September 6, 2016

Commissioner Wichman

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

Commissioner Wichman

advised there would be a scoping meeting for the Fallon Naval Air Base. They were wishing for an expansion at the same time the Nellis Air Force Base was looking for expansions and she asked anyone with concerns to attend. She was extremely concerned about it in the north part of the County because it encroached on some stock water rights, irrigation rights, and grazing permits. She was also nervous about losing taxable land mass when the County was trying to get medical services in the north. Darrell Lacy, Planning Director, said several things were hitting the County right now and he definitely needed some help. He explained the Fallon Air Force base was expanding with an additional 600,000 acres of withdrawn land, NeWs was expanding with an additional 300,000 acres of withdrawn land, and the West-Wide Energy Corridor was reviewing their corridors which the air force expansions impacted. He pointed out the County had always looked at those corridors as necessary to have any solar project development in the rural areas.

Commissioner Wichman

then mentioned on September 13, 2016, there would be a workshop up north with the incoming trustees of the hospital district. She was telling this Board about it because she wanted the board of trustees involved in bringing things September 6, 2016 forward. She would present the board of trustees with information and then bring it back to the Board of County Commissioners. Also, Commissioner Wichman had an appointment later this week with the CEO of Renown and hoped to give some updates on that.

Commissioner Wichman

said she would host a NACO workshop on federal land management laws on September 9, 2016, and then announced she had been appointed to the Public Lands Steering Committee for National NACO again.

Commissioner Cox

said the Pahrump Fall Festival would be September 22-25, 2016, and applications for a booth or the parade were available at the Chamber of Commerce. Sam Merlino advised she would be attending the County Fiscal Officers Association conference next week in Fallon. She would look at election equipment to get an idea of what would be needed for the future and would keep the Board updated. Richard Goldstein said Community Group 651 would hold a food drive this Saturday at Smith’s Market to benefit the VFW food bank. They would also sell tickets for a car wash to be held September 11, 2016, at Draft Picks from 8:00 a.m. to 4:00 p.m., as well as for a chili dinner to be held at the Senior Center this year. Additionally, GI Issue would hold a 9/11 event the evening of September 11, 2016. Home Depot had donated their parking lot to the event and would provide transportation from Home Depot to the shopping center. Lastly, Mr. Goldstein advised the American Veterans Foundation of Pahrump’s monthly meeting would be this Thursday at 1:30 p.m. at Nye Community Coalition, Room 31.

Commissioner Borasky

advised Riverside County joined the Quad-State Local Government Authority, which he thought would be a huge improvement to Quad-State as Riverside County was large.

Commissioner Carbone

asked Commissioner Borasky to have an update on Quad State at the next meeting.

Commissioner Borasky

clarified his statement at the last meeting regarding not supporting the Nye County Governing Water District for Nye County. He still did not support it and thought the Commissioners needed to take it over, which was his personal opinion and his only. September 6, 2016 7. Commissioners’IManager’s Comments (This item limited to anno uncements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Cox

stated her support of Commissioner Botasky on the water board.

Commissioner Wichman

said there would be items coming up on an agenda soon that dealt with the Northern Nye County Hospital District.

Commissioner Carbone

commented there had been a lot of discussion in the past months on items that talked about growth in the valley and he had assign ed Darrell Lacy to look at slowing down the growth. He also mentioned the Bell Vista shooting range and how people who used it left it very messy with the junk they shot up.

Commissioner Carbone

asked people to take out the stuff they brough t in and to also stop shooting the signs. Lastly, Commissioner Carbone advised the NSSAB needed a new liaison and that would need to be put on the agenda as his term ended this coming month.

Commissioner Wichman

suggested doing the same thing for the hospita l district and she could be formally appointed the liaison for that. Pam Webster said she was in discussion with the FAA regarding the airport. There would be an item coming up in the next 60 days regarding the airport and the status of the forecast that was just completed by the FAA. She would also bring forward quite soon a request to refill the position of code compliance officer as well as a request to fill the Assistant County Manager position after the 90 day waiting period. Regarding the termination of Bill Browning, Commissioner Cox asked if he would be replaced.

