Page 1. Also present: Lorina Dellinger, Director of Administrative Services; Kelly Sidman, Deputy Clerk; Maria Ziotek, Chief Deputy District Attorney

Transcription

1 Page 1 Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye County Board of Highway Commissioners, Nye County Licensing and Liquor Board, as the Governing Body of the Unincorporated Town of Pahrump, as the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Northern Nye County Hospital District Board of Trustees, was held at 10:00 a.m. in the Commissioners Chambers, 101 Radar Road, Tonopah, Nevada Frank Carbone, Chair Dan Schinhofen, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Donna Cox, Commissioner Sandra L. Merlino, Ex-Officio Clerk of the Board Angela Bello, District Attorney Sharon Wehrly, Sheriff Pam Webster, County Manager Also present: Lorina Dellinger, Director of Administrative Services; Kelly Sidman, Deputy Clerk; Maria Ziotek, Chief Deputy District Attorney Not Present: Angela Bello, District Attorney; Sharon Wehrly, Sheriff 1. Pledge of Allegiance The Pledge was recited. 2. Approval of the Agenda for. Pam Webster stated items 6, 10, 35, 42a, 42d, 42e, 421, 43 and 44 could be removed from the agenda. Linda Hatley asked to have item 12 moved up. 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 (first). Linda Bromell said she filed a complaint with the County Commission about four years ago regarding the Public Administrator s Office, which the Board directed the previous District Attorney to investigate per NRS. She had contacted four of the Commissioners on numerous occasions regarding the investigation and had not received an answer. Even though state law required an investigation, it was never done. Ms. Bromell felt the Board should explain where the lack of oversight was and how they would ensure it did not happen again.

2 done on Deputy Public Administrators and they could be convicted felons. The new Ms. Bromell further stated one of her complaints was that background checks were not not be taken on the matters considered during this period until specifically included on an agenda as an action item ffirst).-cont d. 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will Mrs. Webster to take down those signs. and the judge only had control over the courtroom. He asked the Commission to direct Sam Jones talked about the County cars and employees still parking in the public government complex doors about firearms, Mr. Jones noted that was a public building park somewhere else so the public could use it. Also, regarding the signs on the parking lot and asked the Commission to have Mrs. Webster put up a notice for them to discussed the homeless problem at the park and what was being done to help them and get them out. event and reminded the community the Vietnam Wall was coming in. He then Ron Fairbairn thanked everyone who came out and supported the 9/11 glow sticks there were six RV trailers, although it was not an RV park per Code, and there were stated she wanted her well and property protected. Clara Cook, who resided at 60 E. Wilson Road, said she did not care what Ms. Kaufman electrical wires which could cause a fire that could spread to other properties. Ms. Cook coming into Pahrump if water was left to get stagnant and draw mosquitoes. She noted groundwater contamination due to the tires on the property as well as West Nile Virus did as long as Ms. Cook s well did not get contaminated. She expressed concern with brochures. get medical, dental and/or vision services with no questions asked. Mr. Pawlak left Coalition to remind everyone of the Remote Area Medical (RAM) event for residents to Susan Holecheck was present with John Pawlak on behalf of Nye Communities bought it from them and set it up. Lloyd did not bring their pool to Ms. Kaufman s property and set it up. Ms. Kaufman Kaufman resented the implication they were that blatantly irresponsible. Also, Ann and and Wilson. She stated the tires would not collect water, they did not have a flea market, they did not bring in items all the time, and they did not produce clouds of dust. They had not let fluids spill onto the ground from any automobile stripping and Ms. Renee Kaufman addressed the allegations regarding the property she lived on at Blagg the new Public Administrator. the Sheriff s Office that she witnessed a crime, If she did not, then she should not be July, 2016 because she actually saw people stealing. Ms. Bromell hoped she notified June, 2015 to current, yet she stated in The Mirror that she left from December, 2015 to Public Administrator stated on her resume she was a Deputy Public Administrator from Page 2

3 car washes, wristband sates, and sales of shirts. the dark program. They advised they were moving forward and generating money with David and Susan Gresham thanked the Board for its help and support with the light in not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-cont d. 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will 2016; seconded by Commissioner Borasky; 5 yeas. Commissioner Schinhofen made a motion to continue the public hearing to October 4, Commissioner Carbone opened the public hearing. adopt, amend and adopt, or reiect the IAFF Local 4068 Bargaining Agreement :30 - For Possible Action Public Hearing, discussion and deliberation to SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP Sheriff Wehrly was present. There was no action taken. issues and other personnel matters presented in closed meeting. 28. For Possible Action Discussion and deliberation on labor negotiations, The Board was in a closed meeting. other personnel matters. County s management representatives regarding labor negotiations, issues and 27. Closed meeting, pursuant to NRS for purposes of conferring with the Commissioner Schinhofen made a motion to go into closed meeting; seconded by Commissioner Borasky; 5 yeas. labor negotiations, issues and other personnel matters. purposes of conferring with the County s management representatives regarding 26. For Possible Action Closure of meeting, pursuant to NRS for BOARD OF COMMISSIONERS SITTING AS THE BOARD OF COUNTY COMMISSIONERS Page 3

