Public meetings / Board of County Commissioners
December 16, 2014
188 turns, 188 with a named speaker, under 7 agenda items. The words and the names are the county clerk's.
8. 1 0:00 Swearing in Ceremony for Newly Elected Nye County Officials. The
Commissioner Botasky
was not present. 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). Mark Waite, Senior Staff Writer with the Pahrump Valley Times, stated this was the last meeting he would be covering as he was retiring. He said it had been a pleasure working with the Commissioners over the years and wished them luck. Anthony Greco said he had announced in October they would begin broadcasting on December 12, 2014, but while he was on vacation someone tore the tower down. December 16, 2014 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty. Belmont, Gabbs, Manhattan and Railroad Valley teleconference on November 3. 2014 and regular meeting on November 12, 2014.
Commissioner Wichman
said on the November 12, 2014, minutes under item 3 the sentence should read Mr. Coward, not Mr. Howard.
Commissioner Carbone
made a motion to approve the minutes for November 3, 2014, and November 12, 2014; seconded by Commissioner Wichman; 4 yeas. 5. Announcements (first)
Commissioner Wichman
stated that as the incoming president of NACO she was expected to go to Washington, D.C., after the meeting on January 6, 2015, with the executive director of NACO. They were invited to the White House. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)
Commissioner Carbone
said it was almost $14,000.00 for the DAV van and that needed to be on the agenda for January 5, 2015, so the Commissioners could make a choice to fund it or not. Additionally, a transfer of command would happen on January 5, 2015, in Pahrump for the Sheriff’s Department. He also wanted something on the project list for the airport process and its status.
Commissioner Wichman
advised that neither the liaison nor the alternate attended last Friday’s CNRWA meeting and she could not vote on behalf of Nye County. She asked when liaison positions were appointed next year that the alternates be considered as whatever Commissioner was available to preserve the voting rights.
Commissioner Borasky
explained he was supposed to go to that meeting, but the weather became very iffy and he noticed later that day on the leader board at the airport that a lot of flights were delayed coming out of Reno. He apologized for missing it but was glad he was not stuck in Reno all night.
Commissioner Schinhofen
asked staff to bring forward something on the coyote issue as quite a few residents had called him. He spoke with Vance Payne who gave him some information on the State hunters who thin out the packs and there were a couple of options for that. December 16, 2014 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
Commissioner Carbone
assumed the Chair of the Board of Highway Commissioners.
15. For Possible Action - General road report by Public Works Director
Commissioner Borasky
asked if there was a way to put up a sign on White Road showing there was a sharp curve ahead because he noticed quite a few times there were wheel tracks going into the desert. Also, coming back up to Highway 160 on the Crystal Road the blinking light will blink once, then hesitate, blink twice and hesitate, so that light was either starting to malfunction or die. He asked to have that looked at.
Mr. Fanning
stated that light sat on the NDOT right-of-way and Mr. Carlo had reported that to NDOT over a year ago. NDOT had safety money to purchase those flashing lights, but had no money to maintain anything. Regarding the curve signs, Mr. Fanning said they would do that, but advised that in the past they were used for target practice.
Commissioner Cox
said she had received complaints about Blagg Road flooding out again and asked if there was anything that could be done to improve that. Mr. Fanning said there were three spots that they could do something with. One area literally trapped the water and they were going to try to fix that as well as fixing a crown in another area.
Commissioner Cox
advised there was a pothole on the cornet of Moose and Red Rock. She also asked if there had been a warrant done on the corner of Highway 160 and Mesquite for a traffic light. Mr. Fanning said not to his knowledge, but he recalled in a CIP meeting the Road Department had talked about laying a counter out there on the County’s behalf to get a feel for where that was. He did not know of any other conversations that might have occurred, but they could look at the intersection and study it all four ways.
Commissioner Schinhofen
said people on Turner at Quarter Horse asked for a stop sign and he asked for a count there. Mr. Fanning stated that study was completed for the Board last year and came back that it was not warranted. He would send that information to the Commissioners. December 16, 2014
Commissioner Carbone
asked for a status on the lights by the Wal-Mart Plaza. Mr. Fanning said the information that Public Works had gathered was out of 1996 data from Derma Boy Holdings. NDOT had signed the official right-of-way for that lighting to be installed in the NDOT right-of-way with NDOT to manage it. That information was sent off in November and they were waiting for comments back from NDOT regarding that information.
Commissioner Carbone
asked Mr. Fanning to follow up and if he did not get any answers to let the Commissioners know so a formal letter could be sent from the Board.
16. For Possible Action Discussion and deliberation to set a date, time, and
Commissioner Schinhofen
made a motion based on staff recommendation to set the date, time and location as January 20, 2015, at 10:15 a.m. in Pahrump, Nevada, for the Nye County Highway Commission Resolutions Nos. RC2015-01 through RC2015-35; seconded by Commissioner Wichman; 5 yeas.
Commissioner Wichman
advised she got an e-mail on December 15, 2014, that said 1,974 roads were complete, 5,508 miles of roads had been completed, and the files included over 10,000 photographs and over 4,000 historical maps. This started April 10, 2010, and it was completed by the contractor as of 10:00 a.m. on December 15, 2014, within budget and on schedule. SITTING AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Schinhofen
assumed the Chair of the Board of County Commissioners. PUBLIC WORKS
53. For Possible Action Discussion and deliberation to accept an Offer of
Commissioner Carbone
made a motion to approve; seconded by Commissioner Cox; 5 yeas.
Commissioner Carbone
asked if there would be any more big restrictions. Dave Fanning said there was an ag well close to the road, but he did not think so. December 16, 2014 52. For Possible Action Discussion and deliberation concerning a request for the County to assume maintenance responsibility for all roadway pavement associated with the Cottonwoods at Hafen Ranch Subdivision.
Commissioner Carbone
noted there were no funds today to maintain these toads so if the County took them over they would not be maintained. He said it would be nice if they could be surfaced a little to make them last.
Commissioner Wichman
said she lived on the end of a 14 mile long driveway. She had two neighbors, they all paid taxes, and the only thing they really got out of their taxes was a fantastic job done on the roads. She believed there were nearly 255 people here who paid their taxes and felt it was only the right thing to do to put the agreement in place whether there were funds or not.
Commissioner Carbone
made a motion to approve acceptance of the roads.
Commissioner Wichman
asked if the roads were built to County standards. Dave Fanning stated the subdivision was never built to become a County subdivision, but the roads were built to County standards.