Mrs. Webster

stated he was employed by Charles Abbott and they had already assigned someone to that position. PLANNINGIBUILDING

Commissioner Wichman

made a motion to accept the dedication as a minor County toad but to reject the maintenance responsibilities.

Commissioner Carbone

noted the actual drawing showed very specific dimensions that were a little different than the paperwork (the 60 and 75 feet as outlined in the engineering drawing). He asked that be added to the motion. September 6, 2016 33. For Possible Action Offer of Dedication of Street/Road Right- of-Way: Discussion and deliberation to accept an offer for dedication to Nye County of portions of Assessor Parcel #s 027-351-05 and 027-341-08, Pahrum p, for public street/road purposes. Valley Electric Association Property OwnerlAppli cant. Cont’d.

Commissioner Wichman

amended her motion to include that; seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve the restrictive covenant; seconded by Commissioner Borasky; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Comm issione rs. 9. For Possible Action General road report by Public Works Road Superintendent Wade Christensen, District Road Supervisor in Pahrump, was present.

Commissioner Borasky

said he would send an e-mail about potholes on Money Street. He then noted the trees in that particular neighborhood south of Gamebird growing in the ditches and getting out into the road and asked that those be looked at before limbs scratching up cars became an issue.

Mr. Christensen

said it had been challenging for them being out of town workin g on other projects like the Bob Ruud Memorial Highway. They were also workin g in Crystal now on the flood control. He said crews were coming back into town and they could start getting caught up on some of the maintenance issues that were about eight months behind.

Commissioner Ccx

said it had gotten to the point that there were so many potholes coming continuously she could not keep up with them and thought it might be advantageous for someone to drive up and down the streets and fill pothol es.

Mr. Christensen

said they would consider that, but typically if they were going to do that kind of set up they did the major roads, and then the minor roads coming off those, and then they worked into the neighborhoods.

Commissioner Carbone

asked if the Bob Ruud Memorial Highway was complete. Mr. Christensen advised the crews were putting in the delineators, and there was a little September 6, 2016 9. For Possible Action - General road report by Public Works Road Superintendent Cont’d. clean-up work as well as signs to put up, but they were winding down. In a couple of weeks they should be all wrapped up, at which time they would remove the 45 mph work zone signs to go back to the 55 mph and maintain the 13 ton control. John Bosta said there was a sign on Bell Vista from Amargosa about a quarter mile into California that said they were working on the road and there would be a stop for up to 30 minutes. He did not know if the sign was installed by Nye County or California, but since the flagman and the 30 minute wait was no longer possible he hoped someone would take a look at removing the sign.

Mr. Christensen

advised his crews put that sign up, and there was also a reader board at the Death Valley Junction they would remove when all construction ceased on the Bob Ruud Memorial Highway. He explained the 30 minute delay was because there may be an instance where they needed to use a flagman and that timeframe was a catchall limit.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 10. For Possible Action Discussion and deliberation regarding the budget status for the Town of Pahrump for Fiscal Year 2016, budget projections and possible actions. Pam Webster advised this information was premature as there was still data to input into the system which would be finished by either today or tomorrow and she would have final financials at that point.

Commissioner Wichman

made a motion to approve items 11-15; seconded by

Commissioner Borasky

; 4 yeas. September 6, 2016 12. For Possible Action — Approval of Assessor’s Office Change Requests

Commissioner Wichman

made a motion to approve items 11-15; seconded by

Commissioner Borasky

; 4 yeas. 13. For Possible Action Approval to accept a grant award from the Community Services Block Grant (CSBG) Discretionary Funds in the amount of $15,000. Through this grant, Nye County will enter into a Sub-recipient agreement with NyE Communities Coalition who will provide an employee to work in the Health and Human Services Office to provide case management for clients enrolled in the CSBG Adult Employment Incentive Program. There is no County match req ui red.

Commissioner Wichman

made a motion to approve items 11-15; seconded by

Commissioner Borasky

; 4 yeas. 14. For Possible Action Approval to accept the State of Nevada Emergency Response Commission’s (SERC) FY17 “United We Stand” Planning, Training & Equipment grant in the amount of $19,255 for equipment. This grant will be administered out of Fund 10340 Grants and there is no county match required.

