July 12, 2016

Commissioner Wichman

and Angela Bello were present via telephone.

Commissioner Carbone

opened the public hearing. July 12, 2016 3. 8:30 For Possible Action Public hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisan ce located at 1141 Dyer Road, Pahrump. Nevada.-Cont’d. Mary Dixon, who lived at 1391 Dyer Road, stated this property was in a residential area, not industrial, and every day the property was aflowed to stay in this condition was another day their property values were dropping. Everything moved to the proper ty came from 1481 Irene. Ms. Dixon noted the County had been trying to get the Irene property cleaned up for three and a half years and she hoped it would not be that long for this property. She and her neighbors had worked many years without having to live with this in their neighborhood. She felt the property was unsafe, unsightly, fire a hazard and a health hazard. If zoning laws were not enforced Ms. Dixon wonde red what good it was to have them. She added she had submitted more pictures yesterd ay showing more stuff hauled in weekly. Lloyd Rowland, the tenant on the property, explained they started moving in and then he started getting papers in the mail. He said it was not as bad as people were makin g it out to be. Carolyn Hock advised Ona Lee had been notified of this and was looking forward to having a video conference. Ms. Hock said Ms. Lee was receiving threats from the neighbor down the street by e-mail and had all of those on record. Ms. Hock felt the tenants should have been allowed to get settled in before the complaints started.

Mr. Rowland

confirmed for Commissioner Schinhofen that he had a lease for the property. Kay Kozma, who resided at 1081 Dyer Road, said when the original owner lived on the property there was only the trailer she lived in and two buildings, a shed and a well house. By the time the tenants finished moving onto the property there was hardly an inch of ground without something on it. There were several campers, trailers, campe r shells, scrap metal, a swimming pool, tires stacked against the fence, various livesto ck, and a semi-truck. Ms. Kozma stated this was a residential neighborhood, not commercial or industrial. She said this unsightly mess was an embarrassment to the residents who chose to try to keep their properties neat and would just devalue their property. Ann Hare, the other tenant on the property, said since they moved in her husband has had health conditions and she was doing the best she could. She had not been given a chance to clean up the property yet, but she did clean up the property at 1481 Irene. Additionally, she was unclear as to what date she had to comply with based on notices she had received.

Commissioner Cox

stated she had spoken to the owner of the property while they were moving in as she got complaints immediately because of what was happening. She told

Commissioner Cox

she was allowing Mrs. Hare and Mr. Rowland to move onto the July 12, 2016 3. 8:30 For Possible Action Public hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1141 Dyer Road, Pahrump. Nevada.-Cont’d. property and stay there for free. Commissioner Cox questioned whether they had actually signed a lease.

Mrs. Hare

said they did and they were caretaking the property.

Commissioner Cox

stated they were only supposed to bring a swimming pool, a couple of animals and their automobiles. The owner said she did not agree to all the stuff they brought.

Mrs. Hare

stated the owner knew what they had on Irene.

Commissioner Cox

said they were also running a recycling business out of a residen tial area and they could not do that so they had no argument there and had defied the County laws. They moved from one residential area after they were told they could not have it there and moved it here. Commissioner Cox stated this needed to stop immediately and they were going to have to move it. In response to Commissioner Carbone’s question, Mr. Rowland advised they were recycling scrap metal. Carolyn Hock stated she was the executor of the property and acknowledged the tenants did have a lot of stuff that they were not able to get rid of from their previous property. She confirmed for Commissioner Cox that she did not live on the property, no one else lived in the trailers on the property, and the trailers were not hooked up to the septic tanks. Angela Bello reminded the Board there were ordinances for nuisances and code violations in the Pahrump Regional Planning area, but if this was under NRS 244 then the Board needed to find it endangered health, was indecent and offensive to the senses, or an obstruction to the free use of property so as to infringe upon the comfortable enjoyment of life or property. The issue of running a business was a code violation and a different citation. Darrell Lacy, Planning Director, said there was also a code compliance case on this property, but that was a slower process than what could be done through the nuisan ce process. As far as the recycling, he added that was required to be done in an industr ial area with conditional use permits. Pam Webster asked what had been sent from the code compliance standpoint.

