December 1, 2015

Mrs. Eastley

stated the members of the coalition were Esmeralda, Lincoln, Mineral, Nye and White Pine Counties as well as Inyo County in California. Originally the intent of the coalition was to identify and assess properties that might be good candidates for renewable energy or transmission projects. The coalition’s primary goals included among other things protecting health and welfare of the population; economic development and job creation through redeveloping of the property; and promoting economic development and diversification.

Ms. Hill

reviewed measures of success with the program. A site list for the RDSBC had been completed which included sites in Nye County and one site eligibility form was completed. ACRES forms had not been updated yet (EPA site tracking Web site), but property fact sheets and ESAs would be updated as the program went on and sites were assessed. The coalition maps were updated as well as the RDSBC Web site and quarterly meetings and public outreach meetings had been conducted.

Ms. Hill

said one of the sites they were working on was the Tonopah Airport FBO building, which had gone through phase I and II site assessments. They were working with the EPA and State Historic Preservation Office to move that site towards clean-up, but due to the weather clean-up may be pushed back to next spring. They had completed the eligibility evaluation form for the Nye County Public Works Buildings 1 and 2 in Tonopah, and a phase II was needed before any clean-up or demolition was done. Ms. Hill listed some additional sites of interest in Tonopah as the Babbitt housing site, an NV Energy substation for a possible phase I assessment, and a senior housing facility site which was currently on hold pending a new operator going into the medical center. Regarding the Babbitt housing, Mrs. Eastley said she had also contacted Nevada Rural Housing Authority (NRHA) who was very interested in those homes and pledged $350,000.00 to rehab them. They were now waiting for the environmental assessment to be completed by the Air Force and for them to deed the properties to NRHA. December 1, 2015 27. For Possible Action Discussion and deliberation rejardinq: 1) Presentation on the status of Rural Desert Southwest Brownfields Coalition CRDSBC) activities across the Coalition area and in Nye County and 2) discussion of community activities and sites to be assessed.-Cont’d.

Ms. Hill

advised that in September they went to Chicago and took part in the EPA National Brownfields Conference. As part of that conference they developed their new coalition map and some stickers for public outreach events. There was also a Web site created as a resource for the RDSBC which went back to 2002 when Nye County was awarded their first grant. As far as stakeholder participation, Ms. Hill stated that had been one of the valuable assets to the RDSBC and urged people to be involved in the program and contact Mrs. Eastley or the EEC office to inform them of a site that may need attention.

Mrs. Eastley

added they were also counting on the Commissioners to advise of any situations in Pahrump that might be a candidate for this program.

Commissioner Carbone

commented it was hard to do on private property because of the cost. Ms. Hill said there was no cost for the assessment and there was also a low cost loan option to assist with the clean-up.

Mrs. Eastley

pointed out that the loan fund was $1 million and the County only had a certain amount of time to revolve that money once. They had also been looking at the Treasurer trust properties in Pahrump, but they would have to be assessed before they were sold. Pam Webster stated her understanding that if a property owner had the contamination happen under their ownership they were not eligible. For example, a property owner with a tenant who actually caused the contamination or whatever would not be eligible because it happened under their ownership.

Ms. Hill

said she would have to double check that, but if contamination occurred as a result of activities that the current property owner was partaking in they would not be eligible.

Mrs. Eastley

said this was a very successful venture and asked the Commissioners to help identify candidates so they could get the property assessed and get the revolving loan money out the door because once it revolved one time Nye County kept the money.

Commissioner Wichman

suggested Mrs. Eastley speak with Janice Lyman in Gabbs and then congratulated her on unanimously getting the vote of NACO for her appointment to the Nevada Rural Housing Authority Board. December 1, 2015 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, the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Northern Nye County Hospital District Board of Trustees regular meeting on November 3, 2015.

Commissioner Carbone

made a motion to approve the minutes of November 3, 2015; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. Announcements (first)

Commissioner Schinhofen

said he spent four days with the DOE in New Orleans and other communities that had sites like Area 5. He found the DOE to be more forthcoming and friendlier towards the County’s site. He commented that he was not the only one asking them to follow the rule of law as most of the room during a luncheon did as well, and one of the assistant attorney generals from the State of Illinois called them on their consent base. He noted the trip was paid for by membership in the ECA.

Commissioner Schinhofen

advised there would be a nighttime Christmas parade around the Eye this weekend put on by Relay for Life. Elizabeth Pittsley from Administration said it was advertised as Friday night at 7:00 p.m.