Commissioner Wichman

made a motion to approve items 11-15; seconded by

Commissioner Borasky

; 4 yeas. 15. For Possible Action Approval to accept the State of Nevada Emergency Response Commission (SERC), Mid-cycle Hazardous Materials Emergency Preparedness (HMEP) 2016 grant award in the amount of $25,924 and there is no county match required. This grant will be managed by Emergency Management.

Commissioner Wichman

made a motion to approve items 11-15; seconded by

Commissioner Borasky

; 4 yeas. BOARD OF COMMISSIONERS 16. 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. 17. 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. September 6, 2016 18. 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. 19. For Possible Action Discussion and deliberation regarding nominations to the Rural Nevada Development Corporation’s (RNDC) Board of Directors. Pam Webster confirmed for Commissioner Wichman that both Joni Eastley and Trish Rippie requested to continue on this board.

Commissioner Wichman

made a motion to nominate Trish Rippie and Joni Eastley; seconded by Commissioner Cox. Tim Sutton advised he had checked with RNDC regarding requirements pursuant to their by-laws but had not heard back from them yet. He asked to make the motion subject to the restrictions in their by-laws.

Commissioner Wichman

amended her motion to include that.

Mr. Sutton

explained his only concern was in the back-up Mrs. Eastley was listed as a County Commissioner and he did not know if that was a requirement.

Commissioner Cox

amended her second; 4 yeas. 20. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action. Lloyd Rowland said they had complied with everything the Board asked for, although it was still in progress.

Commissioner Cox

said it still looked bad and people were still complaining. She pointed out that Mr. Rowland already had more than 30 days now.

Mr. Rowland

advised he had been in and out of the hospital for the last three months, but progress was being and had been made.

Commissioner Cox

asked if they were the people moving everything over onto the property at Wilson and Blagg.

Mr. Rowland

explained people were leasing two of his trailers there. September 6, 2016 20. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump. Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action.-Cont’d. Carolyn Hock admitted everything was not done, but pointed out it was not going to be done in 30 days because of the heat and Mr. Rowland being in the hospital. However, she felt a whole lot of improvement had been made and asked the Commission to take that into consideration. She reminded the Board she had requested more than 30 days in the beginning.

Commissioner Cox

asked if everything was going to be moved to the new location they had.

Mr. Rowland

indicated his new location was the landfill.

Commissioner Cox

stated the issue was putting everything in the backyard, putting up a fence, and making it compatible with the neighborhood. She added the zoning and building departments also had criteria to be met regarding residential property. She said she would like Mr. Rowland to meet the requirements of a residential neighborhood, satisfy his neighbors, satisfy the laws that applied as far as zoning and building, and do it in a very moderate amount of time. She reminded Mr. Rowland he already had 45 days or so.

Mr. Rowland

mentioned being told he had to have a permit for the swimming pool and needed to take it down, but when he checked he learned he did not have to have a permit because it was not permanent.

Commissioner Cox

said no one told him he had to take down the pool.

Commissioner Wichman

said the Board found there was a nuisance and it was her understanding that a nuisance was something that was a threat to the health, welfare and safety of the neighborhood. A question was asked about the swimming pool during the Commission meeting if there was water in it as without a fence around it would be an attraction to a small child and a safety concern to the neighborhood. If there were other issues concerning the way things were built, those went to Planning for code compliance. If there was no longer anything there that was a risk to the health and safety of the neighborhood then it was Commissioner Wichman’s opinion that the nuisance should be lifted. Ann Hare said she took fresh pictures this morning. The newspaper had also taken pictures and did not see it was a nuisance. Additionally, the fire chief said he did not see a fire hazard. September 6, 2016 20. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road. Pahrump. Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 201 6-66, adopted on July 12, 2016; and possible abatement action.-Cont’d.

