June 16, 2015

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

said the VA Southern Nevada Healthcare Systems would hold a local vets town hall meeting on Wednesday, June 17, 2015, at Pahrump Valley High School, 501 East Calvada Boulevard, from 1:30 p.m. to 3:00 p.m.

Commissioner Schinhofen

mentioned the parade would be on July 4, 2014, and while both Commissioner Borasky and he had worked on it for seven years the VFW had underwritten it and Valley Signs had donated signs and trophies every year. It would line up at 8:00 a.m. on Honeysuckle. Step off would be at 9:00 a.m. and the VFW would have a pancake and sausage breakfast around 7:00 a.m., the funds from which would fund their food pantry. Commissioner Schinhofen asked if someone would take this over for him next year so he could get to Belmont.

Commissioner Wichman

cautioned anyone who wanted to go to Belmont for their 4th of July celebration to be prepared to take care of themselves, meaning gas, food, and water. June 16, 2015 Angela Bello stated the District Attorney’s Web site had been revised. It had information regarding victims’ rights and child support forms, and comments could be submitted directly to her.

Commissioner Cox

asked that something be put on the agenda for the Binion Ranch as suggested by Mr. Lilly.

Commissioner Schinhofen

asked if that would be under the town or the County. Pam Webster said it would be under the County as the County did the feasibility study, but if the Board wanted to take action on behalf of the town moving forward it could be agendized that way.

Commissioner Schinhofen

understood it had been agendized a couple of times but was pulled.

Mrs. Webster

explained the property was in the process of being purchased by a private entity so in deference to that they had not moved forward on the study.

Commissioner Carbone

noted in the past the County had agreements with Forestry and other agencies to give up land so they could expand their areas. Recently Harry Reid and the President were looking at around 400,000 acres in the northern part of the County for a monument park, which would be 400,000 acres of land no longer in PILT.

Commissioner Carbone

wanted to understand the total dollars given up to other federal agencies although the County did not agree to give up those acres and wanted to tell the population what funds were being lost.

Commissioner Wichman

advised on average PILl brought in $0.33 per acre so that times 400,000 acres would be an approximation.

Commissioner Carbone

would also like the Board to protest any time this happened.

Commissioner Schinhofen

asked Darrell Lacy, Planning Director, to get with Mr. Fox about the Code and how many cars could be on a property as well as addressing the water on Postal Road. Commissioner Schinhofen said he would be traveling with Mr. Lacy to Washington, D.C., as they had asked someone from the County to speak at a subcommittee hearing on Yucca Mountain. The State was also invited. June 16, 2015 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d. On the Binion property, when it did come forward Commissioner Schinhofen believed it would be best handled as a town issue as it would be town property and whatever was done with it would benefit the town, not the whole County. SHERIFF

Commissioner Schinhofen

made a motion to approve the display fireworks permits and the wholesale license under items 35-39; seconded by Commissioner Carbone; 4 yeas.

Commissioner Schinhofen

made a motion to approve the display fireworks permits and the wholesale license under items 35-39; seconded by Commissioner Carbone; 4 yeas.

Commissioner Schinhofen

made a motion to approve the display fireworks permits and the wholesale license under items 35-39; seconded by Commissioner Carbone; 4 yeas.

Commissioner Schinhofen

made a motion to approve the display fireworks permits and the wholesale license under items 35-39; seconded by Commissioner Carbone; 4 yeas.

Commissioner Schinhofen

made a motion to approve the display fireworks permits and the wholesale license under items 35-39; seconded by Commissioner Carbone; 4 yeas. June 16, 2015 TIMED ITEMS 8. 10:00 For Possible Action Discussion and deliberation regarding a renewal — - proposal for Nye County from the Nevada Public Agency Insurance Pool (POOL).

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Cox

noted the Towns of Gabbs, Beaffy, Amargosa, etc., were under a special district but Pahrump was not and asked why they were separate. Wayne Carison from POOL/PACT explained that was the way the County had set it up years ago. The town also purchased the coverage separately.

Commissioner Cox

suggested having one insurance agency addressing this instead of spending extra money for two different agencies, Eason Insurance in Tonopah and Ingalls & Associates in Pahrump. Pam Webster stated consolidating would have one premium and that would be difficult to allocate between the different budgets, but she could look into it to see if there was any benefit or detriment to either party.

Commissioner Cox

asked what the County deductible was.

Mr. Carlson

advised it was $50,000.00 per loss and the town’s was $2,000.00. The County selected the higher deductible option years ago. Ken Eason added there was a premium savings with the large deductible.

