March 15, 2016

Commissioner Carbone

stated the Board could not do anything while it was still in litigation.

Mr. Erbe

said he would like to see the contractor not get permits. Ray Mielzynski said he had sat in the courthouse daily for the last 14 years because he wanted to see what was going on. He asked the Commissioners why every third or fourth week justice court shut down causing things like preliminary hearings to be delayed. Mr. Mielzynski then addressed the sign on the door stating no guns were allowed and suggested the Commissioners remove those signs and let the honest citizens carry guns in the courthouse. Mr. Mielzynski also felt nothing ever happened in district court as trials were set a year in advance, even for people who asked for a speedy trial. Lastly, Mr. Mielzynski pointed out the justice of the peace in courtroom A had not been there for nine or ten months but was drawing a salary. He thought the Commissioners had the authority to appoint someone as a justice of the peace in that courtroom. Andrew Alberti read a statement addressing unfunded mandates and comments made by Commissioners Schinhofen and Carbone to the Government Affairs Committee on how collective bargaining affected the County finances [attached]. Mr. Alberti stated there was an appearance in Nye County that basic management of the County and its affairs and finances was woefully inadequate and bordered on a question of competency. He felt that perhaps it was time for a change in management and five new Corn m issioners. Judith Holmgren presented prostate cancer research regarding the levels of estrogen that men were drinking in the municipal water supply as hormones were not filtered out. She recommended men drink bottled water. Louis DeCanio felt many tax dollars were being wasted by hiring temporary judges to cover for Justice of the Peace Ron Kent who had not shown up for work for many, many months. NRS 450 clearly explained the authority the Board had to appoint someone to fill the vacancy for the remainder of the term, but to Mr. DeCanio it appeared the Board was turning a blind eye to a blatant waste of taxpayer money. Greg Dann said he was not present as the chairman of the Nye County Water District but as the sole individual that read the static water level readings for domestic wells. He addressed the Pahrump Valley Times article of March 11, 2016, “Pahrump Utility Company Debunks Water Myths” and Mr. Hafen’s comment that the Pahrump Valley was not running out of water. Mr. Dann advised when he did a static water level reading 99.9% of the time it was always lower than when the well was drilled. Mr. Dann March 15, 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. wanted the audience to know that the statics were dropping, meaning the valley was losing water and at the present rate it would not be sustainable. Ammie Nelson let everyone know that she had a place where the water could be tested for free, budgetwater.com. She ordered 50 vials if anyone wanted one. Harold Long commented on the changes in regulations in the County since he bought ten acres 40 years ago which he had planned to build three homes and a business on. When he finally moved to the area eight years ago he found out he could no longer subdivide his own land and could not have a business on property where he lived. Mr. Long felt the County had passed so many regulations that it was impossible to do anything in Pahrump. He also felt the people in Pahrump were being discriminated against by the fact that they lived in Pahrump as nowhere else in the County was a building permit required.

Commissioner Carbone

commented there were still State requirements to build anyplace.

Mr. Long

wondered how Dennis Hof was able to build his whorehouse as he knew it was not built up to code.

Commissioner Carbone

suggested that he and Mr. Long sit down and discuss his issues. He expressed his frustration with people coming to the meetings and complaining about things instead of contacting the Commissioners to discuss them.

Mr. Long

wanted to know why soils tests were only good for a year.

Commissioner Carbone

referred Mr. Long to Dave Fanning to talk about that. Daniel Burejsza said the County appeared to have a policy toward growth and yet today the Commissioners heard a number of issues including water and how the court system was overloaded. He cautioned the Commissioners not to promote growth as growth did not pay for itself. Don Cox stated he heard people complaining about what they did not have and what they should have in Pahrump. He knew Commissioner Cox had committed herself to not vote for any tax increases, but if people wanted stuff in the valley the only way to get it was by raising taxes. Mr. Cox thought it was about time that everyone realized that until something happened and this County could thrive again they were stuck with what they had. He did agree that Ron Kent needed to go. March 15, 2016

Commissioner Cox

clarified the motion on item 11 that the house did not have to be removed from the property. It was just removed from the resolution.

Commissioner Schinhofen

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

Commissioner Schinhofen

said he had reviewed the back-up and thought it addressed everything that had been talked about. Suzanne Zervantian said yes and no. First, there was an issue with the agreement as nothing was stated regarding Desert Haven being able to keep the licensing fees, although they had originally proposed they would operate the rabies control program and issue licenses. Vance Payne, Emergency Services Director, stated he was good with supporting what they wanted to do. The money was insignificant but it would impact their organization quite a bit. Maria Zlotek said it was her understanding that the only part of the lease that addressed any involvement with the County’s Title 6 was the custody of dogs mandated by the Nye County Code and NRS to be taken for cruelty or by court order. The County would be responsible for boarding costs and veterinary care. lithe Board would like to add licensing fees pursuant to the resolution she could work verbiage into the lease that those would be kept by the animal shelter.

Ms. Zervantian

clarified the boarding fees listed were only for court-ordered protective custody, so any other animals brought in they would not receive any money for or charge back. The next item of concern was they wanted to make sure there would be a fire safety inspection for their insurance needs. Another question Ms. Zervantian had was about cross liability insurance coverage as their insurance company explained they would not be able to do that. March 15, 2016 42. For Possible Action Discussion and deliberation regarding a lease agreement with Desert Haven Animal Society for use of the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV.-Cont’d.

Ms. Ziotek

asked if the rabies program was in or out.

Commissioner Schinhofen

said it would be in with his motion.

Ms. Zlotek

asked if the boarding fees charged to the County for court-ordered and also pursuant to Nye County Code and NRS when animals had to be taken into custody for animal cruelty charges would be included.

Ms. Zervantian

stated yes, but she was trying to clarify that they would not be charging for any animals brought in by Animal Control.

Commissioner Schinhofen

asked if cross liability was needed as the County was just leasing a building. Angela Bello advised that typically they would be named as an additional insured and she believed part of it would be to protect the building. Leigh Jones from Desert Haven said they read it as they would have to put the County as a co-licensee on their insurance, and that could not be done. The insurance company was concerned that if they put the County on a co-liability they would be insuring the whole County. Ms. Jones then pointed out Section 8.3 which stated the County was providing the maintenance and said the County would be responsible for anything that happened as a result of that maintenance or lack of maintenance.

Ms. Zervantian

noted in Section 16 that the County could terminate with 30 days notice, but there was no reciprocal agreement that both parties had that option.

Commissioner Cox

asked why the County was paying all the utility bills as defined during the initial lease term.

Mr. Payne

explained that Desert Haven was not sure they could cover those expenses and he wanted to give them every opportunity to succeed. Getting the shelter open to the public again he felt was a good payoff. The utilities would be re-addressed at the end of the year and they believed they would be able to run on their own.

Commissioner Cox

stated she would like to see a compromise as the County was paying them to take animals.

