July 19, 2016

Commissioner Carbone

said he would talk to Public Works after the meeting to try to find out what happened and get back in touch with Mrs. Goudin.

Commissioner Wichman

thought Mrs. Goudin was mixing up the words designated and dedicated. The road had not been dedicated to the County which meant it was private property in the eyes of the County. She said Mrs. Goudin would have to find the property owner and have them dedicate it to have it put on the maintenance schedule. Larry Chapman said he lived at 2101 Kelsey Way and about two years ago he started trying to do something with this. He went to Public Works and was told to contact

Commissioner Cox

. She sent Mr. Chapman back to Public Works as she felt the petition was not necessary because of the damage to the road. He took it back to Public Works about a year ago and they told him it was not a dedicated road. Mr. Chapman asked if he could put gravel on it and was told he would then assume responsibility of the road, which he could not do. He advised Public Works did grade it one day to fill up the potholes, but something needed to be done with it.

Commissioner Carbone

pointed out that some of the roads were in subdivisions so nothing could be done. He asked Mr. Chapman to give his number Lorina Dellinger. Sheila Pool stated she lived on Venus off of Bannavitch and all of the streets out there were paved except hers. She had emphysema and sometimes it got so bad she could not breathe. Also, Ms. Pool advised on the southwest corner of Bannavitch and Flamingo there was a stop sign that was not visible and she was worried someone was going to get killed there one day. July 19, 2016 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item ffirst).-Cont’d. Manuel Villavicencio asked who could do something in the city about the trash, not only on Highway 160 but also the people who were doing community service and went out with bags.

Commissioner Carbone

said he was concerned with it also, but there were several groups out there that did specific pick-ups as well as a young man with Channel 46 who could probably help as they had a group that went out and did that stuff. Commissioner Carbone suggested Mr. Villavicencio meet with that gentleman after the meeting.

Mr. Villavicencio

suggested passing legislation for a heavy fine.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

advised Congressman Hardy would have a career advancement workshop on July 21, 2016, from 5:00 p.m. to 7:00 p.m., at the College of Southern Nevada, Cheyenne Campus, Building A, and people could RSVP at 702-912- 1634. Also, a friend of Commissioner Borasky’s from California told him there was a lot of talk about closing the Diablo Canyon nuclear power plant. Commissioner Borasky pointed out there were 1,300 employees there with an average pay rate of $130,000.00 per year and commented the “greenies” needed to remember that nuclear power plants did not create global warming. Also, the closure could have a ripple effect on Nye County as Valley Electric was tied into California electric now. Richard Goldstein from the American Veterans Foundation of Pahrump wanted to let everyone know their next meeting would be August 11, 2016, at 1:30 p.m., at the Nye Communities Coalition. He invited all the Commissioners and veterans concerned about veterans’ affairs. July 19, 2016

Commissioner Schinhofen

encouraged everyone concerned about the tests done and Yucca Mountain to go to the groundwater meeting in Amargosa on July 26, 2016. Also, he confirmed the Diablo Canyon nuclear power plant was going to be closed and said that would be 14 orphaned power plants and it was a national security issue that there be a repository.

Commissioner Carbone

said five teenagers had an idea that would happen in front of the Sheriff’s Office on July 30, 2016, from 9:00 a.m. to 9:30 a.m. They wanted to have as many people as possible come and #alllifematters and #respectalllifeequally.

Commissioner Schinhofen

advised he got the road he lived on dedicated. He started working on it in 2006 before he was a Commissioner and it took about four or five years. He said the Commissioners would be happy to work with anyone on those issues. Regarding custody dogs, Commissioner Carbone stated the County had been pretty much pummeled with dogs brought in as evidence in the last year and the bill to the County was $327,000.00. He wanted to make sure that got brought up during the session on Thursday with the judges, lawyers, bailiffs, and District Attorney’s Office. He would like to see some things move a little faster through the court system so the animals could be pushed on to where they needed to go quickly. Christi Kindel said they would also like to see things move quicker through the courts, however, NRS 574.055 required that when a peace officer took custody of a dog the County was responsible to take possession of it and provide shelter and care. Pam Webster said it was recognized that the dog had to be taken into custody and cared for, but she questioned a year. The situation was more some sort of reasonable timeframe that needed to be considered.