Commissioner Borasky

mentioned the Ben Carson visit to Pahrump on November 23, 2015, and that quite a few people got to see him, talk to him and ask questions. He was hoping to get more presidential candidates to come into Nye County to inform the citizens of their platform. Diane Southworth announced the MLK Breakfast would be held January 18, 2016, at the Pahrump Nugget starting at 8:00 a.m. Tickets were $12.00 ahead of time and $15.00 at the door. 6. For Possible Action Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)

Commissioner Borasky

advised that as of this time he would not be able to make the meeting on December 15, 2015, but he would try to call in. He said he had been looking at the reuse of the medical marijuana waste rather than taking it to the landfill and wondered if it could be tilled into the ground instead. He had also spoken with the December 1, 2015 7. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. Sheriff about how the plants that had value in them but were not usable should be incinerated. Commissioner Borasky agreed with her on that and she would be coming forward with something.

Commissioner Borasky

advised there would be a well owners meeting on Friday, December 18, 2015, from 6:00 p.m. to 8:00 p.m. at the Bob Ruud Community Center and again on Saturday, January 9, 2016, from 10:00 a.m. to 12:00 p.m. to allow the well owners their chance to have their say. He said there may be up to four or more meetings to allow the public to get their comments in before the Board took any action on what the advisory board had brought forward.

Commissioner Wichman

questioned the timing of the meetings as the issue would be on the December 15, 2015, agenda.

Commissioner Carbone

described the situation with the TV antenna for Channel 8 where the station in Las Vegas transmitted in analog and the County had to transfer it to digital. He felt something needed to be put together to send to Channel 8 to tell them to do what the FCC told them to do and change to digital or the County would no longer do it. Regarding billboards, Commissioner Carbone said help was needed from the District Attorney. Andy Jordan’s appeal was denied and Commissioner Carbone did not believe he had ever been to court, but the Board needed to know what to do now on removing the billboard.

Commissioner Wichman

referred to the November 3, 2015, meeting minutes where there was a request to Michael Sullivan to provide an update at the next meeting. Pam Webster advised she was picking up that report and would have it on the Pahrump December meeting.

Commissioner Wichman

also noted on the November 3, 2015, minutes that the District Attorney’s Office was asked to notify the person responsible for the nuisance in Gabbs.

Commissioner Wichman

wondered if when the Board of County Commissioners asked the District Attorney to follow up on something like that if the Board would get any kind of report that let them know the instructions were followed through on or there was a response from the property owner. Maria Zlotek stated there was no set policy in place, but that was immediately acted upon and a letter sent both certified and regular mail with a 90 period to abate. If it was the Commission’s wish that they e-mail follow-ups where appropriate, Ms. Zlotek indicated they would be happy to do that.

Commissioner Wichman

asked that they do that. She then asked Amy Fanning, Comptroller, if she had been meeting monthly with the Treasurer’s Office. December 1, 2015 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d.

Mrs. Fanning

said no. She was working with McArthur’s office on the audit and would meet with his staff on Friday to go over a couple of items to help with the monthly process. She would sit down with the Treasurer after that meeting.

Commissioner Wichman

asked that the item to establish a policy on cork boards in a public location in the courthouse that was on the November 3, 2015, meeting be brought back at the next meeting to be finalized.

Commissioner Cox

asked about the Savoy clean-up bid and the lights at the skateboard park.

Mrs. Webster

said bids were received for the Savoy clean-up late last week and would be on the next agenda. The skateboard park lights were on the Parks and Recreation Committee’s agenda last month.

