May 19, 2014

Commissioner Cox

was not present.

Commissioner Cox

was present. Anthony Greco told the Commissioners it was important for them to be in federal bankruptcy court on June 27, 2014, to dispute the lie Tom Gibson was telling the court about losing his Nye County contract. Bill Dolan addressed a number of Commissioner Schinhofen’s comments and actions regarding the completion of Manse Road, the veteran’s service fee, the sales tax increase, the impact fees, the property tax increase, and the water tax. Dwight Lilly suggested the Commissioners establish a five-member advisory board to assist with the governing of the Town of Pahrump. He also questioned the request from Public Works for $200,000.00 for a study when Dave Fanning had told a resident of Artesia that there was no money to repair a sinkhole in the development. He then May 19, 2014 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. asked Commissioner Wichman to recuse herself from votes that had to do directly with issues sacred to Pahrump. Andrew Alberti said he did not believe in the horse round-up, but he had a big belief in limited government, meaning the Commissioners did not need to tax the citizens mote. They needed to figure out what no longer needed to be done and apply the money to something that did need to be done. He would also like to see the Commissioners’ priorities listed in the paper. Priscilla Lane said Commissioner Wichman stated at the last meeting she was not having the horses rounded up for slaughter, but a NACO order said to cease long-term warehousing of animals removed from the excess population on public lands in Nevada and to instead promptly auction, sell or otherwise properly dispose of such animals in accordance with the acts established. Ms. Lane did not feel there would be adoptions for 50,000+ horses and if this was not sending them to slaughter then she would like to know what was. Bill Clark expressed concerns on behalf of the United Landowners ULA with the 2014 master plan update as proposed. The use of the word “update” in conjunction with a master plan was more conducive to minor changes and not major changes that involved land use changes to over 60% of the land area. One day before the Commissioners meeting in April Mr. Clark polled major land owners in Pahrump and 100% of them were not aware of the volume of land use changes being made as most of them lived out of town and had not been properly noticed. He urged the Board to postpone the consideration of the plan to allow the Planning Department to give proper notice to all land owners by direct mailing. Tim Hafen did not want the public to think that there were sinkholes in Artesia as there were not. He thought what Mr. Lilly may be referring to was on a corner of the pavement where traffic ran off. Herman Lewis advised President Obama signed an executive order last week based on the Antiquities Act which was an end run on national treasures to give BLM the power to confiscate land. He asked the Commissioners to stay on top of that. Janis Brown, a land owner in Pahrump with a well on her property, talked about fracking in northern Nevada and how it could affect property in Pahrump. Joy Belonga, Extension Educator, wanted the Board to know that the Cooperative Extension was interested in working with the County to see how to continue its 100 year partnership. She also reminded the Commissioners that the resolution to maintain the current tax rate required a unanimous vote. May 19, 2014 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. Eddie Jim, Chairman of the Pahrump Paiute Tribe, stated the tribe was behind saving the horses and was one of the few tribes that were. He agreed with Priscilla Lane’s comments.

Commissioner Wichman

stated that by a court order there were no slaughterhouses left in the United States.

Commissioner Wichman

said on page 5 Tocema Range Road should be Toquima Range Road.

Commissioner Wichman

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

Commissioner Cox

asked Pam Webster if there was some way to have somebody on the Water District Board look into the fracking issue. Mrs. Webster suggested that would be good for the liaison to bring up to that board.

Commissioner Schinhofen

clarified that Pahrump’s water came off the Spring Mountains.

Commissioner Borasky

reminded everyone of the Independence Day Parade on July 4, 2014, at the Eye starting at 9:00 a.m. He had not received one application yet. If for some reason applicants did not want to submit their forms to him they could also be submitted to the VFW.

Commissioner Wichman

said she attended the Tn-County Working Group meeting, which planned to hold a meeting in Pahrump to get acquainted with the other County Commissioners. She would let the Commissioners know when that was scheduled.

Commissioner Wichman

also attended the conference call for the fifteen western states last Tuesday where they cautioned the counties to be aware of the proposed rule regarding the definition of the waters of the United States. Commissioner Wichman further advised the Tonopah Conservation District would host a town hall on June 4, 2014, at 5:30 p.m. at the Tonopah Convention Center and the topic would be the May 19, 2014 transfer of public lands. Commissioner Schinhofen had made arrangements for a similar meeting in Pahrump on June 16, 2014, at 4:00 p.m. in the Commission Chambers. The intent of both meetings was to hear what the public had to say.

Commissioner Wichman

then stated that she may have been elected in a district but she was elected to represent all of Nye County. Each of the other Commissioners also voted on everything outside of Pahrump so people needed to be aware of that. The Board of County Commissioners was not a town board.

Mrs. Webster

advised a benefits fair would be held tomorrow for employees to get information on the benefit packages available.

Commissioner Wichman

said she had sent a request for an agenda item at the next Tonopah meeting to address any ambiguity in the appointment of the Tonopah Library Board of Trustees. She would like the District Attorney to approve it before it went on the agenda.

Commissioner Borasky

said he would bring something forward in the future to deal with a question and answer session because the public quite often asked questions and wanted to get answers, but that was not what public comment was for.

Commissioner Carbone

said he had a resolution he wanted to get established for the next Tonopah meeting entitled Support of Domestic Well Owners in Nye County, which addressed a lot of the issues people had. TIMED ITEMS

Commissioner Carbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Carbone

opened and closed the public hearing. May 19, 2014 9. 10:15 Sitting as the Board of County Road Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt. or reject Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right of-Way.-Cont’d.

