January 19, 2016

Commissioner Wichman

stated she had received an e-mail from the chairman of the Pahrump Public Lands Advisory Committee asking to remove item 25 as the presentation in the back-up was not the presentation given to the committee.

Mrs. Webster

explained she received a request to pull it on the basis of an Open Meeting Law (CML) violation, but it was not an OML violation so she did not pull it. If the petitioner wanted it pulled it could be, but Mrs. Webster believed the petitioner wanted it heard. Angela Bello understood there were three pages of comments in the back-up that were not in the original presentation and it was agreed that those would not be presented to the Commissioners today. Linda Hatley explained when their committee agreed in November to have this shown to the Commissioners they asked her to look into a few more things so she added that information to the presentation. They did not have a January meeting because of questions regarding the terms of a couple of members so she was not able to present that additional information to the committee. January 19, 2016

Commissioner Carbone

said he would let it be heard.

Ms. Belonga

advised the Extension program had been busy providing health and nutrition programming to the pre-school population and had also delivered 4-H science in the classroom in the elementary school in Tonopah. Ms. Belonga also delivered two professional development workshops to local teachers. Additionally, they had the ongoing MAGIC program and positive actions that reached about 50 youth in Tonopah.

Ms. Schilling

said she was glad to be able to help provide kids with the opportunities and life skills the 4-H program had to offer. Chris Sanders requested the removal of item 12 from the agenda as the back-up was changed on January 14, 2016, after the deadline for the agenda items to be posted for the public. Additionally, the OML required that discussion at a public meeting could not exceed the scope of a clearly and completely stated agenda topic. He felt when portions of law were described that were not included on the agenda they were outside topic. Maria Zlotek advised that under the CML back-up was not required to ever be submitted and the posting and verbiage of item 12 was in compliance with the law. Robert Wannberg asked if the supplement and back-up on item 12 was not part of the agenda item. January 19, 2016 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. Angela Bello stated for purposes of the CML the agenda item itself as listed on the agenda needed to comply.

Mr. Wannberg

then proposed having a discussion to produce an animal abuse conviction registry that would mandate that persons convicted of animal cruelty or torture be registered and not have any animals for a specific period of time. He said this kind of ordinance existed in numerous counties.

Commissioner Carbone

asked Mr. Wannberg to provide that information to the Commissioners. Ray Mielzynski expressed his displeasure with guns not being allowed in the courthouse and felt the courthouse would be safer if people were allowed to open carry. Regarding the CUP that the RPC passed, Dave Caudle advised the Water Board heard it back in December and asked for more time to be able to research it before it went to the RPC. Instead it was put on the RPC agenda and they passed it. Mr. Caudle urged the County Commissioners to place the decision on the next meeting agenda and examine the consequences of having more of these basins in the valley. He pointed out that once the groundwater was contaminated it could not be reversed. Scoff Culshaw addressed the issues with water usage. He described a California ordinance that now mandated all cities, towns and counties implement water conservation laws. He said other things that could be done to reach that goal was to reclaim and reuse the water or design homes that were not only energy efficient but water efficient as well Tina Trenner described the difficulties she had encountered trying to open a store to raise money for the veterans in Pahrump. She found three different locations and the Planning Department advised her on each one that she would have to put in a 10,000 square foot parking lot for dust control before she could open anything.

Commissioner Carbone

said he would talk to Ms. Trenner off line about it. Herman Lewis advised Dwight Lilly had a radio show three evenings a week that addressed a lot of hot topics. Regarding the Wayne Hage reversal in the Ninth District Court, Mr. Lewis said it was devastating and while he hoped he was wrong he did not think the United States Supreme Court would take it. Mr. Lewis had e-mailed the Commissioners and would also e-mail the District Attorney as he thought this needed to be kept on the radar. January 19, 2016 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. Daniel Burejsza stated Commissioner Schinhofen told an individual at the beginning of a previous meeting that a future Board of County Commissioners could undo or modify anything that this Board did, but then said later in the same meeting he was obligated to uphold decisions made by a previous Board. Mr. Burejsza found that kind of confusing. Additionally, Commissioner Schinhofen had said that the building permits had to be honored because developers had to go through a process of getting financing. Mr. Burejsza did not think the taxpayers were very concerned if a wealthy person could come up with financing to be wealthier. He said the taxpayers paid the wages of the County Commissioners to look at their interests, not the interests of developers or utilities. Diane Southworth said on January 21, 2016, at the Bob Ruud Center the Nye County Democratic Party would have a forum with all four Democratic congressional candidates. Charles Plinske said he was the gentleman involved in the officer-involved shooting on October 18, 2014, and his attorney Nathan Gent had put in the paper that Mr. Plinske was incompetent and had to go to Lakes Crossing for evaluation. Mr. Plinske stated he received three evaluations with no confirmed diagnosis because no State’s evidence would be brought against him. He wondered if anyone had looked at this case for dismissal. Joe Markley spoke on the RIBs proposal (see statement attached). He thought 500,000 to a million gallons of sewage a day should be put into a circle irrigation system the same way they did in Muskegon, Michigan. Linda Hatley let everyone know if they would like to hear a presentation on the proposed bridle paths that she would provide one at the RTC tomorrow morning. Trinity Pharris spoke about the water recommendation and mentioned a California case regarding numerous sanitary sewer overflows within an eleven month period. She said that could not be allowed in this community as it would be devastating. Robert Wannberg thanked Sheriff Wehrly for her support of their neighborhood watch program.

Commissioner Schinhofen

was not present. January 19, 2016

Commissioner Cox

said on page 3 in the last paragraph the name Chris Jones should be Sam Jones.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Borasky

stated the Disabled American Veterans Chapter 15 of Pahrump, Nevada, met on the third Tuesday of each month at 5:30 p.m. at the Nye Communities Coalition building at 1020 East Wilson behind Wal-Mart. Also, there would be a groundbreaking ceremony for the Veterans Clinic on January 29, 2016, at 10:30 a.m. at 220 South Lola Lane. Finally, Commissioner Borasky advised the buses had arrived so Pahrump now had four buses.

Commissioner Cox

advised the Republican Women would have a Lincoln Day Dinner this Saturday evening at the Pahrump Nugget. Drinks would be at 6:00 p.m. and dinner at 7:00 p.m. Tickets were still available and people should contact her or her husband. They were $60.00 per person or a table for eight could be purchased at a discount. Also, there was a show on Channel 46 called “Nye County” and tonight they would be talking about the New World Order and Agenda 21 from 6:00 p.m. to 7:00 p.m. Sam Merlino said both she and her chief deputy would be in Reno the next three days for election meetings and training with the Secretary of State’s Office and she would share anything she learned. Jay Webb said on February 5-6, 12-13, and 19-20, 2016, the Shadow Mountain Community Players would hold a murder mystery comedy with audience interaction called “A Family Reunion To Die For” at the New Hope Fellowship building on West Street. Doors would open at 6:00 p.m. for dinner and the show would start at approximately 7:00 p.m. Katrine Romanoff, a member of the Republican Party, advised they had a group called Be Informed which would have a meeting on Saturday from 10:00 a.m. to 12:00 p.m. at the GOP office, 3370 South Highway 160. The discussion would be about the history January 19, 2016 of Islam and a video would be shown of William Federer and his book entitled ‘What Every American Should Know About The Koran.”

Commissioner Ccx

said she would like to see an agenda item concerning guns at the courthouse.

Commissioner Schinhofen

advised he had talked to some businesses regarding the Beaffy kids who together pledged the $1 3,000.00.

Commissioner Borasky

said he went to Las Vegas last week to look at the United States Veterans Building on Bonanza. He also wanted to go to the Veterans Village which had some interesting housing units which were basically cargo containers converted into small homes for veterans. Commissioner Borasky wanted to get that put in the Code so it would be allowed here.

Commissioner Borasky

noted that currently Joe Brown worked with a distributing company and he would like to have the name changed to Breakthru Beverage.

Commissioner Borasky

asked to have that on the next agenda. Regarding show cause hearings discussed with the District Attorney in 2014,

Commissioner Borasky

believed that was going to be looked at and brought up to snuff. Additionally, he asked Maria Ziotek to have Angela Bello read the front of the agenda where it talked about public comment because how he read it and what she stated earlier regarding allowing all public comment were two different animals because the Commissioners would have to sit here for an hour or two every meeting listening to public comment and it would get really long.

Commissioner Wichman

added to please remind Ms. Belie that the Attorney General’s Office helped with developing that language.