Commissioner Carbone

noted rodents not normally seen in the area were showing up. If the Board was going to give more time they needed some evidence that things had been done. Fences being up properly would help with the nuisance as well as the area being kept clean with no storage of things that would bring animals to the valley.

Commissioner Carbone

then told Commissioner Cox it was up to her if she wanted to give them more time.

Commissioner Cox

asked how many trailers were left on the property.

Ms. Hare

said there was a tool trailer behind the semi. They also had an RV and one other, both of which were in the backyard. She stressed they had decreased everything there just like the Board asked.

Commissioner Cox

asked if there was a gate that was opened and closed on a regular basis, to which Mr. Rowland replied yes.

Commissioner Cox

asked about the report from the fire department which was not in the back-up. She understood it indicated there may be some problems with the property along with a pretty large rodent found in a neighbor’s yard. She was not sure where to go with this at this point. If it was no longer a nuisance then it needed to be turned over to building and zoning, but that would only eliminate part of the problem. Mary Dixon, who resided at 1391 Dyer, said on July 12, 2016, the Commission gave Lloyd Rowland and Ann Hare 30 days to clean up the property and it had now been 57 days. The pictures showed the property had not been cleaned up properly, and one of the greatest concerns was rodent infestations. She advised a neighbor’s cat killed a 14 inch rat in August. Kay Kozma, who lived at 1081 Dyer Road, said today was their third meeting with the Commission about this nuisance complaint. At the July 12, 2016, meeting the owner and tenant were given a 30 day citation to remove the items. This matter was omitted from the agenda on August 16, 2016, which gave them 30 more days. Since that meeting they had removed items mostly from the front yard, but the backyard and side yard were still full of items, i.e., three trailers, a camper shell, a huge semi trailer, piles of tires and animals.

Commissioner Carbone

suggested Commissioner Cox pull people together to check the property out and declare if it was or was not a nuisance and then bring it back at the next meeting. September 6, 2016 20. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action.-Cont’d.

Commissioner Cox

asked if anyone had the report from the fire department. Pam Webster said she had it, but had not had a chance to get it to the back-up and would look for it if the Board wanted to delay this item.

Commissioner Carbone

did not want to delay it any longer.

Commissioner Cox

said if the Board was to believe what was said about the rodent and the testimony from the surrounding neighbors she would have to say there was still stuff on both sides and in the front yard. She still felt it was a safety hazard due to rodents in the neighbors’ yards.

Commissioner Wichman

said she heard everything was vehicles, trailers and steel, but household garbage would attract rodents and if they were throwing household garbage out there that was a health and safety issue for the community. If Commissioner Cox wanted less junk around the man’s yard that was a compliance issue that either went through code compliance or a civil complaint was filed or the Sheriff’s Office was contacted. She stated it was not the duty of this Board to determine whether one man’s property fit in with the neighborhood or not. If Mr. Rowland was risking the safety of the children and the neighborhood by his actions on his property, then by all means it was the Board’s job to determine if there were health, welfare or safety issues that threatened the community. Commissioner Wichman was concerned about

Commissioner Cox

getting herself pulled into a situation where there were neighbors battling over a junky yard. Commissioner Wichman asked Commissioner Cox to protect herself and not do that. She should look for something when she went out that was truly a safety, health and welfare issue that threatened the public in general, not just the next door neighbor.

Commissioner Carbone

told Commissioner Cox she had until the next meeting to make the determination. Robert Marburger, who lived on Diamond Bar Estates, felt someone was not enforcing the codes. This same gentleman and his family must not care about anybody because everything was going to Wilson and Blagg, including the swimming pool.

Commissioner Cox

asked Tim Sutton if the Board was legally able to send an inspector in to look for hazards. Mr. Sutton explained a warrant would be needed for that.

Commissioner Cox

asked Mr. Rowland if this was delayed to the next meeting if he would allow County inspectors on the property without a warrant to make a complete September 6, 2016 20. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, Nevada as determined by the Board of County Commissioners on July 12, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-66, adopted on July 12, 2016; and possible abatement action.-Cont’d. report for the next meeting. Mr. Rowland said yes and noted he allowed Officer Lewis to do his inspection.