Commissioner Cox

wondered if any money could be saved by making the town deductible larger. She then noted in 2007/2008 there were a couple of claims and the insurance went up and now it was down. She asked what those claims were and why all the towns were assessed the same. She also wanted to know if the County was still being assessed for that claim.

Mr. Carlson

stated he did not have the claim history with him to identify whose claims those were so he would have to research that. As far as being assessed for them, he advised there was a live year look back period for liability claims so those would be outside of that five year period.

Commissioner Cox

said she would like to see consolidation to save money in the long run and possibly raise the deductible for the town. Angela Bello clarified that even though the Board of County Commissioners sat as the governing body of the Town of Pahrump they could still be sued as the Town of June 16, 2015 8. 10:00 For Possible Action Discussion and deliberation regarding a renewal — - proposal for Nye County from the Nevada Public Agency Insurance Pool (POOL). Cont’d. Pahrump so she was not sure if two legally distinct entities could be combined into one agreement.

Mr. Carlson

explained the compensation percentage was the same for each insurance agency so there would be no savings from that standpoint. On the deductible differences, he gave some options for higher deductibles but explained the losses would be charged to the separate budgets so whether the town could afford a $50,000.00 deductible would need to be determined. Cheryl Ingalls from Ingalls & Associates advised that in the course of the renewal process this year they did explore higher deductibles for the town but the savings would have been eaten up with two significant losses. She stated over the course of the past few years they typically had anywhere from three to seven claims per year so $50,000.00 per loss would be a significant impact on their budget.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 10. 10:00 For Possible Action Sitting as the Governing Body for the Town of — — Pahrump Public hearing, discussion and deliberation regarding Pahrump Town Bill No. 2015-01: a Bill proposing to amend Town of Pahrump Code by adding Chapter 17 to define the process and requirements for designated fireworks safety sites within the Town of Pahrump, the requirements for the management of such safety sites, the requirements for safety site agreements, the designation of any fees and their use, and other matters related thereto.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Carbo ne.

Commissioner Wichman

opened the public heating. Dave Caudle said he could not find anywhere where the bill talked about penalties if an individual bought fireworks and did not adhere to the time constraints. He wondered if the Sheriff’s Office would be tasked with enforcing this and if they would be provided additional funding if they were. June 16, 2015 10. 1 0:00 For Possible Action Sifting as the Governing Body for the Town of — — Pahrump Public hearing, discussion and deliberation regarding Pahrump Town Bill No. 2015-01-Cont’d.

Sheriff Wehrly

said at the present time the Sheriffs Office not only served the County but also the independent towns therefore the Sheriff would be the entity that upheld all the laws unless in the legislation someone else was identified such as Code Enforcement.

Mr. Caudle

asked Sheriff Wehrly if she would pull search warrants and check people to be sure they shot all fireworks purchased and they were within their time constraints.

Sheriff Wehrly

said she did not have enough people to do that, but there was a way around it. There was a place for people to go and shoot off fireworks and as long as people went to a spot where a deputy or security person was in place they would see how many fireworks were left. She said that could also be expanded a little bit by having the fireworks establishments provide her office with a list of all the fireworks they sold and to who because they had to keep those records anyway.

Commissioner Schinhofen

understood Mr. Caudle was against this idea, but pointed out the Code did have a provision for towns to set up shooter sites. The Code also said it was illegal to shoot off aerials except in approved shooter sites, which was what the town was selling up now.

Sheriff Wehrly

added they did give tickets to people who shot off fireworks illegally.

Mr. Caudle

asked if the two people from the town who would be at the fireworks shooting site would check to see if people were actually bringing all of their stuff in. Pam Webster explained when they came and presented their pass it would have their receipt attached to it. It would be reviewed to ensure that it was purchased from one of the local vendors and it would be reviewed when they left and discarded their disposable.

Commissioner Ccx

explained they took away the provision that they had to remove all of their fireworks from the County within 24 hours. If they wanted to shoot half now and come back in three weeks to shoot the rest they could do that and should not have to throw away product they purchased. Dwight Lilly felt the Commissioners were creating a town ordinance having to do with dangerous fireworks with no ability to enforce it. The Sheriff historically had not enforced town ordinances and did not have the resources. She was a County position funded by the County and not the town.