4 and Liquor Board, the Governing Body of Unincorporated Town of Pahrump, the and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the August 16, Northern Nye County Hospital District Board of Trustees regular meeting for County Board of Commissioners, Board of Highway Commissioners, Licensing Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, 4. For Possible Action - Discussion and deliberation of Minutes of the Joint Nye Deutch Park. Commissioner Carbone said Pumpkin Days would be October 21-23, 2016, at the Ian September 11, 2016, for the First Responder Memorial. Commissioner Schinhofen said he and Commissioner Carbone were at the Eye on 10:00 a.m. at the Artesia Clubhouse. District Attorney and Coffee with the Commissioners would be on October 1, 2016, at Commissioner Borasky reminded everyone the Fall Festival was this weekend, Thursday through Sunday with the parade on Saturday. Also, the next Donuts with the meet in chambers on Thursday at 10:00 a.m. Attorney General would be in chambers tomorrow at 1:30 p.m., and the BLM would Commissioner Cox announced two meetings that were being held this week. The 5. Announcements (first) SITTING AS THE BOARD OF COUNTY COMMISSIONERS 2016, not October 7, 2016; seconded by Commissioner Borasky; 5 yeas. Commissioner Schinhofen made a motion to approve with the correction of October 2, Commissioner Cox said under item 5, Announcements, October 7, 2016, needed to be corrected to October 2, 2016, in Pam Webster s comments regarding the RAM event. Commissioner Wichman advised he did not make an indication. or what board. Commissioner Cox commented under item 3, in the second paragraph where Robert Adams spoke about the Open Meeting Law, it did not indicate what he was addressing second. Commissioner Schinhofen withdrew his motion; Commissioner Wichman withdrew her Commissioner Cox said she had some corrections. Wichman. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Page 4

5 this weekend. Richard Goldstein said the moving Vietnam Wall would be at Simkins Park with the Commissioner Wichman advised the gathered horses would be adopted out in Tonopah 5. Announcements (first)-cont d. touch with Mr. Trilops if there was something he should hear before October 4, one with Commissioner Borasky and she encouraged Commissioner Borasky to get in a presentation from Metier s representative, Larry Trilops, which was already given to two of the incoming trustees. The only interview Mr. Trilops was not able to secure was Commissioner Wichman said at the October 4, 2016, meeting the Board would receive had absolute control in the courtroom. help with that. Commissioner Schinhofen was also troubled by The Mirror article, but he buildings and did not have a problem getting rid of the sign, he pointed out the judge Lastly, while Commissioner Schinhofen did not have a problem with guns in County Commissioner Schinhofen responded to the items brought up in public comment. He understood the former District Attorney did do the one investigation that was asked for. working on the community garden and would welcome volunteers who would like to gave Ron Fairbairn an affa-boy for his efforts with the homeless. He said he was their employees whatever they wanted. agencies/companies that did not have to follow the Open Meeting Law and could pay Commissioner Borasky lamented the loss of good, County-trained employees to other legislative representatives and the commissions. Lastly, Mrs. Merlino advised Nye County would host CFOA next year (September 26-28, 2017) so she would put money in their budget to help so they would look at getting something from the couple of weeks. She did not have any prices, but the Secretary of State had not put something on the agenda for sponsorship and a few other things. some different election equipment and hopefully would bring something back in a the Chief Financial Officers Association (CFOA) conference last week she looked at would meet the military deadline of getting those out on Friday. Also, while she was at Sam Merlino advised her office would get absentee ballots in today or tomorrow and topics/issues proposed for future workshops/agendas) 7. Commissioners IManager s Comments (This item limited to announcements or This item was removed from the agenda. 6. For Possible Action - Emergency Items open 24 hours a day all weekend. There would be shuttle services between Simkins opening ceremony on Thursday at 2:00 p.m.. The wall would be here until Sunday and and Petrack Parks. Page 5

6 district and a plan going forward. There would also be some MOUs coming up along with the bylaws for the hospital topicslissues proposed for future workshops/agendas)-cont d. 7. Commissioners /Manager s Comments (This item limited to announcements or Commissioner Schinhofen made a motion to approve with the correction as stated by Commissioner Wichman; seconded by Commissioner Borasky; 5 yeas. Mrs. Webster explained it assisted with public defender fees. Renee Kaufman asked what the grant did. Pam Webster advised the grant administrator s name would go on it. contract. Commissioner Wichman commented Mrs. Eastley s name needed to be replaced in the Commissioner Carbone opened the public hearing the Edward Byrne Memorial Justice Assistance Grant Program for fiscal year 8. 10:00 For Possible Action Public Hearing to solicit comments concerning TIMED ITEMS Commissioner Schinhofen suggested fining them rather than turning them around. staff to look at giving the authority to the landfill that if there was no cover on the vehicle trailers or pick-up trucks that other people, including him, were picking up. He asked Commissioner Carbone commented on the rubbish on the streets that fell off of people s when it came in that it got turned around and could not dump until it got covered. really apply. Commissioner Cox would follow up with the District Attorney on the issue. guns in the courthouse for quite some time. Legally that was not the courthouse but rather the County complex building, so the law that Judge Lane put forward did not Commissioner Cox said she had been working with the District Attorney on the issue of Page 6

