August 4, 2015

Commissioner Schinhofen

made a motion to adjourn for closed session; seconded by

Commissioner Carbone

; 5 yeas.

Commissioner Wichman

reminded the public that items taken from the general public comment period that were not on the agenda would not be discussed during this meeting and would not be discussed until they were included on an agenda in the future. 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 regular meeting on July 7, 2015, and teleconference on July 13, 2015.

Commissioner Cox

said on page 3 of the July 7, 2015, minutes, under Announcements the name should be Matt Luis instead of Matt Lewis.

Commissioner Borasky

said on page 4 of the July 7, 2015, minutes, second line from the bottom, “by a freshman Commissioner” should be “as a freshman Commissioner” as he was referring to himself.

Commissioner Carbone

made a motion to approve with the corrections; seconded by

Commissioner Schinhofen

; 5 yeas. 5. Announcements (first) Sam Merlino advised she attended an election equipment demonstration and it was going to be costly. She said it was recommended to reach out to the representatives to get funding from the State for new election equipment. It would be covered through 2016, but there was a need to push for the representatives to fund some of this equipment for each county because all counties were in the same predicament money wise and getting money from the State would help. Tom Waters stated August 7 every year was celebrated as Purple Heart Day and gave statistics on the Purple Hearts issued over time. August 4, 2015 6. For Possible Action Emergency Items This item was removed from the agenda. 7. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)

Commissioner Schinhofen

expressed his concern with policies in other counties and charging Nye County’s businesses to sell in their precincts when Nye County did not charge them to sell to its dispensaries. He would like the Board to look into getting an Attorney General’s opinion on those practices; otherwise he would bring forward an ordinance that any soda or alcohol sold in Nye County had to be bottled in Nye County. Secondly, to the lady who asked him to return her husband’s calls, Commissioner Schinhofen stated he did not get the calls. He asked her to leave her number with Liz in Pahrump. The statement he read at that time was in the back-up and was a letter from USDA which cited federal violations.

Commissioner Schinhofen

stated his response to Mr. Waters’ letter would be in the paper this week. He noted the reason he traveled to Tonopah was because that was where the meeting was being held by NRS. When the Commissioners went to Tonopah they met with staff and constituents and checked out other issues as they were County Commissioners who also sat as the governing board of Pah rump.

Commissioner Carbone

asked staff to work on the IT hook-ups for the Sheriff for the medical marijuana facilities. Pam Webster said she spoke with the IT Director yesterday on that topic and it was being worked on. TIMED ITEMS 8. 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 100 Floyd Street at Sin Lane, Pahrump, Nevada, and adopt, amend and adopt or reject Resolution No. 2015-21 a Resolution Finding Existence of Nuisance Conditions, or Resolution No. 201 5-22, a Resolution Finding Nuisance Conditions Do Not Exist. Angela Bello advised Mr. Vessella had every right to file the complaint and the County Clerk was mandated by law to put it in front of the Board, but a problem arose under these circumstances because the property at issue was actually owned by the County. To have this Board sit as a quasi-judicial body as it had to under the circumstances in a public hearing and conclude that public hearing with findings and legal conclusions as to whether the County was in violation of the law created an inherent conflict of interest as the County could not sit in judgment of itself. The law did not require that and because August 4, 2015 8. 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 100 Floyd Street at Sin Lane, Pahrump, Nevada, and adopt, amend and adopt or reject Resolution No. 201 5-21, a Resolution Finding Existence of Nuisance Conditions, or Resolution No. 2015-22, a Resolution Finding Nuisance Conditions Do Not Exist.-Cont’d. any findings and conclusions could have legal consequences Ms. Bello recommended not conducting it as a public hearing with findings and conclusions. Eric Vessella stated it had been difficult for him to obtain the information needed in order for him to present the case correctly as Sheree Stringer, Levi Kryder and Sam Merlino would not respond to his letters or return his calls. One parcel number correlated directly to one address, but this parcel number had three addresses. Since it had been so difficult for him to obtain the proof needed to establish the facts set forth in the complaint, Mr. Vessella asked the Commissioners to adjoin the hearing for 14 days to allow additional time to investigate and allow officials more time to respond to his letters.

Commissioner Wichman

stated staff had already indicated to her that there had been some clean-up out there and she had seen photographs.

Commissioner Wichman

opened and closed the public heating.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. August 4, 2015 10. 11:00 For Possible Action Special Use Permit Application No. SU-201 5- 000003: Public Hearing! discussion, deliberation and possible action on a request for a Special Use Permit to allow a medical marijuana establishment (cultivation) in a General Commercial (GC) zoning district! on 1.1 acres located at 151 S. Humahuaca Street, Pahrump, Assessor Parcel #38-222-03. 151 Group , LLCIMichael Lach Property Owner. Green Thumb IndustrieslNader Sherif —. Applicant.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Wichman

noted the subject that came up last time with this item was there was a church on the property. She received a phone call from the property owner who wanted to know if there was a way to put a condition of approval on the SUP as he did not want to disrupt the church activities until he knew if he had a State license.