Commissioner Borasky

said he did not know if everyone received e-maiis from Quad State this morning but they were looking for support on a project going to NACO so he asked to have his name put on it only as he could not speak for the Board.

Commissioner Wichman

said they were also proposing federal language for a law change on the RS 2477 issue and Maria Ziotek’s edits were in that to develop a method for all of the states to satisfy the requirement for adjudication on an RS2477 claim. January 19, 2016 TIMED ITEMS

Commissioner Wichman

disclosed that her husband was under contract to the Water District, but this Board did not direct any of the contracts for the Water District. This Board was voting on a plan which her household would not benefit from. Commissioner Wichman pointed out that she was the only Commissioner that would not benefit from passage or denial of the plan so therefore she would vote. Darrell Lacy, Planning Director and General Manager of the Water District, explained the Groundwater Management Plan Advisory Committee had been working on this program to try to put together a draft groundwater management plan. Today’s discussion would be about how to move forward with the draft plan to get the final plan prepared for submittal. Mr. Lacy said the Groundwater Management Plan Advisory Committee and the governing board for the Water District were asking the Board to look at the proposals and recommendations, identify those that were realistic to do at this time, and give direction to staff on how to move forward to get the plan finalized.

Commissioner Schinhofen

made a motion to approve a plan to send back to the Water Board to include aggressive water education; adopt a water conservation plan; educate domestic well owners regarding the option to supplement their water usage; continue to look at rapid infiltration basins; create incentives to voluntarily connect to public water systems; investigate existing and future development agreements; implement changes with the goal to require water mitigation; fill out the charts; continue the water level measurement program; and evaluate redistribution of production well pumping. The things to send to the State would be metering of new domestic wells; limit new domestic January 19, 2016

Commissioner Borasky

stated he would only support four of the things in the motion. Daniel Burejsza felt the water plan was not about water conservation to satisfy the State Engineer due to the drop in water level, It was about taking water from domestic well owners to satisfy developers, water rights holders and utilities. The plan did nothing to solve the water problem and created more of a demand on the water supply and was a plan for special interests by special interests. Amy Nelson was concerned about any of this being passed until all of it was exactly what the people and the government of the State of Nevada were looking for. She also thought the members of the committee should be replaced with more people from the public. Sam Jones said domestic wells had nothing to do with water rights. He mentioned the contaminated water in Flint, Michigan and how the National Guard had to be called in. He felt Commissioner Wichman needed to recuse herself because her husband was part of the committee that wrote it and she commented at the last meeting that she proofread it so that was a conflict of interest. Mr. Jones said the Board just needed to vote no and let this thing dissolve.

Commissioner Wichman

referred back to her disclosure statement and advised that in order for there to be a conflict of interest according to her private attorney, the District Attorney and the Attorney General’s Office, her household had to benefit from the vote she made. She would not refrain from voting on this item as she was the only Commissioner that was not in Basin 162 and had no benefit from either way the vote went. Fred Holm talked about the effluent being put back into the groundwater. By statute any waters introduced back into the aquifer had to meet or exceed the water quality of the subject receiving aquifer. One could not degrade the waters of the State. Since that was a regulation or law, Mr. HoIm suggested the Board really think about it before pumping sewage. He also questioned what kind of testing would be done and when. Greg Dann stated he did initiate the five acre foot water allotment for all future wells in the community, but months later in public he rescinded that because when he got involved with this he was under the spirit of compromise. He thought there would be compromise with the other entities involved with this and there was not. The book was not fair and adequate to all people in the valley and it did not address the 60,000 acre feet of water rights. The State Engineer would not like it and Mr. Dann did not agree January 19, 2016 54. For Possible Action Presentation, discussion and deliberation regarding Draft 6 for Stage One of the Groundwater Management Plan for Basin 7 62.-Cont’d with spending staffs time on something that the State Engineer would find was not adequate. Mr. Dann said he was all about the solution, but the book was a lot of fluff and did not do what it needed to for the community. Kenny Bent pointed out he never suggested he was in favor of the RIBs and any language in the plan of putting effluent in had been removed. He did not have a problem with stormwater as long as it was treated. Also, Mr. Bent stated that everybody knew that Commissioner Wichman’s husband was a contractor for the Water Board and that was a benefit to her household.

Commissioner Wichman

reiterated that according to the attorneys there was no benefit to her household and she would vote.

Mr. Bent

stated his agreement with Mr. Dann’s comments and felt the plan was dangerous, especially to domestic well owners. It did not address the problem of growth and unmitigated splitting of lots or the over-allocation of water rights. Mr. Bent would like to see the Board vote down this motion and come back with another motion that eliminated the plan as a dangerous weapon.

Commissioner Cox

asked Mr. Bent if he wanted the Water Board to take this on without the advisory board.

Mr. Bent

stated he would like the groundwater management plan committee to cease and desist entirely due to the bias on the committee. He would also like the plan killed and the information contained in it used to develop a fairer plan. Diane Marie Holguin felt it was ridiculous to continue the conversation regarding

Commissioner Wichman’s

disclosure. There were other people in the room who had conflicting interests and sat on boards. She said everyone needed to come together as a community and help each other. Dave Caudle disagreed with Mr. Bent and the motion. He felt all of the information and ideas should be retained and ideas from the public should be incorporated. As the elected board, Mr. Caudle thought the Commissioners should have workshops with the people in Pahrump to get their ideas, take some ideas out of this plan, and build a plan that would work for everyone. Katrine Romanoff agreed with the suggestion of workshops. She said the current plan allowed for a build out for over 400,000 in population for Pahrump, but the aquifer would only sustain a population of 27,000, which was about where Pahrump was now. Ms. Romanoff felt the plan paved the way for special interests to prosper while residents paid the bill in a loss of water allocation and future taxes. January 19, 2016 54. For Possible Action Presentation, discussion and deliberation regarding Draft 6 for Stage One of the Groundwater Management Plan for Basin 162.-Cont’d. Andy Alberti suggested a moratorium until a way was figured out to grow without additional water consumption. Regarding the well owners, they needed to be involved more than anyone else because they had a bigger stake in this. As far as well contamination, Mr. Alberti noted that once contamination was found in the water it was too late and the level of contamination needed to be tested as it penetrated the soil down to the water level. Mr. Alberti discussed the Arizona law which put the onus on the developer to decide and provide information as to where the water would come from for the next 100 years. He believed that Planning could adopt the rules used in Arizona and that would be the last vested interest in protecting the water. John Bosta questioned the logic of the motion. His recall was that the Water DistrIct did not want anything to do with the water plan so the Basin 162 group was created to handle it. If he understood the motion correctly then the Basin 162 job was done and final and the Board was sending this back to the Water District, the original board who said they did not want to have anything to do with it.

Commissioner Carbone

pointed out there was a different make-up of that board today. Dwight Lilly thought what he was hearing today was a reflection of a very systemic problem that had developed throughout the County. The various boards he went to did not fairly represent the community. He suggested the Planning Board, the Water District Governing Board, and the Water Plan Advisory Board be dissolved and that new boards be appointed by the Commissioners that were representative of the entire community, not just special interests. Doug Varin pointed out the committee needed someone with knowledge of hydrology, so someone from the water industry was needed, as was someone from the building industry. He suggested that those who were complaining about the make-up of the board should get themselves on it. Regarding effluent, Mr. Varin noted that every single property in town that was not connected to the municipal system was both a well and a sewer and effluent was going into the groundwater 24 hours a day. Linda Hatley hoped the Commissioners would approve the motion. She also agreed with people getting involved if they wanted to have a say about the solution. She wondered if each committee or board had by-laws that provided for so many members and if those could be changed to allow for more.

Commissioner Wichman

said yes, but there came a point of diminishing return. Five people seemed to work, but seven got a little unruly and with 200 nothing got done. As to Mr. Varin’s comments, Commissioner Wichman pointed out that all the complaints worried about the RIBs, but people did not realize that there were already 11,000 RIBs as every septic tank was a RIB. January 19, 2016 54. For Possible Action Presentation, discussion and deliberation regarding Draft 6 for Stage One of the Groundwater Management Plan for Basin 162.-Cont’d.

Commissioner Cox

asked if the motion could be amended to send it back to the Water Board and let them decide what they wanted to take out of it and bring forward.

Commissioner Carbone

said there were eight things in the motion and Commissioner Schinhofen did not want to send the whole thing.

Commissioner Schinhofen

added that it would come back to the Commissioners.

