Page 1. Match 15, Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye

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1 Pahrump, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada the Northern Nye County Hospital District Board of Trustees, was held at 10:00 a.m. in County Board of Highway Commissioners, Nye County Licensing and Liquor Board, the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye given back to the bank because the owner could not rent it. Mr. Erbe said the do any repairs and Mr. Erbe noted they were now in litigation four years later. subdivision was failing and the roads were settling as well. Classic Homes refused to supposed to be built were built, 14 or 15 of which were in sad shape with one house John Erbe, a resident of Richland Estates, added only 44 of the 473 homes that were those homes had not made those defects right. direct the Planning and Building Departments to be aware that the company that built problems with building defects [statement attached]. He asked the Commissioners to Dwight Lilly spoke on behalf of the residents of Richland Estates who had serious Wade Hinden encouraged people to register to vote. not be taken on the matters considered during this period until specifically included on an agenda as an action item (first). 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will be a closed session for labor. Pam Webster stated items 6 and 14 could be removed from the agenda. There would 2. Approval of the Agenda for. The Pledge was recited. 1. Pledge of Allegiance Maria Zlotek, Chief Deputy District Attorney Also present: Lorina Dellinger, Administrative Manager; Kelly Sidman, Deputy Clerk; Pam Webster, County Manager Sharon Wehrty, Sheriff Sandra L. Merlino, Ex-Officio Clerk of the Board Dan Schinhofen, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Frank Carbone, Chair Donna Ccx, Commissioner Angela Bello, District Attorney Match 15, 2016 Page 1

2 litigation. Commissioner Carbone stated the Board could not do anything while it was still 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 reading 99.9% of the time it was always lower than when the well was drilled. Mr. Dann was not running out of water. Mr. Dann advised when he did a static water level Company Debunks Water Myths and Mr. Hafen s comment that the Pahrump Valley addressed the Pahrump Valley Times article of March 11, 2016, Pahrump Utility but as the sole individual that read the static water level readings for domestic wells. He Greg Dann said he was not present as the chairman of the Nye County Water District was turning a blind eye to a blatant waste of taxpayer money. fill the vacancy for the remainder of the term, but to Mr. DeCanio it appeared the Board months. NRS 450 clearly explained the authority the Board had to appoint someone to cover for Justice of the Peace Ron Kent who had not shown up for work for many, many Louis DeCanio felt many tax dollars were being wasted by hiring temporary judges to She recommended men drink bottled water. that men were drinking in the municipal water supply as hormones were not filtered out. Judith Holmgren presented prostate cancer research regarding the levels of estrogen Corn m issioners. competency. He felt that perhaps it was time for a change in management and five new there was an appearance in Nye County that basic management of the County and its how collective bargaining affected the County finances [attached]. Mr. Alberti stated affairs and finances was woefully inadequate and bordered on a question of by Commissioners Schinhofen and Carbone to the Government Affairs Committee on Andrew Alberti read a statement addressing unfunded mandates and comments made Commissioners had the authority to appoint someone as a justice of the peace in that speedy trial. Lastly, Mr. Mielzynski pointed out the justice of the peace in courtroom A allowed and suggested the Commissioners remove those signs and let the honest delayed. Mr. Mielzynski then addressed the sign on the door stating no guns were fourth week justice court shut down causing things like preliminary hearings to be district court as trials were set a year in advance, even for people who asked for a wanted to see what was going on. He asked the Commissioners why every third or Ray Mielzynski said he had sat in the courthouse daily for the last 14 years because he had not been there for nine or ten months but was drawing a salary. He thought the citizens carry guns in the courthouse. Mr. Mielzynski also felt nothing ever happened in courtroom. Mr. Erbe said he would like to see the contractor not get permits. Page 2

3 losing water and at the present rate it would not be sustainable. wanted the audience to know that the statics were dropping, meaning the valley was 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 they should have in Pahrump. He knew Commissioner Cox had committed herself to they had. He did agree that Ron Kent needed to go. until something happened and this County could thrive again they were stuck with what it was by raising taxes. Mr. Cox thought it was about time that everyone realized that not vote for any tax increases, but if people wanted stuff in the valley the only way to get Don Cox stated he heard people complaining about what they did not have and what Daniel Burejsza said the County appeared to have a policy toward growth and yet today not pay for itself. was overloaded. He cautioned the Commissioners not to promote growth as growth did the Commissioners heard a number of issues including water and how the court system Commissioner Carbone referred Mr. Long to Dave Fanning to talk about that. Mr. Long wanted to know why soils tests were only good for a year. complaining about things instead of contacting the Commissioners to discuss them. issues. He expressed his frustration with people coming to the meetings and Commissioner Carbone suggested that he and Mr. Long sit down and discuss his was not built up to code. Mr. Long wondered how Dennis Hof was able to build his whorehouse as he knew it Commissioner Carbone commented there were still State requirements to build anyplace. against by the fact that they lived in Pahrump as nowhere else in the County was a When he finally moved to the area eight years ago he found out he could no longer subdivide his own land and could not have a business on property where he lived. Mr. anything in Pahrump. He also felt the people in Pahrump were being discriminated ten acres 40 years ago which he had planned to build three homes and a business on. Harold Long commented on the changes in regulations in the County since he bought Long felt the County had passed so many regulations that it was impossible to do building permit required. Ammie Nelson let everyone know that she had a place where the water could be tested for free, budgetwater.com. She ordered 50 vials if anyone wanted one. Page 3

4 Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Northern Nye County Hospital District Board of Trustees regular meeting on February 16, and Liquor Board, the Governing Body of Unincorporated Towns of Beatty, County Board of Commissioners, Board of Highway Commissioners, Licensing 4. For Possible Action - Discussion and deliberation of Minutes of the Joint Nye would not be able to do that. charge back. The next item of concern was they wanted to make sure there would be a was about cross liability insurance coverage as their insurance company explained they fire safety inspection for their insurance needs. Another question Ms. Zervantian had custody, so any other animals brought in they would not receive any money for or Ms. Zervantian clarified the boarding fees listed were only for court-ordered protective those would be kept by the animal shelter. County Code and NRS to be taken for cruelty or by court order. The County would be licensing fees pursuant to the resolution she could work verbiage into the lease that responsible for boarding costs and veterinary care. lithe Board would like to add any involvement with the County s Title 6 was the custody of dogs mandated by the Nye Maria Zlotek said it was her understanding that the only part of the lease that addressed quite a bit. they wanted to do. The money was insignificant but it would impact their organization Vance Payne, Emergency Services Director, stated he was good with supporting what although they had originally proposed they would operate the rabies control program and issue licenses. nothing was stated regarding Desert Haven being able to keep the licensing fees, Suzanne Zervantian said yes and no. First, there was an issue with the agreement as everything that had been talked about. Commissioner Schinhofen said he had reviewed the back-up and thought it addressed Shelter facility located at 1511 Sin Lane, Pahrump, NV. agreement with Desert Haven Animal Society for use of the Pahrump Animal 42. For Possible Action Discussion and deliberation regarding a lease PUBLIC PETITIONER SITTING AS THE BOARD OF COUNTY COMMISSIONERS Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner removed from the property. It was just removed from the resolution. Commissioner Cox clarified the motion on item 11 that the house did not have to be Page 4

