February 18, 2014

Commissioner Wichman

said under item 7 on page 4, “inventory road list areas” should read “inventoried roadless areas.” She also thought item 35 was duplicated on page 13.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. February 18, 2014 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

said the Silver State Chili Cook-Off would be February 28, 2014 through Match 2, 2014. The Pahrump Balloon Festival would be March 7-9, 2014. In April the Pahrump Valley Cruiser Show and Shine would be held at Petrack Park. The High Desert Shorts International Film, Arts, Wine and Music Festival would also be at Petrack Park on May 21-25, 2014. Information on all of these events could be found on www.pahrumrevents.com.

Commissioner Carbone

stated on February 21 and 22, 2014, Agatha Christie’s Mouse Trap would be put on by New Hope Fellowship. Tickets cost $15.00 per person, which included dinner. Dinner started at 6:00 p.m. and the show would be at 7:00 p.m.

Commissioner Wichman

said she would be at the legislative conference for the National Association of Counties to attend the public lands steering committee meeting during the next Commissioners’ meeting and would not be able to call in. She also thanked

Commissioner Carbone

for attending the Western Counties Alliance meeting for her on Friday before she got there and she looked forward to having a new perspective.

Commissioner Schinhofen

said this Friday he would speak to the legislative committee on high level waste so if anyone besides Commissioner Borasky could attend the NACO conference by phone it would be great as the County did get three votes.

Commissioner Borasky

advised the homeless count was finished in Pahrump. In the school count alone there were 330 homeless children, which meant there was something seriously wrong in the community. Only 31 adults could be found though.

Commissioner Schinhofen

said there would also be an arranged dinner on Friday, February 28, 2014, at 4:00 p.m. where Pat Hogan and Commissioner Schinhofen would play music. Also, on May 2-4, 2014, the Wild West Extravaganza and the Bluegrass Festival would be held at Petrack Park.

Commissioner Cox

stated on Friday at 6:00 p.m. the Lincoln Day Republican Dinner would be held at the Pahrump Nugget. Tickets were $50.00 a seat and could be purchased at the Republican Headquarters.

Commissioner Carbone

noted the Water District Governing Board and the Groundwater Management Committee would both hold meetings on February 24, 2014.

Commissioner Wichman

asked for an update on the Shoshone communication site.

Commissioner Borasky

said he met with Senator Reid’s staff on the sage grouse issue and presented them with quite a bit of documentation. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Wichman

made a motion to approve items 17-21; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 17-21; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 17-21; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 17-21; seconded by

Commissioner Borasky

; 5 yeas. February 18, 2014

Commissioner Wichman

made a motion to approve items 17-21; seconded by

Commissioner Borasky

; 5 yeas. PUBLIC WORKS

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Borasky

asked what account this money would come from. Susan Paprocki advised it would come out of RTC Fund 10208.

Commissioner Cox

asked if there was any way to eliminate some things on this to make up the difference in the money or if money could be saved by only doing rounded curbs and gutters as they were less expensive and could also help with flood control. She thought the money would be better used for roads.

Commissioner Schinhofen

advised the RTC discussed that. Water coming across the highway undermined that road, so it was brought back for curbs and gutters so it would last longer. He said the RTC felt it was better to do it now and these were funds that needed to be used for these types of items.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Borasky

was not present.

Commissioner Wichman

made a motion to adopt Nye County Resolutions RC2013-541 through RC2013-565; seconded by Commissioner Schinhofen; 4 yeas. February 18, 2014 SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS 15. For Possible Action General road report by Public Works Director Dave Fanning, Public Works Director, said he had nothing to add to the report in the back-u p.

Commissioner Carbone

advised one of the town board members asked if it would be good for them to send a letter to the County backing up what it wanted to do with the roads on Highway 160. He said he would entertain that if the town board would do so to provide with the letter the County would send to N DOT.

Mr. Fanning

said he finally determined who to address that letter to, but the bad news was NDOT was not given funding to do any widening this year on Highway 160. He did not think that should not stop the letter though as the County needed to get NDOT’s attention.

Commissioner Cox

suggested dropping the speed limit or installing flashing caution signs in the area of Mesquite and Highway 160. She understood when the detention center came in they were going to do a light and that had not been done. She thought slowing people down in that area might help.

Mr. Fanning

said it was a budget issue with NDOT. Just a couple of months ago

Commissioner Borasky

asked NDOT to put flashing lights over the stop signs and that still had not been done as those were about $1,800.00 a piece. The signs

Commissioner Cox

suggested would be the same and NDOT was saying it did not have any funding. Mr. Fanning also noted that as far as the detention facility that did not met warrants for the traffic.

Commissioner Cox

suggested mentioning in the letter how NDOT had put a lot of money into Clark County for fancy overpasses and paintings while the Pahrump area was being passed over.

Commissioner Carbone

asked if another speed study was needed. Mr. Fanning said NDOT would have to do that. 16. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.1 70 and R.S. 2477 Right-of-Way.

Commissioner Wichman

made a motion to set the date, time, and location as March 18, 2014, at 10:15 a.m. in Pahrump for Nye County Resolutions RC2014-41 through RC2014-80; seconded by Commissioner Schinhofen; 5 yeas. February 18, 2014 BOARD OF COMMISSIONERS 22. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 23. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 24. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. COUNTY MANAGER 26. Ongoing Project Report The report was in the back-up.