Commissioner Wichman

made a motion to adopt Resolutions RC2OI 4-201 through RC2014-240; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Schinhofen

asked if Manse Road should start in August. Mr. Fanning said that was correct.

Commissioner Borasky

asked if what the Advent was asking for would be cleared up by then. Mr. Fanning said it looked promising. They were bringing a set of plans together which outlined what work they were expected to do with the expansion of the lane to the south side of their property.

Commissioner Borasky

asked Mr. Fanning to explain the chip seal and paving projects and their reliance on the weather. Mr. Fanning said they tried to chip seal between April and October 30 because of the temperature, but paving could be done throughout the year.

Commissioner Cox

asked about the situation on Gamebird at Winchester and Highway 372. She said it looked like they did some paving down there and it was just a mess with huge craters and ruts. Mr. Fanning explained what they tried to do to save some funding was obtain millings from the State to use as a test bed on Gamebird to see how well it would do. Millings on the road worked good in a normal state, but the speed of people traveling down those roads affected it. He said the residents would like to see it left alone as the smoother it was the faster people drove. It would get resurfaced when it got repaved.

Commissioner Cox

asked about Sloan Road. Mr. Fanning advised the portion she had referred to was not a County-dedicated easement. In the past it had been up to the homeowners to take care of it as it was not owned by the County. It was also a flood prone area that requited more than just gravel. He explained back when the subdivision was denied by the County it was because of the concern with the flooding, but it could be brought back and the Board could make a decision on that. May 19, 2014

Commissioner Schinhofen

said when Gamebird was in his district he worked to get that dedicated and accepted. He also did that with his own subdivision before he was a Commissioner and he would be happy to work with Commissioner Cox on the process.

Commissioner Cox

said a street sign was needed on the corner of Highland and Calvada to identify Highland. Mr. Fanning said there was only enough funding to put a sign on one corner, so there was one on the opposite corner.

Commissioner Cox

asked about the corner of Chipmunk and David off of Highway 372 which had been paved, but the corner coming off of Highway 372 had big holes and was missing pavement. Mr. Fanning said they would take a look at it and patch it as long as it was on the chip seal and not beyond the road right-of-way.

Commissioner Schinhofen

made a motion based on staff recommendation for a date, time and location as June 17, 2014, at 10:15 a.m. on Resolutions RC2014-281 through RC2OI 4-300; seconded by Commissioner Cox; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of 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

asked that item 24 be pulled for discussion.

Commissioner Wichman

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas. May 19, 2014

Commissioner Wichman

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

made a motion to approve items 19-23; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Wichman

asked if the 25% match in-kind or otherwise was included in the budget. Tammi Odegard said it was.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. May 19, 2014 24. For Possible Action Approval to apply for “Joint Adult Drug Court Solicitation to Enhance Services, Coordination, and Treatment FY2014” a combined grant through the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance and the U.S. Department of Health and Human Services, and the Substance Abuse and Mental Health Services Administration (SAM HSA).-Cont’d.

Commissioner Carbone

believed this was all in-kind. Ms. Odegard explained part of it had to be in cash and they had received $105,000.00 from the Administrative Office of the Courts for that.

Commissioner Borasky

made a motion to approve.

Commissioner Wichman

asked if it would be possible to include “or visiting religious leaders invited by an eligible Nye County religious leader” in item 4.

Commissioner Borasky

amended his motion to reflect that; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

asked the District Attorney if he had received any call from either town board member. Brian Kunzi said he had received no contact from anyone.

Commissioner Wichman

asked if this item could be moved to the next Board meeting in Tonopah to allow them an opportunity to come to that meeting.

Commissioner Wichman

explained this request was to add weight to and demonstrate solidarity with the Elko County Commission’s request to the director.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. Commissioner Cox voted no. CLERK

Commissioner Carbone

said after talking with the District Attorney he thought it may be prudent to move this forward to the next meeting in Tonopah.

Commissioner Schinhofen

understood that if the Board did not reappoint them they would not be able to meet on May 20, 2014, because they would not have a quorum.

Commissioner Carbone

noted some of the people on the list, specifically the Sheriff, would not be here in 2018 so some of the names may change between now and then. He was also looking at the possibility of putting this under NRS 278B.1 50, which was the RPC, so he was not sure how to make a motion on this. Brian Kunzi suggested that because of the issue of having to do this before the meeting it might be good to limit this to just the appointment of the individuals and then the other issues could be dealt with, particularly regarding the restructuring of the oversight of the committee through the RPC.

Commissioner Carbone

made a motion to approve for the expiring time Susan Holecheck for the Pahrump Town Board, Robert Mobley for the School Board, Mike Floyd for the School Board, and Tony DeMeo for the Sheriff; seconded by

Commissioner Borasky

; 5 yeas. COUNTY MANAGER

Commissioner Schinhofen

asked if the former Comptroller reported to Ms. Eastley.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Bo tasky.

Commissioner Carbone

wanted to make it cleat she would not have anything to do with touching the budget activities. Mrs. Webster said that was correct.

Commissioner Cox

asked about the timeframe to hire a Comptroller. Mrs. Webster said it would take probably a month to advertise and a couple of weeks to interview. Typically someone had to give two weeks’ notice, so it would be a 60-day process.