Commissioner Cox

felt there needed to be a process for billing the people who had the problems with the dogs in the first place. Sam Merlino said she neglected to put on the July agenda the discussion of what her plans were for her technology fund. She advised she would eventually use what she had in there to replace four of her dying printers. July 19, 2016 7. Commissioners’IManager’s Comments (This item limited to announcemen ts or topics!issues proposed for future workshopslagendas)-Cont’d. Pam Webster advised she had been informed there would be a second round of CDBG grants offered which would be on the agenda soon. Lorina Dellinger said staff would like to schedule a teleconference for July 28, 2016, at 8:30 a.m., to approve some debt policies prior to August 1,2016.

Commissioner Schinhofen

commented people said they did not know about meetin gs and confirmed with Mrs. Dellinger that there was a “Notify Me” option for agendas when they were posted. TIMED ITEMS

Ms. Rosenburg

then reviewed the four E’s of traffic safety: engineering, education, emergency response, and enforcement. She said NDOT was mostly focused on the engineering side, but had increased coordination and partnership with emergency response and enforcement. As far as funding, Ms. Rosenburg advised the FAST Act was passed last December, which was a five year transportation bill, and fuel revenue indexing was another funding mechanism that would be on the ballot this fall. Based on information she had from the DMV Nye County would generate about $53 million over July 19, 2016 9. 10:30 For Possible Action Presentation, discussion and deliberation by - — Nevada Department of Transportation regarding the Nye County 2017 Work Program, which are scheduled for construction during the next fiscal year. Cont’d. the ten-year period and the State would work closely with the County on how to spend that money if it passed in Nye County.

Ms. Rosenburg

then discussed the Nye County project ideas, which included U.S. 95, SRi 60, SRi 72, the Pahrump Bypass, Tonopah medians, the Nye County Gateway, SR62, and the Gemfield Mine. She said NDOT was working through where to fit those into the program.

Commissioner Cox

noted that SRI 72 should be SR372.

Commissioner Schinhofen

said the widening needed for Calvada to Homestead and Winery was being done from Rainbow down to Calvada. He expressed his appreciation for that being moved up and noted it would be done before Christmas.

Commissioner Borasky

questioned the $51 million price to do that.

Ms. Rosenburg

said she would take a look at that. It was either a typo or might be a mile post instead of a dollar amount. Mr. Bonner would get back to the County on the actual cost.

Ms. Rosenburg

stated the projects under construction now or going to construction this year were not included in this packet as NDOT was asking for acceptance of their 2017 work plan. Currently NDOT planned $3.5 million in FY17 and $27.5 million for FY18- FY20, subject to funding constraints and various priorities. Ms. Rosenburg then asked for a motion to accept the proposed FY17 work program.

Commissioner Wichman

made a motion to accept the proposed FY17 work program; seconded by Commissioner Schinhofen; 5 yeas.

Mr. Bonnet

said NDOT would be back in the fall to talk about more projects and hopefully the Board could help them with priorities in the County.

Commissioner Borasky

asked if NDOT would give a presentation on the roundabouts.

Ms. Rosenburg

said their Traffic Safety Engineering Division was working with their Public Information Office to schedule some public workshops or training to make sure everyone knew how to operate a roundabout safely. July 19, 2016

Commissioner Carbone

suggested they contact the mobile food vendors.

Commissioner Schinhofen

asked about review by the Sheriff. Pam Webster explained that was a condition the Board could impose when an applicant came forward, but it was not written as a mandatory requirement in the ordinance. She thought a security or a fire plan or at least some notification to the Sheriff and the fire chief could be considered for an imposition if the Board liked.

Commissioner Carbone

advised the applicant had talked with Chief Lewis and Chief Lewis had communicated with all the other entities.

Commissioner Schinhofen

made a motion to approve provided the applicant coordinate with Matt Luis to make sure they had trash and port-a-potties in place and also talk with the Sheriff to make sure if they reached over that 1,000 number that they got some kind of security.

Mr. Twitchell

advised they had covered both of those bases.

Commissioner Wichman

seconded the motion to approve provided the applicant coordinate with Matt Luis to make sure they had trash and port-a-poffies in place and also talk with the Sheriff to make sure if they reached over that 1,000 number that they got some kind of security; 5 yeas.

Commissioner Wichman

made a motion to continue this item to September 6, 2016, to give the businesses an opportunity to get those statements back to the Board as she understood from staff only one was received so far; seconded by Commissioner Schinhofen; 5 yeas. July 19, 2016 lib. For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-07: A Bill proposing to amend Title 2 of the Nye County Code, titled Public Peace and Morals and Welfare, Chapter 9.20, Title Prostitution; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

opened the public hearing.