Commissioner Borasky

asked to have future reports show whether NCREDA was involved.

Commissioner Cox

asked if everything was going good with the privatization of the animal shelter. Pam Webster said they were working toward the transition and an April 2, 2014 turnover, including the lease. 27. Report on Economic Development The report was in the back-up. TIMED ITEMS-Cont’d. 9. 10:30 Presentation by Arlene Gawne regarding the Experimental Management Program for Wild Horses & Burros. Arlene Gawne provided a packet of information for each Commissioner which outlined the experimental management plan proposed to BLM and the Division of Forestry. She spoke of the job opportunities presented in the management program and the tourism opportunities. She described the proposed management area which incorporated part of the Johnnie HMA and part of Wheeler Pass where the horses were now February 18, 2014 9. 1 0:30 Presentation by Arlene Gawne regarding the Experimental Management Program for Wild Horses & Burros.-Cont’d. concentrated. They proposed the plan to be in place for five to six years, at which time an analysis would be made of its success. Costly and disruptive helicopter round-ups would be prohibited. Instead wild horses would be bait trapped, which caused less stress on the animals and was less cost for the taxpayers. Initial gathers would begin as soon as October, 2014. The partnership proposed to dart 100% of adult mares with a contraception proven to stop pregnancy within 95% of the mares treated. There was also talk of a pilot birth control plan for burros. To bring the local population down quickly initially, Ms. Gawne said the alliance proposed to selectively remove the most adoptable, easily trainable two to four year old horses, which would reduce to the taxpayer the high cost of the helicopter round-up, the long distance transportation, and the long-term storage in holding facilities. The decision of BLM and the Division of Forestry should be out by April, 2014. Ms. Gawne asked the Commissioners to talk to the local BLM and Forestry staff and their bosses if they really wanted to increase jobs in the County and help develop wild horse and burro tourism.

Commissioner Wichman

appreciated the presentation. She noted everything in the back-up provided followed the Free Roaming Wild Horse and Burro Act from 1971 as amended perfectly. She asked to be updated after April as to what the BLM said to the volunteer effort. 10. 11:00 For Possible Action Public Hearing on Appeal Case No. AP-14-0001: — — Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit Application CU-I 3-0015 to allow a Commercial Kennel (Howl-A-Day Inn & Spa) on property in the Rural Estates (RE-I) Zoning District, located at 1440 W. Black Street, further known as Linda Subdivision, Lot 34. Barry G. & Pamala A. Slafter Property Owners. Douglas Varin ApplicantlAppellant. AP# 036-052-15. — — Bobby Lewis, Planning Director, advised he had received a petition this morning from Douglas Kaufman protesting the appeal and asking that the Commissioners uphold the decision of the Planning Commission. Douglas Varin, the applicant, stated he had a petition as well with about 30 or 40 signatures on it recommending approval. He got the final signatures on it this morning. Brian Kunzi explained that with Conditional Use Permits (CUP) the final authority was the Regional Planning Commission (RPC) and this Board only acted on an appeal. The Board had to determine whether there was a sufficient record to sustain the action taken. This was not for presentation of new evidence to fight what should have been presented to the RPC and Mr. Varin could not present his petition now.

Mr. Varin

stated his application for the commercial kennel permit was denied based not only on a motion to deny on the grounds of possible noise and odor potential, but February 18, 2014 10. 11:00 For Possible Action Public Hearing on Appeal Case No. AP-14-0001: — — Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit Application CU-I 3-001 5-Cont’d. primarily due to a lack of support from the community. Per the staff report for agenda item 9 for the regular meeting of the Pahrump Regional Planning Commission on December 11, 2013, Nye County Animal Control, sworn to protect not only the welfare of animals but also the community from nuisances related to animals, conducted a preliminary inspection of his residence on November 21, 2013, found the dogs were healthy, water was available, the area was clean, and the property was ready for a final inspection and a kennel permit. There were no complaints for noise or odor and they recommended approval. He said he had added support from the community from the people present today and as well as signatures on the petition he could not submit.

Commissioner Schinhofen

opened the public hearing. Richard Goldstein said he visited Mr. Varin’s kennel after the RPC disallowed it and he thought it was probably cleaner than the animal shelter. The dogs were well kept and had water, food, and plenty of room. The building was cool and the only noise was the normal dogs barking when someone first came in and then they quieted down. Mr. Goldstein also questioned the acceptance of a petition from someone opposed to the kennel while not accepting Mr. Varin’s petition. He felt the Commissioners needed to reverse the decision and send it back to the RPC. Douglas Kaufman said he submitted a petition this morning to Mr. Lewis. The signatures he received were from the homeowners in the neighborhood who were totally against the kennel coming in next to their properties. Mr. Kaufman was against it and felt it did not belong in the neighborhood. Steve Benson, an Animal Advisory Committee member, said this facility met the standards for animals. He would like to see this sent back to the RPC and a better hearing conducted about it. Joseph Wailer stated he had been the neighbor right next door for about a month and a half and has had no issues with smells. He thought it was being kept pretty clean. Richard Bleak said this would be his back door neighbor and there were enough barking dogs in the neighborhood now. He wanted to know what it would do to the value of his property.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

read from the record that Commissioner McCall motioned to deny based on finding 7, the conditional use may involve uses, activities, processes, materials and equipment, and conditions of operation that could be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, February 18, 2014 10.11:00 For Possible Action Public Hearing on Appeal Case No. AP-14-0001: — — Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit Application CU-f 3-001 5-Cont’d. noise, smoke, fumes, glares or odors. The motion was seconded by Commissioner Dolan and passed with a unanimous vote. Commissioner Schinhofen said if the Board wanted to overturn this it would have to making findings contrary to that.