Commissioner Borasky

said one of the problems with the structure of the Water Board was that four of the people on it did not live in Pahrump, so the three who did were out voted right out of the box. There were some serious problems with water in Pahrump and there needed to be a water board that represented the community and the State Legislature would have to do that. He pointed out that for the last three or four appointments to the Water Board he said no and thought they should get rid of it as it was not doing the community any good. The Board was in recess until 2:30 p.m.

Commissioner Borasky

was not present. January 19, 2016 TIMED ITEMS-Cont’d. 13. 11:00 For Possible Action AP-2015-000004: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit Application CU-201 5-000011, which was a request to modify CU-I 0-0013 to allow a commercial kennel with up to one hundred fifty (150) dofls where a maximum of thirty (30) dofls was previously approved, on 2.3 acres (net) zoned Rural Estates (RE-2), located at 2790 E. Camellia Street, approximately 972.57 feet west of the intersection of Homestead Road and Camellia Street, further known as Homestead Gardens, Lot 8, Block 2. Section 36, Township 21 South, Range 53 East. Vasili Platunov/Est-Alfa K-9 Security Services, LLC Property Owner/Applicant/Appellant. AP# 044-811-08.

Commissioner Carbone

opened the public hearing. Darrell Lacy explained this was an appeal from an RPC decision. The appellant had requested to change his CUP from 30 dogs to 150 dogs and the RPC denied his application. Maria Zlotek advised the Board’s task today was to review the record of the RPC and determine if there was substantial evidence on the record below to support the decision of the RPC. The record below was set forth in the agenda and that was the Board’s standard of review of the RPC decision. Paula Glidden asked the Board to decline the appeal. She said the neighborhood consisted of families with single family residential status. Mr. Platunov admitted he had 150 dogs at his facility at the planning meeting and in Ms. Glidden’s opinion they had exceeded their permit twice.

Ms. Ziotek

interjected that if at the public hearing Ms. Glidden reiterated evidence that was part of the record before the Board that was fine, but if she was adding new or additional evidence the Board was to disregard that in making its determination. Ms. Ziotek asked that the speakers cite to the record to show that it was the same information provided.

Ms. Glidden

asked the Commissioners to get this facility broken down into a reasonable thing or into a zoned area that would tolerate it like industrial or commercial. Doug Varin believed his business was one of the last commercial kennels allowed in the County. He was entitled to have 50 dogs on his one and a quarter acre piece of property. He owned 27 and had to get his permit approved.

Commissioner Wichman

pointed out Mr. Varin’s testimony was not part of the record.

Mr. Varin

said he had been down in that area and was not stating anything that had not already been stated. It was just an opinion since he was in the same type of business. January 19, 2016 13. 11:00 For Possible Action AP-2015-000004: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit Application CU-2015-000011-Cont’d. Since Mr. Varin did not testify at the RPC Ms. Ziotek advised the Board to disregard his statement.

Commissioner Carbone

closed the public heating.

Commissioner Schinhofen

made a motion based on the findings to uphold the decision of the RPC; seconded by Commissioner Wichman.

Commissioner Carbone

expressed concern for the dogs and hoped there would be some leniency in the motion to allow some time to do something with them.

Commissioner Schinhofen

asked if the Board could add a condition since it was a CUP.

Ms. Ziotek

indicated the Board could modify and amend the decision of the RPC and state a justification for it.

Commissioner Wichman

withdrew her second.

Commissioner Schinhofen

amended his motion to modify the decision of the RPC by extending him six months to find homes for the dogs and at that time he needed to be down to 30; seconded by Commissioner Wichman; 5 yeas. 14. 11:00 For Possible Action AP-2015-000005: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000012, which allows for the keeping often (10) Special Conditions Animals (Tigers) on 18.28 acres (net) zoned Rural Homestead (RH-4.5). located at 6061 N. Woodchips Road, further described as a portion of Section 7, Township 19 South, Range 53 East, File Map #56470, Parcel 4. AP# 027-241-26. Raymond Mielzynski Property Owner. Kayla Mitchell Applicant (Grantee). Appellants Animal Legal Defense Fund (ALDF); — — People for the Ethical Treatment of Animals (PETA); Lions, Tigers & Bears Sanctuary; Keepers of the Wild Sanctuary; and Big Cat Rescue Sanctuary.

Commissioner Carbone

opened the public hearing. Darrell Lacy explained this item was approved at the RPC with a long list of conditions of approval and appealed by the Animal Legal Defense Fund and others. January 19, 2016 14. 11:00 For Possible Action AP-2015-000005: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000012-Cont’d. Don Cox said he had been to Karl’s place about three or four times. Karl and his wife took good care of the animals and for them to be told they could not have them was not right.

Ms. Zlotek

interjected that if any party coming forward testified as part of the record below they could reiterate their testimony and cite to the record; otherwise the Commissioners were to disregard additional information.

Commissioner Carbone

commented the Board could listen to what they had to say but they did not have to consider it.

Ms. Zlotek

repeated they must disregard it if it was not part of the record below as set forth in the back-up. Louis DeCanio said he had been following this issue, which had already been approved by the RPC and the Fifth Judicial District Court. All the rules, regulations and safety requirements had been spelled out and agreed upon by the parties. Mr. DeCanio felt exotic animals should be welcomed to the community to make it unique throughout the world. He said these tigers were treated appropriately just like parents treated their own children and hoped the appeal would be denied due to the fact that there was no basis or standing for it. Carney Anne Nassar, Senior Counsel for Wildlife and Regulatory Enforcement at the Animal Legal Defense Fund, reviewed the legal standard for issuing a CUP and stated this permit was issued as a circumvention of a court order for the animals to be removed from the jurisdiction. Regardless of whether the RPC decided to issue this permit to Mrs. Mitchell, as ranch manager and trainer she was part of the business that had been found in violation of the Animal Welfare Act by continuing to exhibit animals in circumvention of Mr. Mitchell’s permanent license revocation by the USDA.

Ms. Zlotek

reiterated again that if any testifier or public comment speaker was to offer any new or additional information and not cite to the record as set forth below the Board was to disregard that information.

Ms. Nasser

stated it was part of the record in the proceedings they had been involved in for the last four years. She said the County’s District Attorney and Planning staff had been working to ensure compliance for years now and by issuing a CUP for somebody who lived on property still owned by someone subject to a court order to remove the cats was inconsistent with and flew in the face of what the court mandated. Ms. Nasser said the County was very vulnerable to having to defend a mandamus action in this case and respectfully submitted that the Board overturn the permit issuance. January 19, 2016 14. 11:00 For Possible Action AP-201 5-000005: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000012-Cont’d. Sam Jones stated he lived about two miles from where the tigers were and they were not hurting anything. Richard Goldstein said the appellants were outside agitators with no standing in the community who were just trying to make a name for themselves.

Commissioner Wichman

called for a point of order and stated the only testimony the Commissioners were to accept or listen to was that which was given before the RPC. Diane Marie Holguin said she spoke during the RPC meeting. She had been to see the tigers and there was nothing that warranted animal abuse, neglect, exhibition or mishandling. Richard Montoya suggested that someone was after the cats because they wanted to own them so they were creating problems for the current owners. Ray Mielzynski said they went through the system and did it the correct way. The court ruled in their favor and he was asking the Board to deny this appeal.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

asked Kayla Mitchell when this conditional use permit was granted if she understood all the conditions and would abide by them. Mrs. Mitchell responded absolutely.

Commissioner Schinhofen

made a motion to uphold the decision by the Planning Commission; seconded by Commissioner Cox; 5 yeas. 11. 10:45 For Possible Action Presentation, discussion and deliberation by — — Desert Haven Animal Society regarding: 1) the operation of an open-admission animal shelter; and 2) a lease of the existing Pahrump Animal Shelter facility located at 1511 Sin Ln, Pahrump, NV.

Dr. Suzanne

Zervantian explained the Desert Haven Animal Society (DHAS) was formed in response to the need and desire to have an open admission animal shelter in Pahrump. They proposed to utilize the existing county shelter facility on Sin Lane. Their mission was to rescue, rehabilitate, redeem or return to owner and permanently re-home companion animals thereby eliminating the euthanasia of healthy animals. They planned on dramatically reducing the intake numbers at the shelter as well as the euthanasia numbers while increasing the pet redemption or return to owner and adoption numbers. Having non-profit control of the animal shelter would allow them to secure more private funding and grants. Dr. Zervantian said they would have a January 19, 2016 11. 1 0:45 For Possible Action Presentation! discussion and deliberation by — — Desert Haven Animal Society regarding: 1) the operation of an open-admission animal shelter; and 2) a lease of the existing Pahrump Animal Shelter facility located at 1511 Sin Ln, Pahrump, NV.-Cont’d. dedicated local volunteer board of directors with several subcommittees along with trained staff and volunteers. DHAS would continue to work with any existing programs and establish new ones to support the expansion of the operation such as a foster program, a euthanasia review panel, shelter hours to better serve the public, and a low cost spay/neuter clinic in Pahwmp. Ultimately the plan was to build a new modern state of the art facility the community could be proud of.