Commissioner Cox

asked if Ms. Eastley would continue in her assistant manager position too. Mrs. Webster said yes.

Commissioner Carbone

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

Commissioner Wichman

made a motion based on recommendations from the RPC, Water District and Basin 162 Groundwater Management Committee to set the date, time and location as June 17, 2014, at 11:00 a.m. in Pahrump; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Borasky

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

Commissioner Wichman

made a motion based on staff recommendation to approve the award of a contract to A & K Earthmovers in the amount of $157,000.00 for re-grading the unpaved runways at Gabbs Airport contingent on FAA approval, authorize the County Manager to submit the grant application to the FAA to obtain $203,500.00 in federal funding for the project, and authorize the County Manager to execute the grant offer in the approximate amount of the same when received from FAA. The cost of this project will be covered by the FAA grants and administrated through Grant Funds, 340, and the previously approved budget match from Fund 402, Capital Projects; seconded by Commissioner Borasky; 5 yeas.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Carbone

said a lot of people called him and asked if this machine tote up chip seal roads. Dave Fanning said this would be used for general maintenance and would not hurt the chip seal. May 19, 2014 43. For Possible Action Discussion and deliberation regarding a Contract for the purchase of a Tymco Model 600 Comdex sweeper to significantly improve the Road Department’s ability to respond to complaints and roadway cleanup issues in a timelier manner.-Cont’d. Pam Webster added it would come from the Road Department Capital Assets, which was separate from other assets, and was budgeted.

Commissioner Carbone

asked if a piece of equipment would be surrendered. Mr. Fanning said one would go to a lesser used area. The one up north had been out of service for some time and had just been waiting for an auction. PUBLIC PETITIONER

Commissioner Carbone

made a motion based on the upcoming change in the process between the County and the Town to not evaluate this at this time; seconded by

Commissioner Borasky

asked if there was a requirement to do this at a certain time.

Ms. Holecheck

said no. When the Board approved this it was the Commission’s and staffs desire to have proposals submitted by the various entities by the end of January. They did submit it by the end of January, but Mrs. Webster wanted them to put in on the Town’s agenda for approval, which they did. Ms. Holecheck said she understood if the Board wanted to delay this or look at it in a different light.

Commissioner Carbone

made a motion to go into closed meeting; seconded by

Commissioner Cox

; 5 yeas. May 19, 2014 26. 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. The Board was in closed meeting. 27. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Borasky

was not present. Darrell Lacy, Planning Director, advised the racetrack was operating under heavy industrial, but the operations out there did not really work under a single zoning district. This was an attempt to help that development move forward with their project.

Commissioner Schinhofen

said this was heard by the RPC.

Commissioner Carbone

made a motion to approve I 5a and I 5b. May 19, 2014 15. 11:00 For Possible Action Public Hearing on Major Master Plan — — Amendment and Zone Change Application-Cont’d.

Commissioner Carbone

asked if the County would do this for anybody else. Mr. Lacy stated this was a consistent way of dealing with these issues in large projects.

Commissioner Wichman

seconded the motion to approve 1 5a and I 5b.

Commissioner Schinhofen

opened the public hearing. Susan Holecheck, Pahrump Town Manager, thanked the County Commissioners for allowing the Town Board to provide comments. She said this project would provide an opportunity for more recreation and was a good way to move the fairgrounds forward.

Commissioner Schinhofen

closed the public hearing.

Mr. Meads

said the racetrack was offering to construct and build the utility at their expense and gift it to either the community or a utility. He had heard much talk about what do with the fairgrounds and believed that project would never go forward without May 19, 2014 16. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-12-Cont’d. water and sewer infrastructure. He also did not see anybody voting any time soon to increase taxes to overcome the $4.5 million to just get started on the fairgrounds.

Mr. Meads

said the County had four options: approve the development agreement and make the decision that the sewer and water infrastructure needed to be built on the Spring Mountain property and gifted to Utilities, Inc.; or approve the development agreement with all of it still built on-site but gifted to Nye County and the County would operate the utilities; or build it all on the fairgrounds and give it to UICN to own and operate; or build it on the fairgrounds and gift it to Nye County.