Sheriff Wehrly

explained that in the past the Sheriff had the right and the duty to enforce all of the town ordinances. The difference was when the citation was written it was June 16, 2015 10. 1 0:00 For Possible Action Sifting as the Governing Body for the Town of — — Pahrump Public hearing! discussion and deliberation regarding Pahrump Town Bill No. 2015-01-Cont’d. written for the town ordinance and then the County ordinance, and the State ordinances could be added, but they had the right to enforce any law that was passed legally.

Mr. Lilly

asked if the Town of Pahrump would then fund any additional resources the Sheriff needed to enforce the ordinance.

Commissioner Wichman

stated that was not on the agenda. They were only talking about putting the ordinance in place.

Mr. Lilly

asked if permits would be issued without having that answered.

Commissioner Carbone

noted there was nothing for any kind of a penalty in the ordinance. He also asked about the issues with wind in the area as there was nothing in the ordinance about that either.

Mrs. Webster

said if they did not follow the rules they would be removed.

Commissioner Schinhofen

added the County Code had a penalty. As far as the wind issue, he said that would be included in the operating agreement and they were deferring to the fire chief on that.

Commissioner Schinhofen

said the applicant had gone through all the process and all the paperwork was in order.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. June 16, 2015 TIMED ITEMS-Cont’d. 11. 11:00 - For possible action — a. MP-2015-00000j: Public hearing, discussion, and deliberation on a request for a Minor Master Plan Amendment to change approximately 2.0 acres from the Rural Density Residential (RDR) master plan designation to the Community Development Area (CDA) master plan designation, situated at the southeast corner of the intersection of Mesquite Avenue and Pinto Lane, located at 1295 W. Mesquite Avenue, further described as Lot 1, Block 5, Pechstein Ranch II. Ronald & Corrine Phillips and Jeffrey & Sue Phillips Et Al Property Owners!Applicant. AP# 035-082-1 5. b. ZC-2015-000005: Public hearing, discussion, and deliberation on a request for a Zone Change to change approximately 2.0 acres from the Rural Estates (RE-2) Zoning District to the Mixed Use (MU) Zoning District, situated at the southeast corner of the intersection of Mesquite Avenue and Pinto Lane, located at 1295 W. Mesquite Avenue, further described as Lot 1, Block 5, Pechstein Ranch II. Ronald & Corrine Phillips and Jeffrey & Sue Phillips Et Al Property Owners/Applicant. AP# 035-082-1 5. Darrell Lacy explained this was property on Mesquite Avenue. The zoning change was a speculative issue to increase the value of the property, but they did not have any current plans to improve the property that they submitted to the RPC or the Planning Department. The RPC voted to recommend denial of this master plan amendment and zoning change.

Commissioner Carbone

made a motion based on the recommendation of the RPC to deny MP-2015-000001 and ZC-2015-000005; seconded by Commissioner Schinhofen.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Wichman

opened and closed the public hearing. June 16, 2015 12. 11:00 For possible action —ZC-2015-000006: Public hearing, discussion, and deliberation on a request for a Conforming Zone Change to change approximately 80.0 acres from the Village Residential (VR-20) Zoning District to the Village Residential (yR-b) Zoning District, for all lots within the Artesia at Hafen Ranch Phase 5 Subdivision, for property Master Planned as Special Plan of Development (SPD) located within the Pahrump Regional Planning District, a portion of Section 17, Township 21 South, Range 54 East. Multiple Property Owners. Pahrump Regional Planning Commission (PRPC) Applicant.-Cont’d.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

asked if the total number of houses would still be 176. Darrell Lacy said there was an approved subdivision plan with homes built in this area. This was just a clean-up measure to make it consistent with the rest of the neighborhood as well as the subdivision map that had already been approved.

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 14. For Possible Action General road report by Public Works Director

Commissioner Cox

said she had received a complaint about weeds on Homestead from Highway 160 to Gamebird. Dave Fanning, Public Works Director, stated that was scheduled to be taken care of.

Commissioner Carbone

asked how they were holding to those schedules.

Mr. Fanning

said they were doing pretty good as long as they did not have any surprise flooding like they had up north that might take them off schedule. June 16, 2015 14. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Carbone

asked Mr. Fanning to make the schedule available to the Commissioners. Commi.ssioner Cox said she received another complaint from people on Greco asking if they could get some pavement in the area of Smart where it hit Greco up toward Powerline. She asked if Smart was a dedicated road.

Mr. Fanning

advised it was not. Only Greco had been dedicated and accepted so it was all trespass in order to get there.

Commissioner Cox

said they just wanted it in the area of the housing. She then mentioned the asphalt on Loop Road in front of Ace was bad and asked if anything could be done to improve the big gravel area between the two lanes.