Ms. Zervantian

pointed out the County was still paying utilities as there were animals over there. She and Mr. Payne discussed this and if it looked like they were running over what the previous years were they would be responsible for that. Additionally, the County was not paying them to take their animals, only protective custody, and any March 15, 2016 42. For Possible Action Discussion and deliberation regarding a lease agreement with Desert Haven Animal Society for use of the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV.-Cont’d. other animal coming in they would not be reimbursed for and that was what they were agreeing to take on and care for. Ms. Zervantian noted Section 31 needed to be amended as it stated they would be charging the County for all animals coming in and they would not be.

Mr. Payne

said an operational issue was brought up over access to the shelter by Animal Control after hours and he believed that was resolved adequately.

Commissioner Carbone

asked about veterinary care for animals taken in for protective custody.

Ms. Zervantian

said there would be no financial limit on veterinary care and it would be determined on a case by case basis. If the animal was terminally injured or ill and required hospitalization and isolation, the decision would probably be made to humanely euthanize. She felt that should probably be in the contract.

Ms. Zlotek

stated Ms. Zervantian would not to be able to make any decisions regarding animals under court order or cruelty as those animals could not be terminated without a court order.

Ms. Zervantian

said she understood that, but noted in an emergency case like a dog that was in a fight there was a judgment call of what was merciful and it was well documented with pictures and a professional opinion.

Mr. Payne

stated historically that had never been a problem. The District Attorney’s Office did not want to see any animal suffer as long as there was clear documentation from top to bottom.

Commissioner Cox

asked if they would be adopting animals out or waiting three days and then euthanizing them.

Ms. Zervantian

said if the animal came in running-at-large with no owner there was a mandatory 72-hour hold. Adoptions were a separate issue. They could only adopt animals out that were not owned or claimed. She reminded the Commissioners that their mission was to rescue, rehabilitate and permanently re-home.

Commissioner Schinhofen

made a motion to approve the contract with the changes that Desert Haven would not charge the County for dogs held at-large, only for court-ordered held animals; Desert Haven would provide insurance to appropriate levels; licensing fees would be entirely handled by Desert Haven Hospital; and the County agreed to pay up to $20,000.00 for the utilities listed for one year because it was paying it anyway as March 15, 2016 42. For Possible Action Discussion and deliberation regarding a lease agreement with Desert Haven Animal Society for use of the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV.-Cont’d. well as paying people to work there and this would save the County money in the long run; seconded by Commissioner Wichman. Ammie Nelson wanted to make sure that there was an understanding that they would get animals from all over the County, not just Pahrump. The last time animals were brought in from Tonopah it created an overwhelming space problem and she asked about a remedy if that happened again.

Ms. Zervantian

said they would have other locations to temporarily house animals.

Commissioner Wichman

made a motion to extend that allotted time by 60 days from March 8, 2016, to May 8, 2016. She noted there was a deputy in Gabbs and she herself would be there next week. While she was not an inspector of this type of thing,

Commissioner Wichman

felt she could tell the Board if the community felt they were making progress; seconded by Commissioner Schinhofen; 5 yeas. Match 15, 2016 PAHRUMP 15.For Possible Action Discussion and deliberation to move the transportation system from under the auspices of the Regional Transportation Commission to the Town of Pahrump as well as obtaining approval from the Nye County Commissioners for operational funding from Town of Pahrump revenues in an amount not to exceed $50,000.00.

Commissioner Schinhofen

stated the figures in the back-up did not match up. He wanted to postpone this until he saw a clear accounting of all the costs and grants they currently had and what grants they would go after.

Commissioner Carbone

noted the cut-off for a couple of the grants was April. Susan Holecheck, chair of the transportation committee, advised the NDOT grant was issued and the due date was April 15, 2016, with no extension, which was why there was urgency. They needed to submit the budget, but the actual monies would probably not be called for until October or November. There were another 60 grants they would go after to fulfill the total amount being looked at.

Commissioner Carbone

believed the Town of Pahrump could do this activity. Angela Bello said she discussed that with Pam Webster because the Town of Pahrump had its own attorney and she was not sure if this was reviewed. She would like to speak with them as she did not know if the Town of Pahrump had express powers to run a transportation system.

Mrs. Webster

explained they had the power to sponsor grants and it was her understanding that was the action they would take when she spoke with Ms. Holecheck previously, but they would not manage the system at all. An outside contractor would. She confirmed with Ms. Holecheck that she had determined the town could sponsor the grants.

Commissioner Schinhofen

stated he had no problem with sponsoring the grant, but he would like a clearer picture of the total funds the town would be on the hook for if the motion was to move forward with the town sponsoring the grant, but he was not willing to do the $50,000.00. Albert Bass, Mobility Manager, advised the total matching funds would be $145,000.00 and they were fulfilling that amount through other grants and community support. One of the big problems at this particular time was two of the main $50,000.00 grants were mid-cycle and they could not apply for them until the beginning of next year.

Commissioner Schinhofen

said he would go along with whatever the Board wanted to do, but he wanted to see all the costs. March 15, 2016 15.For Possible Action Discussion and deliberation to move the transportation system from under the auspices of the Regional Transportation Commission to the Town of Pahrump as well as obtaining approval from the Nye County Commissioners for operational funding from Town of Pahrump revenues in an amount not to exceed $50,000.OO.-Cont’d.

Mrs. Webster

added this was not considered by the town when they were pulling their budget together. If the Board wanted to consider this in the FYI 7 budget that might be a mote appropriate time to do it given the fact there was not an imminent need for the funding.

Commissioner Borasky

disclosed he was a member of this organization for some time, but over six months ago he severed his ties and had no vested interest in this.

Commissioner Schinhofen

made a motion to approve the Town of Pahrump to sponsor grants but at this point no dollar figures until the Board saw something else and as the sponsor of the grants they would come back to the Board for approval; seconded by

Commissioner Carbone

stated a couple of people called him with questions regarding if these would be round trips, if they would be able to be taken shopping and picked up again, and if they would be able to take their animals to the vet and be picked up again.

Mr. Bass

responded yes to all of those.

Commissioner Cox’s

main question was where people would catch the bus. She also wondered if the $50,000.00 was available at this time.

Ms. Holecheck

said it was an on demand system with door-to-door service.

Mrs. Webster

explained the $50,000.00 was not budgeted clearly this year as the town had no foresight that this would be coming. She thought it would be better to address it as part of the FYI 7 budget and the Board could determine at what level they wanted to participate. There was contingency left in the town budget, but there was nothing budgeted for this project.

Ms. Holecheck

added their plan was to have two buses. One would operate on the north side and one on the south side which would lend itself more to getting help for people with transit needs. Jackie Wondra said she wanted people to keep in mind this would serve the other 33,000 of the population who were not seniors and veterans. Linda Hatley questioned only two buses as she thought there were four. Match 15, 2016 15.For Possible Action Discussion and deliberation to move the transportation system from under the auspices of the Regional Transportation Commission to the Town of Pahrump as well as obtaining approval from the Nye County Commissioners for operational funding from Town of Pahrump revenues in an amount not to exceed $50,000.00.-Cont’d.

Mr. Bass

explained one bus was donated to cover the gap in veterans’ services and the other one was a back-up vehicle. Arthur Jones said when they moved here in June, 1992, there was no transportation for veterans or seniors. The veterans banded together and raised enough money to buy their van. He said they were asking the Commissioners to fulfill their obligation to the veterans in Pahrump and Nye County.