Commissioner Wichman
seconded the motion to approve acceptance of the roads; 5 yeas. TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action Discussion and deliberation to: 1) address all — — comments that have been received by the public; 2) make recommendations for any changes to the proposed proiects; 3) make a final selection on two of the applications for submittal to CDBG. Julie Carlo, Grants Manager, advised the lighting and parking lot projects were combined so there were a total of five projects now, and there was no public comment received.
Commissioner Wichman
stated that normally when she considered a CDBG project her first priority was safety and the numbers served in the County. However, she got extremely excited about the possibility of being able to attract new money into the County so her first priority would be the Beatty mountain bike trails. Although her second choice would not attract new money nor provide for the largest number of members of Nye County, she said it was in her district, was one of the more conservative requests she had ever seen and would provide safety, so her second choice would be the Gabbs pool project.
Commissioner Borasky
said to him the most people served would be the most important. The two Calvada Eye projects combined was the one he preferred as it served the most people, would spruce up the area, and would help draw economic development. December 16, 2014 9. 10:45 For Possible Action Discussion and deliberation to: 1) address alt — — comments that have been received by the public; 2) make recommendations for any changes to the proposed projects; 3) make a final selection on two of the applications for submittal to CDBG.-Cont’d. Comm issioner Schinhofen said he had heard the Beatty project had enough private funds to do it. Mrs. Carlo advised she had conversations with Mr. Spicer who mentioned that whether or not he was awarded the grant funding it was going to happen anyway as they had the money for it. Mrs. Carlo reminded the Commissioners that all projects given precedence were $150,000.00 and above so the CDBG committee would look at those first before they even considered the smaller amounts.
Commissioner Ccx
said it was sad to see that they were taking the smaller ones off and putting the more expensive ones on considering that originally when these block grants started it was for people who did not have a way to get a lot of improvements in the older areas. As much as she would like to see the Calvada Eye fixed up, she had to support Commissioner Wichman.
Mrs. Carlo
said she discussed this with a couple of people from the CDBG committee who explained the reason was the larger projects benefited more people in the lower income areas.
Commissioner Schinhofen
asked when the last time was that Pahrump got a grant.
Mrs. Carlo
stated it was 2003. Amy Fanning added there was a County-wide grant for CASA a couple of years ago. Pam Webster wanted to be sure the Board addressed the evaluation criteria from CDBG because that would make the County more likely to be selected. She said that changed this year and had more to do with economic development.
Commissioner Schinhofen
said he would like to see the Calvada Eye and Gabbs pool.
Commissioner Borasky
made a motion that it would be the Calvada Eye and the Gabbs swimming pool project; seconded by Commissioner Carbone; 5 yeas.
Mrs. Carlo
confirmed that the Calvada Eye was ranked number one and Gabbs was tanked number two. Brian Kunzi was not sure the motion was set up as a tanking and advised the motion should be re-done for the record.
Commissioner Borasky
made a motion that the Catvada Eye would be number one, replacing the street lighting with energy efficient combined with the parking lot, and number two would be the Town of Gabbs for repairs to the swimming pool, bathrooms, drinking fountains, showers, and ADA compliance; seconded by Commissioner Carbone; 5 yeas. December 16, 2014 BOARD OF COMMISSIONERS 20. 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. 21. 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. 22. 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. 23. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2014-51: A resolution saying “No” to the Bureau of Land Management.
Commissioner Cox
stated this was the resolution she asked for and some changes were made from the original based on comments she received from certain people.
Commissioner Wichman
noted no one had an opportunity to review those changes and asked to delay this item until the Commissioners had a chance to review. Lorina Dellinger advised the latest version was in the back-up and included all of the changes.
Commissioner Borasky
said he would like to have a clean copy brought back after the District Attorney reviewed it for correct terminology.
Commissioner Schinhofen
agreed with wanting a clean copy.
Commissioner Schinhofen
made a motion to put this item off until January 5, 2015; seconded by Commissioner Wichman; 5 yeas. December 16, 2014 TIMED ITEMS-Cont’d. 10. 1 1:00 For Possible Action Discussion and deliberation to: 1) reject in its — — entirety; 2) adopt in its entirety; 3) adopt parts of; or 4) refer with recommended changes, to the planning commission for a report thereon, regarding Nve County Resolution No. 2014-f 7: A Resolution adopting the 2014 Pahrump Regional Planning District Master Plan Update dated May 1 2014.
Commissioner Carbone
said in section 3 on page 4 the Eric Vessella property was incorrectly identified and needed to be turned back to the 2014 land use general commercial.
Commissioner Schinhofen
reminded the public this master plan was land use designations and did not change their zoning.
Commissioner Carbone
made a motion to amend section 3 on page 4, Eric Vessella, to change what was identified today on the master plan to 2014 land use general commercial and adopt; seconded by Commissioner Cox.
Commissioner Cox
asked about Blagg Road and if anything had changed as far as the zoning as people told her they would like to see it change from residential to commercial along Blagg Road itself. Cheryl Beeman from the Planning Department said infrastructure had recently been installed in that area and it was one of the items they put on their implementation action plan for a study area. Brian Kunzi said from a legal standpoint any changes the Commissioners proposed to the master plan would have to be referred back to the Planning Commission for their consideration and report. If this had previously been submitted back to the RPC for their review then the Commissioners could change whatever they wanted to change.
Mrs. Beeman
stated Mr. Vessella’s property was one of the identified items that were referred back to the RPC.
Commissioner Borasky
asked how much it cost to do this. Mr. Lacy explained most of the work was done by staff and volunteers from the community. They did not keep track of staff time. They also had outside consultants that helped with the mapping portion of it. Eric Vessella asked the Board to reject the master plan land use revision in its entirety and allow him to keep his existing master plan general commercial land use.
Mr. Lacy
explained there was a quarter mile of general commercial between this property and the property of the residents who spoke at the RPC. He described how photovoltaic projects were low impact projects and buffering and landscaping would be included in the development plan to block the view from the neighbors. The final design would require a conditional use permit so it would come back for a public hearing. Brian Kunzi advised that the Board had the authority under the Code to either grant or deny the petition for a zoning change. Since the RPC did not approve the petition with special conditions, any conditions the Board imposed at this point in time had to be agreed to by the applicant. It was his understanding that to approve the zoning change they would be willing to accept as a condition the obligation to obtain a conditional use permit in order to use this property for a photovoltaic project. Dan Scoff, manager of Desert Badger LLC, explained they would like to remove these parcels from the development agreement in order to pursue other projects and had received written consent from PV Land Investments. Mr. Scott stated that although they were not here today asking for approval of a solar project, they had thought it was prudent to note in their application that they had been working with companies interested in developing solar generation on these properties. They received wriffen and verbal opposition to a solar project from residents of non-adjacent parcels. He said they would be agreeable to a conditional use permit if that became a need in the future, but today was just about a zone change and development agreement withdrawal. Mr. Scott reminded everyone that the intended use for the property under the gateway December 16, 2014 ha. For possible action — ZC-2014-000001-Cont’d. development plan was for a wastewater treatment facility and if their application was not approved then the current intended use of the property would remain.