5 Commissioner Schinhofen said it would be in with his motion. Ms. Ziotek asked if the rabies program was in or out. Shelter facility located at 1511 Sin Lane, Pahrump, NV.-Cont d. agreement with Desert Haven Animal Society for use of the Pahrump Animal 42. For Possible Action Discussion and deliberation regarding a lease over there. She and Mr. Payne discussed this and if it looked like they were running over what the previous years were they would be responsible for that. Additionally, the County was not paying them to take their animals, only protective custody, and any Ms. Zervantian pointed out the County was still paying utilities as there were animals paying them to take animals. Commissioner Cox stated she would like to see a compromise as the County was the public again he felt was a good payoff. The utilities would be re-addressed at the end of the year and they believed they would be able to run on their own. and he wanted to give them every opportunity to succeed. Getting the shelter open to Mr. Payne explained that Desert Haven was not sure they could cover those expenses during the initial lease term. Commissioner Cox asked why the County was paying all the utility bills as defined but there was no reciprocal agreement that both parties had that option. Ms. Zervantian noted in Section 16 that the County could terminate with 30 days notice, County was providing the maintenance and said the County would be responsible for anything that happened as a result of that maintenance or lack of maintenance. insuring the whole County. Ms. Jones then pointed out Section 8.3 which stated the company was concerned that if they put the County on a co-liability they would be as a co-licensee on their insurance, and that could not be done. The insurance Leigh Jones from Desert Haven said they read it as they would have to put the County she believed part of it would be to protect the building. Angela Bello advised that typically they would be named as an additional insured and leasing a building. Commissioner Schinhofen asked if cross liability was needed as the County was just for any animals brought in by Animal Control. Ms. Zervantian stated yes, but she was trying to clarify that they would not be charging animal cruelty charges would be included. pursuant to Nye County Code and NRS when animals had to be taken into custody for Ms. Zlotek asked if the boarding fees charged to the County for court-ordered and also Page 5

6 other animal coming in they would not be reimbursed for and that was what they were agreeing to take on and care for. Ms. Zervantian noted Section 31 needed to be agreement with Desert Haven Animal Society for use of the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV.-Cont d. 42. For Possible Action Discussion and deliberation regarding a lease held animals; Desert Haven would provide insurance to appropriate levels; licensing up to $20, for the utilities listed for one year because it was paying it anyway as fees would be entirely handled by Desert Haven Hospital; and the County agreed to pay Commissioner Schinhofen made a motion to approve the contract with the changes that Desert Haven would not charge the County for dogs held at-large, only for court-ordered mandatory 72-hour hold. Adoptions were a separate issue. They could only adopt animals out that were not owned or claimed. She reminded the Commissioners that their mission was to rescue, rehabilitate and permanently re-home. Ms. Zervantian said if the animal came in running-at-large with no owner there was a Commissioner Cox asked if they would be adopting animals out or waiting three days and then euthanizing them. Office did not want to see any animal suffer as long as there was clear documentation from top to bottom. Mr. Payne stated historically that had never been a problem. The District Attorney s documented with pictures and a professional opinion. that was in a fight there was a judgment call of what was merciful and it was well Ms. Zervantian said she understood that, but noted in an emergency case like a dog court order. animals under court order or cruelty as those animals could not be terminated without a Ms. Zlotek stated Ms. Zervantian would not to be able to make any decisions regarding required hospitalization and isolation, the decision would probably be made to humanely determined on a case by case basis. If the animal was terminally injured or ill and euthanize. She felt that should probably be in the contract. Ms. Zervantian said there would be no financial limit on veterinary care and it would be custody. Commissioner Carbone asked about veterinary care for animals taken in for protective Animal Control after hours and he believed that was resolved adequately. Mr. Payne said an operational issue was brought up over access to the shelter by they would not be. amended as it stated they would be charging the County for all animals coming in and Page 6

7 well as paying people to work there and this would save the County money in the long run; seconded by Commissioner Wichman. Shelter facility located at 1511 Sin Lane, Pahrump, NV.-Cont d. agreement with Desert Haven Animal Society for use of the Pahrump Animal 42. For Possible Action Discussion and deliberation regarding a lease March 8, 2016, to May 8, She noted there was a deputy in Gabbs and she making progress; seconded by Commissioner Schinhofen; 5 yeas. Commissioner Wichman made a motion to extend that allotted time by 60 days from herself would be there next week. While she was not an inspector of this type of thing, Commissioner Wichman felt she could tell the Board if the community felt they were and make sure it was as stated. they direct the property be inspected or at least have someone from the County go up stated they had done an enormous amount of work on this property and felt they almost that done. If the Commissioners granted the extension then Ms. Zlotek would ask that had it abated. They begged for an extension of time up through April 15, 2016, to get MarIa Zlotek advised they received an from the property owner s daughter who property owner of APN , 697 Brucite Street, Gabbs, NV to abate the and 2) direct stafflappropriate department to checklconfirm status of abatement. nuisance as directed at the December 1, 2015 BoCC meeting to April 15, 2016; 29. For Possible Action Discussion and deliberation to: 1) extend the time for DISTRICT ATTORNEY to work there and this would save the County money in the long run passed with 5 yeas. handled by Desert Haven Hospital; and the County agreed to pay up to $20, for Haven would provide insurance to appropriate levels; licensing fees would be entirely charge the County for dogs held at-large, only for court-ordered held animals; Desert the utilities listed for one year because it was paying it anyway as well as paying people The motion to approve the contract with the changes that Desert Haven would not Ms. Zervantian said they would have other locations to temporarily house animals. brought in from Tonopah it created an overwhelming space problem and she asked get animals from all over the County, not just Pahrump. The last time animals were about a remedy if that happened again. Ammie Nelson wanted to make sure that there was an understanding that they would Page 7

8 system from under the auspices of the Regional Transportation Commission to Commissioners for operational funding from Town of Pahrump revenues in an amount not to exceed $50, the Town of Pahrump as well as obtaining approval from the Nye County 15.For Possible Action Discussion and deliberation to move the transportation PAHRUMP do, but he wanted to see all the costs. Commissioner Schinhofen said he would go along with whatever the Board wanted to mid-cycle and they could not apply for them until the beginning of next year. of the big problems at this particular time was two of the main $50, grants were and they were fulfilling that amount through other grants and community support. One Albert Bass, Mobility Manager, advised the total matching funds would be $145, to do the $50, would like a clearer picture of the total funds the town would be on the hook for if the motion was to move forward with the town sponsoring the grant, but he was not willing Commissioner Schinhofen stated he had no problem with sponsoring the grant, but he grants. She confirmed with Ms. Holecheck that she had determined the town could sponsor the previously, but they would not manage the system at all. An outside contractor would. understanding that was the action they would take when she spoke with Ms. Holecheck Mrs. Webster explained they had the power to sponsor grants and it was her run a transportation system. speak with them as she did not know if the Town of Pahrump had express powers to Angela Bello said she discussed that with Pam Webster because the Town of Pahrump had its own attorney and she was not sure if this was reviewed. She would like to Commissioner Carbone believed the Town of Pahrump could do this activity. not be called for until October or November. There were another 60 grants they would go after to fulfill the total amount being looked at. was urgency. They needed to submit the budget, but the actual monies would probably issued and the due date was April 15, 2016, with no extension, which was why there Susan Holecheck, chair of the transportation committee, advised the NDOT grant was Commissioner Carbone noted the cut-off for a couple of the grants was April. currently had and what grants they would go after. Commissioner Schinhofen stated the figures in the back-up did not match up. He wanted to postpone this until he saw a clear accounting of all the costs and grants they Match 15, 2016 Page 8

9 system from under the auspices of the Regional Transportation Commission to the Town of Pahrump as well as obtaining approval from the Nye County Commissioners for operational funding from Town of Pahrump revenues in an amount not to exceed $50,000.OO.-Cont d. 15.For Possible Action Discussion and deliberation to move the transportation Linda Hatley questioned only two buses as she thought there were four. 33,000 of the population who were not seniors and veterans. Jackie Wondra said she wanted people to keep in mind this would serve the other people with transit needs. north side and one on the south side which would lend itself more to getting help for Ms. Holecheck added their plan was to have two buses. One would operate on the budgeted for this project. participate. There was contingency left in the town budget, but there was nothing as part of the FYI 7 budget and the Board could determine at what level they wanted to had no foresight that this would be coming. She thought it would be better to address it Mrs. Webster explained the $50, was not budgeted clearly this year as the town Ms. Holecheck said it was an on demand system with door-to-door service. Commissioner Cox s main question was where people would catch the bus. She also wondered if the $50, was available at this time. Mr. Bass responded yes to all of those. these would be round trips, if they would be able to be taken shopping and picked up Commissioner Carbone stated a couple of people called him with questions regarding if again, and if they would be able to take their animals to the vet and be picked up again. grants but at this point no dollar figures until the Board saw something else and as the sponsor of the grants they would come back to the Board for approval; seconded by Commissioner Schinhofen made a motion to approve the Town of Pahrump to sponsor Commissioner Carbone. but over six months ago he severed his ties and had no vested interest in this. Commissioner Borasky disclosed he was a member of this organization for some time, funding. a mote appropriate time to do it given the fact there was not an imminent need for the budget together. If the Board wanted to consider this in the FYI 7 budget that might be Mrs. Webster added this was not considered by the town when they were pulling their Page 9