Commissioner Borasky

advised he attended that meeting and the board did approve the concept of doing it, but not the funding. He was working with the husband and wife team that brought it forward and a private individual had also been contacted to work with Valley Electric. Regarding the bulletin boards, Commissioner Cox suggested that all the problems could be avoided, including constitutional issues, if two separate boards were put up, one for the public and one for strictly legal matters. TIMED ITEMS 8. 10:15 For Possible Action 2nd Community Development Block Grant — — (CDBG) Public Meeting: 1) Presentation of potential projects; and 2) Invite public to discuss proposed prolects submitted to date and to suggest further ideas. Mary Zlotek, Grant Manager, explained the purpose of today’s meeting was to discuss potential applications for funding under next year’s (July 1,2016-June 30, 2017) Community Development Grant Program and to solicit additional citizen input on possible activities to be included in an application. She reviewed the eligible activities which also had to meet one or more of three national objectives. A final hearing would be held on December 15, 2015, to discuss, approve and rank the applications for submission to the State. Vance Payne, Emergency Management Director, presented the Nye County Ambulance Replacement Program for Beatty. The project was tied to a fleet management program that the County’s logistics and training officer had been involved in creating. The total amount requested was $165,000.00. December 1, 2015 8. 10:15 For Possible Action 2nd Community Development Block Grant — — (CDBG) Public Meeting: 1) Presentation of potential projects; and 2) Invite public to discuss proposed projects submitted to date and to suggest further Ideas. Cont’d. Timaree Koscik, Co-Director of the Nye County Senior Nutrition and Transportation Program, asked the Commissioners to sponsor their grant request to CDBG for vehicles to transport senior citizens and Medicaid clients to their appointments. They had five vehicles in fleet used for these trips that all had 200,000 plus miles with one that had 400,000. Ms. Koscik had looked at the State purchasing Web site and was requesting two new minivans for a total cost of $60,000.00.

Ms. Ziotek

then presented the Nye County Complex Well No. 1 upgrade in Pahrump with a total estimated cost of $322,000.00, $292,000.00 of which would be requested from CDBG with a $30,000.00 County match consisting of administrative costs of the grant and demolition of the old tank.

Commissioner Carbone

said he had talked with Ms. Zlotek about the animal shelter and based on the criteria it did not meet the grant requirements, but he wondered if the skate park would fit.

Ms. Zlotek

said she would run it by them and felt there was a possibility if it met the LMI.

Commissioner Carbone

stated that based on the numbers he got from VEA the first time it would be $127,000.00. He said the reason the number was so high was because the lighting had to be done in a way to make sure the shadowing was proper and not dangerous to the kids. Susan Gresham added they had requested Valley Electric provide those numbers to see how they came up with them, but they had not been successful. She noted the original quote was only $30,000.00 but they wanted to trick the park out, which was where the extra money came in.

Commissioner Schinhofen

said he would like to bring back the Calvada Eye lights project as well as funds to help with getting power and utilities at the fairgrounds or even a retention basin.

Ms. Zlotek

said she had copies of the previous year’s submission for the Calvada Eye and would go over it with Commissioner Schinhofen. She would also prepare an application for the fairgrounds. Erika Gerling expressed the support of the people in Beaffy for the new ambulance for Beaffy.

Ms. Zlotek

said the final hearing would be held on December 15, 2015, at which time the Board would decide which projects to submit for funding. The County was allowed December 1, 2015 8. 10:15 For Possible Action 2nd Community Development Block Grant — — (CDBG) Public Meeting: 1) Presentation of potential projects; and 2) Invite public to discuss proposed projects submitted to date and to suggest further ideas. Cont’d. to have five altogether. There were two open so the County could submit two and sponsor one, but she needed to get clarification on the sponsoring. 9. 11:00 For Possible Action Special Use Permit Application SU-2015-00001 1: - — Public Hearing, discussion and deliberation regarding a request for a Change of Location for Special Use Permit No. SU-14-0023 to allow a medical mariiuana establishment (cultivation) on 1.1 acres located at 5400 N. Highway 160, Pahrump. Assessor Parcel Number 029-311-13. Eric Vessella Property Owner. Nye Farm Tech, Ltd. I Dokmai Flower Sullivan Applicant.

Commissioner Wichman

opened and closed the public hearing. Russ Meads, agent for the applicant, was present.

Commissioner Schinhofen

stated this was an SUP the Board granted in Amargosa. He was concerned about moving this now since the State was sending out notices to people who had not yet completed their project that it wanted an update by December 15, 2015. He was not against it, but he hoped the applicant understood they were on a timeline.

Mr. Meads

said they did. The applicant filed for an extension and already filed paperwork with the State for moving this to Pahrump.

Commissioner Schinhofen

noted this would be on the highway and was a cultivation facility. He asked if there were any other issues. Darrell Lacy, Planning Director, said it had proper zoning and there were no problems with the proposed move. He noted the timing was very short in regards to getting this done. He added one of the standard requirements for an SUP was they must maintain the original certificates from the State so if they lost the State approval they would lose the SUP.