Mr. Marburger

added Mr. Rowland was also running a business on Wilson and Blagg.

Commissioner Cox

directed staff to visit the property at 1141 Dyer Road and bring back a safety report for the next meeting on September 20, 2016. TIMED ITEMS 8. 1 0:45 For Possible Action Discussion and deliberation to accept a Business - — Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 2016-07 pertaining to Prostitution.

Commissioner Wichman

noted the back-up stated this was neutral, but it was not neutral as the Sheriff’s Office was increasing inspections and the time involved in that was money. She questioned accepting a business impact statement that said it was neutral when it was going to cost staff time. Pam Webster advised she received two communiqués from businesses today not received in a timely manner for notification. She has not had a chance to review them, but the Board could either table this item or stand on the July 13, 2016, deadline already in place. Tim Sutton asked if the statutory 15-day notification was met. Lorina Dellinger advised they were sent out on June 23, 2016, and the request was to come back Wednesday, July 13, 2016.

Commissioner Wichman

said when the Legislature put this requirement in place it was supposed to provide information and it was not clear on a number of spots. If the Board was going to do something that would increase the requirements of staff then there was going to be a cost involved, and if the Board put things in place that affected small businesses she wanted to know those affects. Letters did go out and Commissioner Wichman thought this was to get information from the businesses as well as the County and make a determination based on facts instead of feelings. She felt the business impact statement provided to the Board by its own staff was not considering what the Board needed to know. Since two items that had to do with this same industry were put off until September 20, 2016, Commissioner Wichman asked if all of this could be gotten together at the same time. September 6, 2016 8. 10:45 For Possible Action Discussion and deliberation to accept a Business - — Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 2016-07 pertaining to Prostitution.-Cont’d.

Commissioner Carbone

said he had no problem if the Board wanted to make that decision. This item was continued until September 20, 2016. Marc Risman, appearing on behalf of Dennis Hof, asked for a copy of the County business impact statement and said he would like the opportunity to submit one on behalf of Mr. Hof in a few days.

Commissioner Wichman

stated it must be provided by 5:00 p.m. today as the deadline for the back-up for the next meeting was today. When Mr. Risman asked for an additional 24 hours as he did not become aware of this until last night, Commissioner Wichman pointed out the notification letter set July 13, 2016, as the deadline. Mark Connot apologized for the delay as he thought someone else had accomplished this on behalf of his client. 21. For Possible Action — 21 a. For Possible Action Discussion and deliberation directing the Sheriff to conduct an investigation regarding Area 51 Death Valley Cathouse and the Chicken Ranch brothels in possible violations of Nye County Code Chapter 9.20 Prostitution and NRS 201.430 (unlawful advertising of prostitution). This item was removed from the agenda. 21b. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a show cause hearing on the Area 51 Death Valley Cathouse and the Chicken Ranch brothel licenses. This item was removed from the agenda. 22. For Possible Action Discussion and deliberation on approval to submit a letter to the Nevada System of Higher Education Board of Regents voicing Nye County’s concerns regarding issues surrounding the University of Nevada’s Cooperative Extension Program (UNCE), including the proposed consolidation of Cooperative Extension with the College of Agriculture, Biotechnology and Natural Resources.

Commissioner Wichman

advised this was her letter and while she could have sent it out as an individual, she thought it would have more impact coming from the Board. September 6, 2016 22. For Possible Action Discussion and deliberation on approval to submit a letter to the Nevada System of Higher Education Board of Regents voicing Nye County’s concerns regarding issues surrounding the University of Nevada’s Cooperative Extension Program (UNCE), including the proposed consolidation of Cooperative Extension with the College of Agriculture, Biotechnology and Natural Resources.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. PUBLIC ADMINISTRATOR 23. Quarterly report from the Public Administrator The report was in the back-up.