Mr. Lacy

thought it was probably the courtesy notice and a first notice of violation, but he was not sure. July 12, 2016 3. 8:30 For Possible Action Public hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1141 Dyer Road, Pahrump, Nevada.-Cont’d.

Ms. Bello

repeated the Board must find that there was something injurious to the health or indecent and offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property of others.

Ms. Hock

pointed out they had not even been able to put up their privacy fence. Armando Gonzales said he had lived at 1211 Dyer for a little over ten years. It had been a teal nice neighborhood with everybody trying their best to keep their properties good. He described the look of this property as bad visually with the stuff that was there and felt the pictures spoke for themselves. He denied any kind of offensive odor.

Commissioner Wichman

asked if the swimming pool on the property was behind a fence or a locked gate and lilt was full of water.

Mrs. Hare

advised she took the pool down when she got notice because of the complaints about it. David Squire, who lived at 1170 Dyer across the street from the property, confirmed the pooi was down, but said there was still a lot of stuff there. The problem was the trailers were so close together and everything was so crammed together and everyone was scared of a fire. He also thought people were living in the trailers as he had seen lights in them. Mr. Squire also objected to the business.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

commented these were never easy because the Commissioners had to weigh the person’s property rights as well as the neighbors’ property rights and free enjoyment of their property. Initially he thought this was a private nuisance, not a public nuisance, but the potential fire hazard made him reconsider.

Mrs. Webster

said she could ask Scott Lewis to do an inspection of the property at the direction of the Board.

Commissioner Carbone

stated he would like to give them 90 days to clean up the property, but he did have an issue with the business on the property.

Commissioner Cox

read proposed Resolution No. 2016-66 finding that nuisance conditions did not exist.

Commissioner Schinhofen

told Commissioner Cox she could change the language to find that a nuisance did exist. July 12, 2016 3. 8:30 For Possible Action Public hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1141 Dyer Road, Pahrump, Nevada.-Cont’d.

Ms. Bello

explained the resolutions were drafted with potential language based on the complaint. They were not absolute and could be changed according to the Board’s wishes.

Commissioner Cox

verified with Mr. Rowland that there were no children living on the property.

Commissioner Ccx

made a motion to amend Nye County Resolution No. 2016-66 to state that these items were a hazard and approve as amended by changing the do not’s to do’s and the rest basically left the same. She did feel it was a fire hazard as illustrated by the pictures submitted and it was unsafe for children as there were refrigerators and other hazardous materials on the property. The swimming pool had been removed, but that did not mean they would not put it back up.

Ms. Belle

pointed out that in the back-up there should be one resolution that found a nuisance and one that did not find a nuisance because the one that declared a nuisance also had language regarding the need to abate where the one Commissioner Cox read did not.

Commissioner Carbone

wanted to give them 60 days to abate rather than 30.

Mrs. Hare

said they were just asking for a little time to clean it up and they could not get it done in 30 days as Mr. Rowland’s health was bad.

Commissioner Cox

suggested they use the people who helped them put it there.

Commissioner Ccx

made a motion to follow the resolution finding an existence of a nuisance condition and abate it within 30 days; seconded by Commissioner Schinhofen; 4 yeas.

Mrs. Dorand-Rudolf

advised each deputy she had except the one in Beaffy would resign August 1, 2016, however, there was one deputy who was interested in becoming the interim Public Administrator. Mrs. Dorand-Rudolf had also received an e-mail from another interested woman and knew of another person out of Carl Joerger’s law firm. She thought maybe the three of them combined could get it done and she would provide that information to the Board. Angela Bello advised that pursuant to NRS 253.0447, the Public Administrator may file with the Board of County Commissioners a request for payment for expenses incurred in the performance of such duties.

Mrs. Dorand-Rudoif

understood there was a $500.00 per month cap. She personally had never sought that, but she suggested that the interim Public Administrator would definitely need to access those funds if they were available.