7 Office of Justice Programs fojp), Bureau of Justice Assistance and Justice $12, for Nye County Justice Court to enter into an Agreement with US DOJ, accept a grant award #2016-DJ-BX-0868 from the US Department of Justice fdoj), Assistance Grant (JAG) Program. US DOJ, JAG Program in the amount of The motion to continue this item until October 18, 2016, passed with 5 yeas. October 18, Pam Webster advised item 10 would be back on October 4, 2016, and heard on seconded by Commissioner Wichman. Commissioner Schinhofen made a motion to continue this item until October 18, 2016; constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Set an effective date. Morals and Welfare, Chapter 9.20, Title Prostitution; providing for the severability, A Bill proposing to amend Title 9 of the Nye County Code, titled Public Peace and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No : :45 - For Possible Action Continued Public Hearing, discussion, and This item was removed from the agenda. business impact of Nye County Bill No pertaining to Prostitution. Business Impact Statement prepared pursuant to NRS to address the :45 - For Possible Action Discussion and deliberation to accept a The motion to approve passed with 5 yeas. Commissioner Borasky noted no County match was required. Pam Webster explained this item was approval of the grant and the previous item was just the public hearing for the grant. Wichman. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Grants. There is no County match required. Indigent Defense Program. This grant will be administered out of Fund JAG Program to provide funding to support the cost of Nye County, Nevada s 9. 10:00 For Possible Action Discussion and deliberation on approval to Page 7 September20, 2016

8 properly relating thereto; and 2) Set an effective date. severability, constitutionality and effective date hereof, and other matters proposing to amend Title 8 of the Nye County Code by repealing Chapter 8.40 thereby dissolving the Nye County Raw Milk Commission; providing for the :45 - For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nve County Bill No : a Bill Commissioner Schinhofen made a motion to continue this item and public hearing to October 18, 2016; seconded by Commissioner Cox; 5 yeas. Commissioner Carbone opened the public hearing. effective date hereof, and other matters properly relating thereto; and 2) Set an effective date. proposing to amend Chapter 2.84, Nye County Peace Officer Advisory Review reference to a Director ; providing for the severability, constitutionality and Review Board, setting forth its powers and duties, removing a superfluous Board, providing for alternate members of the Nye County Peace Officer Advisory Commissioner Schinhofen made a motion to reject this bill and continue this board and Commissioner Carbone asked that the motion include getting minutes approved and set Commissioner Carbone closed the public hearing. she was glad the Board would see this through. that just never made it to the State, which was the next step in the process. Linda Hatley said she had five people present that could talk, but if the Board decided to let it go that would be great. Michael DeLee stated miscommunication was the biggest issue with the board. They did meet in November and had adopted the regulations required under the statute, but Ann Bartley was interested in this subject as it was a very vital thing for the State and a time for getting the training done. give them 60 days to meet again, approve the minutes, and comply with the Open Meeting Law which Lorina Dellinger could help them with; seconded by Commissioner Wichman; 5 yeas :45 - For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No : a Bill Commissioner Carbone opened the public hearing. that anything had happened, but they did have a board that met last November and he was not inclined to get rid of this at this point. Commissioner Schinhofen said he asked for this to come forward as he had not found Page 8

9 Commission s approval of Conditional Use Permit Application CU to been operationally abandoned or discontinued for a period of six (6) consecutive allow a previously grandfathered use of land (Single Family Residence) which has discussion and deliberation on an Appeal of the Pahrump Regional Planning :00 - For Possible Action Appeal No. AP : Public hearing. Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS The motion to approve passed with 5 yeas. Commissioner Borasky commented that when the last Public Works Director was approved he voted no because there was no engineering background to go with the he would not vote the way he did last time. title. He still felt that way, but because of the loss of so many good County employees Mrs. Webster said they were looking at getting a professional engineer on staff. the past there was an engineer in the position. Commissioner Schinhofen asked if something for an engineer could be looked at as in working in the capacity of almost the Public Works Director. as the road superintendent for two years, and for the last several months he had been Mrs. Webster explained Mr. Carlo had been with the County for 20 years, most recently Schinhofen. Commissioner Wichman made a motion to approve; seconded by Commissioner Works Director. Pam Webster advised she was recommending Tim Carlo for the position of Public Manager s selection of Director of Public Works. 36. For Possible Action Discussion and deliberation to ratify the County COUNTY MANAGER No action was taken on this item. Darrell Lacy, Planning Director, advised the CUP application had been withdrawn. Avenue, AP# Thomas Yiatras Trust - Property Owner, Michelle Yiatras months or more, to restart on the subject property located at 3720 W. Mesquite Trustee AgentlApplicant. Byron Foster, et. al. - Appellant. Page 9 September20, 2016

