May 18, 2015

Commissioner Schinhofen

was present by phone.

Mrs. Webster

stated they could pull items 6 and 22 through 25 from the agenda.

Commissioner Wichman

stated on the April 7 minutes she needed to be changed to Chair instead of Vice-chair.

Commissioner Carbone

made a motion to approve with the correction; seconded by

Commissioner Cox

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

stated he was in South Carolina attending an ECA Conference. He commented on Yucca Mountain

Commissioner Cox

stated there would be a CIP meeting on Thursday at 2:00 p.m. and an Animal Advisory Board meeting at 6:00 p.m. in the EMS building.

Commissioner Borasky

stated there is a monthly Community Outreach meeting and he challenged the three other Pahrump Commissioners to attend and see what was going on in the community. He also mentioned the 4t[i of July parade.

Commissioner Cox

stated there was no Treasurer’s report on line. Commissioner Carbone added that they used to be on the Treasurer’s site.

Commissioner Schinhofen

commended Commissioner Borasky for his work with the Community Outreach group. May 18, 2015 TIMED ITEMS

Commissioner Schinhofen

stated he didn’t have any issues. They talked with the Sheriff and Fire and urged the Board to pass it.

Commissioner Borasky

stated the money generated would be about $10,000.00 per operation and that goes directly to the Town of Pahrump. He encouraged them to put the money go toward the fairgrounds.

Commissioner Carbone

stated there were 17 activities that would happen within a year. He stated he hoped they would not be restricted to just one spot, the fairgrounds.

Commissioner Schinhofen

stated the ordinance stated it had to be a designated site.

Commissioner Carbone

said he could see these going on until midnight and if he lived out in that area it would be something to think about. Commissioner Schinhofen stated it would only be holiday weekends and it would actually generate revenue.

Commissioner Carbone

stated he was still concerned that the two fireworks representatives did not speak with the individual who had questions as he asked. Dan Simmons, Pahrump, stated he did not represent the fireworks industry but Doug Burda was present. He stated the fireworks association was making great strides in changing formulations. Dave Caudle, Pahrump, stated Disneyland fireworks were completely different than Chinese fireworks. They had no idea what was in these fireworks and he urged the Board not to approve this. May 18, 2015 15. For Possible Action Discussion and deliberation regarding declaring a Fireworks Safety Site within the Town of Pahrump; approval of a Fireworks Safety Site Management Agreement; and establish a Fireworks Safety Site Pass fee. — Cont’d Douglas Burda, Red Apple Fireworks, stated his general position was that all of the fireworks at dealers’ stores in Pahrump were heavily regulated by the US Government. He discussed the testing and random inspections. Richard Goldstein, Pahrump, stated his only concern was fire safety.

Commissioner Schinhofen

stated there would be water on site.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Cox

stated she was concerned that some of the approved changes had not been made and clarified that the changes had been made to the ordinance. She stated they may need to change the ordinance to allow other shooter sites.

Mrs. Webster

stated this agreement designated the Pahrump Fairgrounds.

Commissioner Carbone

stated he still wanted a chemical analysis.

Commissioner Borasky

made a motion to approve as part of the consent agenda; seconded by Commissioner Carbone; 4 yeas. Commissioner Schinhofen was not present. May 18, 2015

Commissioner Borasky

made a motion to approve as part of the consent agenda; seconded by Commissioner Carbone; 4 yeas. Commissioner Schinhofen was not present.

Commissioner Borasky

made a motion to approve as part of the consent agenda; seconded by Commissioner Carbone; 4 yeas. Commissioner Schinhofen was not present.

Commissioner Borasky

made a motion to approve as part of the consent agenda; seconded by Commissioner Carbone; 4 yeas. Commissioner Schinhofen was not present.

Commissioner Borasky

made a motion to approve as part of the consent agenda; seconded by Commissioner Carbone; 4 yeas. Commissioner Schinhofen was not present. May 18, 2015