Mr. Fanning

said that depended on which section she was talking about. Between Carlton and Loop Road was an ongoing subject matter with the developer and had been showing up on a set of plans. They pay to improve it and then their projects fall through due to funding. As projects come and go so did the island improvement. Mr. Fanning said if they ever locked into a full development they would do that island or turn it all into asphalt. He would rather put asphalt on roads than fill a center island but he would do what the Board wanted him to do.

Commissioner Carbone

asked if it should be looked at from the RTC. Mr. Fanning said it could be, but the development would pay for it when they came in.

Commissioner Schinhofen

noted the Public Works Web site worked well so comments about potholes or weeds could be made there. He said he appreciated the clean up on Homestead from Gamebird to Manse. He also understood Hacienda was moving forward and Mr. Fanning got the plans.

Mr. Fanning

said he did receive the plans from UICN and was going through the process with those.

Commissioner Schinhofen

said he would like to move something forward and put a time limit on them.

Mr. Fanning

explained their plan expanded based on something they learned during their scoping of the project.

Commissioner Schinhofen

stated that Calvada should be paved by tomorrow and within a couple of weeks they would get the sidewalks done. Angela Bello said she was curious about Honeysuckle. June 16, 2015 14. For Possible Action - General road report by Public Works Director-Cont’d. Tim Carlo from Public Works said they had known about that for a long time. Now that their budget was approved and cold mix was coming this year it was scheduled to be skin patched, but he could not give a specific timeframe. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. PAHRUMP 15. For Possible Action Discussion and deliberation to appoint an alternate member to the Pahrump Veterans Memorial Advisory Committee.

Commissioner Carbone

made a motion to appoint Cathryn Girard; seconded by

Commissioner Schinhofen

; 4 yeas. 16. For Possible Action Discussion and deliberation to approve the Pahrump Ambulance Fund bad debt expense write offs for the period of January 2015 thru April 2015. subiect to further collection efforts and accounting adjustments.

Commissioner Carbone

made a motion to approve the bad debt; seconded by

Commissioner Carbone

said Pam Webster had put together a meeting to look at different options to reduce this debt. Also discussed was whether to go to a private organization or to stay with what was in place today and that comparison would come back.

Commissioner Carbone

made a motion to accept the area that has been shown on the map in front of the donation wall; seconded by Commissioner Schinhofen.

Commissioner Carbone

asked ii any additional hours would have to be put in with staff to do any of this work or if people would donate their time. June 16, 2015 17. For Possible Action Discussion and deliberation regarding a recommendation to the BOCC, from the Pahrump Veterans Memorial Advisory Committee, to reserve an area of the Pahrump Veterans Memorial in front of the Donation Wall for a period of 24 months to allow the non-profit Kids4Vets organization to gather donations to donate 8”x4”x2” engraved red bricks that can be installed in the reserved area.-Cont’d. Pam Webster was sure staff would want to be part of it to make sure it was done properly and it would be part of their normal duties at the cemetery.

Commissioner Cox

asked that item 23 be pulled for discussion.

Commissioner Schinhofen

made a motion to approve items 18-22; seconded by

Commissioner Carbone

; 4 yeas. 18. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 18-22; seconded by

Commissioner Carbone

; 4 yeas. 19. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 18-22; seconded by

Commissioner Carbone

; 4 yeas. 20. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday. September 15, 2015 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 18-22; seconded by

Commissioner Carbone

; 4 yeas. June 16, 2015 21. For Possible Action Approval to apply for a CSBG Discretionary grant. Through this grant Nye County will enter into a Sub-recipient agreement with NyE Communities Coalition who will provide an employee to work in the Health and Human Services Office to provide case management for clients enrolled in the CSBG Adult Employment Incentive Program. This grant will be administered through Fund 10340 Grants and there is no County match required.

Commissioner Schinhofen

made a motion to approve items 18-22; seconded by

Commissioner Carbone

; 4 yeas. 22. For Possible Action Approval to accept the FY 2016 State of Nevada Emergency Response Commission’s (SERC) Planning, Training, Equipment and Operations grant. This grant will be administered through Fund 10340 Grants and there is no County match required.

Commissioner Schinhofen

made a motion to approve items 18-22; seconded by

Commissioner Carbone

; 4 yeas. 23. For Possible Action Approval to Accept the 201512016 State of Nevada. Office of Traffic Safety Joining Forces Grant to participate in statewide1 multi iurisdictional traffic enforcement events that are focused on reducing fatalities and serious iniury crashes in Nevada. This grant shall be administered from Fund 10340 Grants and there is a $41260 in-kind match required.