Commissioner Carbone

said due to the fact that there was new evidence coming in front of the Commissioners, and several folks had come up and talked about it, he would like to have the RPC re-evaluate this based on anything new.

Mr. Kunzi

stated if the Board did not overturn the RPC decision then that decision stood because they were the final authority. He said the Commissioners did not really have the jurisdiction to remand it back to the RPC for further findings unless they found there was something deficient in those findings that needed to be examined. He was not hearing any new evidence that could not have been presented to the RPC, which to him was the big difference. It was one thing If there was new evidence that had just come to light that might cause a difference with the RPC, but these were people now who could have but did not present evidence to the RPC and that was setting a standard.

Commissioner Carbone

said if the Board denied this then the applicant would be put in a position that the only place he could go was court. Mr. Kunzi said that was the proper procedure.

Mr. Varin

said the RPC had the information regarding Animal Control’s examination of the facility, so it was not new information. He explained he had a show breeding kennel that had about seven generations of three separate lines of breedings. He had 27 dogs to cover that. They wanted to do limited boarding, grooming and training for the general public as well. He had looked for a residence on commercial property, but could not find anything that would suit his needs. This property allowed him to put the dogs inside to avoid noise problems in the neighborhood and to this date Animal Control did not have a noise problem or odor complaint registered with them.

Commissioner Cox

thought this should go back to the RPC. She noted in Clark County many times the Board sent things back to be considered by Planning and Zoning when questions came up and asked if there was anything that said the Commissioners could not send this back for reconsideration.

Mr. Kunzi

explained not every issue that came from the RPC was the same and per the Nye County Code the RPC was the final authority on a CUP. On other zoning and planning issues the RPC was nothing more than a recommendation to this Board and those matters could clearly be sent back to have things addressed. He said this was a special, technical field from the standpoint that it was a conditional use permit. This Board through the Code gave the RPC the authority to make these decisions and the Board simply had the authority to affirm, deny, or modify what they did. February 18, 2014 10. 1 1:00 For Possible Action Public Hearing on Appeal Case No. AP-14-0001: — — Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit Application CU-I 3-001 5-Cont’d.

Commissioner Cox

said she would like to see the people work it out or give a six month permit and if it did not work out then they could get turned down. She did not feel she could do this based on the fact the dogs might bark or there might be an odor. She noted the Board could also reverse the decision.

Commissioner Borasky

stated it was denied on the one finding and asked if that one finding was enough since a waiver required three findings. Mr. Lewis said the RPC thought one finding would be enough. He also advised staff recommended approval, but it was the RPC’s desire to deny the application on the one finding.

Commissioner Carbone

made a motion to reverse the decision of the RPC; seconded by Commissioner Wichman. As his finding for reversing the motion, Commissioner Carbone explained that having one item to use as an item to say this CUP should be denied in his mind was not acceptable. If he believed the actual Planning team said it was acceptable he did not see why it could not move on.

Commissioner Schinhofen

stated that the hearing today was for a planning ordinance on medical marijuana facilities, not a debate on whether medical marijuana, dispensaries or grow houses should be allowed as the law regarding it passed statewide in 2000. He asked everyone to keep their comments to this topic only. Brian Kunzi made a statement regarding the growing nationwide element that was attacking government attorneys doing their jobs by advising local governments related to these regulations. The District Attorneys Association received a preliminary opinion that the standing Committee on Professional Responsibility and Ethics believed that public attorneys assisting their clients in the process of passing these laws “would appear to be in violation on NRPC I .2d.” After examining the rationale of that opinion and the opinions from other jurisdictions, Mr. Kunzi believed that rule was being misapplied. While he was not advocating for the creation of dispensaries and grow February 18, 2014 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt! amend and adopt, or reject Nye County Bill No. 2013-31-Cont’d. houses, and was personally opposed to the use and sale of illegal drugs, he sided with local control of this very important issue and was prepared to assist in adopting this enacting legislation if such was the desire of the Board. If there was going to be a legal fight with the federal government he did not want the Board to go into that baffle without the assistance of legal counsel. Mr. Kunzi believed he would violate his oath of office to abandon them.

Mr. Kunzi

reaffirmed his prior advice that as a Board they did not have the authority to pass legislation attempting to invalidate federal laws like the Federal Controlled Substances Act, but responding to overreaching by the federal government if it attempts to enforce unconstitutional laws was an inalienable right. He would assume the sole responsibility to advise the Board in this process as he felt compelled to shield his deputies from the exposure that may come about from the decision he announced today. Mr. Kunzi said the debate over the soundness of medical marijuana laws and regulations must be allowed to occur in this chamber by the only people affected by decisions made on the subject the residents of Nye County.