Commissioner Schinhofen

opened the public hearing. Susan Holecheck, Pahrump Town Manager, advised a majority of the Town Board supported the project going forward. She asked the Commissioners to keep two points in mind. Ms. Holecheck outlined the concerns with Pahrump ever having the funds to construct a wastewater treatment plant or to buy effluent to use on the fields as well as concerns with the wells being capped. Also, Ms. Holecheck advised if the fairgrounds were chosen the Town would like to enter into a lease that solidified the Town’s use of the effluent and its ability to get a certain amount. The lease should also contain verbiage that protected any current and future rights the Town had to the fairgrounds. Debra Strickland commented this was an amazing opportunity for the fairgrounds and the development of that area. Michael Von Quilich said he and his wife came to Spring Mountain in 2006 to run a Viper Day Event hosted by Spring Mountain and fell in love with the town. They bought property and built a home and garage for their cats. Since they moved their business from Las Vegas to Pahrump they had pumped millions of dollars into the local economy, but if it had not been for Spring Mountain they would have stayed in Las Vegas. He added that without the $4.5 million utility the fairground would remain fallow. Dave Caudle agreed the racetrack was a phenomenal place and a benefit to Pahrump, but he believed there was a problem with building a lake as the proposed master plan stated the U.S. Drought Monitor showed the Pahtump Valley remained in a severe drought condition that would persist and intensify. Also, NRS 278.020 stated land use plans that regulated and restricted the improvement of land must take into account the total population that the viable natural resources would support without unreasonable impairment of the natural resources, including water resources. Mr. Caudle noted the water supply and water usage was in balance according to the State Engineer. He also was not sure if there were enough people to support a movie theater as it had been tried several times in the past and failed. May 19, 2014 16. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-12-Cont’d. Kenny Bent thought this was a great facility for the community, but that the development agreement was incomplete. Section 6.6, of the agreement said the water would be turned over to a proven utility service provider as per the details of Exhibit C to be attached later, but there was no attachment. His concern from day one had been the County was encroaching on a service provider that was already in place, leaving the taxpayers with liability. He said option three was viable and Utilities, Inc., could be negotiated with to donate the effluent water. Mr. Bent was also concerned with the location being the fairgrounds because of the proposed subdivision going in across the street. Frank Maurizio, president of the Private Well Owners Cooperative, said the cooperative was not against the development of the raceway or a water/sewer treatment plant on its property, but there were still questions that were not answered. He noted effluent water was a potential hazard and there was nothing in the presentation or development agreement on how that would be handled. He was also worried about the wells on the south end of town if this treatment plant was put on township property. Wendy Barnett, president of Utilities, Inc. of Central Nevada, said they would like to work with the County and Spring Mountain to bring the project to fruition and would like to be a part of the solution to the fairgrounds, but she believed Nye County providing utility service in the UICN service territory had legal challenges. She also noted Exhibit C had not been made public. She did not see how the Board could prudently approve the development agreement as written as it did not assure the attainment of the maximum efficient utilization of resources within the County in a way that provided the highest economic benefit and least fiscal cost to the citizens; it did not have the necessary operations and financial documents in its back-up; and it did not define the meaning of material terms. Ms. Barneft did not want to see the project delayed and suggested the Board consider another option that Mr. Meads did not put forth. She recommended the Board approve the agreement without the water/sewer utility service wording so the racetrack could move forward and let a service provider approved by the PUG provide service to the raceway. Don Cox did not think there was a person in the room that disagreed this was a great thing for Pahrump, but the County should not be getting into the utility business when it did not have anyone qualified to run something of this size. He said Utilities, Inc., and the speedway should do it together. Dean Brooks thought the speedway was a fantastic thing, but he did not want to turn the operation of a sewer system over to a governmental agency that had no oversight on it. Mike Meacher, Vice President and CEO at Front Sight, said this was a wonderful project and implored everyone to find the best way to make it occur. He stated Front Sight May 19, 2014 16. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-12-Cont’d. would be coming forward with an expansion of their operations and they would like to see this approval done expeditiously. Herman Lewis also thought this was great for the community if done correctly, but wondered about a pro forma and how any decisions could be made without one. Horace Carlyle said this was the most exciting thing he had seen in his nine years observing from the north.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

said the bottom line for him was the County would acquire the effluent and the means to move forward with the fairgrounds at no cost, but if UICN had it they could do anything they wanted as they had in the past. Darrell Lacy stated that this was the development agreement, not the utility operating agreement, and the development agreement was silent as to who the owner/operator of the utility would be. That would be brought back to the Board. All the Commissioners were doing today by approving the development agreement was telling them they could move forward with their development. There would be future public hearings if the County decided to get into the utility side of it. Brian Kunzi noted Nye County controlling a utility would not have any impact on UICN’s operations. Whether or not UICN was threatening litigation, there was clear case law that stated the County did have the authority to provide water service to anyone within the district of a utility as the right provided to the utility by the PUC was non-exclusive.

Commissioner Carbone

expressed his concerns with the lack of barrier walls on the north side of the racetrack property or on the west side of the racetrack parallel to the highway. Regarding the lake, Commissioner Carbone had hoped the Basin 162 Groundwater Management Committee would look at that before any agreements were made.

Commissioner Carbone

read a statement from Bob Howard suggesting changes to the development agreement, including that a utility company could only be built on the Pahrump fairgrounds if it was owned and operated by or if there was a third-party lease operating it for the County by the County; the developer would deed free of cost all water rights required for the project plus 10% to the County; the developer would underwrite all costs for the financial loss for the operation of the utility for a minimum of five years after the construction of the development was complete until the utility was operating in the black for two consecutive years, whichever was longest; the utility would make a yearly payment of $1,000.00 to the Town of Pahrump for improvements of the fairgrounds; any costs for the development would not be borne by Nye County or May 19, 2014 16. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — I) adopt, amend and adopt, or reiect Nye County Bill No. 2014-I 2-Cont’d. its citizens; the water tank location and construction and associated items would be paid for by the developer; the water tank would have 50% reserved for future use; the sanitary sewer system facilities would be built with 50% reserved for future use; and all exhibits would be part of the agreement before the agreement was approved in the vote.

Commissioner Carbone

added the need for a monitoring system for the sewer system.

Mr. Lacy

advised the system would have to get permitting from NDEP as well as DWR and if required by them it would be done. The Board discussed what decisions were being made today. Mr. Meads stated it was critical for them to either have a location or an operator decided today and felt the location was what was needed for them to move forward.