Commissioner Schinhofen

said the ordinance was to keep medical marijuana establishments away from church buildings, but since the property owner was allowing the church for free Commissioner Schinhofen would hate to have him move them out a year before they would be approved. Commissioner Schinhofen thought they could put on that condition of approval. Darrell Lacy, Planning Director, read a letter into the record from Mr. Lach, the proper ty owner, in which Mr. Lach discussed the church issue and said it was a month-to-mo nth lease because of their inability to afford the rent. Mr. Lach made the commitment if he got the SUP and the license with the State to find a place for them on another one of his properties. He also agreed that if he moved forward with this that he would have a condition of approval that he could not operate if there was a church within 300 feet.

Commissioner Schinhofen

made a motion to approve SUP-2015-000003 with the added condition that before he came back to apply for a C of 0 or a license the church must have found a new location; seconded by Commissioner Carbone.

Commissioner Borasky

said he had assurances from the property owner that he would relocate them to another property that he owned if this was approved by the State or the County.

Commissioner Wichman

opened the public hearing. Hubert Carl Newberry said he had two properties next to this former bowling alley and he was totally against putting eight acres under cover to grow medical marijuana. He did not believe medical marijuana cultivation in the Town of Tonopah was worth having. There was property 28 miles out of town that had large farming facilities on it and he knew of some property for sale. Mr. Newberry was concerned with the considerable amount of automobiles and trailers on his property which would be at risk and recommended the Board disapprove the permit to grow medical marijuana. Darrell Lacy read two letters from neighboring property owners, Charlie Cecchini and Terry Cecchini, expressing their opposition to the SUPs.

Commissioner Wichman

closed the public hearing.

Commissioner Schinhofen

understood the concerns expressed, but said nothing had materially changed from when the Board approved this last time.

Commissioner Schinhofen

made a motion to approve items a. and b., SUP-201 5- 000004 and SUP-201 5-000005; seconded by Commissioner Cox.

Commissioner Carbone

pointed out a note in the documentation that talked about a 300,000 square foot solar and growing facility and wondered if the property was large enough for that.

Commissioner Schinhofen

did not know what Commissioner Carbone was referring to and pointed out it would be at least a year before the State approved anymore.

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 12. For Possible Action - General road report by Public Works Director Dave Fanning, Public Works Director, advised the MSHA training in Tonopah was completed last week so next week they would manufacture and get the gravel out to Sunnyside. They also still had flood repairs in the northern end and he asked the public to reach out to Public Works if there were areas that had gone unnoticed.

Commissioner Wichman

asked for an update on Manhattan. Mr. Fanning said he reached out to the engineer because he had not heard anything from Brian and the NFLAP committee. NFLAP and the engineer were looking at how to outflow some of the waters, but it was still projected to be a 2016 project.

Commissioner Wichman

asked if everything was moving smoothly with the SF299. Mr. Fanning said yes, and they were now waiting for NFLAP to come back with their proposal. BLM had still not received the environmental side that they requested from NFLAP, which was holding up the BLM side, but the SF299 had gone through.

Commissioner Cox

thanked Mr. Fanning for removing the trees so quickly on Capricorn, but the neighbors were concerned as there were a lot more dead trees that may fall if the wind blew hard enough. She asked if there was anything the County could do to notify the property owner that one tree had already come down and perhaps someone should get out there and take care of the others. She also wondered if the County could back-charge them if the trees continued falling into the street.

Mr. Fanning

advised Public Works reached out to them the same day they heard about it. The property was foreclosed so it was a bank issue right now, but they took care of the imminent danger. The trees that were about to fall were not the County’s concern at this time until he heard back from someone who had ownership of the lot. Mr. Fanning hoped to have more information for Commissioner Cox at the next Board meeting.

Commissioner Carbone

commented that someday the Eye would be finished with striping and reflectors. Mr. Fanning advised that as soon as they got the final walkthrough from the contractor they would do that. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

assumed the Chair of the Board of County Commissioners. August 4, 2015 PUBLIC WORKS

Commissioner Schinhofen

advised this was presented to the RTC which voted 3-0 to hand it up to the Board.

Commissioner Wichman

stated she received several phone calls and this was the first time she could remember that they were all in support of this. Dave Fanning said he had also received several calls in support of it.