10 Commissioners for operational funding from Town of Pahrump revenues in an system from under the auspices of the Regional Transportation Commission to amount not to exceed $50, Cont d. the Town of Pahrump as well as obtaining approval from the Nye County 15.For Possible Action Discussion and deliberation to move the transportation Commissioner Carbone wondered about the delay and asked to have it tested to determine response time. company was notified and then took the appropriate action. Amanda Conner, attorney for the applicant, advised the facility did have several panic buttons, but because there was 24 hour monitoring by their third party company that Commissioner Carbone asked about the panic button that went to the Sheriff s Office. security plan at this time. They would be required to submit a new security plan. Darrell Lacy, Planning Director, noted the Board was not approving the change in the Commissioner Schinhofen made a motion to approve the license; seconded by Commissioner Wichman. Sheriff Wehrly she was happy with that since they had a security company that monitored the inside and outside of their building. hour security guards to having guards only when they were open. He confirmed with Commissioner Schinhofen noted the request to change part of the security plan from 24 Assessor Parcel # TGIG, LLC dba The Grove Weliness Center approve the annual renewal of the Medical Mariluana Establishment License for a Application MM : Discussion and deliberation on a request to medical marijuana dispensary, located at 1541 E. Basin Avenue, Pahrump, Applicant. 41. For Possible Action Medical Marijuana Establishment License Renewal PLANNING/BUILDING would come back to the Board for approval passed with 5 yeas. dollar figures until the Board saw something else and as the sponsor of the grants they The motion to approve the Town of Pahrump to sponsor grants but at this point no their van. He said they were asking the Commissioners to fulfill their obligation to the veterans or seniors. The veterans banded together and raised enough money to buy veterans in Pahrump and Nye County. Arthur Jones said when they moved here in June, 1992, there was no transportation for other one was a back-up vehicle. Mr. Bass explained one bus was donated to cover the gap in veterans services and the Match 15, 2016 Page 10

11 Application MM : Discussion and deliberation on a request to medical marijuana dispensary, located at 1541 E. Basin Avenue, Pahrump. Applicant.-Cont d. Assessor Parcel # TGIG, LLC dba The Grove Weliness Center approve the annual renewal of the Medical Marijuana Establishment License for a 41. For Possible Action Medical Marijuana Establishment License Renewal and characterize each of the stratas. Also in the documentation it was never acknowledged where the water level was. Mr. Bent believed NDEP said it was 70 feet, absolutely missing in the back-up was the consideration of what happened when and 40 feet, and Greg Dann tested and established around 50 feet. The major thing project and approve it. The documentation from NDEP said they shall drill to the aquifer but the documents from Valentine Engineering showed it was historically between 30 been in a position to look at the documents that were basically design criteria for this Mr. Bent stated one of his questions at the RPC meeting was how the RPC could have was not appropriate for review; however, Mr. Bent could point to the lack of evidence presented to the RPC for their review. to evidence that they had that would support their position. To go outside of the record determined if there was adequate evidence before the RPC to support the findings they made. The Commissioners would need to disagree with the findings and should point Angela Bello explained the Board was conducting a judicial review which meant they was possibly worse. add something to the water that was not in there to begin with, was not beneficial and Adding secondary effluent into the water supply would add low-level contaminants which probably should be scrutinized. Mr. Bent questioned if it was moral and ethical to Kenny Bent, the appellant, felt this was moved through without enough investigation. Commissioner Carbone opened the public hearing. File Map #722145, Parcel 1. AP# UICN Real Estate Holdings. Inc. groundwater recharge, located on a acre parcel zoned Open Space (OS). further described as a portion of Section 22, Township 20 South, Range 53 East, Willow Creek Property, for the purposes of effluent disposal, flood control, and 8.11:00 - For Possible Action AP : Public hearing, discussion and deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU O which allows for Property Owner. Utilities Inc. of Central Nevada Applicant/Grantee. Appellant the construction and operation of two Rapid Infiltration Basins (RIBs) on the Kenneth Bent. TIMED ITEMS The motion to approve the license passed with 5 yeas. Page 11

12 to determine the long-range effects. effluent was put in the water and the overall conclusion was there was no possible way deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d :00 - For Possible Action AP : Public hearing, discussion and meetings and he never saw the Valentine report. It talked about the tests ran and Mr. Caudle did not think any of the gentlemen on the board really analyzed what that said or were qualified to make such a monumental decision if it would impact the groundwater determination and not by somebody from Roads and Grounds. Mr. Caudle felt pulling stewardship. partially treated effluent into the pristine drinking water in the valley was not good Dave Caudle said he was at both the RPC and the Water District Governing Board looked at by a good engineering firm working for the County Commission to make that or not. They were going by documentation supplied by Utilities, Inc. If he was on the board he might have done the same thing, but Mr. Caudle thought it should have been requirements at public cost for public facilities and services as both of those were sole source aquifers and his whole point was that information was not made available. unknowns. He believed the potential costs in the future would be health-related and out there were eight states that frowned on putting effluent or other contaminants into there was not enough information given during the meeting about that. Mr. Bent pointed he disagreed that the conditional use would not potentially create excessive additional Mr. Bent said it was just a mailer of time until the plume reached that. He then stated down gradient to the domestic well. Commissioner Schinhofen commented he checked and it was three-quarters of a mile for private wells. they were talking about commercial and public wells with no consideration whatsoever Mr. Bent said in the back-up the closest well protection area was 3,900 feet away, but this. Commissioner Carbone asked Mr. Bent if he was saying there were no wells to monitor where there were domestic wells. neighborhood uses, but Mr. Bent pointed out it was not very far down gradient from 3 was that the use would not be hazardous or disturbing to existing or future why they approved the permit, he did not believe numbers 3, 4 and 6 applied. Condition Mr. Bent said it was the site conditions. Of the eight considerations they looked at as to different with the testing. Commissioner Carbone asked if there was something in the RPC s decision that was Page 12

13 aquifer it had time and distance to get back into it. The information provided did not deliberation on an Anneal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d. Shane Navarra said any time partially treated sewage water was put outside of an 8. 11:00 - For Possible Action AP : Public hearing, discussion and Burt that signified this was not an appropriate land use. She said the Commissioners proposed land use considered a contaminant source. The answer was yes and to Ms. potentially cause or contribute to the degradation of groundwater quality and/or was the Commission s staff report asked the question if the proposed project s land use would Brenda Burt noted that as a land use issue the Pahrump Regional Planning in the ground was bad for them since they drank bottled water. were elected to represent the public and four of them knew that putting the water back Herman Payne said he had lived in Pahrump for 24 years. The five Commissioners Commissioner Schinhofen stated this appeal was about land use and all of the data and doubts the public had needed to be addressed to NDEP. confirmed that NDEP was responsible for the water quality that went into the RIBs. well as the location of the RIBs and then appropriate conditions for approval. He also Darrell Lacy verified for Commissioner Schinhofen that the RPC looked at land use as would not be hazardous or disturbing to existing or future neighboring uses; that it would public facility services; and that it would not be detrimental to the economic welfare of as a whole; that it would not create excessive additional requirements at public cost for be a substantial improvement to property in the immediate vicinity and the community whether or not the RIBs should be approved. He disagreed with the findings that it insurance requirements or bond put on this situation. either the RPC hearing or in the back-up today. He also pointed out that there were no the community. Mr. Lilly stated there was no evidence supporting those presented at Dwight Lilly did not believe that the Commissioners had the expertise to determine case law was one thing, but to go where Mr. Bosta was going was outside this Board s information. To make a general statement that they should have considered pertinent purview. Ms. Bello cautioned that was different than saying the RPC did not have adequate would leak into the ground. John Bosta talked about a California Supreme Court decision that a liner in a pond question. He wondered what the 30 or 40 year environmental impact was. If it was not prove that material could not make it to everybody s water source. potable water Mr. Navarra felt it should not be out there unless there was a way to give an adequate answer as to the left behind solids, which put the whole report in Page 13