Commissioner Schinhofen

opened the public hearing. Debra Strickland said NRS stated the distances away from certain facilities and she did not agree with the RPC change to 1,500 feet from a private school and 300 feet from a residence. She displayed a drawing of the Strickland Construction site across from Lakeside Casino where they proposed to have three cultivation facilities, which would fit within the NRS distance mandates and provide a buffer to the community. She asked the Commissioners to look at the dispensaries differently than the cultivation facilities and stay within the State minimums. Ed Goedhardt said the ability of medical marijuana establishments to be located outside of the Pahrump Regional Planning District needed to be explicitly clarified and the signage limitation of two square feet seemed overly restrictive. He also wondered in what type of zoning the single dispensary could be located as restricting medical marijuana establishments to only light and heavy industrial use zones would have the affect of stifling investment in Nye County and general commercial should be considered. Mr. Goedhardt added that starting on January 1, 2016, private individuals would not be able to grow their own if they were within 25 miles of a dispensary, so collectives and coops would be formed to be able to deliver on the promise of affordable access, which needed to be addressed as well. Paul Willis said the original intent of the legislation was not to restrict the individual’s use and right to grow a plant in their yard. He did not agree with an ordinance that restricted his original right. Febwary 18, 2014 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nve County Bill No. 201 3-31-Cont’d. Michael Augustine from the Nye Cannabis Coalition said he was thankful for the acknowledgment of cooperatives, but was not clear on what the exemptions would be or if they would be forced outside of the PRPD or the RPC district. Ken Hargis stated he currently had a warehouse capable of being used in a very safe zone up behind the cop shop, which was the old vitamin factory out of the way of everything. He also added to Mrs. Strickland’s comments that there would be a lot more than six or eight people working a facility. Six or eight people per eight hour shift running 24 hours a day would be needed and plants would be turned out more than every three months, which would require zoning with a lot of protection. Mr. Hargis felt the Strickland Company would be a perfect spot for it. He would also like to see it stay commercial. Dale Richards from Civil Wise Services said he had a number of potential clients come in that were considering commercial properties. He thought if the Board considered putting commercial back in, or at least general commercial, that it would not be a problem because a CUP would still be required which allowed the reviews and determinations so the Board would still have control over it. Stacy Smith, a drug and alcohol counselor, stated every time there was increased access and acceptability of a drug, use of that went up especially among the younger population. She felt there would be an issue wherever this was placed. She encouraged the Board to stay with heavy and light industrial, regulate the signage to make sure it was medical comments only, stay out of the commercial, and to be very careful putting this into any type of community. Tawny Tankersley said she would like to see the same things Debra Strickland asked for with the cultivation end of it, the dispensary being separate, and the zoning being the same as the State requirements for agriculture. She would also like to see those put in place because of what the tax dollars could be for the County if it ever did go recreational in the future. Dena Dial did not think Pahrump was big enough to have it zoned and did not think it should be here at all. Steve Sotomayer said he could not imagine how industrial fit with agriculture. Veronica Whitton voiced her support of having a facility in Pahrump where it was accessible and a help to those who needed it. Laura Oslund from Nye Communities Coalition recommended the Board not make a decision. California was looking at rezoning because of the problems they had experienced and she did not think the Board had enough knowledge on what was February 18, 2014 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 201 3-31-Cont’d. happening to make a decision at this point in time to bring it into the communities. They needed to look at zoning and how it affected everyone in the community. Tammi Odegard, Drug Court Coordinator, stated 46 people received services from the adult drug court and 69% of the people in the program reported today the first drug they ever used was marijuana. She asked the Board to consider that when placing facilities in town. She noted if there was an increase in the number of drug addicts being served they would have to look to the County for funding rather than just grants. She hoped the Board would zone the facilities to a range beyond two miles of any churches and schools and limit them to heavy industrial zones. Tom Metscher reiterated the concerns of moving forward with a zoning ordinance without considering all the facts and issues among other states as well. He encouraged the Commission to take advantage of looking at other examples of what could be done to make this appropriate for the entire population. Kristen Bammerman thought it should be industrial as she did not want to walk by it or drive by it on her way to school.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

said the ballot question passed stated at the end to authorize appropriate methods to supply to patients authorized to use it. This bill was for zoning and he noted the suggestions made by the public included making grow houses separate from the dispensaries, making it commercial, and making it only industrial.

Commissioner Borasky

asked who was driving the bus on this. Bobby Lewis advised it was the Department of Health and Human Services. There were time limits in place puffing pressure on local governments to enact ordinances for medical marijuana facilities.

Commissioner Borasky

questioned the legality alit. He wondered if the County was taking away the rights of residents to grow their own and felt it in some ways it was. He thought this was a prime example of government trying to do a fix for everything and being rushed to do something because of another government agency. He asked where the comments from the Sheriffs Office were as well as the information he requested on other municipalities that had or had not taken action on this.

Commissioner Cox

asked what the time restrictions were. Mr. Lewis advised applications had to be submitted between April 1-10, 2014, and applicants had to have certain entitlements or provisional approval in order to open a medical marijuana facility. If they did not make the time frame they would have to wait until next year to reapply. February 18, 2014 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 201 3-31-Cont’d.

Commissioner Schinhofen

commented jobs would wait another year as well and people who needed this would have to find it somewhere else.

Commissioner Carbone

noted that obviously they were not advocates of having recreational marijuana, but they did want to be able to provide it to those people who needed it. He did not have a clear understanding of how many grow houses and dispensaries there would be. He said the Board needed to either move forward with this or sit and not do anything, which he did not think was the right thing to do.