Commissioner Cox

expressed her concerns with the issue in this grant. She had received all kinds of complaints about people being stopped and wondered how much this was impeding on their rights as citizens to be searched and have seizures done without warrants. She thought it may be a liability to the County for the Commissioners to approve these kinds of things and did not support this kind of behavior on behalf of any law enforcement.

Commissioner Carbone

asked if there were special stop areas to pull people over just to pull them over or if this was done randomly.

Sheriff Wehrly

explained that last time they had a lot of baby seats they needed to get rid of. They were not getting the clientele they would normally get in the parking lot, so they put it on Highway 160 and pulled people off the road onto a parking area. She said they just checked everyone as they went on through. If they had a child in the car the car was checked to be sure the child fit the seat and the seat was put together correctly, and if they needed a new seat one was given. There were no citations given.

Commissioner Schinhofen

made a motion to accept the grant; seconded by

Commissioner Cox

was not satisfied with the explanation from the Sheriff. She said many people complained about being pulled over even though they did not have June 16, 2015 23. For Possible Action Approval to Accept the 201 5/2016 State of Nevada, Office of Traffic Safety Joining Forces Grant to participate in statewide, multi iurisdictional traffic enforcement events that are focused on reducing fatalities and serious injury crashes in Nevada. This grant shall be administered from Fund 10340 Grants and there is a $4,260 in-kind match reguired.-Cont’d. children. She was concerned with the constitutional and liability issues and did not support these grants.

Sheriff Wehrly

commented she had been to automobile accidents as an EMT and pulled babies and children out of cats and picked up children that were dead only because they were either in the wrong carrier or were not fastened in at all so she would do anything she could to fix that problem. She said her plan this time was to maybe do this on the church grounds the same way they were doing it in the parking lot.

Commissioner Carbone

said he would like to see it go back to a parking lot or church grounds and asked Commissioner Schinhofen to amend his motion to change the location. Paula Cooper, the Sheriffs Office Grants Administrator, advised they could not hold it in the parking lot because they did not have car seat technicians within the Sheriff’s Office. That was why they partnered with Nye Communities Coalition to do it this way.

Commissioner Schinhofen

amended his motion to accept the grant precluding highway stops and that it was to be done through partnerships with churches and Nye Coalition;

Commissioner Carbone

amended his second. J.D. Webb stated he was involved in one of the stops along Highway 160. They looked in, said they had their seat belts on, and they were told to move on. He said there was no problem with it and it was just like stopping at a stop sign.

Commissioner Cox

voted no. BOARD OF COMMISSIONERS 27. For Possible Action Discussion and deliberation regarding nominations to the Rural Nevada Development Corporation’s (RNDC) Board of Directors.

Commissioner Carbone

made a motion to nominate Joni Eastley and Trish Ripple; seconded by Commissioner Cox; 4 yeas. June 16, 2015 28. For Possible Action Discussion and deliberation concerning a request to amend Nye County Code Chapter 22.02.10, Formation of Town, amending the Town boundaries described therein to include the boundaries of the Tonopah Library District pursuant to NRS 269.623. This item was removed from the agenda. 29. For Possible Action Discussion and deliberation to approve submitting a letter to Governor Sandoval regarding Nye County’s position supporting the completion of the “Yucca Study”.

Commissioner Schinhofen

explained he had sent a recent letter that was apparently routed to Bob Halstead who wrote back a small paragraph. Commissioner Schinhofen said they were asking if the Board would sign this letter so he had a little more authority with it and maybe he could take a trip up and hand it to him.

Commissioner Wichman

asked if the letter requested him to put his support behind the federal legislation that was going through.

Commissioner Schinhofen

said no because they were still working on legislation. The letter basically pointed out they were still working on the science.

Commissioner Schinhofen

made a motion to ask the Board to sign a letter to get it in the Governor’s hands; seconded by Commissioner Carbone; 4 yeas. CLERK 30. For Possible Action Discussion and deliberation to appoint two (2) members to the Pahrump Regional Planning Commission due to two (2) expiring terms.

Commissioner Carbone

said this item was going to be continued to the next Pahrump meeting to collect some more applications. The chair of the RPC and Mr. Lacy agreed with that. Commissioner Carbone asked the Clerk’s Office to re-advertise for it.