Commissioner Cox

read the letter written to the LCB by Dave Caudle as to whether the Board could acquire a yet to be constructed water and sewer utility and if it required a unanimous vote by the Board, which had not been answered yet. She then read questions from Judith Holmgren regarding the proposed soccer fields on the fairgrounds being irrigated with treated effluent, who would acquire the permit to use the fairgrounds as a treated effluent discharge area, and if informed consent was needed from parents of children who would be using the area.

Commissioner Cox

said she was totally against turning the fairgrounds into soccer fields. She did not know who would pay for them and noted that the property was given for fairgrounds, not soccer fields run by some association making money off of them and paying the County rent. Additionally, the County would not receive the $54,000.00 in property taxes if it took the system over. She favored the option of having it developed on the speedway property and having Utilities, Inc., operate it.

Mr. Kunzi

explained he issued an opinion to the Board, and the LCB issued an opinion which was the same as he gave, that all of the conditions required in the formation of a general improvement district were not conditions the County had to comply with. The only thing the County had to comply with were the conditions concerning the operation, taxing and setting rates.

Commissioner Borasky

wanted the point of destination for the sales tax be Pahrump for materials. He also did not think the reference to the ability to acquire and hold a liquor license for sale needed to be in a development agreement as anyone could do that. He further stated that the Board would be fools not to take this and he thanked Spring Mountain and Front Sight for their investments and for putting Pahrump on the map with world class attractions. May 19, 2014 16. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-12-Cont’d.

Commissioner Wichman

asked about the delay of the project if it went to UICN. Mr. Lacy explained the new part of the racetrack was not in UICN’s service territory and would require an annexation proceeding and a full docket hearing in front of the PUC. He also wanted to make sure the Commissioners understood that a private utility would have to come back to them and the County would have to accept the liability if that utility went bankrupt or did not meet State operation standards.

Mr. Meads

added that due to the permitting processes required it could take a year and a half to get the project going if the property had to be annexed into the UICN service area, but that could be avoided if the County assumed ownership.

Commissioner Wichman

assumed the Chair of the Board of County Commissioners.

Mr. Meads

advised they had applied three times to UICN for service. The first time they were told they were not in their district. The second time it would have been a $19 million sewer only construction. The third time they applied they looked at the option of using the Mountain Falls facility since UICN owned it, but there was no possible way for them to tie into that without tearing up the entire street.

Commissioner Schinhofen

made a motion to strike 6.4b, site it on the fairgrounds and the County would run it; seconded by Commissioner Borasky; 2 yeas. Commissioners Carbone, Cox and Wichman voted no. The motion failed.

Commissioner Wichman

stated the only part she had a problem with was the County taking on another utility without any kind of idea of a budget. She also agreed with

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners.

Commissioner Carbone

made a motion to approve the development agreement less 6.4b and designate the fairgrounds for the utility; seconded by Commissioner Borasky. After discussion as to where Commissioner Carbone designated the facility to be,

Commissioner Carbone

restated his motion for the utility to be on the developer’s property and strike 6.4b; seconded by Commissioner Cox. After speaking with the owner, Mr. Meads advised it had been determined that in the best interest of Spring Mountain Raceway to be able to move forward to get the project done, and to make the Board comfortable, it was the owner’s desire to build the sewer plant at his sole cost on site and turn it over to UICN. May 19, 2014 16. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or relect Nye County Bill No. 2014-f 2-Cont’d.

Commissioner Carbone

amended his motion to include Utilities, Inc., as the operator of the utility on the racetrack and eliminate 6.4b; Commissioner Cox amended her second; 4 yeas. Commissioner Schinhofen voted no. 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-16: A Bill proposing to amend Nye County Code Title 17 by changing the name of the Title to “Comprehensive Land Use Planning and Zoning;” repealing Bill No. 2013-31; and adding Chapter 17.09 “Medical Marijuana Establishments,” establishing the provisions related to zoning or land use restrictions, development standards, and imposing requirements and procedures for the issuance of a Special Use Permit for all areas in Nye County; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date. Brian Kunzi reviewed the changes that he proposed to the draft language after meetings with Planning and the people in the industry. The changes related to medical marijuana establishments in commercial zones, automatic special use permit renewals, competitive consideration of applications and the application submittal dates, notice requirements, and setback requirements. Darrell Lacy noted there was one other type of business zone, a business opportunity overlay zone, which was used in some of the larger lots and the Board could open that up for this also.

Commissioner Schinhofen

opened the public hearing. Steven Pingree said he was the owner/manager of Farm Road LLC, which owned a 300-acre tree farm in Amargosa Valley. He was also the manager and part owner of Symbiosis LLC, a Nevada company created to establish a cultivation and production facility on 43 acres of the Farm Road property. He read into the record an e-mail he sent to the Commissioners outlining those plans and stating his requested changes to the bill, including the elimination of the requirement that there be complete financial and business plans submitted for the special use permit and removal of the penalties calling for a misdemeanor for any violation of the special use permit.

Mr. Kunzi

interjected that the Board could make anything criminal it wanted to make criminal and when dealing with these establishments there were a lot of things in the special use permit that created difficult issues with regard to the legality of the establishments and potential illegal sales. If they did not comply with the special use permit then they were subject to prosecution for not meeting the guidelines. He thought an enforcement mechanism was needed to ensure people would operate appropriately. May 19, 2014 11. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: — - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-16-Cont’d.