Mr. Kunzi

said one of his concerns was the need to put in some strong language if zoning restrictions were imposed that made it very cleat that a grow house was only allowed to provide their products within the state of Nevada and that dispensaries could only dispense marijuana grown in a licensed Nevada facility. There were some significant law enforcement concerns of how to police this from the standpoint of it being a front for illegal activities. This current version did not have those conditions. He did not think the State laws were specific on that point in terms of it being grown and dispensed only in Nevada and that should be an element of the CUP and the licensing application. Mr. Kunzi said there was a need to have a more supportable document that the County was only attempting to zone and regulate medical marijuana use within the boundaries of State of Nevada with no federal connection.

Commissioner Carbone

asked if that would also look at who would be choosing who these people would be as far as the licensing was concerned. He understood from conversations with people that Clark County did not want the State making those choices.

Mr. Kunzi

stated those were things being worked out through regulations and there was a lot of uncertainty. By law the State determined how many grow houses were needed to support the dispensaries. All the County could do was control where those went through the zoning and planning ordinances as the number of dispensaries and grow houses was established by State law. He did not think the County could have a cultivation facility without a dispensary as the number of grow houses was specifically tied to the number necessary to support the dispensary. There was discussion on how much time the District Attorney would need to bring back a revised bill. Mr. Kunzi recommended the Board close the public hearing today and then they could take action on the bill in 30 days at the next Pahrump meeting.

Commissioner Wichman

observed this was the first time she had ever been asked to vote on anything for medical treatment and it seemed like a thinly veiled attempt to condone recreational marijuana use. To her this should go through the Food and Drug Administration. February 18, 2014 13 1 1:00 For Possible Action Public Hearinci, discussion, and deliberation to — — adopt, amend and adopt, or reiect Nye County Bill No. 201 3-31-Cont’d. Comm issioner Carbone made a motion to continue the public heating to the next Pahrump meeting on March 18, 2014.

Commissioner Cox

asked the District Attorney to review the sign requirements and bring back some suggestions for that.

Mr. Biliman

then spoke of investments and BNY Mellon versus Stable River used by the State. He explained that because of statutory constraints, the County’s investment income was low, but the pull back of the federal government on the Treasury bill gave hope that investment rates would rise.

Commissioner Carbone

thought the County was going to look at better investments to help some of that. Mr. Biliman said they had talked about changing the length of time the bonds were in the County’s possession. The previous Treasurer shortened that period so all Mr. Billman did was return it to its original length in line with the County’s investment policy.

Commissioner Wichman

asked if the shorter periods of time gave the County lesser revenues from the investments. Mr. Billman explained the State allowed the County to go all the way to five years, but he felt that for right now should it should just go to four and a half years and see what shook out after that. He said he would meet with the investor sometime in March and if he was of a mind to increase it then they would have February 18, 2014 25. Treasurer’s Report-Cont’d. to get Board authorization to do that because the County policy was four and a half years.

Commissioner Carbone

asked Pam Webster if some different things had been talked about to get the interest to come up with the endowment funds. Mrs. Webster said the person was going to go back and make some portfolio changes, but she was not sure if they had been presented. The previous Treasurer had been directed to take an extremely conservative standpoint on the investments and was going to come back with a recommendation to loosen that up within the confines of the NRS and see some shorter range results as well as longer range results. She said she and Mr. Biliman would follow up. Regarding the bank reconciliations, Mr. Billman advised the County maintained 180+ funds for receipt of revenues and recording of expenditures, not all of which had money or activity and not each fund maintained its own bank account. The Treasurer’s Office was responsible to reconcile the general ledger in each account and bank records and numerous journal ledger entries would be corrected by the external auditor.

Mr. Billman

stated the tax auction was coming up in June. He did not know how many properties, but this morning he did around 20 property transfers so people were coming in to try to get their property back. Last year the tax auction got $140,000.00 and it cost about $70,000.00. This year he anticipated the total expense for the auction would be about the same. TIMED ITEMS-Cont’d. 12. 11:00 For Possible Action Continued Public Hearing, discussion, and — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2013-27: A Bill proposing to amend Nye County Code Chapter 8.04, pertaining to the use, sale, and regulation of fireworks, by removing the limitation on the number of permits which may be granted by Nye County for the sale of consumer/display fireworks, reducing the fee required for consumerldisplay fireworks permit applications, setting forth the provisions for the use of “safe and sane” fireworks; prohibiting the use of tents, stands, booths or other structures of a temporary nature in conjunction with the sale of fireworks; requiring that all retail sales of fireworks must occur within a permanently constructed free-standing building; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Schinhofen