Commissioner Borasky

made a motion to continue the public hearing to September 20, 2016; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Borasky

understood the language was small business and wondered where the breakout was for the small businesses from medical marijuana and brothels. Pam Webster said she had not heard it limited to small business, but she just saw that in the opinion from the Legislative Counsel Bureau also and needed to look into it. She added the County had been remiss in doing this in some cases so she was making sure it was covered now. Joni Eastley added the law changed during the last session to provide a business statement when a proposed rulemaking by an elected body would impose fees or fines or other charges that would affect small businesses or any other owners. Since this ordinance change affected fines or fees a business impact statement was required.

Commissioner Carbone

opened the public hearing.

Commissioner Carbone

said he talked to the District Attorney about pulling this into the Nye County policies and he did not understand the need for an ordinance. Christi Kindel explained federal law required the ordinance have this language in it and the language in the personnel manual pre-dated the ordinance. To eliminate the duplicity she said it would make more sense to have the language in the ordinance and have the personnel manual refer to the ordinance, but her advice would be to leave it the same out of an abundance of caution. Ms. Kindel said the big difference was the policy manual was changed differently than the ordinance would be.

Commissioner Carbone

said the question was asked if it went beyond the employees and he believed it was just for the employees. July 19, 2016 12. For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reiect Nye County Bill No. 201 6-06-Cont’d.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

commented there were federal and state laws for whistleblower protection. The State was requiring the County to adopt this law and there were things in the law that he did not like.

Commissioner Schinhofen

made a motion to adopt Bill No. 2016-06; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

amended his motion to set an effective date of August 9, 2016; Commissioner Wichman amended her second; 5 yeas.

Commissioner Carbone

opened the public hearing. Diane Southworth thought there could only be one dispensary in the County. Darrell Lacy, Planning Director, explained there were three subsets here, one for expansion of a cultivation facility, one for a new production, and one for a new dispensary. Special use permits were the zoning only and since they were expanding an existing cultivation facility on this site this was the process. The discussion about whether there were new or additional dispensaries available may be answered this fall July 19, 2016 13a. 11:00 For Possible Action - — Special Use Permit Application No. SU-2016- 00001 8-Cont’d. 13b. 11:00 For Possible Action - — Special Use Permit Application No. SU-2016- 00001 9-Cont’d. 13c. 11:00 For Possible Action - — Special Use Permit Application No. SU-2016- 000020-Cont’ U. when the referendum went through for recreational marijuana. He said all the County was doing at this time was granting a zoning approval to say the location was okay.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

said all three of these items were the same property and the same property owner, who had been exemplary in their cultivation facility. They did great quality control and he would be happy to expand their use.

Commissioner Schinhofen

made a motion to approve items 13a, 13b and 13c; seconded by Commissioner Borasky. Mike Floyd confirmed for Commissioner Borasky that they would have to empty the existing building to utilize it for this project and the whole property would be fenced with the same security fence they put in the back part.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Wichman

asked if there was a plan to fill the two positions in Tonopah.

Commissioner Borasky

said he would contact Mr. Carlo by e-mail for some potholes and things, but he thought it would be nice to give some sort of presentation to the public of where the funding came from to fix the roads because some people thought that just because they paid property taxes they should be able to have a new road in front of their house. July 19, 2016

Commissioner Cox

suggested having something during the evening.

Commissioner Wichman

asked if Mr. Carlo was getting the reports on the Web site.

Mr. Carlo

said yes, but they were limited. He got ten times more reports by word of mouth then he did off the Web site.

Commissioner Wichman

suggested having an interview with the media outlets to explain how the roads worked so they could do a public piece in the newspaper.

Commissioner Cox

noted she still needed to get a meeting together with Dave Fanning and whoever else to cross reference some things and talk about some things.

Commissioner Schinhofen

commented many people would be happy to see the maintenance crews freed from Bell Vista. He also had word that Homestead, Gamebird to Manse, could move forward.