Mr. Fanning

gave his Power Point presentation, which was also in the back-up. The County road system was built over generations and the roads were 100 years old in some places. The revenue had not increased, but the price for services had increased by 126% since 1985 when the motor fuel tax was last raised. Fewer people driving and added miles to maintain meant less gas tax revenue to do more with. He discussed the 10207 fund managed by the RTC and the trend of that fund if the Board decided to increase it. Mr. Fanning stated if funding was not found there could be reduced storm and disaster response, flooding, and less maintenance work which would lead to more expensive fixes down the road.

Mr. Fanning

said they were focusing their resources on public safety and necessary maintenance, managing their work more efficiently, and reducing costs by reducing services. Projects had also been put on hold based on available funding. He reviewed how the regional road maintenance dollars were utilized and how fuel tax dollars must be spent on roads. A $0.03 or $0.05 increase in the gas tax would help rebuild and maintain a deteriorating County road system for the next generation of users.

Commissioner Schinhofen

said he received an e-mail from Tim Sutton informing him the Board would need to change the ordinance to do this so the vote today would be to bring an ordinance forward, have a public hearing, and then do it. Commissioner Schinhofen wanted to commit today to go forward.

Commissioner Schinhofen

made a motion to direct staff to bring an ordinance back to increase it $.05 to get to the maximum amount allowed and other increases would have to be done by a vote of the people; seconded by Commissioner Borasky.

Commissioner Borasky

commented he had not had sufficient time to work his district and this would give him enough time.

Commissioner Cox

reviewed the motion made by Mr. Koenig to raise the gas tax by $0.03 which would put it up to $0.07. Depending upon what the public comments were she could maybe support $0.03, but she could not see jumping to $0.05 if it was already approved by another board. August 4, 2015 39. For Possible Action — Discussion and deliberation to raise the County’s motor vehicle fuel tax.-Cont’d.

Commissioner Schinhofen

suggested Commissioner Cox talk to John Koenig. The reason he went to $0.03 was he thought it was best, but Mr. Koenig told Commissioner Schinhofen afterwards that he hoped the Board would take it to $0.05.

Commissioner Carbone

said he agreed to $0.03 and that was where his brain was at. Dwight Lilly pointed out that Public Works received millions of dollars every year in public works funds. Mr. Lilly stated the problem was a problem that ran rampant in the County and that was that most of the money went to wages and benefits for employees. Now the County wanted to resort to taxing the people further to fund road repairs. He spoke out vehemently against any increase in taxes. He thought the problem could be fixed by explaining to the labor representatives that the roads needed to be fixed and reset the wages to allow the money to be used. John Koenig, RTC member, said he made the motion to raise it by $0.03 because it was in the middle and gave the Board of County Commissioners leeway to go higher or lower. Mr. Koenig believed it should go to $0.05. Horace Carlyle, Tonopah Town Board member, said if the County wanted to support an ordinance he would be happy to lobby for it with his town board and have a portion allocated for his town.

Commissioner Cox

was not present. Pam Webster stated this would mirror the action that would be in the collective bargaining unit for the firefighters and past town action had been to keep the office staff in line with those increases. They did not have a structure that gave a step or merit increase every year and it had been sometime since they had an adjustment. She confirmed it was included in the budget and although it was recommended to be taken August 4, 2015 13. For Possible Action Discussion and deliberation to approve the FY16 Town of Pahrump Cost of Living Increase for Non-CBA Staff.-Cont’d. back to the first payroll of FY16, Mrs. Webster would like to make it effective with the next payroll because it was difficult to go retroactively.

Commissioner Schinhofen

made a motion to approve and make it effective on the next payroll; seconded by Commissioner Borasky.

Commissioner Carbone

pointed out the Consumer Price Index was a little less than a percent as far as cost of living and asked why the Board would increase it beyond that.

Mrs. Webster

said it could be called a merit increase rather than a cost of living as they did not have a step structure. They had job classification ranges so there needed to be an adjustment to those ranges. She added they had not been kept current with any of the adjustments done so there was not an automatic step increase that would equate to a merit.

Commissioner Schinhofen

made a motion to approve items 14 and 15; seconded by

Commissioner Carbone

; 5 yeas. 15. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Schinhofen

made a motion to approve items 14 and 15; seconded by

Commissioner Carbone

; 5 yeas. August 4, 2015 BOARD OF COMMISSIONERS-Cont’d. 19. For Possible Action Discussion and deliberation regarding a contract with Akerman Senterfitt for all federal representational lobbying activities.

Commissioner Schinhofen

said Akerman Senterfiff did not just work on Yucca Mountain issues, but that issue had come really into the forefront with NEI just the other day. They said they were not backing interim storage without the completion of the science and the hearings on Yucca Mountain first which Commissioner Schinhofen felt was due in large portion to the work Akerman Senterfiff had done for the County.