Commissioner Schinhofen

noted the request to change part of the security plan from 24 hour security guards to having guards only when they were open. He confirmed with

Sheriff Wehrly

she was happy with that since they had a security company that monitored the inside and outside of their building.

Commissioner Schinhofen

made a motion to approve the license; seconded by

Commissioner Wichman

. Darrell Lacy, Planning Director, noted the Board was not approving the change in the security plan at this time. They would be required to submit a new security plan.

Commissioner Carbone

asked about the panic button that went to the Sheriff’s Office. Amanda Conner, attorney for the applicant, advised the facility did have several panic buttons, but because there was 24 hour monitoring by their third party company that company was notified and then took the appropriate action.

Commissioner Carbone

wondered about the delay and asked to have it tested to determine response time. March 15, 2016 41. For Possible Action Medical Marijuana Establishment License Renewal Application MM-2016-000015: Discussion and deliberation on a request to approve the annual renewal of the Medical Marijuana Establishment License for a medical marijuana dispensary, located at 1541 E. Basin Avenue, Pahrump. Assessor Parcel #38-241 -23. TGIG, LLC dba The Grove Weliness Center— Applicant.-Cont’d.

Commissioner Carbone

opened the public hearing. Kenny Bent, the appellant, felt this was moved through without enough investigation. Adding secondary effluent into the water supply would add low-level contaminants which probably should be scrutinized. Mr. Bent questioned if it was moral and ethical to add something to the water that was not in there to begin with, was not beneficial and was possibly worse. Angela Bello explained the Board was conducting a judicial review which meant they determined if there was adequate evidence before the RPC to support the findings they made. The Commissioners would need to disagree with the findings and should point to evidence that they had that would support their position. To go outside of the record was not appropriate for review; however, Mr. Bent could point to the lack of evidence presented to the RPC for their review.

Mr. Bent

stated one of his questions at the RPC meeting was how the RPC could have been in a position to look at the documents that were basically design criteria for this project and approve it. The documentation from NDEP said they shall drill to the aquifer and characterize each of the stratas. Also in the documentation it was never acknowledged where the water level was. Mr. Bent believed NDEP said it was 70 feet, but the documents from Valentine Engineering showed it was historically between 30 and 40 feet, and Greg Dann tested and established around 50 feet. The major thing absolutely missing in the back-up was the consideration of what happened when March 15, 2016 8. 11:00 For Possible Action AP-2016-000006: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d. effluent was put in the water and the overall conclusion was there was no possible way to determine the long-range effects.

Commissioner Carbone

asked if there was something in the RPC’s decision that was different with the testing.

Mr. Bent

said it was the site conditions. Of the eight considerations they looked at as to why they approved the permit, he did not believe numbers 3, 4 and 6 applied. Condition 3 was that the use would not be hazardous or disturbing to existing or future neighborhood uses, but Mr. Bent pointed out it was not very far down gradient from where there were domestic wells.

Commissioner Carbone

asked Mr. Bent if he was saying there were no wells to monitor this.

Mr. Bent

said in the back-up the closest well protection area was 3,900 feet away, but they were talking about commercial and public wells with no consideration whatsoever for private wells.

Commissioner Schinhofen

commented he checked and it was three-quarters of a mile down gradient to the domestic well.

Mr. Bent

said it was just a mailer of time until the plume reached that. He then stated he disagreed that the conditional use would not potentially create excessive additional requirements at public cost for public facilities and services as both of those were unknowns. He believed the potential costs in the future would be health-related and there was not enough information given during the meeting about that. Mr. Bent pointed out there were eight states that frowned on putting effluent or other contaminants into sole source aquifers and his whole point was that information was not made available. Dave Caudle said he was at both the RPC and the Water District Governing Board meetings and he never saw the Valentine report. It talked about the tests ran and Mr. Caudle did not think any of the gentlemen on the board really analyzed what that said or were qualified to make such a monumental decision if it would impact the groundwater or not. They were going by documentation supplied by Utilities, Inc. If he was on the board he might have done the same thing, but Mr. Caudle thought it should have been looked at by a good engineering firm working for the County Commission to make that determination and not by somebody from Roads and Grounds. Mr. Caudle felt pulling partially treated effluent into the pristine drinking water in the valley was not good stewardship. March 15, 2016 8. 11:00 For Possible Action AP-201 6-000006: Public hearing, discussion and - — deliberation on an Anneal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-201 5-00001 0-Cont’d. Shane Navarra said any time partially treated sewage water was put outside of an aquifer it had time and distance to get back into it. The information provided did not give an adequate answer as to the left behind solids, which put the whole report in question. He wondered what the 30 or 40 year environmental impact was. If it was not potable water Mr. Navarra felt it should not be out there unless there was a way to prove that material could not make it to everybody’s water source. John Bosta talked about a California Supreme Court decision that a liner in a pond would leak into the ground.

Ms. Bello

cautioned that was different than saying the RPC did not have adequate information. To make a general statement that they should have considered pertinent case law was one thing, but to go where Mr. Bosta was going was outside this Board’s purview. Dwight Lilly did not believe that the Commissioners had the expertise to determine whether or not the RIBs should be approved. He disagreed with the findings that it would not be hazardous or disturbing to existing or future neighboring uses; that it would be a substantial improvement to property in the immediate vicinity and the community as a whole; that it would not create excessive additional requirements at public cost for public facility services; and that it would not be detrimental to the economic welfare of the community. Mr. Lilly stated there was no evidence supporting those presented at either the RPC hearing or in the back-up today. He also pointed out that there were no insurance requirements or bond put on this situation. Darrell Lacy verified for Commissioner Schinhofen that the RPC looked at land use as well as the location of the RIBs and then appropriate conditions for approval. He also confirmed that NDEP was responsible for the water quality that went into the RIBs.

Commissioner Schinhofen

stated this appeal was about land use and all of the data and doubts the public had needed to be addressed to NDEP. Herman Payne said he had lived in Pahrump for 24 years. The five Commissioners were elected to represent the public and four of them knew that putting the water back in the ground was bad for them since they drank bottled water. Brenda Burt noted that as a land use issue the Pahrump Regional Planning Commission’s staff report asked the question if the proposed project’s land use would potentially cause or contribute to the degradation of groundwater quality and/or was the proposed land use considered a contaminant source. The answer was yes and to Ms. Burt that signified this was not an appropriate land use. She said the Commissioners Match 15, 2016 8. 11:00 For Possible Action AP-2016-000006: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d. had three options today and she would not understand any decision other than to vote for a repeal of the RPC’s decision.

Mr. Lacy

explained the Planning Department did a source water protection plan which was completed in 2012. It looked at all of the public water systems in the County and identified many potential sources of contamination. The recommendations from staff looked at and approved as part of the RPC back-up were to mitigate the risk and make sure there was ongoing monitoring as well as allowing the County to take any samples. Additionally, the gentleman from NDEP stated his approval process was to ensure that there was no degradation in the quality of the water and in his opinion this would not provide any degradation of the water quality in the valley.

Commissioner Wichman

said she was getting the impression that people were confused between injection and infiltration.