Commissioner Carbone

made a motion to nominate Loma Dollarhide; seconded by

Commissioner Schinhofen

; 4 yeas. June 16, 2015 32. For Possible Action Discussion and deliberation to appoint one (1) member to the Round Mountain Town Board due to one (1) resignation.

Commissioner Carbone

made a motion to appoint James Swigart; seconded by

Commissioner Schinhofen

; 4 yeas. 33. For Possible Action Discussion and deliberation to appoint two (2) members to the Capital Improvements Advisory Committee due to one (1) resignation and one (1) vacancy.

Commissioner Carbone

made a motion to appoint William Coats and Albert Kaplan; seconded by Commissioner Schinhofen; 4 yeas. 34. For Possible Action Discussion and deliberation to appoint two (2) members to the Nye County Wildlife Management Board due to two (2) expiring terms.

Commissioner Carbone

noted there was only one candidate so only one position could be filled and asked if they wanted to explore more.

Commissioner Schinhofen

pointed out one appointment could be made now.

Commissioner Carbone

made a motion to appoint Steven Bayne; seconded by

Commissioner Schinhofen

; 4 yeas.

Commissioner Wichman

asked what the next step would be to get additional applicants. Sam Merlino advised that normally her office would just advertise again.

Commissioner Carbone

directed staff to do that and bring it back to the next Pahrump meeting.

Mrs. Merlino

added that a lot of times the boards would try and recruit someone. If they did not have anyone in mind she said her office would advertise again. JUVENILE PROBATION 40. For Possible Action Discussion and deliberation to consider entering into an agreement with Nye Communities Coalition for the purpose of a Student Coordinator, a position developed under the federal Safe Schools I Healthy Students grant program, to provide case management and student assessment responsibilities in the northern Nye County schools. Pam Webster advised there was no agreement at this point and this was just to make sure the Board wanted staff to go forward.

Commissioner Schinhofen

directed staff to prepare an agreement. June 16, 2015 40. For Possible Action Discussion and deliberation to consider entering into an agreement with Nye Communities Coalition for the purpose of a Student Coordinator, a position developed under the federal Safe Schools I Healthy Students grant program, to provide case management and student assessment responsibilities in the northern Nye County schools.-Cont’d. Pam Webster explained this was a new position. It had been previously discussed as more of a juvenile probation related position, but this one would be more of a counselor and student coordinator type activity then an actual POST-certified JPO. It would all be picked up by the Coalition with no obligation on the part of the County to continue the position if the funding was not available. Angela Bello asked if the County would provide HR services for the employee.

Mrs. Webster

said as with any grant they would be hired on a grant basis. They would not be represented, but there were benefits typically, and they would be terminated if the grant funding went away. COUNTY MANAGER 42. For Possible Action Discussion and deliberation concerning a request to adopt, amend and adopt, or reject Nye County Resolution No. 2015-19: a Resolution authorizing the designation of Pahrump Fairgrounds, 3100 S. Hwy 160, Pahrump, NV 89048, as a fireworks safety site within the Town of Pahrump and approving related procedures.

Commissioner Schinhofen

made a motion to approve with the amendment that the fire chief would ultimately decide if the conditions were safe. Pam Webster pointed out that was stated in the resolution and included wind.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

asked if the clean-up of the area would include cleaning up debris that might cause issues with the dirt such as chemicals contained in the fireworks. Justin (Casey) Steinhart advised they were in the process of putting together a very large list of compositions that went into the different products, but the site would be cleaned up like any other site with dumpsters provided for disposal of debris in a safe manner. He pointed out that every one of these products was consumer friendly and meant to be used in back yards and would be used at a site that was enclosed and monitored. June 16, 2015 42. For Possible Action Discussion and deliberation concerning a request to adopt, amend and adopt, or reject Nye County Resolution No. 2015-19: a Resolution authorizing the designation of Pahrump Fairgrounds, 3100 S. Hwy 160, Pahrump, NV 89048, as a fireworks safety site within the Town of Pahrump and approving related procedures.-Cont’d.

Commissioner Wichman

suggested Mr. Steinhart get copies of the material safety data sheets (MSDSs) which he could provide to the Commissioners.

Commissioner Carbone

noted MSDSs did not show all the data. Douglas Burda said one of the issues with the MSDS was that their requirements by the feds was to have a blanket MSDS that coveted all product in the store. The bill of lading a lot of times did have a chemical specification, but they were not required to have a listing of everything being transported. He advised the Nye County Fireworks Association was compiling a database. Mr. Burda then explained the differences between the chemicals in display and consumer fireworks. Dave Caudle disagreed with Mr. Burda and stated these fireworks were not approved by the federal government. The shipment was by DOT, but as far as the composition of the fireworks they were not. The fireworks were tested by the manufacturer in accordance with the fireworks association which was a group of voluntary people from the fireworks industry and a few people from the colleges and places like that.