stated this was a continued public hearing to allow time for definition revisions. Brian Kunzi provided the Board with three definitions he would like to insert into the ordinance in place of the one that was in there with regard to the definition of safe and February 18, 2014 12. 11:00 For Possible Action Continued Public Hearing! discussion! and — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2013-27- Cont’d. sane fireworks. His goal in proposing this was that if the industry changed its standards then the County was covered and would not have to keep chasing it. Mr. Kunzi also thought it was important to add a second definition that was not contemplated in the original change as to what was defined as consumer fireworks. Additionally, novelty items and toy caps that were legal items not regulated by the federal government would not be regulated at all by this ordinance and would not require a permit to sell. Mr. Kunzi added that the notice to the public provision would have to be amended to read “non-safe and sane fireworks.” Regarding the provision on private property, according to the terms initially submitted safe and sane fireworks would only be permitted between June 25 and July 5. Mr. Kunzi was not sure if that was what was intended. He felt if a category of safe and sane fireworks was created it would appear the intent was they could be discharged on someone’s property year round. He recommended removal of the date limitations, but to leave the provision that safe and sane fireworks could only be discharged between 8:00 a.m. and midnight. Another suggestion with reference to private use was to change that to private property with the owner’s consent. Other provisions Mr. Kunzi strongly supported were additional categories under the private use that would basically put conditions on the discharge of any types of fireworks in conditions in which it would be very dangerous, i.e., lighting a sparkler inside of a tumbleweed that could catch fire or causing damage to person or property. The only issue that Mr. Kunzi thought had to be addressed was the idea of whether or not to eliminate the six permit limitation, and the industry did not agree with that. He thought they made some arguments that needed to be considered, but the other things they were in agreement with. Casey Steinhart from Area 51 Fireworks said the change on the limitation would negatively impact them at a time when everyone was trying to work together to make it better. Regarding a shooting site, he said they had some ideas on how to raise quite a bit of money for the County and would like the Commission’s blessing to try to push that through. Tim McKoy, owner of Area 51 Fireworks, agreed with opening up the safe and sane as well as the freestanding building issue, but he did not agree with opening the licensing up. He said they had a seasonable business with a set amount of people that bought fireworks each year and all opening it up would do is move the customers around. He expressed interest in the shooter site and the revenue making ability with that. Dan Peart from Phantom Fireworks was against the de-regulation of licensing in Nye County. He said the Pahrump market was a mature market, not a growing or emerging market. De-regulating it would not bring additional fireworks businesses into Pahrump, February 18, 2014 12. 11:00 For Possible Action Continued Public Hearing, discussion, and — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2013-27- Cont’d. but would further fragment it. He suggested the creation of a fireworks advisory board in Nye County consisting of the stakeholders, the District Attorney, the fire chief, etc., to handle some of these issues and give the Board proposals.

Mr. Kunzi

said one of the primary discussions was the issue of how to kick start the shooter site provisions that were in the ordinance. The industry members had a lot of good ideas on doing some things, but that was not something to worry about today. They wanted to move forward with what was being proposed. One argument made was to recall the history of this. When this first went into place this was the Wild West and there were no controls over fireworks. As a concession to ensure the sales in a regulated way, this Board put in place the limit of six permit holders and they would be the stakeholders today. The question was if the Board wanted to go back to the almost out of control days which almost forced the elimination of fireworks in general.

Commissioner Carbone

expressed his concern with going against the free market concept and said he did not want to stop the growth of the industry, but he liked the idea of the shooter site.

Commissioner Cox

felt the limitation created a monopoly and the business was kept competitive by eliminating it. She also agreed with the shooter site.

Commissioner Borasky

said he had been here for 17 years and the same people had been selling fireworks. They had done a good job and provided jobs. He further noted this was a privilege license.

Commissioner Borasky

made a motion to adopt Nye County Bill No. 2013-27 with the changes stated, removal of the stipulation of opening up the licensing, and set an effective date of March 10, 2014; seconded by Commissioner Wichman.

Commissioner Wichman

stated she understood from a businessman’s point of view exactly what it meant when you do all of your market study to find out if it was feasible to put a business in a certain location and have the rules change after you had made those commitments.

Commissioner Carbone

still had a problem with the free market enterprise.

Commissioner Cox

did not see where it would infringe upon any current business owners.

Commissioner Borasky

amended his motion to keep the present license fee at what it was now with all the other changes; seconded by Commissioner Wichman; 3 yeas. Commissioners Carbone and Cox voted no. February 18, 2014 14. 1 1:30 Presentation by Steve Lawrence, Nevada Field Office Manager, on Nevada National Security Site missions. Steve Lawrence, manager of the Nevada National Security Site, gave books to the Commissioners which touched on the budget and the economic impact that the site had on not only Nye County but the State in general. It gave some overviews and facts of the site itself in terms of the different programs and some of the history. He said he felt obligated to follow up on a commitment made to meet with the Commissioners on a routine basis and to offer the public tours to learn what they did at the site.

Mr. Lawrence

stated the site brought in $600 million to the State, most of which was spent in labor with the rest spent in procurement of goods and services or other things like taxes and charitable donations. There were 3,200 people employed at the site among three prime contracts and about 230 people from Nye County were a part of that work force. Regarding national security, Mr. Lawrence explained they did several things in support of stockpile stewardship, which was basically the process that the national weapons laboratories went through to certify to the President that the stockpile was safe and reliable. He described the facilities that supported that program at the site, including the JASPER Facility; the UNA complex where sub-critical experiments were performed; the DAFT Facility which was also used for national emergency response training; a criticality facility which was one of the most secure facilities in the country; and a spill test facility used a lot now by the intelligence agencies.

Mr. Lawrence

said another thing they did in terms of support of the Department of Defense was teal time on the ground boots training, so before people were deployed on missions they did training missions on the site. He spoke of the National Emergency Response Program, which involved people stationed at Nellis Air Force Base and And rews Air Force Base to respond to radiological types of emergencies around the world. He said they did a lot of work in support of treaty verification, and the Department of Homeland Security had a facility at the site as well.