Mr. Lacy

said that was correct and this was not an injection well. This was a RIB.

Mr. Bent

stated this was taking all the things the wellhead protection plan was guarding against and putting it in the aquifer. He did not believe it was within the scope of the RPC to make the decision that it was perfectly fine to put it where they did. Greg Dann said the last page of the back-up was a letter from an attorney in Newport Beach, California, and they were against the installation of two RIBs on Willow Creek. He visited their Web page which stated their success principle was stability through controlled growth and consistent hands-on management. Mr. Dann stated he had not seen controlled growth in Pahrump in a long time. Additionally, Mr. Dann did some investigating on NDEP and learned about their very lax criteria. He wanted to make it clear that Pahrump was not one of the long-term water quality monitoring sites in the State. Andy Alberti said he read an article about a power failure that affected not only San Diego, but also Arizona and the California Baja. The result was the sewage processing plant could not function and they were dumping raw sewage into the bay. Mr. Alberti asked if the company that ran the utility had the capacity to continue to function and whether that was a possibility here. Don Cox said he kept hearing the word potential and to him that was a scary word, especially when it came to this. He did not think this should be approved if there was the potential for it to affect the water. March 15, 2016 8. I 1:00 For Possible Action AP-2016-000006: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d. Daniel Burejsza questioned why this issue did not go through the water board as their mission statement was to look at the water.

Commissioner Schinhofen

commented it was on their agenda twice.

Mr. Burejsza

said it was not approved by them yet it proceeded.

Commissioner Carbone

stated they made no decision.

Mr. Burejsza

thought the RIB issue was to promote growth. Leslie McQuade thought the decision was hasty and wanted it rescinded. Tina Trenner knew a lot of people in the room were extremely competent and knew what the facts were. She thought it was condescending and insulting to say to them that they did not know what was going on.

Commissioner Wichman

clarified she was asking a question of Darrell Lacy if there was some confusion between injection wells and RIBs and she was answered. David Griffin said a whole lot of people were nervous about their wells and he had not heard one word to reassure them. Herman Lewis said this was a land use issue, but he believed it should be revisited as mistakes were made. Diane Marie Holguin felt the water issue should be left to professionals, not to the people. Linda Hatley hoped the Board appealed this and it went back to the table as a lot of people felt it needed to be placed somewhere else with more land for filtration. Dean Brooks thought the RIBs were somewhere between injection and irrigation. He said there could be unintended consequences and this should be stopped and taken care of at a later date when more information was available. Wendy Barneff, president of Utilities Inc., stated it was their request for the RIBs. As far as land use, the land was being used exactly the same way with the RIBS as without the RIBs. The water went to the property and percolated through the ground and a RIB actually increased the filtration. Match 15, 2016 8. 1 1:00 For Possible Action AP-2016-000006: Public hearing, discussion and deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d.

Ms. Bello

repeated that the issue was if the RPC had adequate information to make the decision.

Ms. Barneff

indicated they did because they had the engineering report, the NDEP reports, and they knew it had been through the PUC and engineers. Commissione r Hafen specifically brought up the report several times about the soils and the thorou gh investigation done on this property. Ms. Barnett stated it was still the same land use as it had been for 20 years and putting the RIBs in was to clean up the mess from the prior property owner. If anyone wanted to speak with her after the meeting so she could reassure them since she was also On a domestic well as to why this did not harm the aquifer Ms. Barnett would be happy to do that. Laura Granier, outside counsel for UICN, pointed out that staff and the RPC made findings absolutely consistent with Nye County Code 17.04.920(l). What the Commissioners were hearing today was a lot of speculation and a lot of potential, which was not evidence. The legal standard was to determine whether the decision of the RPC was based upon substantial evidence, and Ms. Granier felt there was an abundance of evidence to support the underlying decision on the land use.

Mr. Bent

stated a lot of this was contingent upon NDEP standards, which protected public water, not private wells. As far as the degradation of the ponds, Utilities, Inc. bought those 160 acres that they needed to mitigate anyway, but they did not have a permit for percolating effluent in the ground. Concerning the report itself, Mr. Bent pointed out there was a conflict with the report from NDEP and the fact that they were required to drill down to the water table and identify the strata and take a bigger look at the picture. He requested the Board rescind the decision and deny the conditional use permit largely because of the way it was done.

Ms. Barneff

advised they were permitted for RIBs to percolate at this time by NDEP . Fred Holme said the permit was in error as they did not filtrate the effluent as it was required to be filtered so it was not as clean as they said it was.

Commissioner Schinhofen

read Nye County Code Section 16.36 which stated when acting on the appeal of a decision made by the planning commission the board shall grant to the planning commission’s decision a presumption of correctness placing the burden of persuasion of error on the appellant. Commissioner Schinhofen did not feel the appellant gave any facts that this was not the proper place to have RIBs. Most of his statements and all the other statements had been about “what if.” Commissione r Schinhofen also knew NDEP protected the waters of the state, meaning all waters, including the waters that went into the aquifer. March 15, 2016 8. 11:00 For Possible Action AP-201 6-000006: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d.

Commissioner Schinhofen

made a motion to uphold the decision by the Planning Commission; seconded by Commissioner Wichman.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

amended his motion to uphold the decision by the Planning Commission with the facts that this was a land use issue and the concerns brought up need to be approached with NDEP; Commissioner Wichman amended her second.

Commissioner Cox

stated her disagreement with the motion. She felt there was a lack of evidence submitted to the RPC and no one had proved to her the aquifer would not get contaminated. She was also concerned about the County being sued in the future. She had been in contact with various agencies and Robert Weimer from the Bureau of Water Pollution Control said it was up to the County to make the decision as once they issued the permits they had nothing more to do with it.

Mr. Lacy

advised they did check on it. The permittee was required to submit quarterly monitoring reports to NDEP which were reviewed on a periodic basis. As part of the RPC approval they had to share those reports with the County so the County would now get those from UICN. There was also an ongoing process for monitoring the quality of the water coming from the sewer plant as well as around the RIBs

Commissioner Borasky

made a motion to deny without prejudice based on his belief that the RPC did not have adequate evidence to support finding 4 that the RIBs would be a substantial improvement to the property in the immediate vicinity and community as a whole. The RPC had a staff report pointing out there was a high risk that could potentially cause or contribute to the degradation of the groundwater quality or be considered a potential contaminant source. Commissioner Borasky did not believe the RPC adequately considered or gave enough weight to the risk the RIBs could have on the groundwater quality. He also did not believe the RPC had enough information about the project’s potential risk to domestic wells in finding 4 and therefore he would deny without prejudice; seconded by Commissioner Cox. Since it was without prejudice, Commissioner Carbone asked Commissioner Borasky if he was giving them the ability to reapply immediately or if there was a period of time. March 15, 2016 8. 11:00 For Possible Action AP-2016-000006: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d.

Commissioner Wichman

pointed out there was a vote and it was killed so it had been denied. That meant the RPC could look at it again if they wanted to, but they did not have to.

Commissioner Borasky

said they could reapply whenever they wished to. If the Commissioners did it with prejudice then they could not.

Commissioner Wichman

said that was not part of the motion made by Commissioner Schinhofen that she seconded which failed.

