withdrew his motion; Commissioner Carbone withdrew his second. Horace Carlyle, Tonopah Town Board member, cautioned the Commissioners to be very careful with what they approved because the town had a challenge to the Department of Taxation that would be moving up the chain to review how this was being handled. The Board was in recess until 2:00 p.m.

Commissioner Cox

was not present. COUNTY MANAGER 26. For Possible Action — Discussion and deliberation to approve a Memorandum of Understanding (MOU) with Nevada Rural Housing Authority (NRHA) in pursuit of development opportunities to meet the growing housing and community needs of the citizens of Tonopah. This item was removed from the agenda. 27. For Possible Action — Discussion and deliberation regarding directing the transfer of Nye County Treasurer Trust property to Nye County for public purposes. Lorina Dellinger explained some properties were redeemed by the property owners so numbers 1, 4, 5 and 6 needed to be removed from the list and numbers 2, 3 and 7 were still available. Numbers 2 and 3 were at no cost, but there was a cost with number 7 that could be addressed with a different item.

Commissioner Carbone

made a motion to transfer from Treasurer trust properties for Nye County items 2, 3 and 7; seconded by Commissioner Schinhofen; 4 yeas. March 3, 2015 PUBLIC PETITIONER

Commissioner Schinhofen

made a motion to grant the right-of-ways; seconded by

Commissioner Carbone

asked if there were back taxes owed on the property. Pam Webster said yes, but the understanding was they would pay the fees to redeem the properties. She pointed out that these easements could have a charge put on them if the Board wished, such as annual fees. Mrs. Webster thought it was a benefit to the community to have this service and it was the Board's intent originally to make sure the project was successful, but she did know other entities had used this as an opportunity to have a revenue stream. She was directed to develop a fee schedule. Richard Hammel from Nevada Broadband Networks f/k/a e-Care Nevada said they were anxious to obtain the right-of-ways as quickly as possible to continue the process of the project.

Commissioner Wichman

asked Mr. Hammel if he was amenable to the fee discussed.

Mr. Hammel

said he was not sure how they would structure an annual fee, but they could certainly work something out.

Commissioner Borasky

said there had been a lot of discussions with the various water boards about pulling Treasurer trust properties for their use and he wanted to make it clear to them that this Board did not have the appetite to allow them to do that. The County had its own financial problems right now and if they would just stop discussing it that would make the public rest at ease a little more.

Commissioner Borasky

made a motion to notify both the Nye County Water Governing Board and the Nye County Water Advisory Board to forget about trying to pull any Treasurer trust properties. March 3, 2015 22. For Possible Action — Discussion and deliberation regarding applications submitted to the Board of County Commissioners to acquire Treasurer Trust property.-Cont’d.

Commissioner Wichman

stated the last time she was involved in any meeting with the people dealing with water and the water issues facing Pahrump and the rest of the County it was her instruction to not limit them as they had to be allowed to look at absolutely everything. The Water District Governing Board was a separate board the Board of County Commissioners did not direct and although the Commissioners formed the management committee, she thought that if the Commissioners started tying their hands behind their backs then they were limited to those perimeters and could not look outside the box. Whether or not she agreed with pulling Treasurer trustee properties to eliminate the water from them, Commissioner Wichman noted that recommendation had not even been brought to the Board yet.

Commissioner Borasky

said it was not so much about limiting water on the property as it was getting the revenue out of it to use them for ribs.

Commissioner Carbone

clarified they were looking at ribs, at collection basins and anything that had to do with returning water back to the aquifer.

Commissioner Wichman

said her problem was without something in the back-up to tell them exactly what they were trying to ascertain it was her opinion that making a decision to curtail other districts or committees who were to bring recommendations to the Board was counterproductive. She did not know exactly what Commissioner Borasky was after and asked him to put together something she could look at.

Commissioner Borasky

asked to continue the item to the next meeting. Greg Dann said he concurred with Commissioner Borasky, but with the predominant theme in the County being the budget he thought the properties should be sold and the money put in the general fund.

Commissioner Wichman

thought on item 27 the Treasurer trust property was taken for public purposes to handle flood and easements, so she did not know if this was a duplication of that item or if it stood on its own.

Commissioner Carbone

said he, Commissioner Borasky and Commissioner Schinhofen would write up something that would help expiain this.

Commissioner Schinhofen

made a motion to approve the license; seconded by

Commissioner Carbone

; 5 yeas. CLERK 23. For Possible Action — Discussion and deliberation to appoint one (1) member to the Amargosa Valley Town Board to fill a vacancy for an unexpired term.

Commissioner Carbone

made a motion to appoint Ken Pitarre; seconded by

Commissioner Schinhofen

; 5 yeas. PUBLIC PETITIONER 39. For Possible Action — Discussion and deliberation to excess and donate a radio tower to the north of Fire Hall No. 1 of the Town of Amargosa Valley.

Commissioner Schinhofen

made a motion to excess and donate the radio tower north of Fire Hall Number 1; seconded by Commissioner Carbone. Mike Cottingim explained the tower was being used by the town for the emergency communications center.