Commissioner Schinhofen

asked if he could add a condition on this SUP to have an updated security plan submitted to the Sheriff. Mr. Lacy stated that was always one of the requirements.

Commissioner Schinhofen

made a motion to approve Special Use Permit Application SU-201 5-0000011; seconded by Commissioner Carbone.

Commissioner Carbone

questioned their financial ability to make this move. December 1, 2015 9. 11:00 For Possible Action Special Use Permit Application SU-201 5-000011: Public Hearing, discussion and deliberation regarding a request for a Chang of e Location for Special Use Permit No. SU-14-0023-Cont’d.

Mr. Meads

said he had done an estimate as to what it would take to move this particular property from its current location and receive a certificate of occupancy. With what the applicant produced with her and her partners Mr. Meads was able to verify the funds were available to complete the project.

Commissioner Carbone

asked if the property ownership was being transferred to someone or was it a leaser.

Mr. Meads

advised it was presently in escrow to be purchased from the current owner. They expected to close escrow tomorrow or the next day and the applicant would be the property owner.

Commissioner Carbone

thought an additional condition was needed on the SUP that the property had to be in the new owners’ name before the Board approved this.

Commissioner Schinhofen

amended his motion to add that the SUP would be granted contingent upon the completion of escrow; Commissioner Carbone amended his second; 4 yeas. Commissioner Borasky voted no.

Commissioner Borasky

stated his concern about the number of facilities being approved and while there were a couple up and running, he did not think anyone had established anywhere what the true need was and how much they had to grow. He saw problems down the line. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 10. For Possible Action - General road report by Public Works Director

Commissioner Schinhofen

asked what was being done on Calvada and Pahrump Valley Boulevard. Wade Christensen from Public Works said they were cleaning up from the flooding and would probably work there for another week or so.

Commissioner Borasky

encouraged Public Works to drive down from Homestead on Jeane to the west as there were trees, bushes and things growing in the bar ditch and hanging over the road. December 1,2015 10. For Possible Action General road report by Public Works Director-Cont’d.

Commissioner Wichman

told Mr. Christensen she received some e-mails that were appreciative and flattering toward the crews that took care of the Crystal area after the flooding At Commissioner Carbone’s request, Wade Christensen, District Road Supervisor for Pahrump, and Stretch Baker, District Road Supervisor for the north, introduced themselves.

Commissioner Carbone

knew there was a list for cleaning up culvert areas and bar ditches. The rain hindered that schedule and he hoped everyone was patient. 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 11. For Possible Action Discussion and deliberation on approval of amendments to the Tourism Advisory Committee By-laws. This item was removed from the agenda. 12. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Pahrump Town Resolution No. 2015-02: A Resolution Abolishing the Pahrump Youth Advisory Committee and Pahrump Events Advisory Committee.

Commissioner Carbone

made a motion to adopt the Pahrump Town Board Resolution 2015-02; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS 13. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 14. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. December 1, 2015 15. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 16. For Possible Action Discussion and deliberation to adopt, amend and adopt. or reject Nye County Resolution No. 2015-35: a Resolution directing the County Assessor to prepare a list of the taxpayers on the 2016-2017 secured tax assessment roll in Nye County, Nevada and directing distribution of the same.

Commissioner Carbone

made a motion to adopt Resolution No. 2015-35; seconded by

Commissioner Schinhofen

; 5 yeas. 17. For Possible Action Discussion and deliberation regarding approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, December 15, 2015 in Pahrump, Nevada.

Commissioner Carbone

made a motion to approve the time, date and location of December 15, 2015, in Pahrump, Nevada; seconded by Commissioner Schinhofen; 5 yeas. 18. For Possible Action Discussion and deliberation on a request to acknowledge the completion of all requirements of the Development Agreement as it relates to the work on Poleline Rd. by Tonopah Solar Reserve and to release the letter of credit.

Commissioner Schinhofen

made a motion to acknowledge completion of all requirements of the development agreement as it related to Poleline Road and release the Letter of Credit; seconded by Commissioner Borasky; 5 yeas. CLERK 19. For Possible Action Discussion and deliberation to appoint two (2) members to the Beatty Town Advisory Board due to two (2) terms expiring January 2016.

Commissioner Schinhofen

made a motion to appoint Erika Gerling and Randy Reed to terms expiring January, 2018; seconded by Commissioner Carbone; 5 yeas. 20. For Possible Action Discussion and deliberation to appoint three (3) members to the Belmont Town Advisory Board due to three (3) terms expiring January 2016.