Commissioner Schinhofen

said he was looking for this to be from July to October because the hearings to fund Yucca Mountain would be in September. They were supposed to have a budget by the end of September, but because of the way the federal government had done their budgeting over the last few years he wanted an extra month to work the politicians to follow the rule of law. He hoped the Board would see the value in this.

Commissioner Schinhofen

made a motion to approve this from contingency for the four months from July forward; seconded by Commissioner Borasky.

Commissioner Borasky

asked what this did to the balance in the contingency fund. Pam Webster advised right now the contingency fund was whole, but only at $100,000.00 and this would take it to $80,000.00. The existing contract put in place midpoint last year ended in June which was why Commissioner Schinhofen was asking it go retroactive to July 1.

Commissioner Wichman

noted this group had been a huge help to her on the public lands issues in gaining consensus with other delegations from other states that she did not normally have access to.

Commissioner Borasky

felt the group was well worth the money they were paid.

Commissioner Carbone

pointed out the Board was cutting into a $100,000.00 contingency in the first month of the new budget and if anything else happened there would be no contingency. There were also more items on the agenda trying to hack at it.

Commissioner Cox

asked if this would come back in four months for another $20,000.00 or if it would be finalized by that time.

Commissioner Schinhofen

said he was looking at the federal hearings happening in September for the budget. A bill had been put forward in the Energy and Commerce Committee to fund interim storage provided the licensing moved forward with Yucca Mountain. If they fund those hearings the least amount the County would get was $3 August 4, 2015 19. For Possible Action Discussion and deliberation regarding a contract with Akerman Senterfitt for all federal representational lobbying activities.-Cont’d. million and it could get up to $10 million. Commissioner Schinhofen stated that was why they were working to get this done, but he was not sure what would happen after that if this did not move forward at the federal level.

Commissioner Carbone

noted the $3 million did not go into the bank. It went into working with the scientists and things like that.

Commissioner Wichman

said some of it did.

Commissioner Cox

said some of the items like the BLM, the Forest Service, and flood control projects could go on forever and she could not see hiring someone in Washington to take care of those things. She felt Commissioner Wichman could travel cheaper and was very good.

Commissioner Wichman

said she appreciated the confidence and she did lobby on the issues quite often, but these were lobbying specialists.

Commissioner Cox

commented she just wanted to vote no on anything involving money at this point. Dwight Lilly said the contract was for lobbying services, but the Yucca Mountain project was dead at least until another administration and Mr. Lilly disagreed with spending money fighting a dead project.

Commissioner Schinhofen

explained the Energy Communities Alliance (ECA) was an organization of nuclear waste facilities, including Area 5. Being a member of ECA kept the County in contact with all the other facilities that were fighting the same battles with DOE that Nye County was fighting. He said there were four quarterly meetings and ECA paid $5,000.00 for at least two Commissioners to travel to them. Without being a member the County would not have a voice at that table and the money to attend the meetings would have to come out of the general fund. Commissioner Schinhofen said this was almost as important to him as staying a member of NACO.

Commissioner Schinhofen

made a motion to approve the $5,000.00 for the annual fee.

Commissioner Wichman

pointed out what NACO had done as far as covering her expenses, which meant they did not come out of the general fund. There would be four August 4, 2015 20. For Possible Action Discussion and deliberation to possibly renew the Energy Communities Alliance membership.-Cont’d. meetings a year here paid for by this group for Commissioner Schinhofen and one other to sit at these meetings and have a vote while they discussed the fate of Nye County. She said it cost her $2,000.00 each time she went to D.C.

Commissioner Schinhofen

said it would cost less to be a member and go to those four meetings then to not be and attend only two meetings. Pam Webster suggested this could be funded from the general fund in the Commissioners account for travel.

Commissioner Schinhofen

made a motion to fund it from the Commissioners’ account for travel and not the contingency; seconded by Commissioner Borasky.

Commissioner Cox

asked Commissioner Schinhofen if he had enough in his travel fund to pay for this. She was under the impression each Commissioner had his/her own travel budget and wanted to save hers.

Mrs. Webster

explained it was a common account shared by the Commissioners, but they did keep track of and report the individual Commissioners’ travel expenses.

Commissioner Cox

stated she had a problem with it being in one lump sum and one person being able to spend all of it. 21. For Possible Action Discussion and deliberation regarding determining a funding source for an amount not to exceed $20,000.00 to clean up the nuisance consisting of multiple hazardous structures, junk vehicles, trash, broken objects, debris, and abandoned dilapidated mobile homes, all of which pose a public health and safety threat. Assessor Parcel Number 45-242-04. Location, 3401 E. Savoy Boulevard, Pahrump. Property Owner, Dea Family Ltd. Partnership.