10 corners, and the Manhattan road project had started. pothole patching, Bob Ruud was 100% complete except for the 30 delineators in the Sunday for the weekend festivities. Also, they were starting to get caught up with the Tim Carlo, Public Works Director, advised Basin would be closed Thursday through 15. For Possible Action - General road report by Public Works Director compliance. Commissioner Carbone emphasized this discussion was about a nuisance, not code Pam Webster advised that at the direction of the Board the Planning Department looked at the property as did Chief Lewis and their updated reports were in the back-up , adopted on July 12, 2016; and possible abatement action. and as ordered to abate the nuisance as set forth in Nye County Resolution No. Nevada as determined by the Board of County Commissioners on July 12, 2016 progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, 29. For Possible Action Discussion and deliberation regarding the status and BOARD OF COMMISSIONERS-Cont d. Schinhofen; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner would be funded 50% by the Town of Pahrump from the budget for the code compliance officer there, and 50% by Planning from a vacancy in that department, and the position would report to Planning. Pam Webster explained the position was not budgeted at the beginning of the year. It Commissioner Wichman asked if this position was budgeted. Compliance-Enforcement Officer Grade 12 on the NCEA pay scale. 39. For Possible Action Discussion and deliberation to advertise and fill a Code HIR AND RISK MANAGEMENT Commissioner Carbone assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS toward Bannavitch. Linda Hatley told Mt. Carlo about a large pothole off of Barney onto Quail Run going though he did not know where the money would come from. Commissioner Carbone said the chip seal program needed to be looked at again, even Page 10

11 , adopted on July 12, 2016; and possible abatement action.-cont d. and as ordered to abate the nuisance as set forth in Nye County Resolution No. Nevada as determined by the Board of County Commissioners on July 12, 2016 progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, 29. For Possible Action Discussion and deliberation regarding the status and the house, If there was no reasonable expectation of the occupants they could save Chief Lewis stated they were still concerned about personnel deployed to the back of around the building with fire equipment and Chief Lewis said he could do that now. Commissioner Schinhofen said one of his concerns with this property was getting to Mr. Lacy. Commissioner Cox read NRS and noted there was still miscellaneous junk on the property with as well as the fact that there was what appeared to be a rodent carried wondered at what point the Board took it from being a public nuisance and turned it over onto the neighbor s property that looked like it came from somewhere else. She the properly. She was also concerned with the political signs they were using to fence large amount of salvage material and junk. nuisance that had not been abated such as the RV5 still on the property along with a been cleaned up and the property appeared to be fully fenced. However, there were other activities on the property that the Board could potentially find constituted a public Mr. Lacy said there were improvements made in that materials in the front yard had in the resolution had been abated, not to re-debate whether there was a nuisance. Maria Zlotek cautioned this status check was for whether the nuisance found as stated Commissioner Wichman asked if the property had anything on it or anything taking place on it that met NRS 244, public nuisance. if it was still a public nuisance under NRS 244. there were multiple code violations on this property, but the Board needed to determine Darrell Lacy discussed NRS 244, public nuisance, and Code 17.04, nuisance. He said occupy that residence. issues. His goal was to create that reasonableness as to how they were going to Chief Lewis said they had to separate the nuisance issues from the egress and exit have that issue abated without it being a nuisance issue. Commissioner Cox asked if there was an ordinance Chief Lewis could work under to the occupant. issues that concerned him from a fire suppression standpoint which he addressed with did not appear to meet the intent of the nuisance requirements, there were clearly Fire Chief Scott Lewis reviewed his report of September 8, He stated that while it Page 11

12 Page 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 , adopted on July 12, 2016; and possible abatement action.-cont d. any of the property or anybody in the house then the firefighters would go into defensive exterior mode. Commissioner Wichman explained she voted it was a nuisance because there was a swimming pool sifting there without a fence around it to protect the neighborhood children. Commissioner Schinhofen believed this was turning into mote of a private nuisance and there were code compliance issues. He found there was no longer a public nuisance provided the gate was closed and all the other issues could be addressed through code compliance. Commissioner Schinhofen made a motion that the public nuisance had been abated; seconded by Commissioner Wichman. Commissioner Cox commented the gate was standing wide open and no one was watching the yard. Mary Dixon, who lived at 1391 Dyer, noted they were given 30 days to clean up the place and they seemed unable to accomplish that task for any reason. She asked why the tenants and property administrator were not being held accountable. She expressed her concerns with the fence and the arrival of rodents as well as Mr. Rowland running a business on the property although it was zoned residential. Commissioner Wichman said she understood all of the concerns, but the Board of County Commissioners was limited to looking at a public nuisance, not a civil dispute or a problem with a messy neighborhood, and the Board could not do anything to help with a private nuisance. Ms. Dixon stated this was a public nuisance with a health problem. There were people who had lived in the area for over 35 years and had never seen a rat. Commissioner Wichman said to be a public nuisance it had to have a public health issue and she did not believe rats were found to be a nuisance on the property. Mrs. Zlotek advised facts about the rat could not be reargued today. She reiterated that today was a status check to determine if it had been abated. It could be continued and another status check scheduled or it could be found it was abated. Travis Plyneton asked if there was anything that could be done to end this.