Mr. Steinhart

said that was not true. The Consumer Products Safety Commission came into their stores every year and tested the products for composition, which was not part of the association and not part of the EPA.

Mr. Caudle

showed a document he got off the Internet directly from the Phantom Fireworks which talked about how many of the chemicals used in the manufacture of fireworks were non-toxic while many more have some degree of toxicity and can cause skin sensitivity or exist in dust form and are thereby inhalation hazards. Still others were poisonous if directly ingested or inhaled. Anytime smoke went across any place people were in and they breathed it they could pick up all kinds of chemicals. If the County wanted to have a shooter site Mr. Caudle thought it should be at the lake bed, not at the fairgrounds, so as not to affect the residents. He then had questions about the number of employees the Nye County Fireworks Association would have on site as well as how many fire trucks would be present.

Commissioner Schinhofen

said the number of employees would depend on how busy it was, but there would be four minimum. There would be one fire truck to start and there would be fire extinguishers on every site.

Commissioner Cox

wondered if the County would be put in a liable spot for an EPA violation because of the smoke. June 16, 2015 42. For Possible Action Discussion and deliberation concerning a request to adopt, amend and adopt, or relect Nye County Resolution No. 2015-19: a Resolution authorizing the designation of Pahrump Fairgrounds, 3100 S. Hwy 160, Pahrump, NV 89048, as a fireworks safety site within the Town of Pahrump and approving related procedures.-Cont’d.

Commissioner Schinhofen

said there was nothing to indicate that. Angela Bello believed the people who came in would sign a waiver of liability. She also advised conditioning the approval of the management agreement on proper signatures. There was an Exhibit A attached, and she had an Exhibit A that was not the same as the one on-line, but it should have the signature and who they were, i.e., Blackjack Fireworks and an authorized person from Blackjack Fireworks.

Commissioner Schinhofen

amended his motion to approve with the amendment that the fire chief would ultimately decide if the conditions were safe to include all signatures done in the proper format; Commissioner Carbone amended his second; 4 yeas. PLANNING/BUILDING

Commissioner Schinhofen

made a motion to authorize the Nye County Manager to file a petition; seconded by Commissioner Carbone.

Commissioner Carbone

questioned putting the County Manager in instead of the Director of Planning. Darrell Lacy explained he put the County Manager in because typically she executed these types of situations to move forward.

Commissioner Schinhofen

amended his motion to be the County Manager or her designee; Commissioner Carbone amended his second.

Commissioner Carbone

asked how the County got here to begin with and noted some of them were very old.

Commissioner Wichman

explained when the Southern Nevada Water Authority (SNWA) came into the County and started filing water applications all over the rural areas the County had Tom Buqo on contract. He went in to file everywhere that he could find water to file on to get his applications in prior to SNWA. June 16, 2015 45. For Possible Action Discussion and deliberation to authorize Nye County Manager to file a petition for judicial review to appeal the State Engineer’s denial of water right applications on federal land in hydrographic basins 225, 226, 227A, 227B, 228, and 229, Nye County, Nevada.-Cont’d. Darrell Lacy added they were filed in Tom Buqo’s name and turned over to the Board of County Commissioners. Some had been sifting for ten years or more. He said these were the last two largest ones on the Test Site and petitions for judicial review were filed on the other ones.

Commissioner Carbone

asked about the purpose. Mr. Lacy said it was for economic development in Nye County primarily and to prevent the export of the water from the County. Angela Bello understood there was outside counsel dealing with this and asked if he would file the petition or if the County Manager would.

Mr. Lacy

said George Benesch would file it and she would approve the filing of it.

Commissioner Schinhofen

amended his motion to approve filing of the petition by George Benesch as approved by the County Manager or her designee; Commissioner Carbone amended his second. John Bosta noted each of these permits was specifically denied for a reason and it seemed like the Commissioners were reluctant to say why those were denied.

Commissioner Wichman

said the reason they were denied was in the back-up.

Mr. Bosta

understood the County was appealing this because of economic development and asked if that was because the inter-basin transfers of water were denied.