Dr. Zervantian

said their financial projections were clearly outlined in their business plan. They were aware that they must provide exceptional, progressive shelter services in a low-cost, highly efficient facility. Under their direction the animal shelter would continue to have the revenue source of impound fees, quarantine and boarding fees, licensing and adoption fees, as well as direct public contributions and grants. Without any significant County money allocated to an animal shelter at this time, Dr. Zervantian encouraged the Board to allow DHAS to help. For that to happen, they would need a resolution of support and a partnership with the Board of County Commissioners including a low-cost lease and access to services at the existing facility, an agreement with Animal Control, an agreement regarding future fees and rates, and an agreement for a low-cost lease of County land for the construction of a new facility across the street from the existing facility.

Commissioner Schinhofen

made a motion based on staff recommendation that Desert Haven Animal Society bring back a plan of operation and lease agreement for the Board of County Commissioners to consider; seconded by Commissioner Wichman. Linda Hatley asked if a time limit could be imposed.

Commissioner Schinhofen

thought that could be addressed when the contract came back. Doug Varin asked who was funding this right now.

Dr. Zervantian

said basically it was being funded by herself and other people willing to give and was operating out of her own veterinary practice at her cost.

Mr. Varin

wondered what Dr. Zervantian would do to run the facility better than the previous person. He also questioned the need for another facility.

Dr. Zervantian

said the facility was very antiquated and had outlived its potential. Even with extensive renovations it would not be a sufficient facility. She clarified that when she spoke of building a better facility she was not talking about building extravagantly. January 19, 2016 11. 10:45 For Possible Action Presentation, discussion and deliberation by — — Desert Haven Animal Society regarding: 1) the operation of an open-admission animal shelter; and 2) a lease of the existing Pahrump Animal Shelter facility located at 1511 Sin Ln, Pahrump, NV.-Cont’d. It would be better for the animals and open to the public. She indicated she would be willing to discuss this with Mr. Varin privately.

Commissioner Carbone

opened the public heating. Vance Payne, Emergency Services Director, explained the original goal was to align Title 6 and Title 17, but because of the issue with the shelter they also wanted to provide a mechanism so the Desert Haven Animal Society could come back and put a proposal in front of the Board and be able to operate within the parameters of Title 6. He said the shelter was dying. It was not open to the public and needed an estimated $15,000.00 of repair work. Mr. Payne said the need for a private operator was imperative and he believed this was a very good solution.

Commissioner Carbone

asked if Mr. Payne believed Title 6 encompassed everything needed to move forward. Mr. Payne indicated it would with slight changes needed here and there as they learned to use the law.

Commissioner Schinhofen

made a motion to eliminate the Animal Advisory Committee; change the language that said the appeals were heard by the Animal Advisory Committee to Board of County Commissioners; remove “on two separate occasions January 19, 2016 12. 10:45 For possible action Public hearing, discussion and deliberation to: 1) - — adopt, amend and adopt, or reject Nye County Bill 2015-f 9-Cont’d. within 18 months” under dangerous dog; and eliminate Tier 1 and Tier 2 and note that a multi-pet permit was required for more than 11 cats or dogs. Angela Bello asked if Commissioner Schinhofen was rejecting the other changes.

Commissioner Schinhofen

stated he was just making those changes and expected the typos to be fixed.

Commissioner Schinhofen

amended his motion to include that; Commissioner Wichman amended her second. Since the motion was for appeals to be to the Board of County Commissioners, Ms. Ziotek asked the Board to consider that everywhere the code had a suspension or revocation or failed inspection that verbiage be inserted as to notification be through mail in writing and the appellate process and procedures be clearly put in to mirror what already existed in it for the appeals. Also, a determination as to whether that would be a final appeal would need to be considered and put in.

Commissioner Schinhofen

amended his motion to include that; Commissioner Wichman amended her second.

Ms. Ziotek

also pointed out that the definition of dangerous dog should be consistent with the NRS definition. It was not as presented so she would insert that language.

Commissioner Carbone

indicated he had some issues with a couple of things in the motion. lithe definition was to be changed for service animal to be consistent with the NRS, Ms. Zlotek stated she would like to insert that as an exception to dogs in the park.

Commissioner Schinhofen

amended his motion as she stated; Commissioner Wichman amended her second. January 19, 2016 12. 10:45 For possible action Public hearing, discussion and deliberation to: 1) - — adopt, amend and adopt, or reject Nye County Bill 2015-19-Cont’d. Jacqueline Archer described incidents involving two pit bulls that occurred last week when they got out of their area. She called Animal Control, but they had not even been served. Shelly Wagner expressed her concern with her safety as well as her family and their animals. The incident with the pit bulls occurred on her porch. Animal Control told her they would be cited, but nothing had been done, and Animal Control continued to tell

Ms. Wagner

that they could not enforce anything because the Sheriff told them they could not.

Commissioner Carbone

referred Ms. Wagner to Mr. Payne to clear up the confusion. Richard Montoya asked if cats had to have a license.

Mr. Montoya

said he never had a cat with a license and encouraged the Board to be reasonable with nature. Robert Wannberg said the laws were already on the books for these animal issues and were covered by Title 6. He applauded the Commissioners for going ahead with this and thought the tier for 11+ was excellent. Regarding the NRS dog bite issue, he thought the NRS stated two bites within 18 months and wondered why the Board would go with one. He was also 100% for the animal shelter. Chris Sanders had a problem with basically giving Title 6 the axe as all the changes took away everything. Linda Hatley said a request had been made for no one under the age of 18 to be leading their dog at the park and asked if that was gone or if it was changed.

Commissioner Borasky

said it was now by leash only with no age limit. Diana Johnson thanked the Commissioners for considering the new shelter. Regarding dogs running loose and creating havoc, she pointed out there were a lot of responsible pet owners here and hoped as a community maybe something could be done to educate those that perhaps needed a bit more education to control their animals. Scott Shoemaker said at the January 14, 2016, Animal Advisory Committee they recommended rejecting the bill and now it seemed the Board was only approving a certain portion of it. He noted they had items that had just gone through the District Attorney’s Office for approval such as fines. January 19, 2016 12. 10:45 For possible action Public hearing, discussion and deliberation to: 1) - — adopt, amend and adopt, or reject Nye County Bill 201 5-19-Cont’d.

Commissioner Carbone

advised there would be a resolution regarding fines and permits.

Mr. Shoemaker

explained they had amended the fee schedule for a private agency and wondered if that ball would be dropped.

Commissioner Carbone

said the Board would look at that as it was coming back to them anyway. Amy Nelson had concerns about enforcement of the NRSs. Jay Webb did not remember hearing the Board set an effective date for this.

Commissioner Schinhofen

amended his motion to set an effective date of February 8, 2016; Commissioner Wichman amended her second. Doug Varin said he was not 100% sure of what the changes were, but he knew that one change that had already gone through could affect he and his business and he was not thrilled by it. If Mr. Varin had his commercial kennel on his property and would like to give it to his son it was his understanding that some of these new ordinances may prevent him from doing such due to the size of the piece of the property.

Commissioner Carbone

said that was Title 17 and pointed out that a 6,000 square foot piece of property could now have 11 animals on it where before it could only have five.

Commissioner Carbone

closed the public hearing.

Commissioner Borasky

was not present. Tim Carlo from Public Works explained this was their annual list to submit to the Department of Transportation on the identification and determination of the maintained roads in Nye County.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Carbone

opened and closed public comment.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 16. For Possible Action General road report by Public Works Director Tim Carlo said he had nothing new to add to the report other than they were plowing snow and getting weather up north all weekend long with more coming.

Commissioner Carbone

said he turned in seven or eight road requests that he hoped they were working on.

Commissioner Schinhofen

said he was still waiting on Hacienda and the repairs by UICN.

Mr. Carlo

advised he talked to UICN this morning about that corner. They sent letters for a cross access agreement to tap into a fire hydrant on a separate line of theirs. As they had not received word back from the property owners they were going to try to go in a couple lots down. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Borasky

was present. January 19, 2016 PUBLIC WORKS 51. For Possible Action Discussion and deliberation to approve a project for improvements to Homestead Road between Gamebird Road and Manse Road per the revised Streets and Highways Capital Improvement Plan FY 2006-201 5.