Commissioner Schinhofen

said this property was declared a nuisance by the County Commission. Clean-up had begun with metal being taken off the property and now there were piles of trash. He had gotten numerous calls from neighbors complaining about it being blown into their yard and he asked the Board to finish what they started with this project. Pam Webster explained it was declared a nuisance, but the County did not have the funding to clean it up. As much scrap metal as possible was removed to try to fund the abatement, but only about $2,500.00 was received. She had some rough estimates on what the cost would be, but she needed to have a funding source to go solicit quotes, August 4, 2015 21. For Possible Action Discussion and deliberation regarding determining a funding source for an amount not to exceed $20O00.00 to clean up the nuisance consisting of multiple hazardous structures, junk vehicles, trash, broken objects, debris, and abandoned dilapidated mobile homes, all of which pose a public health and safety threat. Assessor Parcel Number 45-242-04. Location, 3401 E. Savoy Boulevard, Pahrump. Property Owner, Dea Family Ltd. Partnership.-Cont’d. although she was also researching another vein. Mrs. Webster stated if the Commissioners would approve it out of the contingency she would not spend the money until she came back to the Board after getting quotes for the cost and a final funding source could be determined at that time.

Commissioner Schinhofen

added there would be tipping fees coming back and the property would be liened to recover the cost.

Commissioner Carbone

made a motion to approve the action less the funds until Mrs. Webster came back with a funding source.

Mrs. Webster

reiterated she was asking the Board to make the commitment out of contingency, but she would not spend that money without coming back to the Board.

Commissioner Carbone

amended his motion to identify the contingency fund at this time until it came back on the agenda and it was not to be spent until quotes were received; seconded by Commissioner Schinhofen.

Commissioner Ccx

asked if the $20,000.00 figure stood or if it was just open to get estimates.

Mrs. Webster

clarified for Commissioner Cox that this was just to say she had the authorization to get quotes and had the money backing her up. She would not spend it until she came back to the Board with a final number and a final decision could be made at that time. She was also looking at another funding source that she needed to confirm through review of ordinances, but she wanted to proceed in parallel with that research as this needed to be done as soon as possible.

Commissioner Wichman

pointed out Mrs. Webster could not go out and get quotes if she did not have an identified funding source.

Commissioner Cox

stated there could still be an identified source without putting a figure to it.

Mrs. Webster

stated all she was asking the Board to do was reserve money from the contingency fund authorizing her to go out and get quotes on this clean-up and she would not spend the money. August 4, 2015 21. For Possible Action Discussion and deliberation regarding determining a funding source for an amount not to exceed $20,000.00 to clean up the nuisance consisting of multiple hazardous structures, junk vehicles, trash, broken objects, debris, and abandoned dilapidated mobile homes, all of which pose a public health and safety threat. Assessor Parcel Number 45-242-04. Location, 3401 E. Savoy Boulevard, Pahrump. Property Owner, Dea Family Ltd. Partnership.-Cont’d.

Commissioner Cox

said she was leery of giving an amount as people would push their bid prices up. She asked if the Board could just identify the contingency without puffing a figure on it.

Commissioner Carbone

amended his motion to only show the funding source as contingency; Commissioner Schinhofen amended his second; 5 yeas. 22. For Possible Action Discussion and deliberation regarding Utilities Inc. of Central Nevada’s rate increase.

Commissioner Schinhofen

stated that over the last ten years UICN had doubled their rates. He was a ratepayer, and many of the people in his district were ratepayers, and no one thought this was a good idea. Commissioner Schinhofen was asking that the Board put a letter forward with the following three items in it to be presented August 6, 2015: (1) no ratepayer money for design, engineering or construction of Discovery Park; (2) prior to start-up of the ribs a detailed analysis of the effluent water to include pharmaceuticals; and (3) no legal expenses for any litigation with Nye County, Willow Creek Golf Course, Nye County planning applications, negotiations or appeals should be included in the rate case.

Commissioner Schinhofen

made a motion to put this letter forward and he would deliver it August 6, 2015, before the PUC; seconded by Commissioner Borasky. Dave Stevens did not think there should be a rate hike.