Commissioner Schinhofen
opened the public hearing. John Bosta asked if the homes within a one mile radius of the subject property were on domestic wells and if there was a plan to protect the domestic wells from the commercial development. He also wanted to know if any of the water tights for the commercial development had been banked with the PUC with an agreement that they turn the water rights over to the utility company for future development. He said there was no mention about the water, water rights and changes in the application. Additionally, Mr. Bosta noted since development was not done in the time frame specified in the development agreement it was a dead issue.
Mr. Lacy
explained the development agreement expired in 2016, so there were two more years on that. Most of the conditions of that, including water, were based on when a certain number of homes were sold so none of the requirements were based on time. Lloyd Hohi noted the property was 1,200 feet from Rogers Estates, a planned residential community with custom homes. It was not undeveloped land and would definitely sustain a financial and environmental impact. Mr. Hohi’s research revealed solar farms caused health issues of one kind or another and home values declined around them. He asked the Commissioners to maintain the integrity of the community and locate this project in a less obtrusive area. Gary Thomas, a resident of Rogers Estates, did an internet search of solar plants related to residential areas and the closest he could find was nine miles from the nearest residential area in Phoenix, Arizona. There were concerns about health affects, microclimate due to the heat, and the aesthetic affects. He felt the project would be too close to Rogers Estates and that it would poison the entire area for any future development other than industrial. He asked the Commissioners to stick with the RPC’s recommendation.
Commissioner Schinhofen
clarified this item was not to approve a solar plant, just the zoning, and they would have to come back to talk about developing anything. Maria Quercia pointed out the Planning Commission voted for denial. She felt solar panels were dangerous and unappealing visually. John Koenig, Chairman of the RPC, cautioned that since Mr. Scott was not the ultimate owner or user of this property conditions for a conditional use permit needed to be binding on a future owner.
Mr. Kunzi
said they would be as they ran with the property. Joe Quercia also lived in Rogers Estates and was concerned with the need for a way to collect the solar power, such as a substation and high lines which were all detrimental to December 16, 2014 11 a. For possible action — ZC-2014-00000f -Cont’d. health. He did not believe the Commissioners should change it at all. He also understood at the last meeting it was said that light industrial had to be enclosed and asked if that was the Commissioners’ findings.
Mr. Lacy
stated light industrial activity must take place within the building and anything outdoor was heavy industrial, which was not what was being asked for here. He noted Valley Electric’s 138 kb power line was adjacent to the property so the power line transmission was already there.
Commissioner Wichman
reminded everyone they were not approving any kind of industry on this, just a zone change. Mable Charbenow said she and her husband lived on Keomah, 1,200 feet from this proposed zone change. She was really concerned about the health effects of a solar plant. She said the Planning Board voted 5-2 to not have the solar, so with all due respect to the people concerned she hoped the Commissioners would not create a zone change there. Olga Martin also lived in Rogers Estates and was concerned about the health issues and how other industrial development would affect the property values of the homes. Penny Compton, a resident of Rogers Estates, asked the Board to deny the motion to change the zoning and abide by the original master plan for that area.
Commissioner Schinhofen
closed the public hearing.
Commissioner Schinhofen
asked what would happen in 2016 when nothing was done with the property and the development agreement went away.
Mr. Lacy
said the current zoning was special planned development so a zone change would be needed unless the development agreement was renewed. The Focus Group had expressed an interest in extending the development agreement.
Commissioner Schinhofen
said he understood these were retirement homes, but they were surrounded by general commercial and he was worried when someone wanted to develop those properties that the same people would come forward and complain.
Mr. Kunzi
said when he looked back at the staff report from the RPC the granting of setback requirements was a part of the original staff recommendations, so the Commissioners could also impose those conditions.
Commissioner Carbone
asked how the solar plant showed up.
Commissioner Borasky
said it was his understanding that it could be used for a potential solar project, but everything was speculation with a lot of hypothetical things said at the meeting. He understood the concerns of the folks who lived there. December 16, 2014 If a. For possible action —ZC-2014-00000I-Cont’d.
Commissioner Carbone
also wondered if the residents knew there would possibly be a sewage plant 1,200 feet away.
Mrs. Quercia
said there was a plan in place and she was just asking for the Board to stand by the plan, even if it involved a sewage plant.
Commissioner Wichman
asked Mr. Koenig what his assessment was at the RPC meeting. Mr. Koenig said they empathized with the neighbors and listened to Mr. Scott, who obviously had no intention of doing anything with this property except sell it. It was
Mr. Scott’s
opinion that he would sell it to someone who would put a solar farm on it, which was where solar farm came from. Basically after listening to everyone they did not think that was a proper place for a solar facility.
Commissioner Borasky
made a motion to approve with the conditions that the developer submit to Nye County for review and approval a category I site development plan, a conditional use permit would be required, the property owner shall dedicate to Nye County the road right-of-ways under a and b, and if nothing was built on the property in a five year period the zoning would revert back; seconded by Commissioner Carbone.
Commissioner Cox
had questions regarding what the specific plan was right now and what else could be built in light industrial besides a sewer plant.
Mr. Lacy
advised the specific plan was the Focus Group development agreement and that warehouses, businesses, and most commercial activities could be done in light industrial areas.
Commissioner Ccx
said she sympathized with the residents as she had the same situation occur to her in Clark County where she was 1,200 feet from industrial that was originally residential, which was why she left.
Commissioner Schinhofen
opened and closed the public hearing. December 16, 2014 lic. For Possible Action Public Hearing, discussion, and deliberation to: I) Adopt, amend and adopt, or reject Nye County Bill No. 201 4-31-Cont’d.
Commissioner Carbone
made a motion to approve Bill No. 201 4-31 with an effective date of January 6, 2015; seconded by Commissioner Borasky; 4 yeas. Commissioner Cox voted no. PUBLIC PETITIONER
55. For Possible Action Discussion and deliberation regarding tuition
Commissioner Wichman
made a motion to approve; seconded by Commissioner Bo rasky.