Commissioner Carbone

made a motion to appoint Donna Motis, Theodore Schuff, and Buddy Perchetti; seconded by Commissioner Borasky; 5 yeas. December 1, 2015 21. For Possible Action Discussion and deliberation to appoint seven (7) members to the Central Nevada Museum Board due to seven (7) terms expiring January 2016.

Commissioner Schinhofen

made a motion to appoint Susan Dudley, Susan Rigby, Allen Metchser, Phyllis Sorhouet, Harris Brokke, Jim Rigby, and Cindy Kaminski; seconded by Commissioner Borasky; 5 yeas. 22. For Possible Action Discussion and deliberation to appoint three (3) members to the Gabbs Town Advisory Board due to three (3) terms expiring January 2016.

Commissioner Carbone

made a motion to appoint Ray Dummar, Janice Lyman and Sunshine Ramirez; seconded by Commissioner Schinhofen.

Commissioner Wichman

asked Lorina Dellinger to send something out on letterhead to Melissa Stark thanking her for her time on the board.

Commissioner Schinhofen

made a motion to direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on November 12, 2015, regarding APN 001-271 -02, 701 Brucite Street, Gabbs, Nevada, and a) set a reasonable time of 90 days and b) direct the District Attorney to bring legal proceedings for abatement of said nuisance if the notice to the person responsible fails to abate said nuisance; seconded by

Commissioner Carbone

; 5 yeas. TREASURER 24. Treasure?s Report The report was in the back-up. December 1, 2015 COUNTY MANAGER 25. 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. 2015-1 6: A Bill proposing to amend Title 2 of Nye County Code by repealing Chanter 2.80, thereby dissolving the Office of Coordinator of Services for Veterans in Nye County. providing for the severability, constitutionality and effective date hereof; and other matters properly related thereto; and 2) Read the title of the Bill into the record.

Commissioner Carbone

made a motion to set the time, date and location for this item on January 5, 2016, at 10:45 a.m. in Tonopah; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Carbone

read the title of the bill into the record. 26. 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. 2015-1 7: A Bill proposing to amend Title 2 of Nye County Code by repealing Chapter 2.56, thereby dissolving the Public Lands Advisory Commission, providing for the severability, constitutionality and effective date hereof; and other matters properly related thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

made a motion to set the date, time and location for a public hearing on Nye County Bill 2015-17 on January 5, 2016, at 10:45 a.m. in Tonopah; seconded by Commissioner Cox; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. December 1, 2015 EMERGENCY MANAGEMENT

Commissioner Carbone

made a motion to set a time and date for Bill 2015-19 on January 19, 2016, at 10:45 a.m. in the Town of Pahrump; seconded by Commissioner Borasky; 5 yeas.

Commissioner Carbone

read the title of the bill into the record.

Commissioner Schinhofen

said he believed there would be some further resolution of this next time the Board heard the animal ordinance so he loathed to leave them without this help.

Commissioner Schinhofen

made a motion to approve the temporary kennel assistant in the Pahrump shelter for 360 hours (three months) or $5,360.00, and budget $2,300.00 for the cost of food and supplies for the Pahrump animal shelter for three more months, for a total request of $7,660.00 funded out of contingency; seconded by Commissioner Borasky.

Commissioner Wichman

asked if the money was available in contingency.

Commissioner Carbone

said it was and this would take it down to $64,000.00.

Commissioner Carbone

made a motion to reclassify the one vacant Financial Analyst I position to the Office Assistant position and fill the position in the office down in Pahrump and 2) use the savings to fill one vacant Financial Assistant II position. Danelle Shamrell, Human Resources Manager, explained the vacant position would be reclassified to a lower grade and that savings would be used to upgrade another position. The intent was to fill it in-house and not backfill the vacancy created. Additionally, the 90 days on the initial position had already been met.

Commissioner Schinhofen

seconded the motion to reclassify the one vacant Financial Analyst I position to the Office Assistant position and fill the position in the office down in Pahwmp and 2) use the savings to fill one vacant Financial Assistant II position; 5 yeas.

Commissioner Borasky

confirmed for Lorina Dellinger that the dates for the public well forums were December 18, 2015, and January 9, 2016. December 1, 2015

Commissioner Wichman

adjourned the meeting. APROVED this ATTEST: Of , 2016. Nye bounj Clerk I Deputy