Commissioner Carbone

made a motion to approve Resolution 201 5-25; seconded by

Commissioner Schinhofen

; 5 yeas. 27. For possible action Discussion and deliberation regarding a request to: 1) set a date, time and location for a Public Hearing on Nye County Bill 201 5-08: A Bill proposing to amend Title 6 of the Nye County Code by removing Chapters 6.05.030 Appeal of Animal Control Decisions, Chapter 6.06.010 Dogs and Cats License, 6.06.020 Term, 6.06.050 Pet Dog, Pet Cat Fancier, 6.06.060 Multi-pet Permits, 6.06.070 Commercial Kennel Permits, 6.06.080 Animals Running at Large, 6.06.090 Impoundment for Violations of this Code, 6.06.095 Impoundment of Animal for Protective Custody, 6.06.100 Release of Impounded Animals. 6.06.120 Reporting of Found Animals, 6.06.130 Animal Waste and Odor, Chapter 6.07 Cruelty to Animals, 6.20.010 Excessive Noise Unlawful, 6.20.030 Vicious and Dangerous Dogs, 6.20.040 Exceptions, 6.20.050 Requirements for Possession of a Dangerous Dog, 6.20.060 Registration of Dangerous Dog, 6.20.070 Confiscation and Disposition of a Dangerous Dog, 6.20.100 Releasing Animal of Another, Chapter 6.25 Animal Advisory Committee, and other matters properly relating thereto; and 2) Read the title of the bill into record.

Commissioner Wichman

suggested using the second half of August 17, 2015, the day before the next Commissioners’ meeting, to have a special meeting on this item.

Commissioner Carbone

made a motion to set the date, time and location as August 17, 2015, at 1:00 p.m., at the Board of County Commissioners chambers in Pahrump; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Carbone

read the title of the bill into the record.

Commissioner Wichman

asked Amy Fanning if the projections of the revenue shortfall were still what they were on July 7, 2015. Mrs. Fanning said they were. August 4, 2015 H/R AND RISK MANAGEMENT 28. For Possible Action Discussion and deliberation to approve filling one vacant Administrative Secretary position in the Administration Department — Tonopah.

Commissioner Schinhofen

made a motion to approve based on staff recommendation and the findings contained in the back-up. Danelle Shamrell, Human Resources Manager, pointed out the new form used to help departments put together their justification. If this was something the Commissioners would like to see she would make sure it was used continuously from here on out.

Commissioner Carbone

seconded the motion to approve based on staff recommendation and the findings contained in the back-up.

Commissioner Borasky

asked if this was budgeted. Mrs. Shamrell said it was and any savings that resulted from the filling of the position, whether done internally or by outside advertisement, would be removed from the department’s budget. Dwight Lilly said if the County was projecting shortfalls he did not see how it could increase payrolls. He suggested having a temporary employee fill these positions.

Commissioner Cox

asked how much this position would actually pay.

Mrs. Shamrell

explained the savings was based on a step 1 on a grade 11 and started at a little less than $19.68 an hour. Pam Webster added it started at roughly $40,000.00 per year, which included benefits.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Carbone

pointed out the person would not be hired until October 5, 2015. Danelle Shamrell advised this position was budgeted as a Deputy Assessor and the Assessor had agreed to fill it as an Account Clerk I.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 3 yeas. Commissioners Wichman and Cox voted no. 33. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriffs office Pahrump. 34. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriffs office Pahrump. 35. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriffs office Pahrump. Danelle Shamrell pointed out the positions would be filled no sooner than October 1, 2015.

Commissioner Schinhofen

made a motion to approve items 33, 34 and 35; seconded by

Commissioner Wichman

stated the back-up indicated the plan was presented and the Board concurred, which was not accurate. The Sheriff’s plan was presented, but there was never a Board action taken on it so the Sheriff needed to clear the record.

Commissioner Carbone

asked if this was approved if it would get the Sheriff back on track with her budget and where she needed to be. Sheriff Wehrly said this and about three other positions. She indicated she was not currently over anyplace in her budget.

Commissioner Borasky

said when this was talked about before the Board stated at that time that if the budget went sideways people had to be laid off. He asked the Sheriff if she understood that. Sheriff Wehrly said she did. August 4, 2015 33. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriffs office Pahrump.-Cont’d. 34. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriffs office Pahrump.-Cont’d. 35. For Possible Action Discussion and deliberation to approve filling one vacant Deputy position in the Sheriffs office Pahrump.-Cont’d.

Commissioner Borasky

commented that the last hired were the first fired, so she just had to be aware that it may happen.

Commissioner Wichman

stated that Darrell Lacy was asked on both item 36 and 37 to make sure that he went to all the communities and attended their meetings to get buy-in on both of these items and gain support from those communities. What she was afraid of was if they set a date, time and location now there would not be enough time for him to get that done as he had only been to two communities and there were six remaining.

Mr. Lacy

said he provided documentation from all the committees and feedback from all even though he did not attend all the meetings. The comments had been incorporated and changes had been made to the bill based on those comments. However, the comments from the communities were not necessarily consistent in that Amargosa was interested in having the SUP process move forward for certain types of activities that they had problems with in their communities where other communities did not want to have them at all. He said that put the County between a rock and a hard place as some items were required by State law such as hazardous materials and airports which required an SUP.

Commissioner Wichman

asked Mr. Lacy to provide her with the NRS5 that required special use permits.