Commissioner Cox

withdrew her second.

Commissioner Borasky

withdrew his motion. The Board was in recess until 3:00 p.m. 5. Announcements (first)

Commissioner Schinhofen

said May 6-8, 2016, was the Wild West Extravaganza and Bluegrass Festival. The grand opening of The Grove, the County’s only dispensary, would be on March 17, 2016.

Commissioner Borasky

said he would travel to the Veterans Village in Las Vegas on Friday to look at their set up. They had a converted conex container for individuals to live in and he wanted to get information on that to see if it was something to utilize in Pahrump.

Commissioner Wichman

attended a workshop of the NACO Emeritus Committee for Local Government Finance last week in Carson City. She came back with a couple of ideas which she passed on to Pam Webster. Commissioner Wichman then announced she signed up to run for office on Monday.

Commissioner Cox

stated she also signed up to run again. Sam Merlino informed the Commissioners of a new nuisance in Gabbs which would be on the March 29, 2016, teleconference to determine how they wanted to handle it. Also, her office had processed probably 1,500 new voter applications in the last eight weeks.

Commissioner Carbone

said he had been invited to a roundtable at Dean Heller’s office on Friday at 11:00 a.m. to talk about veterans incarcerated and their medical activities. March 15, 2016 5. Announcements (first)-Cont’d.

Commissioner Wichman

suggested appointing someone to attend the presentation being given tomorrow of Robert Wood Johnson’s study on healthcare. Pam Webster said she had asked Maureen Budahi to attend as the Public Health Officer, but she was unable to so Mrs. Webster would try to go. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Wichman

said she may have to impose on the Commissioners for a special meeting if some of the things she was working on came together. CLERK 28. For Possible Action Discussion and deliberation to appoint two (2) members to the Pahrump Library Board due to two (2) expiring terms.

Commissioner Schinhofen

made a motion to appoint Canton McCaslin and Bobby 0. Edwards; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 9. For Possible Action General road report by Public Works Director Dave Fanning, Public Works Director, relayed that the Manhattan road project would be reverted back to the original design plan and criteria the County submitted two and a half years ago, which was just paving the existing roadway. It would be 28 feet wide with two down slopes and NFLAP would redesign the grade elevations. The County would submit a new SF299 to the BLM to show them the plan and reversion back to the original submittal and approval from N FLAP. Tim Carlo from Public Works said the cul-de-sacs on Calvada were currently scheduled on the road report for this week but had to be pushed off until next week.

Commissioner Cox

stated there was another street like that near River Plate between Moose and Deer that had big holes in it too. March 15, 2016 9. For Possible Action - General road report by Public Works Director-Cont’d.

Mr. Carlo

added they had Gamebird dug out and excavated down to Barney. There was still a lot of equipment out in the roadway so people should use caution.

Commissioner Cox

asked if they were widening Gamebird as it was graded hugely.

Mr. Carlo

explained that was overbuild for the shoulders.

Commissioner Carbone

commented how the weather and heavy trucks beat up the roads. He hoped during the next RTC meeting they could discuss Bell Vista and using County Code 12.12 as well as possibly getting the highway patrol to help out by doing scale tests on some of the trucks going in and out. Some of the weights on the roads may also need to be changed until they were repaired.

Commissioner Borasky

said he had received three e-mails in the last two weeks from people anxious to see the roundabouts built and he asked when they would start.

Mr. Fanning

said Commissioner Borasky should talk to Planning since they would know more than he did as they initiated the contract and everything.

Commissioner Schinhofen

stated he was told by Lee Bonner, the government liaison, that it would start in 2016 and finish up in 2017. Darrell Lacy added he heard they were having a little difficulty with some of the right-of- ways and it got pushed back a few of months. He would try to get an update.

Commissioner Borasky

said when it got close he would like to have a couple of training classes for people to better understand how to negotiate a roundabout.

Commissioner Borasky

advised of a pothole at 1610 Bruce which was about 18 inches in diameter and growing. The person who lived close to it hit it and would like Public Works to take a look at it. He also mentioned the crossover on Manse Road at Highway 160 and how deep the trench that went through there was getting. Commissioner Borasky then pointed out the fence was knocked down at Pahrump Valley Boulevard and Gamebird again and asked what could be done to prevent that.

Mr. Carlo

stated they had put rumble strips in and after this last one they added more rumble strips along with yellow flashing lights on the ‘Stop Sign Ahead” sign, lights on the fence, and burning the word “stop” on the pavement.

Commissioner Borasky

said people were getting really confused with the two little roundabouts right outside the Eye because some of them have arrows that indicate to turn but the toad was not curved right. He suggested adding another arrow on each side. March 15, 2016 9. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Wichman

expressed her thanks for the repair on Pablo Road.

Mr. Fanning

stated he just found out that the DMV side of things had not been logging in the County’s nine cents from January. He had re-contacted everyone and made sure the additional five cent increase was drawn on from January to now so the County should start seeing that in the reserves. He said they were also seeking more information on some of the gas stations in Tonopah since there was a new one there now.

Commissioner Carbone

asked about the covered load signs. The only signs he saw were on Mesquite on the other side of Highway 160 going up to the landfill and there was nothing on Mesquite on the other side. He did not know if the County should work with NDOT to get some signs on their right-of-way.

Mr. Fanning

advised when NDOT did the widening toward the landfill they had taken them out. They would do a permit and start posting them.

Commissioner Cox

said on the corner of Mesquite and Highway 160 there was a street sign there all bent up because a garbage truck hit it.

Mr. Fanning

said NDOT had advised that since they were coming through with the widening they would not replace any signs until that was done. If someone saw something that was not put back up NDOT would have to be told. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. 8. 11:00 For Possible Action —AP-2016-000006: Public hearing, discussion and deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-201 5-00001 0-Cont’d. Angela Bello said she had procedural concerns about how item 8 ended. There was a motion to affirm which failed, and it seemed Commissioner Borasky attempted to make a motion to reverse which did not happen. It appeared to her that there was a thought that the Board did not need to do that because the failed motion automatically reversed it. Ms. Bello did not know if that was the case and while items were not typically reopened, she thought a motion to clarify that one item would be okay. If it was left as it was she was concerned that the decision stood because it was not reversed.

Commissioner Wichman

noted the motion was to uphold the RPC decision, which was seconded and failed. There was no motion to modify and even what Commissioner Borasky brought up did not intend to modify. The only option left was it was reversed. March 15, 2016 8. 11:00 For Possible Action AP-2016-000006: Public hearing, discussion and - — deliberation on an Appeal of the Pahrump Regional Planning Commission’s approval of Conditional Use Permit Application CU-2015-000010-Cont’d.

Ms. Bello

understood that by failing to affirm it was implicitly reversed and she could argue that, but her staff was of the opinion that it did not. After polling the Commissioners as to their understanding of the action, Ms. Bello recommended putting the motion back on the floor so there was no question and it was procedurally clean.