Commissioner Carbone
pointed out the money established many years ago would be gone after this.
Commissioner Borasky
made a motion to appoint Leahann De Anda; seconded by
Commissioner Wichman
; 5 yeas. The Board was in recess until 2:00 p.m. December 16, 2014 TIMED ITEMS-Cont’d. 11. 11:00 For Possible Action Public Hearing, discussion and deliberation Ofl — - the following Planning and Zoning matters: jib. For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2014-30: A Bill proposing to amend Nye County Code 16.24.030 “Duties and Authority of the Pahrump Regional Planning Commission” by removing 16.24.030.C.2.b “Review Authority of the Board of County Commissioners” in its entirety, due to a conflict between 16.24.030.C.2.b and I Z.04.920.C “Conditional Use Permits Decided by Planning Commission” and because 16.24.030.C.2.b cites Nevada Revised Statutes 278.31 7 which has been repealed and is no longer in effect; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.
Commissioner Schinhofen
opened and closed the public hearing.
Commissioner Wichman
made a motion to adopt with an effective date of January 6, 2015; seconded by Commissioner Carbone; 5 yeas. lid. (Continued from November 12, 2014 BOCC public hearing): ii .d.i. For Possible Action MP-i4-0004: Public hearing, discussion and deliberation on a request for a (Maior) Master Plan Amendment application to change 55-acres from the Mixed Use and Low Density Residential land use designations to the General Commercial land use designation, located at 600 S. Leslie Street, a portion of the East 1/2 of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC Applicant. Civilwise Services, Inc. Agent. AP# 36-171-28. 11.d.ii. For Possible Action ZC-14-0008: Public hearing, discussion and deliberation on a request for a (Non-Conforming) Zone Change application to change approximately 32-acres of a 55-acre parcel from the Rural Estates (RE-i) Zoning District to the General Commercial (GC) Zoning District located at 600 S. Leslie Street, a portion of the East 1/2 of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC Applicant. Civilwise Services, Inc. Agent. AP# 36-171-28.
Commissioner Carbone
thought this would have to be continued again based on some meetings that had been held. He said no information had been received from the Water Board and the RPC had continued it also. Dave Richards from Civilwise Services said they had a presentation they would like the Board to see as well as a proposal with changes more in line with what Commissioner Carbone moved for in the last hearing. December 16, 2014 11.d.i. For Possible Action MP-f4-0004-Cont’d. If .d.ii. For Possible Action ZC-I 4-0008-Cont’d.
Commissioner Schinhofen
said the concern was they had not heard back from the Water Board and the RPC had now also put it off and the Board was looking for the other recommendations.
Mr. Richards
advised the RPC was for the conditional use permit, which would come after the zone change, and the opinions from the Water District Board were in line with what the applicant was proposing to the Board anyway. He would like to make a proposal with regard to that and hopefully move forward with this and not postpone it another two months. Darrell Lacy stated the Water District had not seen the changes being proposed, but had some questions and recommendations on a three to one mitigation for water rights.
Mr. Richards
said they were told they should put together a water mitigation plan of sorts and resubmit that to the Water Board, which they were proposing could be considered at the hearing for the conditional use permit. The RPC hearing was scheduled before the next Commissioners’ meeting, so that would have to get continued to February. The Water District Board discussed putting a special meeting together, which did not happen, and the next one was scheduled for January 26, 2015.
Commissioner Wichman
asked Mr. Richards what he believed the Water District Board would recommend.
Mr. Richards
said it was a Pahrump Regional Planning District-wide proposal that all projects had to give up three water rights for every water right needed for a prOject. It was their understanding it would come to the Board of County Commissioners as the recommendation would not be specific to just this project but every project, so the applicant modified their request to come more in line with what everyone had been asking for. Their proposal also included removal of the lake development and sticking with the twelve units per acre. They also wanted approval prior to the Board accepting and putting the three to one in the Code to do a water development plan that showed actual water usage, water consumed, and water back into the basin, and offered to relinquish that portion of the water on a one to one basis. Regarding the confusion over the “three to one ratio” phrase and its intent,
Commissioner Wichman
said it was her understanding that the intent was the applicant would come to the table with three water rights, use one for the project and give up two.
Mr. Lacy
said that was correct. Paul Strange with Civilwise Services reviewed the project, which was development of a 55-acre parcel to include an Alzheimer’s care facility, a senior center/nursing home facility, retail space, medical/professional space, restaurant space, and a 213 space RV park. He described the benefits to the community the project would provide, including jobs and tourism revenue. The plan included berms, walls and combinations thereof to eliminate noise and ensure privacy. They looked seriously at the water usage for this December 16, 2014 1f.d.i. For Possible Action MP-14-0004-Cont’d. 11 .d.ii. For Possible Action ZC-1 4-0008-Cont’d. project and were very conservative in their numbers. Their plan also addressed flooding issues and provided for preparation of a drainage study. They would work with the County to address any concerns found in that study and all flood mitigation would become part of the overall design of the project.
Mr. Richards
said their concessions included eliminating the lake, agreeing to the density, and accepting the twelve units per acre density for the RV park. They would also agree to the three to one requirement.
Commissioner Schinhofen
asked if this was still a major master plan change. Mr. Lacy said if it was approved it was still amending the last old master plan.
Commissioner Schinhofen
asked if the applicant had a will serve letter from a utility company or if they planned on running their own. When Mr. Richards indicated they planned on setting up their own, Commissioner Schinhofen pointed out the need for some real details on that because if they could not run it after five years then the County would be on the hook for it.
Commissioner Carbone
made a motion to approve the master plan amendment to general commercial and the zone change to neighborhood commercial for the 17 acres as shown for the RV park with the additional conditions of no lake, maximum density of 12 RV spaces per acre, and the property owner/developer must provide a three to one water mitigation conservation as had been discussed and clarified; seconded by
Commissioner Carbone
said the motion was for both MP-14-0004 and ZC-14-0008.
Commissioner Carbone
restated his motion was to approve the master plan amendment to general commercial and the zone change to neighborhood commercial for only the 17 acres as shown on the proposed RV park with the additional conditions of no lake shall be constructed, a maximum density of 12 RV spaces per acre for the RV park, and the property owner and developer must provide three acre feet of water and give up two. John Bosta said he understood the Public Utility Commission said there would be no new utilities in the Pahrump valley and questioned how the applicant could bring forth their own utility system.