14 for a repeal of the RPC s decision. had three options today and she would not understand any decision other than to vote deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d :00 - For Possible Action AP : Public hearing, discussion and especially when it came to this. He did not think this should be approved if there was the potential for it to affect the water. Don Cox said he kept hearing the word potential and to him that was a scary word, whether that was a possibility here. asked if the company that ran the utility had the capacity to continue to function and plant could not function and they were dumping raw sewage into the bay. Mr. Alberti Diego, but also Arizona and the California Baja. The result was the sewage processing Andy Alberti said he read an article about a power failure that affected not only San clear that Pahrump was not one of the long-term water quality monitoring sites in the State. Greg Dann said the last page of the back-up was a letter from an attorney in Newport controlled growth and consistent hands-on management. Mr. Dann stated he had not investigating on NDEP and learned about their very lax criteria. He wanted to make it seen controlled growth in Pahrump in a long time. Additionally, Mr. Dann did some He visited their Web page which stated their success principle was stability through Beach, California, and they were against the installation of two RIBs on Willow Creek. RPC to make the decision that it was perfectly fine to put it where they did. against and putting it in the aquifer. He did not believe it was within the scope of the Mr. Bent stated this was taking all the things the wellhead protection plan was guarding Mr. Lacy said that was correct and this was not an injection well. This was a RIB. Commissioner Wichman said she was getting the impression that people were confused between injection and infiltration. sure there was ongoing monitoring as well as allowing the County to take any samples. there was no degradation in the quality of the water and in his opinion this would not looked at and approved as part of the RPC back-up were to mitigate the risk and make provide any degradation of the water quality in the valley. identified many potential sources of contamination. The recommendations from staff Additionally, the gentleman from NDEP stated his approval process was to ensure that was completed in It looked at all of the public water systems in the County and Mr. Lacy explained the Planning Department did a source water protection plan which Match 15, 2016 Page 14

15 mission statement was to look at the water. Daniel Burejsza questioned why this issue did not go through the water board as their approval of Conditional Use Permit Application CU Cont d. deliberation on an Appeal of the Pahrump Regional Planning Commission s 8. I 1:00 - For Possible Action AP : Public hearing, discussion and actually increased the filtration. the RIBs. The water went to the property and percolated through the ground and a RIB as land use, the land was being used exactly the same way with the RIBS as without Wendy Barneff, president of Utilities Inc., stated it was their request for the RIBs. As far care of at a later date when more information was available. Dean Brooks thought the RIBs were somewhere between injection and irrigation. He said there could be unintended consequences and this should be stopped and taken people felt it needed to be placed somewhere else with more land for filtration. Linda Hatley hoped the Board appealed this and it went back to the table as a lot of people. Diane Marie Holguin felt the water issue should be left to professionals, not to the mistakes were made. Herman Lewis said this was a land use issue, but he believed it should be revisited as heard one word to reassure them. David Griffin said a whole lot of people were nervous about their wells and he had not some confusion between injection wells and RIBs and she was answered. Commissioner Wichman clarified she was asking a question of Darrell Lacy if there was that they did not know what was going on. what the facts were. She thought it was condescending and insulting to say to them Tina Trenner knew a lot of people in the room were extremely competent and knew Leslie McQuade thought the decision was hasty and wanted it rescinded. Mr. Burejsza thought the RIB issue was to promote growth. Commissioner Carbone stated they made no decision. Mr. Burejsza said it was not approved by them yet it proceeded. Commissioner Schinhofen commented it was on their agenda twice. Page 15

16 decision. Ms. Bello repeated that the issue was if the RPC had adequate information to make the deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d :00 - For Possible Action AP : Public hearing, discussion and including the waters that went into the aquifer. Schinhofen also knew NDEP protected the waters of the state, meaning all waters, his statements and all the other statements had been about what if. Commissioner Commissioner Schinhofen read Nye County Code Section which stated when grant to the planning commission s decision a presumption of correctness placing the the appellant gave any facts that this was not the proper place to have RIBs. Most of burden of persuasion of error on the appellant. Commissioner Schinhofen did not feel acting on the appeal of a decision made by the planning commission the board shall required to be filtered so it was not as clean as they said it was. Fred Holme said the permit was in error as they did not filtrate the effluent as it was Ms. Barneff advised they were permitted for RIBs to percolate at this time by NDEP. permit largely because of the way it was done. bought those 160 acres that they needed to mitigate anyway, but they did not have a the picture. He requested the Board rescind the decision and deny the conditional use required to drill down to the water table and identify the strata and take a bigger look at permit for percolating effluent in the ground. Concerning the report itself, Mr. Bent pointed out there was a conflict with the report from NDEP and the fact that they were public water, not private wells. As far as the degradation of the ponds, Utilities, Inc. Mr. Bent stated a lot of this was contingent upon NDEP standards, which protected abundance of evidence to support the underlying decision on the land use. was not evidence. The legal standard was to determine whether the decision of the Commissioners were hearing today was a lot of speculation and a lot of potential, which Laura Granier, outside counsel for UICN, pointed out that staff and the RPC made findings absolutely consistent with Nye County Code (l). What the RPC was based upon substantial evidence, and Ms. Granier felt there was an reassure them since she was also On a domestic well as to why this did not harm the it had been for 20 years and putting the RIBs in was to clean up the mess from the prior Hafen specifically brought up the report several times about the soils and the thorough reports, and they knew it had been through the PUC and engineers. Commissioner investigation done on this property. Ms. Barnett stated it was still the same land use as property owner. If anyone wanted to speak with her after the meeting so she could aquifer Ms. Barnett would be happy to do that. Ms. Barneff indicated they did because they had the engineering report, the NDEP Match 15, 2016 Page 16

17 Commission; seconded by Commissioner Wichman. Commissioner Schinhofen made a motion to uphold the decision by the Planning approval of Conditional Use Permit Application CU Cont d. deliberation on an Appeal of the Pahrump Regional Planning Commission s 8. 11:00 - For Possible Action AP : Public hearing, discussion and he was giving them the ability to reapply immediately or if there was a period of time. Since it was without prejudice, Commissioner Carbone asked Commissioner Borasky if potentially cause or contribute to the degradation of the groundwater quality or be without prejudice; seconded by Commissioner Cox. that the RPC did not have adequate evidence to support finding 4 that the RIBs would the groundwater quality. He also did not believe the RPC had enough information about the project s potential risk to domestic wells in finding 4 and therefore he would deny RPC adequately considered or gave enough weight to the risk the RIBs could have on considered a potential contaminant source. Commissioner Borasky did not believe the as a whole. The RPC had a staff report pointing out there was a high risk that could be a substantial improvement to the property in the immediate vicinity and community Commissioner Borasky made a motion to deny without prejudice based on his belief failed with 2 yeas. Commissioners Borasky, Carbone and Cox voted no. was a land use issue and the issues brought up need to be approached with NDEP The motion to uphold the decision by the Planning Commission with the facts that this get those from UICN. There was also an ongoing process for monitoring the quality of the water coming from the sewer plant as well as around the RIBs monitoring reports to NDEP which were reviewed on a periodic basis. As part of the RPC approval they had to share those reports with the County so the County would now Mr. Lacy advised they did check on it. The permittee was required to submit quarterly issued the permits they had nothing more to do with it. She had been in contact with various agencies and Robert Weimer from the Bureau of of evidence submitted to the RPC and no one had proved to her the aquifer would not Commissioner Cox stated her disagreement with the motion. She felt there was a lack get contaminated. She was also concerned about the County being sued in the future. Water Pollution Control said it was up to the County to make the decision as once they need to be approached with NDEP; Commissioner Wichman amended her second. Commission with the facts that this was a land use issue and the concerns brought up Commissioner Schinhofen amended his motion to uphold the decision by the Planning Commissioner Carbone closed the public hearing. Page 17