Commissioner Borasky

made a motion to deny based on not believing the RPC had adequate evidence to support finding 4 that the RIBs would be a substantial improvement to the property in the immediate vicinity and the community as a whole. The RPC had the staff report pointing out there was a high risk that the project could potentially cause or contribute to the degradation of groundwater quality or be considered a potential contaminant source. He did not believe the RPC adequately considered or gave enough weight to the risk these RIBs could have on groundwater quality or that the RPC had enough information as to the project’s risk to domestic wells to make finding 4 so Commissioner Borasky made a motion to deny without prejudice; seconded by Commissioner Cox; 3 yeas. Commissioners Wichman and Schinhofen voted no. COUNTY MANAGER 33. For Possible Action Discussion and deliberation regarding a lease agreement with Life Guard International, Inc. for the purposes of storage, maintenance, and operation of a fixed-wing air ambulance to provide emergency and non-emergency air medical transportation.

Commissioner Wich

man made a motion to approve; seconded by Commissioner Cox. Lorina Dellinger advised of a minor correction needed on the legal description. The township, range and section were correct, but the 5.94 acreage needed to be changed to 1.84 acreage to mirror the Pegasus lease agreement.

Commissioner Borasky

asked if there were plans for them to sublease property as it was mentioned in the document. Mrs. Dellinger had not been made aware of anything like that.

Commissioner Carbone

understood this was a subleased item to Scoccia at one time. Pam Webster clarified Scoccia owned the hangar and leased it to Life Guard for a lease rate of $3,000.00 a month. She explained Life Guard had requested the lease rate of $1.00 per year and they agreed to make major improvements and do maintenance on the hangar. They would also reimburse the County for the repair done on the door for the plane once the lease was signed. March 15, 2016 33. For Possible Action Discussion and deliberation regarding a lease agreement with Life Guard International, Inc. for the purposes of storage. maintenance, and operation of a fixed-wing air ambulance to provide emergency and non-emergency air medical transportation.-Cont’d.

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. BROTHEL 10. For Possible Action Discussion and deliberation regarding approval of an additional Managerlkey Employee for an existing Brothel License issued to Chicken Ranch, Kenneth Green, 10511 Homestead Rd, Pahrump NV. Kenneth J. Rhodes, Applicant.

Commissioner Carbone

made a motion that all the paperwork was in order, fees were paid, and the background checks had been done and he saw no reason to stop them from receiving this license; seconded by Commissioner Schinhofen; 6 yeas. GAMING 11. For Possible Action Discussion and deliberation regarding approval of a Gaming License for Low, Low Liquor & Mini Mart, 1021 E. Gamebird, Pahrump. NV. Lalith Mohotti, Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 19. For Possible Action — Approval of Elected Official Collection Report

Commissioner Schinhofen

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

Commissioner Wichman

; 5 yeas. March 15, 2016 20. For Possible Action — Approval of Assessor’s Office Change Requests

Commissioner Schinhofen

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

Commissioner Wichman

; 5 yeas. 21. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, June 21g 2016 in Pahrump, Nevada.

Commissioner Schinhofen

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

Commissioner Wichman

; 5 yeas. 22. For Possible Action Approval to apply for the Substance Abuse and Mental Health Services Administration (SAMSHA) grant for the Fifth Judicial District Adult Drug Court program in Pahrump.

Commissioner Schinhofen

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

Commissioner Wichman

; 5 yeas. 23. For Possible Action Approval to ratify the application for the 2016 Division of Child and Family Services. Victims of Crime Act (VOCA) Grant to provide current Nye County Sheriff’s Office staff training.

Commissioner Schinhofen

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

Commissioner Wichman

; 5 yeas. PAHRUMP-Cont’d. 12. Committee Reports There were none. 13. Business Recognitions There were none. 14. Ambulance Services Report This item was removed from the agenda. 16. For Possible Action Discussion and deliberation to enter into a Memorandum of Understanding with the Board of Regents of the Nevada System of Higher Education on behalf of Great Basin College and the Town of Pahrump for the purpose of providing EMT educational training.

Commissioner Schinhofen

was not present. March 15, 2016 16. For Possible Action Discussion and deliberation to enter into a Memorandum of Understanding with the Board of Regents of the Nevada System of Higher Education on behalf of Great Basin College and the Town of Pahrump for the purpose of providing EMT educational training.-Cont’d.

Commissioner Wichman

wondered if this item and item 18 were in conflict or competition with each other. Pam Webster advised one was with lnyo County and one was with Great Basin in Nevada. Both were ride along programs with the fire department and enabled their students to have practical application after completing their course work. They were not competing with each other.

Commissioner Borasky

said he was not clear who would insure the students.

Mrs. Webster

said the students did not drive vehicles and because they were volunteers for Nye County they were already covered under the County insurance. She had checked with POOL/PACT on that because she had the same concern.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. 17. For Possible Action Discussion and deliberation regarding amendments to the Town of Pahrump’s Employee Personnel Manual and matters properly related thereto.

Commissioner Wichman

made a motion to approve: seconded by Commissioner Borasky. Tim Hafen felt not allowing the town manager, the tire chief and the buildings and grounds manager to drive their vehicles home was very shortsighted. Pam Webster explained this was just authorizing the town manager to make the decision and there was no intention to change the status.

Commissioner Schinhofen

made a motion to approve the Memorandum of Understanding: seconded by Commissioner Wichman; 5 yeas. March 15, 2016 COUNTY MANAGER-Cont’d. 30. Ongoing Project Report The report was in the back-up. Commissioner Carbone confirmed with Pam Webster that there would be a report on businesses in April. BOARD OF COMMISSIONERS 27. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 2421 Hacienda Street, Pahrump, Nevada as determined by the Board of County Commissioners on February 16, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 201 6-04, adopted on February 16, 2016.

Commissioner Schinhofen

said the plan looked fine to him and if the Board accepted it the gentleman would have 60 days to finish.

Commissioner Schinhofen

made a motion to approve his plan; seconded by

Commissioner Carbone

; 5 yeas. COUNTY MANAGER-Cont’d. 31. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County submits for the 2017 Legislative Session.

Commissioner Schinhofen

stated he would like to have the same deal the State had with its employees that they could not collectively bargain, but he knew there were other pressing issues. Pam Webster explained there were four areas they wanted to concentrate on for BDRs, which was a sizable undertaking for staff. She was hoping a sponsor on the Board could be assigned to work with staff so there could be some guidance on the direction. She outlined the four areas as the public safety sales tax, animal services, the hospital district, and fire and ambulance for rural areas.

Commissioner Wichman

said she had been told by a couple of legislators that any request to change 450 was going to meet with resistance from both Clark and Washoe Counties, however, she had mote than one solution to propose to the Legislative Committee on Healthcare. As she suspected she would get help on that from one legislator, Commissioner Wichman suggested removing it from the list unless she came back.

Mrs. Webster

suggested keeping it on the list so they tracked it with Commissioner Wichman. Match 15, 2016 31. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County submits for the 2017 Legislative Session.-Cont’d.

Commissioner Schinhofen

asked about animal services.

Mrs. Webster

said it was about the reimbursement of costs to keep dogs in protective custody. Just as a calculation she sat down and looked at the 70 dogs that were taken into custody for cwelty. At $15.00 a day the total would have been $883,000.00, but the NRS limited reimbursement to two weeks.