Mr. Lacy
advised there had not been an order by the PUC saying that. They had discouraged any new ones to the point that no one had tried. If only the RV park was approved then they would have no customers and could operate their utility company. Carl Jacob said in the paper last week it was mentioned that the land owner was thinking about growing alfalfa there. He thought that was a good use with no negative impact on the neighbors, no traffic, and recycling of the water. He had heard that December 16, 2014 11.d.i. For Possible Action MP-14-0004-Cont’d. 11 .d.ii. For Possible Action ZC-1 4-0008-Cont’U. Pahrump had over allocated the water rights and believed the water was being misused by consumption where there was no recovery. He recommended the Board not pass any project that used a lot of water consumption until the drought was over. Rinada Yannello thought there were better areas in town that would be a better fit for something of this magnitude and asked the Commissioners to not approve it. Michael Lach said he first used the phrase “three to one” and apologized for the confusion it had caused.
Commissioner Schinhofen
closed the public hearing.
Commissioner Carbone
asked if there was a time limit as to when this needed to be completed or started.
Mr. Lacy
said a zone change with conditions applied to it would expire automatically after three years and they still had to come back for a conditional use permit.
Mr. Koenig
, RPC Chairman, advised during the last discussions the RPC put the conditions on and they gave them a year to start and three years to finish or else everything reverted back. That would be discussed when they did the CUP for the RV park.
Commissioner Carbone
amended his motion to fit that same plan.
Commissioner Cox
asked if they could use a commercial septic tank for the RV spaces versus building a sewer plant.
Mr. Lacy
said the largest commercial sewer the County could approve was 3,000 gallons, which would not cover that many spaces. NDEP could approve above that, but he did not know what the largest commercial septic tank was.
Commissioner Borasky
said he asked staff about three years ago to come back with some alternatives to impact fees, one of them being that if there was sewer/water to an area the fees would be lower and higher if not. He asked Darrell Lacy to bring back some alternatives using rural areas and not based on Clark County. Darrell Lacy explained the moratorium would end at the end of this year and this was the every three year review the County was required to do. Changes made would have to be done through a study so it was more than bringing it back for an agenda item. He would have to look at the options, evaluate the impact fees, and justify them, but he understood what Commissioner Borasky wanted and would move forward.
Commissioner Schinhofen
noted how much revenue was lost with the moratorium and said he was happy it was ending. 11. 11:00 For Possible Action Public Hearing, discussion and deliberation on — - the following Planning and Zoning matters: II .e. I. For Possible Action Waiver Application No. WV-2014-000002: Public Hearing, discussion, and deliberation on a request for a Waiver from Nye County Code to allow for an application for a Special Use Permit to be heard for a medical marijuana production establishment outside of the established once-per-year hearing schedule, for 8.09 acres located at 9680 S. Oakridge Avenue, Pahrump, Assessor Parcel #44-851-30. K&K Properties Group LLC Property Owner. Nevada Natural Medicines LLC Applicant. Champ Roach Agent. — — 11.e.ii. For Possible Action Special Use Permit Application No. SU-2014-000001: Public Hearing, discussion, and deliberation on a request for a Special Use Permit to allow a medical marijuana establishment (production) in the RE-2 Zoning District with the Business Opportunity Overlay Zone, on 8.09 acres located at 9680 5. Oakridge Avenue, Pahrump, Assessor Parcel #44-851-30. K&K Properties Group LLC Property Owner. Nevada Natural Medicines LLC Applicant. Champ Roach Agent.— Brian Kunzi understood with the action previously taken when considering the licenses and the special use permits for the medical marijuana facilities that no one’s application was actually denied. The Commissioners were just puffing together a list of those recommended to the State. His recommendation was to go ahead and reconsider the application, but there was no need to consider the waiver.
Commissioner Schinhofen
opened and closed the public heating.
Commissioner Cox
asked if it was okay to have a marijuana grow in a greenhouse. December 16, 2014 1f.e. i. For Possible Action — Waiver Application No. WV-2014-000002-Cont’d. 11.eji. For Possible Action — Special Use Permit Application No. SU-2014-000001- Cont’d.
Mr. Kunzi
stated they would have to comply with all the requirements of their State license and he had not been given any indication that they would be in violation of that.
Commissioner Wichman
made a motion to approve SUP application 2014-000001; seconded by Commissioner Borasky; 5 yeas. PLANNING/BUILDING-Cont’d. 50. For Possible Action SW-2014-000001: Discussion and deliberation on a request for a Solid Waste Permit for a 10-acre portion of a 40 acre parcel, located on the south side of Cook Road in Amargosa Valley, a portion of the SW ¾ Section 7, TI 65, R5OE. Settlemeyer Trust Property Owner. B.A.E. Industries LLC Applicant. AP# 021-441-Il.
Commissioner Carbone
made a motion to deny SW-2014-000001 based on information he had gotten from the town; seconded by Commissioner Borasky. Steve Settlemeyer, the property owner, stated they were trying to do a farm on about 140 acres there and when they went to the zoning department they were told they needed a solid waste permit, which was not what they wanted. They paid the $1,500.00 because they were told to, but they did not dump on the property. Darrell Lacy explained for some of the activities they were planning on doing they were told they did not need a permit, but others like bringing in material from the casinos in Las Vegas would need a solid waste permit.
Commissioner Borasky
was not present.
Mr. Sefflemeyer
stated everything they had there was for mulch to enrich the land and feed the animals and was all organic.
Commissioner Carbone
said he was at the meeting when the person who was going to do this work came in and presented and there was more to the story than just mulch. It would be compost and it would be sold, so there was a reason for this permit to be requested. Mike Coffingim, Administrator for the Town of Amargosa Valley, provided a timeline of events beginning with a notice from Mr. Lacy in October about a waste processing facility in Amargosa Valley. Mr. Lacy had received an e-mail from Ryan Lynch from BAE Industries asking Mr. Lacy to send an e-mail to NDEP stating that BAE Industries would not be required to get a solid waste permit for industrial food byproducts generated from a production facility or manufacturing process. Mr. Coffingim was not sure what was coming on site and for what purpose, just that it was not leaving. He said the material there now was primarily coming from palm tree waste and he thought December 16, 2014 50. For Possible Action - SW-2014-000001-Cont’d. they were using a livestock area shown in their plan to make it an ag facility so they would not need the solid waste permit.
Commissioner Schinhofen
said that while there was nothing in the Code that said they could not put 200 pigs out there, the concern was with the solid waste hauling and disposal, which was why the solid waste permit was needed.