18 8. 11:00 - For Possible Action AP : Public hearing, discussion and Commissioner Wichman pointed out there was a vote and it was killed so it had been have to. denied. That meant the RPC could look at it again if they wanted to, but they did not deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d. on Friday at 11:00 a.m. to talk about veterans incarcerated and their medical activities. Commissioner Carbone said he had been invited to a roundtable at Dean Heller s office her office had processed probably 1,500 new voter applications in the last eight weeks. on the March 29, 2016, teleconference to determine how they wanted to handle it. Also, Sam Merlino informed the Commissioners of a new nuisance in Gabbs which would be Commissioner Cox stated she also signed up to run again. she signed up to run for office on Monday. ideas which she passed on to Pam Webster. Commissioner Wichman then announced Local Government Finance last week in Carson City. She came back with a couple of Commissioner Wichman attended a workshop of the NACO Emeritus Committee for Pahrump. live in and he wanted to get information on that to see if it was something to utilize in Friday to look at their set up. They had a converted conex container for individuals to Commissioner Borasky said he would travel to the Veterans Village in Las Vegas on would be on March 17, Commissioner Schinhofen said May 6-8, 2016, was the Wild West Extravaganza and Bluegrass Festival. The grand opening of The Grove, the County s only dispensary, 5. Announcements (first) The Board was in recess until 3:00 p.m. Commissioner Borasky withdrew his motion. Commissioner Cox withdrew her second. Schinhofen that she seconded which failed. Commissioner Wichman said that was not part of the motion made by Commissioner Commissioner Borasky said they could reapply whenever they wished to. If the Commissioners did it with prejudice then they could not. Page 18

19 Officer, but she was unable to so Mrs. Webster would try to go. Commissioner Wichman suggested appointing someone to attend the presentation Pam Webster said she had asked Maureen Budahi to attend as the Public Health being given tomorrow of Robert Wood Johnson s study on healthcare. 5. Announcements (first)-cont d. Moose and Deer that had big holes in it too. Commissioner Cox stated there was another street like that near River Plate between on the road report for this week but had to be pushed off until next week. Tim Carlo from Public Works said the cul-de-sacs on Calvada were currently scheduled half years ago, which was just paving the existing roadway. It would be 28 feet wide would submit a new SF299 to the BLM to show them the plan and reversion back to the original submittal and approval from N FLAP. with two down slopes and NFLAP would redesign the grade elevations. The County reverted back to the original design plan and criteria the County submitted two and a Dave Fanning, Public Works Director, relayed that the Manhattan road project would be 9. For Possible Action - General road report by Public Works Director Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS Edwards; seconded by Commissioner Wichman; 5 yeas. Commissioner Schinhofen made a motion to appoint Canton McCaslin and Bobby 0. to the Pahrump Library Board due to two (2) expiring terms. 28. For Possible Action Discussion and deliberation to appoint two (2) members CLERK Commissioner Wichman said she may have to impose on the Commissioners for a special meeting if some of the things she was working on came together. topicslissues proposed for future workshopslagendas) 7. Commissioners IManager s Comments (This item limited to announcements or This item was removed from the agenda. 6. For Possible Action - Emergency Items Page 19

20 was still a lot of equipment out in the roadway so people should use caution. Commissioner Cox asked if they were widening Gamebird as it was graded hugely. Mr. Carlo added they had Gamebird dug out and excavated down to Barney. There 9. For Possible Action - General road report by Public Works Director-Cont d. side. turn but the toad was not curved right. He suggested adding another arrow on each roundabouts right outside the Eye because some of them have arrows that indicate to Commissioner Borasky said people were getting really confused with the two little the fence, and burning the word stop on the pavement. rumble strips along with yellow flashing lights on the Stop Sign Ahead sign, lights on Mr. Carlo stated they had put rumble strips in and after this last one they added more Borasky then pointed out the fence was knocked down at Pahrump Valley Boulevard and Gamebird again and asked what could be done to prevent that. 160 and how deep the trench that went through there was getting. Commissioner Works to take a look at it. He also mentioned the crossover on Manse Road at Highway in diameter and growing. The person who lived close to it hit it and would like Public Commissioner Borasky advised of a pothole at 1610 Bruce which was about 18 inches classes for people to better understand how to negotiate a roundabout. Commissioner Borasky said when it got close he would like to have a couple of training Darrell Lacy added he heard they were having a little difficulty with some of the right-ofways and it got pushed back a few of months. He would try to get an update. Commissioner Schinhofen stated he was told by Lee Bonner, the government liaison, that it would start in 2016 and finish up in more than he did as they initiated the contract and everything. Mr. Fanning said Commissioner Borasky should talk to Planning since they would know Commissioner Borasky said he had received three s in the last two weeks from people anxious to see the roundabouts built and he asked when they would start. scale tests on some of the trucks going in and out. Some of the weights on the roads County Code as well as possibly getting the highway patrol to help out by doing may also need to be changed until they were repaired. Commissioner Carbone commented how the weather and heavy trucks beat up the roads. He hoped during the next RTC meeting they could discuss Bell Vista and using Mr. Carlo explained that was overbuild for the shoulders. Page 20

21 Commissioner Wichman expressed her thanks for the repair on Pablo Road. the County s nine cents from January. He had re-contacted everyone and made sure Mr. Fanning stated he just found out that the DMV side of things had not been logging in 9. For Possible Action - General road report by Public Works Director-Cont d. Borasky brought up did not intend to modify. The only option left was it was reversed. seconded and failed. There was no motion to modify and even what Commissioner Commissioner Wichman noted the motion was to uphold the RPC decision, which was that the Board did not need to do that because the failed motion automatically reversed was she was concerned that the decision stood because it was not reversed. reopened, she thought a motion to clarify that one item would be okay. If it was left as it it. Ms. Bello did not know if that was the case and while items were not typically a motion to reverse which did not happen. It appeared to her that there was a thought motion to affirm which failed, and it seemed Commissioner Borasky attempted to make Angela Bello said she had procedural concerns about how item 8 ended. There was a deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d :00 - For Possible Action AP : Public hearing, discussion and Commissioner Carbone assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS something that was not put back up NDOT would have to be told. widening they would not replace any signs until that was done. If someone saw Mr. Fanning said NDOT had advised that since they were coming through with the sign there all bent up because a garbage truck hit it. Commissioner Cox said on the corner of Mesquite and Highway 160 there was a street them out. They would do a permit and start posting them. Mr. Fanning advised when NDOT did the widening toward the landfill they had taken with NDOT to get some signs on their right-of-way. Commissioner Carbone asked about the covered load signs. The only signs he saw was nothing on Mesquite on the other side. He did not know if the County should work were on Mesquite on the other side of Highway 160 going up to the landfill and there now. information on some of the gas stations in Tonopah since there was a new one there the additional five cent increase was drawn on from January to now so the County should start seeing that in the reserves. He said they were also seeking more Page 21