13 adopted on July 12, 2016; and possible abatement action.-cont d. and as ordered to abate the nuisance as set forth in Nye County Resolution No. Nevada as determined by the Board of County Commissioners on July 12, 2016 progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, 29. For Possible Action Discussion and deliberation regarding the status and of a nuisance condition did not reference a fence and all property listed was still there, Commissioner Cox pointed out the list contained in the resolution finding the existence public nuisance had been abated; seconded by Commissioner Wichman. provided the gate continued to be closed while people were on the property, and the Commissioner Schinhofen repeated his motion to find there was not a public nuisance Commissioner Carbone directed them to Mr. Lacy to turn in complaints. before it got to a four year problem. nuisance violation did not cover this. She asked what they had to do now to stop this Nola Overholt, who lived at 1421 W. Dyer Road, wondered why none of the complaints on Irene were enforced. She said these people moved to Dyer and apparently the occupants were doing. experienced anything like this. He also noted the area was not zoned for what the Joshua Fischer stated he moved into the area about five years ago and they had not neighbors or the Commission to specify what needed to be done so they did not have to items that were an issue as far as the nuisance, Ms. Kaufman said they were asking the keep coming back. cleaned it to the best of their understanding to clear the nuisance. If there were still suffering from several medical conditions. They had worked as best they could and Renee Kaufman, speaking on behalf of Ms. Hare, advised Mr. Rowland had been unsightly mess. yard was still full. She said their properties were being devalued because of this was still a nuisance. Some items had been removed from the front yard, but the back Ms. Kozma then stated the nuisance complaint began 90 days ago and as of today it how their tenants had broken their leases because of cars and noise during the night. their concerns with the trash being hauled and stored on the property and described Killian who were property owners with a tenant living next to this property. It expressed Kay Kozma, who resided at 1081 Dyer Road, read an from Harold and Nancy care of already. He said to just let them know about other issues and they would take care of them. Mr. Plyneton advised some of the issues Chief Lewis had addressed had been taken Commissioner Carbone suggested he sit down with the people who were complaining. Page 13

14 adopted on July 12, 2016; and possible abatement action.-cont d. and as ordered to abate the nuisance as set forth in Nye County Resolution No. Nevada as determined by the Board of County Commissioners on July 12, 2016 progress of the abatement of the nuisance located at 1141 Dyer Road, Pahrump, 29. For Possible Action Discussion and deliberation regarding the status and Sheriff Wehrly was directed to notify everyone. Pahrump; Commissioner Schinhofen amended his second; 6 yeas. Commissioner Wichman amended her motion to October 18, 2016, at 11:15 a.m. in Lorina Dellinger advised the date needed to be October 18, by Commissioner Schinhofen. at 11:15 a.m. and if they complied before that date the item could be pulled; seconded Commissioner Wichman set a date, time and location of October 20, 2016, in Pahrump attorney told her they would be up in 72 hours, so Sheriff Wehrly proposed waiting the heard from the Chicken Ranch at all. 15 days to determine whether they were going to comply. She advised she had not she understood that was going to happen on Highway 95 at Lathrop Wells. Mr. Hofs days to comply. She noticed on Highway 160 his brothel signs had been covered and Sheriff Wehrly advised a letter was sent to them on September 12, 2016, giving them 15 Cathouse and the Chicken Ranch brothel licenses. date, time and location for a show cause hearing on the Area 51 Death Valley 16. For Possible Action Discussion and deliberation regarding a request to set a BROTHEL Commissioner Borasky assumed the Chair of the Licensing and Liquor Board. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD work this out. If not, they had their recourse in Planning. Commissioner Carbone hoped everyone in the neighborhood could get together and passed with 4 yeas. Commissioner Cox voted no. closed while people were on the property, and the public nuisance had been abated, The motion to find there was not a public nuisance provided the gate continued to be it. just moved around. She said she could not support the motion and would vote against Page 14

15 Pahrump, NV pending the processing of an application for a permanent license. Sukhbir Dhillon, Applicant. Liquor License to Pahrump Hotel Partners Inc., dba Draft Picks, 1101 S. Hwy 160, 17. For Possible Action Discussion and deliberation to issue a Temporary Retail LIQUOR Commissioner Schinhofen made a motion to approve 20, 1) and 2); seconded by Commissioner Wichman; 5 yeas. from the date signed, with yearly review of the AOP by both parties. Southern Nevada District. This agreement shall remain in effect for five (5) years Humboldt-Toiyabe National Forest and USD1 Bureau of Land Management Operating Plan (AOP), between the Town of Pahrump and USDA, Forest Service 1) The Cooperative Fire Protection Agreement (CFPA); and 2) The Annual 20. For Possible Action Discussion and deliberation regarding the approval of Commissioner Cox was present. The report was in the back-up. 19. Town of Pahrump Ongoing Project Report SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP Tim Sutton, Deputy District Attorney, was present. Commissioner Cox and Maria Zlotek were not present. The Board was in recess until 2:30 p.m. stipulation that all the fees that needed to be paid were paid before the temporary Commissioner Carbone made a motion to approve a temporary license with the license was issued; seconded by Commissioner Schinhofen; 6 yeas. the stipulation that when the $50.00 check came in then the approval was good. had not come in, but she did not have any reason not to go ahead and approve it with Sheriff Wehrly stated she spoke with the records clerk yesterday and the $50.00 check Page 15