Commissioner Carbone
made a motion to approve license application MM-2014- 000003; seconded by Commissioner Wichman; 4 yeas. DISTRICT COURT 37. For Possible Action Discussion and deliberation regarding a request to modify Dept 2 District Court Chambers located in Pahrump, NV.
Commissioner Carbone
asked to push this out to January 5, 2015, so the two judges could work out the differences they may have.
Commissioner Carbone
asked if there would be any issues if this item waited until the next meeting.
Sheriff DeMeo
stated search and rescue had been working without a vehicle and this had been pushed off since the sales tax was approved. He wondered why it needed to wait two more weeks.
Commissioner Schinhofen
advised the Sheriff-Elect asked for it.
Sheriff DeMeo
expressed his frustration with the lack of communication in his 12 years with the County, especially when people wait all day for an item on the agenda to find out it was being pushed off. December 16, 2014 34. For Possible Action Discussion and deliberation to approve purchasing a vehicle for Search and Rescue using funds from the South Area Command — Public Safety Sales Tax-Cont’d.
Commissioner Carbone
made a motion to approve; seconded by Commissioner Wichman; 4 yeas. TIMED ITEMS-Cont’d. 12. 11:30 —Willow Creek Remediation Update Report Wendy Barneff, president of UICN, announced the winner of the Willow Creek name change contest was Susan Mora with the name Discovery Park, which fit well with what UICN was trying to do at the site. They had hired landscape architects who had done a site visit. Regarding the history on the permit that she had been trying to get through Nye County that Commissioner Wichman had asked for, that information was in the back-up. Ms. Barneff thanked Commissioners Borasky, Carbone and Cox for their help. She said they were shovel ready to do the remediation work and looked forward to the decisions to expedite it.
Commissioner Carbone
advised the meeting was set up for Thursday at 8:00 a.m. NUCLEAR WASTE REPOSITORY PROJECT OFFICE/NATURAL RESOURCES 47. For Possible Action Presentation, discussion, and deliberation: 1) on the status of Rural Desert Southwest Brownfields Coalition (RDSBC) activities across the Coalition area and in Nye County, including completion of the Area Wide Plan; and 2) to approve the draft Final Report for the 2011 U.S. Environmental Protection Agency (EPA) Brownfields Coalition Assessment Grant.
Commissioner Wichman
made a motion to approve the draft final report for the 2011 Environmental Protection Agency Brownfields Coalition Assessment Grant; seconded by Commissioner Carbone; 4 yeas. TIMED ITEMS-Cont’d. 13. 1:30 For Possible Action Discussion and deliberation to convert from our — — existing Volunteer Ambulance Service to a new program for Volunteer Ambulance Service in Nye County. Vance Payne, EMS Director, explained these were two new software programs that would help improve the bottom line and their ability to do business. ESO was an December 16, 2014 13. 1:30 For Possible Action Discussion and deliberation to convert from our — — existing Volunteer Ambulance Service to a new program for Volunteer Ambulance Service in Nye County.-Cont’d electronic patient care reporting system that was significantly easier and faster to use than what they had now and would tie in with HSI, a third-party billing system, allowing bills to be generated within 72 hours.
Commissioner Wichman
assumed the Chair of the Board of County Commissioners.
Commissioner Carbone
made a motion to approve the volunteer ambulance service for Nye County and execute the contract; seconded by Commissioner Cox; 4 yeas. John Bosta noted the County did not have an ordinance to operate an ambulance service and needed that first before it started changing things.
Commissioner Carbone
advised the ordinance to operate an ambulance service would be on an upcoming agenda and they were doing this now so everything was in place when that ordinance was adopted. Ed Tomany questioned the legality of the vote before he was able to speak. He felt the item was not agendized correctly since it was described as a conversion from the existing service but the discussion was on billing. He asked who was presently doing billing in Nye County and if that employee would be lost if the County went to a third party billing system.
Mr. Payne
said it was Marianne Odman in Tonopah currently and she would be reassigned.
Mr. Tomany
wanted to know what the FY2013 billables were for the ambulance in Nye County.
Commissioner Wichman
apologized to Mr. Tomany for going straight to the vote without discussion and said the item would be reconsidered if needed after discussion. When Mr. Payne was not able to provide the information Mr. Tomany requested, Mr. Tomany expressed his concern that information regarding the billables and collectibles was not available to the Commissioners and the public. He advised the billables were $293,271.20 and then asked what the collectibles were. Brian Kunzi stated this discussion was not covered by the agenda item as it was not an item to discuss the financing or billings with the ambulance service.
Mr. Tomany
said that was exactly why he was here as this was not agendized properly.
Mr. Kunzi
advised there was nothing wrong with any agendized item. An agenda item was designed to allow discussion of a subject mailer that was listed in the agenda item. This discussion was beyond the scope of the agenda item and the Board was committing an Open Meeting Law violation if it continued with the discussion. December 16, 2014 13. 1:30 For Possible Action Discussion and deliberation to convert from our — — existing Volunteer Ambulance Service to a new program for Volunteer Ambulance Service in Nye County.-Cont’d
Commissioner Schinhofen
assumed the Chair of the Board of County Commissioners. 14. 1:30 For Possible Action Discussion and deliberation regarding a - — resolution setting schedule of fees for Nye County Emergency Response Services.
Commissioner Wichman
made a motion to adopt Resolution No. 2014-35; seconded by
Commissioner Carbone
; 4 yeas. 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. 17. For Possible Action — Approval of Elected Official Collection Report
Commissioner Wichman
made a motion to approve items 17-19; seconded by
Commissioner Carbone
; 4 yeas. 18. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, March 17, 2015 in Pahrump, Nevada.
Commissioner Wichman
made a motion to approve items 17-19; seconded by
Commissioner Carbone
; 4 yeas. 19. For Possible Action Approval of Amendment Two to the Interlocal Contract for Medical, Core, and Support Services for HIV/AIDS Infected and Affected Clients in the Las Vegas, Ryan White, Transitional Grant Area to allow emergency financial assistance for Rent/Mortgage; Utilities andlor Deposits.
Commissioner Wichman
made a motion to approve items 17-19; seconded by
Commissioner Carbone
; 4 yeas. December 16, 2014 BOARD OF COMMISSIONERS-Cont’d. 24. For Possible Action Discussion and deliberation to approve Friday, December 26, 2014, as a day off with pay for all employees and to declare the necessary offices closed.
Commissioner Carbone
made a motion to approve Friday, December 26, 2014, as a day off with pay for all employees and declare the necessary offices closed; seconded by Commissioner Cox; 4 yeas. 25. For Possible Action Discussion and deliberation regarding a contract with Akerman Senterfift for all federal representational lobbying activities. Amy Fanning advised this would be funded out of the Fund 10301, Special Projects.