Mr. Pingree

said he would like to see the initial application submittal date beyond June 20. He also suggested that the special use permit be applied for after the State had approved the facility. Regarding the competitive consideration of applications, he suggested a public hearing was not needed for cultivation and production facilities. He further noted there was no discussion in the bill on fees and taxes and asked that the portion of the taxes collected by Nye County be used to support medical marijuana patients and education on medical marijuana facilities so there was a direct benefit from that tax. John Bosta noted the first time the zoning was talked about the dispensary was excluded from Pahrump and it would be located elsewhere in the County using the special use permit. He sent each of the Commissioners an e-mail pointing out when using the term medical marijuana establishments it included the dispensary, so now it would appear the dispensary could be located in Pahrump. He got an e-mail back saying that was now the intent. He asked why it would now be allowed in Pahrump. Fred Alaee, the owner of the bowling alley in Tonopah, asked the Board to not be hard on the rules and regulations as he had a buyer interested in the property for a cultivation facility and possible greenhouse. Sandra Tiffany asked if the zoning included the neighborhood commercial, if the intent was to exclude the highways, and if someone had a building in commercial if they could have a dispensary and a cultivation site in the same building.

Commissioner Schinhofen

advised that so far it was only commercial and business overlay zones and there was no exclusion for the highways.

Mr. Kunzi

said there was no restriction to having both facilities in the same building. Regarding the special use permit, Ms. Tiffany disagreed a little with the District Attorney that the Board was making the selection because even if an applicant was denied at the County level they could still go to the State. She suggested the Board send everyone to the State who met the requirements and let the State make the tie breaking decision by using the merit based system. William Home asked if there was an opening date and a notice period prior to the June 20 application deadline.

Mr. Kunzi

said that was one of the proposed amendments and it would be a minimum ten day notice prior to the opening.

Mr. Home

questioned the setback definitions. He was curious about instances where one of the protected properties was in a strip mall type place. That whole parcel was May 19, 2014 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-16-Cont’d. considered a property line so technically the facility would be well outside the minimum -&tandards, but if it was done to the property line it may be prohibited.

Mr. Home

then reminded the Commissioners that one of the things the federal government had been harping on with the counties setting their regulations and ordinances was for them to have a robust regulatory system. He knew there were people asking for eliminations of certain provisions and said he would take care in doing that because the loss of that robust standard would invite federal scrutiny. Debra Strickland expressed concern with the amount of applicants the County would take. She believed free market trade was always the way to go and worried about the possibility of none of the applicants being allowed because they did not meet the State requirements which would mean no facilities in Nye County. Dave Stephens thought the Board had taken too long to finalize this. Dave Richards from Civilwise Services said right now they had three contracts pending for grow facilities, all of which were located on properties that would need rezoning and possibly master plan amendments, neither of which could be done within the timelines discussed today. He also expressed concern with finding areas in general commercial that were good for cultivation. Michael Augustine was concerned about 100% of the money going into the general fund as it could be used in other areas such as education and law enforcement sensitivity training. Ed Goedhardt understood under the proposed ordinance the Board would adopt the State standards regarding setbacks, but he did not think the State put a minimum on the distance between a facility that was located on a 40-acre parcel 100 feet from the road and a residence across the street. He asked if the areas outside of the Pahrump RPC would revert back to the State standards and if the town boards would have a say in the fees levied.

Mr. Kunzi

explained under NRS Chapter 269 the towns had the authority to impose business licenses, so they could impose fees, but a town did not have any authority to make requirements with regard to land use zoning. That tight was specifically given to the counties. Tawny Tankersley wanted to see what was voted on previously regarding the State minimums with no restrictions on who could apply to the State because there was a $10,000.00 non-refundable fee at the State level, If they were restricted at the County level then the State would be restricted in the amount of funds it could hold on to. May 19, 2014 11. 11:00 For Possible Action Public Hearing discussion, and deliberation to: — - 1) adopt, amend and adopt, or reject Nye County Bill No 2014-16-Cont’d.

Mr. Pingree

asked that before the ten day notice was given that there be a clear, legally passed bill with the fee structure and a clear application from the County Planning Commission so those who wished to apply knew exactly what they had to do.

Commissioner Schinhofen

closed the public hearing.

Commissioner Carbone

made a motion to accept the changes as noted in the list of options 1-5 with the exception of (b) under 5 with an effective date of June 9, 2014.

Mr. Kunzi

stated under option 3 it was not exactly those changes. The first year would be June 20, 2014, and thereafter would be by May 31. Regarding removing subparagraph (b), he said that meant the property owners who lived within 300 feet would not get notice of the public hearing and he recommended including that notice requirement.

Commissioner Carbone

amended his motion to leave 5(b) in; seconded by

Commissioner Cox

asked if this would allow everyone to go to the State instead of just one person. Mr. Kunzi said this did not prohibit anyone from applying to the State. The issue was the State would not issue a registration to anyone who had not received a special use permit.

Commissioner Schinhofen

polled the audience to see how many people thought they could get their applications done by June 20, 2014. A lot of audience members raised their hands.

Commissioner Schinhofen

opened the public hearing. Dean Brooks asked for an explanation regarding a person’s ability to grow marijuana themselves.