22 8. 11:00 - For Possible Action AP : Public hearing, discussion and Ms. Bello understood that by failing to affirm it was implicitly reversed and she could deliberation on an Appeal of the Pahrump Regional Planning Commission s approval of Conditional Use Permit Application CU Cont d. the plane once the lease was signed. Pam Webster clarified Scoccia owned the hangar and leased it to Life Guard for a lease the hangar. They would also reimburse the County for the repair done on the door for rate of $3, a month. She explained Life Guard had requested the lease rate of $1.00 per year and they agreed to make major improvements and do maintenance on Commissioner Carbone understood this was a subleased item to Scoccia at one time. like that. was mentioned in the document. Mrs. Dellinger had not been made aware of anything Commissioner Borasky asked if there were plans for them to sublease property as it Lorina Dellinger advised of a minor correction needed on the legal description. The to 1.84 acreage to mirror the Pegasus lease agreement. township, range and section were correct, but the 5.94 acreage needed to be changed Commissioner Wich man made a motion to approve; seconded by Commissioner Cox. and non-emergency air medical transportation. maintenance, and operation of a fixed-wing air ambulance to provide emergency agreement with Life Guard International, Inc. for the purposes of storage, 33. For Possible Action Discussion and deliberation regarding a lease COUNTY MANAGER seconded by Commissioner Cox; 3 yeas. Commissioners Wichman and Schinhofen to make finding 4 so Commissioner Borasky made a motion to deny without prejudice; potentially cause or contribute to the degradation of groundwater quality or be quality or that the RPC had enough information as to the project s risk to domestic wells improvement to the property in the immediate vicinity and the community as a whole. voted no. The RPC had the staff report pointing out there was a high risk that the project could adequate evidence to support finding 4 that the RIBs would be a substantial Commissioner Borasky made a motion to deny based on not believing the RPC had considered a potential contaminant source. He did not believe the RPC adequately considered or gave enough weight to the risk these RIBs could have on groundwater Commissioners as to their understanding of the action, Ms. Bello recommended putting the motion back on the floor so there was no question and it was procedurally clean. argue that, but her staff was of the opinion that it did not. After polling the Page 22

23 The motion to approve passed with 5 yeas. and non-emergency air medical transportation.-cont d. agreement with Life Guard International, Inc. for the purposes of storage. maintenance, and operation of a fixed-wing air ambulance to provide emergency 33. For Possible Action Discussion and deliberation regarding a lease Commissioner Schinhofen made a motion to approve items 19-23; seconded by Commissioner Wichman; 5 yeas. 19. For Possible Action Approval of Elected Official Collection Report CONSENT AGENDA ITEMS These are items that Staff recommends for approval. 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 Commissioner Carbone assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS Schinhofen; 6 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner NV. Lalith Mohotti, Applicant. Gaming License for Low, Low Liquor & Mini Mart, 1021 E. Gamebird, Pahrump. 11. For Possible Action Discussion and deliberation regarding approval of a GAMING from receiving this license; seconded by Commissioner Schinhofen; 6 yeas. paid, and the background checks had been done and he saw no reason to stop them Commissioner Carbone made a motion that all the paperwork was in order, fees were Rhodes, Applicant. additional Managerlkey Employee for an existing Brothel License issued to Chicken Ranch, Kenneth Green, Homestead Rd, Pahrump NV. Kenneth J. 10. For Possible Action Discussion and deliberation regarding approval of an BROTHEL Commissioner Borasky assumed the Chair of the Licensing and Liquor Board. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD Page 23

24 21. For Possible Action Approval to set the date and location of the second Commissioner Schinhofen made a motion to approve items 19-23; seconded by Commissioner Wichman; 5 yeas. 20. For Possible Action Approval of Assessor s Office Change Requests Commissioner Schinhofen was not present. Memorandum of Understanding with the Board of Regents of the Nevada System for the purpose of providing EMT educational training. of Higher Education on behalf of Great Basin College and the Town of Pahrump 16. For Possible Action Discussion and deliberation to enter into a This item was removed from the agenda. 14. Ambulance Services Report There were none. 13. Business Recognitions There were none. 12. Committee Reports PAHRUMP-Cont d. Commissioner Schinhofen made a motion to approve items 19-23; seconded by Commissioner Wichman; 5 yeas. current Nye County Sheriff s Office staff training. of Child and Family Services. Victims of Crime Act (VOCA) Grant to provide 23. For Possible Action Approval to ratify the application for the 2016 Division Commissioner Schinhofen made a motion to approve items 19-23; seconded by Commissioner Wichman; 5 yeas. Health Services Administration (SAMSHA) grant for the Fifth Judicial District Adult Drug Court program in Pahrump. 22. For Possible Action Approval to apply for the Substance Abuse and Mental Commissioner Schinhofen made a motion to approve items 19-23; seconded by Commissioner Wichman; 5 yeas. Nevada. meeting of the Board of Commissioners for Tuesday, June 21g 2016 in Pahrump, Page 24

25 competition with each other. Commissioner Wichman wondered if this item and item 18 were in conflict or for the purpose of providing EMT educational training.-cont d. Memorandum of Understanding with the Board of Regents of the Nevada System of Higher Education on behalf of Great Basin College and the Town of Pahrump 16. For Possible Action Discussion and deliberation to enter into a Understanding: seconded by Commissioner Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve the Memorandum of Memorandum of Understanding with the Southern Inyo Fire Protection District the purpose of providing training for Emergency Medical Technicians. and the Town of Pahrump on behalf of Pahrump Valley Fire & Rescue Services for 18. For Possible Action Discussion and deliberation to enter into a The motion to approve passed with 5 yeas. Commissioner Schinhofen was present. decision and there was no intention to change the status. Pam Webster explained this was just authorizing the town manager to make the grounds manager to drive their vehicles home was very shortsighted. Tim Hafen felt not allowing the town manager, the tire chief and the buildings and Borasky. Commissioner Wichman made a motion to approve: seconded by Commissioner the Town of Pahrump s Employee Personnel Manual and matters properly related thereto. 17. For Possible Action Discussion and deliberation regarding amendments to Borasky; 4 yeas. Commissioner Carbone made a motion to approve; seconded by Commissioner checked with POOL/PACT on that because she had the same concern. for Nye County they were already covered under the County insurance. She had Mrs. Webster said the students did not drive vehicles and because they were volunteers Commissioner Borasky said he was not clear who would insure the students. students to have practical application after completing their course work. They were not Pam Webster advised one was with lnyo County and one was with Great Basin in Nevada. Both were ride along programs with the fire department and enabled their competing with each other. Page 25

26 that there would be a report on businesses in April. The report was in the back-up. Commissioner Carbone confirmed with Pam Webster 30. Ongoing Project Report COUNTY MANAGER-Cont d. Wichman. Mrs. Webster suggested keeping it on the list so they tracked it with Commissioner back. legislator, Commissioner Wichman suggested removing it from the list unless she came Commissioner Wichman said she had been told by a couple of legislators that any Counties, however, she had mote than one solution to propose to the Legislative Committee on Healthcare. As she suspected she would get help on that from one request to change 450 was going to meet with resistance from both Clark and Washoe district, and fire and ambulance for rural areas. She outlined the four areas as the public safety sales tax, animal services, the hospital which was a sizable undertaking for staff. She was hoping a sponsor on the Board could be assigned to work with staff so there could be some guidance on the direction. Pam Webster explained there were four areas they wanted to concentrate on for BDRs, Commissioner Schinhofen stated he would like to have the same deal the State had pressing issues. with its employees that they could not collectively bargain, but he knew there were other Requests (BDRs) Nye County submits for the 2017 Legislative Session. 31. For Possible Action Discussion and deliberation regarding Bill Draft COUNTY MANAGER-Cont d. Commissioner Schinhofen made a motion to approve his plan; seconded by Commissioner Carbone; 5 yeas. Commissioner Schinhofen said the plan looked fine to him and if the Board accepted it the gentleman would have 60 days to finish. County Resolution No , adopted on February 16, Pahrump, Nevada as determined by the Board of County Commissioners on February 16, 2016 and as ordered to abate the nuisance as set forth in Nye progress of the abatement of the nuisance located at 2421 Hacienda Street, 27. For Possible Action Discussion and deliberation regarding the status and BOARD OF COMMISSIONERS Page 26