16 a decision is made. Discussion of any item from the Consent Agenda Items that needs review before segment of the agenda should issues arise that need to be addressed. The Board reserves the right to move any consent agenda item to the regular CONSENT AGENDA ITEMS These are items that Staff recommends for approval. SITTING AS THE BOARD OF COUNTY COMMISSIONERS Commissioner Schinhofen made a motion to approve items 21-25; seconded by Commissioner Borasky; 5 yeas. Fund Ambulance. out of Fund Grants and has a match of $20,000 which is budgeted out of Statistics Grant award in the amount of $20,000. This grant will be administered Emergency Management Services Preparedness, Assurance, Inspections and Health and Human Services Division of Public and Behavioral Health s 25. For Possible Action Approval to accept the State of Nevada Department of Commissioner Schinhofen made a motion to approve items 21-25; seconded by Commissioner Borasky; 5 yeas. which is budgeted out of Fund Drug Court. Health Services Administration (SAMSHA) grant for the Fifth Judicial District Adult Drug Court in the amount of $325,000 per year for 3 years. This Grant will be administered out of fund Grants and has an in-kind match of $13, For Possible Action Approval to accept a Substance Abuse and Mental Commissioner Schinhofen made a motion to approve items 21-25; seconded by Commissioner Borasky; 5 yeas. meeting of the Board of Commissioners for Tuesday, December in Pahrump, Nevada. 23. For Possible Action Approval to set the date and location of the second Commissioner Schinhofen made a motion to approve items 21-25; seconded by Commissioner Borasky; 5 yeas. 22. For Possible Action Approval of Assessor s Office Change Request Commissioner Schinhofen made a motion to approve items 21-25; seconded by Commissioner Borasky; 5 yeas. 21. For Possible Action Approval of Elected Official Collection Report Page 16

17 and 2) Northern Nye County Hospital District (NNCHD). liaison I representative to the: 1) Nevada Site Specific Advisory Board (NSSAB); 30. For Possible Action Discussion and deliberation to appoint a Commissioner BOARD OF COMMISSIONERS-Cont d. District Attorney s Office. It was anticipated to be funded by two grants, one of which Tim Sutton explained they were trying to extend an existing grant funded position in the personnel and fringe benefits for a grant funded deputy district attorney position grant awarded to the Nye County District Attorney s Office. from the award 2016 Violence Against Women Act, STOP 2016-VAWA-48 sub Notice to revise the approved budget to distribute the total award between the Nevada Attorney General s Office Grant Administrator, a Project Change 31. For Possible Action Discussion and deliberation to approve and submit to DISTRICT ATTORNEY The motion to nominate Commissioner Schinhofen passed with 5 yeas. and ear into what DOE was thinking. Sheriff Wehrly thought the only thing this board really did was give the County an eye what was going on. the place of them coming to this Board and keeping the Commissioners informed of Mr. Lacy said he also had a staff member that was a liaison to it, but this did not take residents of Nye County on it. from allowing elected officials voting privileges and he would be happy to have mote Commissioner Schinhofen added these boards had been precluded across the country presentations to the Board of County Commissioners. was an alternative when the County had asked for more interaction from them with Nye County. They only had discussions on items that DOE wanted to talk about. This Darrell Lacy pointed out this was only an advisory board to DOE and did not represent Town of Pahrump on that board. Commissioner Carbone was under the impression there were some people from the Commissioner Borasky believed there needed to be a representative that could vote. Commissioner Borasky nominated Commissioner Schinhofen for 1); seconded by Commissioner Cox. seconded by Commissioner Cox; 5 yeas. Commissioner Schinhofen made a motion suggesting Lorinda Wichman on 2); September20, 2016 Page 17

18 the Nevada Attorney General s Office Grant Administrator, a Project Change personnel and fringe benefits for a grant funded deputy district attorney position grant awarded to the Nye County District Attorney s Office.-Cont d. Notice to revise the approved budaet to distribute the total award between from the award 2016 Violence Against Women Act, STOP 2016-VAWA-48 sub 31. For Possible Action Discussion and deliberation to approve and submit to Commissioner Wichman asked how much this was actually for and how much the and had no idea what the case was about or what the County was agreeing to. County was putting in. She also did not remember having a closed session on this item Commissioner Schinhofen made a motion to approve. agreement regarding Leidecker v Nye County concerning claims for wrongful death and Monell violations and execute settlement agreement. 33. For Possible Action Discussion and deliberation on a proposed settlement Schinhofen; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner fiscal year as it had been an ongoing grant. time of the grant, but she was sure they were expecting an additional grant for the next Pam Webster explained they were keeping the same person and this just covered their budget through the end of May. It was a grant funded position through the length of to May. asked if there was a new person stepping in or if this just extended someone s contract Commissioner Wichman pointed out the October through May employment only and Office effective October 1, 2016 contingent upon the Nevada Attorney General Office Grant Manager s approval of the revised budget for the 2016 Violence funded deputy district attorney position in the Nye County District Attorney s Against Women Act, STOP 2016-VAWA-48 sub grant. 32. For Possible Action Discussion and deliberation to approve and fill a grant Commissioner Wichman made a motion to approve the change order; seconded by Commissioner Schinhofen; 5 yeas. needed as it was a County grant approved a while back and changes needed to be the office did not get, so they were trying to use the funds from this grant and keep the person a little longer. To do that the final budget had to be modified as well as what that person did. He said there were no additional monies from the County, but approval was made. Page 18