Commissioner Schinhofen

made a motion to approve since this was approved by the RTC and all the funding was in place except for the SRS; seconded by Commissioner Borasky; 5 yeas. PLANNING/BUILDING 46. For Possible Action Discussion and deliberation concerning a request to release 100% of the financial security related to improvements as stated in the Subdivision Improvement, Maintenance and Warranty Agreement (SIA) for the Artesia @ Hafen Ranch Phase IV Subdivision map, located within the Pahrump Regional Planning District. Hafen Ranch Estates Property Owner. M. Kent (Tim) Hafen Applicant. (IA-2015-000002).

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY,BELMONT, GABBS, MANHATTAN, PAHRUMP, AND RAILROAD VALLEY PAHRUMP 17. Committee Reports There were none. 18. Business Recognitions There were none. 19. For Possible Action Discussion and deliberation to approve a revision to Town of Pahrump Personnel Policies to include a previous provision inadvertently omitted during the 2008 policy revisions. Pam Webster explained this was the practice they had been following but it was inadvertently left out in the last update to the policies.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. January 19, 2016 20. For Possible Action Discussion and deliberation to approve the Nevada Commission on Tourism (NCOT) 2nd Cycle Grant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Carbone

asked how the determination was made what good the grant was doing for the community. Arlette Ledbefter, Tourism Director for the Town of Pahrump, advised promotional items brought in RV rallies which distribute their logo which drove people to the Web site. Production was video and still photography which attracted people to the Web site and displayed the community and the lifestyle. As far as conversion rates, Ms. Ledbetter would present to the County Manager next week their concrete data and then they would bring it to the Commissioners at the second meeting in February.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox. Linda Hatley did not understand why they would go to collections when the services were just provided in the last three months and the charges had already been written off. Michael Sullivan, Pahmmp Finance Director, said the report did not include that group of people. It included the people prior to that time that reached the 90 to 120 days cycle. He explained under accounting principles the total outstanding receivables needed to be adjusted to reflect a correct amount as it was an asset on the balance sheet.

Commissioner Cox

made a motion to approve Linda Hatley, Erin Hubbell, and Merrilee Spoor; seconded by Commissioner Schinhofen. Robert Adams said as the current chair of PLAC he was speaking against the reappointment of Linda Hatley and Merilee Spoor after hearing POOL/PACT speak about how some people were not a good fit for public bodies. He advised the two did January 19, 2016 22. For Possible Action Discussion and deliberation to appoint four (4) members and one (1) alternate position to the Pahrump Public Lands Advisory Committee with terms expiring January 201 8.-Cont’d. not attend the mandatory OML class and their response to the town office was they already knew it. Maria Ziotek cautioned against any comments that may border on the professional reputation or slander of a person.

Mr. Adams

felt to serve on public bodies members needed to follow the law and the process of the law, work well with others, and needed to put the public good ahead of their personal projects. He advised that time and time again they had confrontations over the process of law. Mr. Adams added that the two women missed five meetings in 2015 and PLAC met monthly. Pam Webster asked if the advisory committee voted on the applicants.

Mr. Adams

stated no because they did not submit their applications in time.

Mrs. Webster

suggested referring this back to the committee who could meet and have a quorum with the three members in place.

Commissioner Cox

asked that this be on the next PLAC agenda.

Commissioner Cox

withdrew her motion; Commissioner Schinhofen withdrew his second.

Commissioner Schinhofen

made a motion to send it back to PLAC and have it re advertised; seconded by Commissioner Cox; 5 yeas. 23. For Possible Action Discussion and deliberation to appoint four (4) members and two (2) alternate positions to the Pahrump Tourism Advisory Committee with terms expiring January 2018.

Commissioner Borasky

made a motion based on the action of the Tourism Board last week to approve Catherine Tilleft, Deborah Davis, Lynn Peterson, and Jack Sanders as members, and Mike Bryce and Chris Erwin as alternates; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Borasky

added that they were going to put in the next by-laws to take an open meeting class when the County had it. January 19, 2016 24. For Possible Action Discussion and deliberation to appoint two (2) members to the Pahrump Arena Advisory Committee with terms expiring January 2018.

Commissioner Ccx

made a motion to approve Scott Tibbits and Bronc Rodriquez; seconded by Commissioner Schinhofen; 5 yeas. 25. For Possible Action — Discussion and deliberation regarding a plan for the Last Chance Trail Head. Linda Hatley advised she was making this presentation as a person of interest, not as a member of the PLAC board. She explained they wanted to make the town more equine friendly by putting in trail heads around town and connecting them with bridle paths so visitors with horses could use them. They had been working with the BLM and decided on a five acre parcel, but during phase one of the project they would only develop two acres. The plan included paying the tortoise fees on the two acres, providing parking for horse trailers, spaces for automobiles, a vault toilet, picnic tables, and trails that would lead out from the trail head.

Commissioner Carbone

asked if this was part of the RMP. Darrell Lacy advised ELM was aware of this and participated in the discussion of picking the spot. ELM supported what they were trying to do, but they could not get an application in front of the BLM until the Board approved it.

Ms. Hatley

stated they were told there was funding for this and other projects in the general fund. They had volunteers willing to put in the time and energy to construct the trail. She indicated the total cost would be around $7,000.00 for the materials without the vault toilet or the kiosk and with volunteers doing most of the work.

Commissioner Wichman

asked who told her there was funding in the general fund and which general fund she was referring to, the County’s or Pahrump’s.

Ms. Hatley

stated when she first moved here in 2011 she was told at that time there was $36,000.00 available in the Pahrump general fund. Some of that funding was put toward Kellogg Park, but she believed there was approximately $26,000.00 left. Pam Webster wondered if this had been presented to the full committee and if it was approved.

Ms. Hatley

said it was and it was voted on 4-0 to come here to ask to move forward.

Mrs. Webster

asked Michael Sullivan if there was project funding for this. She also wondered about the plan for maintenance when it was done.

Ms. Hatley

advised horse people would pick up after themselves. She had suggested the first one in and the last one out could take the chains on and off, but she was told January 19, 2016 25. For Possible Action Discussion and deliberation reqardinj a plan for the Last Chance Trail Head.-Cont’d. that Parks and Recreation should lock it up and make sure it was clean. She was also working on the bridle path and they were in the process of developing a 501 (c)3. Michael Sullivan said he would have to look again to see if the funds were still available, but he did not think any funds were appropriated for fiscal year 2016. If the project was going forward he would suggest including consideration of it along with other projects for the fiscal year 2017 budget. From a non-financial standpoint, Mr. Sullivan said they spent about $35,000.00 or $45,000.00 on this project quite a few years ago but could not complete it. There were permitting and artifact issues with the BLM as he recalled, and there was also trail access on BLM land. Mr. Sullivan also knew there was an application submitted for 30 acres in the past, but to his knowledge that application had not been processed or approved for a lease and that step would need to be taken first. There were also engineering and compliance issues to build. He added there would have to be consideration given to what the town’s building and grounds staff would have to do on a daily basis.

Commissioner Schinhofen

asked again if this was part of the RMP that the County was trying to free up.

Mr. Lacy

advised an R&PP lease could be done outside of the resource management plan. This was a long standing project that was significantly scaled back from what was initially looked at years ago, which was a much larger park that did get into cultural issues. The artifacts had been cleared under BLM’s watch and Mr. Lacy was advised that the County needed to apply for an R&PP lease which would need a conceptual site plan or plan of development with it. That plan of development would need to be approved to get the application put together and submitted. It would then be a couple of years at BLM before construction would start.

Commissioner Schinhofen

appreciated the presentation, but thought this needed to move to the next step, which was to get this through and approved with the BLM portion.

Mrs. Webster

said the Board should not move forward with the lease and the application unless they were going to fund the project.

Commissioner Schinhofen

said he was looking to move forward with the project but not necessarily commit funds to it at this time.

Commissioner Schinhofen

made a motion to move forward with the project through the BLM and at least get the land part done and then come back because this would have to be budgeted out a year or two ahead of time; seconded by Commissioner Wichman. January 19, 2016 25 For Possible Action Discussion and deliberation regarding a plan for the Last Chance Trail Head.-Cont’d.