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 Count 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. March 3, 2015 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 establishin Coun public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right-of-Way.-Cont’d.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman; 5 yeas. 11. For Possible Action - General road report by Public Works Director

Commissioner Carbone

asked about the issues on Manse with the rain. Tim Carlo from Public Works said it had been delayed, but they were tentatively scheduled to start paving Friday in the Homestead/Manse intersection and then move east on Manse. They should be done in 15 to 20 days barring weather.

Commissioner Cox

noted several potholes had appeared after the rain and the intersections on Leslie and Basin and David and Basin really had problems from the last storm. She thought they were going to need some extensive work soon. Dave Fanning, Public Works Director, explained David and Basin had been scheduled for a series of months. The one at Leslie and Basin would be looked at depending on how much cold mix they had left. He also advised the Blagg and Highway 372 request for a light on the corner had been turned in to VEA. The cost would be $10.50 to $27.50 a month.

Commissioner Borasky

said the intersection of Gamebird and Highway 160 could be missed when it was really foggy and asked Mr. Fanning to look at putting in a light as there was a pole there. Regarding the signs in Belmont, Mr. Fanning advised the streets signs were taken care of as per the request of the Belmont board. Regarding the overpass they were talking about for dust abatement, he said they were looking at that but the road really needed material on it in order to sustain any type of abatement since it was that far gone. Mr. Fanning would get back in touch with Donna and let her know so she could advise the board up there.

Commissioner Carbone

asked about the damage from the rain. Mr. Fanning said it was pretty substantial throughout the County. He wanted everyone to know they were trying to get to the roads no matter where people lived and asked everyone to bear with them.

Commissioner Carbone

asked if Bell Vista was ever a State road as people told him it was. March 3, 2015 11. For Possible Action - General road report by Public Works Director-Cont'd.

Mr. Fanning

stated it had a Highway 212 designation put on it after it was built and that designation was to display a route with compassed maps. That information was passed on to Bob Wickendon and he did a formal request to NDOT, but NDOT denied it due to the quick shoulder drop offs. it was eventually changed to the Bill Copeland Highway, so that was the designation Nye County put on it today and it was never a State road.

Commissioner Carbone

asked about the 40 acres in Amargosa Valley and the status with BLM.

Mr. Fanning

said Ken Plewe was diligently working on it. They received the ownership records about two weeks ago, but the question was whose name the property would go in, the Board of County Commissioners or Amargosa Valley. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. GAMING 12. For Possible Action — Discussion and deliberation to approve a Change of Business Name only for the Retail and Gaming License for TPC Opco, LLC, dba Terrible’s Casino. Timothy and Jerry Herbst, Applicants.

Commissioner Schinhofen

made a motion based on staff recommendation to approve the change of name; seconded by Commissioner Carbone; 6 yeas. LIQUOR 13. For Possible Action — Discussion and deliberation to approve a Tempora Retail Liquor License for JD's Bar & Casino, 2730 N. Blagg Road, Pahrump, NV. James Gassmann, Applicant.

Commissioner Schinhofen

made a motion based on staff recommendation to issue a temporary retail liquor license to JD's Bar and Casino and he would like to be informed if it was going to take any longer; seconded by Commissioner Carbone: 6 yeas.

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. March 3, 2015 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY BEATTY 14. For Possible Action — Discussion and deliberation to approve the purchase of 6 tires for the Beatty Volunteer Fire Department Engine 32.

Commissioner Schinhofen

made a motion to approve six tires for the Beatty Volunteer Fire Department; seconded by Commissioner Carbone.

Commissioner Carbone

pointed out the money was coming out of the Beatty fund, not the general fund.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. Commissioner Carbone voted no. BOARD OF COMMISSIONERS-Cont'd. 21. For Possible Action — Discussion and deliberation regarding a potential shooting range in Pahrump, Nevada.

Commissioner Borasky

explained there was no back-up because he came to seek the oard’s indulgence that instead of directing staff to work on it to let him to work with ance Payne. He had already talked to someone who had offered to design a range on e ten acres adjacent to the training facility on Irene and Mr. Payne was quite March 3, 2015 21, For Possible Action — Discussion and deliberation regarding a potential shooting range in Pahrump, Nevada.-Cont'd. interested in that. It would be used by the public and the Sheriff's Office for shocting handguns, shotguns and rifles. Commissioner Borasky believed he could get interest in funding for this so he was not asking the County for a dime. He was just asking the Board if they were interested in going that route.

Commissioner Schinhofen

said he had no problem with discussing and looking at options, but noted that the area of Bell Vista that historically had been a shooting range had made the final cut of the RMP and the County might be able to finally acquire that from the BLM.

Mr. Payne

said developing that property into a shooting range would enhance the existing facility the County was operating as a training center and would open the door quite a bit for uses with some other governmental partners, specifically BLM.

Sheriff Wehrly

added there was also interest from private groups who wanted to teach SWAT classes, firearms instruction, and police and tactical ops. She said that range would be put to use and generate funds for the County.