Mr. Lawrence

advised the Environmental Management Program was about $60 million in funding. One component of that program was the environmental restoration, which was an agreement codified with the State of Nevada to clean up the legacy waste at the site. Another activity was low level waste disposal. He discussed the Consolidated Edison Uranium Project where they proposed to bring material from Oakridge and dispose of it at the site. Public Meetings were held in Pahrump in November and they were following through on a lot of the suggestions and questions from that meeting. Mr. Lawrence stated the concerns raised by Nye County had been heard and moved up into headquarters. February 18, 2014 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 201 3-26: A Bill proposing to amend Nye County Code Section 16.24.010, by amending the official boundaries of the Pahrump Regional Planning District, resulting in a reduction of the Pahrump service area from 373.04 square miles to 231.46 square miles, a reduction of approximately 37.95 percent; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto.

Commissioner Borasky

stated he quite often went by the north end of town and saw a lot of nothing out there. He wondered why Nye County Government had to have such firm control over a piece of land that was 80% BLM. He had talked to staff and asked for the pros and cons. In response to questions from Commissioner Borasky, Bobby Lewis stated he thought the County had a fiduciary duty to protect the public and there were a lot of planned facilities in the federal land area. When there was zoning in place there was a level of certainty created with the idea of wanting to protect property values and wanting to look out for the public interest. What zoning basically did was protect the health, safety and welfare of the public. That protection was not outside of that area. The area being considered had some paved roads, but had very little infrastructure. Additionally, there would be costs involved to undo the maps in the GIS as well as revisions to the documents tiered off of the original PRPD established in 2001.

Commissioner Wichman

asked if the documents that needed to change listed out a legal boundary. Mr. Lewis said yes. The master plan adopted in 2003, the zoning ordinance adopted in 2004, the dust control regulations adopted in 2004, the capital improvement plan in 2005, and the improvement plan ordinance would all have to be amended. He said another cost would be the mapping and notification of the property owners of the change to no zoning.

Commissioner Carbone

noted several documents mentioned were in the process of being revised today so he did not understand why there would be more expense and felt the $100,000.00 cost would actually be lower. Darrell Lacy said he read FLPMA from 1976 which BLM and other federal land use agencies used. A term used in it was coordination and FLITMA required that the BLM coordinate their land use planning activities with local government and local government plan documents.

Commissioner Wichman

argued the BLM had to recognize the County-wide comprehensive land use plan which had nothing to do with zoning or the RPC.

Commissioner Schinhofen

opened the public hearing. February 18, 2014 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reject Nye County Bill No. 2013-26-Cont’d. Frank Wilson was in complete agreement that all zoning should be done away with, not just the little piece here. Richard Goldstein questioned why Commissioner Borasky would take action when the town board vote no and the RPC voted no. Mr. Goldstein asked if the property owners had been notified of today’s action and if not why not. He also wondered where the County would get the $100,000.00 to pay for this as right now the County had 19 departments over budget and another 20 departments within 10% of being at their max. Tim Hafen asked the Board to not change the boundaries of the RPC and questioned why it would be done. He had never heard a reason to do it and did not understand the BLM reasoning. He felt there could be many unintended consequences, such as another detention center, a landfill for Clark County and California, or a large residential subdivision that would avoid all of the planning and zoning requirements. Mr. Hafen believed removing the proposed area from the PRPD was very short-sighted and asked the Commissioners to not do it.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

stated he had a couple of citizens ask him about this and all he was asking for was the pros and cons and the answers as to what it would take to do it.

Commissioner Schinhofen

said staff recommended the Board reject Bill No. 2013-26 based on recommendations from both the PRPC and the Pahrump Town Board. His problem was he had not heard a good reason to do it and felt it should remain the way it was. Brian Kunzi was also concerned that there were no reasons. The zoning was designed for the benefit of anyone in the PRPD and cutting this line now made him wonder why some parcels on one side of Roadrunner were in the PRPD and others on the other side were removed. He said it smacked of spot zoning if the Commissioners did not provide reasons for the differentiation between the parcels, which could create liability for the County. Regarding the BLM land, Mr. Kunzi understood what Commissioner Wichman was saying, but having that BLM land subject to the requirements of the PRPD gave the County an extra layer of protection in how that BLM land was used. From a legal standpoint he was not sure why the County would give that up. Additionally, Mr. Kunzi advised that shrinking the size of the PRPD had impacts on things like dust abatement as it affected the calculations used to set those standards. Even though he agreed cooperative land use planning could be had with the BLM, it was not mutually exclusive and having additional restraints/capabilities that the federal February 18, 2014 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to — — adopt, amend and adopt, or reiect Nye County Bill No. 201 3-26-Cont’d. government would have to honor with regard to restrictions created within the PRPD was not a bad thing from a legal standpoint.

Mr. Kunzi

also questioned justification for the lines and where they appeared in the records. It seemed to him the argument was that because there was no development there it should not be in the PRPD. He also questioned the area in the center being included when the land on either side was not.

Commissioner Borasky

recommended taking no action on this item. He had asked specific questions and was given some answers, but he did not believe all that land needed to be under the control of the PRPD.