19 Pam Webster said this case was handled by POOL/PACT and settled by them. The agreement regarding Leidecker v Nye County concerning claims for wrongful death and Monell violations and execute settlement agreement.-cont d. 33. For Possible Action Discussion and deliberation on a proposed settlement Commissioner Borasky seconded the motion to approve and waive the 90 days; 5 yeas. 90 days. Mrs. Shamrell noted there would be no reduction in the budget as a result of waiving the Commissioner Schinhofen made a motion to approve and waive the 90 days. payouts and the 90 day freeze, but it was the Board s prerogative to wait until then or make it happen sooner. Danelle Shamrell, Human Resources Manager, explained that came with the accrual Commissioner Schinhofen was not sure this could wait until January 6, , 2017 due to the employee resigning September 3, Dispatcher position # in the Pahrump Sheriff s Office effective January 37. For Possible Action Discussion and deliberation to fill a vacant Lead H/R AND RISK MANAGEMENT-Cont d. The report was in the back-up. 34. Ongoing Project Report COUNTY MANAGER The motion to approve passed with 5 yeas. Mrs. Webster said she could not explain that, but this one was provided by POOL/PACT with instructions to put it on the agenda. agreements for higher amounts were not. Commissioner Cox was curious as to why this one was agendized but other Commissioner Wichman seconded the motion to approve. which was beyond her approval authority. County had paid the deductible already and this was just the settlement of the case, Page 19

20 Commissioner Carbone made a motion to approve; seconded by Commissioner Ccx. position # in the Pahrump Sheriff s Office effective January 11, 2017 due to an employee retiring July 28, For Possible Action Discussion and deliberation to fill a vacant Deputy seconded by Commissioner Wichman; 5 yeas. Commissioner Schinhofen amended his motion to fill this position as soon as possible; of it. Commissioner Wichman withdrew her second unless the waiver of the 90 days was part accrual payouts, which was what this reflected. Danelle Shamrell said the Board s direction was there was a 90 day wait after the Commissioner Wichman asked about waiving the 90 days. Wichman. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Pam Webster said there was no back-up to this position whatsoever and it could take the County down if not filled. Commissioner Schinhofen said he knew the position and what the guy did. He wondered if there was anyone else who could climb mountains. an employee resigning September29, Communications Tech Position # as a Communication Systems Supervisor Position # in the IT Department effective April 6, 2017 due to 40. For Possible Action Discussion and deliberation to fill a vacant Radio The motion to approve passed with 5 yeas. Pam Webster pointed out the item was to approve it in January. Sheriff Wehrly advised it was a patrol deputy in Pahrump and she could not wait. wait a month or two. Commissioner Schinhofen asked what area this deputy was in and if the Sheriff could Page 20

21 as stated in the Subdivision Improvement, Maintenance and Warranty Agreement approve a release of all but 15% of the financial security related to improvements 41. For Possible Action Discussion and deliberation concerning a request to PLANNINGIBUILDING Commissioner Schinhofen said this was the former Bikinis brothel. The plan was a complete 80 acres utilizing the building that was on the property for small cultivation. Beatty. 42c. MM Development (Cultivation & Production). Airport Road and Highway 95 Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner would be a final inspection and they would have to demonstrate compliance. Amanda Connor, appearing on behalf of applicant, said the applicant agreed that there were communicated to the applicant which would be resolved prior to the final inspections required for opening. Darrell Lacy said yes. There were a few comments and questions the Sheriff had that Commissioner Schinhofen asked if it met all the minimum standards. Road, Pahrump. 42b. Panorama WON, LLC I Wellness Orchards (Cultivation) Panorama This item was removed from the agenda. 42a. CW Nevada (Production) Oxbow Avenue, Suite #14, Pahrump. Transportation Plans for the following Medical Marijuana Establishments: 42. For Possible Action Discussion and deliberation to approve Security & Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Works Director that they had inspected and agreed to do that. Mr. Lacy said there as a letter in the back-up signed by Pam Webster as the Public everything at this point and if he and the Public Works Director agreed to the release. Commissioner Schinhofen asked Darrell Lacy if the applicant was in compliance with Applicant. (la ). Planned Community, Planning Area Owner. WF Development, LLC in the Pahrump Regional Planning District within the Mountain Falls Master (SIA) document # for Paradiso Villas Unit I Final Subdivision Map, located Page 21