Commissioner Carbone

noted the quick recovery being made and said he appreciated the inclusion of additional numbers. Public Administrator Ginger Stumne advised her deputies must now attend a training class and have ride-alongs. She had one deputy sworn in, Harvey Johnson, as well as herself and Ski. She was also pulling together a real estate for probate class that realtors must attend if they were interested in selling property. TREASURER 24. Treasurer’s Report The report was in the back-up. JUSTICE(S) OF THE PEACE 25. For Possible Action Discussion and deliberation for approval of out of country travel for Justice of the Peace, Jennifer Klapper to attend the American Judges Association Annual Education Conference in Toronto, Ontario.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Ca rbo ne.

Commissioner Borasky

asked why in Canada instead of the United States.

Commissioner Carbone

explained it rotated from one state to another and this one just showed up in Canada. He did wonder if she would discuss with this with the other Justices of the Peace. September 6, 2016 25. For Possible Action Discussion and deliberation for approval of out of country travel for Justice of the Peace, Jennifer Klapper to attend the American Judges Association Annual Education Conference in Toronto, Ontario.-Cont’d.

Commissioner Wichman

believed she would as the Justices of the Peace had regular meetings.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Cox; 4 yeas. COUNTY MANAGER 27. For Possible Action Discussion and deliberation regarding a request to: I) Set a date, time and location for a Public Hearing on Nye County Bill No. 2016-08: A Bill proposing to amend Chapter 2.52, Public Administrator, of the Nye County Code to include provisions of Assembly Bill 293 passed during the 2015 Session of the Nevada Legislature; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Wichman

made a motion to set a date and time as October 4, 2016, at 10:45 a.m.; seconded by Commissioner Carbone; 4 yeas.

Commissioner Wichman

read the title of the bill into the record. 28. For Possible Action Discussion and deliberation regarding a Cooperative Agreement to Lease between Nye County and the Nevada System of Higher Education for office space in the Old Courthouse in Tonopah.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Bo rasky. Pam Webster said a correction was needed. She explained this was the Ag Extension space the County leased for $1.00. The County also paid the utilities out of their fund when they were generating income from property taxes, but the County would no longer do that so the clause that the County would pay their utilities must come out.

Commissioner Wichman

withdrew her motion; Commissioner Borasky withdrew his second. September 6, 2016 28. For Possible Action Discussion and deliberation regarding a Cooperative Agreement to Lease between Nye County and the Nevada System of Higher Education for office space in the Old Courthouse in Tonopah.-Cont’d.

Commissioner Wichman

made a motion to approve contingent on those corrections; seconded by Commissioner Borasky; 4 yeas. 29. For Possible Action Discussion and deliberation to change the location of the second meeting of the Board of Commissioners for Tuesday, September 20, 2016 to Tonopah, Nevada.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wich man.

Commissioner Borasky

advised he would have to attend in Pahrump as he had to take someone to the airport.

Commissioner Wichman

asked Lorina Dellinger to make sure the error in the header and throughout the document was corrected to read the State Division of Natural Resources, not the County of Natural Resources.

Mrs. Dellinger

said that correction would be made when the agreement came up for renewal. This was just to modify the source of funding for this particular contract which was already in effect.

Commissioner Carbone

said it had been suggested to pull it from the general fund, but he did not believe there was money in the general fund for this. Savannah Rucker explained she had suggested the general fund because that was where the endowment fund was collapsed into. Pam Webster suggested taking it out of contingency and budget it for next year if the agreement was continued.

Commissioner Wichman

made a motion to approve taking it out of contingency this time; seconded by Commissioner Borasky. September 6, 2016 30. For Possible Action Discussion and deliberation to modify the source of funding for a Cooperative Agreement with State of Nevada, County of Conservation and Natural Resources Division of Forestry to provide Wildiand Fire Protection approved by the Board of County Commissioners at their November 19, 2013 regular meeting.-Cont’d.

Commissioner Carbone

noted this would be $50,000.00 from contingency.

Mrs. Webster

stated there was $200,000.00 in contingency this year and this would leave $150,000.00. John Bosta asked if this was just providing funds to the State or for fire protection using equipment and manpower here in the County.

Commissioner Wichman

explained this provided funds for the unit that fought the fires. They had all the equipment that they brought in. This was a mutual aid agreement that helped with the cost and kept the Nevada Division of Forestry Conservation Camp open and running.