Mr. Kunzi

suggested that Commissioner Borasky sit down with him to put together an appropriate record that could be used to support what he wanted to do.

Commissioner Wichman

asked how confident Mrs. Webster was that she would be able to get the FAA deed restrictions off. Mrs. Webster said they would not be able to. They were going to look at different options with parcels for them to lease as the deed restriction could not be changed, but the deed restriction applied to a portion of what they originally leased. Brian Kunzi understood it may be possible, but it would take some time which could be an issue.

Commissioner Wichman

asked Assistant County Manager Joni Eastley if she had ever been successful in removing the deed restrictions on any of those parcels. Mrs. Eastley said the County had never asked for any of them to be lifted. When she was on the Board the question was whether the restrictions in the deed were interpreted properly, and they did get a legal opinion on that. In subsequent conversations with the District Attorney they were back to another way of thinking that it may be possible to sell property down there. February 18, 2014 28. For Possible Action Discussion and deliberation regarding a First Amendment to Option to Lease and Lease Agreement with First Solar for property at the Tonopah Airport for solar energy purposes.-Cont’d.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 29. For Possible Action Discussion and deliberation regarding an Access Agreement with Arizona Nevada Tower Corporation (ANTC) for the purpose of providing internet workstations available to the public in Gabbs, NV.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. FINANCE 33. For Possible Action Discussion and deliberation regarding the Corrective Action Letter for the Annual Audit Report for Fiscal Year ending June 30, 2013 to be submitted to the Department of Taxation.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Cox; 5 yeas. 34. For Possible Action Discussion and deliberation regarding RFP # 2013-19 Pahrump Janitorial Services.

Commissioner Schinhofen

asked if the animal shelter was included in the list of buildings as it said Animal Control.

Commissioner Carbone

said Animal Control and the animal shelter were two different things.

Commissioner Borasky

assumed the people that were doing it originally did not submit a bid. Judy Dodge from Purchasing said that was correct. She sent them a bid package and they did not even show up for the mandatory pre-bid meeting.

Commissioner Borasky

asked since this was a new company if the employees had to go through background checks. Mrs. Dodge said that was correct, but most of the employees with Synergy Plan had already been cleared because they were employees of the previous contractor.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. February 18, 2014 NUCLEAR WASTE REPOSITORY PROJECT OFFICE 35. For Possible Action Discussion and deliberation to ratify staff comments submitted_on_January 29, 2014, to the Bureau of Land Management (BLM) regarding their public Draft Nevada and Northeastern California Sub-regional Greater Sage-grouse Land Use Plan Amendment and Draft Environmental Impact Statement (LUPAIDEIS).

Commissioner Wichman

thanked Pam Webster, Darrell Lacy, Levi Kryder, MaryEllen Giampaoli and others for the help they had given her.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Cox; 5 yeas. PLANNINGIBUILDING 36. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2014-09: A Bill proposing to amend Nye County Code Title 5, Business Licenses and Regulations, by adding Chapter 5.32 pertaining to the licensing and regulation of Medical Mariiuana Establishments; setting forth the procedures and requirements for the issuance of Medical Marijuana Establishment Licenses; establishing the fees required for such licenses; providing for the imposition of a special business tax; setting forth the provisions for renewal of such licenses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Borasky

made a motion based on staff recommendation to set the public hearing for March 18, 2014, at 11:00 a.m. in the Board of County Commissioners chambers in Pahrump, Nevada; seconded by Commissioner Cox; 4 yeas.

Commissioner Borasky

read the title of the bill into the record. PUBLIC PETITIONER

Commissioner Wichman

made a motion to approve one year; seconded by

Commissioner Ccx

asked who would pay the fee if they did not. Mrs. Dellinger said this was a fee the County charged and if they did not request the fee to be waived the GIS data did not get released. Pam Webster added this was a town contractor and they would include the cost of this back to the town. It was the town asking for the fee to be waived.

Commissioner Carbone

asked Susan Paprocki to address the items mentioned that were behind. Susan Paprocki believed the gentleman stated there were 19 departments over expended as well as others nearing their max. She said these were the funds, not the departments, and she would have to ask Mr. Goldstein exactly which departments he was referring to. The general fund was by function and the individual departments or the individual categories within a department may appear to be running over budget. The items in red were estimations for the year end, not the current numbers, but at the bottom line the function was where the budget basically lived. She said there were probably 19 red marks on this for different individual categories, but noted the mechanics’ department had been forecasted earlier this year to be over budget and with the corrective action taken that department had come in line.

Commissioner Wichman

stated this report was a tool for the Commissioners.

Commissioner Carbone

added the variance report also gave them a corrective action for each of the items. 31. Budget to Actual Expenditure Report The report was in the back-up. February 18, 2014 32. Budget to Actual Revenue Report The report was in the back-up.

Commissioner Borasky

talked about the local paper and its way of selling newspapers. He believed sometimes the media in town gave the community a bad name. He did not know why, but he thought it was just to sell newspapers. He said there were too many people in the community trying to put the community down when there was so much potential here.

Commissioner Carbone

said he had an issue with drinks in the auditorium. The sign said water only, yet the Board did not follow its own rules. He asked whether the Board would follow the rules or not.

Commissioner Schinhofen

adjourned the meeting. APPROVED this )t day ATTEST: Of____________________ 2014.

Chair Ny

è Cnty Clerk I Deputy