Commissioner Wichman

stated she would like to know where the match was coming from and if it was budgeted. Paula Cooper, Nye County Sheriff’s Office, stated the match was out of salaries and the additional part was in the current budget. Mrs. Webster stated the $16,400.00 would be spread over four years. Ms. Cooper stated it may have to be paid all at once.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. Commissioner Schinhofen was not present. BOARD OF COMMISSIONERS 22. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 23. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 24. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 25. For Possible Action Discussion and deliberation for the County to construct a diversion channel and detention basin southeast of APN 045-452-05 to alleviate flooding on this parcel during heavy rains. This item was removed from the agenda. May 18, 2015 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 14. Presentation and updates regarding the Pahrump Tourism Advisory Comm iftee. James Horton, Jack Sanders and Arlette Ledbetter were present from the Pahrump Tourism Advisory Committee. Mr. Sanders, member, spoke about room tax and other revenues. He stated their focus was on overnight stays. Mr. Horton, Chairman, represented the RV Parks. He spoke about trying to get Pahrump recognition as a destination option and working toward a common goal. Ms. Ledbeffer, Tourism Director, talked about developing a citywide reporting structure and a group development strategy. They would like to increase room occupancy by 25% SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 11. 11:00 For Possible Action The following items are for clarification of prior — — decisions made by the Board of County Commissioners on December 16, 2014: a. For Possible Action MP-14-0004: 1) Clarification of Action by the Board of County Commissioners and reconsideration, if necessary, on a (Major) Master Plan Amendment application to change 55-acres from the Mixed Use and Low Density Residential land use designations to the General Commercial (Community Development Area CDA in the 2014 Master Plan Update) 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; and 2) — — Conforming of all relevant documents to the Board of County Commissioner’s actions. May 18, 2015 b. For Possible Action ZC-14-0008: I) Clarification of Action by the Board of County Commissioners and reconsideration, if necessary, on 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; and 2) — — Conforming of all relevant documents to the Board of County Commissioner’s actions. Steve Osborne, Planning, reviewed the mailer. He stated there was a master plan approval for 17 acres of the 55 acres. The applicant thought it was 55 acres.

Commissioner Carbone

stated his motion was specific to only the 17 acres which was in the final action memorandum. Commissioner Cox stated it was also the intent of her second. Commissioners Wichman, Schinhofen and Borasky all agreed that is how they understood the motion. Tim Sutton, Deputy District attorney, stated there was no further reconsideration necessary. Doug Malan wanted to state his position for the record. He stated they looked at this and it was even inaccurate as far as the description and it was a comedy of errors how the staff has handled it.

Commissioner Wichman

stated they could not re-argue the mailer but only ratify the decision already made. Mr. Sutton stated this item did not preclude the applicant from making statements for the record. Once this was done it would trigger the applicant’s appeal rights. PUBLIC PETITIONER

Commissioner Borasky

asked the County Manager to draw up a letter of support. May 18, 2015 TIMED ITEMS 10. 10:45 For Possible Action Public Hearing, discussion, and deliberation to — — issue an Outdoor Festival License to Pahrump Valley Chamber of Commerce for their Pahrump Liberty Festival to be held on July 3-5, 2015 at Petrack Park located at 150 Highway 160. Pahrump, Nevada.

Commissioner Wichman

opened the public hearing. Sally Kerr was present from the Pahrump Valley Chamber of Commerce.

Commissioner Wichman

closed the public hearing.

Commissioner Carbone

made a motion to issue the outdoor festival license; seconded by Commissioner Borasky; 5 yeas. 12. 11:00 For Possible Action Review, discussion, and deliberation relating to — — the existing Development Agreement between Corrections Corporation of America CCCA) and Nye County, for a private detention facility located at 2190 E. Mesquite Avenue, Pahrump, and more particularly described as County Assessor’s Parcel Number 27-421-17. CCA Western Properties, Inc. Property — Owner. Steve Osborne, Planning, stated CCA was in compliance except a follow up with the invoice.

Commissioner Borasky

asked if the development agreement expired. Mr. Osborne stated it was due to expire in 2029. Commissioner Carbone asked about plans for a build out. Mr. Osborne stated they had 1500 beds on an average monthly basis and at this time there were no plans for additional construction. They would come back to request it. Tim Sutton, Deputy District Attorney, stated there was a requirement to review the development agreement every 24 months and determine compliance and good faith.

Commissioner Schinhofen

stated $25,000 was still owed but the County didn’t bill them as an oversight. He stated they have followed all of the requirements and created 212 jobs for the people who live in Nye County. They have been great community partners and he was happy it has worked out for the community.

Commissioner Schinhofen

made a motion to find that CCA has been in compliance and acted in good faith; seconded by Commissioner Borasky; 5 yeas.