Mr. Bosta

stated his understanding that the federal government was responsible for fire protection on their land. If there was a fire department in that district they could put out fires on structures only. He asked why the County was taking tax dollars and giving it to the State to protect fires on their own property which was their responsibility.

Commissioner Wichman

advised there was a conservation camp run by the Forest Service in northern Nye County. If any community in Nye County had a fire and needed resources they could be called and they would come out and fight the fires wherever they were no matter whose property it was on. If they needed help on their property they could call the County’s fire departments as well and the County would respond. The Legislature always threatens to whittle back the budget of the Division of Forestry so the County provided this and helped to keep that resource available to it.

Mr. Bosta

pointed out there was no ordinance allowing the County to have a fire department and there was no authority for the Board to use the town fire departments. Tim Sutton confirmed the agreement had been reviewed and there were no issues. Commissioners Carbone and Cox stated their concerns with the money.

Mrs. Webster

reiterated the contract was already approved and would have to be paid.

Commissioner Cox

voted no. September 6, 2016 31. For Possible Action Discussion and deliberation regarding the budget status for Nye County for Fiscal Year 2016. budget projections and possible actions. This item was removed from the agenda. PLANNING/BUILDING-Cont’d. 32. 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. 2016-11: a Bill proposing to adopt a Development Agreement between Nye County and Beazer Homes Holding Corp. for the Burson Ranch Tesora (d Pahrump residential subdivision; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Wichman

made a motion to set a date, time and location for October 4, 2016, at 11:00 a.m. in Tonopah.

Commissioner Carbone

asked for it to be set for October 18, 2016.

Commissioner Wichman

amended her motion to October 18, 2016, at 11:00 a.m.; seconded by Commissioner Carbone.

Commissioner Wichman

expressed her concerns about the water implications and said the recommendations of the RPC and the water district governing board needed to come forward with the development agreement. Also, there was a performance bond in there for $19 million which was being moved to $5 million. She asked Darrell Lacy to look at those three things before it came back.

Commissioner Wichman

read the title of the bill into the record PLANNINGIBUILDING-Cont’d.

Commissioner Wichman

made a motion to approve PM-2016-000019/WV-2016-000023 based on the findings listed below and subject to the conditions as listed in the report. September 6, 2016 35. For Possible Action PM-2016-000019: Discussion and deliberation to approve a Parcel Map application proposing to divide 40-acres of property into three parcels of varying sizes of 26.11 acres, 11.71-acres and 2.23 acres, located in Sunnyside within the NE 1/4, SE 1/4, T7N, R 42E, Section 29. Leota Johnson — Property Owner, Lyle Yenglin of Baughman & Turner Applicant/Agent. AP# 013- 741 -05.-Cont’d. The findings were the proposed map was consistent, the design and improvements of the proposed application were consistent, the site was suitable, and the Board of County Commissioners had reasonably considered this information. Darrell Lacy asked for one additional condition to be added, which was the surveyor either include a statement that no portion of the property exceeded a 5% slope or they provide a topo map.

Commissioner Wichman

amended her motion to add that; seconded by Commissioner Cox; 4 yeas. PUBLIC WORKS

Commissioner Wichman

advised she knew both of these individuals.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone. Tim Sutton commented that although it was worded that it just transferred the first amendment it was actually transferring the entire contract.

Commissioner Wichman

made a motion to accept and thank them for the donation. Lorina Dellinger explained staff was trying it put together a list to sell some excess property the County already owned. This could be added to the list, but it was not necessary. September 6, 2016 37. For Possible Action Discussion and deliberation concerning a request to accept donation of property more particularly described as Assessor’s Parcel No. 037-231 -1 9.-Cont’d.

Commissioner Carbone

noted it was too small for a well or septic or flood control.

Commissioner Wichman

withdrew her motion. Tim Sutton added the County would also lose the tax revenue on it.

Commissioner Carbone

made a motion to deny acceptance of the property; seconded by Commissioner Borasky; 4 yeas.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of C’* O\Q.A( , 2016. .4 ir hair Nye Couy Clerk I Deputy