Commissioner Schinhofen

explained if someone had a card and had been growing, the State law said come April 1, 2016, that person could no longer grow their own and would have to buy from a dispensary if they were within 25 miles of one. The Commission was saying that was not right because it was in the State Constitution. Michael Augustine questioned how it could be okay after 2016 as long as someone had a State registry card when the State said if those laws were violated then the registry card was revoked leaving them open for prosecution.

Mr. Kunzi

said this was as far as the County could go and it could not decriminalize marijuana.

Commissioner Schinhofen

closed the public hearing

Commissioner Borasky

made a motion to approve with an effective date of June 9, 2014; seconded by Commissioner Carbone.

Commissioner Cox

asked if there was any legal repercussion to this Board voting in an ordinance that went against the State law. Mr. Kunzi reminded the Commissioners they had already passed ordinances in violation of federal law.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. May 19, 2014 COUNTY MANAGER-Cont’d. 36. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.

Commissioner Schinhofen

read the guidelines regarding submittal of applications into the record. Debra Strickland asked if the deadlines for the special use permits could be met with the dates contained in the guidelines. Darrell Lacy felt it could be done.

Ms. Strickland

said anyone who could meet all the County requirements should be given the opportunity to open their business.

Commissioner Wichman

made a motion that Nye County would accept applications until June 20, 2014, and those applications would be forwarded to the State if they met all the requirements with no ranking by the Board of County Commissioners.

Commissioner Schinhofen

understood that this gave the County a little bit of a choice in who would operate.

Mr. Kunzi

explained he created the guidelines because he was told of concerns that the State said whoever got their application in first through the State would get their registrations, which meant the County had zero control and it would not be a competitive process. He said if the Board wanted to go in a different direction that would be fine, but it just passed an ordinance with a competitive application process in it.

Commissioner Wichman

withdrew her motion. William Home advised the State would process all applications it received contingent on the applicant getting County approval. He said one of the things the State was taking into consideration, especially in cultivation, was approving the number of cultivation sites to meet the demand of the State, not any city or county jurisdiction. It was his opinion if the Commissioners ranked the applications and still allowed the State to go through them they would have a better opportunity to have the appropriate number of cultivation facilities in Nye County.

Ms. Strickland

also felt the County should rank the applicants. Dwight Lilly said he did not want the Board picking winners and losers as far as which businesses got chosen. Michael Augustine advised Clark County had a proposal to charge a very hefty price tag to import cannabis into Clark County. May 19, 2014 36. For Possible Action Discussion and deliberation regarding the selection process for medical marijuana grow facilities and dispensaries.-Cont’d.

Commissioner Wichman

made a motion to leave in the first paragraph and remove the number 4 from the second to last sentence so it read after the presentations the Board of County Commissioners would individually evaluate and rank the projects and discuss their final rankings at the meeting and based on the rankings the applicants would be forwarded to the State; seconded by Commissioner Cox.

Mr. Kunzi

said the ordinance just passed would have to be amended to eliminate the competitive consideration of applications if a special use permit would be granted to every applicant.

Commissioner Wichman

amended her motion to include all three paragraphs;

Commissioner Cox

amended her second.

Mr. Kunzi

suggested a change to the other ordinance under Section 1 7.06.40c to read “that meets the needs of the residents of Nye County.”

Commissioner Carbone

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

Commissioner Wichman

made a motion to identify that chapter and section brought up by the District Attorney and change it to “meeting the needs of the residents of Nye County;” seconded by Commissioner Carbone; 5 yeas. May 19, 2014 10. 11:00 For Possible Action Continued Public Hearing, discussion, and — — deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-07: A Bill proposing to amend Nye County Code Chapter 16.36, the Procedures for Appeal of Decisions Regarding the Use of Land, by establishing the process for the appeal of administrative decisions and interpretations pertaining to zoning. land use, and other related subject matters; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

advised the ordinance was not complete yet.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

made a motion to continue this item to the next Pahrump meeting; seconded by Commissioner Borasky; 5 yeas. 13. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-10: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending Section 17.04.730 “Parking,” to allow for the use of alternative parking lot surfacing materials; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Carbone

made a motion to continue the public hearing to the next Pahrump meeting; seconded by Commissioner Borasky; 5 yeas.

Commissioner Carbone

said this would go back to the RPC. 14. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No.2014-Il: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending Section 17.04.200 “Residential Districts,” pertaining to the separation distance requirements between residential buildings; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Schinhofen

opened and closed the public hearing. Darrell Lacy stated he did not see any reason to continue this one as it could be rejected.

Commissioner Carbone

said he was asked by the RPC chair to redirect this back to them. May 19, 2014 14. 11:00 For Possible Action Public Hearing, discussion! and deliberation to: — — 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-11-Cont’d.

Commissioner Carbone

made a motion to redirect this back to the RPC for their review and final attention; seconded by Commissioner Borasky; 5 yeas. TREASURER 33. Treasurer’s Report The report was in the back-up. COUNTY MANAGER-Cont’d. 34. ongoing Project Report The report was in the back-up. FINANCE-Cont’d. 37. Budget to Actual Fund Balance Report The report was in the back-up. TIMED ITEMS-Cont’d. 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt! or reject the Final Budget for Fiscal Year 2014-15.