Mr. Carlo

said yes and they were just waiting on the hydrology report.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Schinhofen

made a motion to ratify the application; seconded by

Commissioner Wichman

; 5 yeas. July 19, 2016

Commissioner Schinhofen

made a motion to approve items 19-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 1 9-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 19-25; seconded by

Commissioner Wichman

; 5 yeas. July 19, 2016

Commissioner Schinhofen

made a motion to approve items 1 9-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 19-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 19-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 19-25; seconded by

Commissioner Wichman

; 5 yeas. July 19, 2016 BOARD OF COMMISSIONERS

Commissioner Borasky

reminded everyone of the incident not too long ago when someone tried to make a drive-through out of the VFW building, which set their budget back quite a bit. They were now short for an ice machine, which did go with the bar, but they also donated ice to different agencies in the community.

Commissioner Borasky

made a motion to approve up to $4,000.00 for the ice machine. He would get an exact number and then get with the County Manager; seconded by

Commissioner Borasky

asked Pam Webster if a hard number was required or if he could say up to $4,000.00 with the balance going to the food pantry or if he should just make it up to $4,000.00 and once they produced an invoice it would be paid that way.

Mrs. Webster

advised a grant toward the purchase of the ice machine for a fixed amount could be approved.

Commissioner Carbone

was concerned about the Commissioners tending themselves to helping these particular agencies, specifically the Veterans of Foreign Wars. Since the money was collected specifically for each veteran to be supported, he wanted to be specific as to what the money was being used for and thought the motion should state the money was coming from that department and was only for this item. July 19, 2016 29. For Possible Action Discussion and deliberation to provide funding to the Veterans of Foreign Wars, Post 10054 to help purchase an ice machine and a filtering system for the machine.-Cont’d.

Commissioner Borasky

restated his motion to approve up to $4,000.00 from the general fund veterans department and that this was a one-time event; Commissioner Schinhofen restated his second; 5 yeas. PUBLIC ADMINISTRATOR

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Carbone

asked if the fees collected would be used for the overtime paid to the officers driving up to Tonopah on non-judicial days and holidays. Pam Webster advised only one of these funds could possibly be used for that, but she needed to speak with the Justice of the Peace as Mrs. Webster did not think that was the intent based on the letter.

Commissioner Carbone

felt something was needed to pay for people driving up on a holiday so she could have court on a non-judicial day. He was inclined to not approve this.

Mrs. Webster

stated this was not set up to cover that, but there was a departmental budget that could covet it. July 19, 2016 32. For Possible Action Discussion and deliberation regarding a request for the administrative assessments and court facility fees continue to be retained for the ongoing and exclusive use of the Tonopah Justice Court.-Cont’d.

Commissioner Carbone

thought a letter needed to be sent to the Justice of the Peace stating what days she could have court and not on holidays and Sundays like she had been doing.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Wichman

said she did not have the list for disposal, just the letter of request. Lorina Dellinger believed it was six chairs.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas.

Commissioner Carbone

thought he could get a BDR from an assemblyman for the fire and ambulance. July 19, 2016 36. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDRs) for Nye County for the 2017 Legislative Session.-Cont’d. Pam Webster said that one was to clarify the districting language so the Commissioners might want to add that.

Commissioner Carbone

said the public sales tax was off, the animal services NRS amendment and payment for custody of dogs were combined, and the fire and ambulance amendment would be for clarity with the district being added.

Commissioner Wichman

believed the NRS allowed the County to combine departments and suggested looking into the procedures to combine the Public Administrator’s Office with the District Attorney’s Office. She asked for someone on staff to help her with that.

Mrs. Webster

noted it was done in other rural counties and asked if Commissioner Wichman wanted it done at the culmination of the current term or by next week.

Commissioner Wichman

said the procedures were there and the Board could make a decision to change how it was done.

Mrs. Webster

said staff could have the process ready when a replacement for Robin Dorand-Rudolf was named.

Commissioner Schinhofen

stated he still wanted to opt out of unions for communities less than 100,000, but he did not think he would get anyone at the State levelto carry it.

Mrs. Webster

noted the animal services NRS amendment was assigned to

Commissioner Schinhofen

and payment for custody of dogs was assigned to

Commissioner Borasky

. She asked if that would be a collaborative effort or if one would take the combined responsibility.

Commissioner Schinhofen

said he would take it.