Commissioner Cox

stated their presence has depreciated property values in that area. Also, they have lost all hope of making that a residential area. She stated they did not buy everything they said they would from the community and spent a lot of money May 18, 2015 12. 11:00— For Possible Action Review, discussion, and deliberation relating to the existing Development Agreement between Corrections Corporation of America (CCA) and Nye County, for a private detention facility located at 2190 E. Mesquite Avenue, Pahrump, and more particularly described as County Assessor’s Parcel Number 27421-17. CCA Western Properties, Inc. Property — Owner.- Cont’d outside of the county. Mrs. Cox stated she would like to see a full report of any incidents such as fights, complaints or medical issues.

Commissioner Wichman

stated it was her understanding that this item was just to make sure they were in compliance with the development agreement.

Commissioner Cox

stated she would just like to see them come back and make a report. Natasha Metcalf, CCA, stated they had been in compliance with the development agreement and came prepared to make a payment today on the invoice. She stated they also submit quarterly reports and are pleased to be a good community partner.

Commissioner Wichman

asked about procurement in Pahrump. Ms. Metcalf explained that they do have national contracts but there are items they can procure locally.

Commissioner Cox

stated she sent in some questions over six months ago and didn’t get any answers. She would like to set up a meeting to get some answers. Ms. Metcalf stated they do have quarterly community relations and have certified in their quarterly report that they have not exceeded the population.

Commissioner Wichman

encouraged the Board to send a letter of support for S.B. 81.

Commissioner Schinhofen

stated originally he did not support this bill but there were some areas they really needed and he was supporting it. John Bosta, Amargosa Valley, stated this was a bad bill. He said the State Engineer would be able to charge any fee to buy back water tights that have never been May 18, 2015 27. For Possible Action Discussion and deliberation regarding formal support of legislative bills. Cont’d perfected. This would be giving him control over the wells in the valley. This would not protect domestic wells. Greg Dann, Pahrump, concurred with John Bosta that S.B. 81 was not good for the valley. It would circumvent beneficial use clauses mentioned in 533 and 534. He added that to make water rights exempt was wrong. Dan Harris, Pahrump, presented a petition in support of S.B. 81. The petition was signed by all three utility companies. He read a brief summary into the record. He said those who signed the petition were the major water rights owners in Pahrump Basin 162 and they urged the Commissioners to support S.B. 81. If they support it they will start saving water immediately. Tim Hafen, Pahrump, stated there are 60,000 acre feet of appropriated water and 11,000 domestic wells and potential for more. He said the State Engineer was not going to charge to buy back water rights. He had a document from the Division of Water Resources effective in 2009. The Pahrump dedication requirements agreed upon by the utility companies and the Division of Water Resources were set up by lot size. Mr. Hafen discussed the water usage in Artesia and stated the three utility companies have been and are still taking a serious haircut. He suggested the Board approve the passage of the bill.

Commissioner Schinhofen

asked Dan Harris to explain the priority date was.

Mr. Hafen

explained first in time and first in right. He stated that the oldest permits would be the last to shut down. He stated the water belonged to the public in the State of Nevada. Not supporting S.B. 81 would be detrimental to domestic well owners as they would be the first affected. Dwight Lilly stated he disagreed with Mr. Hafen’s interpretation. They have a water district right now and a plan so they can cut back and preserve water. Mr. Lilly stated the citizens could take care of their own problems. He agreed they needed language to quit dumping water on the ground. He gave an example of a water rights issue and stated the money needed to be spent on charity, not on water rights. He urged the Board not to support this. Dave Caudle, Pahrump, stated he had a public notice from the State Engineer allowing water to be removed from the valley floor up to the valley fans. If they started pumping really heavy in the fans it was going to dry up the valley up anyway.

Mr. Bosta

commented on the first in use was for people on a stream and it did not apply to ground water. He discussed the priority date. He stated there would be a trial next Wednesday on these issues and he beseeched this board to take no action until after May 18, 2015 27. For Possible Action Discussion and deliberation regarding formal support of legislative bills. Cont’d that trial. He mentioned Moser v. Caldwell and reviewed the 1913 Water Act which was rewritten in 1915. Amy Nelson, Pahrump, stated she didn’t know much about what was going on but wondered why the utilities owners would back SB. 81.

Mr. Hafen

stated Moser v. Caldwell was from 1872. He also stated the State Engineer controlled underground water.

Commissioner Cox

stated it was unfair to say 71% of people support bill. She stated she didn’t feel they could trust the State Water Engineer and had to support those people who came in to comment on this today. This was disturbing the rural lifestyle.