22 Beatty.-Cont d. Cont d. 42c. MM Development (Cultivation & Production). Airport Road and Highway 95, Transportation Plans for the following Medical Marijuana Establishments: For Possible Action Discussion and deliberation to approve Security & Commissioner Schinhofen asked if this met minimum standards. 42g. GWGA (Cultivation) W. Highway 372, Pahrump. This item was removed from the agenda. 42f. NuVeda (Production). 301 S. Oxbow Avenue, Suite #13. Pahrump. This item was removed from the agenda. 42e. NuVeda (Cultivation) S. Oakridge Avenue, Pahrump. This item was removed from the agenda. 42d. Nye Farm Tech (Cultivation) N. Highway 160, Pahrump. yeas. the entire property, new floor plans, and a security plan for that building, passed with 5 had 24-hours security monitoring off-site and contingent upon before moving forward out the other property that they bring forward a security plan that included a fence for with their plan to demolish the inside of the building and make an extraction and build The motion to approve the plan the way it was, provided they could demonstrate they inspection as they believed they were compliant. that and added seven cameras. He said they also had no problems with a follow up identified certain dead spots where she wanted cameras placed. They agreed to all of Robert Grossbeck advised Sheriff Wehrly came and did a walk-through of the site. She Commissioner Carbone asked about the issue with the cameras that was brought up. plan that included a fence for the entire property, new floor plans, and a security plan for upon before moving forward with their plan to demolish the inside of the building and they could demonstrate they had 24-hours security monitoring off-site and contingent Commissioner Schinhofen made a motion to approve the plan the way it was, provided make an extraction and build out the other property that they bring forward a security that building; seconded by Commissioner Wichman. Page 22 September20, 2016

23 42g. GWGA (Cultivation) W. Highway 372, Pahrump.-Cont d. Transportation Plans for the following Medical Marijuana Establishments: - Cont d. 42. For Possible Action Discussion and deliberation to approve Security & Commissioner Wichman read the title of the bill into the record. 18, 2016, at 11:00 a.m. in Pahrump; seconded by Commissioner Schinhofen; 5 yeas. Commissioner Wichman made a motion to set the time, date and location for October Suburban Estates (SE) Zoning District; 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. of the Pahrump Regional Planning District, pertaining to the regulations of the A Bill proposing to amend Nye County Code Chapter 17.04, the Zoning Ordinance Set a date, time, and location for a Public Hearing on Nye County Bill No : 45. For Possible Action Discussion and deliberation regarding a request to: 1) This item was removed from the agenda. Nye Farm Tech, Ltd. Applicant. AP# marijuana establishment (cultivation) located at 5400 N. Highway 160, Pahrump. Medical Marijuana Establishment License (Initial) for a proposed medical Application MM : Discussion and deliberation on a request to issue a 44. For Possible Action Medical Marijuana Establishment License Initial This item was removed from the agenda. continued maintenance and operation of the water and sewer treatment system in with sufficient surety in the form of a bond, certificate of deposit, investment relating to the requirement for the developer to provide the local governing body Raceway, LLC and Nye County, pursuant to NRS 445A.895 and NRS 445A.540 Sewer Maintenance and Operations (M & 0) Agreement between Spring Mountain certificate or any other form acceptable to the governing body, to ensure the the event of default by the developer. Applicant - Spring Mountain Raceway, LLC. Agent Russ Meads I Double M Construction. 43. For Possible Action Discussion and deliberation to approve a Water and Commissioner Schinhofen made a motion to approve the plan; seconded by Commissioner Wichman; 5 yeas. standards. applicant and at the final inspection they would make sure they met all the minimum Darrell Lacy said yes, but the Sheriff had a few concerns that were communicated to the September Page 23

24 Page For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No : A Resolution Authorizing Members of the Pahrump Regional Planning Commission to Donate All or Part of Their Compensation to the Nye County General Fund. Commissioner Schinhofen said he understood a couple of the board members would like to not take the stipend voted for them, although he found it helpful when he was a planning commission member. If they could afford to spend their own gas and time and wanted to donate it back he did not have an issue with it. Commissioner Borasky advised he brought it up in the meeting that one of the reasons it was put in was so they would have gas money and no reason to not do site visits. He said he would ask at the next meeting because if they were not then they were not doing their job. Commissioner Wichman made a motion to approve with a thank you; seconded by Commissioner Schinhofen. Tim Sutton noted the agenda item and the title of the resolution referenced the donation would go to the general fund, but the RPC made a last minute change to request that it go to the Nye County Planning Department. He was not sure if those were the same. The motion to approve with a thank you passed with 5 yeas. 47. GENERAL PUBLIC COMMENT (second) Michael DeLee said he received a ruling from the State Engineer s Office last week. He explained the statute changed in 1995 so that people received notices if their water rights were not up to standard after the fourth year. The new interpretation of the statute by the State Engineer s Office was a 180-degree change from its past practice and they were not doing the four year notice now. While that might be the right interpretation of the statute, Mr. DeLee noted they had been doing right by people for the past 20 years. He thought the District Attorney s Office and the Board should look at it as it was not right. Richard Goldstein said the map for the Fall Festival showed no place for public parking, just handicapped and VIP parking. The Chamber was asked about that today and answered park wherever you could, including shopping centers. Mr. Goldstein advised the shopping centers had already said cars would be towed. Commissioner Ccx said she also asked that question. The map did say free visitors parking out in the desert area behind the arenas. Tim Sutton wanted to make sure the Commission was not condoning parking on private lots.

25 Commissioner Cox said the Chamber was condoning it on their map, not the advised those items were pulled from the agenda. John Bosta asked if a vote was taken on items 42a, 42d, 42e, 42f, and 44, and was Commission. Page 25 k Of, APPROVED this \ day ATTEST: Commissioner Carbone adjourned the meeting. 49. ADJOURN There were none. 48. ANNOUNCEMENTS (second) 47. GENERAL PUBLIC COMMENT (second)-cont d.