Commissioner Carbone

said he had been working on the fire department item so he would work with whoever else had been working on it. PLANNINGIBUILDING

Commissioner Wichman

did not like the wording of the recognition of Nye County RS2477 roads. It said the BLM Ely District Office had never officially recognized Nye County assertions, but they did not need to recognize it. She thought that could be July 19, 2016 37. For Possible Action Discussion and deliberation to approve a draft letter to the U.S. Bureau of Land Management (BLM) providing Nye County’s preliminary scoping comments regarding the Basin and Range National Monument.-Cont’d. changed to the BLM Ely District Office had been provided shape files of Nye County’s assertions, but she wanted to leave in the existence of such roads and continuous use must be acknowledged.

Commissioner Wichman

made a motion to approve with the amendments regarding the recognition of RS2477 roads that the BLM Ely District Office (EDO) had been provided shape files of Nye County’s assertions of RS2477 roads over public lands within the SNDO, and the existence of such roads and their continued use must be acknowledged; seconded by Commissioner Schinhofen; 5 yeas. PUBLIC PETITIONER

Commissioner Wichman

explained it was a clerical thing to change the point of diversion and there was no reason to come to the Board as Public Works handled it. She noted there were four water rights held by the County through the Road Department which were currently feeding the Amargosa cemetery, senior center, park, clinic, library, ambulance barn, and road maintenance. There was also a Road Department yard well which fed the community center, library, clinic, ambulance barn and cemetery.

Mr. Cottingim

pointed out the town paid half the cost of the maintenance and repair of that well.

Commissioner Wichman

felt Mr. Cottingim was making it sound like the toad dedication water rights were taken just for road maintenance, which was not true. She said this was exactly what the town should be doing, especially if it wanted to expand that park, but it was just a clerical thing to change an application for a point of use and did not need to come to the Board of County Commissioners. July 19, 2016 38. For Possible Action Discussion and deliberation regarding the transfer of water rights that are under Nye County road dedications in Amargosa Valley. Cont’d.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schin hofen. Pam Webster pointed out the lease for the park was in the County’s name and asked if it was the intention to get it moved into the town’s name.

Mr. Cottingim

said it was. A plan for the expansion and completion of the other 20 acres had been submitted and currently they had 82.5 acre feet of water. They were using 75 acre feet, so they would need this extra water to develop that plan. BLM stated about a year and a half ago that once the park was developed to those specs and they approved it Amargosa could buy the park for $1.00 an acre. Mr. Cottingim said they would definitely entertain being able to transfer the lease right now since the town paid all the expenses.

Commissioner Wichman

clarified her motion that it was for the change in the point of use.

Mrs. Webster

stressed this was not a transfer of ownership.

Commissioner Carbone

knew Ken Plewe had been working with them on this application and he asked Mr. Carlo for a status on that.

Commissioner Schinhofen

explained the RECA was basically established for Downwinders and this wanted to expand it to cover further areas. Nye County was noticeably absent for most of that which bothered him, but he did not think others should be left out because of that.

Commissioner Schinhofen

made a motion to support it with the inclusion of Nye County in the letter; seconded by Commissioner Carbone; 5 yeas. July 19, 2016

Commissioner Schinhofen

said anyone interested could go to the Web site, click “Notify Me” at the bottom left and they would get it on their computer.

Commissioner Carbone

added they could also pick up the phone and call. Richard Goldstein asked what happened with the civilian review board established almost a year ago.

Commissioner Carbone

said he would bring Mr. Goldstein up to speed on the Peace Officer Review Board. John Bosta thanked the Board for supporting the request for the Town of Amargosa. Regarding the fire district, he asked if Commissioner Carbone was suggesting a BDR to change the NRS. When Commissioner Carbone responded yes, Mr. Bosta stated the town would appreciate assistance as that moved forward.

Commissioner Wichman

advised that on the next agenda there would be a letter going to the BLM Ely District Office concerning the basin and range. The deadline on that was either August 1, 2016 or July 30, 2016. She sent an e-mail to the district manager and asked for a few more days so it could be heard on August 2, 2016. After discussions with the State Director it was agreed that extending the public comment period for three days was in the best interest of all concerned, so it was extended through the close of business on August 3,2016. July 19, 2016 Sam Merlino spoke about the item in the paper regarding the voter registration issue. She advised she was aware of it before the primary and had been working with the State. She assured everyone it would not change the results of the primary election.

Commissioner Carbone

announced Valley Electric would have a school supply drive on July 30, 2016, in front of Smith’s.

Commissioner Cox

added they were doing it in front of all three stores now.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of (L’,uj , 2016. C

Chair Ny

Coty Clerk I Deputy