Commissioner Wichman
made a motion to approve; seconded by Commissioner Ca rbone.
Commissioner Cox
noted there were several items that would be covered other than just Yucca Mountain and asked if this would cover all of the issues the County had or just specific issues.
Commissioner Wichman
said it would be anything that went up to the national level or that the Board wanted the national level reported back on. Angela Bello, District Attorney-Elect, added a lobbyist would not participate in litigation. They would try to get laws the County wanted passed into the Legislature.
Commissioner Wichman
made a motion to appoint Susan Dudley, Nazila Hummer, Allen Metscher, Susan Rigby, Jim Rigby, Cindy Kaminski, and Phyllis Sorhouet; seconded by Commissioner Carbone.
Commissioner Wichman
amended her motion that their terms would expire December, 2015; Commissioner Carbone amended his second; 4 yeas. December 16, 2014 29. For Possible Action Discussion and deliberation to appoint two (2) members to the Amargosa Valley Library Board due to two (2) terms expiring December 2014.
Commissioner Wichman
made a motion to appoint Anne Rose and Andrea Lynn-Henry and have staff thank the other applicants on behalf of the Board of County Commissioners, to terms expiring December, 2018; seconded by Commissioner Carbone; 4 yeas. 30. For Possible Action Discussion and deliberation to appoint three (3) members to the Nye County Parks and Recreation Advisory Committee due to three (3) terms expiring December 2014.
Commissioner Wichman
asked that in the future in addition to the application process for appointments if it would be possible to have a line if they were a reapplying member asking how many meetings they attended or missed to give the Commissioners some sort of attendance record. Also, if there had not been any activity on a committee since the funding was withdrawn, Commissioner Wichman wondered why there was a committee and asked the District Attorney’s Office to look at that.
Commissioner Wichman
made a motion to appoint David Harris, Richard Glasgow, and Phyllis Sorhouet; seconded by Commissioner Carbone; 4 yeas. 31. For Possible Action Discussion and deliberation to appoint two (2) members to the Belmont Town Advisory Board due to two (2) terms expiring December 2014.
Commissioner Wichman
made a motion to reappoint Dana Holbrook and appoint Diana Hamblin-Jeppsen to terms expiring in December, 2017; seconded by Commissioner Carbone; 4 yeas. 32. For Possible Action Discussion and deliberation to appoint three (3) members to the Railroad Valley Advisory Board due to three (3) terms expiring December 2014.
Commissioner Wichman
made a motion to appoint Patricia Knight and Dorothy Bloom to terms expiring December, 2016; 4 yeas. 33. For Possible Action Discussion and deliberation to appoint two(2) members to the Beatty Library District due to two (2) terms expiring December 2014.
Commissioner Wichman
made a motion to appoint Gerald Martin and Nicole Altman; seconded by Commissioner Cox; 4 yeas. December 16, 2014 31. For Possible Action Discussion and deliberation to appoint two (2) members to the Belmont Town Advisory Board due to two (2) terms expiring December 2014.-Reconsidered. Sam Merlino advised the term was a two year term and it should have read 2016.
Commissioner Wichman
made a motion to reconsider item 31; seconded by
Commissioner Carbone
; 4 yeas.
Commissioner Wichman
made a motion to appoint Dana Holbrook and Diana Hamblin Jeppsen to a term expiring December, 2016; seconded by Commissioner Carbone; 4 yeas. 33. For Possible Action Discussion and deliberation to appoint two(2) members to the Beatty Library District due to two (2) terms expiring December 2014- Reconsidered.
Commissioner Wichman
made a motion to reconsider item 33; seconded by
Commissioner Carbone
; 4 yeas.
Commissioner Wichman
amended her motion to add the term expiring December, 2018; seconded by Commissioner Catbone; 4 yeas. TREASURER 36. Treasurer’s Report The report was in the back-up. COUNTY MANAGER 38. Ongoing Project Report Regarding the affordable health care, Commissioner Carbone noted there were three staff members and initially there were funds that came to support those. Pam Webster explained a grant was available and applied for, but it was not awarded to the County. Independently of that the County sent people to school to learn how to enroll people and they were working on enrolling their clients only. The service was not open to the public.
Commissioner Cox
asked for the status of the audit on the Public Administrator’s Office. Pam Webster advised the County had not performed an audit because that office was not part of the County’s financial statement. She would bring back an agenda item for the Commissioners to either demand the office conduct an audit or determine if the County would pay for one once a quote was received from Dan McArthur. December 16, 2014 39. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment within the confines of the Amargosa Valley Groundwater Basin for the Fiscal Year 201 5-2016. John Bosta noted in the past the State Engineer’s bill went to the water right holder because the majority of the water rights in Amargosa Valley were held by agricultural.
Commissioner Wichman
said that was where it went, but a resolution had to be done every year stating the County would levy it on the tax structure and it was on the tax bill.
Mr. Bosta
asked if the tax would be put on the tax bill of the water right owner and not on every parcel. Commissioner Wichman said yes.
Commissioner Wichman
made a motion to adopt Resolution No. 2014-50; seconded by
Commissioner Cox
; 4 yeas. 40. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment within the confines of the Duckwater Creek Groundwater Basin for Fiscal Year 2015-2016.
Commissioner Wichman
made a motion to adopt Resolution No. 2014-49; seconded by
Commissioner Cox
; 4 yeas. 41. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with the Friends of the Belmont Courthouse to establish cooperative activities between the two parties. This item was removed from the agenda. 42. Presentation by Nevada Rural Housing Authority for a proposed senior independent living project. Eddie Hult, Director of Real Estate for the Nevada Rural Housing Authority, advised their housing study revealed about 1,800 homes were needed in ten counties with Tonopah needing approximately 90 homes built in the next four years. They had talked to the Town of Tonopah about a piece of property next to the school to develop gap work force housing, but before they could do that they needed to relieve the overburden of housing in the area. Mr. Hult spoke to a representative of the hospital about building 40 units of average-to-low senior income housing on five acres near the hospital. He described the type of pods that would be built, the amenities they would include, and the financing they would pursue. He said he just wanted to explain to the Commissioners what they were doing in Tonopah and hoped that the next agenda item was approved. 43. For Possible Action Discussion and deliberation regarding a resolution to transfer Nye County Property to a political subdivision.