Commissioner Carbone

thanked the individuals who came to speak. He stated he had issues with the bill. It could have been reworded to serve everyone all the way around. Some things can be used and are helpful but he couldn’t support it as written.

Commissioner Borasky

asked what is S.B. 81 was going to do for over appropriation in the valley. He did not support the bill.

Commissioner Wichman

stated she was not personally involved in a domestic well in this valley. She said the State Engineer had two tools; priority date or curtailment. She referred to Moser v. Caldwell and stated beneficial use would be fixed by S.B. 81. Pahrump and Amargosa Valley already pay fees so the state engineer already does charge but this just allows him to spend it elsewhere. She stated if S.B. 81 did not go through they were looking at two years before it could be presented again.

Commissioner Schinhofen

stated his biggest concern was if it stays and we are put in a critical basin what business would want to come here. The priority date was an important issue. He stated they should take advice from Dan Harris and Tim Hafen as they had been doing this for a long time. Amy Nelson, Pahrump, addressed concerns about limiting future use for her property if it goes to her son.

Commissioner Schinhofen

made a motion to support S.B. 81. The motion died for lack of a second. May 18, 2015 26. For Possible Action Discussion and deliberation to ratify the approval given by Commissioner Wichman for the Round Mountain Gold Corporation’s Community involvement team to secure and place playground equipment on the County owned Carver’s playground to be used by the residents and visitors to Carver’s.

Commissioner Carbone

made a motion to ratify; seconded by Commissioner Cox; 5 yeas. TIMED ITEMS 8. 1 0:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject the Final Budget for Fiscal Year 201 5-1 6.

Commissioner Wichman

opened the public hearing. Haley Duncan commented on the value of the 4H Program. She read some letters into the record from parents of 4H members. Gary Wilson, retired chief electrical inspector, stated he and his wife were currently raising their 12 year old grandson. He stated his grandson needed a means of social fellowship such as 4H. He made a plea on behalf of the youngsters, parents and volunteers associated with 4H to fund the program. Richard Goldstein, Pahrump, stated he looked over budget pretty closely. He commended the Sheriff’s Department for making cuts. He discussed supplies and services, cuts to Veteran’s Services and other recommended cuts. He stated they should not consider cutting Veteran’s Services and public safety should be their number one priority. Adrian Espinoza was opposed to cutting cooperative extension. Dwight Lilly, Pahrump, stated the concern he had was the revenue. He stated it had to be really stressful for the workers not knowing if they would be working from one day to the next. He hoped they could go into this budget with firmer figures. He was also a big supporter of public safety. Miss Adduchio commented on Cooperative Extension and 4H. She discussed her experience in 4H and how it changed her life. Amy Nelson, Pahrump, stated personal experience in 4H was beneficial. Frank Rucker was present on behalf of cooperative extension master gardener program and spoke in favor of the program. May 18, 2015 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject the Final Budget for Fiscal Year 2015-16. — Cont’d Penny Angell was present on behalf of Cooperative Extension 4H. She commented on the different things her daughter learned while in the program. Steve Richardson, President of the Pahrump Master Garden Society, discussed the program and the importance of keeping Cooperative Extension open. Yvonne Smith, leader for 4H, stated she would like to see it stay together.

Commissioner Wichman

closed the public hearing.

Mrs. Webster

gave a presentation on the budget. She stated the $30,846 did not include the results of the audit by the Department of Taxation. The 3.9 million for Round Mountain Gold payment has now been appealed by Round Mountain Gold and the process could take a year. Secondly, she stated they did not have a services contract in hand from the Sheriff’s Office so that revenue was not included. The $30,846 reflected the reductions made at the last meeting. She also commented on the declining state of ad valorem and PILl which was not guaranteed.

Commissioner Schinhofen

stated today they had to go on what was in front of them.

Commissioner Wichman

was concerned about including net proceeds. Mrs. Webster stated it could be gone as well as PILl. There was also a question on how they would handle the tax rate for museums.

Mrs. Webster

reviewed services and supplies. She stated they would look at public defender contracts and other areas.

Commissioner Schinhofen

stated at this point the best bet was to make the recommended cuts.

Commissioner Schinhofen

made a motion to direct staff to work on this to come up with a balanced budget with a combination of a 4.62% budget reduction or other savings potentials and schedule a special meeting before June 1; seconded by Commissioner Carbone; 5 yeas.