27 Mrs. Webster said it was about the reimbursement of costs to keep dogs in protective Commissioner Schinhofen asked about animal services. Requests (BDRs) Nye County submits for the 2017 Legislative Session.-Cont d. 31. For Possible Action Discussion and deliberation regarding Bill Draft Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner personal property. between Clark County School District and Nye County for the donation of surplus 34. For Possible Action Discussion and deliberation regarding an agreement EMERGENCY MANAGEMENT Legislature took action in 2015 and it was sent to the federal government in bill form. Commissioner Wichman stated she spent a year on that subcommittee. The from the federal government. Commissioner Cox said she would have liked to help champion taking back the state that. Commissioner Schinhofen advised he was still going to try to get a legislator to carry Commissioner Cox said she would like to do away with the unions. Commissioner Borasky stated he would take the fire and ambulance for rural areas. through their championing of these items they should try to persuade a legislator or committee to use their BDR. Commissioner Wichman reminded the Commissioners the County only got one BDR so Commissioner Carbone said he would do the half percent sales tax. Commissioner Schinhofen said he would shepherd that one. NRS limited reimbursement to two weeks. into custody for cwelty. At $15.00 a day the total would have been $883,000.00, but the custody. Just as a calculation she sat down and looked at the 70 dogs that were taken Match 15, 2016 Page 27

28 Commissioner Schinhofen made a motion to send it. be submitted to the Department of Taxation. Action Letter for the Annual Audit Report for Fiscal Year ending June 30, 2015 to 35. For Possible Action Discussion and deliberation regarding the Corrective FINANCE Wichman; 5 yeas. Commissioner Schinhofen made a motion to accept; second by Commissioner through June 30, Housing Division Welfare Set-Aside Program. Agreement to run from July 1, 2016 accept funding revenue in the amount of not to exceed $17, from Nevada 38. For Possible Action Discussion and deliberation regarding a request to HEALTH & HUMAN SERVICES 5 yeas. resources to increase to those levels at this time; seconded by Commissioner Wich man; Commissioner Schinhofen made a motion that the County did not have the financial be able to raise the elected officials salaries. Commissioner Schinhofen did not see any way with the County s financial situation to whether or not sufficient financial resources are available to increase the compensation of elected county officers pursuant to Senate Bill No For Possible Action Discussion and deliberation to make a determination Commissioner Carbone seconded the motion to send it; 5 yeas. The Board took a brief recess to review the letter. Commissioner Wichman stated she had not seen the letter. Page 28

29 Set a date, time, and location for a Public Hearing on Nye County Bill No : Establishments; and providing for the severability, constitutionality and effective A Bill proposing to amend Nye County Code pertaining to Medical Marijuana 40. For Possible Action Discussion and deliberation regarding a request to: 1) PLANNINGIBUILDING Dwight Lilly wondered what qualifications were being considered for appointing an interim comptroller. Commissioner Carbone noted the 90 days would be waived if it was an issue. Commissioner Wichman amended her motion to approve this and appoint Pam Webster; Commissioner Schinhofen amended his second. Pam Webster pointed out the motion needed to include who was being appointed. Schinhofen. Commissioner Wichman made a motion to approve; seconded by Commissioner Comptroller effective March 25, For Possible Action Discussion and deliberation to appoint an interim COUNTY MANAGER-Cont d. Commissioner Schinhofen read the title of the bill into the record. Commissioners chambers passed with 5 yeas. County Bill No as April 19, 2016, at 11:00 a.m., in the Board of County The motion based on staff recommendation to set the date, time, and location for Nye security plan reviews about 60 days prior to that date. Darrell Lacy said from a procedural perspective they needed the water impact plan and Wichman. a.m., in the Board of County Commissioners chambers; seconded by Commissioner Commissioner Schinhofen made a motion based on staff recommendation to set the date, time, and location for Nye County Bill No as April 19, 2016, at 11:00 see about how to dispose of extraction, look at disposals, and other licensing Commissioner Schinhofen explained this was to reopen the marijuana medical laws to requirements. date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record. Page 29

30 The motion to approve this and appoint Pam Webster passed with 5 yeas. finance manager for many, many years. Commissioner Carbone advised the person who was being appointed had been a Comptroller effective March 25, Cont d. 32. For Possible Action Discussion and deliberation to appoint an interim periods. It was also encouraging to her that by achieving a balanced budget in FYi 7 was encouraging, and there had also been good results from the 90 day waiting that might do to help offset the shortfall. This was the first time she saw this also and it information for this year s revenue projection, an ending fund balance, and then what in April she would have the complete normal budget presentation with the updated the final revenue projections from the State until March 25, On the first meeting Mrs. Webster said there was no recommended action today because she would not get 5.45% reduction versus the 6% to 7% looked at previously. maintenance agreements. The total was $1.15 million, which was down to about a and step increases with provisions for the Clerk for the election and some fixed costs in projected forward, including an anticipated increase of the health insurance premium On the expense page, Mrs. Webster noted the current salaries and benefits had been which was decidedly better than what was looked at before. received. Mrs. Webster stated at the current ending fund balance, exclusive of the projection was the net proceeds line because that was the year none would be committed ending fund balance, the shortfall looked like it was around $1.5 million, FY16 budgeted revenue, and the FY17 projection. The hole in the FY17 revenue Pam Webster began her review with the revenue. Displayed was the FYI 5 actual, the County Manager; seconded by Commissioner Wichman; 5 yeas. Commissioner Schinhofen made a motion to accept additional documentation from the status for Fiscal Year 2016, budget projections and possible actions. 37. For Possible Action Discussion and deliberation regarding the budget FINANCE-Cont d. Commissioner Schinhofen made a motion to waive the 90 days; seconded by Commissioner Wichman; 5 yeas. position # in the Pahrump Finance Office effective immediately due to the employee resigning effective March 25, For Possible Action Discussion and deliberation to fill a vacant Comptroller H!R AND RISK MANAGEMENT Page 30

31 future, not rely on them. with zero net proceeds meant the County would be able to use net proceeds in the status for Fiscal Year 2016, budget projections and possible actions.-cont d. 37. For Possible Action Discussion and deliberation regarding the budget Commissioner Schinhofen made a motion to adjourn to closed; seconded by Commissioner Cox; 5 yeas. labor negotiations, issues and other personnel matters. purposes of conferring with the County s management representatives regarding 24. For Possible Action Closure of meeting, pursuant to NRS for BOARD OF COMMISSIONERS-Cont d. Mrs. Webster said the miscellaneous overhead line in the general fund. had to pay things like that. Commissioner Cox asked what account the deductibles came out of when the County thousands of dollars. wondered if those were accounted for in the projections as it could be hundreds of Mr. Lilly noted the number of lawsuits pending against the County right now and Commissioner Carbone said not unless they got a promotion. go up another step and their income raised. they were replacing. He asked if those step levels were frozen or if some of them would Dwight Lilly expressed concern about hiring people at a lower step level than the people fund, and a portion of it went to the general fund. Mrs. Webster advised it went back to where it was originally taken from, the endowment on the Blagg Road project. Commissioner Cox asked if the County ever recovered the $4.5 million from the lawsuit final payment of FYI 5. and reduce it. She asked Finance to verify that when in fact they did classify it as the taxes in FYI 5 and she was afraid they were going to say they already paid this much Mrs. Webster stated her concern was they paid the final portion of the FYI 5 in lieu at a higher rate. Commissioner Wichman commented that the PILT payments had also been approved Page 31

32 The Board was in a closed meeting. other personnel mafters. County s management representatives regarding labor negotiations, issues and 25. Closed meeting, pursuant to NRS for purposes of conferring with the Chair Ny Cotkty Clerk / Deputy (Y Of,2016. APPROVED this ATTEST: Commissioner Carbone adjourned the meeting. 45. ADJOURN on the agenda she could get those committees together. turned in so there would be a short timeline for those, but as soon as this question was Mrs. Merlino explained she could not publish for the committees until the petitions got through. Commissioner Schinhofen asked about the committees for the other ones if they got Pam Webster indicated she was working on it. receiving potential from NACO. She wondered if that would be put on the agenda to Sam Merlino advised there was one ballot question due to ABI91 for which she had decide the wording and then brought back as a resolution to have it as a ballot question. 44. ANNOUNCEMENTS (second) investigate each and every one of the Commissioners and RPC members. 21, 2016, to voice her concerns as they investigate crimes by public officials. She said the risks RIBs posed to the safety of the aquifer. Ms. Bates called the FBI on February Angela Bello read a letter from Leslie Bates into the record stating her concerns about upon receiving evidence of any corruption, collusion, bribery, etc., the FBI would 43. GENERAL PUBLIC COMMENT (second) There was no action taken. issues and other personnel matters presented in closed meeting. 26. For Possible Action Discussion and deliberation on labor negotiations, Page 32