Commissioner Carbone
noted the property was part of the hospital and was worth money. He asked if it would be leased or sold to this project. December 16, 2014 43. For Possible Action Discussion and deliberation regarding a resolution to transfer Nye County Property to a political subdivision.-Cont’d.
Commissioner Schinhofen
said the item stated transfer to a political subdivision. Brian Kunzi explained the political subdivision was the Rural Housing Authority, a subdivision of the State, and it was his understanding that this was intended to be a transfer from Nye County to the Housing Authority as happened with other political subdivisions for them to perform work for a public benefit.
Commissioner Wichman
asked if there was a reversionary clause so if it did not happen it came back to the County. Lorina Dellinger stated there had not been a deed drafted because the lease with Prime Care needed to be amended to remove the solar panel portion of that parcel.
Mr. Kunzi
said in order to transfer the resolution was needed as well as a parcel split.
Commissioner Schinhofen
asked if this would come back to the Commissioners in final form if they voted yes on it today. Pam Webster said today Rural Housing was looking for a commitment for availability of the land so they could move forward to secure the loan and that was what the action today would be.
Commissioner Carbone
said he had a problem deeding over a $300,000.00 piece of property without getting something and asked what the benefit to the community would be. Eddie Hult explained the benefit was taxes from the rental property, the relief of the overburdened housing in Tonopah, and since Rural Housing was building it they would be handcuffed to it for 15 or 20 years as the rental master so it would not go to private citizens and they were on the hook for it if it failed.
Mr. Kunzi
pointed out that the resolution provided if it was not used for a public purpose it reverted back to the County.
Commissioner Wichman
made a motion to adopt Resolution No. 2014-52; seconded by
Commissioner Carbone
. Responding to questions from Commissioner Cox, Mr. Hult explained the tent was based on income per standards set by USDA or HUD. Regarding profit, Rural Housing owned it and ran it as a break even proposition for five years. After it was proven they took a small management fee, but the tent would not rise until the operating costs forced the increase. After the operating costs were covered, everything else went into equity and they did not take a profit on it.
Commissioner Carbone
noted the resolution talked about the property described would be transferred to the Town of Tonopah and he thought it was going to an authority. December 16, 2014 43. For Possible Action Discussion and deliberation regarding a resolution to transfer Nye CountY Property to a political subdivision.-Cont’d.
Mrs. Dellinger
said it would be the political subdivision of NRHA and that was a misprint. Joni Eastley, Assistant County Administrator, explained the County had to get the property back from the non-profit to Nye County and then transfer it to the Nevada Rural Housing Authority.
Commissioner Wichman
said her motion stood with correction of that one typo;
Commissioner Carbone
amended his second; 4 yeas. 44. For Possible Action Discussion and deliberation to enter into an Option to Lease and Lease Agreement with American Capital Energy, Inc. for a portion of property located at the Tonopah Airport for solar energy purposes. This item was removed from the agenda. 45. For Possible Action Discussion and deliberation regarding the appointment of a County Health Officer pursuant to NRS 439.290.
Commissioner Carbone
made a motion to reinstate Maureen Budahi; seconded by
Commissioner Wichman
; 4 yeas. NUCLEAR WASTE REPOSITORY PROJECT OFFICE!NATURAL RESOURCES Cont’d. 48. For Possible Action Discussion and deliberation to submit the Certification of Expenditure of Funds under Public Law 111-85 of 2011.
Commissioner Wichman
made a motion to approve; seconded by Commissioner Carbone; 4 yeas. PUBLIC PETITIONER 54. For Possible Action Discussion and deliberation regarding Nye County Proclamation No. 2014-09: A Proclamation Recognizing January 2015 as Radon Action Month.
Commissioner Wichman
made a motion to approve Nye County Proclamation No. 20 14-09; seconded by Commissioner Carbone.
Commissioner Cox
expressed concern about things like this sounding very innocent and not costing anything in the future but a lot of times they opened the door for something to come creeping in a year or two down the toad.
Commissioner Wichman
stated all this meant was the Board proclaimed January, 2015 as radon action month. December 16, 2014 54. For Possible Action Discussion and deliberation regarding Nye County Proclamation No. 2014-09: A Proclamation Recognizing January 2015 as Radon Action Month.-Cont’d.
Commissioner Carbone
clarified this was being moved to the January meeting to make sure all space in the courthouse was being maximized. FINANCE 46. Financial Reports Amy Fanning said the consolidated tax was what had been received so far. Carrying that out showed it was $1 million short and the personal property taxes were going to be short also.
Commissioner Schinhofen
asked who provided the personal property tax information. Pam Webster said it was the Department of Taxation based on the Assessor’s information. She further explained she had looked at the last three years of consolidated tax and the County was right at the same place where it would expect to be. If that held true, what they thought was going to be generated would not be. She would not have December information until April, which was a bit late, and would look at it real strongly in January.
Commissioner Carbone
noted the personal property tax had never been as high as what was quoted. Mrs. Fanning advised she was communicating with the Assessor’s Office on that.
Commissioner Wichman
asked if there was possibly an error in the numbers and, if so, if it was an error in what was reported to the State or an error in what was being billed.
Mrs. Webster
thought the sales tax was based on previous levels with a projection of continued growth that maybe had not happened as the mining industry had not continued to make the capital expenditures they were. She did not know if there was a problem with the real property tax yet as she did not know how that process worked and would have to follow it back to the source.
Mrs. Fanning
advised that everything in red on the expense report she had been in contact with the departments on.
56. GENERAL PUBLIC COMMENT (second)
Sheriff DeMeo
thanked the citizens of Nye County for allowing him to serve as the Sheriff for last twelve years. December 16, 2014 Cindy Kaminski described an incident when she could not contact her mother in Chicago by phone. She learned that her mother had changed to an internet phone system because it was cheaper. After the third time she was unable to contact her mother she changed it back. On December 12, 2014, the County’s dispatch phone system and radio system went down at 1350 hours with no answer to a direct call to dispatch in Pahrump, and no answer on 911 either until a recording came on saying the number was not accepting calls. Mrs. Kaminski pointed out the phones and radios were on the internet and the internet was down. She asked who decided to go with that system and reminded the Commissioners there was more than one town in the County and everyone paid taxes. She asked when they would stop playing Russian roulette with the lives of citizens, visitors, etc., in Nye County. Pam Webster stated there would be an item on the January 5, 2015, agenda to discuss the issues.
58. ADJOURN
Commissioner Schinhofen
adjourned the meeting. APPROVED this ATTEST: Of ,2015. I (J Ny County Clerk I Deputy