Commissioner Schinhofen

said he would shepherd that one.

Commissioner Carbone

said he would do the half percent sales tax.

Commissioner Wichman

reminded the Commissioners the County only got one BDR so through their championing of these items they should try to persuade a legislator or committee to use their BDR.

Commissioner Borasky

stated he would take the fire and ambulance for rural areas.

Commissioner Cox

said she would like to do away with the unions.

Commissioner Schinhofen

advised he was still going to try to get a legislator to carry that.

Commissioner Cox

said she would have liked to help champion taking back the state from the federal government.

Commissioner Wichman

stated she spent a year on that subcommittee. The Legislature took action in 2015 and it was sent to the federal government in bill form. EMERGENCY MANAGEMENT 34. For Possible Action Discussion and deliberation regarding an agreement between Clark County School District and Nye County for the donation of surplus personal property.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. March 15, 2016 FINANCE 35. For Possible Action Discussion and deliberation regarding the Corrective Action Letter for the Annual Audit Report for Fiscal Year ending June 30, 2015 to be submitted to the Department of Taxation.

Commissioner Schinhofen

made a motion to send it.

Commissioner Wichman

stated she had not seen the letter. The Board took a brief recess to review the letter.

Commissioner Carbone

seconded the motion to send it; 5 yeas. 36. For Possible Action Discussion and deliberation to make a determination whether or not sufficient financial resources are available to increase the compensation of elected county officers pursuant to Senate Bill No. 482.

Commissioner Schinhofen

did not see any way with the County’s financial situation to be able to raise the elected officials’ salaries.

Commissioner Schinhofen

made a motion that the County did not have the financial resources to increase to those levels at this time; seconded by Commissioner Wich man; 5 yeas. HEALTH & HUMAN SERVICES 38. For Possible Action Discussion and deliberation regarding a request to accept funding revenue in the amount of not to exceed $17,000.00 from Nevada Housing Division Welfare Set-Aside Program. Agreement to run from July 1, 2016 through June 30, 2017.

Commissioner Schinhofen

made a motion to accept; second by Commissioner Wichman; 5 yeas. March 15, 2016 PLANNINGIBUILDING 40. 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. 201 6-04: A Bill proposing to amend Nye County Code pertaining to Medical Marijuana Establishments; 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

explained this was to reopen the marijuana medical laws to see about how to dispose of extraction, look at disposals, and other licensing requirements.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time, and location for Nye County Bill No. 2016-04 as April 19, 2016, at 11:00 a.m., in the Board of County Commissioners chambers; seconded by Commissioner Wichman. Darrell Lacy said from a procedural perspective they needed the water impact plan and security plan reviews about 60 days prior to that date.

Commissioner Schinhofen

read the title of the bill into the record. COUNTY MANAGER-Cont’d. 32. For Possible Action Discussion and deliberation to appoint an interim Comptroller effective March 25, 2016.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen. Pam Webster pointed out the motion needed to include who was being appointed.

Commissioner Wichman

amended her motion to approve this and appoint Pam Webster; Commissioner Schinhofen amended his second.

Commissioner Carbone

noted the 90 days would be waived if it was an issue. Dwight Lilly wondered what qualifications were being considered for appointing an interim comptroller. March 15, 2016 32. For Possible Action Discussion and deliberation to appoint an interim Comptroller effective March 25, 2016.-Cont’d.

Commissioner Carbone

advised the person who was being appointed had been a finance manager for many, many years.

Commissioner Schinhofen

made a motion to waive the 90 days; seconded by

Commissioner Wichman

; 5 yeas. FINANCE-Cont’d. 37. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections and possible actions.

Commissioner Schinhofen

made a motion to accept additional documentation from the County Manager; seconded by Commissioner Wichman; 5 yeas. Pam Webster began her review with the revenue. Displayed was the FYI 5 actual, the FY16 budgeted revenue, and the FY17 projection. The hole in the FY17 revenue projection was the net proceeds line because that was the year none would be received. Mrs. Webster stated at the current ending fund balance, exclusive of the committed ending fund balance, the shortfall looked like it was around $1.5 million, which was decidedly better than what was looked at before. On the expense page, Mrs. Webster noted the current salaries and benefits had been projected forward, including an anticipated increase of the health insurance premium and step increases with provisions for the Clerk for the election and some fixed costs in maintenance agreements. The total was $1.15 million, which was down to about a 5.45% reduction versus the 6% to 7% looked at previously.

Mrs. Webster

said there was no recommended action today because she would not get the final revenue projections from the State until March 25, 2016. On the first meeting in April she would have the complete normal budget presentation with the updated information for this year’s revenue projection, an ending fund balance, and then what that might do to help offset the shortfall. This was the first time she saw this also and it was encouraging, and there had also been good results from the 90 day waiting periods. It was also encouraging to her that by achieving a balanced budget in FYi 7 March 15, 2016 37. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections and possible actions.-Cont’d. with zero net proceeds meant the County would be able to use net proceeds in the future, not rely on them.

Commissioner Wichman

commented that the PILT payments had also been approved at a higher rate.

Mrs. Webster

stated her concern was they paid the final portion of the FYI 5 in lieu taxes in FYI 5 and she was afraid they were going to say they already paid this much and reduce it. She asked Finance to verify that when in fact they did classify it as the final payment of FYI 5.

Commissioner Cox

asked if the County ever recovered the $4.5 million from the lawsuit on the Blagg Road project.

Mrs. Webster

advised it went back to where it was originally taken from, the endowment fund, and a portion of it went to the general fund. Dwight Lilly expressed concern about hiring people at a lower step level than the people they were replacing. He asked if those step levels were frozen or if some of them would go up another step and their income raised.

Commissioner Carbone

said not unless they got a promotion.

Mr. Lilly

noted the number of lawsuits pending against the County right now and wondered if those were accounted for in the projections as it could be hundreds of thousands of dollars.

Commissioner Cox

asked what account the deductibles came out of when the County had to pay things like that.

Mrs. Webster

said the miscellaneous overhead line in the general fund. BOARD OF COMMISSIONERS-Cont’d. 24. 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.

Commissioner Schinhofen

made a motion to adjourn to closed; seconded by

Commissioner Cox

; 5 yeas. March 15, 2016 25. Closed meeting, pursuant to NRS 288.220 for purposes of confer ring with the County’s management representatives regarding labor negotiations, issues and other personnel mafters. The Board was in a closed meeting. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Schinhofen

asked about the committees for the other ones if they got through.

Mrs. Merlino

explained she could not publish for the committees until the petitions got turned in so there would be a short timeline for those, but as soon as this question was on the agenda she could get those committees together.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2016. (Y

Chair Ny

Cotkty Clerk / Deputy O3//1( Subject: Richland Estates Located 6 miles north of town off of Harris Farms Road The plan was for M&M Construction AKA Classic Homes to build 473 new homes. Only 44 homes were completed due to economy down turn. The homes were built in 2005-2006. Mr. and Mrs. Erbe bought their home in 2009. Their home developed cracks in 2011 in the walls and ceilings due to poorly compacted soil under the slab resulting in the home sinking. Russ Meads at M&M Construction was contacted in 2011 and was informed of the faults. Mr. Meads did nothing to resolve issue. Where are the permits, inspections, soil testing, and bonding that was required?