Ms. Bello

stated she did not see that cap in the statute.

Commissioner Schinhofen

made a motion to accept the resignation of the current Public Administrator, Robin Dorand-Rudoif, effective August 1, 2016, and asked staff to advertise for this and have it on the August 2, 2016, agenda to consider replacements; seconded by Commissioner Wichman; 4 yeas. July 12, 2016

Mrs. Merlino

advised Mr. Alberti would receive a certificate of insufficiency today and explained when a referendum petition was turned in it had to have 10% of the turnout for the last general election, so this petition had to have 1,225 valid signatures. Mr. Alberti turned in a total of 1,276 signatures to be verified. Each document had to be signed off with a notarized affidavit of circulator, but there was one full petition with 73 signatures that had not been notarized, so that immediately threw out those 73 signatures. Additionally, each petition was misnumbered with lines 42 and 69 missing on each document, which made two less signatures on every single document turned in. That made the petition shorter than what Mr. Alberti had determined. In Mrs. Merlino’s raw count there were 1,276 total signatures on the petition and 1,225 were required to pass. She explained when there was a petition with over 500 signatures a random sampling had to be done, which her staff conducted on Thursday and Friday based on a system that picked random lines. Out of the 500 they came up with a total of 48 that were invalid, 25 that were not registered, 7 duplicates, and 16 that could not be determined one way or the other. The statute said if the count was less than 100% after the random then the signature verification continued. Her office then came up with 10 not registered, 7 duplicates, and 4 that could not be determined one way or the other. Mrs. Merlino stated that at this point they were 69 off of what they turned in, leaving them with 1,207 signatures before the verification was completed. That was less than what was required and rendered the petition insufficient. Andy Alberti said they originally came to the Commissioners with a short presentation to discuss some of the issues they saw to move the County seat to Pahrump. At that time they were seeking to have the Commissioners put it on the ballot as an advisory issue thinking that would open up discussion as to the pros and cons and cost of doing it. The Commissioners just shut them down without any deliberation, which was why they July 12, 2016 5. For Possible Action Discussion and deliberation regarding a referendum submitted to the County Clerk seeking to void NRS 243.315, which declares the county seat of Nye County to be Tonopah and all matters related thereto-Cont’d. ran the referendum. Mr. Alberti said he really did not understand why all of the Commissioners would be reluctant to do this as an advisory item in the November election and have an open discussion with the public. He added they also had time to do an initiative which would go directly to the Legislature which they were in the process of doing.

Commissioner Schinhofen

said the first question Commissioner Borasky asked was about the cost analysis, which had still not been received. Commissioners Schinhofen and Wichman both spoke, and Commissioner Schinhofen repeated a number of times what Mr. Alberti had to do to move the County seat, which was to follow NRS 243.460 through 243.490 inclusive. Commissioner Schinhofen then pointed out that Mr. Alberti’s petition would not have moved the County seat. It was to void Tonopah as the County seat. Commissioner Schinhofen did not know if it would revert to the last County seat, but it would not move the seat to Pahrump. He also did not want to put it on as an advisory question as there was a way to move the County seat, which was for Mr. Alberti to make his argument to the public, convince the public, and get 60% of the people to sign the petition. Commissioner Schinhofen would then be happy to put it on the ballot as it was the law.

Mr. Alberti

said the Clerk could not give him a list of all people who owned property for that 60% figure. Neither could the Assessor, the Recorder, anyone on staff or the elected officials. When the law said to get those signatures Mr. Alberti felt someone should be able to provide that list. As far as the estimate of the cost and some figures, he noted the County never came across with anything either.

Ms. Bello

clarified it was not 60% of the particular people who voted in the last election. It was a percentage of the number of people who voted in the prior general election. She agreed with Commissioner Schinhofen there was no provision for placing an advisory question on the ballot. The procedure was set forth in NRS 243.460 or it could be done by special act of the Legislature

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2016. Chair 4 Nye oury Clerk I Deputy