Commissioner Schinhofen

restated his motion to go forward with the R&PP lease of that property from the BLM and then bring it back; Commissioner Wichman restated her second. Robert Adams, PLAC chair, advised an issue that came up on CML was the presentation was approved by PLAC in an open meeting, but the presentation changed which he considered to be decisions made outside of an open body. Also, there were two parts to an R&PP, a development plan and then an operations plan. He pointed out they were supposed to form a 501 to do the operations of it because the town’s parks and recreation did not want to take on the management of it, but that had not happened.

Mr. Adams

also felt the estimates were low.

Commissioner Carbone

commented the only reason they voted to move forward was to get something started with BLM for the R&PP. There were still other steps to go through but if the funding was not there to support it then it was done. Angela Bello clarified the motion was to go forward with the lease application.

Mrs. Webster

asked if there was a cost to prepare that application that would require a budget.

Commissioner Wichman

said it would be much time and energy.

Mrs. Webster

confirmed that the advisory committee approved the new location.

Ms. Bello

verified with Mr. Lacy that an application did not constitute an offer or commitment to enter into an eventual lease.

Mr. Sullivan

asked for an amendment to the motion regarding the cost of the application.

Commissioner Wichman

advised the application did not cost anything, but the preparation time and paying staff cost dearly, especially if someone was not familiar with doing an R&PP lease. She recommended the PLAC group get together and decide what they wanted to do.

Commissioner Wichman

withdrew her second.

Commissioner Schinhofen

withdrew his motion.

Commissioner Carbone

asked Mr. Lacy to work with them to get things in order to get it back on the agenda. January 19, 2016 SITTING AS THE NORTHERN NYE COUNTY HOSPITAL DISTRICT BOARD OF TRUSTEES 26. For Possible Action Discussion and deliberation regarding a Professional Service Agreement between the Northern Nye County Hospital District and Renown Medical Group to provide professional primary and urgent care services. This item was removed from the agenda. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC PETITIONER-Cont’d. 52. For Possible Action Discussion and deliberation regarding a request from Johnny Chek, TYI Trading LLC, to amend Nye County Code Chapter 8.04 Fireworks, by increasing the maximum quantity of permits which may be granted to sell consumer/display fireworks in Nye County. Johnny Chek explained there were currently six licenses and a lot of concerns with the local businesses stating that the licenses had been grandfathered so that was the only amount allowed. Additionally, many residents thought if there was a fireworks place near their residence it would be bad for them. Mr. Chek said he had located a business on Basin Avenue that was vacant and at least 1.8 miles from the nearest residence. He planned on meeting and exceeding the rules and regulations in existence if the Board allowed him to apply for a license or permit.

Commissioner Schinhofen

knew there was a certain amount that seemed to work and if

Mr. Chek

wanted to buy one of the businesses that would be up to him, but

Commissioner Schinhofen

said he would not move forward with new licensing at this time.

Commissioner Cox

did not know where that rule came from in the first place and wondered whatever happened to free enterprise. She felt if a change could be made to bring in new business of any kind she would welcome it. She pointed out that now that there was a shooter site more people would be coming. If Mr. Chek was willing to stick his neck out and take that chance Commissioner Cox did not know why they could not let him do that.

Commissioner Cox

made a motion to bring an ordinance forward to amend the current ordinance to remove the amount of fireworks permits that could be had; seconded by

Mr. Chek

said he would like to create more jobs. He would rent a unit from a local land owner and the County would be collecting taxes and making money off the fees and the permits. He knew that every fireworks stand paid $10,000.00 to purchase permits for January 19, 2016 52. For Possible Action Discussion and deliberation regarding a request from Johnny Chek, TYI Trading LLC, to amend Nye County Code Chapter 8.04 Fireworks, by increasing the maximum quantity of permits which may be granted to sell consumerldisplay fireworks in Nye County.-Cont’d. the shooter site so if there were additional fireworks companies there would be more permit money.

Commissioner Borasky

stated the existing fireworks companies were proven and had been here for many years. He felt it would get to the point where there would be more than was needed and one would take away from another so he could not support bringing another one in.

Commissioner Wichman

reminded everyone the last time this was brought up of the claims made and the overwhelming opinions that opening it up and making other permits available would reduce the value of the permits that were held by those that were already here. She was not saying that was right or wrong or that she believed it, but she seconded the motion and it stood.

Commissioner Cox

remarked the Board would not turn down a restaurant if another restaurant wanted to come in. Tim McCoy, owner of Area 51 Fireworks, stated by opening this up all the Board would do was shift the current clientele to go to different places. Mr. Chek may create jobs, but now Mr. McCoy would have to let people go because of the shifting business. Mr. McCoy also disagreed that the County would get any more money on the permits. Anthony McKoy from Blackjack Fireworks said his family pioneered the fireworks industry in this town and had been here the longest, but he had been struggling since the last new person came into the industry. Mr. McKoy stated he had gotten signatures of many residents who wanted to see more businesses, but not more fireworks. He explained this was a niche business with a clientele that was not going to be expanding soon. Additionally, there were issues all over the place that could potentially cripple the industry so having more fireworks stores in town would not create anything but more havoc and the people going out of business who had been here the longest. David Mirard from Outlaw Pyrotechnics gave Mr. Chek his card as his business was for sale.

Commissioner Wichman

withdrew her second.

Commissioner Carbone

seconded the motion to bring an ordinance forward to amend the current ordinance to remove the amount of fireworks permits that could be had. January 19, 2016 52. For Possible Action Discussion and deliberation regarding a request from Johnny Chek, TYI Trading LLC, to amend Nye County Code Chapter 8.04 Fireworks, by increasing the maximum quantity of permits which may be granted to sell consumer/display fireworks in Nye County.-Cont’d. Douglas Burga stated that while everyone loved free enterprise, the main issue was changing the rules of the game that had already been played for a certain amount of time that had necessitated investments, planning and sweat of the brow.

Mr. Chek

said he appreciated what everyone said and knew that prior to this people did not have a shooting site and were coming here with 24 hours to leave. Now that the site was open it might bring new business that was not here before and not necessarily shift business from the current owners.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman. Richard Goldstein pointed out the back-up said a veterans memorial and a first responders memorial so he wondered what it was. He said there was already a veterans memorial. Roy Mankins read a statement about what the Rotary Club of Pahrump did in the community. They wanted to build a reflection area honoring the first responders, which were not the veterans, It was the Sheriff1s Department, the fire department and the search and rescue organization.

Commissioner Schinhofen

amended his motion to approve a first responders memorial;

Commissioner Wichman

amended her second. Angela Bello advised this was not properly agendized. She did not think the common person would consider this as first responders as she took it as veterans.

Commissioner Schinhofen

made a motion to bring it back when it said first responders instead of veterans; seconded by Commissioner Wichman; 5 yeas. January 19, 2016 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. 27. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 27-29; seconded by

Commissioner Borasky

; 5 yeas. 28. For Possible Action Approval to surplus and sell excess Nye County equipment that is no longer in use and/or obsolete.

Commissioner Schinhofen

made a motion to approve items 27-29; seconded by

Commissioner Borasky

; 5 yeas. 29. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, March 15, 2016 in Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve items 27-29; seconded by

Commissioner Borasky

; 5 yeas. BOARD OF COMMISSIONERS 30. 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. 31. 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. 32. 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. January 19, 2016 33. For Possible Action Discussion regarding Commissioner Liaison I Representative positions.

Commissioner Wichman

advised this item was also agendized improperly as the Board could not make an appointment to this organization, only a recommendation.

Commissioner Carbone

asked to have this item put back on the February 2, 2016, meeting.

Commissioner Schinhofen

made a motion to appoint Commissioner Carbone; seconded by Commissioner Cox; 5 yeas. 36. For Possible Action Discussion and deliberation to join the National Association of Counties’ new Dental and Health Membership to provide significant savings to the residents of Nye County.

Commissioner Schinhofen

made a motion to approve. Maria Ziotek advised that currently the County was under contract with CareMark which had an exclusive marketing provision. As the proposed Covington contract also contained an exclusive promotion clause, the County would be in breach of contract.

Ms. Zlotek

had recommended to the County Manager to not move forward with this new contract unless the current contract was terminated.

Commissioner Schinhofen

made a motion to put this off. CLERK 37. For Possible Action Discussion and deliberation to appoint one (1) member to the Round Mountain Board due to one (1) resignation. This is for an unexpired term to end January 2017.

Commissioner Wichman

made a motion to appoint Wes Hubred; seconded by

Commissioner Schinhofen

; 5 yeas. January 19, 2016 38. For Possible Action Discussion and deliberation to appoint five (5) members to the Park and Recreation Advisory Board.