Mrs. Webster

stated they would schedule the special meeting for Friday, May at 9:00 a.m. May 18, 2015 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS 13. For Possible Action General road report by Public Works Director Dave Fanning, Public Works, stated they only thing he wanted to bring to their attention was the work on Calvada. They anticipated ending the County work by Friday and the contractor would start next week, It was expected to take 4 to 5 weeks to complete.

Commissioner Cox

stated there was a pothole on Lost Creek and now there were 3 or 4 more between the address of 1530 to 1561 the road is getting eaten up really badly. She stated the other pothole was off the corner of Falcon and Unicorn. There was another on Moose and Yucca Terras.

Commissioner Carbone

stated thanked everyone for putting out the plan to everyone going off 160. He stated a lot of the things he has turned in on line are getting done. He stated some of the problems were that culverts and bar ditches weren’t deep enough.

Mr. Fanning

discussed the issue.

Commissioner Cox

stated she emailed Mr. Fanning that morning about a problem on Loreli Street. Mr. Fanning stated they were looking at it. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TREASURER 2$. Treasurer’s Report This was for information only. Commissioner Carbone stated he would like to see the Treasurer present to go through the report next time. COUNTY MANAGER 29. Ongoing Project Report The report was in the backup. 30. Northern Nye County Hospital District Update

Mrs. Webster

stated they did get the pro forma out to all the affected entities to incorporate and have available for their budget hearings. They needed to incorporate this into the Nye County budget, Manhattan budget and Gabbs budget as well. At the May 2gth meeting they will set up the hospital district and have a budget prepared. May 18, 2015 HIR AND RISK MANAGEMENT 31. For Possible Action Discussion and deliberation concerning a request to adopt, amend and adopt, or reject a Resolution authorizing the Nye County Human Resource Manager to establish a checking account through Nevada State Bank.

Commissioner Carbone

made a motion to adopt; seconded by Commissioner Borasky; 5 yeas. PLANNINGIBUILDING 32. For Possible Action — a. FM-2015-000002: Discussion and deliberation on a request for approval of an application for a final subdivision map for Planning Area 3-3A Unit 2, Villa Serena Unit 2 Subdivision, consisting of fifty-three residential lots, located within the Mountain Falls Master Planned Community, Section 4, Township 21 South, Range 54 East. William Lyon Homes, Inc. Property Owner/Applicant. Taney Engineering Agent. AP# 046-081 -01. b. lA-201 5-000001: Discussion and deliberation on a request for approval of an application for a Subdivision Improvement, Maintenance and Warranty Agreement for Planning Area 3-3A Unit 2, Villa Serena Unit 2 Subdivision, consisting of fifty-three residential lots, located within the Mountain Falls Master Planned Community, Section 4, Township 21 South, Range 54 East. William Lyon Homes, Inc. Property Owner/Applicant. Taney Engineering Agent. AP# 046- 081-01.

Commissioner Carbone

made a motion to approve Final Subdivision Map No. FM-2015- 000002 and Subdivision Improvement, Maintenance and Warranty Agreement No. IA- 2015-000001 and to validate the bond and get the bond into the bond tracker; seconded by Commissioner Borasky; 5 yeas. PUBLIC WORKS 33. For Possible Action Discussion and deliberation to enter into a new Memorandum of Understanding (MOU) with Eureka County b provide snow removal_and_minimal maintenance on approximately twenty miles of roads running into Nye County from Eureka County for a period of five years beginning July 1, 2015 and extending to July 1, 2020.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox; 5 yeas. May 18, 2015 PUBLIC PETITIONER

Commissioner Schinhofen

made a motion to appoint Chad Goins. The motion died for lack of a second.

Commissioner Cox

made a motion to appoint Kenny Bent; seconded by Commissioner Carbone. The motion did not pass. Commissioners Cox and Carbone voted yes and Commissioners Borasky and Wichman voted no. Commissioner Schinhofen was not present.

Commissioner Carbone

made a motion to appoint Ken Searles. The motion died for lack of a second.

Commissioner Carbone

made a motion to appoint Dennis Caddy; seconded by

Commissioner Cox

; 3 yeas. Commissioner Borasky voted no and Commissioner Schinhofen was not present.

Commissioner Carbone

commented on the Relay for Life over the weekend and stated there were a lot of donations. He reminded everyone on Thursday at the Bob Ruud Community Center the Veteran’s Memorial Committee will meet in Room A.