Commissioner Borasky

made a motion to accept the additional material; seconded by

Commissioner Carbone

; 5 yeas. Pam Webster advised she looked at five years of revenue history to get a look at where the County had been. Ad valorem had gone from $14.6 million in 2010 to around $11.3 million right now. Net proceeds had been adjusted down another $775,000.00 since the budget workshop as the Department of Taxation found they had estimated incorrectly and came back with another cut. From a high in 2010 of $3.7 million, it was now down to $840,000.00 for this year. Consolidated tax had been very up and down, but was strong the last few years because of good strong purchasing through the mines. PILT was negotiated at full value for five years and extended again this year. Charges for services had stayed fairly stable, which included the Treasurer trust sales. However, revenue was down to $31.9 million this year. Mrs. Webster worked with the Assessor hoping that maybe something had not been included from Solar Reserve since they were about to end their 30-month construction period, but those numbers were correct.

Mrs. Webster

had not been able to find any other sources of revenue. May 19, 2014 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject the Final Budget for Fiscal Year 2014-1 5.- Cont’d.

Mrs. Webster

then recapped the changes made since the workshop, which included the removal of the facility manager position and the natural resources contracts, reduction of the contingency to $100,000.00, removal of requested increases to department budgets, and reduction of the insurance for actual policy rates. Those provided $1.4 million, but still left a $2 million budget shortfall. Mrs. Webster outlined other reductions that could be considered, such as removal of membership and lobbying contracts, other agency support, and unfilled positions, for another $633,000.00.

Commissioner Wichman

said she understood having to reduce the natural resources figure down to not include any contractors, but her big concern was the removal of the NACO dues as that would eliminate their help with the natural resources. She asked that NACO be maintained.

Mrs. Webster

said that would still result in a shortfall of $1 .650 million. She noted the $65,000.00 for the veterans’ income was still intact as a department for consideration through the year as to how the Commissioners would want to expend that. It also assumed the additional $65,000.00 being considered under the Agricultural Extension which had been budgeted for many years had been taken out. If the Commissioners did not continue at that level then $65,000.00 came back in as revenue.

Commissioner Schinhofen

asked how reducing deputies affected the COPS grant. Mrs. Webster stated these were vacant positions and would not affect the grant.

Commissioner Wichman

made a motion to reduce all functions by 5% and put the Sheriffs Office on zero-based budgeting; seconded by Commissioner Borasky.

Commissioner Schinhofen

said he did not know where else to turn with this and believed the County had cut as far as it could and still operate. He said he would like to get a stabilization fund in the future.

Mrs. Webster

said that ideally net proceeds would not be used to balance the budget and that would be the stabilization fund every year. Another problem now was the way the tax income was calculated. She explained when property was sold at below market value that reset the tax cap. When it was sold at a more realistic market value, the taxes could not increase more than 3% a year on residential and 8% on commercial. She said there was a committee working on that issue right now which was proposing a modification to the cap rate and taking everything to 8%, which would help. She noted that Nye County’s abatement went to $9 million this year from about $4.5 million last year. May 19, 2014 8. 10:00 For Possible Action Public Hearing! discussion and deliberation to — — adopt, amend and adopt, or reject the Final Budget for Fiscal Year 2014-f 5.- Cont’d.

Commissioner Cox

asked if the 5% would prevent layoffs. Mrs. Webster said that would require every function to find a way to reduce their budget by 5% and she did not think that was possible without losing head count. Rick Marshall from the Sheriff’s Office stated there were only four vacant deputy positions: two in Tonopah, one in Beatty, and one in Pahrump.

Commissioner Wichman

said the Legislature needed to be talked to about the cap and NACO could help with that. Bob Jones asked what the $3.6 million in miscellaneous overhead was for.

Mrs. Webster

said that included the outside auditor, retiree medical, other legal fees, State unfunded mandates, postage, and advertising. She did not know if any of those could be reduced.

Mr. Marshall

also confirmed that the elimination of the deputy positions would violate the provisions of the COPS grant. When the Commissioners accepted the COPS grant they agreed to keep the minimum level of officers for three years plus the one year of retention the County was supposed to have. If it went below that it became a reportable violation to the Office of Justice Assistance COPS Office.

Commissioner Wichman

noted the granted stated the only acceptable reason to do that would be financial problems.

Mr. Marshall

stated nothing was listed as acceptable. It would just be taken into consideration. Richard Goldstein stated the supplies and services were out of control with some increased $100,000.00 from last year to this year.

Mrs. Webster

noted those included utilities, gas, outside contractors, office supplies, maintenance agreements on software packages, and travel.

Sheriff DeMeo

commented that the fuel prices really impacted his office.

Commissioner Carbone

asked if the prescription drug program was being done at both places as it had resulted in a great reduction. Sheriff DeMeo said yes.

Commissioner Carbone

asked about the situation with the food for the jail in Pahrump.

Sheriff DeMeo

said they had seen some increases with that, but he had reinstated their May 19, 2014 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject the Final Budget for Fiscal Year 2014-15.- Cont’d. cite and release policy to avoid incurring the cost of housing arrestees for minor violations like trespassing.

Commissioner Wichman

noted a lot of the teen programs would go away like 4-H.

Commissioner Carbone

made a motion to adopt; seconded by Commissioner Borasky; 5 yeas. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d.

Commissioner Schinhofen

expressed the Board’s appreciation of EMS services and all the volunteers who work throughout the County and the great job they do.

Commissioner Schinhofen

adjourned the meeting. APPROVED this 7 ‘ day ATTEST: Of ,2014.

Chair Ny

é Co nty Clerk I Deputy