Commissioner Wichman

explained with water rights anywhere close to Ash Meadows they protested the filing because the County might take something from Ash Meadows. The other one was denied because it was in a preserved boundary and they denied the County access.

Mr. Bosta

believed a more specific reason was needed to appeal instead of economic development.

Commissioner Schinhofen

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

Commissioner Schinhofen

made a motion to accept the property being asked to be deeded to the County, parcel 042-222-15.

Commissioner Carbone

questioned why the County would want to pull the property off of the tax rolls.

Commissioner Schinhofen

stated the person wanted to give it up and he could give it to the County and the County could sell it. Lorina Dellinger pointed out there were several parcels sifting there and it would cost money to do it. Sheree Stringer, Nye County Assessor, explained there was only one deed ever recorded on this from 1983. It was a husband and wife joint tenant with right of survivorship. She understood where the son was coming from, but having nothing showing whether the wife was alive or deceased, and no affidavit terminating joint tenancy, Mrs. Stringer said her office would not be able to transfer ownership to the County Commissioners.

Commissioner Schinhofen

was not present. June 16, 2015 48. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 2712 E. Cook Road, Amargosa Valley (APN 021-441-11) as determined by the Board of County Commissioners on March 3, 2015 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2015-08, adopted on March 3, 2015.-Cont’d. Stephen Settlemeyer was not present. Angela Bello stated the Commissioners ordered the abatement, and continued it, so they would direct staff and then have a lien on the property.

Commissioner Wichman

noted the County would only get that lien if the property sold or if they mortgaged it for some reason.

Commissioner Carbone

added they had also not received the data requested. Additionally, he had noticed other things coming on the property and thought the Commissioners should move forward with the abatement.

Commissioner Wichman

asked if the abatement should be contracted out.

Ms. Bello

advised they could give staff the authority to enter into a contract

Commissioner Carbone

asked why they could not order the person who was doing what they were doing on the property to abate it.

Ms. Bello

said the Commissioners could send him notice that the original order stood and would be enforced, If not then the County would abate it and put a lien on the property.

Commissioner Carbone

made a motion to continue on with the abatement of the property. Mike Cottingim said the situation was getting worse. There were dump trucks from Las Vegas going on site that had verbiage on the sides stating they would take your food waste to go and there was 7,500 cubic yards of waste on the site now,

Commissioner Wichman

did not know how the County would abate this and wondered if there was a way to notify the company that was bringing material in to cease and desist.

Ms. Bello

said she would have to research that as she was not used to a third party being involved in a nuisance.

Commissioner Wichman

asked if a company was contracted with and hauled the junk to the landfill if all of those costs could be added to the abatement. Ms. Bello said yes. June 16, 2015 48. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 2712 E. Cook Road, Amargosa Valley (APN 021-441-11) as determined by the Board of County Commissioners on March 3, 2015 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2015-08, adopted on March 3, 2015.-Cont’d.

Commissioner Wichman

asked the Sheriff if it was within the law to notify the company who was delivering stuff to cease and desist because of the complaint.

Sheriff Wehrly

said as long as they got that order from the judge.

Ms. Bello

pointed out the Board did not make a nuisance out of the business itself. It was a particular pile so the ongoing business had not been declared a nuisance at all. She recommended the Board identify the nuisance as the business itself.

Commissioner Wichman

requested Ms. Bello work with the County Manager to get this straightened out and put it back on the agenda to finalize it. She asked if the Commissioners could instruct staff to move forward with the abatement process without naming Mr. Settlemeyer’s activities all encompassing as the nuisance.

Ms. Bello

said yes because they found that the pile out there was a nuisance and ordered abatement of that, so the County could go on the property and remove it.

Mr. Cottingim

added there were five piles now, prompting the Commissioners to discuss how to determine what the original pile was.

Commissioner Carbone

clarified that the actual nuisance was the composting and that was what the Commissioners wanted to stop.

Commissioner Schinhofen

made a motion to approve the amendment; seconded by

Commissioner Cox

; 4 yeas. COUNTY MANAGER-Cont’d. 41. ongoing Project Report The report was in the back-up. FINANCE 43. Financial Reports The reports were in the back-up. June 16, 2015 The Board was in recess until 2:00 p.m. BOARD OF COMMISSIONERS-Cont’d. 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.

Commissioner Cox

was not present.

Commissioner Schinhofen

made a motion to adjourn for closed session for labor; seconded by Commissioner Carbone; 3 yeas. 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. The Board was in a closed meeting. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Wichman

adjourned the meeting. APPROVED this ATTEST: Of ,2015. rk