Mr. Lacy

said discussions with County staff and feedback from the Commissioners were there were activities that were very important to the health, safety and welfare of the August 4, 2015 36. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2015-01- Co nt’d. residents of the County as well as the County itself that must be addressed, such as water pipelines and fracking. An SUP was settled on as it was just as easy or difficult as the conditions the Board placed on it. If a project had very little impact on the County or community as a whole then there would be no need to place many restrictions of approval on the SUP. If there was a potential for major impact then the Board could place whatever conditions of approval on there. An SUP did not apply to planning and zoning throughout the County, but it gave the ability to get an applicant in front of the town boards and get a recommendation from that local community. Based on the feedback from the communities, Mr. Lacy advised they scaled back a lot of what was originally in the bill and had given control to the local communities to determine which applications went to the Board. He stated he received feedback from Beatty, Amargosa, Round Mountain, Belmont, and Tonopah, and Amargosa was the only community that specifically requested the SUP process.

Commissioner Wichman

said that on this item and on the item that followed instruction was given to approach the towns and to have them bring forward what they woutd like to see. She had been told a number of things and was having a hard time getting the same understanding from one staff member to the next of what was going on with this situation. She was concerned that she specifically remembered asking staff to meet with all the communities and discuss these items and she was being told by the towns that they did not support it with the exception of Amargosa. As soon as this hit the agenda Commissioner Wichman’s phone line started burning up with questions that she was not able to answer because the instruction to staff had not been followed. If this was put off to set a date, Commissioner Wichman asked Mr. Lacy in the future to put in the back-up the support or lack of support from each community on each of the two items.

Mr. Lacy

asked if he had to travel to each town every time he did these ordinances.

Commissioner Wichman

said exactly, especially if he was making changes to how people lived their lives.

Commissioner Carbone

directed staff to bring this back when the Planning Director came back with all the input.

Commissioner Wichman

did not think the County needed to be in the position of providing solutions when there was no problem. If solutions wanted to be found for perceived problems then the back-up should be included showing it was grassroots driven.

Commissioner Schinhofen

believed this just added the disposal of it and advised he had met with the Sheriff and a couple of the medical marijuana guys who had done this in other states.

Commissioner Carbone

noted it had to do with the transportation vehicle. Angela Bello advised this was the first time there would be requirements for the transportation and security plans. Some of them were set by NRS, but it had never been approved by the Board. Most of them were stricter than the NRSs, but it was not just adding one thing. It added a lot of different things that were not required by the NRS.

Sheriff Wehrly

said it did mention that they had to destroy the stuff and the method they decided to use was not in the NRS.

Commissioner Schinhofen

pointed out it said it had to be made inert, not destroyed.

Sheriff Wehrly

said they had to destroy it in the sense that it could no longer be used as marijuana. Darrell Lacy indicated 11 was the addition here and he had one minor change. They would like to change ‘ acceptable waste disposal method” to “one acceptable waste disposable method” and at the end change it to “other methods may be proposed and approved as part of the plan.”

Commissioner Schinhofen

stated at the end of 11 it could just say “or other method of making material inert pending Sheriff’s approval.”

Commissioner Schinhofen

made a motion to approve the checklist; seconded by

Commissioner Schinhofen

said this was not done yet as there would be a need to address the waste from extraction and production facilities. August 4, 2015 38. For Possible Action Discussion and deliberation to adopt, amend, or reject the Checklist of Minimum Requirements for Security & Transportation Plans for Medical Marijuana Establishments in Nye County.-Contd.

Commissioner Wichman

said there was a possibility that Amargosa could consider or look into just extending the boundaries or changing the RPC boundaries and maybe not call it the Pahrump Regional Planning Commission. Sheree Stringer updated the Board on the rural addressing, which was going very well. They did have a meeting in Currant, which was very receptive and had a lot of ideas. Currant also wanted to get their own zip code, which they were working on with the Postal Service. Another meeting was scheduled for August 10, 2015, at 6:00 p.m., with Planning, Emergency Management, the Assessor’s Office, and Public Works. August 4, 2015

Commissioner Wichman

said if anyone went to the meetings they needed to be sure to take a dish as it was a potluck.

Commissioner Schinhofen

stated this had been a joint meeting of the Nye County Board of Commissioners, Highway Commission, Licensing and Liquor Board, and as the governing body of the unincorporated towns of Beatty, Belmont, Gabbs, Manhattan, Pahrump and Railroad Valley. Additionally, the Open Meeting Law required either three minutes at the beginning and the end of the meeting or comment on every item and the County had done its best to do all of them.