33 Subject: Richland Estates 1 restaurant, and retail stores are planned. Mr. Meads is referred as Mountain Motor Resort were Million-dollar homes, hotel, theater, Russ Meads, owner of M&M Construction is working at the Spring to avoid any responsibility to the home owners declared personnel bankruptcy (Chapter 7) in January to try any claims to the 14 litigates in the law suit. In fact, he has Fast forward...today, there is no action by Russ Meads to settle law suit was begun in November 14, Mr. Erbe contracted a construction defect lawyer. A Chapter 40 Where are the permits, inspections, soil testing, and bonding that informed of the faults. Mr. Meads did nothing to resolve issue. was required? Russ Meads at M&M Construction was contacted in 2011 and was resulting in the home sinking. their home in Their home developed cracks in 2011 in the The homes were built in Mr. and Mrs. Erbe bought walls and ceilings due to poorly compacted soil under the slab down turn. The plan was for M&M Construction AKA Classic Homes to build 473 new homes. Only 44 homes were completed due to economy Located 6 miles north of town off of Harris Farms Road O3//1(

34 Our attorney has come to the Pahrump courts to try to get a court applying for a contractor s license. a consultant on this project, yet he and his brother, Jeff are U 2 Dwight, Thanks, never turned over to the town. The subdivision will never be completed. What happened to the surety bond? The subdivision was never completed; therefore, the roads were In addition, the roads are cracked and have considerable sinking. inspections, soil testing and a bond were required. Maybe some people did not uphold their job duties. The town also has some responsibility because in 2005 permits, build the best homes possible or accept the responsibility to Where is the builders integrity to respect the commitment to correct the faults interest and she should recuse herself. State law requires this case. She is also a race car enthusiast, and has admitted to construction defect cases to be heard ASAP if any of the litigants are over the age of 75. This delay is causing the cracks to worsen. is overwhelmed with criminal cases and doesn t have time to hear allowed by law to the five years. The judge stated in court that she owning a place close to the race tract. Seems like a conflict of in fact, she is pushing the court date to the maximum time date for this action. The judge assigned has refused to litigate, and

35 STATE UNFUNDED MANDATES PER COMMISSIONER BORASKY thereabouts. problem in the Nye County finances. In a 60 million budget it amounted to 7.2 million or Recently we were informed by Commissioner Borasky that unfunded mandates were the Page 1 of 3 of A.B. 280 would, in part, allow the county to notify bargaining units that we do not benefits higher and higher, until today they consume 80 percent of our budget. Passage inflation and costs, collective bargaining agreements have forced employee salaries and and we struggle to provide services with significantly reduced revenues at today s have not bottomed out there yet. While our general fund revenues have reset to 2005 In Pahrump, every economic indicator we have seen leads us to the conclusion that we into. Dan Schinhofen, Commissioner, Nye County: April 7, 2015 Page 28 section 3 of the bill. But before I do, 1 want to share a little information about Nye can derive revenues to provide services to our citizens. Our ten communities, several The National Association of Counties 2014 Economic Tracker reported perfect zeroes employees is a privilege granted by legislation and not the right it seems to have turned size, with about 45,000 residents. Of that vast land area, 98 percent is owned, product recovered, and home prices recovered. Collective bargaining for government 280. While Nye County supports the bill in its entirety, I want to limit my remarks to County. We are the third largest county in the United States, 18,000 square miles in controlled, or managed by the federal government, leaving only 2 percent from which we article called us, The Poorest County in Nevada. I am here to speak in support of A.B. Lander, Eureka and White Pine Counties, to the extreme south, bordering Clark County. for Nye County in jobs recovered, unemployment rate recovered, gross domestic with fewer than 50 residents, are spread out from the extreme north, bordering Churchill, I am a county commissioner representing Nye County, or as a January 2015 USA Today committee at the State of Nevada April 07, Then I read the following comments which were presented to the Government affairs 50/50 (FY75 amount billed) 410, Juvenile Probation (10230) Youth Parole Services 39, Pre-sentence Investigation 757, Developmental Services for County Youth 4, China Springs Youth Camp 90, Behavioral Health 83, Health & Human Services (10284) Total 7,157, MISCELLANEOUS OVERHEAD (10101) Child Protective Services 342, ANNUAL AMOUNTS - o/tiit

36 Ate you saying that tight now you do not have the right to go in and negotiate? Chairman Ellison: Page 2 of 3 had very strong, highly paid employees. There are different ways of handling things through a strong human resources organization that would protect the people. Those I will go through a few charts on this PowerPoint quickly (Exhibit P) to give you the idea I have heard things, and Commissioner Borasky wrote about things that we had to I came out of the aerospace sector at Northrop Grumman. We did not have a union. We have their equipment reduced as well. We have to choose where we want to go. quickly as they are able to today. Any of the volunteer fire departments out there will The sheriff will be cut by 10 percent, which means they will not be able to respond as We had to cut $3.2 million out of our budget just to survive to the next year. It could get groups, it seems they are not looking at doing any more furloughs which would help us and help them. We will end up having a 10 percent layoff, which will hurt services throughout the entire county. worse in the next year. Today, from what we are getting from collective bargaining Assembly Committee on Government Affairs any longer. That goes back to where we are in our budget cycle. reduce. We had to reduce the size of our jail in Tonopah because we could not afford it April 7, 2015 Page 29 Nye Commissioner Frank Carbone we had many years ago. what is garnered by collective bargaining. Every year, these numbers of benefits and general fund. The numbers I want to show you here [page 4, (Exhibit P)] are on top of We have 48,000 people in our whole county spread out over 18,000 miles. It is a lot of the tax structure is set up, it will take multiple years to catch up to sustaining something of what Mr. Schinhofen was saying about our total assets for the county. This is just a community to take care of, specifically when your tax base is really small. With the way Frank Carbone, Commissioner, Nye County: the normal salaries of the employees. This is salaries climb. It hurts this community because we are very small. with representing all of the county, and less than 4 percent of them control our budget. they go to the unions. The point I left out was that those 400 people have substantial We do not have that control. When we negotiate, it ultimately goes to an arbitrator, and if you look at all arbitrations, Dan Schinhofen: control over what services we can continue to provide to 45,000 people. We are tasked intend to negotiate, although in Nye County s case, that we simply are not in a financial position to negotiate.

37 is. Ninety days was our probationary period, and usually the 90-day people were the first instead of helter-skelter when we have the unions telling us what the performance base for pay. Performance reviews are something that should be implemented completely bargaining group. There are other things that can be taken care of, such as performance are the people who ate currently in the collective 4 Page 3 of 3 Resident, Citizen and Voter Andrew Alberti borders on a question of competency. Perhaps it is time for a change in management and five new commissioners. After all this is an election year. management of the County and its affairs and finances is woefully inadequate and I could go on, but will end with this. There is the appearance in Nye County that basic in cost savings to the County. to be repaid by taxpayers. There was no report on when this action would actually result reported in the news as much as 6 million dollars which remains on the books as a debt borrowing money to buy out retirement packages of employees to the tune of as we are now on the State of Nevada oversight watch list for our finances, Pahrump without any documentation on the costs, statements from Commissioners that it is too expensive to move the County seat to failure to adjust to changing economic conditions, The unusually high rate of relatives related to other employees employed in the county, There are other issues such as unpaid property taxes on foreclosed homes. with. As a county, we are really hurting, and collective bargaining really hurts us. End of performance and where they sat in the curve of all the other people they were working comments. to go because they were on probation. But after they left probation, it was based on