Commissioner Borasky

would look into the matter. CLERK-Cont'd. 24. For Possibie Action — Discussion and deliberation to appoint four (4) members to the Capital Improvements Advisory Board due to three (3) expired terms and one (1) unexpired term.

Commissioner Carbone

made a motion to appoint Sharon Wehrly from the Sheriff's Office to a term expiring December, 2017; Tracie Ward from the School Board of Trustees to a term expiring December, 2017; John Koenig from the Pahrump Regional Planning Commission to a term expiring December, 2016; and Scott Lewis from the Pahrump Fire Department to a term expiring December, 2016; seconded by

Commissioner Schinhofen

; 5 yeas. TREASURER 25. Treasurer’s Report The report was in the back-up. March 3, 2015 EMERGENCY MANAGEMENT 28. For Possible Action — Discussion and deliberation regarding a request to Sn ee ncn cl apply for the FY 2016 State of Nevada Emergency Response Commission’s (SERC) Planning, Training, Equipment and Operations grant for Level B&C suits for the Hazmat Teams and operational funds for LEPC and shall not exceed $25,000.00 with no match required. This grant shall be administered through Fund 10340 Grants.

Commissioner Schinhofen

made a motion to approve based on staff recommendation; seconded by Commissioner Carbone; 5 yeas. HEALTH & HUMAN SERVICES 31. For Possible Action — Discussion and deliberation regarding an Interlocal Agreement with the Nevada Department of Health and Human Services for services provided to children with developmental disabilities.

Commissioner Wichman

asked if this was a mandated service. Pam Webster said it was. If the County chose not to enter into the agreement then it would have to provide the services if it was able, otherwise the CTAX would be withheld.

Commissioner Schinhofen

made a motion to approve based on staff recommendation; seconded by Commissioner Carbone.

Commissioner Cox

asked if the County was able to provide these services. Mrs. Webster explained a program would have to be set up to handle this and the County was not able to do that today.

Commissioner Cox

voted no. NUCLEAR WASTE REPOSITORY PROJECT OFFICE/NATURAL RESOURCES 35. For Possible Action — Discussion and deliberation to accept, amend and accept, or reject an amended comment package prepared by staff on the Bureau of Land Management Southern Nevada District Office’s Public Draft Resource Management Pian & Environmental Impact Statement.

Commissioner Wichman

asked that two additional people be included on the list of people to send this to, Amy Lueders and Neal Kornze.

Commissioner Schinhofen

made a motion to adopt with the added people suggested by

Commissioner Wichman

; seconded by Commissioner Carbone. March 3, 2015 35. For Possible Action ~ Discussion and deliberation to accept, amend and accept, or reject an amended comment package prepared by staff on the Bureau of Land Management Southern Nevada District Office’s Public Draft Resource Management Pian & Environmental Impact Statement.-Cont’d.

Commissioner Cox

said she had a problem with the first sentence in the first paragraph. She would also like to see something about a one year time extension put in it at the very end or she could not support it. Darrell Lacy, Planning Director, pointed out a 20-page cover letter was approved at the last meeting which had been sent, and additional time had been requested early on.

Commissioner Cox

said her idea was to buy enough to time to get through the legislative session and find out what happened with the bill to turn the lands back over to the State. The extension was only until March 9, 2015, so the one year would get the County past the legislative session.

Commissioner Wichman

advised if the Legislature approved SJR1 in the same fashion that it was recommended all of the rights on public land would stay the way they were. However, that legislation was only to request Congress to take action on transferring those public lands and that would take several years.

Mr. Lacy

explained once the comments were in BLM would spend the next year or more going through them to develop the final draft. There would be discussions with them through that process. BLM would then come out with a final record of decision, at which point the County would have the ability to protest.

Commissioner Carbone

made a motion to approve based on staff recommendation. There was no proposed new road construction. Access to parcel one was provided by BLM Right-of-Way Grant N93521 access road, and parcel two was provided by a bladed private access assessment and approve waiver WV-14-0003; seconded by

Commissioner Schinhofen

; 5 yeas. March 3, 2015 37. For Possible Action — Discussion and deliberation reqarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2015-02: A Bill proposing to repeal Nye County Code Chapter 15.17, the Building and Construction Codes Effective within Nye County, and amend Nye County Code Chapter 15.16 the Building and Construction Codes Effective within the Pahrump Regional Planning District, by repealing the previously adopted building and construction codes, listed appendices, and related amendments thereto and sections therein, and adopting new international and uniform building ational and uniform building and | construction codes, listed appendices, and amendments thereto, to be applicable and effective within all of Nye County, as specifically noted herein; 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. This item was removed from the agenda.

Commissioner Schinhofen

thought the motion made that night was to start in 30 days. 42, ANNOUNCEMENTS (second) There were none.

Commissioner Wichman

adjourned the meeting. APROVED this tn day ATTEST: Of Doct| 2015. Nye County Clerk / Deputy