Commissioner Wichman

adjourned the meeting. APROVED this ATTEST: Of .S,ó7 ,2015. h ir Ny CoLty Clerk I Deputy .-1 fL L’ 1J- CD ‘—) I -- vf_ iC CoAl/il cyt’r c1i Iu Nye County seat should be in Pahrump By Tom Waters Special to the Pabrump Valley Times first, let me say that I can’t believe I am agreeing with Andy Alberti that the “county seat” for Nye County should definitely be moved to Pahrump. He and I normally disagree on every topic but on this topic, we are in COMPLETE agreement. I must also add that I have merely read the comments from the commissioners in the newspapers since I was out of the country and missed the July 21St BoCC meeting. So, if thecomments in the newspapers are correct, the commissioners’ comments for rationale to keep the county seat in Tonopah are NOT factual. I also tried to view the BoCC meeting online but the July meetings are not yet posted on Gramcus. According to the article in the PVT (July 17th), Commissioner Dan Schinhofen made several false statements. 1) STATEMENT: He made the argument that county seats aren’t typically put in the most populous places. RESPONSE: That is NOT true. You can look at counties across the United States and see the fallacy of his argument. Look at Cook County and Chicago; Bexar County and San Antonio; Clark County a and Las Vegas, Etc. 2) STATEMENT: He further stated this quote in the PVT article, “You can argue with that, oh, the population centers here,’ but with that argument, Carson City shouldn’t be the capital of the state, it should be Las Vegas.” RESPONSE: That’s truly mixing apples and oranges’ in trying to equate a county seat to a state capital. State capitals are normally near the center’ of the state with population sometimes (but not always) a factor. 3) STATEMENT: He also stated “with the facts that it’s not going to change anything except the first meeting would be here and the second would be in Tonopah, why ?“ RESPONSE: With that whopper, I decided to include the NRS (244.085) that requires the BoCC to meet in the county seat at least once a month. The additional meeting(s) could be anywhere within the county. It’s the commissioners’ choice and there is absolutely NO requirement to meet in Tonopah if the county seat moves to Pahrump. Yes, it’d be nice to do it for our northern neighbors but it is NOT a requirement except by County Ordinances that they could easily change. When our commissioners play “footloose and fancy free”with the facts, people tend to doubt the rest of what they say. Maybe the commissioner should have read the NRS before speaking. NRS 244.085 Regular and additional meetings of board; meetings held outside county seat; meetings with other governing bodies; attendance at conventions, conferences, seminars or hearings. 1. Except as otherwise provided in this section, the meetings of the boards of county commissioners must be held at the county seats of their respective counties, or at a place not more than 10 miles from the county seat within the boundaries of the county, at least once in each calendar month, on a day or days to be fixed by ordinance. •7,7 /t fr y)..(3.L - C.C9NI {Y1 yt..’T 2. If the thy fixed by ordinance falls on a Saturday or on a nonjudicial day, the meeting must be held on the next judicial day. 3. The first meeting of the board in odd numbered years must be held on the first Monday in Januaiy, but if the first Monday in January is a nonjudicial thy, the meeting must be held on the next judicial day. 4. The meeting thy and place as fixed by ordinance must remain unchanged, unless notice of a proposed change is published once a week for 2 consecutive weeks in a newspaper of general circulation in the county. 5. Additional meetings of the board of county commissioners may be held at any place within the boundaries of the county. If the board meets outside the county seat, notice of the meeting must be given by publication once a week for 2 consecutive weeks in a newspaper of general circulation published in the county or by publication for 1 week in two or more newspapers of general circulation published in the county. 6. At a meeting held outside the county seat, the board of county commissioners may, in accordance with NRS 24 1.020, take final action on any matter except zoning or planning matters which relate to a different geographical area than the geographical area in which the meeting is held. 7. The board may meet with the governing body of another governmental unit at any location, including, without limitation, a location outside the county, but the meeting may not be held at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting. In no case may the board take any official action at such a meeting. 8. Members of the board may attend conventions, conferences, seminars, congressional hearings or other federal hearings to gather specific information or conduct the official business of the association or sponsoring organization at any location if no action is taken by the board in the course of such activity. It would save travel funds if the BoCC didn’t travel to Tonopah for meetings. Even

Commissioner Donna

Cox realizes that it is travel money wasted which is why the other four can’t force her to travel there each month. Teleconference can work anywhere in the county just as it does right now in Tonopah. Travel to Tonopah by the BoCC is NOT a requirement and a waste of taxpayer dollars. Yes, it would require a petition signed by 60 percent of the county landowners who voted in the last general election and it may be an uphill battle but I wish Andy and his supporters the best and he has my support. Lastly, even though four of the five commissioners live in Pahrump, that does not make them a town board; they are still county commissioners who are responsible for the entire county. Tom Waters Additionally San Bernardino and Riverside, the two largest counties meet only in their respective population centers. Only Nye County seems fit to waste taxpayer monies on this boondoggle. p I Andrew Alberti Jr