Commissioner Wichman

made a motion to appoint Mary Ann Gallentine, Richard Glassow and Irene Carlyle to the two year terms, and Timaree Koscik and David Harris to the one year terms; seconded by Commissioner Schinhofen; 5 yeas. 39. For Possible Action Discussion and deliberation to appoint two members to the Railroad Valley Advisory Board due to two (2) terms expiring. These terms will expire January 2018.

Commissioner Wichman

made a motion to appoint Sierra Reynolds and Angela Reynolds; seconded by Commissioner Schinhofen; 5 yeas. 40. For Possible Action Discussion and deliberation pursuant to NRS 244.360f 5) to: 1) direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on January 8, 2016, regarding APN 042-372-08, 2421 Hacienda Street, Pahrump, Nevada and a) determine and specify a reasonable time for the person to abate said nuisance and b) direct the District Attorney to bring legal proceedings for abatement of said nuisance if the notice to the person responsible fails to abate said nuisance; or, in the alternative 2) pursuant to NRS 244.360(1) and 244.360(2), direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint.

Commissioner Schinhofen

made a motion to direct the Clerk to set a public hearing not less than 30 nor more than 40 days; seconded by Commissioner Borasky.

Commissioner Cox

said she had been following this since day one. These people had been notified over and over by Planning and Zoning and she hated to drag this out because apparently they were either living without water or they were living with water and not paying for it. Commissioner Cox would like it to go to the District Attorney and have them take care of it as obviously the person knew about it. Angela Relic advised the process had started through code enforcement. They would send notice and if the property owner did not come into compliance it would get referred to her office for criminal prosecution. She said there had been some notice issues and it never did come to her office.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Schinhofen; 5 yeas. 43. For Possible Action Discussion, deliberation and direction to staff regarding the possible sale of certain teal property owned by Nye County, Assessor’s Parcel No. 45-131-49.

Commissioner Schinhofen

said he would like to see the person asking for this and noted it was commercial manufacturing. While he did not mind staff doing the diligence, he was not in favor of selling currently. Lorina Dellinger advised that lithe Board wanted to move forward she would need authorization to get appraisals.

Commissioner Carbone

said his issue was that this was commercial manufacturing and that meant all kinds of different things could be used up there. Darrell Lacy added the same issues that came up on the adjoining medical marijuana property would come up here.

Commissioner Schinhofen

made a motion to move forward; seconded by Commissioner Borasky; 5 yeas. 44. For Possible Action Discussion and deliberation regarding mandating all public body members appointed by the Nye County Board of County Commissioners participate in the annual Open Meeting Law Training hosted by Nye County.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. January 19, 2016 INFORMATION TECHNOLOGY 45. For Possible Action Discussion and deliberation regarding an Equipment Maintenance Agreement with SNACC to maintain our new MC7500 communications consoles as well as 800 Mhz radio equipment installed at our West Site on Mt. Charleston Ave.

Commissioner Schinhofen

asked Milan Dimic, IT Director, if this would improve the County’s capabilities.

Mr. Dimic

advised SNACC would be responsible for making sure they had the most current operating system.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. PLANNING/BUILDING-Cont’d. 47. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2016-02: A Bill proposing to amend Nye County Code 17.04, the Pahrump Regional Planning District Zoning Regulations, by adding Section 17.04.805 “Mobile Food Vending” by adding requirements for mobile food vending; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

made a motion to set the date, time and location for the public hearing on February 16, 2016, at 11:00 a.m. in Pahrump chambers; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. 48. For Possible Action Discussion and deliberation regarding a request to approve signing the Charter for the Desert Tortoise Management Oversight Group (MOG), appoint a County representative and alternate to the MOG, and make a recommendation to replace Levi Kryder as the representative on the Recovery Implementation Team (RIT). Darrell Lacy advised he had been attending the meetings for a couple of years now.

Commissioner Wichman

made a motion to nominate Commissioner Schinhofen to appoint to this; seconded by Commissioner Cox; 5 yeas. January 19, 2016 49. For Possible Action Medical Mariluana Establishment License Renewal Application MM-2015-000013: Discussion and deliberation on a request to renew Medical Marijuana Establishment License MM-201 4-000001 for a proposed medical marijuana (cultivation) facility located at 2801 E. Thousandaire Boulevard, Pahrump, Assessor Parcel #44-561-16. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen with the amendment that the applicant maintain the State license; 5 yeas. 50. For Possible Action Medical Mariiuana Establishment License Renewal Application MM-2015-000014: Discussion and deliberation on a request to renew Medical Mariiuana Establishment License MM-2014-000002 for a proposed medical marijuana (production) facility at 2801 E. Thousandaire Boulevard, Pahrump, Assessor Parcel #44-561-16. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC Applicant.

Commissioner Schinhofen

made a motion to approve with the same condition that he was to keep his State license; seconded by Commissioner Wichman; 5 yeas. 48. For Possible Action Discussion and deliberation regarding a request to approve signing the Charter for the Desert Tortoise Management Oversight Group (MOG), appoint a County representative and alternate to the MOG, and make a recommendation to replace Levi Kryder as the representative on the Recovery Implementation Team (RIT).-Reopened.

Commissioner Schinhofen

was not present.

Commissioner Wichman

made a motion to approve the signing of the charter; seconded by Commissioner Carbone; 4 yeas. TIMED ITEMS-Cont’d. 15. 1:30 For Possible Action Discussion and deliberation to approve the audits - — of Fiscal Year 2014-2015 for Nye County and all component units of Nye County conducted by Daniel McArthur LTD.

Commissioner Schinhofen

was present. Dan McArthur began by reading from the independent auditor’s report noting, management was responsible for the financial statements, not him. His responsibility was to express an opinion. He pointed out a new requirement from GASB that the County’s financial statements contain their share of retirement liability. The financial statements also now included the Town of Pahrump since the town board form of government was disbanded. January 19, 2016 15. 1:30 For Possible Action Discussion and deliberation to approve the audits - — of Fiscal Year 2014-2015 for Nye County and all component units of Nye County conducted by Daniel McArthur LTD.-Cont’d

Mr. McArthur

touched on pages 11 and 12 which showed the total assets and liabilities of the County for all funds. He then reviewed the four major funds of the County (the general fund, the education endowment fund, the road fund, and the endowment capital projects fund) and said basically in all government funds there was a decrease in the assets of $2.7 million. Concerning the pension liability, Mr. McArthur directed the Board to the table on page 67 showing the County’s liability as $50,712,928.00. He explained the numbers displayed were based on actuarial studies and the County’s liability would fluctuate depending upon the rate of return PERS got on their investments resulting in some situations where there were negative fund balances such as in the Pahrump ambulance enterprise fund shown on page 96.

Mr. McArthur

said page 71 showed the consolidation of the County’s assets and liabilities with Pahrump Town’s assets and liabilities. He then referred to pages 97 and 98 and talked about the Pahrump ambulance enterprise fund and the losses shown. Page 76 showed the general fund of the County and compared revenues and expenditures to last year and budget to actual comparisons. Mr. McArthur noted revenues were up a bit, but the expenditures totaled $32,631,399.00 and overran the budget, which was an NRS violation. While the budget was adopted by the County Commission in the early part of May, 2014, the Commission met again on June 27, 2014, and made decisions to make adjustments to the budget which was deemed a budget augmentation. A public hearing was required along with filings with the Department of Taxation (DTAX). Those steps did not take place so the augmentations that would have taken care of the violations did not get properly filed. Mr. McArthur advised it was too late to send in the paperwork now, so the County needed to respond to DTAX with a corrective action.

Mr. McArthur

then reviewed the findings and responses on page 325 and the current year recommendations on page 326. Regarding statute compliance issues starting on page 328, Mr. McArthur discussed the ongoing problem with the timely deposit of money collected by the Sheriff’s Office as well as an installment purchase agreement that was not done properly. He also reviewed the issues with the interfund loans.