Mr. Erbe

contracted a construction defect lawyer. A Chapter 40 law suit was begun in November 14, 2012. Fast forward....Today, there is no action by Russ Meads to settle any claims to the 14 litigates in the law suit. In fact, he has declared personnel bankruptcy (Chapter 7) in January 2012. to try to avoid any responsibility to the home owners Russ Meads, owner of M&M Construction is working at the Spring Mountain Motor Resort were Million-dollar homes, hotel, theater, restaurant, and retail stores are planned. Mr. Meads is referred as 1 U a “consultant” on this project, yet he and his brother, Jeff are applying for a contractor’s license. Our attorney has come to the Pahrump courts to try to get a court date for this action. The judge assigned has refused to litigate, and in fact, she is pushing the court date to the maximum time allowed by law to the five years. The judge stated in court that she is overwhelmed with criminal cases and doesn’t have time to hear this case. She is also a race car enthusiast, and has admitted to owning a place close to the race tract. Seems like a conflict of interest and she should recuse herself. State law requires construction defect cases to be heard ASAP if any of the litigants are over the age of 75. This delay is causing the cracks to worsen. Where is the builders integrity to respect the commitment to build the best homes possible or accept the responsibility to correct the faults The town also has some responsibility because in 2005 permits, inspections, soil testing and a bond were required. Maybe some people did not uphold their job duties. In addition, the roads are cracked and have considerable sinking. The subdivision was never completed; therefore, the roads were never turned over to the town. The subdivision will never be completed. What happened to the surety bond? Dwight, Thanks, 2 - o/tIit Recently we were informed by Commissioner Borasky that unfunded mandates were the problem in the Nye County finances. In a 60 million budget it amounted to 7.2 million or thereabouts. STATE UNFUNDED MANDATES PER COMMISSIONER BORASKY ANNUAL AMOUNTS MISCELLANEOUS OVERHEAD (10101) Behavioral Health 83,187.41 Child Protective Services 342,467.00 Developmental Services for County Youth 4,000.00 Pre-sentence Investigation 757,329.00 Youth Parole Services 39,562.00 Health & Human Services (10284) 50/50 (FY75 amount billed) 410,000.00 Juvenile Probation (10230) China Springs Youth Camp 90,775.00 Total 7,157,327.62 Then I read the following comments which were presented to the Government affairs committee at the State of Nevada April 07, 2015.. “Dan Schinhofen, Commissioner, Nye County: April 7, 2015 Page 28 I am a county commissioner representing Nye County, or as a January 2015 USA Today article called us, “The Poorest County in Nevada.” I am here to speak in support of A.B. 280. While Nye County supports the bill in its entirety, I want to limit my remarks to section 3 of the bill. But before I do, 1 want to share a little information about Nye County. We are the third largest county in the United States, 18,000 square miles in size, with about 45,000 residents. Of that vast land area, 98 percent is owned, controlled, or managed by the federal government, leaving only 2 percent from which we can derive revenues to provide services to our citizens. Our ten communities, several with fewer than 50 residents, are spread out from the extreme north, bordering Churchill, Lander, Eureka and White Pine Counties, to the extreme south, bordering Clark County. The National Association of Counties’ 2014 Economic Tracker reported perfect zeroes for Nye County in jobs recovered, unemployment rate recovered, gross domestic product recovered, and home prices recovered. Collective bargaining for government employees is a privilege granted by legislation and not the right it seems to have turned into. In Pahrump, every economic indicator we have seen leads us to the conclusion that we have not bottomed out there yet. While our general fund revenues have reset to 2005 and we struggle to provide services with significantly reduced revenues at today’s inflation and costs, collective bargaining agreements have forced employee salaries and benefits higher and higher, until today they consume 80 percent of our budget. Passage of A.B. 280 would, in part, allow the county to notify bargaining units that we do not Page 1 of 3 intend to negotiate, although in Nye County’s case, that we simply are not in a financial position to negotiate. Chairman Ellison: Ate you saying that tight now you do not have the right to go in and negotiate? Dan Schinhofen: When we negotiate, it ultimately goes to an arbitrator, and if you look at all arbitrations, they go to the unions. The point I left out was that those 400 people have substantial control over what services we can continue to provide to 45,000 people. We are tasked with representing all of the county, and less than 4 percent of them control our budget. We do not have that control. Frank Carbone, Commissioner, Nye County: I will go through a few charts on this PowerPoint quickly (Exhibit P) to give you the idea of what Mr. Schinhofen was saying about our total assets for the county. This is just a general fund. The numbers I want to show you here [page 4, (Exhibit P)] are on top of the normal salaries of the employees. This is what is garnered by collective bargaining. Every year, these numbers of benefits and salaries climb. It hurts this community because we are very small. We have 48,000 people in our whole county spread out over 18,000 miles. It is a lot of community to take care of, specifically when your tax base is really small. With the way the tax structure is set up, it will take multiple years to catch up to sustaining something we had many years ago. Assembly Committee on Government Affairs I have heard things, and Commissioner Borasky wrote about things that we had to reduce. We had to reduce the size of our jail in Tonopah because we could not afford it any longer. That goes back to where we are in our budget cycle. We had to cut $3.2 million out of our budget just to survive to the next year. It could get worse in the next year. Today, from what we are getting from collective bargaining groups, it seems they are not looking at doing any more furloughs which would help us and help them. We will end up having a 10 percent layoff, which will hurt services throughout the entire county. The sheriff will be cut by 10 percent, which means they will not be able to respond as quickly as they are able to today. Any of the volunteer fire departments out there will have their equipment reduced as well. We have to choose where we want to go. I came out of the aerospace sector at Northrop Grumman. We did not have a union. We had very strong, highly paid employees. There are different ways of handling things through a strong human resources organization that would protect the people. Those Page 2 of 3 4 are the people who ate currently in the collective bargaining group. There are other things that can be taken care of, such as performance for pay. Performance reviews are something that should be implemented completely instead of helter-skelter when we have the unions telling us what the performance base is. Ninety days was our probationary period, and usually the 90-day people were the first to go because they were on probation. But after they left probation, it was based on performance and where they sat in the curve of all the other people they were working with. As a county, we are really hurting, and collective bargaining really hurts us.” End of comments. There are other issues such as unpaid property taxes on foreclosed homes. The unusually high rate of relatives related to other employees employed in the county, failure to adjust to changing economic conditions, statements from Commissioners that it is too expensive to move the County seat to Pahrump without any documentation on the costs, we are now on the State of Nevada oversight watch list for our finances, borrowing money to buy out retirement packages of employees to the tune of as reported in the news as much as 6 million dollars which remains on the books as a debt to be repaid by taxpayers. There was no report on when this action would actually result in cost savings to the County. I could go on, but will end with this. There is the appearance in Nye County that basic management of the County and its affairs and finances is woefully inadequate and borders on a question of competency. Perhaps it is time for a change in management and five new commissioners. After all this is an election year. Andrew Alberti Resident, Citizen and Voter Page 3 of 3