Mr. McArthur

spoke about the $2.5 million loan the County gave to the Nye Regional Medical Center. In August PrimeCare became insolvent thus potentially making the loan uncollectible. In November there were agreements made to collateralize the loan at $727,000.00, so on the books right now there was a loan balance which was reported as an expenditure or a bad debt because of the collectability of the loan. With that in mind, Mr. McArthur stated Nye County owned that hospital building and since the County had no need for a hospital building, to him the County would have the ability to January 19, 2016 15. 1:30 For Possible Action Discussion and deliberation to approve the audits - — of Fiscal Year 201 4-2015 for Nye County and all component units of Nye County conducted by Daniel McArthur LTD.-Cont’d. sell the hospital building to the hospital district which may help recoup some of the money and deal with the bad debt. Regarding the public safety tax, Mr. McArthur explained when the ordinance was adopted the administration of the tax was questioned by some and the District Attorney asked for an Attorney General’s opinion. That opinion caused changes in the way the County administered the tax. It indicated that the local governing body of each town was the body that approved the expenditures; therefore, there were now two special revenue funds for each town for the public safety tax to be put in, one for the Sheriff’s Office and one for fire. Mr. McArthur said there would be some resolutions brought forward for approval for those funds and to create budgets for each of them. To cute the expenditure compliance issue, the Board should approve the spending plans for the County’s areas and the respective towns would have to approve the spending plans for their areas.

Mr. McArthur

directed the Commissioners to the management letter and talked about the declining revenues in the general fund. He said that was an ongoing problem and there needed to be ongoing activity to address the issues impacting the general fund.

Commissioner Schinhofen

made a motion to approve the audit; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2016. (,1 ed,. J air Nye Couity Clerk / Deputy oittCYIL? H January 18, 2016 Board of County Commissioners Pahrump NV Dear Commissioners: This is in reference to the Pahrump Regional Planning Commission meeting where it was voted 4-2 to give Utilities, Inc. a Conditional Use Permit for construction and operation of two Rapid Infiltration Basins. We witnessed the most flagrant disregard for facts. This irresponsible act was taken even though the Planning Commission’s staff reported on page 5, #2, under “Water Quality, that the proposed project could potentially cause or contribute to the degradation of groundwater quality and the proposed land use is considered a Contaminant Source. Under Municipal Waste Source, the Wastewater Treatment Plant risk for contaminants is !jjgj in all three contaminant categories: B, C and D. In a well worded mixed message the Findings on page 2, #3: state “the conditional use will not be hazardous...” #6: “the conditional use...wiII not be detrimental to the economic welfare of the community.” But according to their own report, the risk is HIGH that it will be detrimental to the community. This is outrageous! And who did Utilities Inc. call for an expert opinion? Their own worker who assured us he was doing a good job and we could count on him. The Utah Department of Environmental Protection prohibits RIBs over sole source drinking water grade aquifers such as Pahrump’s aquifer. It prohibits RIBs in Zones I and II of Source Water Protection Areas like Pahrump’s. Furthermore, it states that site characteristics not favorable for a proposed RIB system are ones located above a sole-source aquifer and located in a flood plain. In San Diego County they use reverse osmosis to clean the water before it is recharged. Arizona has taken severe steps to protect its water since it already destroyed one aquifer. Because Nevada has the most lax water laws, we must look to other states for actual water standards. We don’t trust the state nor the EPA to protect our water. The PRC may be within the law, but it is out of touch with reaIityfiey are also using inaccurate misleading measurements where’ the RIBs will be installed. Ji1WE //6AAJ? 650,000 gal/day of unpotable water will be dumped into our potable aquifer. Once contaminated, it stays contaminated. How could their “staff” recommend this action based on their own report? How can any thinking person take the HIGH risk of ruining our only water source? We are ashamed of the Planning Commission. It is putting the entire Pahrump Valley at risk, arid for what? So Utilities, Inc. can make money? Where is their duty to protect our aquifer? Nevada’s lax water standards is no excuse The state of Nevada is not a credible authority. We are DEMANDING the BoCC stop this dangerous business right now! Once this precious aquifer is contaminated, there is no going back. All domestic wells will be shut down. The County will then have to take control of our water, make it potable if possible, and send us the bill. Sounds like a conspiracy to us. If we don’t see the BoCC acting to stop this threat, then we believe our only recourse is to sue the County, the individual commissioners and the planning commissioners who are disregarding their sworn duty to protect the water and are acting without honesty and integrity. We expect a formal appeal to the BoCC to be filed shortly. And if they don’t act soon, we believe a lawsuit will force them to act to protect our only water supply. Sincerely, Dale & Leslie Bates 13€..- fv-d-- 111 ‘ jif-c C/t(il((] “TOILET TO TAP” Should Not Be Nye County Water Policy I’m here to address CU-2015-000010 Conditional Use Permit (CUP) to allow the construction and operation of two (2) Rapid Infiltration Basins (RIBs) on the Willow Creek Property The RPC approved the plan by Utilities Inc to build two rapid infiltration ponds at the former Willow Creek golf course at their meeting this past week. These will be used to facilitate the pumping of 650,000 gallons of partially treated sewage into our aquifer daily. There is a potential of 1.5 million gallons daily from this treatment plant #3. Aquifer recharge is a good idea when done properly, but even the county planning staff noted the high probability of contamination in the aquifer with this plan. Which makes their recommendation for approval in opposition to the mission of the Nye County Water District Governing Board and responsibility of our elected and appointed government to protect the safety and health of the county residents? Quote from page 5, #2, under Water quality, impact on Existing Groundwater Quality/ is the proposed land use considered a Contaminant source? Table E-1 YES. Class: Municipal Waste, Source: Wastewater Treatment Plant. Risk Level (Low/Moderate/High) High. Contaminant Categories: B, C and D (B= Synthetic Organic Compound, C= Inorganic Contaminant, D= Microbiological). In the Findings on page 2, #3: “the conditional use...will not be detrimental to the economic welfare of the community”. According to their report, the risk is High that it will be detrimental to the community. Again, ask yourself this, why would the planning department staff recommend approval of a Conditional Use Permit for a rapid infitration 1 project with these determinations? This is outrageous. Utah has reasonable regulations that prevent recharge of treated sewer into a closed single source aquifer. California residents forced the utilities to use reverse osmosis which purifys the sewage into safe drinking quality before recharging with it. Quote from Utah regulations regarding Unfavorable Site Conditions. 1). Within wellhead protection areas; 2) Areas underlain by hardpan or with shallow bedrock; 3) Located above a sole-source aquifer; and 4). Located in a flood plain. The above condlitons exist at this former Willow Creek Golf course site. The Nevada EPA and PUC approved this plan which tells me that they are not anticipating private wells down the line as our water source, but rather a valley wide utility. Or..they didn’t read through or understand the proposed recharge plan. There is no other logical reason for the approval. I hope we have a majority of commissioners who will put a stop to this insane plan and insist that more advanced treatment processes of wastewater occur before it be included in the former Willow Creek Golf Course recharge plan. I request the commissioners waive any fees associated with appealing this decision to the RPG and Nye County commissioners in formal hearings. Neither I nor should Nye county want to be another Flint, Michigan, with the National Guard having to deliver us bottled drinking water in the future as a result of government failure to insure a safe drinking water source. I do not want to suffer the results of an unsafe, unhealthy, and potentially catastrophic property loss due to inadequate treatment of sewage being used to recharge the aquifer that I draw my well water from for household 2 purposes. This same statement will be read to the Nye county Water District Governing Board and staff. Their mission statement reads quote: Mission Statement “Provide, protect and preserve water resources within Nye county.” They too should step forward and stop this as they are charged with protecting our water source. Thank you, Dwight S. Lilly Pahrump, Nv. 1&,/4’7e% ‘/%1g 3 oittci/i ( January 18, 2016 To: Honorable Board of Commissioners, Nyc County from: Joseph Markley, Resident Parump, NV Re: Actions of the board regarding the Ribs, plan and counterplan Issue: Treating the sewage from Lakeside Park The current plan to place over 500,000 gallons of sewage a day in the soil without constant monitoring or periodic testing is neither logical nor safe. more feasible plan would be to surface irrigate the sewage on an in-ground application. The 500,000 gallons of sewage would be approximately two acre feet multiplying it by the 365 days of the year would total about 700 acre feet of sewage. If this sewage was placed on the ground surface through circle irrigation, it would take approximately 700 acres of land or a section which is 640 acres. This approach would apply two acre feet or 24 inches of sewage per acre. Breakdown of the sewage would be an aerobic process using sun and aerobic bacteria. The current plan would be anerobic as it would be processed without oxygen. Since pharmaceuticals are contained in the sewage it is reasonable to heat it with the process that uses oxygen especially since the state does not require testing to detect the presence of drugs in the clean water supply. Not only are the citizens of Pahrump vulnerable to ground surface contamination, but also aquifer contamination. Just a gasoline spill on highway 160 could be disasterous as in some cases, these releases could be 8,000 gallons of BTEX which would nñn our water source for 50 years. Thank you for your consideration ofthese issues affected by the rules and regulations in question. Sincerely. Joe Markley 2770 E Deerskin St Pahrump, NV